Broken-Down Semi-Trucks Pose Serious Risks for Drivers

Semi-trucks can do catastrophic damage if the driver goes too fast, loses control on one of Colorado’s mountain roads, or allows themselves to get distracted. These dangers are well-known. What many road users may not realize, however, is that broken-down semi-trucks also pose serious risks for drivers: even trucks that are standing still can cause severe accidents if proper precautions are not taken.

The truck accident lawyers at Cook, Bradford & Levy, LLC, can determine if the truck driver’s negligence caused your accident and how to pursue the damages you deserve. Call (303) 543-1000 now for a free consultation with either Brian Bradford or Jason Levy, our experienced attorneys. If you are unable to travel due to your injuries, or if you are located in a different state, we can come to you anywhere in Colorado or arrange a video meeting.

What Are Semi-Trucks Supposed To Do if They Break Down?

A big truck might break down for any number of reasons, including mechanical error, poor truck maintenance, or a collision with an object in the road. Such issues might prompt the driver to pull over, or they might end up breaking down in the middle of the road.

Sometimes, a driver will pull over even if the truck is still functioning: for example, they may want to take an urgent phone call, or they may want to avoid driving in bad weather conditions that can cause trucks to lose control, as happened to a semi-truck in Colorado Springs in August 2025.

Pulling over is often a responsible choice, but the truck driver must follow certain procedures to ensure they do not become a “sitting duck.” CBL’s Colorado truck crash lawyers understand from experience that where a truck (and its trailer) is located on the roadway when it runs into difficulties determines what the truck-driver should do to keep traffic around it safe. Human Factors – the science focusing on the interplay between the human ability to recognize and react to certain stimuli – is the basis for keeping drivers safe after a truck becomes inoperable or otherwise needs to pull over. Our attorneys work with Human Factors experts across the country to establish the rules for what a truck driver should have done after it stops on the side of the highway, and we use these experts to help build our clients’ cases and prove liability when a “sitting duck” situation arises.

What Is a “Sitting Duck” in the Context of a Tractor-Trailer?

In terms of truck accidents, an experienced truck accident attorney understands that the phrase “sitting duck” refers to a truck that is parked either at the roadside or in the middle of traffic. A sitting duck makes a dangerously large target for oncoming vehicles, and both truck drivers and other road users are at risk of catastrophic or fatal injuries.

How Can a Truck Driver Prevent Their Vehicle From Becoming a Sitting Duck?

Truck-drivers must follow the Federal Motor Carrier Safety Regulations (FMCSRs), which outline exactly what to do if a tractor-trailer breaks down on the highway. Generally speaking, however, here are the first six things a driver should do if their truck breaks down:

1. Pull over. If there is no safe, off-road place to stop, the truck should be as far onto the shoulder as possible.
2. Turn on hazard lights. Federal Motor Carrier Safety Administration (FMCSA) regulations require stopped commercial vehicle drivers to “immediately activate” hazard lights to alert oncoming drivers.
3. Place warning devices. FMCSA also provides guidance on where to place warning flares or other devices around the vehicle.
4. ONLY after traffic has been notified or warned of the breakdown – Call for Help. The driver should call 911 if there have been injuries and/or property damage, or if there is a clear danger (e.g., flammable material has spilled from the truck). Otherwise, they can call a towing service, their dispatcher, or someone else as appropriate.
5. Increase visibility. They should make the truck as noticeable as possible, perhaps by raising the truck’s hood to indicate they are having mechanical issues.
6. Move away from the vehicle. The Colorado Department of Transportation (CODOT) reports that more than 350 people are killed every year while standing by a vehicle parked by the roadside, so the driver should get as far from the truck as they safely can.

It is vital to take these precautions, no matter where or when a truck breaks down for several reasons, some of which include:

• At night, stopped vehicles are harder to see, making visibility crucial;
• In heavy traffic conditions, there is a risk of a multi-vehicle crash if just one vehicle does not see the stopped truck;
• In rural areas, such as Park County or along much of Colorado Highway 285, emergency services may not be as readily accessible, making accidents even more dangerous; and
• Bad weather can mean it takes oncoming traffic longer to slow down or otherwise react to the “sitting duck” hazard.

