18-Wheeler & Trucking Accident Attorneys in Fremont County, Colorado

When 80,000 Pounds Changes Everything

The impact was catastrophic. One moment you’re driving through Fremont County on Highway 50 or navigating the curves near Cañon City. The next, an 80,000-pound truck is jackknifing across your lane, or a fatigued driver drifts across the centerline on U.S. 285. In an instant, everything changes.

Every 16 minutes, someone in America is injured in a commercial truck crash. But here in Fremont County, Colorado, the risk runs even higher. Our position at the crossroads of major mountain highways—Highway 50, U.S. 285, and proximity to I-25—creates a perfect storm of heavy truck traffic, challenging terrain, and weather conditions that test even experienced drivers.

If you or a loved one has been seriously injured in an 18-wheeler accident in Fremont County, you need more than a lawyer—you need a fighter. At Attorney911, we’ve spent over 25 years taking on trucking companies and winning. Ralph Manginello has been fighting for injury victims since 1998, securing multi-million dollar settlements for families devastated by commercial truck crashes. Our associate attorney Lupe Peña spent years working for insurance companies—now he fights against them, using his insider knowledge to maximize your recovery.

Call 1-888-ATTY-911 now. We answer 24/7. Hablamos Español.

Why Fremont County 18-Wheeler Accidents Are Different

Mountain Highways, Mountain Risks

Fremont County sits in the heart of Colorado’s Arkansas River Valley, surrounded by the Rocky Mountains. This geography creates unique dangers for trucking operations:

Highway 50 runs east-west through Cañon City and Salida, carrying heavy freight traffic across the Continental Divide. The steep grades approaching Monarch Pass test brake systems to their limits. Runaway truck ramps exist for a reason—brake failure on these descents is a constant threat.

U.S. 285 connects Fremont County to Denver and the San Luis Valley. This corridor sees significant oil and gas trucking from the Denver-Julesburg Basin, plus agricultural freight from the San Luis Valley’s potato and grain operations. The combination of heavy loads and mountain curves creates rollover risks.

Proximity to I-25 means Fremont County drivers regularly encounter interstate truck traffic that has traveled hundreds of miles, often with fatigued drivers pushing hours-of-service limits.

Weather That Kills

Colorado’s weather adds another layer of danger:

Winter storms can blanket Fremont County highways in snow and ice with little warning. Chain laws go into effect, but not all truckers comply.
Black ice on shaded mountain curves causes sudden loss of control.
High winds on exposed stretches of Highway 50 can push high-profile trailers into adjacent lanes.
Spring runoff creates flooding hazards on low-lying highway sections.

The Industries That Drive Truck Traffic

Understanding what freight moves through Fremont County helps identify liable parties when accidents occur:

Oil and gas equipment from the Wattenberg Field and beyond
Agricultural products—potatoes, grain, hay from the San Luis Valley
Prison supplies for the numerous correctional facilities in Fremont County
Tourism and recreation freight serving rafting, hiking, and skiing industries
Construction materials for Colorado’s booming Front Range development

Each of these cargo types creates specific risks—improperly secured oilfield equipment can shift and cause rollovers; overloaded agricultural trucks stress brake systems; prison transport vehicles have unique operational pressures.

The 10 Liable Parties We Pursue in Fremont County Trucking Cases

Most law firms sue the driver and trucking company—then settle for whatever insurance offers. At Attorney911, we investigate every potentially liable party because more defendants means more insurance coverage means higher compensation for you.

1. The Truck Driver

The driver who caused your accident may be personally liable for negligent conduct: speeding, distracted driving, fatigue, impairment, or traffic violations. We subpoena their driving record, ELD data, cell phone records, and drug test results.

2. The Trucking Company / Motor Carrier

This is often your primary recovery target. Under respondeat superior, employers are liable for employees’ negligent acts. Plus, trucking companies face direct liability for:

Negligent hiring — failing to check driver backgrounds
Negligent training — inadequate safety instruction
Negligent supervision — ignoring HOS violations
Negligent maintenance — deferring critical repairs
Negligent scheduling — pressuring drivers to violate rest rules

Trucking companies carry $750,000 to $5 million in insurance—far more than individual drivers.

