A truck accident is not like a fender-bender in a parking lot. The weight, the speed, the force—everything about a collision with an 18-wheeler or commercial truck changes the stakes. If you were hit by a truck in Walsenburg, you already know that. You felt it. You might still be feeling it.
And now the insurance company is calling.
They want a statement. They want you to sign something. They might even sound friendly, like they are trying to help. But they are not. They work for the trucking company, and their job is to pay you as little as possible. That is not a guess. That is how the system works.
You do not have to face them alone. You do not have to figure this out by yourself. McCormick & Murphy represents people hurt in truck accidents in Walsenburg, and we know exactly what these companies will try to do.
Call 888-668-1182 before you say anything to an insurance adjuster. The first conversation you have with them can be used against you for the rest of your case.
Truck accidents are not like other car accidents. The damage is more severe. The injuries are worse. And the companies behind the truck have more money, more lawyers, and more experience shutting down claims.
A typical passenger vehicle weighs around 4,000 pounds. A fully loaded semi can weigh 80,000 pounds. When that much force hits you at highway speed, the results are catastrophic. Broken bones, spinal injuries, traumatic brain injuries, internal bleeding—these are not minor crashes. They are life-changing events.
And the insurance companies know that. They also know that most people do not understand how these cases work. They know you are scared, you are in pain, and you probably need money right now. So they make a fast offer. They tell you it is fair. They tell you that if you wait, you might get nothing.
That is a lie.
The real value of your case has nothing to do with what they offer in the first week. It has everything to do with your injuries, your medical costs, your lost income, and how this accident will affect you for the rest of your life. They do not want you to know that number. They want you to settle before you talk to a lawyer.
The minutes and hours after a truck accident matter. What you do now can protect your rights later. What you do not do can cost you.
If you are physically able, call 911. Even if you do not think you are badly hurt, you need law enforcement on the scene and you need medical attention documented from the start. Insurance companies will argue that if you were really hurt, you would have gone to the hospital immediately. Do not give them that opening.
Get the truck driver’s information. Get the name of the trucking company. Take photos of the truck, the damage to your vehicle, the road conditions, the skid marks, the traffic signs. If there are witnesses, get their names and contact information. All of this matters.
Then stop talking.
Do not apologize. Do not say you are fine. Do not tell the driver or anyone at the scene that it was partly your fault. Anything you say can and will be used to reduce or deny your claim.
And when the insurance adjuster calls—and they will call, usually within 24 hours—do not give a recorded statement. You are not required to. They will tell you that you are. They will make it sound like refusing to talk will hurt your case. That is not true. What will hurt your case is saying something they can twist into a reason to deny your claim.
Politely tell them you are still receiving medical treatment and you will provide information when you are ready. Then call a lawyer.
Colorado is a fault-based state. That means whoever caused the accident is responsible for the damages. But fault is not always obvious, and the trucking company will do everything possible to shift blame onto you.
They will say you changed lanes too quickly. They will say you were speeding. They will say the truck driver had the right of way. They will say you contributed to the crash, and under Colorado’s modified comparative negligence rule, if you are found to be 50% or more at fault, you recover nothing.
That is why the investigation matters. We look at the truck’s black box data, the driver’s logbooks, the company’s maintenance records, the driver’s history, the road conditions, and the witness statements. We look at whether the driver was fatigued, whether the company pressured them to drive too many hours, whether the truck was overloaded or poorly maintained.
Most truck accidents are not accidents at all. They are the result of negligence—by the driver, by the trucking company, or by both. And when we can prove that, the case changes completely.
The insurance company will offer you a number. It will sound like a lot of money. It might even be more than you have ever seen in one check. But it is not enough.
You are entitled to compensation for every way this accident has hurt you. That includes your medical bills—not just the ones you have now, but the ones you will have in the future. Physical therapy. Follow-up surgeries. Medications. Medical equipment.
It includes your lost income. If you missed work because of your injuries, you get compensated for that. If your injuries are serious enough that you cannot go back to the same job, you get compensated for the income you will lose over the rest of your working life.
It includes your pain and suffering. The physical pain, the emotional trauma, the loss of enjoyment of life. Those are real damages, and Colorado law allows you to recover for them.
And if your injuries are permanent, if you will never be the same again, that gets factored in too.
The insurance company knows all of this. They just hope you do not.
Evidence disappears. Witnesses forget. Trucking companies have protocols in place to protect themselves the moment an accident happens. If you wait too long to get a lawyer involved, critical information can be lost.
