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Dolores County 18-Wheeler Accident Attorneys: Attorney911 Delivers 25+ Years of Federal Courtroom Dominance Led by Ralph Manginello, $50+ Million Recovered Including $2.5+ Million Truck Crash Verdicts, Former Insurance Defense Attorney Lupe Peña Exposing Carrier Tactics From Inside, FMCSA 49 CFR 390-399 Regulation Masters, Hours of Service Violation Hunters, Black Box and ELD Data Extraction Experts, Jackknife Rollover Underride Brake Failure Tire Blowout Cargo Spill and All Commercial Truck Crash Specialists, Traumatic Brain Injury Spinal Cord Amputation Burn Injury and Wrongful Death Advocates, Trial Lawyers Achievement Association Million Dollar Member, 4.9 Star Google Rating with 251 Reviews, Legal Emergency Lawyers Trademarked, The Firm Insurers Fear, Free 24/7 Consultation, No Fee Unless We Win, We Advance All Investigation Costs, Same Day Spoliation Letters, 48 Hour Evidence Preservation, Hablamos Español, Call 1-888-ATTY-911 Now

February 21, 2026 61 min read
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18-Wheeler & Trucking Accident Attorneys in Dolores County, Colorado

When 80,000 Pounds Changes Everything

The impact was catastrophic. One moment you’re driving through Dolores County on your way to work, the grocery store, or home to your family. The next, an 80,000-pound commercial truck has slammed into your vehicle, or jackknifed across your lane, or spilled its cargo across the highway. In an instant, everything changes.

Every 16 minutes, someone in America is injured in a commercial truck crash. Over 5,000 people die in trucking accidents annually—and 76% of them were in the smaller vehicle. The physics are brutal: your 4,000-pound car versus an 80,000-pound truck is not a fair fight. The truck wins every time.

If you’ve been hurt in an 18-wheeler accident in Dolores County, you need more than a lawyer—you need a fighter. You need someone who understands federal trucking regulations, who knows how to preserve critical evidence before it disappears, and who has the experience to take on Fortune 500 trucking companies and win.

That’s exactly what we do at Attorney911.

Why Dolores County Trucking Accidents Are Different

Dolores County sits in the heart of Colorado’s Four Corners region, where the rugged San Juan Mountains meet the high desert plains. This geography creates unique dangers for commercial trucking—and unique challenges for accident victims seeking justice.

Mountain Passes and Steep Grades

Colorado’s mountain highways are notorious for truck accidents. While Dolores County itself doesn’t contain the most extreme passes, trucks traveling to and from the county must navigate challenging terrain on US-160, US-491, and connecting routes to I-70 and I-25. These highways feature:

  • Steep downhill grades that can cause brake fade and overheating
  • Sharp curves that challenge even experienced drivers
  • High altitude that reduces engine performance and affects driver alertness
  • Sudden weather changes from clear skies to blinding snow

When trucking companies pressure drivers to maintain schedules across this terrain, or fail to properly maintain brake systems for mountain driving, catastrophic accidents result.

Rural Isolation and Emergency Response

Dolores County is rural. The county seat, Dove Creek, has fewer than 1,000 residents. The largest town, Rico, has just over 200. This rural character means:

  • Longer emergency response times—paramedics may be 30+ minutes away
  • Limited trauma care—serious injuries require transport to Cortez, Durango, or even Grand Junction
  • Fewer witnesses—accidents on remote highways may have no independent observers
  • Delayed evidence preservation—trucking companies may have hours to “manage” the scene before investigators arrive

These factors make immediate legal intervention critical. The sooner we can deploy investigators to a Dolores County trucking accident scene, the better we can preserve evidence and protect your rights.

Agricultural and Energy Trucking

Dolores County’s economy centers on agriculture—particularly bean farming (Dove Creek is the “Pinto Bean Capital of the World”)—and growing energy development. These industries generate significant truck traffic:

  • Agricultural haulers transporting beans, hay, and livestock
  • Oil and gas service trucks serving the expanding energy sector
  • Equipment transport for farming and drilling operations
  • Seasonal peaks during harvest and drilling campaigns

These specialized trucking operations create unique accident risks. Agricultural trucks may be overloaded. Oilfield trucks may operate on poorly maintained lease roads. Equipment haulers may have improperly secured loads. Understanding these industry-specific risks is essential for building a winning case.