How Can Other Drivers Protect Themselves Against Sitting Duck Accidents?

Truck accidents are all too common: in 2023, although not were all “sitting duck” cases, there were 6,810 traffic accidents involving medium and heavy trucks in Colorado. These accidents often involved an act of negligence, such as not paying attention or lane violations, indicating that many trucking accidents are preventable.

You can help protect yourself against 18-wheeler accidents by:

• Remaining alert for sitting ducks, especially in poor visibility conditions;
• Giving a wide berth to trucks parked at the side of the road;
• Slowing down if you notice a truck parked on the shoulder or blocking traffic;
• Purchasing sensors designed to alert drivers to sitting ducks; and
• Avoiding being on your phone while driving

If these measures are not enough to prevent a collision with a broken-down big rig and you or a loved one was injured in a crash, call Cook, Bradford & Levy, LLC, at (303) 543-1000. We can determine if the truck driver followed proper protocol when pulling over, why their truck broke down in the first place, and how to fight for the compensation you deserve.

What Is the Average Truck Accident Settlement?

Your settlement depends on factors like how serious your injuries are, how long it takes you to recover (and if you are ever able to recover in full), and any applicable damage caps. In very severe cases, such as a truck injury claim we settled in Cheyenne County, your case could be worth millions. Unfortunately, however, large truck settlements and verdicts generally mean that the victim was catastrophically injured like losing a limb, suffering a massive head injury, getting paralyzed to some degree, or even death.

We can determine which of the following damages you may qualify for based on the details of your case:

• Pain and suffering
• Emotional distress
• Reduced quality of life
• Loss of independence
• Loss of consortium
• Disability
• Scarring and disfigurement
• Medical expenses
• Property damage
• Loss of wages
• Loss of job benefits
• Reduced earning capacity

Our experienced Colorado truck accident attorneys always work closely with each client so we thoroughly understand the effect this accident has had—and will have—on your daily life, whether that means missed work at a Boulder-based tech company, difficulty running a family farm on the Eastern Plains, or no longer being able to enjoy outdoor activities like skiing, cycling, or hiking in Summit County.

What Does a Personal Injury Lawyer Do?

At Cook, Bradford & Levy, our firm’s mission is to provide full-service legal representation so that clients can focus on recovery while we focus on justice. For victims of broken-down semi-truck accidents, our services include:

Comprehensive Investigation

We gather police reports, CDOT data, trucking company maintenance logs, dashcam or surveillance video, and witness testimony. In Colorado, weather and road conditions often play a role in truck crashes, so we may also consult accident reconstruction experts to examine skid marks, brake conditions, or incline grade.

Negotiation With Insurance Companies

Trucking companies and their insurers are often quick to downplay their responsibility. Our lawyers know the tactics they use, and we negotiate aggressively to secure fair compensation. We have recovered millions in settlements for Colorado clients injured by negligent truck drivers, including one Boulder County settlement worth $1,330,000.

Courtroom Representation

We are always ready to bring your case before a judge or jury. We have represented clients in district courts across the state, so we can determine which court has jurisdiction over your case and how to build a casefile that local judges and juries will find compelling.

Why Does Local Knowledge Matter in Colorado Truck Accident Cases?

Truck accident cases are complicated enough, but in Colorado, they carry an additional layer of complexity because of our geography and road conditions. Drivers who live here know that our local roads are nothing like driving on flat interstates elsewhere in the United States. Roads like the following can be especially hazardous:

• I-70 through the Rockies: This stretch is notorious for steep grades, sudden weather changes, and heavy tourist traffic.
• U.S. 285 between Denver and Fairplay: Rural highways like this one have limited lighting, sharp curves, and infrequent law enforcement presence, making broken-down semis even harder to detect until it is too late.
• I-25 corridor: Running north-south through Denver, Colorado Springs, and Pueblo, this highway carries immense daily traffic.
• Mountain passes at Loveland, Monarch, Hoosier and Wolf Creek: Trucks often strain under heavy loads while climbing or descending these passes and have no safe place to go if they break down.