3. Cargo Owner / Shipper

The company that owned the cargo may be liable if they:

Required overweight loading
Failed to disclose hazardous materials
Pressured the carrier to expedite unsafely
Provided improper loading instructions

4. Cargo Loading Company

Third-party loaders who physically loaded the truck may be liable for:

Improper cargo securement (49 CFR 393 violations)
Unbalanced load distribution
Inadequate tiedowns or blocking
Failure to train loaders on federal requirements

5. Truck and Trailer Manufacturer

Defective design or manufacturing can create liability for:

Brake system failures
Stability control defects
Fuel tank placement causing fire risk
Defective safety systems (ABS, ESC)

6. Parts Manufacturer

Companies that made specific components may be liable for defective:

Brakes or brake components
Tires causing blowouts
Steering mechanisms
Lighting components

7. Maintenance Company

Third-party repair shops may be liable for:

Negligent repairs that failed to fix problems
Failure to identify critical safety issues
Improper brake adjustments
Using substandard parts

8. Freight Broker

Brokers who arranged transportation may be liable for negligent carrier selection — choosing a carrier with poor safety records, inadequate insurance, or known violations.

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the vehicle owner may face negligent entrustment liability for allowing an unfit driver to operate their equipment.

10. Government Entity

Federal, state, or local government may be liable for:

Dangerous road design
Failure to maintain highways
Inadequate signage for known hazards
Improper work zone setup

Sovereign immunity limits apply, and strict notice deadlines exist—contact us immediately if government liability is possible.

FMCSA Regulations That Prove Negligence in Fremont County Trucking Cases

The Federal Motor Carrier Safety Administration (FMCSA) regulates every commercial truck on American highways. When trucking companies and drivers violate these federal rules, they create the dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation for Fremont County victims.

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 391 — Driver Qualification Standards

Minimum Requirements (§ 391.11):

No person shall drive a commercial motor vehicle unless they:

Are at least 21 years old (interstate) or 18 years old (intrastate)
Can read and speak English sufficiently
Can safely operate the CMV and cargo type
Are physically qualified under § 391.41
Have a valid commercial driver’s license (CDL)
Have completed a driver’s road test or equivalent
Are not disqualified under § 391.15

Driver Qualification File (§ 391.51):

Motor carriers MUST maintain a DQ File for EVERY driver containing:

Employment application
Motor vehicle record from licensing authority
Road test certificate or equivalent
Medical examiner’s certificate (valid max 2 years)
Annual driving record review
Previous employer inquiries (3-year history)
Drug and alcohol test records

Why This Matters for Your Fremont County 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.

49 CFR Part 392 — Driving Rules

Ill or Fatigued Operators (§ 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.”

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

Drugs and Alcohol (§ 392.4-5):

No driver shall be on duty or operate a CMV while under the influence of any Schedule I substance, amphetamine, narcotic, or any substance rendering them incapable of safe driving
No use of alcohol within 4 hours before going on duty
No alcohol while on duty or operating a CMV
No operation with BAC of .04 or higher

Mobile Phone Use (§ 392.82):

Drivers are PROHIBITED from using hand-held mobile telephones while driving, reaching for phones in manner requiring leaving seated position, or texting while driving.

49 CFR Part 393 — Vehicle Safety & Cargo Securement

Cargo Securement (§ 393.100-136):

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

Brake Requirements (§ 393.40-55):

All CMVs must have properly functioning brake systems including service brakes on all wheels, parking/emergency brake system, and air brake systems meeting specific requirements.

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

Electronic Logging Device (ELD) Mandate (§ 395.8):

Since December 18, 2017, most CMV drivers must use ELDs that automatically record driving time, synchronize with vehicle engine, cannot be altered after the fact, and record GPS location and speed.

