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

When 80,000 Pounds Changes Everything: Your Fight Starts Here

The impact was catastrophic. One moment you’re driving through Lincoln County on I-70, perhaps heading toward Limon or passing through the eastern plains. The next, an 80,000-pound commercial truck has jackknifed across your lane, or worse—it’s barreling toward you with a driver who’s been awake for 16 hours.

Every 16 minutes, someone in America is injured in a commercial truck crash. In Lincoln County, Colorado, that risk is magnified by our unique geography. We’re situated at the crossroads of major freight corridors where mountain meets plain, where I-70 carries transcontinental traffic through challenging terrain, and where winter storms can turn deadly in minutes.

If you’re reading this, you or someone you love has likely experienced this nightmare. The medical bills are mounting. The trucking company’s insurance adjuster has already called. And you’re wondering how you’ll ever put your life back together.

We can help. At Attorney911, we’ve spent over 25 years fighting for trucking accident victims across Colorado and beyond. Our managing partner, Ralph Manginello, has recovered multi-million dollar settlements for families devastated by 18-wheeler crashes. And our team includes Lupe Peña, a former insurance defense attorney who spent years inside the system—now he uses that insider knowledge to fight FOR you, not against you.

Call 1-888-ATTY-911 now. The consultation is free. You pay nothing unless we win. And we answer 24/7—because trucking accidents don’t wait for business hours.

Why Lincoln County 18-Wheeler Accidents Are Different

Lincoln County, Colorado presents unique challenges for commercial trucking—and unique dangers for everyone who shares our roads.

The Geography That Kills

We’re located on Colorado’s eastern plains, where the Rocky Mountains give way to rolling prairie. This transition zone creates specific hazards:

I-70: The Transcontinental Death Corridor

Interstate 70 runs directly through Lincoln County, carrying massive freight volumes between Denver and Kansas City. This isn’t just any highway—it’s one of America’s most critical trucking routes. And it’s treacherous.

• Mountain-to-Plain Transition: Trucks descending from the Eisenhower Tunnel (11,158 feet) enter Lincoln County with hot brakes and exhausted drivers
• Extreme Weather Shifts: A sunny morning can become a blinding snowstorm by afternoon
• High Winds: The eastern plains are notorious for sustained winds that can blow empty trailers off the road

The Limon Hub

The town of Limon serves as a critical junction where I-70 meets U.S. 24, 40, and 287. This convergence creates:

• Heavy truck traffic from multiple directions
• Complex interchange maneuvers
• Driver confusion and navigation errors
• Congestion that increases collision risk

The Industries That Drive Danger

Lincoln County’s economy creates specific trucking patterns that affect accident risk:

Agricultural Freight

We’re in the heart of Colorado’s wheat belt. During harvest season (June-July), grain trucks flood local roads:

• Overloaded trailers exceeding weight limits
• Inexperienced seasonal drivers
• Pressure to deliver before weather changes
• FMCSA hours-of-service violations

Energy Sector Traffic

Oil and gas development in eastern Colorado brings:

• Heavy equipment transport
• Hazardous materials shipments
• 24/7 operations with fatigued drivers
• Remote locations with limited emergency response

Intermodal Distribution

The I-70 corridor serves as a critical link between:

• Port of Los Angeles/Long Beach (via I-40 connection)
• Chicago intermodal hubs (via I-70 east)
• Denver distribution centers
• Kansas City freight networks

This positioning means Lincoln County sees some of the highest-volume, longest-haul trucking in America.

The Weather That Kills

Lincoln County’s climate creates deadly conditions for commercial trucking:

Winter Storms

• Blizzards with zero visibility
• Black ice on I-70 bridges and overpasses
• Blowing snow that drifts across highways
• Temperatures that can reach -20°F, affecting truck systems

Spring and Summer Hazards

• Severe thunderstorms with hail
• Tornadoes (eastern Colorado is on the western edge of Tornado Alley)
• Flash flooding from sudden rain on hard-packed soil
• Extreme heat that causes tire blowouts

Year-Round Wind

• Sustained winds of 30-40 mph common
• Gusts exceeding 60 mph during storms
• Crosswinds that affect high-profile trailers
• Dust storms that reduce visibility to near-zero

Why This Matters For Your Case

If you’ve been injured in a Lincoln County trucking accident, these geographic and climatic factors aren’t just background—they’re potentially critical evidence:

• Weather conditions may prove the driver failed to adjust for hazardous conditions (49 CFR § 392.14)
• Road design may implicate government entities in dangerous intersection configurations
• Industry pressures may show the trucking company prioritized speed over safety
• Driver fatigue from long hauls through challenging terrain may violate hours-of-service regulations

At Attorney911, we understand Lincoln County. We know the I-70 corridor, the Limon junction, the agricultural freight patterns, and the deadly weather that can turn a routine haul into a catastrophe. This local knowledge, combined with our deep expertise in federal trucking regulations, gives us an advantage in building your case.

