18-Wheeler & Trucking Accident Attorneys in Kit Carson County, Colorado

When 80,000 Pounds Changes Everything

The impact was catastrophic. One moment you’re driving through Kit Carson County on I-70 or U.S. Highway 40, and the next, an 80,000-pound truck is jackknifing across your path or barreling through a red light. In an instant, everything changes.

Every 16 minutes, someone in America is injured in a commercial truck crash. Over 5,000 people die annually in trucking accidents, and 76% of those deaths are occupants of the smaller vehicle. Here in Kit Carson County, Colorado, our position at the crossroads of major freight corridors makes these statistics more than numbers—they’re a daily reality for families across our community.

When a trucking accident devastates your life, 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, with federal court admission to the Southern District of Texas and a track record that includes multi-million dollar settlements against Fortune 500 corporations. Our associate attorney Lupe Peña spent years working for insurance companies—now he fights against them, bringing insider knowledge of exactly how trucking insurers minimize and deny claims.

This is your advantage. And we’re ready to put it to work for you.

Call 1-888-ATTY-911 now. Free consultation. 24/7 availability.

Why Kit Carson County Trucking Accidents Are Different

Kit Carson County sits at a critical junction in Colorado’s transportation network. Interstate 70 cuts east-west through our county, carrying massive freight volumes between Denver and Kansas City. U.S. Highway 40 and U.S. Highway 287 serve as vital north-south corridors connecting agricultural producers to markets. The Burlington Northern Santa Fe rail line intersects with these highways, creating intermodal transfer points where truck traffic concentrates.

This geography creates unique risks. The eastern plains of Kit Carson County experience extreme weather variations—sudden blizzards, high winds that can topple empty trailers, and flash flooding that makes highway crossings treacherous. The relatively flat terrain encourages excessive speed, while long, straight stretches can lull drivers into fatigue-induced inattention.

Colorado’s modified comparative negligence rule applies here: if you’re found 50% or less at fault, you can recover damages reduced by your percentage of fault. But if you’re 51% or more at fault, you recover nothing. This makes thorough investigation and evidence preservation absolutely critical from day one.

The statute of limitations for personal injury claims in Colorado is two years from the date of accident. For wrongful death, it’s also two years from the date of death. These deadlines are unforgiving—miss them, and your right to compensation disappears forever.

The 10 Potentially Liable Parties in Your Kit Carson County Trucking Accident

Most law firms only sue the driver and trucking company. That’s a mistake—and it costs victims millions. At Attorney911, we investigate EVERY potentially liable party because more defendants means more insurance coverage means higher compensation for you.

1. The Truck Driver

The driver who caused your accident may be personally liable for negligent conduct: speeding, distracted driving, fatigue beyond legal limits, impairment, or failure to conduct proper inspections. We subpoena their driving record, ELD data, drug test results, and cell phone records.

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, training, supervision, and maintenance. They carry $750,000 to $5 million in insurance—far more than individual drivers.

3. The Cargo Owner / Shipper

Companies that own the cargo may be liable for improper loading instructions, failure to disclose hazardous materials, or requiring overweight loads. We examine shipping contracts and loading instructions.

4. The Cargo Loading Company

Third-party loaders who physically secured cargo may be liable for improper securement under 49 CFR Part 393. We investigate their securement procedures and training records.

5. Truck and Trailer Manufacturers

Defective design or manufacturing of brakes, stability control, or fuel tank placement can create liability. We research recall notices and similar defect complaints.

6. Parts Manufacturers

Defective brakes, tires, or steering components from parts suppliers may be liable under product liability theories.

7. Maintenance Companies

Third-party mechanics who negligently repaired or inspected vehicles may share liability for brake failures or other mechanical defects.

8. Freight Brokers

Brokers who negligently selected carriers with poor safety records may be liable for failing to verify insurance, authority, or CSA scores.

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may face negligent entrustment liability.

10. Government Entities

Federal, state, or local government may be liable for dangerous road design, inadequate maintenance, or improper work zone setup—though sovereign immunity limits recovery.

FMCSA Regulations That Prove Negligence in Kit Carson County Trucking Accidents

The Federal Motor Carrier Safety Administration (FMCSA) regulates every 18-wheeler on American highways. When trucking companies 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.