The Attorney911 Difference: 25+ Years Fighting for Trucking Accident Victims

When Ralph Manginello founded Attorney911 in 2001, he set out to build a different kind of law firm—one that treated clients like family, not case numbers. Twenty-five years later, that mission hasn’t changed.

Ralph Manginello: Federal Court Experience Against Fortune 500 Companies

Ralph Manginello has spent his career taking on the most powerful defendants in America. Since 1998, he has:

  • Recovered multi-million dollar settlements for catastrophic injury victims
  • Litigated against BP in the Texas City Refinery explosion—the deadliest industrial accident in U.S. history, which killed 15 workers and injured 170+
  • Secured federal court admission to the U.S. District Court, Southern District of Texas—critical for interstate trucking cases
  • Built a 4.9-star reputation across 251+ Google reviews

Ralph’s federal court experience matters for your Dolores County trucking case. Interstate trucking cases often involve federal regulations, out-of-state defendants, and complex jurisdictional issues. Not every attorney can handle these complexities. Ralph can.

Lupe Peña: The Insurance Defense Advantage

Here’s what makes Attorney911 truly different: our associate attorney, Lupe Peña, spent years working as an insurance defense attorney before joining our team.

Think about what that means for your case. Lupe used to sit in the rooms where insurance companies decide how to minimize your claim. He knows:

  • How adjusters are trained to manipulate you into accepting low offers
  • The formulas they use to calculate “acceptable” settlement ranges
  • When they’re bluffing about their “final offer”
  • What evidence scares them into paying more
  • How to counter every tactic they use against injury victims

Now Lupe uses that insider knowledge to fight FOR you, not against you. When the trucking company’s insurance adjuster tries their usual tricks, Lupe sees them coming. He knows exactly how to respond.

And Lupe brings something else critical to Dolores County clients: he’s fluent in Spanish. No interpreters needed. No lost meaning in translation. Direct, personal representation for Spanish-speaking accident victims.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.

Our Track Record: Multi-Million Dollar Results

We don’t just talk about results—we deliver them. Our documented case results include:

Case Type Injury Settlement
Workplace/Logging Accident Traumatic Brain Injury + Vision Loss $5+ Million
Car Accident + Medical Complication Partial Leg Amputation $3.8+ Million
Maritime/Jones Act Back Injury $2+ Million
Commercial Trucking Truck Crash Recovery $2.5+ Million
Wrongful Death Fatal 18-Wheeler Accidents Millions (Multiple Cases)

These aren’t outliers—they’re what happens when you combine experienced attorneys, thorough investigation, and aggressive advocacy against negligent trucking companies.

What Our Clients Say

Don’t take our word for it. Here’s what real clients have said about working with Attorney911:

“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

These testimonials reflect what we strive for in every case: family-level care, maximum recovery, and faster resolution than the competition.

Understanding 18-Wheeler Accidents in Dolores County: The Complete Guide

The Physics of Catastrophe

To understand why 18-wheeler accidents are so devastating, you need to understand the physics involved.

Weight Differential:

  • Fully loaded 18-wheeler: 80,000 pounds maximum
  • Average passenger vehicle: 3,500-4,000 pounds
  • The truck is 20-25 times heavier than your car

Kinetic Energy:
Kinetic energy equals mass times velocity squared. At 65 mph, an 80,000-pound truck carries approximately 80 times the kinetic energy of a passenger car. In a collision, this energy transfers to the smaller vehicle with catastrophic results.

Stopping Distance:

  • 18-wheeler at 65 mph: ~525 feet to stop (nearly two football fields)
  • Passenger car at 65 mph: ~300 feet to stop
  • The truck needs 40% more distance to stop

This longer stopping distance means truck drivers cannot react as quickly to sudden hazards. When they fail to maintain safe following distances or drive too fast for conditions, rear-end collisions and multi-vehicle pileups result.

Common 18-Wheeler Accident Types in Dolores County

Based on Colorado’s geography and Dolores County’s rural character, these accident types pose the greatest risks:

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 perpendicular to the cab, often sweeping across multiple lanes.

Why They’re Common in Dolores County:

  • Sudden braking on downhill grades causes trailer momentum to overtake the cab
  • Icy conditions on mountain passes reduce traction
  • Empty or lightly loaded trailers are more prone to swing

Common Causes:

  • Sudden or improper braking, especially on wet or icy roads
  • Speeding 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

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

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, rollovers are among the most catastrophic trucking accidents.

