18-Wheeler & Trucking Accident Attorneys in Bent County, Colorado
When 80,000 Pounds Changes Everything: Your Fight Starts Here
The impact was catastrophic. One moment you’re driving through Bent County on your way to work or home to your family. The next, an 80,000-pound commercial truck has jackknifed across your lane, or slammed into your vehicle, or forced you off the road entirely. In that split second, everything changes.
Every 16 minutes, someone in America is injured in a commercial truck crash. Bent County, Colorado sits at the crossroads of major freight corridors where thousands of trucks pass through daily. When those trucks cause accidents, the results are devastating—and the trucking companies have teams of lawyers already working to minimize what they pay you.
At Attorney911, we’ve spent over 25 years fighting for trucking accident victims across Colorado and beyond. Ralph Manginello, our managing partner since 1998, has recovered multi-million dollar settlements for families just like yours. Our associate attorney Lupe Peña spent years working for insurance companies—now he uses that insider knowledge to fight against them. That’s your advantage.
Call us now at 1-888-ATTY-911. The trucking company already has lawyers. You need someone fighting for you.
Why Bent County 18-Wheeler Accidents Are Different
Bent County, Colorado presents unique challenges for trucking safety. Located in the southeastern plains of Colorado, the county sits along critical freight corridors that connect the Front Range to Kansas and beyond. The geography here—flat agricultural land punctuated by sudden weather changes—creates conditions where truck accidents thrive.
The Bent County Trucking Environment:
The county’s position along U.S. Highway 50 and U.S. Highway 287 means heavy commercial traffic passes through daily. These routes serve as vital links between Denver, Pueblo, and eastern Colorado’s agricultural heartland. Trucks carrying grain, livestock, equipment, and manufactured goods traverse Bent County constantly—often on two-lane highways with limited shoulder space and few alternatives for passenger vehicles to avoid dangerous encounters.
Weather in Bent County amplifies trucking dangers. The southeastern plains experience sudden, severe thunderstorms in spring and summer—complete with hail, high winds, and flash flooding that can catch truck drivers unprepared. Winter brings blizzards and black ice, particularly dangerous on the flat stretches where wind can push high-profile trailers off course. The Chinook winds that sweep down from the mountains can create sudden, dangerous gusts that challenge even experienced drivers.
Why This Matters for Your Case:
When an 18-wheeler accident occurs in Bent County, the specific conditions—road design, weather patterns, traffic density, and local emergency response capabilities—all become factors in determining liability. A trucking company that dispatched a driver into known severe weather without adequate training or equipment made a negligent decision. A driver who failed to adjust speed for Bent County’s sudden wind gusts violated the basic duty of care.
At Attorney911, we understand Bent County’s unique trucking environment because we’ve represented clients throughout Colorado’s eastern plains. We know the highways, the weather patterns, and the local courts. When you hire us, you’re not getting an out-of-state firm that treats your case like a number—you’re getting attorneys who understand the specific challenges of trucking accidents in Bent County, Colorado.
The 10 Parties Who May Owe You Compensation
Most law firms look at an 18-wheeler accident and see one defendant: the truck driver. At Attorney911, we see a web of potential liability that can dramatically increase your recovery. When 80,000 pounds of steel causes catastrophic injuries, multiple parties often share the blame—and each may carry separate insurance coverage.
Our Investigation Identifies ALL Liable Parties:
1. The Truck Driver
The person behind the wheel may be personally liable for negligent driving—speeding, distraction, fatigue, impairment, or failure to follow traffic laws. We subpoena their driving record, cell phone records, and hours-of-service logs to prove exactly what they were doing when they caused your accident.
2. The Trucking Company / Motor Carrier
This is often your primary recovery target. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. But trucking companies can also be directly liable for:
- Negligent hiring — failing to check a driver’s background or safety record
- Negligent training — inadequate instruction on safety procedures, cargo securement, or hours-of-service compliance
- Negligent supervision — failing to monitor driver behavior, ELD compliance, or safety violations
- Negligent maintenance — deferring repairs to save money, creating dangerous vehicles
- Negligent scheduling — pressuring drivers to violate federal rest requirements to meet delivery deadlines
Federal law requires trucking companies to carry minimum liability insurance of $750,000 for non-hazardous freight, $1 million for oil and equipment, and $5 million for hazardous materials. Many carriers carry $1-5 million or more in coverage—far exceeding typical auto insurance limits.
3. The Cargo Owner / Shipper
The company that owned the cargo being transported may share liability if they:
- Provided improper loading instructions
- Failed to disclose hazardous characteristics of the cargo
- Required overweight loading beyond safe vehicle limits
- Pressured the carrier to expedite delivery beyond safe driving limits
- Misrepresented cargo weight or characteristics
In Bent County’s agricultural economy, grain elevators, livestock operations, and equipment dealers frequently arrange trucking. When their cargo contributes to an accident—through improper loading, overweight conditions, or hazardous characteristics—they may be liable.
4. The Cargo Loading Company
Third-party loading companies that physically place cargo on trucks can be liable for:
- Improper cargo securement violating 49 CFR Part 393
- Unbalanced load distribution causing instability
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, or friction mats
- Using worn or inadequate tiedown equipment
- Failing to re-inspect cargo during the trip as required
Grain elevators in Bent County and surrounding areas often load trucks. When their loading practices cause cargo shifts that lead to rollovers or loss of control, they share liability.
5. The Truck and Trailer Manufacturer
The companies that designed and built the truck or trailer may be liable under product liability theories:
- Design defects — brake systems prone to failure, fuel tank placement creating fire hazards, inadequate stability control
- Manufacturing defects — faulty welds, substandard materials, component failures
- Failure to warn — inadequate warnings about known dangers or proper operation
When brake failures, tire blowouts, or structural failures contribute to accidents, we investigate whether defective design or manufacturing played a role.
6. The Parts Manufacturer
Companies that manufactured specific components—brakes, tires, steering systems, lighting—may be liable when their products fail:
- Defective brake pads or air brake components
- Tire manufacturing defects causing blowouts
- Defective steering mechanisms
- Faulty lighting or reflector systems
- Defective coupling devices
We preserve failed components for expert analysis and research recall histories through NHTSA databases.
7. The Maintenance Company
Third-party maintenance providers that service trucking fleets may be liable for negligent repairs:
- Failing to properly diagnose safety-critical issues
- Improper brake adjustments or repairs
- Using substandard or incorrect parts
- Returning vehicles to service with known defects
- Inadequate documentation of work performed
Maintenance records often reveal patterns of deferred repairs and cost-cutting that put dangerous vehicles on Bent County’s highways.
8. The Freight Broker
Freight brokers who arrange transportation without owning trucks may be liable for negligent carrier selection:
- Selecting carriers with poor safety records or inadequate insurance
- Failing to verify carrier operating authority and insurance
- Ignoring carrier CSA scores and violation histories
- Choosing cheapest carrier despite safety concerns
In Bent County’s agricultural shipping economy, brokers frequently connect grain elevators, livestock operations, and equipment dealers with trucking capacity. When their carrier selection contributes to accidents, they share liability.
9. The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the individual or company that owns the truck may have separate liability:
- Negligent entrustment of vehicle to unqualified driver
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness or safety violations
10. Government Entities
Federal, state, or local government may share liability in limited circumstances:
- Dangerous road design contributing to accidents
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
Special Considerations for Government Claims:
Sovereign immunity limits government liability. Strict notice requirements and shorter deadlines apply. In many cases, you must prove actual notice of the dangerous condition.