49 CFR Part 390 — General Applicability

Establishes who must comply: all motor carriers operating commercial motor vehicles in interstate commerce, all drivers of CMVs, and all vehicles with GVWR over 10,001 lbs. Violations here can establish that a company was operating outside federal safety requirements.

49 CFR Part 391 — Driver Qualification Standards

Federal law requires trucking companies to verify that drivers are qualified before putting them behind the wheel. A person cannot drive a commercial motor vehicle unless they are at least 21 years old (interstate), can read and speak English sufficiently, are physically qualified, hold a valid CDL, and have passed required training.

Critical for your case: Motor carriers MUST maintain a Driver Qualification File for every driver containing employment application, motor vehicle record, road test certificate, medical examiner’s certificate, annual driving record review, previous employer inquiries, and drug/alcohol test records. Missing or incomplete files prove negligent hiring.

49 CFR Part 392 — Driving of Commercial Motor Vehicles

Establishes rules for safe operation. Key provisions include:

§ 392.3 — Ill or Fatigued Operators: “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.”

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

§ 392.4 — Drugs and Other Substances: Prohibits operating under the influence of Schedule I substances, amphetamines, narcotics, or any substance rendering driver incapable of safe operation.

§ 392.5 — Alcohol: Prohibits alcohol use within 4 hours before duty, while on duty, or being under the influence (.04 BAC or higher).

§ 392.6 — Speeding: Prohibits scheduling runs that would require exceeding speed limits.

§ 392.11 — Following Too Closely: Requires reasonable and prudent following distance.

§ 392.82 — Mobile Phone Use: Prohibits hand-held mobile telephone use and texting while driving.

49 CFR Part 393 — Parts and Accessories for Safe Operation

Cargo Securement (§ 393.100-136): Cargo must be contained, immobilized, or secured to prevent leaking, spilling, blowing, falling, or shifting that affects vehicle stability. Securement systems must withstand forward deceleration of 0.8 g, rearward acceleration of 0.5 g, and lateral force of 0.5 g.

Brakes (§ 393.40-55): All CMVs must have properly functioning service brakes on all wheels, parking/emergency brake systems, and air brakes meeting specific requirements.

Lighting (§ 393.11-26): Required lighting includes headlamps, tail lamps, stop lamps, clearance and side marker lamps, reflectors, and turn signal lamps.

49 CFR Part 395 — Hours of Service (HOS) Regulations

THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.

Property-Carrying Drivers:

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, and cannot be altered. ELD data proves exactly how long drivers were on duty, whether breaks were taken, speed before accidents, GPS location, and any HOS violations.

WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.

49 CFR Part 396 — Inspection, Repair, and Maintenance

General Maintenance (§ 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 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 and 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 covering: service brakes, parking brake, steering mechanism, lighting devices, tires, horn, windshield wipers, rear vision mirrors, coupling devices, wheels and rims, emergency equipment.

Annual Inspection (§ 396.17): Every CMV must pass comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records retained for 14 months.

Maintenance Record Retention (§ 396.3): Motor carriers must maintain records for each vehicle showing identification, inspection schedule, repair records—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.

The 48-Hour Evidence Preservation Protocol: Why Time Is Your Enemy

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 Destruction Timelines

The Spoliation Letter: Your Legal Shield

A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.

Why It Matters:

• Puts defendants on legal notice of their preservation obligation
• Creates serious consequences if evidence is destroyed
• Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
• The sooner sent, the more weight it carries

When We Send It: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.

What Our Spoliation Letter Demands

Electronic Data:

• Engine Control Module (ECM) / Electronic Control Unit (ECU) data
• Event Data Recorder (EDR) data
• Electronic Logging Device (ELD) records
• GPS and telematics data
• Dashcam and forward-facing camera footage
• Dispatch communications and messaging
• Cell phone records and text messages
• Qualcomm or fleet management system data

Driver Records:

• Complete Driver Qualification File
• Employment application and resume
• Background check and driving record
• Medical certification and exam records
• Drug and alcohol test results
• Training 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 airplane black boxes. This data can prove exactly what happened in the moments before your crash.

Types of Electronic Recording:

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.

Catastrophic Injuries: The Human Cost of Trucking Negligence

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)

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

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 $1,548,000 to $9,838,000+ 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

Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis

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.

Attorney911 has recovered $4,770,000 to $25,880,000+ 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

Attorney911 has recovered $1,945,000 to $8,630,000 for amputation victims. In one case, we secured $3.8 million for a client who lost a limb after a car crash led to staph infections during treatment.

