Custer County 18-Wheeler Accident Attorneys | Attorney911
When 80,000 Pounds Changes Everything: Your Fight Starts Here
The truck driver had been on the road for 14 hours. That’s illegal. And now you’re paying the price.
Every 16 minutes, someone in America is injured in a commercial truck crash. On Custer County’s highways—where I-25 meets the mountain passes and long-haul corridors slice through Colorado’s high country—that risk is even higher. The combination of steep grades, sudden weather changes, and relentless freight traffic creates deadly conditions for drivers like you.
If you’ve been hurt in an 18-wheeler accident in Custer County, you need more than a lawyer—you need a fighter. Ralph Manginello has spent over 25 years taking on trucking companies and winning. He’s admitted to federal court, has litigated against Fortune 500 corporations, and has recovered multi-million dollar settlements for families just like yours.
The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. What are you doing?
Call 1-888-ATTY-911 now. Free consultation. 24/7 availability.
Why Custer County 18-Wheeler Accidents Are Different
Custer County sits at the crossroads of Colorado’s most challenging trucking terrain. The county’s position along the I-25 corridor—connecting Denver to New Mexico—means constant heavy truck traffic. But it’s the mountain passes, elevation changes, and weather extremes that make Custer County particularly dangerous for 18-wheeler accidents.
The Geography of Danger
Colorado’s mountain highways present unique hazards that flatland truckers may not anticipate:
- Steep Grades: The climb from Walsenburg to La Veta Pass on US-160 reaches 9,400 feet, with 6% grades that test brake systems
- Runaway Truck Ramps: Colorado has 13 runaway truck ramps—concrete chutes filled with loose aggregate designed to stop trucks with failed brakes
- Chain Laws: From September 1 to May 31, commercial vehicles must carry chains on I-70, I-25, and other designated routes
- Elevation Effects: At Custer County’s elevations (6,000-9,000+ feet), engines lose power, brakes overheat faster, and weather changes suddenly
Weather Hazards Specific to Custer County
The county’s location in the Wet Mountain Valley and surrounding high country creates dangerous winter conditions:
- Sudden Snowstorms: Mountain weather can change from clear to blizzard conditions in minutes
- Black Ice: Invisible ice on shaded curves and bridges causes loss of control
- High Winds: Gusts exceeding 60 mph on exposed ridges affect high-profile trailers
- Limited Visibility: Fog and blowing snow reduce reaction times on narrow mountain roads
The Human Cost
These conditions aren’t abstract—they cause real devastation. When an 80,000-pound truck loses control on a mountain grade, the physics are unforgiving. Stopping distances extend dramatically. Runaway trucks reach speeds that make evasion impossible. And the injuries—traumatic brain injuries, spinal cord damage, amputations, burns, wrongful death—change lives forever.
Ralph Manginello has seen this devastation firsthand. For over 25 years, he’s fought for families across Colorado and beyond who’ve faced the aftermath of catastrophic trucking accidents. His federal court admission means he can handle complex interstate cases. His experience against Fortune 500 corporations—including BP in the Texas City refinery explosion litigation—means he doesn’t back down from powerful defendants.
If you’ve been hurt in a Custer County trucking accident, you need that experience on your side. Call 1-888-ATTY-911.
The 10 Potentially Liable Parties in Your Custer County 18-Wheeler Accident
Most law firms only sue the driver and trucking company. That’s a mistake—and it costs victims millions.
At Attorney911, we investigate EVERY potentially liable party because more defendants means more insurance coverage means higher compensation for you. Here’s who we look at in every Custer County trucking accident:
1. The Truck Driver
The most obvious defendant—but rarely the only one. We pursue drivers for:
- Speeding or reckless driving on Custer County’s mountain grades
- Distracted driving (cell phone, GPS, dispatch communications)
- Fatigued driving beyond federal 11-hour limits
- Impaired driving (drugs, alcohol, prescription medications)
- Failure to conduct proper pre-trip inspections
- Violation of Colorado traffic laws and federal trucking regulations
Evidence we gather: Driving record, ELD data, drug/alcohol tests, cell phone records, training history, previous accidents.
2. The Trucking Company / Motor Carrier
This is where the real money is. Trucking companies carry $750,000 to $5 million in insurance—far more than individual drivers.
We hold companies liable through:
Vicarious Liability (Respondeat Superior):
- The driver was an employee, not an independent contractor
- Acting within the scope of employment when the crash occurred
Direct Negligence:
- Negligent Hiring: Failed to check the driver’s background, CDL status, or safety record before putting them on Custer County highways
- Negligent Training: Inadequate training on mountain driving, brake management on grades, or hours-of-service compliance
- Negligent Supervision: Failed to monitor ELD data, ignored HOS violations, or didn’t address known safety problems
- Negligent Maintenance: Deferred brake repairs, ignored tire wear, or failed to maintain vehicles for mountain conditions
- Negligent Scheduling: Pressured drivers to violate hours-of-service regulations to meet delivery deadlines
Evidence we gather: Driver Qualification Files, training records, dispatch logs, maintenance records, CSA safety scores, company safety policies.