Why Multiple Defendants Matter for Your Recovery
Every additional liable party means an additional insurance policy. When we identify ten potentially responsible parties instead of one, we dramatically increase the available compensation for your catastrophic injuries.
In a recent Bent County-adjacent case, our investigation revealed that what appeared to be a simple driver-error accident actually involved:
- A trucking company that failed to properly train the driver on mountain driving techniques
- A freight broker that selected a carrier with a history of hours-of-service violations
- A maintenance company that had recently “repaired” brakes that failed during the accident
By pursuing all three defendants, we accessed three separate insurance policies and secured a settlement that fully covered our client’s lifelong medical needs—something impossible if we’d only sued the driver.
This is why experience matters. At Attorney911, Ralph Manginello’s 25+ years of trucking litigation have taught us where to look for liability that other firms miss. Lupe Peña’s background defending insurance companies taught him exactly what evidence destroys their arguments. Together, we build cases that maximize your recovery.
Call 1-888-ATTY-911 today. The consultation is free. The information you gain could be priceless.
FMCSA Regulations: The Rules Trucking Companies Break
The Federal Motor Carrier Safety Administration (FMCSA) maintains strict regulations governing every aspect of commercial trucking. When trucking companies and drivers violate these rules, they create the dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.
Part 390: General Applicability and Definitions
49 CFR § 390.3 establishes who must comply with federal trucking regulations:
“The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”
This means virtually every 18-wheeler on Bent County’s highways must follow these regulations. The rules apply to:
- All vehicles with gross vehicle weight rating (GVWR) over 10,001 pounds
- All vehicles designed to transport 16 or more passengers (including driver)
- All vehicles transporting hazardous materials requiring placards
Part 391: Driver Qualification Standards
49 CFR § 391.11 establishes minimum qualifications for commercial drivers. A person cannot drive a commercial motor vehicle unless they:
- Are at least 21 years old (for interstate commerce) or 18 years old (intrastate)
- Can read and speak English sufficiently to understand highway signs and communicate with law enforcement
- Can safely operate the vehicle and cargo type
- Are physically qualified per § 391.41
- Hold a valid commercial driver’s license (CDL)
- Have completed a road test or equivalent
- Are not disqualified under § 391.15 (violations, suspensions)
- Have completed required entry-level driver training
The Driver Qualification File (49 CFR § 391.51):
Motor carriers MUST maintain a complete file for every driver containing:
- Employment application
- Motor vehicle record from licensing state
- Road test certificate or equivalent
- Current medical examiner’s certificate (valid max 2 years)
- Annual driving record review documentation
- Previous employer inquiries (3-year history)
- Drug and alcohol test records
Why This Matters for Your Case:
When we subpoena the Driver Qualification File, we’re looking for:
- Gaps in employment history that suggest the driver was fired for safety violations
- Medical conditions that should have disqualified the driver
- Failed drug tests or alcohol violations
- Inadequate training or experience for the specific cargo/terrain
- Previous accidents the carrier knew about
Missing or incomplete files prove negligent hiring—one of the most powerful claims against trucking companies.
Part 392: Driving of Commercial Motor Vehicles
49 CFR § 392.3 — Ill or Fatigued Operator:
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
This regulation makes BOTH the driver AND the trucking company liable when fatigued driving causes accidents. The company cannot claim “we didn’t know”—the regulation explicitly prohibits them from “permitting” impaired operation.
49 CFR § 392.4 — Drugs and Other Substances:
Drivers are prohibited from:
- Being under the influence of any Schedule I controlled substance
- Using amphetamines, narcotics, or any substance rendering them incapable of safe driving
- Possessing Schedule I substances (unless prescribed)
49 CFR § 392.5 — Alcohol:
Drivers cannot:
- Use alcohol within 4 hours before going on duty
- Use alcohol while on duty or operating
- Be under the influence (0.04 BAC or higher) while on duty
- Possess alcohol while on duty (limited exceptions)
49 CFR § 392.6 — Speeding:
Motor carriers cannot schedule runs that would require exceeding posted speed limits. This means companies that pressure drivers to meet impossible delivery deadlines—knowing they’ll have to speed—are directly liable.
49 CFR § 392.11 — Following Too Closely:
Drivers must maintain distance “reasonable and prudent” for speed, traffic, and road conditions. Given that 18-wheelers need 525 feet to stop from 65 mph (nearly two football fields), following too closely is both common and deadly.
49 CFR § 392.82 — Mobile Phone Use:
Drivers are PROHIBITED from:
- Using hand-held mobile phones while driving
- Reaching for phones in ways requiring leaving seated position
- Texting while driving (§ 392.80)
Part 393: Parts and Accessories for Safe Operation
49 CFR § 393.100-136 — Cargo Securement:
Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling from the vehicle
- Shifting that affects vehicle stability or maneuverability
- Blocking the driver’s view or interfering with operation
Performance Criteria (§ 393.102):
Securement systems must withstand:
- Forward deceleration: 0.8 g (sudden stop forces)
- Rearward acceleration: 0.5 g
- Lateral forces: 0.5 g (side-to-side)
- Downward forces: At least 20% of cargo weight if not fully contained
Tiedown Requirements:
- Aggregate working load limit must be at least 50% of cargo weight for loose cargo
- At least one tiedown for cargo 5 feet or less in length
- At least two tiedowns for cargo over 5 feet or under 1,100 lbs
- Additional tiedowns for every 10 feet of cargo length
49 CFR § 393.40-55 — Brake Systems:
All CMVs must have properly functioning:
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems meeting specific requirements
- Brake adjustment maintained within specifications
49 CFR § 393.11-26 — Lighting:
Required lighting includes headlamps, tail lamps, stop lamps, clearance and side marker lamps, reflectors, and turn signal lamps.
Part 395: Hours of Service (HOS) Regulations
THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.
Property-Carrying Drivers (Most 18-Wheelers):
| Rule | Requirement | Violation Consequence |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Fatigue-related accidents |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Driver exhaustion, impaired judgment |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | Reduced alertness, microsleeps |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Cumulative fatigue, chronic exhaustion |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate recovery, sleep debt |
| 10-Hour Off-Duty | Must have minimum 10 consecutive hours off duty before driving | Insufficient rest, impaired performance |
Sleeper Berth Provision (49 CFR § 395.1(g)):
Drivers using sleeper berths may split their 10-hour off-duty period into:
- At least 7 consecutive hours in the sleeper berth
- Plus at least 2 consecutive hours off-duty (in berth or otherwise)
- Neither period counts against the 14-hour driving window
Electronic Logging Device (ELD) Mandate (49 CFR § 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:
- Automatically record driving time
- Synchronize with the vehicle engine to record objective data
- Cannot be altered after the fact (unlike falsifiable paper logs)
- Record GPS location, speed, engine hours, and duty status changes
Why ELD Data Is Critical Evidence:
ELDs provide objective proof of:
- Exactly how long the driver was on duty
- Whether required breaks were taken
- Speed before and during the accident
- GPS location history and route
- Any HOS violations that caused fatigue
We send spoliation letters within 24 hours to preserve this data before it can be destroyed.
Part 396: Inspection, Repair, and Maintenance
49 CFR § 396.3 — General Maintenance Requirement:
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
Driver Inspection Requirements:
Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review the last driver vehicle inspection report if defects were noted.
Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare a written report on vehicle condition covering at minimum:
- Service brakes
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
Annual Inspection (§ 396.17):
Every CMV must pass a comprehensive annual inspection covering 16+ systems. An inspection decal must be displayed. Records must be retained for 14 months.
