Denver Commercial Vehicle Accident Attorney – When a Business Vehicle Causes Your Injuries

In Denver, roads can be treacherous, particularly when commercial vehicles are operated recklessly. If you have been hit by a commercial vehicle while walking, cycling, or driving, you know the impact can be devastating. Debilitating injuries require immediate attention, while victims may also expect a lifetime of accident-related expenses.

With so much in jeopardy, it is critical that anyone injured in a commercial vehicle accident in Denver work with a commercial vehicle accident attorney at Roberts Accident Law. We can help you pursue compensation from the driver and, in many circumstances, the commercial business that employed or hired them.

When a business learns its vehicle or driver is in a crash, you can bet that they call their attorneys and insurance carriers to mount a comprehensive defense and limit their liability. Commercial vehicle insurance carriers are known to ruthlessly avoid paying damages, even when faced with indisputable facts.

You need the same. You deserve a team fighting to protect you, your family, and the compensation you deserve after a commercial vehicle accident. The company has a legal team protecting its interests. You should, too. Call Steve Roberts at 720-515-7058 for a free case review.

What’s a Commercial Vehicle?

As you drive, ride, or walk through Denver, you encounter hundreds of commercial vehicles across the city.

From the FedEx or UPS trucks and Amazon delivery vans to fleet vehicles and semi-trucks carrying trailers of goods, any vehicle used to further the purposes of a business may be considered a commercial vehicle. Even rideshares such as Uber and Lyft are required to carry commercial liability insurance.

In most accidents, injured victims seek damages from the at-fault driver. In accidents involving commercial vehicles, liability may begin with the commercial driver but could involve their employer or the owner of the vehicle.

In accidents involving catastrophic injuries or uninsured or underinsured drivers, the ability to seek damages from a commercial business can be essential to meeting the needs of the critically injured. In the aftermath of a commercial vehicle accident, victims often face overwhelming personal loss and financial costs. To help ensure that victims’ needs are met, Colorado’s legal and regulatory system holds businesses operating commercial vehicles accountable.

If you’ve been injured in a commercial vehicle accident, partner with a commercial vehicle accident attorney at Roberts Accident Law. We fight for people who are hurt in accidents with commercial vehicles. We aren’t afraid to hold businesses accountable for the damage created by their drivers, their vehicles, and their own negligence.

In Denver, When is a Business Responsible for an Employee’s Accident?

If you’ve been hurt in an accident with a commercial vehicle, the driver of the vehicle and their employer may be liable.

Under the doctrine of respondeat superior, employers are held vicariously liable for the negligent acts of their employees when the employee is working within the scope of their employment. Vicarious liability effectively transfers the negligence of the driver-employee to their employer.

If you are injured in a commercial vehicle accident in Denver, you may be able to hold both the employee and their employer liable for your injuries.

What are the Other Circumstances in Which an Employer May be Responsible for an Accident Caused by Its Drivers?

In Denver and throughout Colorado, employers may be found negligent when their carelessness created the conditions that led to a commercial vehicle crash. Similarly, the owner of the commercial vehicle may be held liable when the vehicle they

Negligent Hiring, Training, or Supervision

A Colorado employer may be liable for negligent hiring or negligent supervision if they fail to properly vet, train, or supervise an employee who causes an accident while driving the employer’s commercial vehicle.

Common employer mistakes that can demonstrate negligent hiring are:

• Failure to enforce drug and alcohol testing requirements.

• Failure to review an employee’s driving record or complete other background checks.

• Ignoring a poor driving record or other problematic red flags.

• Failure to confirm required credentials, such as a commercial driver’s license.

 In negligent training cases, employers may be liable for their failure to train their driver on equipment operations, safety protocols,

In negligent supervision cases, employers may be liable for their failure to monitor driver conduct through safety logs, driving hours, and other mediums.

Negligent Entrustment

In a negligent entrustment action, a claim is made against the owner of the commercial vehicle. If a vehicle owner who knows or should have known that a driver was unfit to operate the vehicle allowed them to drive, the owner may be liable for negligent entrustment.