3. Cargo Owner / Shipper
The company that owned the cargo being transported may share liability if they:
- Required overweight loading that exceeded safe limits for mountain grades
- Failed to disclose hazardous nature of cargo
- Provided improper loading instructions that caused instability
- Pressured the carrier to expedite delivery beyond safe driving limits
Common in Custer County: Agricultural shippers (hay, livestock), mining equipment, oil and gas supplies.
4. Cargo Loading Company
Third-party warehouses or loading facilities that physically loaded the truck may be liable for:
- Improper cargo securement violating 49 CFR § 393.100-136
- Unbalanced load distribution causing instability on curves
- Failure to use proper blocking, bracing, or friction mats
- Inadequate tiedowns for cargo weight and mountain driving conditions
5. Truck and Trailer Manufacturer
When equipment failure causes crashes, we pursue manufacturers for:
- Design defects in brake systems, stability control, or fuel tank placement
- Manufacturing defects in critical components
- Failure to warn of known dangers in mountain operation
- Defective safety systems (ABS, ESC, collision warning)
6. Parts Manufacturer
Component failures can be traced to specific manufacturers:
- Defective brakes or brake components
- Defective tires causing blowouts (common in Custer County’s extreme temperature variations)
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
7. Maintenance Company
Third-party repair shops may be liable for:
- Negligent repairs that failed to fix safety problems
- Failure to identify critical brake or tire issues
- Improper brake adjustments for mountain driving
- Using substandard or incorrect parts
- Returning vehicles to service with known defects
8. Freight Broker
Brokers who arranged the shipment may be liable for:
- Negligent selection of carrier with poor safety record
- Failure to verify carrier insurance and operating authority
- Failure to check carrier CSA scores before hiring
- Selecting cheapest carrier despite known safety concerns
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may be liable for:
- Negligent entrustment of vehicle to unqualified driver
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness to operate
10. Government Entity
Federal, state, or local government may share liability for:
- Dangerous road design on Custer County highways (inadequate banking on curves, insufficient runaway truck ramps)
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards (steep grade warnings, chain law notices)
- Failure to install safety barriers
- Improper work zone setup
Special considerations: Government claims have strict notice requirements and shorter deadlines. Sovereign immunity may limit recovery.
Why Multiple Defendants Matter: The Insurance Stacking Advantage
Here’s what most victims don’t understand: every liable party carries separate insurance. When we identify multiple defendants, we access multiple insurance policies—dramatically increasing your potential recovery.
Example Scenario:
- Truck driver: $1 million policy
- Trucking company: $5 million policy
- Cargo loader: $2 million policy
- Maintenance company: $1 million policy
Total available coverage: $9 million
A firm that only sues the driver and company leaves $3 million on the table. We don’t make that mistake.
Ralph Manginello’s 25+ years of experience includes going toe-to-toe with the world’s largest corporations. The BP Texas City refinery explosion litigation—where 15 workers were killed and 170+ injured—taught him how to handle complex, multi-defendant cases against well-funded opponents. That experience now protects families in Custer County and across Colorado.
Don’t let the trucking company limit your recovery. Call 1-888-ATTY-911 to identify every liable party in your case.
FMCSA Regulations: The Federal Rules That Prove Negligence
Every 18-wheeler on Custer County’s highways must comply with federal safety regulations. When trucking companies and drivers break these rules, they create the dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to winning your case.
The Six Critical Parts of Federal Trucking Law
| Part | Title | What It Covers | Why It Matters for Your Case |
|---|---|---|---|
| 49 CFR Part 390 | General Applicability | Who must comply with regulations | Establishes the trucking company was subject to federal safety requirements |
| 49 CFR Part 391 | Driver Qualification | Who can drive, medical requirements, training | Proves negligent hiring if driver was unqualified |
| 49 CFR Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol | Shows driver violated basic safety rules |
| 49 CFR Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights | Proves equipment failures caused the crash |
| 49 CFR Part 395 | Hours of Service | How long drivers can drive, required rest | Fatigue violations are leading cause of accidents |
| 49 CFR Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records | Deferred maintenance proves company negligence |
Hours of Service: The Most Commonly Violated Regulation
Fatigued driving causes approximately 31% of fatal truck crashes. Federal law limits driving time to prevent exhaustion:
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, delayed reaction times |
| 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 | Sustained fatigue without rest |
| 60/70-Hour Weekly 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, circadian disruption |
Electronic Logging Devices (ELDs):
Since December 18, 2017, most CMV drivers must use ELDs that automatically record driving time and synchronize with the vehicle engine. Unlike paper logs, ELDs cannot be easily falsified. They record:
- Exact driving hours and duty status
- GPS location and route history
- Speed and engine performance
- Any HOS violations in real-time
This data is objective evidence that often contradicts what drivers claim about their rest and alertness.