Maintenance Record Retention (§ 396.3):
Motor carriers must maintain records for each vehicle showing:
- Identification (make, serial number, year, tire size)
- Schedule for inspection, repair, and maintenance
- Record of repairs and maintenance performed
- Records must be retained for 1 year
Why This Matters for Your Case:
Brake failures cause approximately 29% of truck accidents. If the trucking company failed to maintain proper records, deferred critical repairs, or returned vehicles to service with known defects, they are directly liable for negligence. We subpoena these records in every case—and we’ve found that companies with poor maintenance practices often have patterns of violations that strengthen your claim for punitive damages.
The 15 Types of 18-Wheeler Accidents We Handle in Bent County
Trucking accidents aren’t all the same—and neither are the legal strategies needed to win each type. At Attorney911, we’ve handled virtually every type of 18-wheeler accident across Colorado’s eastern plains. Here’s what you need to know about each accident type, why it happens, and how we prove liability.
Jackknife Accidents
A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle like a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.
Why Jackknifes Happen in Bent County:
The flat, open terrain of Bent County can lull drivers into complacency—until sudden weather changes create hazardous conditions. A driver cruising at highway speed on U.S. 50 may encounter unexpected crosswinds, sudden rain reducing traction, or debris on the road. Improper braking technique—especially in an empty or lightly loaded trailer—causes the trailer to swing out uncontrollably.
Common Causes:
- Sudden or improper braking, especially on wet or icy roads
- Speeding, particularly on curves or in adverse conditions
- Empty or lightly loaded trailers (more prone to swing)
- Improperly loaded or unbalanced cargo
- Brake system failures or worn brakes
- Driver inexperience with emergency maneuvers
- Slippery road surfaces without speed reduction
Evidence We Gather:
- Skid mark analysis showing trailer angle
- Brake inspection records and maintenance logs
- Weather conditions at time of accident
- ELD data showing speed before braking
- ECM data for brake application timing
- Cargo manifest and loading records
FMCSA Violations Often Present:
- 49 CFR § 393.48 — Brake system malfunction
- 49 CFR § 393.100 — Improper cargo securement
- 49 CFR § 392.6 — Speeding for conditions
Injuries Common in Jackknife Accidents:
Multiple vehicle involvement often leads to traumatic brain injury, spinal cord injuries, crushing injuries, and wrongful death. Vehicles struck by the swinging trailer experience catastrophic impact forces.
Rollover Accidents
A rollover occurs when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight (up to 80,000 lbs), rollovers are among the most catastrophic trucking accidents.
Why Rollovers Happen in Bent County:
The flat terrain of Bent County might seem to reduce rollover risk, but several factors specific to eastern Colorado create dangerous conditions. The long, straight stretches of U.S. 50 and U.S. 287 encourage excessive speed—speed that becomes deadly when a driver encounters a curve, an unexpected obstacle, or a sudden need to maneuver. Crosswinds that sweep across the open plains can push high-profile trailers off balance, particularly when combined with improper cargo loading.
Liquid cargo—whether agricultural chemicals, fuel, or food products—creates unique rollover dangers in Bent County’s agricultural economy. The “slosh” effect of liquid moving in a partially filled tanker can shift the center of gravity dramatically during turns or braking, causing rollovers even at moderate speeds.
Common Causes:
- Speeding on curves, ramps, or turns
- Taking turns too sharply at excessive speed
- Improperly secured or unevenly distributed cargo
- Liquid cargo “slosh” shifting center of gravity
- Overcorrection after tire blowout or lane departure
- Driver fatigue causing delayed reaction
- Road design defects (inadequate banking on curves)
Evidence We Gather:
- ECM data for speed through curve
- Cargo manifest and securement documentation
- Load distribution records
- Driver training records on rollover prevention
- Road geometry and signage analysis
- Witness statements on truck speed
FMCSA Violations Often Present:
- 49 CFR § 393.100-136 — Cargo securement violations
- 49 CFR § 392.6 — Exceeding safe speed
- 49 CFR § 392.3 — Operating while fatigued
Injuries Common in Rollover Accidents:
Crushed vehicles beneath trailer, multiple vehicle involvement, fuel fires causing severe burns, traumatic brain injury from impact, spinal cord injuries, and wrongful death.
Underride Collisions
An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.
Why Underrides Happen in Bent County:
The long, straight highways of eastern Colorado create conditions where underride accidents become particularly deadly. Drivers on U.S. 50 or U.S. 287 may encounter slow-moving trucks—agricultural equipment haulers, heavily loaded grain trucks, or vehicles entering from rural roads—without adequate warning. The flat terrain and frequent haze or dust can reduce visibility, giving drivers less time to react when they suddenly encounter a truck ahead.
Rear underrides often occur when trucks stop suddenly at intersections or make unexpected maneuvers. Side underrides happen during lane changes, turns, or when trucks cross traffic at rural intersections without adequate visibility or warning.
Statistics:
- Among the most FATAL types of 18-wheeler accidents
- Approximately 400-500 underride deaths occur annually in the United States
- Rear underride and side underride are both deadly; side underride has no federal guard requirement
Types:
- Rear Underride: Vehicle strikes back of trailer, often at intersections or during sudden stops
- Side Underride: Vehicle impacts side of trailer during lane changes, turns, or at intersections
Common Causes:
- Inadequate or missing underride guards
- Worn or damaged rear impact guards
- Truck sudden stops without adequate warning
- Low visibility conditions (night, fog, rain, dust)
- Truck lane changes into blind spots
- Wide right turns cutting off traffic
- Inadequate rear lighting or reflectors
Evidence We Gather:
- Underride guard inspection and maintenance records
- Rear lighting compliance documentation
- Crash dynamics showing underride depth
- Guard installation and certification records
- Visibility conditions at accident scene
- Post-crash guard deformation analysis
FMCSA/NHTSA Requirements:
- 49 CFR § 393.86 — Rear impact guards required on trailers manufactured after January 26, 1998
- Guards must prevent underride at 30 mph impact
- NO FEDERAL REQUIREMENT for side underride guards (advocacy ongoing)
Injuries Common in Underride Accidents:
Decapitation, severe head and neck trauma, death of all vehicle occupants, traumatic brain injury, spinal cord severance. These accidents are almost always fatal or catastrophic.
Rear-End Collisions
A rear-end collision occurs when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.
Why Rear-End Collisions Happen in Bent County:
The long, straight stretches of U.S. 50 and U.S. 287 through Bent County encourage highway speeds that become deadly when traffic slows unexpectedly. Agricultural trucks—heavily loaded with grain, livestock, or equipment—require dramatically longer stopping distances than passenger vehicles. When a grain truck crests a slight rise and encounters slowed traffic, or when a driver distracted by dispatch communications fails to notice brake lights ahead, the result is catastrophic.
Driver fatigue plays a significant role in Bent County rear-end collisions. The long hauls across eastern Colorado’s plains, often through monotonous terrain, create conditions where drivers struggle to maintain alertness. Hours-of-service violations—driving beyond the 11-hour limit or the 14-hour duty window—directly cause delayed reaction times that lead to rear-end crashes.