Trucking companies are required to preserve certain records after an accident, but only if they are put on notice. That includes the truck’s electronic logging device data, the driver’s hours-of-service records, the maintenance logs, and the pre-trip inspection reports. If we do not send a preservation letter immediately, some of that evidence can be destroyed or overwritten.
The scene itself changes. Skid marks fade. Debris gets cleared. Road conditions shift. The longer you wait, the harder it becomes to reconstruct what happened.
And your own memory is sharpest right now. The details matter. The exact position of the vehicles, the color of the traffic light, what the truck driver said. Over time, those details blur. Writing them down now, while they are fresh, makes a difference.
This is not about rushing you. This is about protecting your rights before the trucking company’s legal team buries the evidence.
You need to understand something: the insurance adjuster who called you is not investigating your claim to help you. They are investigating it to find a way to pay you less. Or nothing.
They will ask you how you are feeling. If you say you are okay, they will use that to argue your injuries are not serious. They will ask you what happened. If you say anything that could be interpreted as admitting fault, they will use it. They will ask about your medical history. If you have ever hurt your back before, they will argue that your current back injury is pre-existing.
They might even offer you money right away. A few thousand dollars to cover your car repairs and medical bills. They will tell you it is a fair offer. They will tell you that if you hire a lawyer, you will just end up with less after legal fees. They will tell you this is your best option.
It is not.
Insurance adjusters are trained to close claims as quickly and as cheaply as possible. Their goal is to get you to settle before you understand the full extent of your injuries. Because once you sign that release, you cannot come back later when you realize the damage was worse than you thought.
You do not owe them a statement. You do not owe them an explanation. You do not owe them access to your medical records. Not yet. Not until you have someone on your side who knows what they are doing.
Commercial trucks are supposed to carry high insurance limits. Federal law requires interstate trucking companies to carry at least $750,000 in liability coverage. But that does not mean you will see all of it. And it does not mean it is enough.
If your injuries are severe, if you are facing years of medical treatment, if you cannot work, that $750,000 might not even come close to covering your actual damages.
That is when we start looking at other sources of recovery. Was the trucking company negligent in hiring or training the driver? Were they violating federal safety regulations? Were they pushing drivers to exceed hours-of-service limits? If the company itself is liable, their corporate assets come into play.
We also look at your own insurance policy. If you have underinsured motorist coverage, that policy can cover the gap between what the truck driver’s insurance pays and what you actually need. Your own insurance company is supposed to step in and cover you. But they will fight it. They will argue that the other driver had enough insurance. They will argue that your injuries are not as serious as you claim. They will become the opponent, even though you have been paying them premiums for years.
That is why these cases get complicated. And that is why you need someone who has handled them before.
If you had a back injury five years ago, the insurance company will try to blame your current back pain on that old injury. If you have arthritis, they will say the truck accident did not cause your pain. If you have ever been to a chiropractor, they will use it to argue that your injuries are chronic, not acute.
This is one of the most common tactics insurance companies use, and it works on people who do not have a lawyer.
But here is the truth: you are entitled to compensation even if you had a pre-existing condition. Colorado law is clear on this. The trucking company takes you as they find you. If the accident made your condition worse, if it aggravated an old injury, if it caused new pain on top of an existing problem, they are responsible for that worsening.
The key is proving it. That means getting the right medical experts involved. That means showing the difference between your condition before the accident and your condition after. That means not letting the insurance company twist your medical history into a reason to deny your claim.
The insurance company will send you paperwork. A medical release. An authorization to access your records. A settlement agreement. They will tell you it is standard. They will tell you everyone signs it. They will make it sound like no big deal.
It is a big deal.
Once you sign a medical release, the insurance company gets access to your entire medical history. Not just the records related to this accident. Everything. Every doctor visit. Every prescription. Every diagnosis. And they will comb through all of it looking for anything they can use to deny or reduce your claim.
Once you sign a settlement agreement, you are done. You cannot come back later when you realize your injuries are worse than you thought. You cannot reopen the case when the medical bills keep piling up. You gave up your rights the moment you signed.
The insurance company knows this. That is why they want you to sign quickly, before you talk to a lawyer, before you understand what you are giving up.
You do not have to sign anything. Not yet. Not until you know what your case is actually worth.
Kirk McCormick and Jay Murphy have spent years representing people hurt in truck accidents across southern Colorado. We know the tactics the trucking companies use. We know the arguments their lawyers will make. And we know how to fight back.
We start by investigating the accident. We get the truck’s black box data, the driver’s logbooks, the trucking company’s safety records. We talk to witnesses. We bring in accident reconstruction experts when we need to. We build a case that proves what happened and who is responsible.
