Denver Truck Accident Liability Explained

Truck accidents often leave victims with severe injuries and surviving families with uncertainty. According to the Federal Motor Carrier Safety Administration (FMCSA), a total of 5,788 fatalities in large truck crashes occurred in 2021. 

Unlike a typical car accident, determining who bears responsibility in a truck collision involves multiple potential parties and a detailed investigation into federal and state trucking regulations. For injured individuals, understanding truck accident liability is critical when seeking justice and compensation. 

As a trusted truck accident law firm in Denver, The Morgan Law Group gives clients representation focused on holding negligent parties accountable. 

Let’s break down the legal aspects of liability in truck accident cases, clarify who is liable in a truck accident, and explain how a Denver truck accident lawyer can help victims build a strong truck accident claim.

Understanding Truck Accident Liability in Denver, CO

Liability in a truck accident in Colorado revolves around negligence, whether by the driver, the trucking company, or another entity involved in the vehicle’s operation. Colorado follows a modified comparative negligence rule, which means a truck accident victim can still recover compensation even if partially at fault, as long as their share of fault does not exceed 49%.

For example, if a jury finds that a trucking company was 70% responsible and the injured driver was 30% responsible, the driver could still recover damages, but the award would be reduced by 30%. This rule makes determining fault in truck accident cases especially significant because insurance companies often try to shift blame onto victims to minimize payouts.

Truck accident liability also intersects with federal trucking regulations enforced by the FMCSA. These laws govern driver qualifications, hours-of-service limits, vehicle maintenance, and cargo loading. Violations of these rules can strengthen a victim’s claim by showing negligence beyond ordinary traffic violations.

Who Can Be Held Liable in a Truck Accident in Denver?

There is often more than one party responsible when it comes to determining who is liable in a truck accident: 

• Truck Driver
• Trucking Company
• Truck/Parts Manufacturer
• Maintenance Provider
• Cargo Loading/Shipping Company
• Government Entity
• Other Parties

Each case must be investigated thoroughly to assess which parties may share fault.

Truck Driver Liability

Truck drivers are often the first individuals scrutinized in a crash. Driver error, including fatigue, distracted driving, speeding, impaired driving, or violations of federal hours-of-service regulations, can directly lead to liability in a truck accident.

Truckers operating under the influence of alcohol or drugs, or those using a handheld device while driving, may face both civil and criminal consequences. If the driver is classified as an employee, their actions may also establish liability for their employer.

Trucking Company Liability

Trucking companies can be held responsible for negligent hiring practices, poor training, or pressuring drivers to meet unrealistic delivery deadlines that result in unsafe driving behaviors.

If the truck driver is employed by a company (rather than an independent contractor), that company can be held vicariously liable under the doctrine of respondeat superior. Truck accident liability may also extend to the company if it failed to enforce safety policies or cut corners on vehicle inspections.

Truck/Parts Manufacturer Liability

When mechanical failure is involved (such as brake failure, tire blowouts, or steering malfunctions), the manufacturer of the defective part may bear legal responsibility. Proving fault in a truck accident that involves product defects typically requires engineering analysis and expert testimony.

Liability in a truck accident can be attributed to a vehicle manufacturer if it’s proven that a defective part was the direct cause of the crash and injury.

Maintenance Provider Liability

Trucking companies often outsource vehicle upkeep to third-party mechanics. These service providers can be liable if they failed to inspect, repair, or replace critical components that later caused a crash. In these cases, records of routine maintenance, inspections, and repair logs can serve as vital evidence.

Cargo Loading/Shipping Company Liability

Improper loading, unbalanced cargo, or unsecured freight can cause a truck to tip, jackknife, or lose its load on the roadway. When this happens, the company responsible for loading the truck may share the fault in a truck accident.

Federal and state regulations require specific procedures when securing different types of cargo. Violations of these standards, whether by employees or contractors, can directly affect truck accident liability.

Government Entity Liability

When poorly maintained roads, missing signage, or malfunctioning traffic signals contribute to an accident, the government agency responsible for the roadway may be held accountable. However, claims against government entities must follow specific notice and timing rules under the Colorado Governmental Immunity Act.

If the accident occurred on a city or state-managed road in Denver and roadway conditions played a part, it’s critical to act quickly and preserve evidence of the hazardous condition.

Other Liable Parties

Additional parties who may hold liability in a truck accident include:

• Truck leasing companies (if the vehicle was leased and not maintained properly)
• Third-party logistics providers (involved in managing the transport chain)
• Other motorists (who may have triggered a chain-reaction collision)

Each of these entities may play a role depending on the unique facts of the case. Identifying every contributor to the fault in a truck accident is key to maximizing compensation.

How Is Fault Determined in a Truck Crash in Denver?

Establishing fault requires a comprehensive investigation and evidence collection. 

Truck accident cases heavily rely on facts and documentation to apportion liability, which may include:

• Police Accident Reports: These often contain the responding officer’s observations and initial determination of fault.
• Black Box Data: Most commercial trucks are equipped with electronic logging devices (ELDs) or event data recorders (EDRs) that capture vehicle speed, brake application, and hours of service.
• Dashcam Footage: Video evidence can confirm or contradict eyewitness statements.
• Witness Testimony: Neutral third-party accounts help clarify the sequence of events.
• Driver Logs and Employment Records: These can indicate violations of federal regulations, including drive-time limits and rest breaks.
• Vehicle Inspection and Maintenance Logs: Regular or missed servicing records can shed light on mechanical issues.
• Cargo and Dispatch Records: These can help determine whether the load was balanced and whether drivers were pressured to drive under unsafe conditions.

Determining accident liability hinges on a full picture of what happened before, during, and after a truck collision in Denver. A truck accident attorney can ensure that no stone is left unturned in this process.

Available Compensation to Claim After a Truck Accident 

Truck accidents tend to cause extensive damage. 

Victims may pursue compensation for both economic and non-economic losses, which may include:

• Medical bills 
• Future medical care
• Lost wages
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Wrongful death damages (if a loved one died)

Colorado does impose caps on non-economic and punitive damages, though exceptions may apply in catastrophic cases. Knowing the full value of your truck accident case is essential to avoid settling for less than you deserve.

How Can a Truck Accident Attorney Help Prove Liability?

Hiring an attorney in Denver can make a decisive difference in proving liability and recovering damages. 

An attorney can:

• Investigate All Liable Parties: Identifying whether the driver, trucking company, or another entity is responsible.
• Preserve Critical Evidence: Securing black box data, driver logs, and vehicle inspection reports before they are lost or destroyed.
• Work with Experts: Engaging accident reconstruction specialists, medical experts, and economists to strengthen the case.
• Negotiate with Insurers: Countering efforts by trucking and insurance companies to downplay liability or shift blame.
• Litigate (if necessary): Presenting the evidence before a jury when settlement offers are inadequate.

If you’ve been injured in a commercial truck accident in Denver, it’s not just about recovering; it’s about holding the right parties accountable. Our Denver truck accident lawyer at The Morgan Law Group can offer the representation you need to pursue fair compensation.

Call us today at (303) 625-6388 or contact us using our online form to schedule a free consultation.