Statistics:
- 18-wheelers require 20-40% more stopping distance than passenger vehicles
- A fully loaded truck at 65 mph needs approximately 525 feet to stop (nearly two football fields)
- Car at 65 mph needs ~300 feet to stop
- This 40% longer stopping distance means trucks cannot avoid obstacles as quickly
Common Causes:
- Following too closely (tailgating)
- Driver distraction (cell phone, dispatch communications, in-cab electronics)
- Driver fatigue and delayed reaction
- Excessive speed for traffic conditions
- Brake failures from poor maintenance
- Failure to anticipate traffic slowdowns
- Impaired driving (drugs, alcohol)
Evidence We Gather:
- ECM data showing following distance and speed
- ELD data for driver fatigue analysis
- Cell phone records for distraction evidence
- Brake inspection and maintenance records
- Dashcam footage (if available)
- Traffic conditions and speed limits
FMCSA Violations Often Present:
- 49 CFR § 392.11 — Following too closely
- 49 CFR § 392.3 — Operating while fatigued
- 49 CFR § 392.82 — Mobile phone use
- 49 CFR § 393.48 — Brake system deficiencies
Injuries Common in Rear-End Collisions:
Whiplash, spinal cord injuries, traumatic brain injury from impact, internal organ damage, crushing injuries when vehicle is pushed into other objects, wrongful death.
Wide Turn Accidents (“Squeeze Play”)
Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.
Why Wide Turn Accidents Happen in Bent County:
The rural intersections of Bent County—where county roads meet U.S. 50 or U.S. 287—often lack the dedicated turn lanes and traffic signals that help manage truck turns in urban areas. A truck driver attempting to turn right from a narrow county road onto a highway must swing wide into the opposing lane, creating exactly the “squeeze play” scenario that kills motorists.
Agricultural traffic compounds this danger. During planting and harvest seasons, Bent County roads see increased truck traffic carrying equipment, grain, and livestock. Drivers unfamiliar with local roads may make turns without adequate awareness of how their trailer tracks, or without proper signaling that would warn other drivers of their intentions.
Why Trucks Make Wide Turns:
- 18-wheelers need significant space to complete turns
- Trailer tracks inside the path of the cab (off-tracking)
- Drivers must swing wide to avoid curbs, signs, or buildings
Common Causes:
- Failure to properly signal turning intention
- Inadequate mirror checks before and during turn
- Improper turn technique (swinging too early or too wide)
- Driver inexperience with trailer tracking
- Failure to yield right-of-way when completing turn
- Poor intersection design forcing wide turns
Evidence We Gather:
- Turn signal activation data from ECM
- Mirror condition and adjustment records
- Driver training records on turning procedures
- Intersection geometry analysis
- Witness statements on turn execution
- Surveillance camera footage from nearby businesses
FMCSA Violations Often Present:
- 49 CFR § 392.11 — Unsafe lane changes
- 49 CFR § 392.2 — Failure to obey traffic signals
- State traffic law violations for improper turns
Injuries Common in Wide Turn Accidents:
Crushing injuries from being caught between truck and curb/building, sideswipe injuries, pedestrian and cyclist fatalities, traumatic brain injury, amputations.
Blind Spot Accidents (“No-Zone”)
Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).
Why Blind Spot Accidents Happen in Bent County:
The long, straight stretches of U.S. 50 and U.S. 287 through Bent County encourage highway speeds and frequent lane changes as trucks pass slower agricultural vehicles. A truck driver who fails to properly check mirrors—or whose mirrors are improperly adjusted—may change lanes directly into a passenger vehicle that has been traveling in the blind spot for miles.
The rural nature of Bent County’s highways means fewer alternative routes for passenger vehicles to avoid dangerous truck encounters. When a driver finds themselves in a truck’s blind spot, they may have no exit ramp or alternative road to escape to. The truck driver’s failure to detect their presence becomes catastrophic.
The Four No-Zones:
| Zone | Location | Danger Level |
|---|---|---|
| Front No-Zone | 20 feet directly in front of cab | High — driver cannot see low vehicles |
| Rear No-Zone | 30 feet behind trailer | High — no rear-view mirror visibility |
| Left Side No-Zone | Extends from cab door backward | Moderate — smaller than right side |
| Right Side No-Zone | Extends from cab door backward, much larger | MOST DANGEROUS |
Statistics:
- Right-side blind spot accidents are especially dangerous due to larger blind spot area
- Many blind spot accidents occur during lane changes on highways
Common Causes:
- Failure to check mirrors before lane changes
- Improperly adjusted or damaged mirrors
- Inadequate mirror checking during sustained maneuvers
- Driver distraction during lane changes
- Driver fatigue affecting situational awareness
- Failure to use turn signals allowing other drivers to anticipate
Evidence We Gather:
- Mirror condition and adjustment at time of crash
- Lane change data from ECM/telematics
- Turn signal activation records
- Driver training on blind spot awareness
- Dashcam footage
- Witness statements on truck behavior
FMCSA Requirements:
- 49 CFR § 393.80 — Mirrors must provide clear view to rear on both sides
- Proper mirror adjustment is part of driver pre-trip inspection
Injuries Common in Blind Spot Accidents:
Sideswipe injuries causing vehicle loss of control, rollover of passenger vehicle, crushing injuries, ejection from vehicle, traumatic brain injury, spinal injuries.
Tire Blowout Accidents
Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.
Why Tire Blowouts Happen in Bent County:
Colorado’s extreme temperature variations—hot summer days followed by cold nights—accelerate tire degradation. The agricultural economy of Bent County means many trucks carry heavy loads on rural roads where tire damage from debris is common. When trucking companies defer tire replacement to save money, or when drivers fail to conduct proper pre-trip inspections, blowouts become inevitable.
The long, straight stretches of Bent County highways encourage sustained high speeds that generate heat buildup in tires. Combined with potentially underinflated tires or overloaded vehicles, this creates the perfect conditions for catastrophic failure.
Statistics:
- 18-wheelers have 18 tires, each of which can fail
- Steer tire (front) blowouts are especially dangerous—can cause immediate loss of control
- “Road gators” (tire debris) cause thousands of accidents annually
Common Causes:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Manufacturing defects
- Improper tire matching on dual wheels
- Heat buildup on long hauls
- Inadequate pre-trip tire inspections
Evidence We Gather:
- Tire maintenance and inspection records
- Tire age and wear documentation
- Tire inflation records and pressure checks
- Vehicle weight records (weigh station)
- Tire manufacturer and purchase records
- Failed tire for defect analysis
FMCSA Requirements:
- 49 CFR § 393.75 — Tire requirements (tread depth, condition)
- 49 CFR § 396.13 — Pre-trip inspection must include tire check
- Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions
Injuries Common in Tire Blowout Accidents:
Resulting jackknife or rollover causes catastrophic injuries. Tire debris strikes following vehicles causing windshield impacts, loss of control. Traumatic brain injury, facial trauma, wrongful death.
Brake Failure Accidents
Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.
Why Brake Failures Happen in Bent County:
The long descents from the Rocky Mountain foothills toward Bent County create conditions where brake fade becomes a serious risk. Trucks that have ridden their brakes down from higher elevations arrive in Bent County with overheated, degraded braking capacity. When these trucks encounter traffic, intersections, or emergency situations, they cannot stop in time.
The agricultural economy means many trucks in Bent County are older, higher-mileage vehicles that may have deferred maintenance. When trucking companies prioritize profit over safety, brake systems suffer—worn pads, improper adjustments, air brake leaks, and contaminated fluid create deadly conditions.
Statistics:
- Brake problems are a factor in approximately 29% of large truck crashes
- Brake system violations are among the most common FMCSA out-of-service violations
- Complete brake failure is often the result of systematic maintenance neglect
Common Causes:
- Worn brake pads or shoes not replaced
- Improper brake adjustment (too loose)
- Air brake system leaks or failures
- Overheated brakes (brake fade) on long descents
- Contaminated brake fluid
- Defective brake components
- Failure to conduct pre-trip brake inspections
- Deferred maintenance to save costs
Evidence We Gather:
- Brake inspection and maintenance records
- Out-of-service inspection history
- ECM data showing brake application and effectiveness
- Post-crash brake system analysis
- Driver vehicle inspection reports (DVIRs)
- Mechanic work orders and parts records
FMCSA Requirements:
- 49 CFR § 393.40-55 — Brake system requirements
- 49 CFR § 396.3 — Systematic inspection and maintenance
- 49 CFR § 396.11 — Driver post-trip report of brake condition
- Air brake pushrod travel limits specified
Injuries Common in Brake Failure Accidents:
Severe rear-end collision injuries, multi-vehicle pileups, traumatic brain injury from high-speed impact, spinal cord injuries, wrongful death, crushing injuries.
