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Who is At Fault if Two 18-Wheeler Trucks Crash Into Each Other in Colorado? 

 Posted on March 20, 2024 in Truck Accident

Fort Collins, CO truck accident lawyerWhen two 18-wheeler trucks collide in Colorado, figuring out who is responsible is important, especially if the injured parties are interested in taking legal action. There can be many reasons why truck accidents occur, including driver negligence, road conditions, and mechanical failures. If you were injured as a result of an 18-wheeler crash, you have legal options that are worth knowing about. You are also strongly encouraged to file an accident report and hire a well-qualified attorney trained in personal injury law in Colorado. 

Negligence and Driver Responsibility

When two 18-wheeler trucks collide, one of the primary considerations is whether either driver acted negligently. This could include actions such as speeding, distracted driving, or failure to yield. Evidence such as witness statements, surveillance footage, and black box data can be crucial in establishing which driver was at fault. 

Maintenance and Mechanical Failures

Another important factor in determining fault in a truck collision is the maintenance of the vehicles involved. If a mechanical failure, such as brake failure, contributed to the accident, the trucking company or maintenance provider could be held liable for negligence in ensuring the proper upkeep of the vehicles.

Road Conditions and External Factors 

Road conditions, weather, and external factors can also play a significant role in truck accidents. If poor weather conditions or road hazards contributed to the collision, determining fault may involve assessing whether the drivers took appropriate precautions given the circumstances.

Legal Considerations and Liability

Answering the question of who is responsible for a truck accident can be difficult, and in many cases it requires serious investigation. 

In Colorado, responsibility in truck accidents is determined based on the idea of negligence. People driving on the road are required to exercise care to avoid harming others, and when they do not do this, they may be considered ‘negligent,’ meaning they are responsible for any damage their actions cause. Negligence has four core elements that must be proven, including:

  • Duty of  care - This is the legal obligation someone has to act reasonably to prevent future harm

  • Breach of duty - This is when someone acts so dangerously that they breach the duty of care

  • Causation - This is the connection between breach of duty to the harm suffered

  • Damages - This is the result of the harm, including physical injury, damage to vehicles, emotional pain and suffering, and more. Damages are what gets compensated in claims against an insurance company or lawsuits against an individual.

Investigating accidents to prove who is responsible for the damages is not easy and it can require a lot of time and effort. You do not have to do this on your own; your attorney will help you do this and fight for maximum compensation. 

Contact Our Fort Collins, CO Truck Accident Attorney

At Hoggatt Law Office, P.C., our team believes in a client-focused approach to truck accident cases that emphasizes safeguarding the legal rights of the injured person. When clients come to us in the wake of an accident, they can trust they will be receiving the most hands-on help with every step of their case. As a member of the Colorado Trial Lawyers with many years of experience, Attorney Hoggatt’s experience allows him to protect clients’ rights inside and outside the courtroom aggressively. 
If you are a truck driver injured in an accident with another truck driver, contact the skilled Larimer County, CO truck accident lawyers with Hoggatt Law Office, P.C.. Call 970-225-2190 for a free consultation.

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Hoggatt Law Office, P.C.

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