The 10 Types of 18-Wheeler Accidents We See in Lincoln County

Every trucking accident is different, but certain patterns emerge based on geography, industry, and driver behavior. In Lincoln County, we see specific accident types that reflect our unique position on Colorado’s eastern plains.

1. Jackknife Accidents

What Happens: The trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic. On I-70 through Lincoln County, this can create catastrophic pileups.

Why It Happens Here:

• Sudden braking on I-70’s long downhill grades from the mountains
• Empty or lightly loaded trailers more prone to swing (common with agricultural freight)
• Winter ice and black ice on bridges
• Driver inexperience with mountain-to-plain transitions

The Law: 49 CFR § 393.48 requires properly functioning brake systems. When brakes fail or drivers misuse them, we prove negligence through ECM data showing brake application patterns.

Your Risk: Vehicles behind a jackknifing truck have nowhere to go on I-70’s limited shoulders. Multi-vehicle pileups with fatalities are common.

2. Rollover Accidents

What Happens: The truck tips onto its side or roof. With 80,000 pounds of weight, rollovers crush anything in their path.

Why It Happens Here:

• I-70 curves and elevation changes
• High winds on the eastern plains that blow empty trailers over
• Improperly secured grain loads that shift
• Speeding on curves designed for lower speeds
• Driver fatigue from long hauls

The Law: 49 CFR § 393.100-136 mandates proper cargo securement. When loads shift and cause rollovers, we subpoena loading records and securement documentation.

Your Risk: Rollovers often spill cargo across highways, creating secondary accidents. Hazardous materials spills can require evacuation of entire areas.

3. Underride Collisions

What Happens: A smaller vehicle crashes into the rear or side of a trailer and slides underneath. The trailer height often shears off the passenger compartment at windshield level.

Why It Happens Here:

• Sudden stops on I-70 when traffic slows for weather or construction
• Inadequate rear underride guards on older trailers
• NO federal requirement for side underride guards
• Low visibility during dust storms or blizzards
• Driver distraction on long, monotonous stretches

The Law: 49 CFR § 393.86 requires rear impact guards on trailers manufactured after January 26, 1998. But many trucks operate with inadequate or damaged guards. Side underride guards remain unregulated despite thousands of deaths.

Your Risk: Underride accidents are among the most fatal. Decapitation and catastrophic head injuries are common. Even at moderate speeds, survival is unlikely.

4. Rear-End Collisions

What Happens: An 18-wheeler strikes the back of another vehicle, or a vehicle strikes the back of a truck. Due to massive weight differences, these are devastating.

Why It Happens Here:

• I-70’s long stretches lull drivers into inattention
• Driver fatigue from Denver-to-Kansas City hauls
• Following too closely in heavy traffic near Limon
• Brake failure from overheated brakes descending from mountains
• Distracted driving (cell phones, dispatch communications)

The Physics: An 80,000-pound truck at 65 mph needs approximately 525 feet to stop—nearly two football fields. A car needs about 300 feet. This 40% longer stopping distance means trucks cannot avoid obstacles as quickly.

The Law: 49 CFR § 392.11 prohibits following too closely. 49 CFR § 392.3 bans operating while fatigued. We prove violations through ECM data showing speed, following distance, and ELD records proving hours-of-service violations.

Your Risk: Rear-end collisions with trucks often push vehicles into other lanes or off the road, causing multi-vehicle pileups. The force of impact causes catastrophic injuries even with modern safety systems.

5. Wide Turn Accidents (“Squeeze Play”)

What Happens: An 18-wheeler swings wide (often left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing the vehicle in the gap.

Why It Happens Here:

• Tight intersections in Limon and smaller towns
• Agricultural equipment requiring wide turns
• Driver inexperience with trailer tracking
• Failure to properly signal turning intention
• Inadequate mirror checks

The Law: State traffic laws require proper turns and signaling. FMCSA regulations mandate proper mirror adjustment (49 CFR § 393.80). When drivers fail to check their massive blind spots, we prove negligence through driver training records and mirror condition documentation.

Your Risk: These accidents often crush vehicles against curbs or buildings. Pedestrians and cyclists in crosswalks are especially vulnerable. The “squeeze play” gives victims no escape route.