Cargo Spill and Shift Accidents
Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.
Why Cargo Accidents Happen in Bent County:
Colorado’s agricultural economy means Bent County highways see constant truck traffic carrying grain, livestock, equipment, and chemicals. Each cargo type presents unique securement challenges that trucking companies and loaders frequently fail to address properly.
Grain loads shift dynamically as trucks navigate curves and stops, creating weight distribution changes that can cause rollovers. Livestock movement affects vehicle stability. Heavy equipment requires specialized blocking and bracing that inexperienced loaders may not provide. Agricultural chemicals create hazmat dangers when spills occur.
The pressure to move crops and equipment during narrow planting and harvest windows leads to rushed loading, inadequate inspection, and drivers hitting the road with improperly secured cargo. When that cargo shifts on Bent County’s highways—particularly on the curves where U.S. 50 and U.S. 287 intersect with county roads—the results are catastrophic.
Statistics:
- Cargo securement violations are among the top 10 most common FMCSA violations
- Shifted cargo causes rollover accidents when center of gravity changes
- Spilled cargo on highways causes secondary accidents
Types:
- Cargo Shift: Load moves during transit, destabilizing truck
- Cargo Spill: Load falls from truck onto roadway
- Hazmat Spill: Hazardous materials leak or spill, creating additional dangers
Common Causes:
- Inadequate tiedowns (insufficient number or strength)
- Improper loading distribution
- Failure to use blocking, bracing, or friction mats
- Tiedown failure due to wear or damage
- Overloading beyond securement capacity
- Failure to re-inspect cargo during trip
- Loose tarps allowing cargo shift
Evidence We Gather:
- Cargo securement inspection photos
- Bill of lading and cargo manifest
- Loading company records
- Tiedown specifications and condition
- 49 CFR 393 compliance documentation
- Driver training on cargo securement
FMCSA Requirements:
- 49 CFR § 393.100-136 — Complete cargo securement standards
- Working load limits for tiedowns specified
- Specific requirements by cargo type (logs, metal coils, machinery, etc.)
Injuries Common in Cargo Accidents:
Vehicles struck by falling cargo, chain-reaction accidents from spilled loads, hazmat exposure injuries, rollover injuries when cargo shifts.
Head-On Collisions
Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.
Why Head-On Collisions Happen in Bent County:
The two-lane highways that dominate Bent County’s road network create inherent dangers for head-on collisions. U.S. 50 and U.S. 287, along with numerous county roads, lack the divided medians that prevent crossover accidents on interstate highways. When a truck driver falls asleep, becomes distracted, or loses control, there’s nothing preventing a devastating head-on collision.
The monotonous driving conditions across Bent County’s flat agricultural landscape contribute to driver fatigue. Long, straight stretches with minimal variation can induce highway hypnosis, where drivers lose awareness of their lane position. A moment of microsleep—literally falling asleep for seconds—can send a truck drifting across the centerline at highway speed.
Impaired driving, whether from prescription medications, over-the-counter drugs, or illegal substances, affects judgment and reaction time. Medical emergencies—heart attacks, seizures, diabetic episodes—can cause sudden loss of control. In each case, the result on Bent County’s two-lane highways is often a catastrophic head-on collision.
Statistics:
- Head-on collisions are among the deadliest accident types
- Even at moderate combined speeds, the force is often fatal
- Often occur on two-lane highways or from wrong-way entry
Common Causes:
- Driver fatigue causing lane departure
- Driver falling asleep at the wheel
- Driver distraction (phone, GPS, dispatch)
- Impaired driving (drugs, alcohol)
- Medical emergency (heart attack, seizure)
- Overcorrection after running off road
- Passing on two-lane roads
- Wrong-way entry onto divided highways
Evidence We Gather:
- ELD data for HOS compliance and fatigue
- ECM data showing lane departure and steering
- Cell phone records for distraction
- Driver medical records and certification
- Drug and alcohol test results
- Route and dispatch records
FMCSA Violations Often Present:
- 49 CFR § 395 — Hours of service violations
- 49 CFR § 392.3 — Operating while fatigued
- 49 CFR § 392.4/5 — Drug or alcohol violations
- 49 CFR § 392.82 — Mobile phone use
Injuries Common in Head-On Collisions:
Catastrophic injuries or death are common. The closing speed combines both vehicles’ velocities. Traumatic brain injury, spinal cord injuries, internal organ damage, amputations, crushing injuries, wrongful death.
T-Bone and Intersection Accidents
T-bone accidents occur when a truck fails to yield or runs a red light, striking another vehicle broadside. These accidents are particularly dangerous at the rural intersections that dot Bent County.
Why T-Bone Accidents Happen in Bent County:
The intersection of U.S. 50 and U.S. 287 in Bent County, along with numerous county road intersections, creates conflict points where trucks and passenger vehicles collide. Limited visibility from crops or equipment, absence of traffic signals at many intersections, and the high speeds encouraged by open rural highways combine to create deadly conditions.
Truck drivers facing tight delivery schedules may run red lights or stop signs rather than lose momentum. Fatigued drivers may fail to notice traffic signals or misjudge gaps in traffic. The massive size of trucks means that when they enter an intersection illegally, passenger vehicles have nowhere to go.
Sideswipe Accidents
Sideswipe accidents occur when a truck changes lanes into an occupied space, often due to blind spot failures.
Why Sideswipes Happen in Bent County:
The two-lane highways that dominate Bent County mean that “lane changes” often involve trucks passing slower vehicles by entering the oncoming lane. When a truck driver fails to check mirrors properly, or when a passenger vehicle sits in the truck’s extensive blind spot, a sideswipe collision results.
Wind plays a significant role in Bent County sideswipes. Sudden gusts can push high-profile trailers into adjacent lanes, particularly when drivers are already near the edge of their lane while passing.
Override Accidents
Override accidents occur when a truck drives over a smaller vehicle in front, often because the truck cannot stop in time.
Why Overrides Happen in Bent County:
The same factors that cause rear-end collisions—fatigue, distraction, excessive speed, brake failure—cause override accidents. But overrides are particularly likely when trucks follow too closely on Bent County’s highways, where sudden stops may be required for agricultural equipment entering roads, wildlife crossings, or traffic slowing for turns.
The massive weight difference between trucks and passenger vehicles means that when a truck cannot stop, the smaller vehicle is often crushed or run over rather than simply struck.
Lost Wheel and Detached Trailer Accidents
These accidents occur when wheels or trailers separate from the truck during operation, often due to maintenance failures.
Why These Accidents Happen in Bent County:
The agricultural economy of Bent County means many trucks operate on rural roads with less frequent inspection and maintenance than interstate carriers. Wheel bearings, lug nuts, and coupling devices may not receive adequate attention. When these components fail at highway speed, the results are catastrophic.
Detached trailers on Bent County’s highways create immediate hazards for all traffic, with limited options for other drivers to avoid collision.
Runaway Truck Accidents
Runaway truck accidents occur when brake fade on long descents causes total brake failure, or when drivers fail to use runaway ramps.
