Why Colorado Truck Accidents May Involve Many Defendants

If someone driving their own car rear-ends your vehicle, it is pretty easy to sort out legal responsibility for the accident. The driver who rear-ended you is generally liable for any medical bills and other losses you incurred as a result of the collision. In most cases, this means the negligent driver’s insurance company will pay for your damages.

When it comes to an accident involving a commercial truck, however, the liability situation is often quite a bit more complicated. Of course, a negligent truck driver is responsible for their actions. But there are often other parties who share in that legal responsibility. It is therefore important for truck accident victims to identify everyone who is potentially liable for a truck accident before initiating legal action.

Trucking Companies

While some truck drivers are independent contractors who use their personal vehicles, most truckers are employees of an organized trucking company. Colorado law holds all employers, including trucking companies, vicariously liable for accidents caused by the negligence of their employees. In other words, if a reckless trucker causes an accident and injures you, the trucking company that employs that driver is automatically responsible.

Trucking companies can also be found independently negligent if they hired a dangerous or unqualified driver, or if they failed to properly train and manage that driver prior to an accident. For instance, a trucking company that failed to perform a background check that would have revealed a driver had a history of DWI and license suspensions can be found liable for negligent hiring practices separate from any vicarious liability that attaches to the company for an accident.

Similarly, federal and Colorado state laws require trucking companies to keep their vehicles in proper working order. If a trucking company’s lax maintenance led to a mechanical failure that forced the driver into an accident, that would again be a case of direct negligence on the part of the company.

Cargo Companies

When a customer or third party assumes responsibility for loading a truck’s cargo, they must do so carefully. Improperly secured cargo can become loose during transport and trigger an accident. Similarly, an unbalanced load may shift and cause the driver to lose control of the vehicle. In either scenario, an accident victim may have a legal claim against any companies or individuals responsible for loading and securing the truck’s cargo.

Maintenance and Repair Companies

While truck drivers and owners are ultimately responsible for the safety of their own vehicles, it is quite common practice to outsource the actual maintenance and repair work to third-party shops. These repair shops can be found liable if their work was shoddy, used defective parts, or otherwise led to a mechanical failure.

Contact a Grand Junction Truck Accident Lawyer

Colorado follows a comparative fault rule in personal injury cases. This means that when multiple parties are potentially liable for a truck accident, a jury must apportion each defendant’s relative fault with respect to the victim’s losses. This can be a complex process, which is why it is important to work with a qualified Grand Junction truck accident attorney. Call Killian, Davis & Richter, PC, today at 970-241-0707. We serve clients in Grand Junction, Montrose and Mesa County, Colorado.