Negligent entrustment claims often arise when a driver with a history of DUI or other reckless driving offenses is allowed to operate a commercial vehicle, or when an inexperienced driver without proper training is allowed to operate a box truck, delivery van, or other vehicle.

At Roberts Accident Law, we know that businesses can make mistakes. We also believe that negligent businesses should be held responsible for their errors. When the negligence of a business leads to a catastrophic accident, we fight for the victims.

After a Commercial Vehicle Accident in Denver, Can a Business be Held Responsible if the Driver was Not Their Employee? 

When an accident involving a commercial vehicle happens, many businesses try to shirk responsibility by claiming that the driver was an independent contractor and not an employee.

Generally, businesses are not responsible for the negligent actions of their independent contractors. Employees are not always easily distinguishable from independent contractors. It may be necessary to investigate the terms and conditions of the driver and the business to determine if it is not.

Importantly, a business cannot avoid vicarious liability by simply calling the driver an independent contractor. The driver must operate independently with significant control over the means and manner of their work.

Even if a driver is properly classified as an independent contractor, a business may still be liable for their negligence if they hold them out as being their employees.

If you’ve been hurt in a commercial vehicle accident in Denver and fear that the business involved is trying to avoid its responsibility, Roberts Accident Law can help. We know how to investigate drivers and the businesses that hire them. By reviewing employment, financial, training, and other documents, we can help ensure that businesses are held accountable for vehicle accidents and injuries caused by drivers working on their behalf. Steve Roberts is a Denver commercial vehicle accident attorney who knows the law and how to use it to protect you and your best interests.

FMCSA Regulations

The Federal Motor Carrier Safety Administration (FMCSA) is a federal agency responsible for reducing accidents, injuries, and fatalities involving large trucks and buses. FMCSA establishes safety standards for the trucking industry, including limits on hours of service, driver qualification, vehicle maintenance, and cargo transfer.

In Denver and throughout Colorado, a violation of the FMCSA regulations creates a presumption of negligence. Also called negligence per se, such a presumption can be critical whether negotiating settlements with businesses and their insurance carriers or preparing for litigation.

At Roberts Accident Law, we understand the complexity of FMCSA regulations, and we know how to identify and document a violation. When you partner with our commercial vehicle accident attorneys, our team can act on your behalf to preserve and analyze evidence, including electronic logging devices, driver’s logs, bills of lading, and safety inspection documents. Such evidence must be identified early and must be preserved.

FMCSA regulations also establish the commercial auto and liability insurance requirements for commercial carriers operating in interstate commerce. Under FMCSA, most interstate carriers are required to have at least $750,000 of liability insurance coverage for personal injury and property damage if carrying general freight.

Colorado Department of Revenue Commercial Vehicle Registration Requirements

In Denver and throughout Colorado, commercial vehicles are required to register with the Colorado Department of Revenue. A failure to comply with Colorado’s commercial vehicle registration requirements may also be considered evidence of negligence per se.

Let Roberts Accident Law Protect You After a Commercial Vehicle Accident in Denver

At Roberts Accident Law, we know that accidents with commercial vehicles can be devastating. Victims struggle to recover and resume their lives. Their physical injuries, the stress and disruption of their lives, and property loss impact their lives and their future. Meanwhile, negligent drivers, the businesses they work for, and insurance carriers fight to avoid liability and limit their responsibility.

We work for the victims of commercial vehicle accidents, making every effort to hold the driver and the commercial businesses with whom they work accountable.

If you or a loved one has been hurt in an accident with a tractor-trailer, box truck, delivery van, or other commercial vehicle, the stakes are high. The legal and regulatory landscape is intricate. But you don’t have to navigate them alone. Roberts Accident Law can help.

Commercial vehicle cases are complex—but that’s Steve’s specialty. Call 720-515-7058. No fee unless we win.