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, and 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
Post-Trip Report (§ 396.11): After each day’s driving, drivers must prepare written report on vehicle condition covering service brakes, parking brake, steering mechanism, lighting devices, tires, horn, windshield wipers, mirrors, coupling devices, wheels and rims, and emergency equipment

Annual Inspection (§ 396.17):

Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records retained for 14 months.

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.

The 48-Hour Evidence Preservation Protocol: Why Time Kills Cases in Fremont County

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 Insurance Policy

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 records and certifications
Previous accident and violation history
Performance reviews and disciplinary records

Vehicle Records:

Maintenance and repair records
Inspection reports (pre-trip, post-trip, annual)
Out-of-service orders and repairs
Tire records and replacement history
Brake inspection and adjustment records
Parts purchase and installation records

Company Records:

Hours of service records for 6 months prior
Dispatch logs and trip records
Bills of lading and cargo documentation
Insurance policies
Safety policies and procedures
Training curricula
Hiring and supervision policies

Physical Evidence:

The truck and trailer themselves
Failed or damaged components
Cargo and securement devices
Tire remnants if blowout involved

ECM/Black Box Data: The 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.

The clock is ticking. Black box data can be overwritten in 30 days. Call Attorney911 at 1-888-ATTY-911 NOW to preserve your evidence.

Catastrophic Injuries from 18-Wheeler Accidents in Fremont County

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception.

Size and Weight Disparity

Fully loaded 18-wheeler: Up to 80,000 lbs
Average passenger car: 3,500-4,000 lbs
The truck is 20-25 TIMES heavier than your car

Impact Force

Force = Mass × Acceleration. An 80,000 lb truck at 65 mph carries approximately 80 times the kinetic energy of a car. This energy transfers to the smaller vehicle in a crash.

Stopping Distance

18-wheeler at 65 mph needs ~525 feet to stop (nearly 2 football fields)
Car at 65 mph needs ~300 feet to stop
This 40% longer stopping distance means trucks cannot avoid obstacles as quickly

Traumatic Brain Injury (TBI)

What It Is:
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.

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

Attorney911 has recovered $1.5 million to $9.8 million for TBI victims. As client Glenda Walker told us after her case settled, “They fought for me to get every dime I deserved.”

Spinal Cord Injury

What It Is:
Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

Type	Definition	Impact
Paraplegia	Loss of function below the waist	Cannot walk, may affect bladder/bowel control
Quadriplegia	Loss of function in all four limbs	Cannot walk or use arms, may need breathing assistance
Incomplete Injury	Some nerve function remains	Variable—may have some sensation or movement
Complete Injury	No nerve function below injury	Total loss of sensation and movement

Level of Injury Matters:

Higher injuries (cervical spine) affect more body functions
C1-C4 injuries may require ventilator for breathing
Lower injuries (lumbar) affect legs but not arms

Lifetime Care Costs:

Paraplegia (low): $1.1 million+
Paraplegia (high): $2.5 million+
Quadriplegia (low): $3.5 million+
Quadriplegia (high): $5 million+

These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.

Amputation

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

Attorney911 has 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:

Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.

Who Can Bring a Wrongful Death Claim in Colorado:

Colorado law allows these parties to file:

Surviving spouse
Children (minor and adult)
Parents (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)

Colorado’s Wrongful Death Statute of Limitations: 2 years from date of death

Attorney911 has recovered $1.9 million to $9.5 million for wrongful death cases. As client Chad Harris said, “You are NOT just some client… You are FAMILY to them.”

Colorado Law: What Fremont County Trucking 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 have 2 years from the date of death.

But waiting is dangerous. Evidence disappears, witnesses forget, and trucking companies are building their defense right now. We recommend contacting an attorney within days, not months.

Comparative Negligence in Colorado

Colorado follows modified comparative negligence with a 50% bar rule. This means:

If you are less than 50% at fault, you can recover damages reduced by your percentage of fault
If you are 50% or more at fault, you recover nothing

Example: If you’re found 30% at fault and your damages are $100,000, you recover $70,000. But if you’re found 51% at fault, you recover $0.

This is why documentation and legal representation matter from day one. The trucking company will try to shift blame to you. We fight to prove what really happened.