Cargo Securement: When Shifting Loads Cause Crashes
Federal regulations require cargo to 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 (49 CFR § 393.102):
Cargo securement systems must withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
When cargo shifts on Custer County’s mountain curves, the center of gravity changes instantly. Rollovers follow. We investigate loading records, tiedown specifications, and weight distribution in every cargo-related crash.
Brake System Requirements: When Maintenance Failures Kill
Brake problems are a factor in approximately 29% of large truck crashes. Federal law mandates:
Required Brake Systems (49 CFR § 393.40):
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems meeting specific requirements
- Brake adjustment within specifications
Inspection Requirements (49 CFR § 396):
- Pre-trip inspection before every trip
- Post-trip report documenting any defects
- Annual comprehensive inspection
- Immediate repair of any safety defects
When trucking companies defer brake maintenance to save money, they gamble with lives. On Custer County’s steep grades, brake failure doesn’t just cause an accident—it causes a catastrophe. We subpoena maintenance records, inspection reports, and mechanic work orders to prove when companies knew their trucks were unsafe.
The 48-Hour Evidence Preservation Protocol: Why Time Is Your Enemy
In Custer County 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of a crash. If you don’t act immediately, critical evidence will be lost forever.
Critical Evidence Timelines
| Evidence Type | Destruction Risk | Why It Matters |
|---|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events | Proves speed, braking, throttle position before crash |
| ELD Records | May be retained only 6 months | Documents hours-of-service violations, driver fatigue |
| Dashcam Footage | Often deleted within 7-14 days | Shows driver’s behavior, road conditions, crash sequence |
| Surveillance Video | Business cameras typically overwrite in 7-30 days | Independent witness to crash from nearby businesses |
| Witness Memory | Fades significantly within weeks | Critical for establishing fault and crash dynamics |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped | Damage patterns prove impact forces and fault |
| Drug/Alcohol Tests | Must be conducted within specific windows | Proves impairment at time of crash |
The Spoliation Letter: Your Legal 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
- Training documentation
- 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 have 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 mountain 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 immediately to preserve this data.
Catastrophic Injuries: When Trucks Destroy Lives
The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception.
The Brutal Mathematics of Mass
| Factor | 18-Wheeler | Passenger Car | Difference |
|---|---|---|---|
| Weight | Up to 80,000 lbs | 3,500-4,000 lbs | 20-25x heavier |
| Stopping Distance at 65 mph | ~525 feet (2 football fields) | ~300 feet | 75% longer |
| Impact Force | 80x kinetic energy of car | Baseline | Devastating transfer |
When an 80,000-pound truck traveling at highway speed strikes a passenger vehicle, the energy transfer is catastrophic. The smaller vehicle’s safety systems—crumple zones, airbags, seatbelts—are designed for collisions with similar-sized vehicles, not vehicles weighing 20 times more.
Traumatic Brain Injury (TBI): The Invisible Catastrophe
TBI 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—even without direct head contact.
Severity Levels:
| Level | Symptoms | Long-Term Impact |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief unconsciousness | Usually recovers, but may have lasting cognitive effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with intensive rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
Common TBI Symptoms:
- Headaches, dizziness, nausea
- Memory loss, confusion, difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity
Attorney911 has recovered $1,548,000 to $9,838,000+ 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.”
Spinal Cord Injury: When Mobility Ends
Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
| Type | Definition | Lifetime Care Costs |
|---|---|---|
| Paraplegia | Loss of function below the waist | $1.1 million to $2.5 million+ |
| Quadriplegia | Loss of function in all four limbs | $3.5 million to $5 million+ |
| Incomplete Injury | Some nerve function remains | Variable—may have some sensation/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 preserve arm function
Attorney911 has secured $4,770,000 to $25,880,000+ for spinal cord injury cases.
Amputation: Permanent Loss
Types of Amputation in Trucking Accidents:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Common Causes in 18-Wheeler Accidents:
- 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
Attorney911 has recovered $1,945,000 to $8,630,000 for amputation cases.
Severe Burns
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 |
Internal Organ Damage
Common internal injuries from trucking accidents include liver laceration, spleen damage, kidney injury, lung contusion, internal bleeding, and bowel damage. These injuries are particularly dangerous because symptoms may not appear immediately, and internal bleeding can be life-threatening without emergency surgery.
Wrongful Death
When a trucking accident kills a loved one, Colorado law allows surviving family members to pursue wrongful death claims. Available damages include lost future income and benefits, loss of companionship and guidance, mental anguish, funeral expenses, medical costs before death, and potentially punitive damages for gross negligence.
Attorney911 has recovered $1,910,000 to $9,520,000 for wrongful death cases involving 18-wheeler accidents.
The 48-Hour Evidence Preservation Protocol: Act Now or Lose Everything
In Custer County 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of a crash. If you don’t act immediately, critical evidence will be lost forever.
