Landscape Truck Accidents in Colorado

During the summer, it is common to see landscape trucks parked along the side of the road or transporting trailers filled with lawn care equipment around the community. The presence of so many of these vehicles can increase the risk of landscape truck accidents in Colorado and the devastating injuries that such crashes often cause.

Call Cook, Bradford & Levy, LLC, at (303) 543-1000 today. We offer free consultations to all callers and our lawyers will work closely with you to provide the personalized service your case deserves.

What Are the Leading Causes of Truck Accidents in Colorado?

As with other kinds of motor vehicle collisions, landscape truck crashes are too often the result of negligence. Colorado Department of Transportation (CDOT) data shows that, as of 2023, accidents involving pick-up trucks and utility vans with and without trailers—the type of vehicle often used for landscaping—were involved in 42,981 crashes throughout the state. This number includes:

• Over 6,000 instances of careless driving. Drivers may become careless if they are tired or overworked or in a hurry to get from one job to the next.
• Over 3,000 accidents where a driver did not see the other vehicle. Failure to see a landscape truck could happen if the truck was parked in an awkward place, such as right around a corner obscured by trees or bushes, where another driver could not see it until it was too late.
• Over 700 cases where someone ended up being charged with a DUI, and hundreds more where use of another drug, such as marijuana, was suspected. Drugs and alcohol can impair a driver’s ability to notice and avoid danger in a timely manner.

If you were injured in a truck accident, it is time to call our personal injury lawyers. No matter where your accident occurred or where in Colorado you live, our legal team can:

• Come to visit you at home or in the hospital
• Identify the liable parties and insurance companies
• Represent you in whichever county or district court has jurisdiction over your case
• Collect evidence by visiting the accident scene, contacting the local police or the Colorado State Patrol (CSP), and interviewing experts and witnesses

Call Cook, Bradford & Levy, LLC, at (303) 543-1000 to find out more. We will charge you nothing until you get damages, so there is no financial risk involved in retaining our services.

How Much Are Most Truck Accident Settlements?

Settlement amounts depend on the victim’s financial, physical, and emotional losses. Damages that we commonly pursue for truck accident victims include:

• Medical expenses
• Property damage
• Loss of wages
• Pain and suffering
• Reduced quality of life
• Disability

As a general rule, the more serious your injuries, the more money you could be entitled to recover for losses. For example, someone who suffered a severe traumatic brain injury and required extensive treatment at one of Colorado’s trauma centers may recover more compensation than someone who suffered a moderate concussion and was quickly discharged from the hospital. A big factor in how much you recover depends on the size of the insurance policy at issue. From experience we know that landscaping companies generally carry commercial insurance policies which are much larger than personal auto insurance policies.

No matter what your case is worth, you can only file a lawsuit for damages if you file your case within the applicable statute of limitations. In motor vehicle accident cases, CO. Rev. Stat. § 13-80-101, which gives you three years to file your case, usually applies, but there may be exceptions that make your deadline longer or shorter. For example, when a governmental entity is involved the statute of limitations is 6 months to file a notice of claim.

Who Is Liable for a Landscape Truck Accident?

In most cases, as discussed above, a negligent driver is responsible for an accident. However, the fact that the driver in your case was working for a landscaping company at the time of the crash could complicate matters. For example:

• Even if the driver was negligent, you could still file a claim against the company’s commercial insurance policy. Commercial policies may have higher limits than those required by Colorado’s auto insurance requirements, allowing you to recover more compensation.
• Both the driver and the landscaping company could have been negligent. For instance, companies sometimes neglect to ensure their drivers are qualified to operate certain types of vehicles. It can be difficult to “untangle” where one party’s negligence ends and another’s begins, but our law firm can do so for you.

Some accidents involve liable parties that were not directly involved in the accident. This could be the situation in your case if:

• Either your vehicle or the landscape truck had a defective part that caused it to malfunction.
• The road you were driving on was poorly maintained. The city or county is responsible for maintenance of local roads, while highways like I-70 and I-25 are typically CDOT’s responsibility.
• There was a third vehicle involved that caused the accident by, for instance, swerving into the truck’s path, causing the truck driver to swerve and hit you.

Finally, there are cases with multiple liable parties, which would require you to file multiple legal actions. The attorneys at Cook, Bradford & Levy, LLC, can investigate carefully to figure out what happened in your case and who owes you compensation.

Can I Get Compensation if I Contributed to a Truck Accident?

Yes, you can still potentially recover compensation even if you were partially at fault for the accident. However, the amount of compensation you receive will be affected by the state’s comparative negligence laws.

According to CO. Rev. Stat. § 13-21-11, you can recover damages in a personal injury lawsuit as long as your own negligence is determined to be less than or equal to 50 percent of the total fault for the accident. Here is how it works:

• If a jury determines that you were, for example, 20 percent at fault for the accident, and the total damages are assessed at $100,000, you would be eligible to recover $80,000 (the total damages reduced by your percentage of fault).
• However, if your negligence is found to be 50 percent or greater, you would be barred from recovering any compensation. You would recover zero.