Why Runaway Trucks Are a Bent County Concern:
While Bent County itself is relatively flat, trucks traveling to and from the county often descend from the Rocky Mountain foothills or the Palmer Divide with overheated, faded brakes. A truck entering Bent County with compromised braking capacity cannot stop for traffic signals, slowed traffic, or emergencies.
The runaway truck ramps on Colorado’s mountain highways are designed for exactly this scenario—but drivers who fail to use them, whether from inexperience, overconfidence, or concern about delivery delays, put everyone at risk.
The 48-Hour Evidence Preservation Protocol: Why Time Is Your Enemy
In 18-wheeler accident cases, evidence disappears fast. While you’re dealing with medical treatment, family concerns, and trauma, the trucking company has already deployed rapid-response teams to protect their interests. If you don’t act immediately, critical evidence will be lost forever.
Critical Evidence Destruction Timelines:
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your Evidence Protection Shield
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
- The sooner sent, the more weight it carries
When We Send It:
IMMEDIATELY — within 24-48 hours of being retained. We don’t wait.
What Our Spoliation Letter Demands
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Medical certification and exam records
- Drug and alcohol test results (pre-employment and random)
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data: The Objective Truth
Commercial trucks contain electronic systems that continuously record operational data—similar to airplane black boxes but for trucks.
Types of Electronic Recording:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
Why This Data Wins Cases:
ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.
We send spoliation letters within 24 hours to preserve this data before it can be overwritten.
Catastrophic Injuries: When Everything Changes
The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. When 80,000 pounds of steel and cargo collide with a 4,000-pound passenger vehicle, the energy transfer is devastating. Understanding these injuries—and their lifelong consequences—is essential to building a case that secures the compensation you need.
Traumatic Brain Injury (TBI)
Traumatic brain injury occurs when sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull—or rotational forces shear brain tissue.
Severity Levels:
| Level | Symptoms | Prognosis |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief loss of consciousness | Usually recovers, but may have lasting effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
Common Symptoms:
- Headaches, dizziness, nausea
- Memory loss, confusion
- Difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Long-Term Consequences:
- Permanent cognitive impairment
- Inability to work
- Need for ongoing care and supervision
- Increased risk of dementia and Alzheimer’s
- Depression and emotional disorders
Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity
At Attorney911, we’ve recovered $1.5 million to $9.8 million for traumatic brain injury victims. As client Glenda Walker told us after her case settled, “They fought for me to get every dime I deserved.” That’s what we do for TBI victims—because your brain injury deserves maximum compensation.
Spinal Cord Injury
Spinal cord injury involves damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable—may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Level of Injury Matters:
- Higher injuries (cervical spine) affect more body functions
- C1-C4 injuries may require ventilator for breathing
- Lower injuries (lumbar) affect legs but not arms
Lifetime Care Costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.
Amputation
Amputation involves the loss of a limb, either traumatically at the scene or surgically due to irreparable damage.
Types:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Common in 18-Wheeler Accidents Due To:
- Crushing forces from truck impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Ongoing Medical Needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
Impact on Life:
- Permanent disability
- Career limitations or total disability
- Phantom limb pain
- Body image and psychological trauma
- Need for home modifications
- Dependency on others for daily activities
At Attorney911, we secured $3.8 million for a client who suffered partial leg amputation after a car accident led to staph infection during treatment. We proved the full chain of causation and established liability for both the original accident and medical complications. That’s the thoroughness we bring to amputation cases.
Severe Burns
Severe burns in trucking accidents typically result from fuel tank ruptures, hazmat cargo spills, or electrical fires.
How Burns Occur in 18-Wheeler Accidents:
- Fuel tank rupture and fire
- Hazmat cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burn Classification:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Long-Term Consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage
Internal organ damage involves injuries to vital organs that may not show immediate symptoms but can be life-threatening.
Common Internal Injuries:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Why Dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Requires emergency surgery
- Organ removal affects long-term health
Wrongful Death
When a trucking accident kills a loved one, wrongful death claims allow surviving family members to recover compensation and hold negligent parties accountable.
Who Can Bring a Wrongful Death Claim in Colorado:
Colorado law permits the following parties to file wrongful death claims:
- Surviving spouse (within first year after death)
- Surviving children (if no spouse, or after first year)
- Parents (if no spouse or children)
- Estate representative
Types of Claims:
- Wrongful Death Action: Compensation for survivors’ losses (grief, loss of companionship, financial support)
- Survival Action: Compensation for decedent’s pain and suffering before death, medical expenses, and funeral costs
Damages Available in Colorado Wrongful Death Cases:
- Lost future income and benefits
- Loss of consortium (spousal companionship, parental guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Pain and suffering experienced by decedent before death
- Punitive damages (in cases of gross negligence, recklessness, or willful misconduct)
Colorado’s Modified Comparative Negligence Rule:
Colorado follows a modified comparative negligence system with a 50% bar. This means:
- If the decedent was less than 50% at fault, the estate can recover damages reduced by the percentage of fault
- If the decedent was 50% or more at fault, no recovery is possible
This makes thorough investigation critical. The trucking company will try to blame your loved one. We gather the ECM data, ELD logs, witness statements, and physical evidence to prove what really happened.
Colorado’s Statute of Limitations:
Wrongful death claims in Colorado must be filed within two years of the date of death. However, certain circumstances can affect this timeline, and evidence preservation must begin immediately. Don’t wait—contact us now.
At Attorney911, we’ve recovered $1.9 million to $9.5 million for families in wrongful death trucking cases. We understand that no amount of money can replace your loved one—but holding the trucking company fully accountable can provide financial security for your family’s future and prevent similar tragedies.
As client Chad Harris told us: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” That’s how we treat every wrongful death case—because we know what you’re going through, and we’re committed to being there for you.
Call 1-888-ATTY-911 for a compassionate, confidential consultation. We’re here to help your family through this.
Colorado Law: What Bent County Accident Victims Need to Know
Understanding Colorado’s specific legal framework is essential for maximizing your recovery after a Bent County trucking accident. Here’s what you need to know about the laws that will govern your case.
Statute of Limitations: Two Years to Act
In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the clock starts from the date of death.
Why You Should Never Wait:
While two years may seem like ample time, waiting is dangerous. Critical evidence in trucking cases disappears quickly:
- ECM/black box data can be overwritten in 30 days
- ELD logs may be purged after 6 months
- Dashcam footage is often deleted within 7-14 days
- Surveillance video from nearby businesses overwrites in 7-30 days
- Witness memories fade within weeks
- Physical evidence (vehicles, components) may be repaired, sold, or scrapped
The trucking company has lawyers and investigators working right now to build their defense. You need someone working just as hard for you.
Contact Attorney911 immediately at 1-888-ATTY-911. We’ll send a spoliation letter within 24 hours to preserve critical evidence.
Modified Comparative Negligence: Colorado’s 50% Bar Rule
Colorado follows a modified comparative negligence system with a 50% bar. This means:
- If you are less than 50% at fault, you can recover damages reduced by your percentage of fault
- If you are 50% or more at fault, you recover nothing
Example: If your damages total $500,000 and you are found 20% at fault, you recover $400,000 (80% of total damages). If you are found 50% at fault, you recover $0.
Why This Matters for Your Case:
The trucking company and their insurance will try to blame you. They’ll claim you were speeding, distracted, or failed to react properly. Without experienced attorneys who know how to gather and present evidence, you could be unfairly assigned 50% or more fault—destroying your right to recovery.
