What Happened
According to reports out of Northern Colorado, a jury recently returned a $65 million verdict in a wrongful death case tied to a preventable highway tragedy that occurred roughly four years ago. A single mother had taken a day off work to bring her 10-year-old son to a water park before the school year began. On the drive home, a commercial truck traveling in front of them was allegedly hauling an excavator that had not been properly loaded for transport.
Because the excavator’s arm was reportedly left in a raised position rather than lowered and secured, it allegedly struck an overpass. The impact broke loose a section of concrete from the bridge, which fell onto the mother’s vehicle and killed her. Her son survived and is now a teenager. The mother’s parents brought a civil lawsuit against the truck driver and the company that employed him. During the case, attorneys reportedly learned that the driver had only received his unrestricted commercial driver’s license (CDL) the Friday before the fatal crash, and they argued the employer failed to properly train him for the job he was sent to do.
This article is not a news report. It is a plain-spoken breakdown, from the perspective of a Colorado personal injury attorney, of how a case like this typically works, who may be held accountable, and what families in similar situations should know about their rights.
Who May Be Liable
In crashes involving commercial trucks and improperly secured cargo or equipment, more than one party may be responsible. Depending on the facts, potentially liable parties can include:
- The driver of the truck, who is generally responsible for confirming that any load, trailer, or piece of equipment is secured and within legal height and weight limits before entering a public roadway.
- The trucking or construction company that employed the driver. Employers may be liable under theories of negligent hiring, negligent training, negligent supervision, and vicarious liability for the acts of employees performed within the scope of their job.
- The company that loaded or rigged the equipment, if a separate entity was responsible for securing the excavator to the trailer.
- Equipment owners or lessors who may have provided a trailer or hauling setup that was inappropriate for the load.
- Government entities, in limited circumstances, if roadway design or signage played a role – although claims against public entities in Colorado are subject to strict notice deadlines under the Colorado Governmental Immunity Act.
Until evidence is fully developed in discovery, any allegation of fault is just that – an allegation. But the fact pattern reported here illustrates why victims’ families should not assume the driver alone is the only potentially responsible party.
Legal Theories That May Apply
Several overlapping legal theories are commonly used in cases involving commercial vehicles, hauled equipment, and fatal roadway collisions:
- Negligence. The core theory: a driver or company failed to use reasonable care, and that failure caused harm.
- Negligence per se. If a federal motor carrier safety regulation or Colorado traffic law (for example, rules governing cargo securement or vehicle height) was allegedly violated, that violation itself can serve as evidence of negligence.
- Negligent hiring, training, supervision, and retention. When an employer allegedly puts an under-qualified driver behind the wheel of a commercial rig, the company itself may be directly liable – separate from vicarious liability.
- Respondeat superior (vicarious liability). Employers are generally responsible for the negligent acts of employees committed within the scope of employment.
- Wrongful death. Under Colorado’s Wrongful Death Act, certain family members may bring a claim when a loved one dies due to another party’s wrongful act or negligence.
- Survival action. A separate claim brought by the estate to recover damages the decedent could have pursued had they lived.
- Exemplary (punitive) damages. Colorado law allows exemplary damages when conduct is attended by fraud, malice, or willful and wanton behavior.
Damages Victims May Recover
When a family loses a loved one in a preventable commercial vehicle crash, the categories of damages that may be recovered can include:
- Economic damages, such as lost future income and financial support, funeral and burial costs, and medical expenses incurred before death.
- Non-economic damages, including grief, loss of companionship, loss of guidance, and emotional suffering.
- Loss of consortium for a surviving spouse, where applicable.
- Exemplary (punitive) damages in cases involving willful and wanton misconduct, subject to Colorado’s statutory framework.
Colorado places statutory caps on certain categories of non-economic damages in wrongful death cases, though those caps can be adjusted for inflation and there are important exceptions. An experienced attorney can walk families through how these limits may apply to a specific case.
Evidence That Strengthens a Case
Commercial trucking and equipment-hauling cases live or die on documentation. The following types of evidence often make the difference:
- The driver’s CDL history, training records, prior employers, and disciplinary file.