6. Blind Spot Accidents (“No-Zone” Collisions)

What Happens: 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 ahead—trucks cannot see low vehicles
2. Rear No-Zone: 30 feet behind—no rear-view mirror visibility
3. Left Side No-Zone: Extends from cab door backward
4. Right Side No-Zone: Much larger than left—MOST DANGEROUS

Why It Happens Here:

• I-70’s heavy traffic requires frequent lane changes
• Driver fatigue reducing situational awareness
• Inadequate mirror adjustment or damaged mirrors
• Failure to use turn signals
• Driver distraction from dispatch communications

The Law: 49 CFR § 393.80 requires mirrors providing clear view to rear on both sides. Proper mirror adjustment is part of driver pre-trip inspection. When drivers fail to check their No-Zones, we prove negligence through lane change data from ECM/telematics and turn signal activation records.

Your Risk: Blind spot accidents often cause sideswipe collisions that push vehicles into other lanes or off the road. The sudden impact causes loss of control, leading to rollovers or collisions with other vehicles.

7. Tire Blowout Accidents

What Happens: 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 It Happens Here:

• Extreme temperature variations (summer heat to winter cold)
• Long hauls on I-70 causing heat buildup
• Underinflated tires from improper maintenance
• Overloaded trailers exceeding tire capacity
• Road debris on rural stretches
• Aging tires not replaced due to cost-cutting

The Statistics: 18-wheelers have 18 tires, each a potential failure point. Steer tire (front) blowouts are especially dangerous—they can cause immediate loss of control. “Road gators” (tire debris) cause thousands of accidents annually.

The Law: 49 CFR § 393.75 specifies tire requirements including tread depth (4/32″ on steer tires, 2/32″ on others). 49 CFR § 396.13 requires pre-trip tire inspection. When trucking companies defer maintenance to save money, we prove negligence through tire maintenance records and inspection documentation.

Your Risk: Tire blowouts often cause jackknifes or rollovers that block multiple lanes. The debris creates secondary hazards for following vehicles. On I-70’s limited shoulders, there’s often nowhere safe to go.

8. Brake Failure Accidents

What Happens: An 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.

Why It Happens Here:

• Overheated brakes from descending the Eisenhower Tunnel’s long grades
• Deferred maintenance to reduce costs
• Improper brake adjustment (too loose)
• Air brake system leaks
• Contaminated brake fluid
• Driver inexperience with mountain braking techniques

The Statistics: Brake problems factor in approximately 29% of large truck crashes. Brake system violations are among the most common FMCSA out-of-service violations. Complete brake failure usually results from systematic maintenance neglect.

The Physics: An 80,000-pound truck at 65 mph needs approximately 525 feet to stop—nearly two football fields. Brake failure removes even this limited ability to avoid collisions.

The Law: 49 CFR §§ 393.40-55 specify brake system requirements. 49 CFR § 396.3 mandates systematic inspection and maintenance. 49 CFR § 396.11 requires driver post-trip brake condition reports. When trucking companies violate these regulations, we prove negligence through maintenance records, inspection reports, and ECM data showing brake application patterns.

Your Risk: Brake failure accidents often cause high-speed rear-end collisions or multi-vehicle pileups. The force of impact at highway speeds causes catastrophic injuries even with modern safety systems.

9. Cargo Spill and Shift Accidents

What Happens: Improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.

Why It Happens Here:

• Agricultural loads (grain, hay) that shift during transport
• Oil and gas equipment transport on rural roads
• Inadequate tiedowns on long I-70 hauls
• Overloading to maximize profit
• Failure to re-inspect cargo during multi-day trips
• Improper loading at rural facilities without professional equipment

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

The Law: 49 CFR §§ 393.100-136 establish complete cargo securement standards. Performance criteria require securement systems to withstand 0.8g forward deceleration, 0.5g rearward acceleration, 0.5g lateral forces, and at least 20% of cargo weight downward. When loaders and carriers violate these standards, we prove negligence through loading records, tiedown specifications, and cargo manifest documentation.

Your Risk: Cargo spills create immediate hazards for following vehicles. Shifting loads cause sudden rollovers that give other drivers no time to react. Hazardous materials spills can require evacuation of entire areas.

10. Head-On and Override Accidents

What Happens: An 18-wheeler crosses into oncoming traffic and strikes vehicles head-on, or a truck drives over a smaller vehicle in front (override).

Why It Happens Here:

• Driver fatigue on long I-70 hauls
• Passing on two-lane rural roads
• Overcorrection after running off the shoulder
• Medical emergencies (heart attack, seizure) from exhausting schedules
• Impaired driving to stay awake
• Wrong-way entry onto divided highways

The Statistics: Head-on collisions are among the deadliest accident types. Even at moderate combined speeds, the force is often fatal. Override accidents occur when trucks cannot stop in time and literally drive over smaller vehicles.