Why They’re Common in Dolores County:

  • Steep grades on connecting highways to I-70 and I-25
  • Sharp curves on mountain roads
  • High winds on eastern plains approaches
  • Top-heavy loads from agricultural and energy sectors

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)

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

Rear-End Collisions

Rear-end collisions occur 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 They’re Common in Dolores County:

  • Long, straight stretches of highway encourage speeding
  • Sudden slowdowns for wildlife, weather, or agricultural equipment
  • Driver fatigue on long-haul routes through rural Colorado
  • Following too closely on two-lane highways with limited passing opportunities

Common Causes:

  • Following too closely (tailgating)
  • Driver distraction (cell phone, dispatch communications)
  • Driver fatigue and delayed reaction
  • Excessive speed for traffic conditions
  • Brake failures from poor maintenance
  • Failure to anticipate traffic slowdowns
  • Impaired driving (drugs, alcohol)

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

Underride Collisions

Underride collisions occur 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 They’re Common in Dolores County:

  • Limited lighting on rural highways at night
  • Sudden stops on two-lane roads
  • Side underride during passing maneuvers on highways with limited visibility
  • Rear underride at intersections without adequate warning signs

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

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)
  • Truck lane changes into blind spots
  • Wide right turns cutting off traffic
  • Inadequate rear lighting or reflectors

FMCSA/NHTSA Requirements:

  • 49 CFR § 393.86 – Rear impact guards required on trailers manufactured after 1/26/1998
  • Guards must prevent underride at 30 mph impact
  • NO FEDERAL REQUIREMENT for side underride guards (advocacy ongoing)

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 They’re Common in Dolores County:

  • Extreme temperature variations between mountain and desert elevations stress tires
  • Long stretches of highway without services where drivers may skip inspections
  • Road debris from agricultural and energy operations
  • Heat buildup on long descents requiring heavy braking

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

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

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 They’re Common in Dolores County:

  • Long, steep grades on approaches to and from the county
  • Heavy agricultural and energy loads stressing brake systems
  • Extreme temperature variations affecting brake performance
  • Remote locations where maintenance may be deferred

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

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

The Catastrophic Injuries 18-Wheelers Cause

Due to the massive size and weight disparity, trucking accidents in Dolores County often cause life-altering injuries. We’ve helped victims recover compensation for:

Traumatic Brain Injury (TBI)

TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull.

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

Our Experience: We’ve recovered $1.5 million to $9.8 million for TBI victims in trucking and workplace accidents.

Spinal Cord Injury and Paralysis

Damage to the spinal cord 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.

Our Experience: We’ve secured $4.7 million to $25.8 million for spinal cord injury victims.

Amputation

Types of Amputation:

  • 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

Our Experience: We’ve recovered $1.9 million to $8.6 million for amputation victims.

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

Long-Term Consequences:

  • Permanent scarring and disfigurement
  • Multiple reconstructive surgeries
  • Skin graft procedures
  • Chronic pain
  • Infection risks
  • Psychological trauma

Internal Organ Damage

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, surviving family members may pursue wrongful death claims.

Who Can Bring a Wrongful Death Claim in Colorado:

  • Surviving spouse
  • Children (minor and adult)
  • Parents (especially if no spouse or children)
  • Estate representative

Types of Claims:

  • Wrongful Death Action: Compensation for survivors’ losses
  • Survival Action: Compensation for decedent’s pain/suffering before death

Damages Available:

  • Lost future income and benefits
  • Loss of consortium (companionship, care, guidance)
  • Mental anguish and emotional suffering
  • Funeral and burial expenses
  • Medical expenses before death
  • Punitive damages (if gross negligence)

Our Experience: We’ve recovered $1.9 million to $9.5 million for wrongful death cases involving 18-wheeler accidents.

The 48-Hour Evidence Crisis: Why Immediate Action Matters

In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.

Critical Evidence 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
  • Previous employer verification
  • Medical certification and exam records
  • Drug and alcohol test results (pre-employment and random)
  • 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 Smoking Gun

Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box 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 immediately to preserve this data.

FMCSA Regulations: The Rules Trucking Companies Break

The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.

When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.