- The employer’s written policies on cargo securement, load height verification, and pre-trip inspections.
- Federal Motor Carrier Safety Administration (FMCSA) records, including inspection reports, safety ratings, and prior violations.
- Dashcam footage, electronic logging device (ELD) data, and GPS records from the truck.
- Photographs and physical measurements of the excavator, trailer, and overpass strike point.
- Bridge and roadway records, including posted clearance heights.
- Statements from witnesses who saw the truck before or at the moment of impact.
- Accident reconstruction and mechanical engineering expert reports.
- Toxicology, hours-of-service logs, and cell phone records where relevant.
Many of these records are within the exclusive control of the trucking company and can be lawfully destroyed on a routine schedule if a preservation letter is not sent quickly.
What to Do Next
If your family has suffered a similar loss, or if you were injured in a crash involving a commercial truck or a piece of hauled equipment, the early days matter. Practical steps to consider include:
- Get medical attention and follow up. Document every symptom, appointment, and provider.
- Preserve physical evidence. Do not repair or dispose of a damaged vehicle until it has been inspected.
- Request the crash report and take photos of the scene, the vehicles, and any equipment involved.
- Do not give a recorded statement to any insurance company – including your own – before speaking with an attorney.
- Watch the deadlines. Colorado’s statute of limitations for most auto-related wrongful death and injury claims is generally short (often two years, and even shorter for claims against government entities). Missing a deadline can permanently end a case.
- Send preservation letters to the trucking company so that logs, dashcam video, and maintenance records are not lost.
At Weber Law LLP, we help Colorado families make sense of catastrophic loss and hold negligent drivers and companies accountable. If you or a loved one has been hurt or killed in a crash involving a commercial vehicle, hauled equipment, or a poorly trained driver, our team is here to listen, answer your questions, and explain your options – at no cost for the initial consultation. Call 844-844-0503 or visit https://law.ninja to speak with our team.
Frequently Asked Questions
Can I sue a trucking company if the driver caused the crash?
Yes, in many cases you can pursue claims against both the driver and the employer. Under Colorado law, an employer may be vicariously liable for a driver’s negligence committed on the job, and it can also be directly liable for allegedly negligent hiring, training, or supervision.
How long do I have to file a wrongful death case in Colorado?
Colorado generally imposes a two-year statute of limitations on wrongful death claims arising from motor vehicle crashes, though the exact deadline depends on the facts and any government entities involved. Because the clock starts running quickly and some notice deadlines are much shorter, it is important to speak with an attorney as soon as possible.
What if the truck driver had just gotten their CDL?
A recently licensed CDL holder is not automatically negligent, but a company that hands a new driver a complex or high-risk job without adequate training may be. Attorneys can subpoena training records, prior work history, and internal policies to evaluate whether the employer allegedly failed in its duties.
Who is responsible when equipment falls off a truck or strikes an overpass?
Responsibility typically falls on the driver and the company that loaded and dispatched the truck, and possibly on any third party that rigged or secured the equipment. Federal and state cargo securement rules exist specifically to prevent this kind of harm, and alleged violations can strengthen a civil claim.
What damages can a family recover in a Colorado wrongful death case?
Recoverable damages may include lost financial support, funeral and burial expenses, and non-economic losses like grief and loss of companionship. In cases involving willful and wanton conduct, exemplary damages may also be available, subject to Colorado’s statutory framework.
Do I have to go to trial to get compensation?
No. The majority of personal injury and wrongful death cases resolve through settlement, though some, like the $65 million verdict reported in Northern Colorado, do proceed all the way to a jury. Preparing every case as if it will be tried tends to produce the strongest results, whether the case settles or not.
What should I do with the vehicle after a serious crash?
Do not repair, sell, or scrap the vehicle until it has been documented and, ideally, inspected by an expert. The vehicle itself is often key evidence in reconstructing what happened and identifying every party who may be liable.
How much does it cost to hire Weber Law LLP for a case like this?
Weber Law LLP handles personal injury and wrongful death cases on a contingency fee basis, meaning there are no upfront legal fees and no fee unless we recover compensation for you. The initial consultation is free and confidential.
Original reporting: cbsnews.com.