When you are driving, you expect everyone sharing the road to operate their vehicles safely, especially when weather conditions are a factor. If a commercial vehicle strikes you on a frozen stretch of the highway or a main road, the impact can be devastating. Longmont truck accidents involving icy roads warrant experienced legal representation that can help you take the necessary steps to ensure your security after a major accident.
Our truck crash attorneys can protect your legal rights and advocate for a payout that reflects your current and future physical and emotional needs. At Hull & Zimmerman, P.C., we have decades of experience working with survivors of major traffic collisions and will fight to pursue the compensation you deserve.
Heightened Safety Rules of Commercial Vehicles
Due to their massive size, weight, and limited maneuverability, commercial trucks are subject to heightened responsibilities on the road. Colorado adopts Federal Motor Carrier Safety Regulations for operating trucks in hazardous weather. According to Title 49 of the Code of Federal Regulations § 392.14, Longmont truck drivers must exercise extreme caution to avoid a crash when hazardous conditions such as snow, ice, or sleet adversely affect visibility or traction. This law establishes that the court can find drivers negligent for merely following the speed limit on an icy road rather than exercising extreme caution.
The state also sets the standard for driving safely in inclement weather under Colorado Revised Statutes § 42-4-1101, which prohibits drivers from exceeding reasonable and prudent speeds under existing conditions. Semi-trucks can weigh tons, so prudent speed on ice for these types of vehicles is significantly lower than for a passenger car. An attorney from our practice can help to establish negligence by determining the truck’s speed and whether it should have been traveling more slowly.
Who Do the Courts Hold Responsible?
The state follows the doctrine of respondeat superior, which holds the trucking company liable for the actions of its employees during work hours. Our Longmont accident lawyers can investigate whether the company failed to inspect the truck for winter readiness, pressured the driver to meet a delivery schedule that was impossible to achieve safely in a storm, or failed to provide proper training for driving on frozen roads.
Additionally, after sustaining injuries in a wreck involving a truck, you have three years from the date of the accident to file a claim for compensation in accordance with C.R.S. § 13-80-101. Our legal team is well-prepared to handle truck crashes involving inclement weather, and contacting us quickly can be a practical step to avoid issues with the filing deadline and insurance companies attempting to shift blame.
What Damages Are Recoverable After a Truck Accident?
When icy conditions contribute to a truck wreck, Longmont courts may award economic and non-economic compensation for your financial and emotional suffering. Economic damages compensate for your financial harm, including medical expenses and lost wages. Non-economic damages compensate for your emotional harm and include disfigurement and mental anguish. Working with our experienced lawyers can help you understand the factors that influence your compensation.
However, the state operates under a system of modified comparative negligence for purposes of determining your eligibility to recover damages. Pursuant to C.R.S. § 13-21-111, you may only recover damages if you are less than 50 percent responsible for the accident. Trucking insurance companies may try to shift blame onto you to deny your claim by arguing your tires were worn or that you failed to brake properly. Our dedicated counsel can help you gather evidence to assess whether your driving complied with the law.
Call Our Longmont Firm After a Weather-Related Truck Accident
Longmont truck accidents involving icy roads can lead to catastrophic injuries. Between medical bills, lost earnings, and physical and emotional concerns, managing your legal and financial affairs can be challenging.
By partnering with our team, you can save time, money, and resources while we focus on pursuing a settlement that reflects your circumstances. Call us at Hull & Zimmerman, P.C. today for your free consultation.