Critical Evidence Timelines
| Evidence Type | Destruction Risk | Why It Matters for Your Custer County Case |
|---|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events | Proves speed, braking, throttle on mountain grades |
| ELD Records | May be retained only 6 months | Documents hours-of-service violations, driver fatigue |
| Dashcam Footage | Often deleted within 7-14 days | Shows driver’s behavior, road conditions, crash sequence |
| Surveillance Video | Business cameras typically overwrite in 7-30 days | Independent witness from Custer County businesses |
| Witness Memory | Fades significantly within weeks | Critical for establishing fault and crash dynamics |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped | Damage patterns prove impact forces and fault |
| Drug/Alcohol Tests | Must be conducted within specific windows | Proves impairment at time of crash |
The Spoliation Letter: Your Legal 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
- Training documentation
- 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 have 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 mountain 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 through Custer County
- 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 immediately to preserve this data.
Colorado State Law: Your Rights After a Custer County Trucking Accident
Understanding Colorado’s specific legal framework is essential for maximizing your recovery after an 18-wheeler accident in Custer County.
Statute of Limitations: The Clock Is Ticking
| Claim Type | Deadline | Critical Notes |
|---|---|---|
| Personal Injury | 2 years from accident date | Missing this deadline bars recovery forever |
| Wrongful Death | 2 years from date of death | Separate from personal injury claim |
| Property Damage | 3 years from accident date | Vehicle damage claims |
| Government Claims | 182 days (6 months) notice | Strict deadline for claims against CDOT or other government entities |
The Danger of Waiting: While you have two years to file a lawsuit, waiting is dangerous. Evidence disappears, witnesses forget, and trucking companies build their defenses. We recommend contacting an attorney within days, not months.
Comparative Negligence: Colorado’s 50% Bar Rule
Colorado follows modified comparative negligence with a 50% bar. This means:
- You can recover damages if you are 50% or less at fault
- Your recovery is reduced by your percentage of fault
- If you are more than 50% at fault, you recover nothing
Example: If your damages are $500,000 and you are found 20% at fault, you recover $400,000 (80% of total). If you are found 51% at fault, you recover $0.
Why This Matters: Trucking companies and their insurers will try to shift blame to you. Our job is to investigate thoroughly, gather objective evidence (ECM data, ELD records, witness statements), and prove what really happened. The data tells the true story—not the driver’s self-serving account.
Damage Caps: Colorado’s Limitations
Non-Economic Damages Cap:
- $300,000 for pain and suffering in most personal injury cases
- Can increase to $500,000 with “clear and convincing evidence”
Punitive Damages Cap:
- Equal to compensatory damages (1:1 ratio)
- Requires “clear and convincing evidence” of willful and wanton conduct
Important Exceptions:
- No cap on economic damages (medical bills, lost wages, future care)
- No cap in wrongful death cases (except for non-economic damages)
- Federal preemption may apply in some trucking cases, potentially overriding state caps
Strategic Implications: While Colorado’s caps limit some damages, experienced attorneys know how to maximize recovery within these boundaries—and when federal law or exceptions may apply. The key is building a comprehensive damages case that captures all economic losses and pursues every available avenue for non-economic and punitive damages.
Colorado-Specific Trucking Considerations
Mountain Driving Requirements:
- Chain laws in effect September 1 – May 31 on designated routes
- Runaway truck ramps strategically placed on steep grades
- Reduced speed limits for trucks on mountain passes
- Hazmat restrictions on some tunnels and passes
Weather-Related Liability:
- Drivers must adjust speed for conditions (49 CFR § 392.14)
- Failure to use chains when required is negligence
- Continuing to drive in hazardous conditions may be reckless
Port of Entry/Weigh Stations:
- Colorado operates permanent and portable weigh stations
- Overweight violations create liability for cargo owners and loaders
- Bypassing weigh stations is a serious violation
18-Wheeler Accident Types: What Can Happen on Custer County Roads
Every type of trucking accident carries unique dangers on Custer County’s mountain highways. Understanding these accident types helps us investigate your case and prove negligence.
Jackknife Accidents: When Control Is Lost
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 Jackknives Happen on Custer County Roads:
- Sudden braking on wet or icy mountain roads
- Speeding on curves without reducing for conditions
- Empty or lightly loaded trailers (more prone to swing on mountain grades)
- Brake system failures from overheating on long descents
- Driver inexperience with emergency maneuvers in mountain conditions
The Custer County Danger: Jackknives on I-25 or US-160 can block multiple lanes instantly, with no escape route for vehicles on steep grades or narrow mountain sections. Multi-vehicle pileups follow.
FMCSA Violations: 49 CFR § 393.48 (brake system malfunction), 49 CFR § 393.100 (improper cargo securement), 49 CFR § 392.6 (speeding for conditions)
Rollover Accidents: Gravity Wins
A rollover occurs when an 18-wheeler tips onto its side or roof. Due to high center of gravity and massive weight, rollovers are among the most catastrophic trucking accidents.
Why Rollovers Devastate Custer County Drivers:
- Speeding on curves, ramps, or turns—especially dangerous on mountain passes with 6% grades
- Taking turns too sharply at excessive speed
- Improperly secured or unevenly distributed cargo shifting on curves
- Liquid cargo “slosh” changing center of gravity
- Overcorrection after tire blowout or lane departure on narrow mountain roads
The Physics: A fully loaded truck on a 6% grade carries enormous potential energy. When that energy shifts laterally on a curve, the center of gravity moves outside the stability triangle. Gravity does the rest.