Damage Caps in Colorado

Colorado caps non-economic damages (pain and suffering) in personal injury cases:

$300,000 standard cap
Can increase to $500,000 with “clear and convincing evidence”

However, there is NO cap on:

Economic damages (medical bills, lost wages)
Punitive damages (in cases of willful and wanton conduct)

Punitive damages in Colorado are limited to the amount of compensatory damages awarded. This means if you receive $500,000 in compensatory damages, punitive damages are capped at $500,000.

Government Liability in Colorado

When government entities are involved (CDOT, county road maintenance), special rules apply:

Colorado Governmental Immunity Act (CGIA) limits liability
$350,000 cap per person for claims against government entities
$990,000 cap per occurrence
Notice requirements: Written notice required within 180 days for claims against state/local government

These shorter deadlines and damage caps make immediate legal consultation critical.

The 18-Wheeler Accident Types We See in Fremont County

Jackknife Accidents

A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.

Why This Happens on Fremont County Roads:

Highway 50’s steep grades approaching Monarch Pass are jackknife hotspots. A driver descending with improperly adjusted brakes or an empty trailer (more prone to swing) can easily lose control. The tight curves on U.S. 285 through the mountains create similar risks.

FMCSA Violations Often Present:

49 CFR § 393.48 — Brake system malfunction
49 CFR § 393.100 — Improper cargo securement
49 CFR § 392.6 — Speeding for conditions

Injuries: Multiple vehicle involvement often leads to TBI, spinal cord injuries, crushing injuries, and wrongful death.

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 This Happens in Fremont County:

The mountain curves on Highway 50 and U.S. 285 are rollover magnets. A driver taking a curve too fast, especially with liquid cargo that “sloshes” and shifts the center of gravity, can easily roll. The agricultural freight from the San Luis Valley—potatoes, grain, hay—often creates top-heavy loads.

FMCSA Violations Often Present:

49 CFR § 393.100-136 — Cargo securement violations
49 CFR § 392.6 — Exceeding safe speed
49 CFR § 392.3 — Operating while fatigued

Injuries: Crushed vehicles beneath trailer, multiple vehicle involvement, fuel fires causing severe burns, TBI, spinal cord injuries, and wrongful death.

Underride Collisions

An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.

Why This Happens on Fremont County Highways:

Highway 50’s mix of high-speed traffic and slower-moving trucks creates rear underride risks. A truck slowing for a curve or stopped for a breakdown can be struck from behind by a driver who doesn’t react in time. Side underrides occur when trucks make wide turns on narrow mountain roads.

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)

Injuries: Decapitation, severe head and neck trauma, death of all vehicle occupants, traumatic brain injury, spinal cord severance. These accidents are almost always fatal or catastrophic.

Rear-End Collisions

A rear-end collision occurs when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.

Why This Happens in Fremont County:

The steep descents on Highway 50 and U.S. 285 are rear-end danger zones. A truck with overheated brakes or a fatigued driver may be unable to stop in time for slowed traffic ahead. The 525-foot stopping distance for a loaded truck at 65 mph—nearly two football fields—means mountain curves and traffic slowdowns create unavoidable collision risks.

FMCSA Violations Often Present:

49 CFR § 392.11 — Following too closely
49 CFR § 392.3 — Operating while fatigued
49 CFR § 392.82 — Mobile phone use
49 CFR § 393.48 — Brake system deficiencies

Injuries: Whiplash, spinal cord injuries, TBI from impact, internal organ damage, crushing injuries when vehicle is pushed into other objects, wrongful death.

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.

Why This Happens in Fremont County:

The narrow mountain roads and tight intersections in Fremont County towns like Cañon City and Florence force trucks to make wide turns. Drivers unfamiliar with local roads may swing wider than expected, trapping passenger vehicles in the “squeeze play.”

FMCSA Violations Often Present:

49 CFR § 392.11 — Unsafe lane changes
49 CFR § 392.2 — Failure to obey traffic signals
State traffic law violations for improper turns

Injuries: Crushing injuries from being caught between truck and curb/building, sideswipe injuries, pedestrian and cyclist fatalities, TBI, amputations.