The Physics: The closing speed in head-on collisions combines both vehicles’ velocities. An 80,000-pound truck at 55 mph striking a 4,000-pound car at 55 mph creates impact forces equivalent to striking a stationary object at 110 mph.

The Law: 49 CFR § 392.3 prohibits operating while fatigued. 49 CFR § 392.4 and § 392.5 ban drug and alcohol use. 49 CFR § 392.82 prohibits mobile phone use. When drivers violate these regulations, we prove negligence through ELD data, cell phone records, and drug test results.

Your Risk: Head-on and override accidents are almost always fatal or cause catastrophic permanent injuries. The massive weight disparity leaves passenger vehicle occupants with virtually no protection.

Who Can Be Held Liable in Your Lincoln County Trucking Accident?

Most law firms look at a trucking accident and see one defendant: the driver. At Attorney911, we see a web of companies and individuals who may all share responsibility for your injuries. This comprehensive approach is why we’ve recovered multi-million dollar settlements that other firms missed.

The 10 Potentially Liable Parties

1. The Truck Driver

The driver who caused your accident may be personally liable for negligent conduct including:

• Speeding or reckless driving for conditions
• Distracted driving (cell phone, texting, dispatch communications)
• Fatigued driving beyond federal 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

We pursue the driver’s personal assets and insurance when available. But more importantly, we use driver negligence to establish employer liability.

2. The Trucking Company / Motor Carrier

This is often your primary recovery target. Trucking companies carry $750,000 to $5 million in insurance—far more than individual drivers.

Vicarious Liability (Respondeat Superior):

Under this doctrine, employers are responsible for employees’ negligent acts within the scope of employment. If the driver was on the job, the company pays.

Direct Negligence Claims:

We also pursue direct negligence claims that often yield punitive damages:

• Negligent Hiring: Failed to check driver’s background, driving record, or qualifications. We subpoena Driver Qualification Files to prove this.

• Negligent Training: Inadequate training on safety, cargo securement, hours of service, or mountain driving techniques specific to Colorado’s terrain.

• Negligent Supervision: Failed to monitor driver performance, ELD compliance, or pattern of violations.

• Negligent Maintenance: Failed to maintain vehicle in safe condition—brakes, tires, lighting, cargo securement systems.

• Negligent Scheduling: Pressured drivers to violate HOS regulations to meet delivery deadlines.

The Evidence We Pursue:

• Driver Qualification File (or proof it doesn’t exist)
• 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

3. Cargo Owner / Shipper

The company that owned the cargo and arranged shipment may be liable when:

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

In Lincoln County’s agricultural economy, grain shippers and equipment manufacturers frequently create these dangerous conditions.

4. Cargo Loading Company

Third-party loaders who physically placed cargo on the truck may be liable for:

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

We subpoena loading company procedures, training records, and equipment specifications to prove negligence.

5. Truck and Trailer Manufacturer

The manufacturer may be liable for design or manufacturing defects:

• Brake system design flaws
• Stability control failures
• Fuel tank placement causing fire risk
• Defective safety systems (ABS, ESC, collision warning)
• Manufacturing defects in critical components

We research recall notices, NHTSA complaint databases, and similar defect patterns to build product liability claims.

6. Parts Manufacturer

Companies that manufactured specific failed components may be liable:

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

We preserve failed components for expert analysis and research manufacturing quality control records.

7. Maintenance Company

Third-party maintenance providers may be liable for negligent repairs:

• Failed repairs that didn’t fix known problems
• Failure to identify critical safety issues
• Improper brake adjustments
• Use of substandard or incorrect parts
• Returning vehicles to service with known defects

We obtain maintenance work orders, mechanic qualifications, and parts records to prove negligence.

8. Freight Broker

Brokers who arranged transportation may be liable for negligent carrier selection:

• Selecting carriers with poor safety records
• Failing to verify carrier insurance and authority
• Not checking carrier CSA scores
• Choosing cheapest carrier despite safety concerns

We obtain broker-carrier agreements and selection criteria to prove negligence.

9. Truck Owner (If Different from Carrier)

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

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

We investigate lease agreements and maintenance responsibility allocations.

10. Government Entity

Federal, state, or local government may be liable for dangerous road conditions:

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

Special Considerations for Government Claims:

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

In Lincoln County, we investigate whether Colorado DOT or local authorities knew of dangerous conditions on I-70 or other highways and failed to address them.