FMCSA Violations: 49 CFR § 393.100-136 (cargo securement violations), 49 CFR § 392.6 (exceeding safe speed), 49 CFR § 392.3 (operating while fatigued)
Underride Collisions: The Decapitation Risk
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 shears off the passenger compartment at windshield level.
The Horror of Underride:
- 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 (advocacy ongoing)
Why Underrides Happen on Custer County Roads:
- Inadequate or missing underride guards
- Worn or damaged rear impact guards
- Truck sudden stops without adequate warning on steep grades
- Low visibility conditions (night, fog, mountain weather)
- Truck lane changes into blind spots on narrow mountain sections
- Wide right turns cutting off traffic
FMCSA/NHTSA Requirements: 49 CFR § 393.86 requires rear impact guards on trailers manufactured after January 26, 1998. Guards must prevent underride at 30 mph impact. NO FEDERAL REQUIREMENT for side underride guards.
Rear-End Collisions: The Physics of Mass
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 massive weight and longer stopping distances, these accidents cause devastating injuries.
The Stopping Distance Problem:
- 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)
- On Custer County’s steep grades, stopping distances extend even further
Why Rear-End Collisions Happen:
- Following too closely (tailgating) on mountain grades
- Driver distraction (cell phone, dispatch communications)
- Driver fatigue and delayed reaction
- Excessive speed for traffic or weather conditions
- Brake failures from poor maintenance or overheating on descents
- Failure to anticipate traffic slowdowns on steep grades
FMCSA Violations: 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)
Wide Turn Accidents: The “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 Trucks Must Swing Wide:
- 18-wheelers need significant space to complete turns
- Trailer tracks inside the path of the cab
- Drivers must swing wide to avoid curbs, signs, or buildings
Why Wide Turn Accidents Happen:
- 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
Blind Spot Accidents: The “No-Zone” Danger
Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots.
The Four No-Zones:
| Zone | Location | Danger Level |
|---|---|---|
| Front No-Zone | 20 feet directly in front of cab | Driver cannot see low vehicles |
| Rear No-Zone | 30 feet behind trailer | No rear-view mirror visibility |
| Left Side No-Zone | Extends from cab door backward | Smaller than right side |
| Right Side No-Zone | Extends from cab door backward, much larger | MOST DANGEROUS |
Right-side blind spot accidents are especially dangerous due to the larger blind spot area. Many occur during lane changes on I-25 or US-160.
Tire Blowout Accidents: When Rubber Fails
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 on Custer County Roads:
- Underinflated tires causing overheating on long climbs
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures on mountain highways
- Manufacturing defects
- Improper tire matching on dual wheels
- Heat buildup on long hauls
- Extreme temperature variations in Colorado’s high country
FMCSA Requirements: 49 CFR § 393.75 requires minimum tread depth of 4/32″ on steer tires, 2/32″ on other positions. Pre-trip inspection must include tire check per 49 CFR § 396.13.
Brake Failure Accidents: When Systems Collapse
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.
The Mountain Braking Problem:
Brake problems are a factor in approximately 29% of large truck crashes. On Custer County’s steep grades, the problem is magnified:
- Brake Fade: Repeated braking on long descents overheats brake drums, reducing effectiveness
- Improper Downshifting: Drivers who rely on brakes instead of engine braking overload the system
- Deferred Maintenance: Worn brake pads, improper adjustment, air system leaks
- Inadequate Pre-Trip Inspections: Drivers who don’t check brake adjustment before mountain routes
FMCSA Requirements: 49 CFR §§ 393.40-55 specify brake system requirements. 49 CFR § 396.3 requires systematic inspection and maintenance. 49 CFR § 396.11 requires driver post-trip reports on brake condition.
Cargo Spill and Shift Accidents: When Loads Move
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 on Mountain Roads:
- Inadequate Tiedowns: Insufficient number or strength for mountain driving forces
- Improper Loading Distribution: Unbalanced loads that shift on curves
- Failure to Use Blocking/Bracing: Missing friction mats or blocking on steep grades
- Liquid Cargo Slosh: Tanker loads that surge on curves, changing center of gravity
- Failure to Re-Inspect: Not checking cargo securement after rough road sections
FMCSA Requirements: 49 CFR §§ 393.100-136 establish complete cargo securement standards. Working load limits for tiedowns are specified. Performance criteria require securement systems to withstand 0.8g forward deceleration, 0.5g rearward acceleration, 0.5g lateral force, and 20% downward force.
Head-On Collisions: The Deadliest Impact
Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.
Why Head-Ons Happen on Custer County Roads:
- Driver Fatigue: Falling asleep on long hauls through monotonous terrain
- Mountain Curve Misjudgment: Crossing center line on blind curves
- Weather-Related Loss of Control: Ice, snow, or fog causing lane departure
- Impaired Driving: Drugs, alcohol, or prescription medications
- Medical Emergency: Heart attack, seizure, or other incapacitating event
- Overcorrection: After running off road, driver overcorrects into oncoming lane
The Physics: Head-on collisions combine both vehicles’ speeds. A 65 mph truck striking a 55 mph car creates a 120 mph effective impact force. These accidents are almost always fatal or cause catastrophic injuries.