Blind Spot Accidents (“No-Zone”)

Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).

The Four No-Zones:

Front No-Zone: 20 feet directly in front of the cab—driver cannot see low vehicles
Rear No-Zone: 30 feet behind the 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 than left—MOST DANGEROUS

Why This Happens in Fremont County:

The multi-lane sections of Highway 50 and the merging traffic on U.S. 285 create frequent lane-change situations. Mountain curves and elevation changes affect truck handling, making blind spot checks even more critical—and failures more dangerous.

FMCSA Requirements:

49 CFR § 393.80 — Mirrors must provide clear view to rear on both sides
Proper mirror adjustment is part of driver pre-trip inspection

Injuries: Sideswipe injuries causing vehicle loss of control, rollover of passenger vehicle, crushing injuries, ejection from vehicle, TBI, spinal injuries.

Tire Blowout Accidents

Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.

Why This Happens in Fremont County:

Colorado’s extreme temperature variations—hot summer days and cold winter nights—accelerate tire wear. The steep grades on Highway 50 and U.S. 285 cause heavy braking that overheats tires. “Road gators” (tire debris) on mountain highways create secondary hazards for following vehicles.

FMCSA Requirements:

49 CFR § 393.75 — Tire requirements (tread depth, condition)
49 CFR § 396.13 — Pre-trip inspection must include tire check
Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions

Injuries: Resulting jackknife or rollover causes catastrophic injuries. Tire debris strikes following vehicles causing windshield impacts, loss of control. TBI, facial trauma, wrongful death.

Brake Failure Accidents

Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.

Why This Happens in Fremont County:

The steep mountain descents on Highway 50 and U.S. 285 are brake killers. Drivers who don’t properly downshift or use engine braking can overheat their brakes, causing “brake fade.” The extreme elevation changes—Cañon City sits at 5,300 feet, while nearby mountain passes exceed 11,000 feet—affect brake performance. Winter conditions create additional stress on braking systems.

FMCSA Requirements:

49 CFR § 393.40-55 — Brake system requirements
49 CFR § 396.3 — Systematic inspection and maintenance
49 CFR § 396.11 — Driver post-trip report of brake condition
Air brake pushrod travel limits specified

Injuries: Severe rear-end collision injuries, multi-vehicle pileups, TBI from high-speed impact, spinal cord injuries, wrongful death, crushing injuries.

Cargo Spill/Shift Accidents

Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.

Why This Happens in Fremont County:

The agricultural freight from the San Luis Valley—potatoes, grain, hay—often travels through Fremont County on its way to Front Range markets. Improperly secured loads can shift on the mountain curves of Highway 50. Oil and gas equipment from the Denver-Julesburg Basin creates heavy, awkward loads that require specialized securement. The extreme temperature variations can affect tiedown materials.

FMCSA Requirements:

49 CFR § 393.100-136 — Complete cargo securement standards
Working load limits for tiedowns specified
Specific requirements by cargo type (logs, metal coils, machinery, etc.)

Injuries: Vehicles struck by falling cargo, chain-reaction accidents from spilled loads, hazmat exposure injuries, rollover injuries when cargo shifts.

Head-On Collisions

Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Why This Happens in Fremont County:

The two-lane sections of Highway 50 and U.S. 285 create head-on collision risks. Fatigued drivers on long hauls through the mountains may drift across centerlines. Impaired drivers—whether from drugs, alcohol, or prescription medications—lose control on curves. Medical emergencies at high altitude can incapacitate drivers suddenly. The narrow mountain roads leave little room for error.

FMCSA Violations Often Present:

49 CFR § 395 — Hours of service violations
49 CFR § 392.3 — Operating while fatigued
49 CFR § 392.4/5 — Drug or alcohol violations
49 CFR § 392.82 — Mobile phone use

Injuries: Catastrophic injuries or death are common. The closing speed combines both vehicles’ velocities. TBI, spinal cord injuries, internal organ damage, amputations, crushing injuries, wrongful death.