Through years of experience, CBL lawyers Brian Bradford and Jason Levy know where truck accidents occur most frequently across the state and the human factors that can increase the risk of a crash. For example:

• CDOT data reveals that, in 2023, Denver County saw the most medium and large truck crashes (839), followed by Adams (746), Weld (565), and El Paso (508).
• These accidents resulted in 20 DUI charges, and 61 others were suspected to involve alcohol or another drug.
• Trucking accidents occurred throughout the year, but winter saw the highest number of crashes (1,952)—unsurprising, given the heavy snows, winds, and fog that make wintertime driving in Colorado especially dangerous.

At Cook, Bradford & Levy, LLC, our attorneys bring decades of experience handling accident cases across Colorado. We understand not only the legal framework but also the unique hazards our roads present. Whether your collision occurred in a high-traffic corridor like I-25 through Denver and Colorado Springs, or on a rural two-lane highway in Weld, Mesa, or Pueblo County, our deep local knowledge can make a difference in your case.

How Do We Prove Negligence in a Truck Accident Case?

To win compensation, it is not enough to show that a truck was broken down. We must prove negligence. Our legal team builds our clients’ liability cases by asking questions such as:

• Did the driver fail to place reflective triangles or flares as required by FMCSA regulations?
• Was the truck parked too close to an active traffic lane?
• Did poor vehicle maintenance—such as failing brakes or worn tires—contribute to the breakdown?
• Did the trucking company push the driver to continue operating an unsafe vehicle in violation of federal and state safety laws?
• Were road conditions or improper loading of cargo a factor?

In Colorado courts, establishing negligence often requires blending legal arguments with technical knowledge. Fortunately, the burden of proof is simply is it “more likely than not” that a truck driver or trucking company was negligent. Our firm collaborates with mechanical engineers, accident reconstructionists, trucking experts and medical professionals to strengthen your claim.

What Laws Could Affect My Semi-Truck Accident Case?

Any number of state and federal laws could have an impact on your case. For example, like most states, CDOT places numerous rules and restrictions on the size, weight, and operation of big trucks. Our attorneys can review each of these regulations to figure out who is liable for your crash and which specific laws were violated.

What Is the Statute of Limitations for Truck Accident Lawsuits in Colorado?

Most truck accident claims come with a three-year deadline to either settle or file your claim in court, according to CO. Rev. Stat. § 13-80-101. However, there are some situations that could lengthen or even shorten the time limits in your case. It is better to get legal advice as soon as you can after an accident so you do not risk losing the right to pursue damages.

What Is Colorado’s Comparative Negligence Rule?

Comparative negligence means that more than one party may be liable for a crash. For example, a truck driver may have failed to place flares around their truck, but the driver that crashed into them might still have noticed the broken-down truck if they had been paying attention to the road instead of texting.

In this case, under CO. Rev. Stat. § 13-21-111, the texting driver might still be able to recover compensation, but only if their share of negligence is less than the driver’s. In short, as long as a party’s share of fault does not exceed 49 percent of the total, they can still receive damages. Their payout will be reduced according to their percentage of fault, however. Unfortunately, if it is determined that both parties were 50% at-fault, the victim (as it were) will be unable to make any recovery.

Thankfully, it is up to a jury to assign each party a percentage of fault. Our legal team can work hard to persuade them that you were not at fault at all or that your percentage of fault was minimal.

Should You Hire a Lawyer After a Truck Accident?

Hiring an experienced Colorado truck crash lawyer offers many benefits, including being able to focus on healing while you put your case in the hands of knowledgeable, committed legal representatives who have your best interests in mind.

Call Cook, Bradford & Levy, LLC, today at (303) 543-1000 today for a free, confidential consultation. Our legal team can investigate your broken-down semi-truck accident and come up with the right legal strategy to protect your rights.

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