The Six Critical Parts of FMCSA Regulations

Part Title What It Covers
Part 390 General Applicability Definitions, who regulations apply to
Part 391 Driver Qualification Who can drive, medical requirements, training
Part 392 Driving Rules Safe operation, fatigue, drugs, alcohol
Part 393 Vehicle Safety Equipment, cargo securement, brakes, lights
Part 395 Hours of Service How long drivers can drive, required rest
Part 396 Inspection & Maintenance Vehicle upkeep, inspections, records

49 CFR Part 390: General Applicability & Definitions

Applies To:

  • All motor carriers operating commercial motor vehicles (CMVs) in interstate commerce
  • All drivers of CMVs in interstate commerce
  • All vehicles with GVWR over 10,001 lbs
  • All vehicles designed to transport 16+ passengers (including driver)
  • All vehicles transporting hazardous materials requiring placards

Key Definitions:

Term Definition
Commercial Motor Vehicle (CMV) Vehicle with GVWR 10,001+ lbs, designed for 16+ passengers, or transporting hazardous materials
Motor Carrier Person or company operating CMVs in interstate commerce
Driver Any person who operates a CMV
Interstate Commerce Trade, traffic, or transportation crossing state lines

49 CFR § 390.3: “The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”

49 CFR Part 391: Driver Qualification Standards

Minimum Driver Qualifications (49 CFR § 391.11):

A person shall not drive a commercial motor vehicle unless they:

  1. Are at least 21 years old (interstate) or 18 years old (intrastate)
  2. Can read and speak English sufficiently
  3. Can safely operate the CMV and cargo type
  4. Are physically qualified under § 391.41
  5. Have a valid commercial motor vehicle operator’s license (CDL)
  6. Have completed a driver’s road test or equivalent
  7. Are not disqualified under § 391.15 (violations, suspensions)
  8. Have completed required entry-level driver training

Driver Qualification File Requirements (49 CFR § 391.51):

Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:

Document Requirement
Employment Application Completed per § 391.21
Motor Vehicle Record From state licensing authority
Road Test Certificate Or equivalent documentation
Medical Examiner’s Certificate Current, valid (max 2 years)
Annual Driving Record Review Must be conducted and documented
Previous Employer Inquiries 3-year driving history investigation
Drug & Alcohol Test Records Pre-employment and random testing

Why This Matters For Your Case:

If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.

Physical Qualification Requirements (49 CFR § 391.41):

Drivers must be medically qualified to operate CMVs. Key requirements include:

  • No loss of foot, leg, hand, or arm (without exemption)
  • No established medical history of epilepsy or seizures
  • No mental, nervous, or psychiatric disorder likely to interfere with safe driving
  • No current clinical diagnosis of alcoholism
  • No use of Schedule I controlled substances
  • No use of non-Schedule I substances that impair driving ability
  • Vision of at least 20/40 in each eye (with or without correction)
  • Hearing adequate to perceive forced whisper at 5 feet

49 CFR Part 392: Driving of Commercial Motor Vehicles

Ill or Fatigued Operators (49 CFR § 392.3):

“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.”

Why This Matters: This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.

Drugs and Other Substances (49 CFR § 392.4):

A driver shall not be on duty or operate a CMV while:

  1. Under the influence of any Schedule I substance
  2. Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
  3. Possessing a Schedule I substance (unless prescription)

Alcohol (49 CFR § 392.5):

A driver shall not:

  1. Use alcohol within 4 hours before going on duty or operating a CMV
  2. Use alcohol while on duty or operating a CMV
  3. Be under the influence of alcohol (.04 BAC or higher) while on duty
  4. Possess any alcohol while on duty (with limited exceptions)

Speeding (49 CFR § 392.6):

“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

Following Too Closely (49 CFR § 392.11):

“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”

Mobile Phone Use (49 CFR § 392.82):

Drivers are PROHIBITED from:

  • Using a hand-held mobile telephone while driving
  • Reaching for mobile phone in manner requiring leaving seated position
  • Texting while driving (49 CFR § 392.80)

49 CFR Part 393: Parts and Accessories for Safe Operation

Cargo Securement (49 CFR § 393.100-136):

General Requirements (§ 393.100):
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):
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

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

Brakes (49 CFR § 393.40-55):

All CMVs must have properly functioning brake systems:

  • Service brakes on all wheels
  • Parking/emergency brake system
  • Air brake systems must meet specific requirements
  • Brake adjustment must be maintained within specifications

Lighting (49 CFR § 393.11-26):

Required lighting includes:

  • Headlamps, tail lamps, stop lamps
  • Clearance and side marker lamps
  • Reflectors and retroreflective sheeting
  • Turn signal lamps

Why This Matters: Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.