Colorado Law: Your Rights as a Fremont County Trucking Accident Victim

Statute of Limitations: Don’t Wait

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

But waiting is dangerous. Evidence disappears, witnesses forget, and trucking companies are building their defense right now. Black box data can be overwritten in 30 days. Dashcam footage gets deleted. The trucking company has lawyers working already—what are you doing?

We recommend contacting an attorney within days, not months. At Attorney911, we send spoliation letters within 24-48 hours to preserve critical evidence.

Comparative Negligence: You Can Still Recover Even If Partially at Fault

Colorado follows modified comparative negligence with a 50% bar rule. This means:

If you are less than 50% at fault, you can recover damages reduced by your percentage of fault
If you are 50% or more at fault, you recover nothing

Example: If you’re found 30% at fault and your damages are $100,000, you recover $70,000. But if you’re found 51% at fault, you recover $0.

This is why documentation and legal representation matter from day one. The trucking company will try to shift blame to you. We fight to prove what really happened using objective evidence—ECM data, ELD logs, and expert reconstruction.

Damage Caps: Understanding Colorado’s Limits

Colorado caps non-economic damages (pain and suffering) in personal injury cases:

$300,000 standard cap
Can increase to $500,000 with “clear and convincing evidence”

However, there is NO cap on:

Economic damages (medical bills, lost wages)
Punitive damages (in cases of willful and wanton conduct)

Punitive damages in Colorado are limited to the amount of compensatory damages awarded. This means if you receive $500,000 in compensatory damages, punitive damages are capped at $500,000.

Government Liability: Special Rules Apply

When government entities are involved (CDOT, county road maintenance), special rules apply:

Colorado Governmental Immunity Act (CGIA) limits liability
$350,000 cap per person for claims against government entities
$990,000 cap per occurrence
Notice requirements: Written notice required within 180 days for claims against state/local government

These shorter deadlines and damage caps make immediate legal consultation critical. Don’t wait—call 1-888-ATTY-911 today.

FMCSA Violations We Commonly Find in Fremont County Cases

Our investigation of trucking accidents in Fremont County and across Colorado consistently reveals violations of federal safety regulations. These violations prove negligence and drive settlement values.

Top 10 Violations We Find

Hours of Service Violations — Driving beyond 11-hour limit, no breaks
False Log Entries — Falsifying ELD or paper log records
Failure to Maintain Brakes — Worn brakes, improper adjustment
Cargo Securement Failures — Inadequate tiedowns, shifting loads
Unqualified Driver — Operating without valid CDL or medical certificate
Drug/Alcohol Violations — Operating under influence, failed tests
Mobile Phone Use — Texting, hand-held phone while driving
Failure to Inspect — No pre-trip inspection, ignored defects
Improper Lighting — Non-functioning lights, missing reflectors
Negligent Hiring — No background check, incomplete DQ file

How We Prove Violations

Evidence Type	What It Shows
ELD Data	Hours of service violations, driving time
ECM/Black Box	Speed, braking, HOS violations
Driver Qualification File	Hiring negligence, training gaps
Maintenance Records	Deferred repairs, known defects
Inspection Reports	Pre-existing violations
Drug/Alcohol Tests	Impairment at time of accident
Dispatch Records	Pressure to violate HOS

What to Do After an 18-Wheeler Accident in Fremont County

Immediate Steps (If You’re Able)

Call 911 — Report the accident and request emergency medical response
Seek medical attention — Even if injuries seem minor; adrenaline masks pain
Document the scene — Photos and video of vehicles, road conditions, skid marks
Get trucking company information — Name, DOT number, driver CDL
Collect witness contacts — Names, phone numbers, what they saw
Do NOT give recorded statements — To any insurance company
Call Attorney911 immediately — 1-888-ATTY-911

Critical Evidence We Preserve

Within 24-48 hours of being retained, we send spoliation letters demanding preservation of:

ECM/Black box data
ELD records
Driver Qualification File
Maintenance and inspection records
Dashcam footage
Cell phone records
Dispatch communications
The physical truck and trailer

Every hour you wait, evidence disappears. Black box data can be overwritten in 30 days. Dashcam footage gets deleted. Witnesses forget. The trucking company has lawyers working already—what are you doing?