FMCSA Regulations: The Rules Trucking Companies Break

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

The Six Critical Regulation Categories

Part	Title	What It Covers	Why It Matters for Your Case
Part 390	General Applicability	Who must comply with regulations	Establishes the trucking company was subject to federal safety requirements
Part 391	Driver Qualification	Who can drive, medical requirements, training	Proves negligent hiring when unqualified drivers cause accidents
Part 392	Driving Rules	Safe operation, fatigue, drugs, alcohol	Establishes driver negligence and employer liability
Part 393	Vehicle Safety	Equipment, cargo securement, brakes, lights	Proves maintenance failures and vehicle defects
Part 395	Hours of Service	How long drivers can drive, required rest	Critical for fatigue-related accidents—most commonly violated regulation
Part 396	Inspection & Maintenance	Vehicle upkeep, inspections, records	Proves systematic neglect of safety

Critical Violations We Prove in Lincoln County Cases

Hours of Service Violations (49 CFR Part 395)

These are the most commonly violated—and most dangerous—regulations:

Rule	Requirement	Violation Consequence
11-Hour Driving Limit	Cannot drive more than 11 hours after 10 consecutive hours off duty	Fatigue-related accidents, delayed reaction times
14-Hour Duty Window	Cannot drive beyond 14th consecutive hour after coming on duty	Driver exhaustion, impaired judgment
30-Minute Break	Must take 30-minute break after 8 cumulative hours of driving	Continued fatigue, loss of alertness
60/70-Hour Weekly Limit	Cannot drive after 60 hours in 7 days or 70 hours in 8 days	Cumulative fatigue, chronic exhaustion
34-Hour Restart	Can restart 60/70-hour clock with 34 consecutive hours off	Inadequate recovery, persistent fatigue

Electronic Logging Device (ELD) Mandate (49 CFR § 395.8)

Since December 18, 2017, most CMV drivers must use ELDs that:

• Automatically record driving time (cannot be falsified like paper logs)
• Synchronize with vehicle engine for objective data
• Record GPS location, speed, engine hours
• Cannot be altered after the fact

Why ELD Data Wins Cases: This objective, tamper-resistant data directly contradicts driver claims of “I wasn’t speeding” or “I took my required breaks.” We’ve used ELD data to prove hours-of-service violations that led to multi-million dollar settlements.

Brake System Violations (49 CFR §§ 393.40-55, 396.3)

Brake failures cause approximately 29% of truck accidents. Federal law requires:

• Properly functioning service brakes on all wheels
• Parking/emergency brake system
• Air brake systems meeting specific pressure requirements
• Brake adjustment maintained within specifications
• Systematic inspection, repair, and maintenance

Pre-Trip and Post-Trip Inspections (49 CFR §§ 396.11, 396.13):

Drivers must inspect brakes before every trip and report defects after every trip. When they fail to do so—or when companies ignore reported defects—we prove systematic neglect.

Cargo Securement Violations (49 CFR §§ 393.100-136)

Improperly secured cargo causes rollovers, spills, and loss of control. Federal regulations require:

• Cargo contained, immobilized, or secured to prevent leaking, spilling, blowing, or falling
• Securement systems withstand 0.8g forward deceleration, 0.5g rearward acceleration, 0.5g lateral forces, and 20% of cargo weight downward
• Proper tiedowns based on cargo weight and length
• Blocking, bracing, and friction mats as needed

In Lincoln County’s agricultural economy, we frequently see grain trucks with shifting loads, equipment transport with inadequate securement, and overloaded trailers that violate these critical safety standards.

Driver Qualification Violations (49 CFR Part 391)

Federal law establishes who can legally operate a commercial truck. Requirements include:

• Minimum age 21 for interstate commerce (18 for intrastate)
• Valid Commercial Driver’s License (CDL) with proper endorsements
• Medical certification of physical fitness (renewed every 2 years maximum)
• Ability to read and speak English sufficiently
• Safe driving record

Driver Qualification File Requirements (49 CFR § 391.51):

Motor carriers MUST maintain complete files for every driver, including:

• Employment application and background check
• Motor vehicle record from licensing state
• Road test certificate or equivalent
• Current medical examiner’s certificate
• Annual driving record review
• Previous employer inquiries (3-year history)
• Drug and alcohol test records

When trucking companies hire unqualified drivers, fail to maintain proper files, or ignore red flags in a driver’s history, we pursue negligent hiring claims that can yield punitive damages.

The 48-Hour Evidence Preservation Protocol: Why Immediate Action Saves Cases

In 18-wheeler accident cases, evidence disappears fast. While you’re in the hospital, the trucking company is already building its defense. Their rapid-response team is at the scene within hours. Their lawyers are reviewing driver statements. And their insurance adjuster is looking for ways to minimize your claim.