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

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

• 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)

Attorney911 has recovered $1,910,000 to $9,520,000+ for wrongful death cases in trucking accidents.

The 48-Hour Evidence Preservation Protocol: Act Now or Lose Forever

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 Destruction Timelines

What We Do Within 24-48 Hours

When you call Attorney911 at 1-888-ATTY-911, we immediately:

1. Send formal spoliation letters to trucking company, their insurer, and all third parties
2. Demand immediate download of all ECM and ELD data
3. Subpoena cell phone records to prove distracted driving
4. Obtain police crash reports and 911 call recordings
5. Canvass accident scene for security camera footage from nearby businesses
6. Photograph all damage, tire marks, debris patterns, and road conditions
7. Interview witnesses before memories fade
8. Hire accident reconstruction experts for complex crashes

The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. What are you doing?

Call 1-888-ATTY-911 now. Free consultation. 24/7 availability.

Kit Carson County Trucking Accident FAQ: Your Questions Answered

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

If you’ve been in a trucking accident in Kit Carson 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. Kit Carson County Memorial Hospital and other regional trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

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

In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death, it’s also two years from the date of death. But waiting that long is dangerous—evidence disappears, witnesses forget, and trucking companies are building their defense right now. We recommend contacting an attorney within days, not months.

What if I was partially at fault for the accident?

Colorado follows modified comparative negligence. If you’re found 50% or less at fault, you can recover damages reduced by your percentage of fault. But if you’re 51% or more at fault, you recover nothing. This makes thorough investigation and evidence preservation absolutely critical from day one. Our team includes a former insurance defense attorney who knows exactly how insurers try to shift blame—now he fights against those tactics for you.

How much is my Kit Carson County trucking accident case worth?

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, and 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 recovered multi-million dollar settlements for families just like yours.

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—including court sanctions and adverse jury instructions.

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. Let us handle all communications.

What makes Attorney911 different from other law firms?

Three things set us apart:

First, experience that matters. Ralph Manginello has spent over 25 years fighting for injury victims. He’s admitted to federal court, has litigated against Fortune 500 corporations, and has recovered multi-million dollar settlements for families devastated by 18-wheeler crashes.

Second, insider knowledge. Our associate attorney Lupe Peña used to work for insurance companies. He knows their playbooks—their formulas for minimizing claims, their training for adjusters, their tactics for denying legitimate cases. Now he uses that knowledge to fight for you.

Third, we treat you like family. As client Chad Harris told us, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” We don’t settle for less than you deserve. Glenda Walker put it simply: we fight for “every dime” you’re owed.

How quickly should I contact an attorney?

IMMEDIATELY—within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. What are you doing?

Call Attorney911 now at 1-888-ATTY-911. Free consultation. 24/7 availability. Hablamos Español—llame a Lupe Peña al 1-888-ATTY-911.

Why Trucking Companies Fear Attorney911

We’ve spent 25+ years building a reputation that makes trucking companies and their insurers take notice. Here’s why they know we’re different:

Federal Court Experience

Ralph Manginello’s admission to the U.S. District Court, Southern District of Texas, means we can handle complex interstate trucking cases that other firms must refer out. Federal court experience matters when your case involves multi-state carriers or federal regulatory violations.

Fortune 500 Litigation Background

We’ve gone toe-to-toe with the world’s largest corporations. Our involvement in the BP Texas City Refinery explosion litigation—where 15 workers were killed and 170+ injured—demonstrates our capability to handle complex, high-stakes cases against well-funded corporate defendants. The total BP civil settlements exceeded $2.1 billion industry-wide.

Multi-Million Dollar Results

Our track record speaks for itself:

We’ve recovered over $50 million for Texas families across all practice areas.

The Insurance Defense Advantage

Here’s what truly sets us apart: our associate attorney Lupe Peña used to work for insurance companies. He spent years inside the system, watching adjusters minimize claims, learning their formulas for lowballing victims, understanding exactly how they train their people to protect company profits.

Now he uses that insider knowledge to fight FOR you. He recognizes their manipulation tactics immediately. He knows when they’re bluffing and when they’ll pay. He understands their claims valuation software. He counters every tactic they use against you.

This is your unfair advantage. And it’s only available at Attorney911.

