What Should I Do If I Was Hit by a Semi-Truck in Colorado? Should I Talk to the Trucking Company’s Insurance Adjuster?

At Cook, Bradford & Levy, we help injured people in Boulder County and throughout Colorado after serious crashes, including semi-truck accidents. We understand how quickly a trucking company and its insurer may begin working to protect themselves. That is one reason we believe the steps you take in the first hours, days, and weeks after a truck crash can matter.

The short answer is this: after a semi-truck crash, your first priorities should be safety, medical care, documentation, and protecting your legal rights. You should be very cautious about speaking with the trucking company’s insurance adjuster before you understand the seriousness of your injuries, the available insurance coverage, and the evidence that may exist. The adjuster may sound friendly, but that person is not your representative. Their job is to protect the insurance company’s financial interests.

First, Make Sure the Crash Is Properly Reported

If you were hit by a semi-truck and anyone is hurt, call 911. Do not let the truck driver, company representative, or anyone else talk you into handling it informally. A truck crash needs an official record. Police reports are not perfect, and they do not always capture the full story, but they can preserve important basic information, including the location of the crash, the involved vehicles, driver identities, insurance information, apparent contributing factors, witness names, and whether citations were issued.

In a serious Colorado truck crash, law enforcement may also document road conditions, skid marks, lane positions, commercial vehicle information, and statements made at the scene. That early information can become important later if the trucking company disputes liability.

Get Checked by a Medical Professional, Even If You Think You Can Tough It Out

After a semi-truck crash, adrenaline can hide pain. Some people feel soreness at the scene but assume they are lucky. Others decline an ambulance because they do not want to make a scene, worry about the cost, or believe they can wait and see. That is understandable, but it can create problems for both your health and your claim.

Truck crashes often cause injuries that do not fully reveal themselves right away. Concussions, herniated discs, shoulder injuries, ligament damage, internal injuries, nerve symptoms, and psychological trauma may worsen over time. You may feel “off” before you can explain exactly what is wrong. You may also wake up the next day with pain that was not obvious at the scene.

From a legal perspective, delayed treatment gives an insurance adjuster room to argue that you were not really hurt, that something else caused your injury, or that you made your condition worse by waiting. We do not believe injured people should be punished for trying to be tough, but we know how insurance companies often evaluate claims. Medical documentation matters.

If emergency care is needed, accept it. If you do not go to the hospital from the scene, consider prompt evaluation by a doctor, urgent care clinic, or other appropriate provider. Tell your medical providers exactly what happened, what symptoms you have, when those symptoms began, and how they affect your normal activities.

Preserve Evidence Before It Disappears

A semi-truck case often depends on evidence that is not available in a regular passenger vehicle crash. Commercial vehicles may have electronic control modules, GPS data, electronic logging device records, dispatch communications, inspection reports, maintenance records, driver qualification files, cargo documents, dash camera footage, inward-facing camera footage, and company safety records.

Some evidence is held by the trucking company. Some may be held by a broker, shipper, maintenance contractor, cargo loader, owner-operator, or third-party logistics company. Some may be overwritten or lost if action is not taken quickly.

That is one reason early legal involvement can be important. A preservation letter can demand that the trucking company preserve evidence related to the crash. Depending on the facts, that may include driver logs, hours-of-service information, cell phone records, drug and alcohol testing documentation, repair records, inspection records, and onboard data.

At Cook, Bradford & Levy, when we handle a truck accident case, we look beyond the crash report. We want to know why the crash happened. Was the driver fatigued? Was the truck speeding downhill? Was the load unsecured? Were the brakes poorly maintained? Was the driver distracted? Did the company push unrealistic delivery schedules? Did the driver have prior safety violations? Was the truck placed on the road when it should not have been?

Those questions can change the value and direction of a Colorado truck accident claim.

Should I Talk to the Trucking Company’s Insurance Adjuster?

In most serious truck accident cases, we would not recommend giving a recorded statement to the trucking company’s insurance adjuster before speaking with a lawyer. You are not required to help the trucking company’s insurance carrier build its defense against you.

An adjuster may call quickly after the crash and say they only need to “get your side of the story.” They may ask how you are feeling. They may ask whether you saw the truck before impact, how fast you were going, whether you were wearing a seat belt, whether you had prior back or neck pain, whether you missed work, and whether you are ready to settle.

These questions may sound routine. They are not harmless. A simple answer like “I’m okay” can later be used against you, even if you meant only that you were alive and trying to be polite. A guess about speed, distance, timing, or lane position can become a statement the insurer uses to challenge your credibility. A recorded statement given while you are in pain, medicated, shaken, or unsure of the facts can follow you throughout the claim.

You should be polite if an adjuster calls. You do not need to be hostile. But you can say that you are not giving a statement at this time and that future communications should go through your attorney. If you have not hired a lawyer yet, you can tell the adjuster that you are still evaluating your injuries and will not discuss the facts of the crash right now.

The Trucking Company’s Insurance Company Is Not Neutral

The trucking company’s insurer is not there to decide what is fair in an abstract sense. It is there to evaluate risk and limit exposure. In a major semi-truck crash, the insurer may assign experienced adjusters, investigators, defense attorneys, and accident reconstruction experts early.

That does not mean every adjuster is rude or dishonest. Many are professional. But even a professional adjuster works for the insurance company, not for you.