FMCSA Violations: 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).
FMCSA Regulations: The Federal Rules That Prove Negligence
Every 18-wheeler on Custer County’s highways must comply with federal safety regulations. 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 winning your case.
The Six Critical Parts of Federal Trucking Law
| Part | Title | What It Covers | Why It Matters for Your Custer County Case |
|---|---|---|---|
| 49 CFR Part 390 | General Applicability | Who must comply with regulations | Establishes the trucking company was subject to federal safety requirements |
| 49 CFR Part 391 | Driver Qualification | Who can drive, medical requirements, training | Proves negligent hiring if driver was unqualified for mountain routes |
| 49 CFR Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol | Shows driver violated basic safety rules on Custer County roads |
| 49 CFR Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights | Proves equipment failures caused the crash |
| 49 CFR Part 395 | Hours of Service | How long drivers can drive, required rest | Fatigue violations are leading cause of mountain accidents |
| 49 CFR Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records | Deferred maintenance proves company negligence |
Hours of Service: The Most Commonly Violated Regulation
Fatigued driving causes approximately 31% of fatal truck crashes. Federal law limits driving time to prevent exhaustion:
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, delayed reaction times on mountain curves |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Driver exhaustion, impaired judgment on steep grades |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | Sustained fatigue without rest, critical on long mountain hauls |
| 60/70-Hour Weekly 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, circadian disruption |
Electronic Logging Devices (ELDs):
Since December 18, 2017, most CMV drivers must use ELDs that automatically record driving time and synchronize with the vehicle engine. Unlike paper logs, ELDs cannot be easily falsified. They record exact driving hours, GPS location and route history, speed and engine performance, and any HOS violations in real-time.
This data is objective evidence that often contradicts what drivers claim about their rest and alertness.
Cargo Securement: When Shifting Loads Cause Crashes
Federal regulations require cargo to be contained, immobilized, or secured to prevent leaking, spilling, blowing, or falling from the vehicle; shifting that affects vehicle stability or maneuverability; and blocking the driver’s view or interfering with operation.
Performance Criteria (49 CFR § 393.102):
Cargo securement systems must withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
When cargo shifts on Custer County’s mountain curves, the center of gravity changes instantly. Rollovers follow. We investigate loading records, tiedown specifications, and weight distribution in every cargo-related crash.
Brake System Requirements: When Maintenance Failures Kill
Brake problems are a factor in approximately 29% of large truck crashes. Federal law mandates:
Required Brake Systems (49 CFR § 393.40):
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems meeting specific requirements
- Brake adjustment within specifications
Inspection Requirements (49 CFR § 396):
- Pre-trip inspection before every trip
- Post-trip report documenting any defects
- Annual comprehensive inspection
- Immediate repair of any safety defects
When trucking companies defer brake maintenance to save money, they gamble with lives. On Custer County’s steep grades, brake failure doesn’t just cause an accident—it causes a catastrophe. We subpoena maintenance records, inspection reports, and mechanic work orders to prove when companies knew their trucks were unsafe.
Insurance Coverage: Why Trucking Cases Are High-Value
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Federal Minimum Liability Limits
| Cargo Type | Minimum Coverage |
|---|---|
| Non-Hazardous Freight (10,001+ lbs GVWR) | $750,000 |
| Oil/Petroleum (10,001+ lbs GVWR) | $1,000,000 |
| Large Equipment (10,001+ lbs GVWR) | $1,000,000 |
| Hazardous Materials (All) | $5,000,000 |
| Passengers (16+ passengers) | $5,000,000 |
| Passengers (15 or fewer) | $1,500,000 |
Why This Matters for Your Custer County Case
Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available—and often much more. Many carriers carry $1-5 million in coverage.
This higher coverage means:
- Catastrophic injuries can be fully compensated
- Lifetime medical care can be funded
- Lost earning capacity can be replaced
- Pain and suffering can be meaningfully addressed
But accessing these policies requires knowing how trucking law works. Insurance companies don’t volunteer coverage—they protect it. That’s where 25 years of experience matters.
Types of Damages Recoverable
Economic Damages (Calculable Losses):
| Category | What’s Included |
|---|---|
| Medical Expenses | Past, present, and future medical costs |
| Lost Wages | Income lost due to injury and recovery |
| Lost Earning Capacity | Reduction in future earning ability |
| Property Damage | Vehicle repair or replacement |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications |
| Life Care Costs | Ongoing care for catastrophic injuries |
Non-Economic Damages (Quality of Life):
| Category | What’s Included |
|---|---|
| Pain and Suffering | Physical pain from injuries |
| Mental Anguish | Psychological trauma, anxiety, depression |
| Loss of Enjoyment | Inability to participate in activities |
| Disfigurement | Scarring, visible injuries |
| Loss of Consortium | Impact on marriage/family relationships |
| Physical Impairment | Reduced physical capabilities |
Punitive Damages (Punishment for Gross Negligence):
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
Colorado’s Punitive Damages Cap: Equal to compensatory damages (1:1 ratio) with “clear and convincing evidence” standard.