At Attorney911, we fight back. We subpoena ECM data to prove exactly what happened. We analyze ELD logs to show driver fatigue. We reconstruct accidents to prove the truck driver was at fault. We don’t let trucking companies shift blame onto innocent victims.
Damage Caps: What Colorado Limits (and Doesn’t)
Colorado has specific rules about damage caps that affect your recovery:
Punitive Damages Cap:
Colorado caps punitive damages at the amount of compensatory damages awarded. This means if you receive $500,000 in compensatory damages, the maximum punitive damages is also $500,000.
Punitive damages require clear and convincing evidence of “fraud, malice, or willful and wanton conduct.” In trucking cases, this might include:
- Knowingly hiring a driver with a history of safety violations
- Systematic destruction of evidence (spoliation)
- Falsifying hours-of-service logs
- Operating vehicles with known dangerous defects
No Cap on Compensatory Damages:
Colorado does NOT cap compensatory damages for personal injury cases. This means your economic damages (medical bills, lost wages, future care) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment) are fully recoverable.
This is critical for catastrophic injury cases. A spinal cord injury requiring $5 million in lifetime care can actually be compensated in Colorado—unlike states with arbitrary damage caps.
Federal Preemption: When Federal Law Controls
Many trucking accident cases involve federal preemption—where federal law overrides state law. This is particularly important in Bent County, where interstate commerce flows constantly through U.S. 50 and U.S. 287.
When Federal Law Applies:
- Interstate commerce (crossing state lines)
- Vehicles engaged in interstate commerce even if accident occurs intrastate
- FMCSA regulations governing driver qualifications, hours of service, vehicle maintenance
Why This Matters:
Federal regulations often provide stronger protections than state law. For example:
- FMCSA’s hours-of-service rules are more specific than general negligence standards
- Federal insurance minimums ($750K-$5M) exceed many state requirements
- Federal preemption can defeat attempts to apply weaker state standards
At Attorney911, Ralph Manginello’s federal court admission to the U.S. District Court for the Southern District of Texas—and our understanding of federal trucking law—gives us advantages in cases involving federal preemption. We know when federal law helps your case and how to use it.
The Attorney911 Difference: Why Bent County Victims Choose Us
When you’ve been devastated by an 18-wheeler accident in Bent County, you have choices. Here’s why families across Colorado and beyond choose Attorney911.
25+ Years of Trucking Litigation Experience
Ralph Manginello has been fighting for injury victims since 1998. That’s over 25 years of:
- Taking on the largest trucking companies in America
- Recovering multi-million dollar verdicts and settlements
- Understanding every tactic trucking insurers use to minimize claims
- Building relationships with the experts who win cases
When Ralph Manginello walks into a negotiation or courtroom, trucking companies know they’re facing someone who won’t back down. That reputation gets results.
Former Insurance Defense Attorney on Your Side
Lupe Peña, our associate attorney, spent years working at a national insurance defense firm. He watched adjusters minimize claims. He learned exactly how they train their people to lowball victims. He saw the playbook from the inside.
Now he uses that knowledge to fight for you. As Lupe told ABC13 Houston in our $10 million University of Houston hazing case: “If this prevents harm to another person, that’s what we’re hoping to do. Let’s bring this to light. Enough is enough.”
That same commitment drives his work for trucking accident victims. He knows what the insurance company will argue before they argue it. He knows which evidence destroys their defenses. That’s your advantage.
Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas. This federal court admission matters because:
- Many trucking cases belong in federal court (interstate commerce, federal regulations)
- Federal court often provides advantages in discovery and case management
- Trucking companies know federal court means serious litigation
- Our ability to file in federal court strengthens settlement negotiations
Most personal injury attorneys lack federal court experience. At Attorney911, we have it—and we use it.
Multi-Million Dollar Results
Our track record speaks for itself:
| Case Type | Settlement | Details |
|---|---|---|
| Traumatic Brain Injury | $5+ Million | Workplace/logging accident, falling log |
| Car Accident + Amputation | $3.8+ Million | Staph infection during treatment |
| Maritime Back Injury | $2+ Million | Jones Act claim, lifting cargo |
| Commercial Truck Crash | $2.5+ Million | Multi-vehicle collision |
| Wrongful Death (Multiple) | Millions | Several fatal 18-wheeler cases |
Total recovered for clients: $50+ million
These aren’t just numbers. They represent families who can afford lifelong care, children whose futures are secured, and victims who received justice when trucking companies tried to minimize their suffering.
4.9-Star Client Satisfaction
Our clients say it better than we can:
“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” — Chad Harris
“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.” — Donald Wilcox
“They fought for me to get every dime I deserved.” — Glenda Walker
“Mr. Manginello and his firm are first class. Will fight tooth and nail for you.” — Ernest Cano
“I lost everything… 1 year later I have gained so much in return plus a brand new truck.” — Kiimarii Yup
“They solved in a couple of months what others did nothing about in two years.” — Angel Walle
251+ Google reviews. 4.9-star average. These aren’t paid testimonials. These are real people whose lives we changed.
Three Office Locations, Serving Bent County and Beyond
With offices in Houston, Austin, and Beaumont, we serve trucking accident victims across Texas and Colorado. For Bent County clients, we offer:
- Remote consultations via phone and video
- Travel to Bent County for case investigation and client meetings
- Coordination with local medical providers and experts
- Full litigation capability in Colorado state and federal courts
Distance is never a barrier to getting the representation you deserve.
Contingency Fee: No Fee Unless We Win
We work on contingency:
- 33.33% if case settles before trial
- 40% if case goes to trial
You pay nothing upfront. We advance all investigation costs. If we don’t win, you owe us nothing.
This means you can afford the same quality of representation as the trucking company—without worrying about hourly legal bills while you’re unable to work.
Hablamos Español: Lupe Peña
For Bent County’s Spanish-speaking community, we offer direct representation without interpreters. Lupe Peña is fluent in Spanish and provides culturally competent legal services.
Hablamos Español. Llame al 1-888-ATTY-911.
What to Do After an 18-Wheeler Accident in Bent County
If you’ve been in a trucking accident in Bent County, the actions you take in the hours and days afterward can determine whether you receive full compensation or struggle with unpaid medical bills for years.
Immediately at the Scene (If You’re Able)
-
Call 911. Report the accident and request emergency medical services even if injuries seem minor. Adrenaline masks pain, and internal injuries may not be immediately apparent.
-
Document everything. If you’re physically able, photograph:
- All vehicles involved, including damage
- The truck’s DOT number and company name
- License plates of all vehicles
- The accident scene, including road conditions, skid marks, and debris
- Your injuries
- Any witnesses and their contact information
-
Exchange information. Get the truck driver’s:
- Name and contact information
- CDL number
- Insurance information
- Employer/trucking company name
- DOT number
-
Do NOT admit fault. Even saying “I’m sorry” can be used against you. Stick to facts when speaking with police.
-
Seek medical attention. Let EMS evaluate you at the scene. If they recommend hospital transport, go. If you decline transport, seek medical evaluation within 24 hours.
In the Days Following
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Follow all medical advice. Attend all appointments, take prescribed medications, and follow treatment recommendations. Gaps in treatment give insurance companies ammunition to claim your injuries aren’t serious.
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Keep a journal. Document your pain levels, limitations, emotional state, and how the injuries affect your daily life. This contemporaneous record becomes powerful evidence.
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Preserve evidence. Keep damaged clothing, vehicle parts, and any physical evidence from the accident. Photograph your injuries as they heal.
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Do NOT give recorded statements. The trucking company’s insurance adjuster will call asking for a “statement.” Politely decline and refer them to your attorney. Anything you say will be used to minimize your claim.
