A collision involving a commercial truck can have devastating consequences. When a truck accident results in a death, surviving family members may suddenly face funeral expenses, lost household income, and the emotional impact of losing someone who played an irreplaceable role in their lives.
Colorado law provides potential legal remedies when a fatal truck accident results from another party's negligence or wrongful conduct. Depending on the circumstances, surviving family members may be able to pursue compensation through a wrongful death claim, while certain losses associated with the deceased person's injuries may be addressed through a separate survival action.
At Pribila & Fields, we help Colorado families understand the legal and financial issues that can arise after a fatal commercial truck accident.
The compensation available after a fatal truck accident depends on the circumstances of the crash, the losses suffered by the surviving family, and the type of legal claim being pursued.
A wrongful death claim focuses on losses resulting from the person's death. Depending on the case, recoverable damages may include both economic and noneconomic losses.
Potential compensation can include:
The value of these losses varies substantially from one family to another. A careful evaluation should consider not only immediate expenses but also the financial and personal contributions the deceased would likely have made in the future.
Colorado has specific rules governing who may bring a wrongful death action and when particular family members may pursue the claim. These rules can depend on factors such as whether the deceased person was married and how much time has passed since the death.
A surviving spouse generally has significant rights concerning a wrongful death claim. Children and certain other qualifying heirs may also have rights depending on the family's circumstances and the applicable statutory requirements.
This can become especially important when multiple family members have been affected by the same loss. Rather than assuming that every relative can independently bring a separate lawsuit, families should understand how Colorado's wrongful death rules apply to their particular situation.
Our Colorado Springs truck accident attorneys can explain who may have the right to pursue compensation and how a fatal truck accident claim may proceed.
When someone dies in a truck accident, the financial consequences can extend decades into the future. Lost income can therefore represent a substantial part of a wrongful death claim.
Calculating this loss is not always as simple as multiplying the deceased person's most recent paycheck by a certain number of years. The analysis may need to consider the person's age, occupation, earnings history, likely career path, and other circumstances.
Factors that may be considered include:
In some cases, financial or economic experts may be used to evaluate the income and benefits the deceased person likely would have contributed over time.
The consequences of a fatal truck accident are not limited to financial losses.
A spouse, child, or other qualifying family member may lose companionship, guidance, affection, emotional support, and other aspects of an important relationship. Colorado wrongful death law recognizes certain noneconomic losses associated with a person's death.
These damages are different from medical bills or lost wages because there is no invoice or paycheck that establishes their value. Instead, they concern the effect the death has had on surviving family members.
The nature of the relationship can therefore become important. Evidence may help illustrate the role the deceased person played in the family and the impact of that person's absence.
A fatal accident may involve more than a wrongful death claim. Depending on the circumstances, a survival action may also be relevant.
A wrongful death claim generally addresses losses suffered by qualifying surviving family members because of the death. A survival action, by contrast, involves certain claims that belonged to the deceased person and may continue through the estate.
This distinction can matter when the person survived for some period after the truck accident and incurred losses before death.
Potential issues may include:
Wrongful death and survival claims serve different legal purposes, so families should understand which claims may apply after a fatal Colorado truck accident.
One reason fatal truck accident cases can be more complicated than ordinary passenger vehicle collisions is the number of parties that may be involved in commercial trucking.
The truck driver may be responsible for unsafe driving, but an investigation should not necessarily stop there. The trucking company, maintenance providers, cargo companies, contractors, or other businesses may also need to be examined depending on how the crash occurred.
Potentially responsible parties can include:
Identifying all responsible parties can be particularly important after a fatal accident because the family's losses may be substantial.
Commercial truck accident investigations can involve evidence that does not exist in an ordinary car accident case. Trucking companies may possess electronic and business records that help explain what happened before the collision.
For example, electronic logging information may provide details about a driver's work and rest periods. Vehicle data may help investigators understand speed, braking, or other actions shortly before impact. Maintenance records may reveal whether the truck had unresolved mechanical problems.
Important evidence can include:
Preserving this evidence can be crucial. Families do not control the trucking company's records, and some information may be retained only for limited periods.
A trucking company may potentially bear responsibility when its driver causes a fatal crash while performing job duties. The company's own conduct may also become relevant.
For example, questions may arise about whether the company hired a qualified driver, properly supervised its drivers, maintained its trucks, or followed applicable safety requirements.
An investigation may also examine whether company practices encouraged unsafe behavior. Commercial drivers can face significant scheduling and delivery pressures, and the circumstances leading up to the crash may reveal whether those pressures contributed to dangerous decisions.
Determining the relationship between the driver, carrier, vehicle owner, and other companies involved can help identify the parties that may be legally responsible.
Families understandably need time after an unexpected death. Unfortunately, evidence connected to a commercial trucking accident may begin changing or disappearing soon after the collision.
The vehicles may be repaired or moved, witnesses may become more difficult to locate, and electronic or company records may be subject to retention practices. Prompt legal action can help identify evidence and take appropriate steps to preserve it.
An early investigation can also help answer questions about insurance coverage, corporate relationships, and whether multiple parties contributed to the accident.
Families do not need to determine these issues themselves. An attorney can investigate the crash while the family focuses on the immediate consequences of its loss.
If you are dealing with the loss of a loved one in a fatal truck accident in Colorado Springs, our attorneys are here to help. We can investigate the crash, identify potentially responsible parties, and explain the compensation your family may be able to pursue. Call us today or connect with us online to schedule a consultation.
Pribila and Fields, P.C. has successfully handled thousands of personal injury cases and tried scores of cases where an insurance carrier refused to pay fair compensation for injuries, losses or damages.
18 E. Monument Street
Colorado Springs, CO 80903
reception@pribila.com
Phone: (719) 888-3720
Fax: (719) 473-2542
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