49 CFR 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
30-Minute Break Must take 30-minute break after 8 cumulative hours of driving Impaired alertness
60/70-Hour Limit Cannot drive after 60 hours in 7 days or 70 hours in 8 days Cumulative fatigue
34-Hour Restart Can restart 60/70-hour clock with 34 consecutive hours off Inadequate recovery
10-Hour Off-Duty Must have minimum 10 consecutive hours off duty before driving Insufficient rest

Sleeper Berth Provision (49 CFR § 395.1(g)):

Drivers using sleeper berth may split 10-hour off-duty period:

  • At least 7 consecutive hours in sleeper berth
  • Plus at least 2 consecutive hours off-duty (in berth or otherwise)
  • Neither period counts against 14-hour 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 vehicle engine to record objective data
  • Cannot be altered after the fact (unlike paper logs)
  • Record GPS location, speed, engine hours

Why ELD Data Is Critical Evidence:

ELDs prove:

  • Exactly how long the driver was on duty
  • Whether breaks were taken as required
  • Speed before and during the accident
  • GPS location history
  • Any HOS violations

WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.

49 CFR Part 396: Inspection, Repair, and Maintenance

General Maintenance Requirement (§ 396.3):

“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 last driver vehicle inspection report if defects were noted.

Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare 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. 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
  • Records must be retained for 1 year

Why This Matters: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.

All Liable Parties: We Investigate Deeper Than Other Firms

Most law firms only sue the driver and trucking company. We investigate ALL potentially liable parties—because more defendants means more insurance coverage means higher compensation for you.

The 10 Potentially Liable Parties in Your Dolores County Trucking Case

1. The Truck Driver

The driver who caused the accident may be personally liable for their negligent conduct.

Bases for Driver Liability:

  • Speeding or reckless driving
  • Distracted driving (cell phone, texting, dispatch communications)
  • Fatigued driving beyond legal limits
  • Impaired driving (drugs, alcohol)
  • Failure to conduct proper pre-trip inspections
  • Violation of traffic laws
  • Failure to yield, improper lane changes, running red lights

Evidence We Pursue:

  • Driver’s driving record and history
  • ELD data showing hours of service
  • Drug and alcohol test results
  • Cell phone records
  • Previous accident history
  • Training records

2. The Trucking Company / Motor Carrier

The trucking company is often the most important defendant because they have the deepest pockets (highest insurance) and the most responsibility for safety.

Bases for Trucking Company Liability:

Vicarious Liability (Respondeat Superior):

  • The driver was an employee (not independent contractor)
  • Acting within the scope of employment
  • Performing job duties when accident occurred

Direct Negligence:

  • Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
  • Negligent Training: Inadequate training on safety, cargo securement, hours of service
  • Negligent Supervision: Failed to monitor driver performance, ELD compliance
  • Negligent Maintenance: Failed to maintain vehicle in safe condition
  • Negligent Scheduling: Pressured drivers to violate HOS regulations

Evidence We Pursue:

  • Driver Qualification File (or lack thereof)
  • Hiring policies and background check procedures
  • Training records and curricula
  • Supervision and monitoring practices
  • Dispatch records showing schedule pressure
  • Safety culture documentation
  • Previous accident/violation history
  • CSA (Compliance, Safety, Accountability) scores

Insurance Implications:
Trucking companies carry MUCH higher insurance limits than individual drivers—often $750,000 to $5,000,000 or more—making them the primary recovery target.

3. Cargo Owner / Shipper

The company that owns the cargo and arranged for its shipment may be liable.

Bases for Shipper Liability:

  • Provided improper loading instructions
  • Failed to disclose hazardous nature of cargo
  • Required overweight loading
  • Pressured carrier to expedite beyond safe limits
  • Misrepresented cargo weight or characteristics

Evidence We Pursue:

  • Shipping contracts and bills of lading
  • Loading instructions provided
  • Hazmat disclosure documentation
  • Weight certification records

4. Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for improper securement.

Bases for Loading Company Liability:

  • Improper cargo securement (49 CFR 393 violations)
  • Unbalanced load distribution
  • Exceeding vehicle weight ratings
  • Failure to use proper blocking, bracing, tiedowns
  • Not training loaders on securement requirements

Evidence We Pursue:

  • Loading company securement procedures
  • Loader training records
  • Securement equipment used
  • Weight distribution documentation

5. Truck and Trailer Manufacturer

The company that manufactured the truck, trailer, or major components may be liable for defects.

