Colorado sees a lot of commercial truck traffic as cargo is moved from south to north and east to west across the state. Highways such as the I-25, or I-70 are very busy. But what happens if a truck driver gets in an accident? When truck accidents occur, they can be devastating. Due to their size and weight, commercial trucks typically cause more catastrophic damage in a collision, than a standard accident. When the truck driver at fault for the crash doesn’t have insurance, it adds a major legal complication. You’ll want the assistance of an experienced truck accident lawyer when facing this issue to know how best to respond.
Colorado Law on Insurance for Truck Drivers
According to Colorado law, all drivers are required to carry minimum liability insurance. For personal vehicles, this is typically:
- $25,000 for bodily injury per person
- $50,000 per accident
- $15,000 for property damage
However, commercial truck drivers are expected to follow further federal regulations, especially if drivers go across state lines with their cargo. The Federal Motor Carrier Safety Administration (FMCSA) mandates that commercial trucks carry between $750,000 and $5,000,000 in liability coverage, depending on the type of cargo transported, so that they will be adequately covered in the event of an accident.
Operating a commercial truck without proper insurance in Colorado is not just a civil violation it is considered a criminal offense and it can trigger penalties that will lead to any of the following:
- Suspension of the Commercial Driver’s License (CDL)
- Fines
- Disqualification from operating a commercial vehicle
- Loss of employment
Liability After an Uninsured Truck Accident
When a truck driver causes a crash without insurance, the first question is: Who is legally responsible? In Colorado, employers can be held liable for the actions of their employees if the accident occurred within the scope of employment.
There are generally three scenarios:
- The driver is an employee of a trucking company – The company may still be liable, especially if it failed to verify that the driver had proper insurance or allowed a known uninsured driver to operate a truck.
- The driver is an independent contractor – This becomes trickier. Trucking companies often argue that independent contractors are not employees, and therefore the company isn’t liable. However, with skilled legal advocacy, it may be possible to show that the company exercised enough control over the driver to be held responsible.
- The driver is an owner-operator with no affiliation – In this case, the driver may be personally liable, and victims may have to sue them directly.
Options for Compensation in Colorado With an Uninsured Truck Driver
Even if the at-fault truck driver is uninsured, Colorado victims still have some options available to help go after compensation when they have been seriously injured in an accident. Here are several possible paths to pursue compensation:
1. Employer Liability
If the driver worked for a company, a lawyer can investigate whether the employer can be held responsible. Employers in Colorado must ensure that their drivers are qualified and properly insured. Failure to do so may constitute negligence.
2. Uninsured/Underinsured Motorist Coverage (UM/UIM)
Colorado law requires insurers to offer UM/UIM coverage, though policyholders can waive it in writing. If you carry UM/UIM, you can file a claim with your own insurance company, which can cover medical bills, lost wages, and more, even if the at-fault driver has no insurance.
3. Personal Injury Lawsuit Against the Driver
If the truck driver has assets or other income, a civil lawsuit may allow you to recover damages directly. This route can be lengthy, and collecting on a judgment may be difficult if the driver is insolvent, but it remains a legal option.
4. Third-Party Liability
Sometimes, other parties are partially responsible for the accident, for example a vehicle manufacturer, maintenance company, or even the government if poorly maintained roads have contributed to the accident. In these cases, a skilled attorney is needed to help identify these additional defendants.
Legal Penalties for the Truck Driver
If a truck driver is caught operating without insurance in Colorado, they could face class 1 misdemeanor charges as well as:
- Points on their license (12 points results in license suspension)
- Fines up to $1,000
- Court-ordered restitution
- Up to 40 hours of community service
- Civil lawsuits
- Loss of commercial employment opportunities
Colorado courts tend to take commercial vehicle violations very seriously, especially when public safety is jeopardized.
Why You Need a Lawyer for Uninsured Truck Driver Accidents
Truck accidents involving uninsured drivers are complex. You’re not just dealing with a simple auto claim, your case will involve federal and state transportation laws, as well as digging deeper into the employer-employee relationship between the driver and the company he or she works for. A knowledgeable Colorado truck accident attorney can help to investigate the circumstances of the accident, including identifying all liable parties. They will also work to maximize your claim by looking for options like UM/UIM coverage and negotiating with the driver’s employer’s insurance company.
Contact a Lawyer When You’ve Been in an Uninsured Truck Driver Accident
An uninsured truck driver causes more than just physical damage, they can cause financial uncertainty and stress for accident victims. But in Colorado, you don’t have to face the fallout alone. With the help of an experienced truck accident lawyer, you can explore all avenues for compensation and hold the responsible parties accountable even if they are not insured.
If you’ve been in an accident with a truck driver who lacks insurance, contact a Colorado personal injury attorney as soon as possible. Swift legal action gives you the best chance at recovering compensation for the costs related to your truck accident.