Critical Evidence Destruction Timeline:

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 Legal Shield

Within 24-48 hours of being retained, we send formal spoliation letters to:

• The trucking company
• Their insurance carrier
• The truck owner (if different)
• Any maintenance companies
• Freight brokers involved

This letter puts them on legal notice that litigation is anticipated and all evidence must be preserved. Destroying evidence after receiving our letter can result in:

• Adverse inference instructions — juries told to assume destroyed evidence was unfavorable
• Monetary sanctions against the trucking company
• Default judgment in extreme cases
• Punitive damages for intentional destruction

What Our Spoliation Letter Demands:

Electronic Data:

• ECM/EDR data download
• ELD records for 6 months prior
• GPS and telematics data
• Dashcam and forward-facing camera footage
• Dispatch communications
• Cell phone records and text messages

Driver Records:

• Complete Driver Qualification File
• Employment application and background check
• Medical certification and exam records
• Drug and alcohol test results
• Training records and certifications
• Previous accident and violation history

Vehicle Records:

• Maintenance and repair records for 1 year
• Inspection reports (pre-trip, post-trip, annual)
• Out-of-service orders and repairs
• Tire records and replacement history
• Brake inspection and adjustment records

Company Records:

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

Physical Evidence:

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

Why This Matters for Your Lincoln County Case

Colorado’s modified comparative negligence system (50% bar rule) means every piece of evidence matters. If the trucking company can shift even 1% more fault to you, your recovery drops—or disappears entirely.

Our immediate preservation protocol ensures we have the evidence to:

• Prove the driver’s negligence
• Establish the trucking company’s direct negligence
• Defeat comparative fault arguments
• Maximize your recovery under Colorado law

The Clock Started When the Truck Hit You

Every hour you wait, evidence disappears. The trucking company is already building their defense. Their insurance adjuster is already looking for ways to pay you less.

What are you doing?

Call Attorney911 NOW at 1-888-ATTY-911. We’ll send a spoliation letter within 24 hours. We’ll preserve the evidence that wins cases. And we’ll fight for every dollar you deserve.

Catastrophic Injuries: When Life Changes Forever

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. When 80,000 pounds collides with 4,000 pounds, the energy transfer is devastating.

The Mathematics of Devastation

Factor	The Reality
Weight Differential	Truck is 20-25 times heavier than your car
Kinetic Energy	80 times greater at same speed
Stopping Distance	525 feet for truck vs. 300 feet for car
Impact Force	Catastrophic even at “low” speeds

Traumatic Brain Injury (TBI)

What It Is: Damage to the brain from sudden trauma. In trucking accidents, the extreme forces cause the brain to impact the inside of the skull.

Severity Levels:

Level	Symptoms	Long-Term Impact
Mild (Concussion)	Confusion, headache, brief unconsciousness	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

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 accidents. As client Ernest Cano said, “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”

Spinal Cord Injury and Paralysis

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

Types of Paralysis:

Type	Definition	Impact on Life
Paraplegia	Loss of function below the waist	Cannot walk, may affect bladder/bowel control, requires wheelchair
Quadriplegia	Loss of function in all four limbs	Cannot walk or use arms, may need breathing assistance, 24/7 care
Incomplete Injury	Some nerve function remains	Variable—may have some sensation or movement, unpredictable recovery
Complete Injury	No nerve function below injury	Total loss of sensation and movement, permanent disability

Level of Injury Matters:

• Higher injuries (cervical spine) affect more body functions
• C1-C4 injuries may require ventilator for breathing
• Lower injuries (lumbar) affect legs but preserve arm function

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 in Trucking Accidents:

• Traumatic Amputation: Limb severed at the scene by crash forces or crushing
• Surgical Amputation: Limb so severely damaged it must be surgically removed

Common Causes in 18-Wheeler Accidents:

• Crushing forces from truck impact
• Entrapment requiring amputation for extraction
• Severe burns requiring surgical removal
• Infections from open wounds

Ongoing Medical Needs:

• Initial surgery and hospitalization
• Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
• Replacement prosthetics throughout lifetime
• Physical therapy and rehabilitation
• Occupational therapy for daily living skills
• Psychological counseling for body image and trauma

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. As client Kiimarii Yup shared, “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.”

Severe Burns

How Burns Occur in 18-Wheeler Accidents:

• Fuel tank rupture and fire
• Hazardous materials spills and ignition
• Electrical fires from battery/wiring damage
• Friction burns from road contact
• Chemical burns from hazmat exposure

Burn Classification:

Degree	Depth	Treatment Required
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 in Trucking Accidents:

• Liver laceration or rupture
• Spleen damage requiring removal
• Kidney damage
• Lung contusion or collapse (pneumothorax)
• Internal bleeding (hemorrhage)
• Bowel and intestinal damage

Why These Injuries Are Especially Dangerous:

• May not show immediate symptoms (adrenaline masks pain)
• Internal bleeding can be life-threatening within hours
• Requires emergency surgery
• Organ removal affects long-term health and function

Wrongful Death

When a trucking accident takes a loved one, Colorado law allows surviving family members to pursue justice through wrongful death claims.