Bases for Manufacturer Liability:

  • Design defects (brake systems, stability control, fuel tank placement)
  • Manufacturing defects (faulty welds, component failures)
  • Failure to warn of known dangers
  • Defective safety systems (ABS, ESC, collision warning)

Evidence We Pursue:

  • Recall notices and technical service bulletins
  • Similar defect complaints (NHTSA database)
  • Design specifications and testing records
  • Component failure analysis

6. Parts Manufacturer

Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products.

Bases for Parts Liability:

  • Defective brakes or brake components
  • Defective tires causing blowouts
  • Defective steering mechanisms
  • Defective lighting components
  • Defective coupling devices

Evidence We Pursue:

  • Failed component for expert analysis
  • Recall history for specific parts
  • Similar failure patterns
  • Manufacturing and quality control records

7. Maintenance Company

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs.

Bases for Maintenance Company Liability:

  • Negligent repairs that failed to fix problems
  • Failure to identify critical safety issues
  • Improper brake adjustments
  • Using substandard or wrong parts
  • Returning vehicles to service with known defects

Evidence We Pursue:

  • Maintenance work orders
  • Mechanic qualifications and training
  • Parts used in repairs
  • Inspection reports and recommendations

8. Freight Broker

Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection.

Bases for Broker Liability:

  • Negligent selection of carrier with poor safety record
  • Failure to verify carrier insurance and authority
  • Failure to check carrier CSA scores
  • Selecting cheapest carrier despite safety concerns

Evidence We Pursue:

  • Broker-carrier agreements
  • Carrier selection criteria
  • Carrier safety record at time of selection
  • Broker’s due diligence procedures

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may have separate liability.

Bases for Owner Liability:

  • Negligent entrustment of vehicle
  • Failure to maintain owned equipment
  • Knowledge of driver’s unfitness

Evidence We Pursue:

  • Lease agreements
  • Maintenance responsibility allocations
  • Owner’s knowledge of driver history

10. Government Entity

Federal, state, or local government may be liable in limited circumstances.

Bases for Government Liability:

  • Dangerous road design that contributed to accident
  • Failure to maintain roads (potholes, debris, worn markings)
  • Inadequate signage for known hazards
  • Failure to install safety barriers
  • Improper work zone setup

Special Considerations:

  • Sovereign immunity limits government liability
  • Strict notice requirements and short deadlines
  • Must prove actual notice of dangerous condition in many cases

Evidence We Pursue:

  • Road design specifications
  • Maintenance records
  • Prior accident history at location
  • Citizen complaints about condition

Colorado Law: What Dolores County Accident Victims Need to Know

Statute of Limitations

In Colorado, you have 2 years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, you also have 2 years from the date of death.

Critical Warning: This deadline is absolute. If you miss it, you lose your right to sue forever—no matter how serious your injuries or how clear the trucking company’s negligence.

Why You Should Never Wait: Evidence disappears fast in trucking cases. Black box data can be overwritten in 30 days. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company is building their defense right now. You should be building yours.

Comparative Negligence: Colorado’s 50% Bar Rule

Colorado follows a modified comparative negligence system with a 50% bar. Here’s what that means for your Dolores County trucking accident case:

  • If you are 49% or less at fault: You can recover damages, but your recovery is reduced by your percentage of fault. If you’re 20% at fault and your damages are $500,000, you recover $400,000.

  • If you are 50% or more at fault: You recover nothing. Even if the trucking company was equally responsible, you lose your right to compensation.

Why This Matters: Trucking companies and their insurers will try to blame YOU for the accident. They’ll claim you were speeding, distracted, or failed to yield. Our job is to gather evidence—ECM data, ELD records, witness statements, accident reconstruction—that proves what really happened and protects you from false blame.

Damage Caps: Colorado’s Limitations

Colorado has specific caps on certain types of damages:

Non-Economic Damages (Pain and Suffering):

  • $300,000 cap on non-economic damages in most personal injury cases
  • Can be increased to $500,000 with “clear and convincing evidence”

Punitive Damages:

  • Equal to compensatory damages (1:1 ratio cap)
  • Requires “clear and convincing evidence” of fraud, malice, or willful and wanton conduct

Important Exceptions:

  • No cap on economic damages (medical bills, lost wages, etc.)
  • No cap in wrongful death cases (different statutory framework)
  • No cap for permanent physical impairment

Strategic Implications: Experienced attorneys know how to maximize recovery within these boundaries—and when exceptions apply. For example, proving “permanent physical impairment” removes the non-economic damage cap entirely. This is why thorough medical documentation and expert testimony are critical.