Client Satisfaction That Proves Our Commitment

Our 4.9-star Google rating with 251+ reviews reflects how we treat every client. As Chad Harris said: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Donald Wilcox came to us after another firm rejected his case. “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.”

Kiimarii Yup lost everything in an accident. “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 found us after years of frustration. “They solved in a couple of months what others did nothing about in two years.”

This is what family treatment looks like. This is what fighting for every dime looks like. This is Attorney911.

Kit Carson County Trucking Accident Types: What You’re Up Against

Every 18-wheeler accident is different, but certain types predominate in Kit Carson County based on our geography, weather, and freight patterns. Understanding these accident types helps us build stronger cases for victims.

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 in Kit Carson County: Our sudden weather changes—rain turning to ice, high winds on the eastern plains—create conditions where drivers lose control. I-70’s long straight stretches encourage speed that becomes deadly when conditions change.

Common Causes: Sudden or improper braking on wet or icy roads; speeding on curves; empty or lightly loaded trailers (more prone to swing); improperly loaded cargo; brake system failures; driver inexperience with emergency maneuvers.

FMCSA Violations: 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 Kit Carson County: While our terrain is relatively flat compared to the Rockies, sudden wind gusts on the eastern plains can topple high-profile trailers. More commonly, rollovers occur when drivers take I-70 ramps or U.S. 40 curves at excessive speed, or when cargo shifts due to improper loading.

Common Causes: Speeding on curves, ramps, or turns; taking turns too sharply; improperly secured or unevenly distributed cargo; liquid cargo “slosh” shifting center of gravity; overcorrection after tire blowout; driver fatigue causing delayed reaction.

FMCSA Violations: 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 from impact, spinal cord injuries, 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 in Kit Carson County: I-70’s high speeds and sudden traffic slowdowns create conditions where passenger vehicles rear-end slow or stopped trucks. Our rural stretches mean limited street lighting, making underride guards harder to see at night. Wide turns on U.S. 40 and county roads can create side underride scenarios.

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 requires rear impact guards on trailers manufactured after January 26, 1998. Guards must prevent underride at 30 mph impact. NO FEDERAL REQUIREMENT for side underride guards (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.

Commercial Truck Insurance: Why These Cases Are High-Value

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

Federal Minimum Liability Limits

Many carriers carry $1-5 million or more. This is why trucking accident cases require attorneys who understand how to access these policies—not just the minimums, but excess coverage, umbrella policies, and multiple carrier arrangements.

Types of Damages Recoverable in Kit Carson County Trucking Accidents

Economic Damages (Calculable Losses)

Non-Economic Damages (Quality of Life)

Punitive Damages (Punishment for Gross Negligence)

Punitive damages may be available when the trucking company or driver acted with:

• Gross negligence
• Willful misconduct
• Conscious indifference to safety
• Fraud (falsifying logs, destroying evidence)

Colorado caps punitive damages at the amount of compensatory damages awarded—meaning if you receive $500,000 in compensatory damages, punitive damages are capped at $500,000. However, this still provides significant leverage in settlement negotiations and can substantially increase your recovery in egregious cases.

The Most Common 18-Wheeler Accident Types in Kit Carson County

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 Kit Carson County: I-70’s high speeds and sudden traffic slowdowns near Burlington, Stratton, and other communities create classic rear-end scenarios. The 40% longer stopping distance for trucks means they cannot avoid obstacles as quickly as passenger vehicles expect.

Statistics: 18-wheelers require 20-40% more stopping distance than passenger vehicles. A fully loaded truck at 65 mph needs approximately 525 feet to stop—nearly two football fields.

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.

FMCSA Violations: 49 CFR § 392.11 (following too closely), 49 CFR § 392.3 (operating while fatigued), 49 CFR § 392.82 (mobile phone use), 49 CFR § 393.48 (brake system deficiencies).

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 Kit Carson County: Our rural intersections, particularly in Burlington, Flagler, and smaller communities, weren’t designed for modern 53-foot trailers. Drivers must swing wide to navigate tight corners, creating deadly squeeze play scenarios for unsuspecting motorists.

Common Causes: Failure to properly signal turning intention; inadequate mirror checks before and during turn; improper turn technique; driver inexperience with trailer tracking; failure to yield right-of-way when completing turn; poor intersection design.

FMCSA Violations: 49 CFR § 392.11 (unsafe lane changes), 49 CFR § 392.2 (failure to obey traffic signals).

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.