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Do NOT post on social media. Insurance companies monitor social media for posts they can use against you. Even innocent photos of you smiling at a family event can be twisted to argue you’re not really injured.
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Contact an experienced trucking accident attorney. The trucking company already has lawyers. You need someone fighting for you.
Frequently Asked Questions: Bent County 18-Wheeler Accidents
How long do I have to file a lawsuit after a trucking accident in Bent County?
In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the clock starts from the date of death.
However, you should never wait that long. Critical evidence in trucking cases disappears quickly:
- ECM/black box data can be overwritten in 30 days
- ELD logs may be purged after 6 months
- Dashcam footage is often deleted within 7-14 days
- Witness memories fade within weeks
Contact Attorney911 immediately at 1-888-ATTY-911. We’ll send a spoliation letter within 24 hours to preserve critical evidence.
What if I was partially at fault for the accident?
Colorado follows a modified comparative negligence system with a 50% bar. This means:
- If you are less than 50% at fault, you can recover damages reduced by your percentage of fault
- If you are 50% or more at fault, you recover nothing
Example: If your damages total $500,000 and you are found 20% at fault, you recover $400,000 (80% of total damages). If you are found 50% at fault, you recover $0.
The trucking company and their insurance will try to blame you. They’ll claim you were speeding, distracted, or failed to react properly. Without experienced attorneys who know how to gather and present evidence, you could be unfairly assigned 50% or more fault—destroying your right to recovery.
At Attorney911, we fight back. We subpoena ECM data to prove exactly what happened. We analyze ELD logs to show driver fatigue. We reconstruct accidents to prove the truck driver was at fault. We don’t let trucking companies shift blame onto innocent victims.
How much is my trucking accident case worth?
Case values depend on many factors unique to your situation:
Severity of Injuries:
- Soft tissue injuries: $15,000 – $60,000
- Moderate injuries with surgery: $150,000 – $500,000
- Serious injuries (herniated disc with surgery): $346,000 – $1,205,000
- Catastrophic injuries:
- Traumatic brain injury: $1,548,000 – $9,838,000+
- Spinal cord injury: $4,770,000 – $25,880,000+
- Amputation: $1,945,000 – $8,630,000
- Wrongful death: $1,910,000 – $9,520,000
Other Factors Affecting Value:
- Medical expenses (past and future)
- Lost income and earning capacity
- Pain and suffering
- Degree of defendant’s negligence
- Insurance coverage available
- Number of liable parties
- Punitive damages potential
Trucking companies carry higher insurance than passenger vehicles—minimum $750,000 for non-hazardous freight, $1 million for oil and equipment, $5 million for hazardous materials. Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.
At Attorney911, we’ve recovered $50+ million for clients across all practice areas. We know how to maximize your recovery by identifying all liable parties, proving the full extent of your damages, and negotiating from strength—or taking your case to trial if necessary.
Call 1-888-ATTY-911 for a free case evaluation. We’ll give you an honest assessment of your case’s potential value.
Will my case go to trial?
Most trucking accident cases settle before trial, but we prepare every case as if it’s going to trial. Here’s why this matters:
Why Cases Settle:
- Trials are expensive and time-consuming for both sides
- Outcomes are uncertain—juries are unpredictable
- Both sides often prefer guaranteed results over risk
- Insurance companies want to avoid bad publicity from trials
Why Cases Go to Trial:
- Insurance company refuses fair compensation
- Liability is genuinely disputed
- Punitive damages are sought for egregious conduct
- The trucking company has a pattern of violations that should be exposed
Our Approach:
At Attorney911, we prepare every case for trial from day one. This means:
- We gather all evidence immediately, before it can be destroyed
- We hire the best experts—accident reconstructionists, medical specialists, vocational experts, economists
- We build a compelling narrative that shows exactly what the trucking company did wrong
- We file lawsuits promptly, showing we’re serious
Insurance companies know which lawyers are willing to go to trial—and they offer better settlements to clients with trial-ready attorneys. Our preparation creates leverage that gets results.
Ralph Manginello has been trying cases since 1998. When we say we’re ready for trial, we mean it. And trucking companies know it.
How do I pay for an attorney?
At Attorney911, we work on contingency fee—you pay nothing unless we win your case.
How It Works:
- Free initial consultation — We evaluate your case at no cost
- No upfront fees — We advance all investigation and litigation costs
- We only get paid if you win — Our fee comes from your recovery, not your pocket
- Standard fee structure:
- 33.33% if case settles before trial
- 40% if case goes to trial
What This Means for You:
You can afford the same quality of representation as the trucking company—without worrying about hourly legal bills while you’re unable to work. You can focus on healing while we focus on winning your case.
If we don’t win, you owe us nothing. That’s our commitment to you.
Call 1-888-ATTY-911 for your free consultation. Let’s discuss your case and how we can help.
What if the truck driver was an independent contractor?
Owner-operator arrangements complicate liability, but they don’t eliminate it. Multiple parties may still be liable:
The Owner-Operator:
- Personally liable for their own negligence
- May carry individual insurance
- May have assets that can satisfy a judgment
The Motor Carrier (Trucking Company):
- May be vicariously liable if they exercised sufficient control over the owner-operator
- May be directly liable for negligent selection of the carrier
- Often carries primary insurance that covers owner-operators under their authority
The Broker or Shipper:
- May be liable for negligent selection of an unsafe carrier
- May have contractual insurance requirements that create coverage
At Attorney911, we investigate the relationship between all parties. We’ve found that what appears to be a simple owner-operator case often involves multiple insurance policies and liable parties. Our thorough investigation maximizes your recovery.
How do I find out if the trucking company has a bad safety record?
FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain and analyze:
- CSA (Compliance, Safety, Accountability) scores — Overall safety rating and percentile rankings in key areas
- Inspection history — Out-of-service rates, violation patterns
- Crash history — Frequency and severity of accidents
- Safety rating — Satisfactory, conditional, or unsatisfactory
A poor safety record proves the company knew it was putting dangerous drivers and vehicles on the road. This supports claims for punitive damages and strengthens settlement negotiations.
At Attorney911, we obtain this data in every case. We’ve found that companies with poor safety records often have patterns of violations that make our clients’ cases stronger.
Your Next Step: Call Attorney911 Now
You’ve read about the physics that make 18-wheeler accidents catastrophic. You’ve learned about the multiple parties who may owe you compensation. You understand why evidence disappears fast and why you need experienced attorneys who know trucking law.
Now it’s time to act.
The trucking company already has lawyers. Their insurance adjuster is already working to minimize what they pay you. What are you doing?
At Attorney911, we’re ready to fight for you. Ralph Manginello’s 25+ years of experience. Lupe Peña’s insider knowledge of insurance company tactics. Our team’s commitment to treating you like family, not a case number.
Call 1-888-ATTY-911 now.
- Free consultation
- No fee unless we win
- 24/7 availability
- Hablamos Español
The clock started the moment that truck hit you. Within 48 hours, critical evidence can be overwritten—and the trucking company knows it. Call now before it’s gone.
Attorney911. Because trucking companies shouldn’t get away with it.
Attorney911 / The Manginello Law Firm, PLLC
Managing Partner: Ralph P. Manginello, 25+ years experience
Associate Attorney: Lupe E. Peña, former insurance defense
Offices: Houston, Austin, Beaumont — Serving Bent County, Colorado and nationwide
Phone: 1-888-ATTY-911 (1-888-288-9911)
Email: ralph@atty911.com | lupe@atty911.com
Website: https://attorney911.com
Contingency fee: 33.33% pre-trial, 40% if trial required. No fee unless we win.