Who Can Bring a Wrongful Death Claim in Colorado:

• Surviving spouse (first priority)
• Children (if no spouse)
• Parents (if no spouse or children)
• Estate representative

Types of Claims Available:

• Wrongful Death Action: Compensation for survivors’ losses (lost companionship, financial support, emotional suffering)
• Survival Action: Compensation for decedent’s pain and suffering before death

Damages Recoverable:

• 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 proven)

Colorado’s Two-Year Deadline: You have just two years from the date of death to file a wrongful death lawsuit. But waiting is dangerous—evidence disappears, witnesses forget, and the trucking company builds its defense. Contact us immediately.

Our Experience: We’ve recovered $1.9 million to $9.5 million in wrongful death cases involving commercial trucks. We understand that no amount of money replaces your loved one—but holding the responsible parties accountable can prevent future tragedies and provide financial security for your family.

Colorado Law: What You Need to Know After a Lincoln County Trucking Accident

Understanding Colorado’s specific legal framework is essential for protecting your rights after a trucking accident in Lincoln County.

Statute of Limitations: The Clock Is Ticking

Claim Type	Deadline	Critical Warning
Personal Injury	2 years from accident date	Evidence disappears fast—don’t wait
Wrongful Death	2 years from date of death	Separate from injury claim deadline
Property Damage	3 years from accident date	Don’t let vehicle evidence be destroyed

Why Immediate Action Matters: While two years sounds like plenty of time, critical evidence in trucking cases can be destroyed in days or weeks. Black box data overwrites in 30 days. Dashcam footage deletes in 7-14 days. Witness memories fade. And the trucking company is already building its defense.

We send spoliation letters within 24 hours of being retained to preserve this evidence. Every day you wait makes your case harder to prove.

Comparative Negligence: Colorado’s 50% Bar Rule

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

Your Fault Percentage	Your Recovery
0-49%	Reduced by your fault percentage (e.g., 20% fault = 80% recovery)
50% or more	You recover nothing
0% (other party 100% at fault)	Full recovery of all damages

Why This Matters: The trucking company and their insurance will try to shift blame to you. Even 1% more fault assigned to you can mean the difference between a substantial recovery and nothing. We fight aggressively to prove the truck driver and company were 100% responsible.

Evidence We Use to Defeat Comparative Fault Claims:

• ECM data proving truck speed and braking
• ELD records showing driver fatigue
• Black box data reconstructing the collision
• Expert accident reconstruction
• Witness testimony
• Physical evidence from the scene

Damage Caps: Colorado’s Limitations

Colorado imposes specific caps on certain damages in personal injury cases:

Damage Type	Cap	Notes
Non-Economic Damages (Pain & Suffering)	$300,000 (adjustable)	Can increase to $500,000 with clear and convincing evidence
Punitive Damages	Equal to compensatory damages	Requires clear and convincing evidence of willful and wanton conduct

Important Exceptions: These caps do NOT apply to:

• Economic damages (medical bills, lost wages, future care)
• Wrongful death claims (different statutory framework)
• Cases involving permanent physical impairment

Strategic Implications: Our attorneys know how to structure claims to maximize recovery within Colorado’s framework. We pursue multiple theories of liability to access multiple insurance pools. And when trucking company conduct warrants it, we fight for punitive damages that punish gross negligence and deter future misconduct.

The Evidence That Wins Lincoln County Trucking Cases

Trucking accident cases rise or fall on evidence. The trucking company has teams of investigators working immediately after a crash. You need attorneys who work just as fast—and know exactly what evidence to preserve.

Electronic Data: The Objective Truth

Engine Control Module (ECM) / Electronic Control Unit (ECU)

The truck’s “black box” continuously records:

• Engine performance and RPM
• Vehicle speed
• Throttle position
• Cruise control status
• Fault codes and mechanical issues

Event Data Recorder (EDR)

Triggered by sudden deceleration or airbag deployment, records:

• Pre-crash speed
• Brake application timing and force
• Steering inputs
• Seatbelt usage
• Airbag deployment

Critical Timeline: ECM/EDR data can be overwritten in 30 days or with as few as 5-10 new driving events. Some systems overwrite faster. We send preservation demands immediately.