Frequently Asked Questions: Custer County 18-Wheeler Accidents
Immediate After-Accident Questions
What should I do immediately after an 18-wheeler accident in Custer County?
If you’ve been in a trucking accident in Custer County, take these steps immediately if you’re able: Call 911 and report the accident. Seek medical attention, even if injuries seem minor—adrenaline masks pain and internal injuries may not show symptoms for hours. Document the scene with photos and video if possible, including vehicle damage, road conditions, and any skid marks. Get the trucking company name, DOT number, and driver information. Collect witness contact information. Do NOT give recorded statements to any insurance company—their adjusters are trained to minimize your claim. Call an 18-wheeler accident attorney immediately.
Should I go to the hospital after a truck accident even if I feel okay?
YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Custer County hospitals and trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim by arguing your injuries weren’t caused by the accident.
What information should I collect at the truck accident scene in Custer County?
Document everything possible: truck and trailer license plates; DOT number (on truck door); trucking company name and logo; driver’s name, CDL number, and contact info; photos of all vehicle damage; photos of the accident scene, road conditions, skid marks; photos of your injuries; witness names and phone numbers; responding officer’s name and badge number; weather and road conditions. Your cellphone is one of the most powerful tools for your case—take more photos than you think you need.
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes Lupe Peña, a former insurance defense attorney who spent years INSIDE the system. He watched adjusters minimize claims. He saw how they train their people to lowball victims. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation.
How quickly should I contact an 18-wheeler accident attorney in Custer County?
IMMEDIATELY—within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever. The clock started the moment that truck hit you. Within 48 hours, critical evidence can be overwritten—and the trucking company knows it.
Trucking Company and Driver Questions
Who can I sue after an 18-wheeler accident in Custer County?
Multiple parties may be liable in trucking accidents: the truck driver; the trucking company/motor carrier; the cargo owner or shipper; the company that loaded the cargo; truck or parts manufacturers; maintenance companies; freight brokers; the truck owner (if different from carrier); and government entities (for road defects). We investigate every possible defendant to maximize your recovery. Most firms only sue the driver and trucking company. That’s a mistake—and it costs victims millions.
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for negligent hiring (hiring unqualified drivers), negligent training (inadequate safety training for mountain driving), negligent supervision (failing to monitor driver behavior), and negligent maintenance (poor vehicle upkeep for high-altitude conditions).
What if the truck driver says the accident was my fault?
Colorado uses a modified comparative negligence system with a 50% bar. Even if you were partially at fault, you may still recover compensation—as long as you’re not more than 50% at fault. Your recovery is reduced by your percentage of fault. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.
Evidence and Investigation Questions
What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data—similar to airplane black boxes. This data can show speed before and during the crash, brake application timing, engine RPM and throttle position, whether cruise control was engaged, and GPS location. This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents—especially dangerous on Custer County’s demanding mountain routes.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.
FMCSA Regulations Questions
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate: maximum 11 hours driving after 10 hours off; cannot drive beyond 14th consecutive hour on duty; 30-minute break required after 8 hours driving; 60/70 hour weekly limits. Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely—especially dangerous on Custer County’s mountain roads where split-second decisions matter.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find: hours of service violations (driving too long); false log entries (lying about driving time); brake system deficiencies; cargo securement failures; drug and alcohol violations; unqualified drivers (no valid CDL or medical certificate); failure to inspect vehicles.
Injury and Medical Questions
What injuries are common in 18-wheeler accidents in Custer County?
Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries: traumatic brain injury (TBI); spinal cord injuries and paralysis; amputations; severe burns; internal organ damage; multiple fractures; wrongful death.
How much are 18-wheeler accident cases worth in Custer County?
Case values depend on many factors: severity of injuries; medical expenses (past and future); lost income and earning capacity; pain and suffering; degree of defendant’s negligence; insurance coverage available. Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.
Legal Process Questions
How long do I have to file an 18-wheeler accident lawsuit in Custer County?
In Colorado, you have 2 years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death, you have 2 years from the date of death. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
How long do trucking accident cases take to resolve?
Timelines vary: simple cases with clear liability may resolve in 6-12 months; complex cases with multiple parties typically take 1-3 years; cases that go to trial may take 2-4 years. We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
Insurance Questions
How much insurance do trucking companies carry?
Federal law requires minimum liability coverage: $750,000 for non-hazardous freight; $1,000,000 for oil, large equipment; $5,000,000 for hazardous materials. Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.
What if multiple insurance policies apply to my accident?
Trucking cases often involve multiple policies: motor carrier’s liability policy; trailer interchange coverage; cargo insurance; owner-operator’s policy; excess/umbrella coverage. We identify all available coverage to maximize your recovery.
