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Truck Accidents

We are experienced attorneys serving truck accident victims in Fort Collins and Northern Colorado and we produce the results to back it up.

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Tractor-Trailer Rollover

$100K

Our client was driving a semi-truck and trailer combination when an oncoming tractor-trailer veered into his lane. He had to drive off of the road and had a rollover crash. The other driver’s insurance company refused to accept responsibility, so we filed a lawsuit and ultimately reached a settlement.

About Us We are a collaborative team with the ability to deliver for you.

All of our lead attorneys have extensive litigation experience against insurance companies. Our attorneys have secured multi million-dollar judgments and settlements. Many of our attorneys previously worked defending insurance companies. Now we use their experience and insight to advocate for our clients against those same insurance companies.

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FAQs

We know how confusing it can be after an accident. Who will pay for your medical treatment? Should you talk with the insurance company? Here’s some common questions and answers as a starting point.

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  • Some people try to settle their personal injury case without a lawyer. They think that lawyers are too expensive, or that they can do it on and get the same result. This approach rarely works. The insurance companies’ lawyers and adjusters are skilled at lowballing people who do not have a lawyer. Injured people are not aware of what damages they can recover and fail to ask to be compensated appropriately.

    We frequently see insurance companies offer injured people a small amount of money to settle their claim, even though their damages are ten times that amount. Some clients come to us after they have battled the insurance company for years and gotten nowhere.

    Hiring a personal injury attorney will result in a better recovery for you. At HSD Law, we pride ourselves on making sure we add value to every clients’ case. Hiring an attorney provides numerous benefits:

    • Insurance companies more fairly evaluate claims once an injured person is represented by a lawyer. If an insurance company lowballs our client, then it faces litigation.
    • We read the fine print in all available insurance policies—this includes both the at-fault party’s insurance policy and our clients. We check to see if the at-fault party has an umbrella policy, or if there is additional coverage under an employer. We review our client’s policies for Med-Pay Coverage and Uninsured / Underinsured Motorist Coverage to ensure that no money is left on the table. We also help negotiate any subrogation claims that are asserted by a client’s health insurance, Medicaid, or Medicare.
    • We maximize clients’ financial recovery because we know which categories of damages an injured person can recover. We work with our clients to articulate their economic and non-economic damages and gather the evidence to support the claim. When a client’s injuries result in permanent impairment, we are experienced at attributing a monetary value to the claim.
    • We make the insurance company pay the full amount billed for your medical services—not the amount actually paid for the services by your health insurance, Medicaid, or Medicare.
    • We are skilled at valuing a client’s non-economic damages—this includes pain and suffering, inconvenience, and loss of enjoyment. The more severe the injuries, the greater the non-economic damages. Knowing how to evaluate, articulate, and demand payment of non-economic damages can only be gained through years of experience handling these types of claims.
    • We pay close attention to how the injuries will affect our clients in the future. We speak with doctors regarding future medical treatment our client needs and then calculate the client’s future medical expenses. When appropriate, we also consult with economists regarding what income a client will lose in the future and to calculate a client’s diminished earning capacity.

    Don’t go it alone. Together we can achieve excellent results.

  • Injured clients often wonder how they will pay lawyers to recover funds they owed after an accident. Injury cases are costly and time-consuming. Almost no one can afford to pay lawyers while they are struggling to pay medical bills and missing work because of an injury. Cases often take months, or sometimes years, to resolve. Because of this, we offer contingent fee agreements for personal injury cases.

    A contingent fee agreement means the lawyers are not paid until they recover funds for the client. If the lawyers fail to recover funds, the client does not owe them any legal fees. Contingent fee agreements state that the client will receive a specific portion of the recovery and the lawyer’s fees will be paid by a portion of the recovery. For example, two-thirds (2/3) to the client and one-third (1/3) to the attorney. However, the exact split varies from attorney to attorney, so it is important to read your fee agreement closely and discuss it with the attorney.

    A contingent fee agreement is very different from a “Time Based” fee agreement, which requires that the lawyers be paid for each minute they work, whether they win or lose. At HSD Law we offer contingent fee agreements for personal injury cases, and an attorney can discuss the details with you during your free consultation.

