Filing a Wrongful Death Claim After a Fatal Semi-Truck Accident in Colorado Springs
Suddenly losing a loved one is devastating. If a family member passed away due to a semi-truck collision, the legal process can be complicated.
Timothy Bussey is an experienced wrongful death lawyer in Colorado Springs. At The Bussey Law Firm, P.C., we understand the emotional and legal challenges that follow a wrongful death truck accident. Our attorneys provide legal guidance to families in need during some of the most difficult moments of their lives.
What Is a Wrongful Death Claim in Colorado?
A wrongful death claim arises when a person loses their life due to another party’s negligence or misconduct. In the context of a semi-truck accident lawsuit, this often involves preventable factors such as:
- Driver fatigue
- Distracted driving
- DUI driving
- Lack of driver oversight
- Improper truck maintenance
- Negligent hiring of unsafe drivers
- Overloaded or improperly secured cargo
Colorado’s wrongful death laws allow surviving family members to pursue compensation for the losses they have suffered as a result of the death.
Who Can File a Wrongful Death Claim?
Under C.R.S. § 13-21-201, Colorado law strictly defines who has the right to file a wrongful death claim.
In the First Year After Death:
- The surviving spouse has the exclusive right to file
In the Second Year:
- The spouse may still file, or
- The spouse may allow the deceased’s children to file
If There Is No Spouse:
- Children may file the claim
- If there are no children, parents or siblings may be eligible
Understanding Truck Accident Liability
Truck accident wrongful death claims can involve multiple parties, each of whom may share responsibility. Identifying all responsible parties is critical to pursuing full compensation.
Liable parties may include:
- The truck driver
- The trucking company
- Maintenance providers
- Cargo loading companies
- Truck manufacturers (in cases involving defects)
The Role of Federal Trucking Regulations
Commercial trucking is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations often play a key role in proving negligence.
Violations that can lead to liability include:
- Hours-of-service (HOS) violations (driver fatigue)
- Failure to properly maintain the truck
- Inadequate driver training
- Improper cargo loading or securement
Federal Hours of Service Rules
Truck driver hours-of-service (HOS) laws are federal regulations that limit how long commercial truck drivers can operate without rest. These rules are designed to reduce fatigue-related accidents, which are one of the leading causes of serious and fatal semi-truck crashes.
Here are the key HOS rules for property-carrying truck drivers:
- 11-hour driving limit: A driver may drive up to 11 hours after taking at least 10 consecutive hours off duty.
- 14-hour work window: Drivers cannot drive beyond 14 consecutive hours after coming on duty, even if they take breaks during that time.
- 30-minute break rule: After 8 cumulative hours of driving, a driver must take at least a 30-minute break before continuing.
- 60/70-hour weekly limit: Drivers may not drive after 60 hours on duty in 7 consecutive days or 70 hours in 8 consecutive days, depending on the employer’s schedule.
- 34-hour restart: Drivers can reset their weekly hours by taking at least 34 consecutive hours off duty.
Drivers are required to track their hours using electronic logging devices (ELDs), which automatically record driving time.
Violations of these rules, such as driving beyond legal limits or falsifying logs, can be crucial evidence in truck accident cases, especially when fatigue is suspected to have contributed to a crash.
Types of Wrongful Death Damages in Colorado
Families pursuing a wrongful death claim may be entitled to several types of compensation.
Economic Damages
These are measurable financial losses, including:
- Lost income and future earnings
- Medical expenses before death
- Funeral and burial costs
Non-Economic Damages
These address emotional and relational losses, such as:
- Loss of companionship
- Emotional suffering
- Loss of guidance and support
Steps in Filing a Wrongful Death Claim
Understanding the process of filing wrongful death claims can help families feel better prepared.
- Investigation. Your attorney will collect evidence, gather accident reports, review trucking company records, and analyze FMCSA compliance.
- Identifying Liability. Your attorney will identify liable parties and evaluate evidence of negligence.
- Filing the Claim. Your attorney will prepare and file the necessary legal documents for a wrongful death claim.
- Negotiation or Litigation. Your attorney will seek a fair settlement agreement through negotiations. If the other side refuses to make a reasonable offer, The Bussey Law Firm, P.C. is always prepared to take your case to trial
Speak With a Trusted Colorado Springs Wrongful Death Attorney
If your family has lost a loved one in a fatal semi-truck accident, The Bussey Law Firm, P.C. is here to help you pursue justice and accountability. We will guide you through the process of filing a wrongful death claim, explain your rights under Colorado law, and help you pursue the compensation your family deserves.
Colorado Super Lawyers has recognized Timothy Bussey based on peer reviews and independent research. He also received the Martindale-Hubbell Gold Client Champion Award.
Call (719) 475-2555 to schedule a free consultation today.
Semi-Truck Accident Wrongful Death Claim FAQs
What damages are available in a wrongful death truck accident case?
Families may recover both economic and non-economic damages. This can include lost income, funeral expenses, and compensation for loss of companionship and emotional suffering.
Who can be held liable in a fatal semi-truck accident?
Liability may extend beyond just the truck driver. Trucking companies, maintenance providers, cargo loaders, and even manufacturers of faulty vehicle components may be responsible depending on the circumstances. Identifying all liable parties is key to building a strong case.
What role do federal trucking regulations play in these cases?
Federal regulations, such as hours-of-service (HOS) rules and maintenance requirements, can help establish whether negligence occurred. Violations of these rules may serve as important evidence in a wrongful death claim involving a semi-truck accident.
Do all wrongful death claims involving truck accidents go to court?
Not necessarily. Many cases are resolved through settlement negotiations with insurance companies. However, if a fair resolution cannot be reached, filing a lawsuit and taking the case to trial may be necessary to pursue full compensation.
