Truck accidents are among the most devastating collisions on Colorado roads. When an 80,000-pound commercial vehicle collides with a passenger car, the results are often catastrophic. Tragically, many of these crashes end in fatalities, leaving families to face unimaginable grief and financial uncertainty. During this difficult time, it is important for surviving family members to understand their legal rights and how they may be able to recover compensation after losing a loved one in a fatal truck accident.

Understanding Wrongful Death Claims in Colorado

In Colorado, when someone’s negligence causes another person’s death, surviving family members may file a wrongful death claim. This type of claim allows the family to seek financial compensation for the losses they have suffered because of their loved one’s death. In truck accident cases, this often involves proving that a truck driver, trucking company, or another party acted negligently or violated safety regulations, leading to the crash.

Examples of negligence in fatal truck accidents include driver fatigue, distracted driving, excessive speed, improper loading, or failure to maintain the truck properly. Trucking companies can also be held liable for negligent hiring, poor supervision, or violations of federal trucking regulations. A successful wrongful death claim can hold these parties accountable while helping families rebuild financially after a life-changing loss.

When families need guidance navigating the legal process after a truck-related tragedy, our experienced Denver truck accident attorneys can help determine who is responsible and pursue the maximum compensation available under Colorado law.

Who Can File a Wrongful Death Claim in Colorado?

Colorado law sets specific rules for who can bring a wrongful death claim and when. During the first year after a person’s death, only the surviving spouse has the legal right to file. In the second year, the spouse and surviving children may both bring a claim, either jointly or separately. If there is no spouse or child, the deceased person’s parents can file the wrongful death action.

This law is designed to ensure that the individuals most directly affected by the loss are the ones who seek justice. However, navigating these legal timeframes can be confusing, especially while grieving. Working with a knowledgeable attorney ensures that the claim is filed correctly and within the state’s statute of limitations, which is generally two years from the date of death.

In some cases, a separate type of claim known as a survival action may also be available. This claim allows the deceased person’s estate to recover damages the individual would have been entitled to if they had survived, such as medical expenses and pain and suffering experienced before death. Both types of claims can be pursued together in certain situations.

Types of Compensation Available to Families

While no amount of money can ever replace a loved one, compensation can help ease the financial burden that often follows a fatal accident. In a wrongful death case, families may be able to recover damages for both economic and non-economic losses, including:

• Loss of financial support: Compensation for the income the deceased would have provided to their family.
• Funeral and burial expenses: Reimbursement for the costs of laying a loved one to rest.
• Loss of companionship and emotional support: Recognition of the emotional suffering caused by losing a spouse, parent, or child.
• Medical expenses prior to death: Coverage for any treatment received before the person passed away.
• Loss of household services: Compensation for the everyday contributions the deceased provided, such as childcare, home maintenance, and caregiving.

In some cases, families may also be awarded punitive damages if the defendant’s actions were especially reckless or intentional. These damages are meant to punish wrongdoing and discourage similar behavior in the future.

Proving Liability in a Fatal Truck Accident

Truck accident cases often involve multiple parties and complex evidence. Proving liability requires a detailed investigation into the cause of the crash, as well as compliance with both state and federal trucking regulations. Attorneys who handle these cases frequently work with accident reconstruction experts, engineers, and investigators to gather and interpret key evidence.

Common sources of evidence in fatal truck accident claims include:

• Black box data (event data recorders) showing vehicle speed, braking, and driver behavior before impact.
• Driver logs and GPS data that reveal hours of service or potential fatigue violations.
• Maintenance and inspection reports documenting the truck’s condition prior to the crash.
• Company records that demonstrate hiring practices, training, and safety policies.
• Eyewitness statements, surveillance footage, and law enforcement reports.

Gathering this evidence quickly is critical, as trucking companies and insurers often move fast to protect their own interests. Having an attorney on your side from the beginning ensures that crucial evidence is preserved and used effectively to build your case.

Support for Families Seeking Justice After a Truck Accident

Losing a loved one in a truck accident is an unimaginable tragedy. The grief, confusion, and financial strain that follow can make it difficult to know where to turn. At Bell & Pollock, we understand how devastating these cases are for families, and we are committed to helping you seek justice and accountability. Our legal team will handle every aspect of your case so you can focus on healing and honoring your loved one’s memory.

If you have lost a family member in a truck accident, do not wait to learn about your rights. Our attorneys can explain the wrongful death process, investigate the cause of the crash, and pursue full and fair compensation on your behalf. Contact us today to speak with a compassionate attorney who will fight for your family and your future.