The Attorney911 Investigation Process: How We Build Winning Cases

Phase 1: Immediate Response (0-72 Hours)

  • Accept case and send preservation letters same day
  • Deploy accident reconstruction expert to scene if needed
  • Obtain police crash report
  • Photograph client injuries with medical documentation
  • Photograph all vehicles before they are repaired or scrapped
  • Identify all potentially liable parties

Phase 2: Evidence Gathering (Days 1-30)

  • Subpoena ELD/black box data downloads
  • Request driver’s paper log books (backup documentation)
  • Obtain complete Driver Qualification File from carrier
  • Request all truck maintenance and inspection records
  • Obtain carrier’s CSA safety scores and inspection history
  • Order driver’s complete Motor Vehicle Record (MVR)
  • Subpoena driver’s cell phone records
  • Obtain dispatch records and delivery schedules

Phase 3: Expert Analysis

  • Accident reconstruction specialist creates crash analysis
  • Medical experts establish causation and future care needs
  • Vocational experts calculate lost earning capacity
  • Economic experts determine present value of all damages
  • Life care planners develop comprehensive care plans for catastrophic injuries
  • FMCSA regulation experts identify all violations

Phase 4: Litigation Strategy

  • File lawsuit before statute of limitations expires (2 years in Colorado)
  • Pursue aggressive discovery against all potentially liable parties
  • Depose truck driver, dispatcher, safety manager, maintenance personnel
  • Build case for trial while negotiating settlement from position of strength
  • Prepare every case as if going to trial (creates leverage in negotiations)

Insurance Company Battle Tactics: How We Counter Their Playbook

Insider Advantage: Attorney911 employs team members who previously worked in insurance defense, giving them direct insider knowledge of how trucking insurance companies attempt to minimize, delay, and deny legitimate claims.

Common Insurance Tactics & Our Counter-Strategies

Insurance Company Tactic Attorney911 Counter-Strategy
Quick Lowball Settlement Offers NEVER accept early offers; calculate full future damages first
Denying or Minimizing Injuries Obtain comprehensive medical documentation and expert testimony
Blaming the Victim (Comparative Fault) Investigate fully; gather evidence disproving fault allegations
Delaying the Claims Process File lawsuit to force discovery; set depositions
Using Recorded Statements Against Victims Advise clients NEVER give statements without attorney present
“Pre-Existing Condition” Defense Apply Colorado law (take plaintiff as found)
“Gap in Treatment” Attacks Document all treatment; explain gaps with medical records
Sending Surveillance Investigators Advise clients on appropriate conduct; expose unfair surveillance
Hiring “Independent” Medical Examiners Counter with client’s treating physicians and independent experts
Drowning Plaintiff in Paperwork Aggressive litigation and motion practice to force resolution

Frequently Asked Questions: Dolores County 18-Wheeler Accidents

Immediate After-Accident Questions

What should I do immediately after an 18-wheeler accident in Dolores County?

If you’ve been in a trucking accident in Dolores County, take these steps immediately if you’re able:

  • Call 911 and report the accident
  • Seek medical attention, even if injuries seem minor
  • Document the scene with photos and video if possible
  • Get the trucking company name, DOT number, and driver information
  • Collect witness contact information
  • Do NOT give recorded statements to any insurance company
  • 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. Dolores County’s rural location means the nearest trauma centers may be in Cortez, Durango, or Grand Junction—delays that can be dangerous. Immediate medical evaluation also creates critical documentation linking your injuries to the accident.

What information should I collect at the truck accident scene in Dolores 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

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 a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.

How quickly should I contact an 18-wheeler accident attorney in Dolores 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.

What is a spoliation letter and why is it important?

A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.

Trucking Company & Driver Questions

Who can I sue after an 18-wheeler accident in Dolores 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)
  • Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

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)
  • Negligent supervision (failing to monitor driver behavior)
  • Negligent maintenance (poor vehicle upkeep)

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 were not 50% or more responsible. 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.

What is an owner-operator and does that affect my case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

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 the carrier’s:

  • CSA (Compliance, Safety, Accountability) scores
  • Inspection history and out-of-service rates
  • Crash history
  • Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

Evidence & 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
  • 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.

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.

What records should my attorney get from the trucking company?

