How to Prove Liability in a Colorado Truck Accident Case

Considering the fact that the number of Colorado truck accident cases has been rising rapidly for the past few years, there is absolutely no surprise why so many people are looking for a lawyer.

You see, just like in the case of any other type of road accident, a truck accident can leave the victims with extremely severe injuries. And there is also a major chance of property damage, that I am not even mentioning at this point!

For instance, according to the reports of the National Safety Council (NSC), over 5,000 trucks were involved in fatal crashes in 2022. And needless to say, Colorado trucks contributed a healthy percentage to this statistic. 

However, you need to know that Colorado laws allow victims to claim compensation for truck accidents. And for that, you must prove that the driver, trucking company, manufacturer, or cargo loader was at fault in the accident.

But is that all you need to do? How can you go about with this? What are the things that you should know?

Hi. In today’s blog, these are some of the things that I will be talking about. So, if you want to know how to prove liability in a Colorado truck accident case, you have come to the right place!

Therefore, keep on reading this vlog till the end and thank me later!

Top Colorado Trucking Laws: Understanding the Legalities of a Colorado Truck Accident Case

When it comes to commercial trucks, we all know that they be extremely dangerous. These heavy vehicles on road often pose the risk of significant accidents and injury. And this is especially true in the case of trucks that are poorly operated and/or maintained.

But is there a way to reduce the risk? Of course there is. But guess what? Most of these are legislative and law related in nature.

For instance, the Colorado Legislative body has implemented several laws in order to reduce the risk related to tuck accidents. Additionally, they are some of the best ways to ensure the safety of road users.

These are mainly related to certain strict regulations on the trucking industry. And there’s a reason behind this. You see, the laws can guide the companies to carry out vehicle maintenance and road operation without missing out.

But what are these laws?

You don’t have to stress because I have gathered the necessary information regarding the trucking laws in Colorado that are in place for safety. Here are some of them that you need to keep in mind:

Service Hour Regulations

First in this list of the trucking laws that are in place to reduce the number of Colorado truck accident cases is the very important service hours law. This law regulates the working hours for truck drivers (both on and off duty).

According to this law, the truck drivers cannot be on duty for more than 14 hours in 24 hours. Additionally, there is a division in this 14 hour duration as well. The law strictly mandates that the driver cannot operate for more than 11 hours in these 14 hours as well.

And that’s not all. No driver can extend their on-duty hours even if they have spent time on stops or even meal breaks. In addition, a truck driver must stay off-duty for at least 10 hours after driving on duty. 

Hazardous Material Regulation

Under Colorado laws, truck drivers must obtain a permit from the Colorado Public Utilities Commission before transporting hazardous materials. The State Patrol may also designate specific routes for truckers to use.

Some of the materials requiring transportation permits include: 

• Explosives
• Methane 
• Radioactive materials 
• Poisonous or toxic material by inhalation
• Liquefied natural gas

The law also offers permit exemption for certain radioactive materials, such as those used for national security and medical purposes. Truck drivers maintain their permits to keep them valid. 

Weight Limit Regulation

Colorado also upholds the federal laws governing vehicle load weight on the road.

Truck drivers must adhere to these weight limits while driving in Colorado to avoid liability in a truck accident.

Under federal laws, trucks, trailers, or combination vehicles can carry a maximum weight of 80,000 pounds. However, Colorado laws increase the limit to 85,000 pounds. 

Chain Laws

Colorado implements a chain law mandating trucking companies and drivers to carry sufficient chains or alternative traction devices from September 1 through May 31. This law specifically applies to truckers plying through Interstate 70. 

Trucker drivers must install these chains or traction devices when the chain law sign flashes or after receiving a notification on their message board. They must also use them on four or more truck drive wheels. 

Mud Flap Laws

Colorado trucking law requires that all large trucks operate on roads and highways with mud flaps or splash guards installed at all times.

Drivers must inspect and maintain their mud flaps to keep them functional. If a driver becomes aware of damage to his mud flap, he must replace it at the first safe opportunity to exit the highway. 

Steps to Prove Liability In a Truck Accident Case

Now that you are aware of the trucking laws when it comes to Colorado, there is something important that you MUST know.

You see, despite the many laws and regulations governing trucking companies and drivers, that I have mentioned above, there are several truck accident that still occurs.

In other words, many truck accidents are still traceable to negligence. However, sometimes the vehicle manufacturer or cargo may be at fault. And sometimes it is entirely the driver’s fault.

Regardless of who’s at fault, you must prove negligence by the at-fault party. Why? Well, in order to establish liability and claim satisfactory compensation.

So, here are the four key elements that make up the steps to establish liability and responsibility of the offender in any personal injury or truck accident case. They include the following

Establish a Duty of Care

Highlighting a duty of care is the first key step in establishing negligence and liability in a truck accident. Duty of care describes an individual’s legal responsibility to act in a way that avoids harming others. 

Trucking companies must provide safe vehicles and drivers to operate them safely. Truck drivers have a heightened duty of care compared to other road users because of the size, weight, and risk their vehicles pose on the road.

To prove liability in your case, you must establish this duty on truck drivers and their companies. 

Prove a Breach of Duty

After establishing their duty of care, you must show that a driver or the trucking company failed to satisfy their duty to meet the required standard of care. Evidence is key to proving a breach of duty in such cases. 

You can hire a Colorado truck accident lawyer to help collect relevant evidence to prove a breach of duty. These experts can collect traffic footage, witness testimonies, police reports, accident reconstruction reports, and data from the truck’s black box. 

Your evidence must show that the at-fault party did not act reasonably or safely. Proving the driver was fatigued, did not follow traffic regulations, or rode a faulty truck is an excellent way to prove a breach of duty. 

Establish Causation

Causation is the element of negligence that links the breach of duty to your injury. This is where you proved that the action or inaction of the driver or trucking company directly caused the accident and injuries. 

You must prove that the breach of duty, not any other action or condition, caused the accident, and it often helps to show how.

Establishing that a faulty braking system led to a crash shows that the trucking company’s negligence caused the accident. 

Show Damages

You must show that you suffered damages due to the accident to earn compensation or settlement.

Damages cover all your losses from the accident, including injuries and property losses. You can also claim non-economic damages to cover your losses due to pain and suffering.

Proving damages is important to ensure that the at-fault party compensates for losses incurred due to the accident and not those for previously incurred injuries or conditions.

Wrapping It Up!

In conclusion, Colorado laws are in place to provide certain rules and regulations and to guide the trucking companies and drivers for a safer trucking experience.

These trucking laws help the government regulate the service hours of the truck drivers. Additionally, they also require permits for transporting hazardous materials and mandate the use of traction devices and mud flaps.

There can be times when people are involved in a Colorado truck accident case because of their or another person’s negligence and carelessness.

However, in those cases, you can prove liability. In this way you can earn the compensation that you rightfully deserve. All you need to do is establish a duty of care, prove a breach, establish causation, and show damages.

Read Also:

• When Do You Need to Hire a Car Accident Lawyer?
• What is the Average Settlement for a Car Accident for Back and Neck Injury?
• How a Personal Injury Lawyer Can Help You Get the Compensation You Deserve