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Accidents involving semitrucks or 18-wheelers can be devastating, requiring substantive medical treatment and rehabilitation to heal your injuries. Because of the high costs of medical treatment and physical therapy, you may need to file a lawsuit to cover your medical bills and lost wages.
A lawyer can make the process of filing a lawsuit much easier than if you were to try to represent yourself in court. That said, it’s still critical to understand how truck accident lawsuits work.
Colorado Statute of Limitations for Truck Accident Cases
The statute of limitations is a law that lays out how long a truck accident victim (or other personal injury victim) has to file a lawsuit. Lawsuits filed after this timeframe has expired are likely to be thrown out, unless some extenuating circumstances apply.
As per Colorado’s Revised Statutes, truck accident victims have three years from the date of the accident to file a lawsuit for damages related to injuries sustained from the accident and/or property damage to their vehicle.
Not all lawsuits are subject to these exact timeframes. For instance, if you did not discover your injury from a motor vehicle accident until some time after the crash—and it was reasonable for you to have discovered it then and not before—you have three years from the date of discovery to file a claim. This is sometimes called the discovery rule.
Colorado Laws for Truck Drivers
Truck drivers in Colorado are subject to a host of laws regarding insurance, transportation of goods and other key areas of their work. Here are some of the most important laws to be aware of.
- Limits on driving time. Drivers operating a property-carrying commercial vehicle are prohibited from driving after having been on duty for 14 hours. Drivers are not permitted to drive more than 11 cumulative hours after having 10 consecutive off-duty hours. Additionally, motor carriers cannot allow a truck driver to operate a property-carrying commercial vehicle if they have driven 60 hours in a seven-day period or 80 hours in an eight-day period.
- Tire chains. Through September 1 to May 31 of the following year, Colorado truckers driving on I-70 between Morrison and Dotsero are required to have tire chains equipped.
- Drug and alcohol testing. Generally speaking, all drivers with a commercial driver’s license (CDL) who operate commercial vehicles on public U.S. roads are required to undergo drug and alcohol testing from the Department of Transportation.
- Weight and length restrictions. Colorado law prohibits trucks traveling on state roads from exceeding a total overall length of 45 feet for a single vehicle and 70 feet for a combination of a truck and trailer. A single truck with two axles cannot weigh more than 40,000 pounds if it is traveling on state highways, and a three-axle truck cannot weigh more than 54,000 pounds.
Identifying Fault for Truck Accidents in Colorado
Finding out who is at fault for a truck accident is critical in Colorado, as the state uses at-fault rules for insurance claims. The other driver’s insurance covers your damages only if you can prove they were at fault for the accident.
Fault is typically determined by reviewing police reports and other accident records to understand the facts of the crash. If you are pursuing a lawsuit against the driver rather than an insurance claim, you must prove that the at-fault driver failed to exercise reasonable care under the circumstances (i.e., was negligent).
When determining damages, Colorado uses a modified comparative negligence doctrine. Under this rule, the amount of fault the plaintiff carries reduces their total recovery. If the plaintiff forgot to signal at a turn before the crash and was found 30% at fault, their recovery is reduced by 30%. In addition, Colorado law bars any party from recovering damages if they carry more than 50% fault for the accident.