How Colorado Regulates Trucking Companies After Fatal Accidents
A fatal truck crash is one of the most devastating events that can occur on Colorado’s roads. These collisions trigger complex investigations involving state and federal regulators, and they raise serious questions about who should be held accountable.
At The Bussey Law Firm, P.C., we’ve seen how tragic the aftermath of these events can be for grieving families. If your loved one was killed in a trucking accident, it’s natural to focus on the driver. But the truth is that liability often extends much further.
In many cases, the trucking company bears significant legal responsibility for bad decisions they have made, such as negligent hiring, inadequate driver training, safety violations, or failure to follow industry standards.
What Happens After a Fatal Truck Accident in Colorado?
When a fatal trucking accident occurs—whether on I-25, I-70, or a rural highway—Colorado authorities and federal regulators step in to investigate. The process takes many forms:
- Law enforcement responds to the crash, secures the scene, and begins an initial report.
- The Colorado State Patrol’s Motor Carrier Safety Section may investigate, especially if violations of state trucking regulations are suspected.
- The Federal Motor Carrier Safety Administration (FMCSA) may become involved if interstate commerce or federal rule violations are in question.
These investigations aim to determine whether the trucking company complied with FMCSA rules in Colorado and whether any action or inaction contributed to the fatal outcome.
FMCSA Rules and Employer Accountability
The FMCSA is the federal agency tasked with regulating commercial motor carriers, and it has strict rules regarding:
- Hours of service (HOS) limits
- Routine vehicle inspections and maintenance
- Driver background checks and qualifications
- Drug and alcohol screening programs
- Electronic logging device (ELD) requirements
- Driver fatigue prevention
When a fatal crash occurs, investigators review whether the trucking company followed these federal rules. Any violation could serve as powerful evidence in a trucking accident lawsuit, especially when a pattern of noncompliance can be shown.
For instance, if a company knew a driver had multiple HOS violations but allowed them to continue operating, that decision could constitute gross negligence.
When Are Employers Liable?
Many victims of a deadly truck collision assume the driver alone is responsible. But in reality, trucking companies are often the driving force behind the risk. Employers may be held legally accountable for several types of negligence.
Negligent Hiring
Did the company properly vet the driver’s:
- Driving history?
- Past criminal convictions?
- Substance abuse record?
- Licensing and certification status?
Failing to conduct background checks or hiring someone with a record of dangerous driving can lead to employer liability in a crash.
Inadequate Training
Commercial drivers must be trained not only in basic operation but also in:
- Emergency response
- Defensive driving
- Cargo securement
- Hazardous materials (when applicable)
A fatal crash caused by driver error may point to poor or nonexistent company training programs.
Inadequate Vehicle Maintenance
Was the truck properly maintained? Colorado and federal law require regular safety inspections. Brake failure, worn tires, or engine defects that go unchecked can be grounds for trucking company liability.
Pressuring Drivers to Break the Law
Some companies encourage or demand that drivers violate FMCSA rules to meet deadlines. This can include:
- Driving past the legal hour limits
- Skipping mandatory rest breaks
- Forging logs to conceal overtime
If a company knowingly pressures drivers into unsafe practices, that behavior can be used to establish punitive damages in a trucking accident lawsuit.
The Role of Insurance Carriers
After a fatal truck accident, insurance coverage becomes a central issue. Under federal truck insurance laws, motor carriers engaged in interstate commerce must carry a minimum of:
- $750,000 in liability coverage for most non-hazardous freight
- Up to $5 million for hazardous materials
Due to the high value of wrongful death claims, insurers often fight aggressively to minimize verdicts and settlements. That’s why it’s so important for the victim’s family to find a lawyer who knows how to hold insurers accountable. This could require an attorney to identify all policies in play, including umbrella and excess liability coverage.
An experienced attorney will also investigate whether the trucking company tried to shield its assets by creating shell companies or contracting with third-party drivers to limit legal exposure.
See a Lawyer Right Away
The hours and days following a fatal crash are critical. Trucking companies have legal teams on standby to begin their own investigations, and their goal is always to reduce or deflect liability.
Your Colorado Springs truck accident attorney will move fast to preserve essential information by sending preservation letters, initiating independent investigations, and consulting with accident reconstruction specialists and trucking experts. Without your attorney’s legal intervention, these types of crucial information could be destroyed:
- Dashcam footage
- Driver logbooks
- ELD data
- Dispatch records
- Vehicle maintenance logs
Types of Damages That Families Can Recover
In a wrongful death claim following a fatal truck accident, survivors may be entitled to recover damages for:
- Funeral and burial expenses
- Medical bills related to the final injury
- Loss of financial support
- Loss of companionship and consortium
- Emotional distress and suffering
- Punitive damages (in cases of gross negligence or regulatory violations)
Reasons to Choose The Bussey Law Firm, P.C.
Attorney Timothy Bussey is a nationally recognized trial lawyer with over 30 years of experience in high-stakes personal injury and wrongful death litigation. He has been featured on the cover of Colorado Springs Magazine. Mr. Bussey has also been honored by the Litigation Counsel of America, and he’s been awarded the Martindale-Hubbell’s Gold Client Champion Award.
Our legal team has the legal knowledge, investigative resources, and courtroom experience to take on powerful trucking companies and insurance carriers—and win.
Talk to an Experienced Colorado Springs Truck Accident Lawyer Today
If you’ve lost a loved one in a fatal truck crash in Colorado Springs, don’t face the legal system alone. The Bussey Law Firm, P.C., is ready to fight for the justice you deserve.
Call our office today at (719) 475-2555 to schedule a free consultation. You won’t pay anything unless we win your case.
