A 47-year-old Boulder resident is facing criminal charges of careless driving associated with a fatal truck accident that occurred nearly two years ago. While the outcome of this criminal case could result in the defendant being sentenced to up to one year in jail if he is convicted, a guilty verdict would pave the way for the victim’s family to file a truck accident civil lawsuit and likely win a settlement to compensate them for their losses and suffering. However, even if a guilty verdict is not handed down in the criminal case, the evidence brought forth by the prosecutor can build a strong foundation for the victim’s family to win a personal injury lawsuit against the allegedly negligent truck driver.
According to court documents, the truck driver had been driving a dump truck filled with construction equipment and was moving at about 20 mph when he got into a head-on collision with a bicyclist who was riding at approximately 25 to 35 mph (the speed limit on the roadway is 35 mph). Although law enforcement officials have determined that intoxication and aggressive driving did not play a role in causing the fatal truck accident, investigators have found evidence to suggest that careless driving on the part of the truck driver did play a role in the 73-year-old victim’s death. Careless driving is legally defined as “failing to observe due care to all attendant circumstances.”
Specifically, investigators have reported that the truck driver should have been driving at least 5 mph slower than he had been due to the road conditions and the fact that the truck was fully loaded; tragically, some experts who have reviewed the evidence in this case have found that, if the truck driver had been driving at about 15 mph on that fateful day, he would have been able to stop the vehicle before hitting the bicyclist head-on. Fatal truck accidents such as this one highlight the fact that heavy trucks only have to be going at minimal speeds in order to cause severe damage to bicycles, pedestrians and even drivers of passenger vehicles.
Families who have lost a loved one to a fatal truck accident, as well as victims of truck accidents, are encouraged to learn more about their legal rights by consulting with the esteemed personal injury lawyers at the Law Office of Mike Hulen, PC. Our skilled legal professionals are proficient at evaluating truck accident cases, and we are dedicated to aggressively standing up for victims’ rights. For a free, no obligations initial consult, call us at (303) 932-8666.