This system underscores the critical importance of accurately determining liability for a landscape truck accident. Insurance companies may attempt to unfairly assign a significant portion of the blame to you to reduce or deny your claim. At Cook, Bradford & Levy, LLC, we have never worked for an insurance company and never will. It is our job to protect you from their tactics. We will help determine if and how the landscaping company was at fault given the circumstances of your case.

Our lawyers can gather evidence that demonstrates the liable party’s negligence. By meticulously building a strong case that clearly establishes the fault of other parties, our legal team can preserve your right to fair compensation.

What Makes Landscape Truck Crashes So Dangerous?

While any motor vehicle accident can result in serious injuries, crashes involving landscape trucks in Colorado often carry unique risks that can amplify the potential for devastating consequences. Several factors contribute to this increased danger:

Trailers and Heavy Equipment

Many landscape trucks use trailers to transport heavy equipment. This adds considerable weight and length to the vehicle, directly affecting how truck drivers must operate and increasing the severity of collisions due to:

• Increased Stopping Distance: According to the Federal Motor Carrier Safety Administration (FMCSA), safe stopping distance depends on the length of the vehicle and how fast it is going. Longer vehicles and higher speeds require greater stopping distance.
• Maneuverability Challenges: Navigating with a trailer, particularly in tight residential areas or on winding Colorado roads, can be challenging. Turns become wider, and backing up requires significant skill and awareness. Improper maneuvering can lead to collisions with other vehicles, pedestrians, or property.
• Trailer Sway: Trailers are susceptible to swaying, especially at higher speeds or during sudden changes in direction. In severe cases, this can lead to a complete loss of control.
• Unsecured Loads: Landscape trailers often carry mowers, trimmers, tools, and materials like mulch or gravel. If these loads are not properly secured according to the regulations described by CSP, they can shift during transit or even fall off the trailer entirely. This poses a hazard to other vehicles and can cause direct impact injuries.

Colorado’s Roads

Colorado’s diverse and often challenging road conditions can further exacerbate the dangers associated with landscape trucks:

• Mountainous Terrain: Many areas of Colorado feature steep inclines, declines, and sharp curves. Navigating these roads with a heavy truck and trailer requires caution. Brake failure due to overheating on long descents or loss of control on tight curves are serious risks.
• Variable Weather Conditions: Colorado is known for its unpredictable weather. In summer, heavy winds and dust storms can reduce traction and visibility, making it even more difficult to maintain control of a vehicle.
• Seasonal Traffic: During peak landscaping seasons, there is a higher volume of landscape trucks on the road, increasing the potential for accidents. Additionally, tourist traffic in certain areas can create unpredictable driving conditions.
• Road Construction: Summertime road construction can lead to lane closures, uneven surfaces, and unexpected stops, all of which pose additional challenges for drivers operating large vehicles with trailers.

Driver Qualifications for Hauling Trailers

Operating a commercial vehicle, especially one towing a trailer, requires specific skills, knowledge, and sometimes a special driver’s license. However, not all drivers operating landscape trucks, particularly those working for smaller companies or doing seasonal work, possess the necessary qualifications or experience for safely hauling trailers:

• Lack of Proper Training: Drivers without adequate training may not be familiar with techniques for safely towing and maneuvering a trailer, leading to errors in judgment and increased accident risk.
• Ignoring Regulations: Some landscaping companies or individual operators may not fully comply with federal and Colorado regulations, further increasing the risk of accidents.

The combination of heavy vehicles and trailers, Colorado’s demanding road conditions, and the potential presence of unqualified drivers creates a heightened risk of severe accidents involving landscape trucks. Understanding these factors is crucial for both preventing these crashes and for recovering compensation after a crash occurs.

Our attorneys understand how truck accidents happen in Colorado and are ready to pursue the compensation you deserve based on the facts of your case.

What Should You Do After a Truck Accident?

After a trucking accident, your first concern should be your safety. Get out of the flow of traffic if you can, and call 911 to bring help to your location. This help might include CSP, a local law enforcement agency, local fire and rescue, and an ambulance. CO. Rev. Stat. § 42-4-1606 requires that all injury accidents be reported to the authorities.

Always get medical attention as soon as possible. This could mean a trip to the emergency room or a prompt appointment with your regular provider.

Other steps you can take to protect yourself and your rights include:

• Getting the name and insurance information of the landscape truck driver
• Taking photos of the damage to each vehicle, your injuries, and the place where the accident occurred
• Asking for the names and contact information of any witnesses so your attorney can locate them later on
• Replying to the police’s questions honestly but succinctly, refraining from speculation, apologizing, or admitting fault

Cook, Bradford, & Levy, LLC, understands your family is under a great deal of stress and that taking legal action, no matter how justified, might be the last thing on your mind. Let us manage your case so you can take all of the time you need to heal from your landscape truck accident.

What Are Your Rights After a Truck Accident?

At Cook, Bradford & Levy, LLC, we urge you to act fast following an accident with a landscape truck so that evidence does not disappear and you do not miss any legal deadlines. Call (303) 543-1000 for a free consultation today. We are committed to “leveling the playing field” so accident victims like you can recover compensation from big insurers.