Hit by a Commercial Vehicle in Colorado: Why These Claims Work Differently

The vehicle that hit you wasn’t just any car. It was a delivery truck. A company van. An eighteen-wheeler with a corporate logo on the side. And now you’re wondering: does it matter that a business was behind the wheel?

It absolutely does. Commercial vehicle accidents operate under different rules, involve additional parties, and often provide access to significantly higher insurance coverage. But they’re also more complex to navigate—and companies have resources to protect themselves.

In our practice, we’ve seen how these cases differ from typical car accidents. This guide explains what makes commercial vehicle claims unique and why that matters for your recovery.

What Qualifies as a “Commercial Vehicle”?

The term covers a wide range:

Large trucks and semi-trailers (vehicles over 10,001 pounds or carrying hazardous materials) are regulated under federal law.

Delivery vehicles operated by Amazon, FedEx, UPS, and similar companies.

Company cars and vans driven by employees conducting business.

Construction vehicles and heavy equipment operating on public roads.

Buses and shuttles operated for commercial purposes.

The classification matters because it determines which regulations apply, what insurance is required, and who can be held responsible.

Federal Regulations: A Higher Standard

Large commercial trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations establish standards that go far beyond what’s required of ordinary drivers:

Hours of Service Rules

Commercial drivers are subject to strict limits on how long they can drive without rest. Under current FMCSA rules, drivers generally cannot drive more than 11 hours after 10 consecutive hours off duty, and must take a 30-minute break after 8 hours of driving. Violations of these rules can be powerful evidence of negligence if fatigue contributed to an accident.

Electronic Logging Devices (ELDs)

Most commercial trucks are required to have ELDs that automatically record driving time. These devices create a digital record that can prove whether a driver was in compliance with hours-of-service rules—or whether they were pushing past legal limits when the accident occurred.

Driver Qualification Standards

Commercial drivers must hold valid Commercial Driver’s Licenses (CDLs), pass medical examinations, and maintain clean driving records. Trucking companies are required to verify qualifications before hiring and to conduct ongoing monitoring. Failure to properly vet drivers can establish liability against the company.

Vehicle Maintenance Requirements

Commercial vehicles must undergo regular inspections, and companies must maintain detailed maintenance records. If brake failure, tire blowouts, or other mechanical problems caused or contributed to an accident, these records become critical evidence.

Higher Insurance Limits

This is one of the most significant differences in commercial vehicle cases.

Colorado requires passenger vehicles to carry minimum liability coverage of $25,000 per person. But commercial vehicles are held to much higher standards:

Interstate freight carriers (general freight) must carry at least $750,000 in liability coverage.

Carriers transporting hazardous materials may be required to carry $1 million to $5 million depending on the cargo.

Many companies carry even higher limits —or substantial umbrella policies—to protect their business assets.

This means that in serious injury cases, there’s often significantly more insurance available to compensate victims than in a typical car accident. But accessing that coverage requires understanding who the responsible parties are and how to pursue claims against them.

Vicarious Liability: The Company May Be Responsible

When an employee causes an accident while acting within the scope of their employment, the employer can be held vicariously liable. This doctrine, known as respondeat superior, means you may have a claim directly against the company—not just the individual driver.

Why does this matter? Companies typically have deeper pockets and larger insurance policies than individual drivers. Holding the company accountable often means access to greater resources for your recovery.

Additionally, companies can be held directly liable for their own negligence in hiring, training, supervising, or maintaining vehicles. If the company put an unqualified driver behind the wheel, or failed to maintain its fleet, that’s separate grounds for liability beyond the driver’s own negligence.

Multiple Defendants, Complex Claims

Commercial vehicle accidents often involve multiple potentially responsible parties:

The driver who directly caused the accident

The trucking or delivery company that employed or contracted with the driver

The vehicle owner (if different from the operator)

The cargo loading company (if improper loading contributed to the crash)

The maintenance provider (if mechanical failure was involved)

The vehicle or parts manufacturer (if defective equipment played a role)

Identifying all potentially liable parties is essential to maximizing your recovery. Missing one could mean leaving significant compensation on the table.

Companies Move Fast to Protect Themselves

When a commercial vehicle is involved in a serious accident, the company’s response team often arrives at the scene within hours. They’re not there to help you—they’re there to protect the company.

They’ll photograph the scene from angles favorable to their defense. They’ll interview witnesses before you have a chance to. They’ll download data from the truck’s “black box” (the electronic control module that records speed, braking, and other data). They’ll secure maintenance and driver logs.

All of this evidence can disappear or be interpreted in ways that favor the company if you don’t act quickly to preserve it.

What You Should Do After a Commercial Vehicle Accident

Get medical attention immediately. Your health comes first, and prompt treatment creates important records linking your injuries to the accident.

Document everything you can. If you’re able, photograph the vehicles, the scene, any visible company markings, the driver’s CDL, and the truck’s DOT number (usually displayed on the door).

Do not give recorded statements to the company’s insurance adjuster without legal advice. What you say can and will be used to minimize your claim.

Contact an attorney quickly. An experienced lawyer can send preservation letters requiring the company to maintain evidence, obtain truck data before it’s overwritten, and begin building your case while evidence is fresh.

We Know How to Handle These Cases

Commercial vehicle accidents require a different approach than typical car crashes. The regulations are complex, the stakes are higher, and the companies involved have significant resources to fight claims.

At Flanagan Law, we have experience holding trucking companies and commercial operators accountable. We know how to obtain and interpret electronic logging data, maintenance records, and driver history files. We know the federal regulations these companies are supposed to follow.

If you’ve been injured in an accident involving a commercial vehicle, call us at 720-928-9178 for a free consultation. Time matters in these cases—let us start protecting your interests today.

Frequently Asked Questions

What if the truck driver was an independent contractor?

Companies sometimes classify drivers as independent contractors to avoid liability. However, courts look at the actual relationship, not just the label. If the company controlled how the driver did their job, vicarious liability may still apply.

How long do trucking companies keep their records?

FMCSA requires carriers to retain driver logs for six months and other records for varying periods. However, electronic data from the truck itself may be overwritten in days or weeks. Quick action to preserve evidence is essential.

Are Amazon delivery drivers covered by Amazon’s insurance?

Amazon uses a complex delivery network including employees, contractors, and third-party delivery service partners. Determining coverage requires analyzing the specific arrangement. An attorney can help identify all potential insurance sources.

What’s different about suing a trucking company?

These cases involve more parties, more regulations, more evidence to obtain, and often more aggressive defense tactics. They also typically involve higher damages due to the severity of injuries in commercial vehicle crashes. Having an attorney experienced in these specific cases matters.

Sources

Federal Motor Carrier Safety Administration—Hours of Service Regulations (49 CFR Part 395)

Federal Motor Carrier Safety Administration—Minimum Insurance Requirements (49 CFR Part 387)

Colorado Revised Statutes § 13-21-111 (Comparative Negligence)