Then we deal with the insurance company. We handle the phone calls. We handle the paperwork. We make sure they do not take advantage of you while you are trying to recover.
And if the insurance company will not offer a fair settlement, we take the case to court. We are not afraid to go to trial. The insurance companies know that. And it changes the way they negotiate.
We work on a contingency basis. That means you do not pay us unless we recover money for you. You are not taking a financial risk by calling. You are protecting your rights.
Our office is located at 301 N Main St, Pueblo, CO 81003, but we represent clients throughout southern Colorado, including Walsenburg, Pueblo West, Salt Creek, Blende, Avondale, Boone, Colorado City, Rye, Cañon City, Florence, Penrose, and Aguilar. If you were hurt in a truck accident anywhere in this region, we can help.
You do not have to come to our office if you cannot. We can meet you where you are. We can talk by phone. We can come to you. What matters is that you get the legal help you need before the insurance company takes advantage of you.
The insurance adjuster is going to call. They might have already called. They are going to ask you questions. They are going to make it sound like you have to answer.
You do not.
The first conversation you have with them can be used against you for the entire case. Anything you say can be twisted, taken out of context, or used as a reason to deny your claim.
Call us first. 888-668-1182. We will tell you what to say, what not to say, and how to protect your rights from the very beginning.
This is not about being difficult. This is not about being uncooperative. This is about understanding that the insurance company is not on your side, and they never were. They are a business. Their job is to pay you as little as possible. Your job is to make sure you get what you are actually owed.
We can help you do that. But you have to call before you say anything to them.
Call 911 even if you do not think you are seriously hurt. Law enforcement needs to document the scene, and you need medical attention on record from the start. Get the truck driver’s information, the trucking company name, and take photos of the vehicles, damage, road conditions, and any visible injuries. If there are witnesses, get their contact information. Do not apologize or admit fault to anyone at the scene. Then contact a lawyer before you give any statement to an insurance company.
Fault is determined by investigating all available evidence. This includes the truck’s electronic logging device data, the driver’s hours-of-service records, maintenance logs, witness statements, police reports, and sometimes accident reconstruction. We look at whether the driver was fatigued, speeding, distracted, or violating federal safety regulations. We also examine whether the trucking company failed to properly train or supervise the driver. Colorado uses a modified comparative negligence rule, which means if you are found 50% or more at fault, you cannot recover damages. That is why thorough investigation matters.
You can recover compensation for all medical expenses, including future treatment, surgeries, therapy, and medication. You can recover lost wages for time you missed from work, and lost earning capacity if your injuries prevent you from returning to your previous job. You are also entitled to compensation for pain and suffering, emotional distress, and loss of enjoyment of life. If your injuries are permanent, the long-term impact on your life gets factored into the value of your claim. Colorado law allows you to pursue full compensation for every way the accident has harmed you.
Colorado’s statute of limitations for personal injury claims is generally three years from the date of the accident. That might sound like a long time, but evidence disappears, witnesses move away, and insurance companies are working against you from day one. The sooner you get a lawyer involved, the stronger your case will be. Waiting until the deadline approaches makes it much harder to investigate and build a solid claim.
Truck accidents involve much more serious injuries because of the size and weight difference between commercial trucks and passenger vehicles. The legal side is also more complex. Trucking companies are subject to federal safety regulations, and liability can extend beyond just the driver to the trucking company itself. There are often multiple insurance policies in play, and trucking companies have experienced legal teams working to minimize their liability from the moment the accident happens. The value of these cases is typically much higher, which means the insurance companies fight much harder to deny or reduce claims.
Do not give them a recorded statement. You are not legally required to talk to them, and anything you say can be used to reduce or deny your claim. Adjusters are trained to ask questions that sound harmless but can hurt your case. Politely tell them you are still receiving medical treatment and will provide information when you are ready. Then call a lawyer immediately. The insurance company is not trying to help you. They are trying to close your claim as quickly and cheaply as possible.
If the truck driver’s insurance is not enough to cover your damages, we look for other sources of recovery. That can include the trucking company’s corporate liability if they were negligent in hiring, training, or supervising the driver. We also examine whether your own insurance policy includes underinsured motorist coverage, which can cover the gap between what the at-fault driver’s insurance pays and what you actually need. Your own insurance company may fight this, but that coverage exists to protect you in exactly this situation. We make sure you get access to every dollar you are entitled to.
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Disclaimer: The information on this website is for information purposes only. This website should not be taken as legal advice. Prior results do not guarantee a similar outcome. This information should not be taken as the formation of a lawyer or attorney client relationship.
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