Call 1-888-ATTY-911 NOW. We answer 24/7. Hablamos Español.

Why Choose Attorney911 for Your Fremont County 18-Wheeler Case

25+ Years of Trucking Litigation Experience

Ralph Manginello has been fighting for injury victims since 1998. He’s admitted to federal court in the Southern District of Texas, has litigated against Fortune 500 corporations like BP, and has recovered multi-million dollar settlements for families just like yours.

Former Insurance Defense Attorney on Your Side

Our associate attorney Lupe Peña spent years working for insurance companies. He knows exactly how they evaluate, minimize, and deny claims. Now he uses that insider knowledge to fight FOR you. As we tell every client: “Our firm includes an attorney who used to work for insurance companies—now he fights against them. He knows their playbook.”

Multi-Million Dollar Results

Our documented recoveries include:

$5+ million — Traumatic brain injury from falling log
$3.8+ million — Partial leg amputation after car accident with medical complications
$2.5+ million — Commercial truck crash recovery
$2+ million — Maritime back injury under Jones Act
Millions — Multiple wrongful death trucking cases

Federal Court Experience

Ralph Manginello’s admission to the U.S. District Court, Southern District of Texas, is critical for interstate trucking cases. Many trucking accidents involve federal regulations and can be filed in federal court for strategic advantage.

Spanish-Language Services

Lupe Peña is fluent in Spanish. We provide direct representation to Spanish-speaking clients without interpreters. Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.

Three Office Locations

With offices in Houston, Austin, and Beaumont, we serve trucking accident victims across Texas and beyond. For Fremont County, Colorado cases, we offer remote consultations and travel to you.

24/7 Availability

Legal emergencies don’t wait for business hours. We answer calls at 1-888-ATTY-911 24 hours a day, 7 days a week.

Contingency Fee — No Fee Unless We Win

You pay nothing unless we win. Zero upfront costs. We advance all investigation expenses. Standard contingency fee: 33.33% pre-trial, 40% if trial is necessary.

Client Testimonials: What Fremont County Families Can Expect

Don’t take our word for it. Here’s what our clients say:

Chad Harris: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Donald Wilcox: “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.”

Glenda Walker: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”

Ernest Cano: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”

Kiimarii Yup: “I lost everything… my car was at a total loss, and because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return plus a brand new truck.”

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

Frequently Asked Questions: Fremont County 18-Wheeler Accidents

Immediate After-Accident Questions

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

If you’ve been in a trucking accident in Fremont 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. Fremont 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.

What information should I collect at the truck accident scene in Fremont 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 Fremont 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.

Trucking Company & Driver Questions

Who can I sue after an 18-wheeler accident in Fremont 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, negligent training, negligent supervision, negligent maintenance, and negligent scheduling.

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 less than 50% at 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 & 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.

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.

Your Next Step: Call Attorney911 Today

You’ve read about the dangers. You understand the physics. You know the trucking company has lawyers working already.

What are you doing?

Every hour you wait, evidence in your Fremont County trucking accident case disappears. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw.

At Attorney911, we don’t wait. We send spoliation letters within 24 hours. We preserve evidence before it’s gone. We fight for every dollar you’re owed.

Ralph Manginello has spent over 25 years making trucking companies pay. Our team includes a former insurance defense attorney who knows their playbook. We’ve recovered multi-million dollar settlements for traumatic brain injury victims, amputation survivors, and families who lost loved ones.

You pay nothing unless we win. Zero upfront costs. We advance all investigation expenses.

Call 1-888-ATTY-911 now. We answer 24/7.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.

Attorney911 / The Manginello Law Firm, PLLC
25+ years fighting for trucking accident victims
Offices in Houston, Austin, and Beaumont, Texas
Serving Fremont County, Colorado and nationwide