Colorado recognizes rules governing insurance conduct, including C.R.S. § 10-3-1104, which addresses unfair methods of competition and unfair or deceptive acts or practices in the business of insurance. In first-party insurance disputes, additional Colorado law may be relevant when an insurer unreasonably delays or denies benefits owed under a policy. However, the trucking company’s liability insurer usually represents the opposing side. It does not owe you the same duties your own insurer may owe you under your policy.

That distinction matters. If you are dealing with your own insurance company for medical payments coverage, uninsured motorist coverage, underinsured motorist coverage, or property damage issues, you may have contractual obligations under your policy. 

Why Semi-Truck Claims Move Differently Than Car Accident Claims

Semi-truck cases are often more complex because there may be more than one responsible party. The driver may have caused the crash, but the driver is not always the only potential defendant. The motor carrier may be responsible for hiring, training, supervision, maintenance, dispatch, or safety failures. A trailer owner, cargo loader, broker, maintenance company, parts manufacturer, or government entity may also need to be evaluated.

Colorado’s comparative negligence statute can reduce compensation if an injured person is found partially at fault. If the injured person’s negligence is as great as or greater than the negligence of the defendant, recovery can be barred. That is one reason trucking insurers may look for any argument that the injured person contributed to the crash.

Colorado also has a pro rata liability statute which can affect how fault is allocated among multiple parties. In a truck crash, that may become significant if different parties point fingers at each other. The driver may blame the loader. The motor carrier may blame a maintenance contractor. A broker may claim it had no control. A manufacturer may blame improper repair. Each party may try to reduce its own share of fault.

Our job is to identify the responsible parties, understand the available insurance, and build a case that reflects the full picture.

What You Should Avoid After a Colorado Semi-Truck Crash

After a serious crash, people often make decisions under stress. That is normal. The problem is that some decisions can hurt the claim before the injured person realizes what is happening.

You should avoid giving a recorded statement to the trucking company’s insurer before getting legal advice. You should avoid signing medical authorizations that give the opposing insurer broad access to your entire medical history. You should avoid guessing about how the crash happened if you do not know. You should avoid posting about the crash, your injuries, your activities, or your recovery on social media. You should also avoid accepting a quick settlement while you are still treating or before you understand your future medical needs.

A quick settlement may seem tempting if you are out of work, your vehicle is gone, and bills are arriving. But once a release is signed, the claim is usually over. If you later need surgery, injections, therapy, time off work, or long-term care, you may not be able to reopen the claim.

What Information Should I Collect?

If you are physically able to do so, gather information at the scene. If you cannot, ask a passenger, friend, or family member to help. Photos and videos can be especially valuable because crash scenes change quickly. Vehicles are moved. Debris is cleared. Skid marks fade. Weather changes. Witnesses leave.

Try to preserve photos of the vehicles, the truck, the trailer, license plates, company markings, DOT numbers, the roadway, traffic signs, skid marks, debris, injuries, and the surrounding area. Get names and contact information for witnesses. Save the police report number. Keep the truck driver’s information, the carrier name, and any insurance details provided at the scene.

Afterward, keep a folder with medical records, discharge instructions, bills, wage loss information, employer notes, photographs, repair estimates, rental car receipts, and letters from insurance companies. Also keep a simple record of symptoms, appointments, missed work, and activities you cannot do.

You do not need to turn your life into a legal file, but documentation helps.

The Colorado Deadline to File a Claim Matters

Colorado deadlines can be strict. For many motor vehicle accident injury claims, C.R.S. § 13-80-101 provides a three-year limitations period. Other claims may have different deadlines, and claims involving government entities can involve much shorter notice requirements under the Colorado Governmental Immunity Act.

Do not assume you have plenty of time. Truck accident cases often require investigation, expert review, insurance analysis, medical documentation, and negotiations before a lawsuit is filed. Waiting too long can make it harder to preserve evidence and locate witnesses. It can also give the trucking company a head start.

What Damages Can Be Part of a Colorado Truck Accident Claim?

A serious truck crash can affect nearly every part of life. The claim should not be limited to the emergency room bill or the first repair estimate. In Colorado, recoverable damages may include past and future medical expenses, lost wages, loss of earning capacity, physical impairment, disfigurement, pain and suffering, emotional distress, loss of enjoyment of life, and other legally recognized losses.

C.R.S. § 13-21-102.5 addresses limitations on noneconomic damages in many civil cases. The way damages caps apply can depend on the type of claim, the date the claim accrued, the injuries involved, and other legal factors. This is another reason a serious truck crash should be evaluated carefully rather than treated as a routine insurance claim.

In fatal truck crash cases, Colorado wrongful death and survival laws may apply. Those claims require a separate analysis of who may bring the claim, what damages may be available, and how the timing of the case affects the rights of surviving family members and the estate.

Speak With a Colorado Truck Accident Lawyer Before Giving a Statement

If you were hit by a semi-truck in Colorado, you do not have to navigate the trucking company’s insurance process alone. Before you give a recorded statement, sign authorizations, accept blame, or consider a settlement, it is wise to understand your rights.

The trucking company may already be protecting itself. You should be able to do the same.

Cook, Bradford & Levy offers free consultations for injured people and families. We can discuss what happened, explain what steps may come next, and help you decide whether you need representation. If we take your case, we can deal with the insurance companies so you can focus on your medical care, your family, and your recovery.

A semi-truck crash can change your life in a few seconds. The decisions made afterward can shape the rest of your claim. Before you talk to the trucking company’s insurance adjuster, talk to someone who is looking out for you.