The Four No-Zones:

1. Front No-Zone: 20 feet directly in front—driver cannot see low vehicles
2. Rear No-Zone: 30 feet behind trailer—no rear-view mirror visibility
3. Left Side No-Zone: Extends from cab door backward—smaller than right
4. Right Side No-Zone: Extends from cab door backward, MUCH larger—MOST DANGEROUS

Why This Happens in Kit Carson County: I-70’s high speeds and frequent lane changes for passing slower vehicles create constant blind spot exposure. The right-side no-zone is particularly dangerous during merges onto the interstate from Burlington and other entry points.

FMCSA Requirements: 49 CFR § 393.80 requires mirrors providing clear view to rear on both sides.

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 Kit Carson County: Our extreme temperature variations—summer heat exceeding 100°F, winter cold dropping below zero—accelerate tire degradation. Long stretches of I-70 with limited services mean drivers may defer inspections. Agricultural equipment on county roads creates debris hazards.

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.

FMCSA Requirements: 49 CFR § 393.75 specifies tire requirements (tread depth, condition). 49 CFR § 396.13 requires pre-trip inspection including 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 Kit Carson County: Long downhill stretches on I-70 approaching Burlington can cause brake fade from overheating. Extreme cold can affect air brake systems. Agricultural and oil field trucking may defer maintenance due to tight schedules.

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.

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).

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 Kit Carson County: Agricultural trucking—grain, livestock, equipment—may use less rigorous securement than interstate freight. Oil field equipment transport on county roads can involve oversized, awkward loads. Seasonal harvest pressures may lead to rushed loading.

Statistics: Cargo securement violations are among the top 10 most common FMCSA violations. Shifted cargo causes rollover accidents when center of gravity changes.

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 Kit Carson County: Long, straight stretches of U.S. 40 and county roads can lull drivers into fatigue-induced lane departures. Oncoming traffic may be unexpected on rural roads. Passing maneuvers on two-lane highways can go wrong.

Statistics: Head-on collisions are among the deadliest accident types. Even at moderate combined speeds, the force is often fatal.

FMCSA Violations: 49 CFR § 395 (hours of service violations), 49 CFR § 392.3 (operating while fatigued), 49 CFR § 392.4/5 (drug or alcohol violations), 49 CFR § 392.82 (mobile phone use).

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.

Your Next Step: Call Attorney911 Today

You’ve read about the physics that make trucking accidents catastrophic. You’ve learned about the regulations trucking companies violate. You’ve seen the evidence that disappears if you wait. You’ve met our team—Ralph Manginello with 25+ years of federal court experience, Lupe Peña with his insurance defense insider knowledge, and a firm culture that treats you like family.

Now it’s time to act.

The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. What are you doing?

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

We don’t wait. When you call 1-888-ATTY-911, we send preservation letters within hours. We demand ECM and ELD data immediately. We deploy investigators to the scene. We interview witnesses while memories are fresh.

This is how you win trucking accident cases. This is what we do.

No Fee Unless We Win

Worried about affording an attorney? Don’t be. Attorney911 works on contingency—you pay absolutely nothing unless we win your case. We advance all investigation costs. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.

Hablamos Español

Many trucking accident victims in Kit Carson County and across Colorado speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.

Three Offices Serving Colorado and Beyond

While our physical offices are in Texas, Attorney911 handles 18-wheeler cases throughout the United States. Our federal court experience means we can represent you in Kit Carson County, Colorado, and anywhere else your case takes us. We offer remote consultations and travel to you when needed.

Your Fight Starts With One Call

You’ve been through enough. The pain. The uncertainty. The medical bills piling up while the trucking company’s insurance adjuster calls with “helpful” questions designed to minimize your claim.

You don’t have to face this alone. You don’t have to accept less than you deserve. You don’t have to let the trucking company win.

Attorney911. Because trucking companies shouldn’t get away with it.

Call 1-888-ATTY-911 (1-888-288-9911) now. Free consultation. 24/7 availability. No fee unless we win.

Hablamos Español. Llame hoy.

Attorney911 / The Manginello Law Firm, PLLC
Managing Partner: Ralph P. Manginello, 25+ years experience
Associate Attorney: Lupe E. Peña, former insurance defense
Federal Court Admission: U.S. District Court, Southern District of Texas
Total Client Recoveries: $50,000,000+
Google Rating: 4.9 stars (251+ reviews)