We pursue:

  • ECM/Black box data
  • ELD records
  • Driver Qualification File
  • Maintenance records
  • Inspection reports
  • Dispatch logs
  • Drug and alcohol test results
  • Training records
  • Cell phone records
  • Insurance policies
  • The physical truck and trailer

Can the trucking company destroy evidence?

Once they’re on notice of potential litigation, destroying evidence is spoliation—a serious legal violation. Courts can:

  • Instruct juries to assume destroyed evidence was unfavorable
  • Impose monetary sanctions
  • Enter default judgment in extreme cases
  • Award punitive damages

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.

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

What is a Driver Qualification File and why does it matter?

FMCSA requires trucking companies to maintain a file for every driver containing:

  • Employment application
  • Driving record check
  • Previous employer verification
  • Medical certification
  • Drug test results
  • Training documentation

Missing or incomplete files prove negligent hiring.

How do pre-trip inspections relate to my accident case?

Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.

Injury & Medical Questions

What injuries are common in 18-wheeler accidents in Dolores 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 Dolores 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.

What if my loved one was killed in a trucking accident in Dolores County?

Colorado allows wrongful death claims by surviving family members. You may recover:

  • Lost future income
  • Loss of companionship and guidance
  • Mental anguish
  • Funeral expenses
  • Punitive damages if gross negligence

Time limits apply—contact us immediately to protect your rights.

Legal Process Questions

How long do I have to file an 18-wheeler accident lawsuit in Dolores County?

Colorado’s statute of limitations is 2 years from the date of your trucking accident. 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: 6-12 months
  • Complex cases with multiple parties: 1-3 years
  • Cases that go to trial: 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.

Do I need to pay anything upfront to hire your firm?

NO. We work on contingency—you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.

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.

Will the trucking company’s insurance try to settle quickly?

Often yes—and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.

Your Next Step: Call Attorney911 Today

If you’ve been hurt in an 18-wheeler accident in Dolores County, you face a critical choice. The trucking company has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. Evidence is disappearing as you read this.

What are you doing?

You can wait. Hope the insurance company treats you fairly. Try to handle this alone while you’re injured, stressed, and overwhelmed.

Or you can call Attorney911 at 1-888-ATTY-911 and put 25+ years of trucking litigation experience to work for you.

Here’s what happens when you call:

  1. Immediate response—We answer 24/7. No voicemail, no “we’ll call you back tomorrow.”

  2. Free consultation—We’ll evaluate your case at no cost. No obligation. No pressure.

  3. Same-day spoliation letters—If you hire us, we send preservation demands within hours to protect critical evidence.

  4. No upfront fees—We work on contingency. You pay nothing unless we win.

  5. Direct attorney access—You’ll work with Ralph Manginello and our team, not just paralegals.

  6. Spanish-language representation—Lupe Peña provides fluent Spanish services. No interpreters needed.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.

What Our 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

“They solved in a couple of months what others did nothing about in two years.” — Angel Walle

The Clock Is Ticking

Every hour you wait, evidence in your Dolores County trucking accident case disappears. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company is building their defense right now.

Call Attorney911 NOW at 1-888-ATTY-911 for a free consultation. We’ll send a preservation letter today to protect your evidence.

Or call our direct Houston line: (713) 528-9070

Email: ralph@atty911.com

Website: https://attorney911.com

Available 24/7. We answer trucking accident calls immediately.

About Attorney911 / The Manginello Law Firm

Attorney911, also known as The Manginello Law Firm, PLLC, is a Houston-based personal injury and criminal defense law firm founded by Ralph P. Manginello in 2001. With over 25 years of courtroom experience, we have recovered more than $50 million for clients across Texas and beyond.

Our firm is headquartered in Houston with additional offices in Austin and Beaumont, and we handle cases throughout Colorado and the United States. Ralph Manginello is admitted to practice in Texas and New York, and is admitted to the U.S. District Court, Southern District of Texas—critical for interstate trucking cases.

Our associate attorney, Lupe Peña, brings unique value as a former insurance defense attorney who now fights for injury victims. His insider knowledge of how insurance companies evaluate and minimize claims gives our clients a significant advantage. Lupe is also fluent in Spanish, providing direct representation to Spanish-speaking clients without interpreters.

We work on a contingency fee basis—no fee unless we win. We advance all investigation and litigation costs. You never pay anything out of pocket.

Call 1-888-ATTY-911 today. Your fight starts with one call.

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