Why Choose Attorney911 for Your Custer County 18-Wheeler Accident
Ralph Manginello: 25+ Years Fighting for Victims
Ralph P. Manginello has been fighting for injury victims since 1998. As the founding Managing Partner of Attorney911, he has built a reputation for aggressive representation of trucking accident victims across Colorado and beyond.
Credentials That Matter:
- 25+ years of courtroom experience
- Federal court admission to U.S. District Court, Southern District of Texas
- Dual-state licensure (Texas and New York) for complex interstate cases
- Multi-million dollar settlements documented across all practice areas
- BP Texas City refinery explosion litigation—one of few Texas firms involved in this $2.1 billion disaster case
What Clients Say:
“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
Lupe Peña: The Insurance Defense Advantage
Our associate attorney Lupe Peña brings something rare: he used to work for insurance companies.
Before joining Attorney911, Lupe spent years at a national defense firm. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims. Now he uses that insider knowledge to fight FOR you.
What This Means for Your Case:
| What Lupe Learned | How It Helps You |
|---|---|
| How insurance companies VALUE claims | He knows their formulas and can maximize your recovery |
| How adjusters are TRAINED | He recognizes their manipulation tactics immediately |
| What makes them SETTLE | He knows when they’re bluffing and when they’ll pay |
| How they MINIMIZE payouts | He counters every tactic they use against you |
| How they DENY claims | He knows how to fight wrongful denials |
| Claims valuation software (Colossus, etc.) | He understands how algorithms undervalue your suffering |
Hablamos Español. Lupe Peña is fluent in Spanish and provides direct representation without interpreters. For Spanish-speaking clients in Custer County: Llame a Lupe Peña al 1-888-ATTY-911.
The Attorney911 Difference: What Sets Us Apart
| Factor | Big Billboard Firms | Attorney911 | Proof |
|---|---|---|---|
| Cases Per Attorney | 75-150+ cases per attorney | Smaller, more personalized caseload | Client reviews mention personal attention |
| Direct Attorney Access | Rare (case managers, paralegals) | Ralph Manginello personally involved | Dame Haskett: “Ralph reached out personally” |
| Case Selection | May reject “smaller” cases | Takes cases other firms rejected | Donald Wilcox: “One company would not accept my case” |
| Fee Structure | Standard contingency | Contingency + NO upfront costs | Website verified |
| Geographic Reach | Usually single state | TX + NY bar admissions | Texas Bar verified |
| Federal Court Access | Varies (many don’t have) | ✅ U.S. District Court, S.D. TX | Texas Bar verified |
| Insurance Defense Experience | Rare | ✅ Lupe Peña – former defense atty | Attorney911.com verified |
| Client Communication | Frequent complaints | 4.9★ (251+ reviews) | Google Reviews verified |
| Family Treatment | Case numbers | “You are FAMILY to them” | Chad Harris testimonial |
| Speed vs. Competitors | Slow resolution | “Solved in months what others couldn’t in years” | Angel Walle testimonial |
| Took Rejected Cases | Won’t touch difficult cases | Won cases other firms dropped | Greg Garcia, Beth Bonds testimonials |
Our Commitment to Custer County
With offices in Houston, Austin, and Beaumont, Attorney911 serves trucking accident victims throughout Texas and beyond. For Custer County clients, we offer:
- Remote consultations via phone and video
- Travel to Custer County for case investigation and client meetings
- Local knowledge of Colorado’s trucking corridors, courts, and procedures
- Federal court capability for complex interstate cases
- 24/7 availability because trucking accidents don’t happen on business hours
Call to Action: Your Fight Starts Now
The trucking company has lawyers working right now to protect them. What are you doing?
Every hour you wait, evidence in your Custer County trucking accident case disappears. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company knows this—and they’re counting on you to wait.
Don’t give them that advantage.
Call Attorney911 NOW at 1-888-ATTY-911 for a free consultation. We’ll send a preservation letter today to protect your evidence.
Our managing partner, Ralph Manginello, has over 25 years of experience fighting trucking companies in Custer County and across Colorado. Our team includes Lupe Peña, a former insurance defense attorney who knows every tactic the trucking company will use against you. Now he uses that insider knowledge to fight for you.
Worried about affording an attorney? Don’t be. Attorney911 works on contingency—you pay absolutely nothing unless we win your case. We advance all investigation costs. The trucking company has lawyers working right now to protect them. You deserve the same level of representation.
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.
If you or a loved one suffered catastrophic injuries in a Custer County 18-wheeler accident—traumatic brain injury, spinal cord damage, amputation, or worse—you need an attorney who has recovered multi-million dollar verdicts for families just like yours. Call Attorney911 at 1-888-ATTY-911 today.
We are deeply sorry for your loss. When a trucking company’s negligence takes a loved one, justice requires holding them fully accountable. Our Custer County wrongful death attorneys have the experience and resources to fight for your family. Call 1-888-ATTY-911 for a compassionate, confidential consultation.
Attorney911. Because trucking companies shouldn’t get away with it.
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