  • If you do not hire an attorney after an accident, then you will likely be contacted by the insurance company for the at-fault party. Most of the time the insurance adjusters are friendly. They will ask you to tell them about the accident and ask you to sign a release so that they can access your medical records to evaluate the claim. Although the insurance adjuster will encourage you to sign a medical records release, you should not sign one. If you signed a medical records release before speaking to an attorney, be sure to inform them so they can promptly revoke the release.

    There are many reasons that we do not have clients sign medical releases for the at-fault insurance company. Signing a release potentially reveals your entire medical history to the insurance company and violates your privacy. It also allows the insurance company to use unrelated medical conditions as an excuse to undervalue your claim. It may also give them access to your health insurance information, which is irrelevant to your claim and will only result in a lower settlement amount.

    If an insurance company is asking you to sign a release, you should talk to an HSD attorney immediately. Once you hire HSD Law the insurance company will stop calling you, and it is required to talk to your attorney instead. An attorney at HSD Law will determine which medical records the insurance company receives. This preserves your privacy and avoids giving the insurance company information to use against you.

Overview Here’s everything you need to know.

How they Can Happen

Truck accidents frequently occur at high rates of speed and can result in seriously bodily injury or fatalities. They can happen for a variety of reasons, which can include: mechanical issues with the truck; driver fatigue; overweight truck and trailer; blind spots, speeding, drunk driving, distracted driving, and; sunlight glare. Understanding how truck accidents are different from typical car accidents is important to ensure you are adequately protected. When you are injured as a result of a truck accident you are automatically up against deep pockets. Truck companies and their insurance companies will work quickly to try and obtain as much information as possible and offer you a low settlement amount to close the claim. It is important to understand the full scope of your injuries and the facts leading up to the accident to determine the value of your claim.

Information specific to truck accident cases helpful to evaluating your claim

  • Inspection and Maintenance records for the truck and trailer. The use of trucks and trailers over the road is often regulated by the state department of transportation. Trucks and trailers should be regularly inspected and maintained. A failure of a driver or a truck company to routinely inspect and maintain the truck and trailer could be a cause of the accident in which you were injured.
  • Driver hour of service logs. The hours of service a truck driver is allowed to drive within a specific timeframe is governed by the Federal Motor Carrier Safety Administration. Depending on the type of business the truck is involved in, the driver may be required to keep a paper log or use an electronic logging device to log the hours driven in a certain period of time. It is important to know the number of hours the truck driver was driving at the time of your accident as it may have contributed to the occurrence of the accident.
  • Employment records and driving records. Evaluating the driving record of the truck driver who caused your accident as well as their employment records if the driver is employed by a company is important to determine whether additional claims exist against the driver or the company that employed the driver.
  • Data from the truck’s “black box” or electronic on-board recording device. Depending on the make and model, trucks may have a black box which records data generated by the truck, including speeds and gps coordinates. This information can be important in building your claim against the truck driver and the trucking company.
  • Driver’s annual physical exam records. Truck drivers are often required to undergo a department of transportation physical exam on an annual or bi-annual basis. The records of these physical examinations may disclose issues with the driver’s fitness to drive, such as vision issues or sleep apnea issues which could have contributed to the truck driver’s negligence.

It is important to request that this information be preserved as soon as possible after the accident so that the information is not lost or destroyed. HSD Law’s attorneys can also assist in compiling accident reports, toxicology reports, regulatory agency reports and any other information relevant to your claims.

What are your truck accident claims?

When you are injured in a truck accident, you may have several claims to pursue for your recovery. It is possible the more parties than the truck driver can be held liable for the accident. If the driver was an employee and working at the time of the accident, you may have claims against the driver and the employer. Examples of employer conduct which may give rise to claim against the employer includes the following:

  • Sending trucks on the road without proper maintenance and inspection
  • Requiring drivers to exceed hours of service as governed by regulatory agencies
  • Employing drivers who have physical health issues
  • Employing drivers who have a poor driving record
  • Failure to appropriately train drivers

In some instances, the manufacturer of truck and trailer, or the manufacturer of certain parts on the truck and trailer could be held liable. Contact HSD Law to evaluate your truck accident claim.

970.294.3429