Electronic Logging Device (ELD)

Since December 18, 2017, federal law requires most trucks to use ELDs that:

• Automatically record driving time (no more falsified paper logs)
• Synchronize with vehicle engine for objective data
• Record GPS location and route history
• Track duty status changes
• Cannot be altered after the fact

Why ELD Data Is Critical:

ELDs prove hours-of-service violations that cause fatigue-related accidents. They show:

• Exactly how long the driver was on duty
• Whether required breaks were taken
• Any violations of the 11-hour, 14-hour, or 60/70-hour rules
• Patterns of schedule pressure from dispatchers

Retention Period: FMCSA requires only 6 months of ELD data retention. After that, carriers can legally delete. We demand immediate preservation.

GPS and Telematics Data

Modern fleets use real-time tracking that records:

• Exact location history
• Speed at all times
• Route taken
• Stops made
• Driver behavior (hard braking, rapid acceleration)

This data can prove:

• The driver was speeding for conditions
• Unrealistic schedule demands from dispatch
• Route deviations that caused fatigue
• Patterns of dangerous driving

Dashcam Footage

Many trucks now have:

• Forward-facing cameras recording the road
• Cab-facing cameras recording driver behavior
• Some record continuously; others only save when triggered

Critical Timeline: Dashcam footage is often deleted within 7-14 days as systems overwrite storage. Immediate preservation demands are essential.

Driver Records: Proving Systemic Negligence

Driver Qualification (DQ) File

Federal law requires every carrier to maintain a complete file for every driver, including:

Document	What It Proves
Employment application	Whether company verified qualifications
Motor vehicle record	Prior violations the company knew or should have known
Road test certificate	Whether driver was properly evaluated
Medical examiner’s certificate	Physical fitness to operate (max 2 years)
Annual driving record review	Whether company monitored ongoing safety
Previous employer inquiries	3-year history investigation (often skipped)
Drug and alcohol test records	Pre-employment and random testing compliance

When DQ Files Prove Negligent Hiring:

Missing or incomplete files prove the company failed to:

• Verify the driver was qualified
• Check for prior accidents or violations
• Confirm medical fitness
• Conduct proper background checks

We’ve won cases where carriers hired drivers with:

• Suspended CDLs
• Multiple prior accidents
• Positive drug tests
• Medical conditions disqualifying them from driving

Hours of Service Records

We demand:

• ELD data for 6 months prior to accident
• Paper log books (backup documentation)
• Dispatch records showing schedule pressure
• Delivery schedules and deadlines

These records prove whether the driver was:

• Operating beyond the 11-hour driving limit
• Working beyond the 14-hour duty window
• Skipping required 30-minute breaks
• Violating weekly 60/70-hour limits
• Pressured by dispatchers to violate regulations

Drug and Alcohol Test Results

Federal law requires:

• Pre-employment drug testing
• Random drug testing (minimum annual rate)
• Post-accident drug testing (within 32 hours for alcohol, 8 hours for drugs)
• Reasonable suspicion testing

Positive tests, refused tests, or failure to test create automatic liability.

Vehicle Records: Proving Maintenance Neglect

Maintenance and Repair Records

Federal law requires systematic inspection, repair, and maintenance. We demand:

• Complete maintenance records for 1 year
• Brake inspection and adjustment records
• Tire replacement and inspection logs
• Out-of-service orders and repairs
• Mechanic work orders and parts records

These records prove whether the company:

• Deferred critical maintenance to save money
• Ignored known defects
• Used substandard parts
• Failed to address driver-reported problems

Inspection Reports

Drivers must complete:

• Pre-trip inspections before every trip (49 CFR § 396.13)
• Post-trip reports after every day’s driving (49 CFR § 396.11)

Post-trip reports must cover 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

When drivers report defects and companies fail to repair them before the next trip, we prove knowing negligence that warrants punitive damages.

Annual Inspection Records

Every CMV must pass comprehensive annual inspection covering 16+ systems. Records must be retained for 14 months. Missing or falsified annual inspections prove systemic safety violations.

Physical Evidence: The Scene Tells the Story

The Truck and Trailer Themselves

We demand immediate access to:

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

Physical examination by our experts can reveal:

• Brake system failures
• Tire defects
• Steering mechanism problems
• Cargo securement failures
• Manufacturing defects

Accident Scene Evidence

We deploy investigators to document:

• Skid mark patterns and lengths
• Vehicle final resting positions
• Debris scatter patterns
• Road conditions and weather
• Traffic control devices
• Sight lines and visibility
• Surveillance cameras from nearby businesses

This physical evidence, combined with electronic data, reconstructs exactly what happened.

Witness Statements

We interview witnesses immediately while memories are fresh:

• Other drivers who saw the accident
• Passengers in involved vehicles
• Bystanders and pedestrians
• First responders
• Dispatchers who communicated with the driver

Witness testimony provides crucial context that electronic data cannot—what the driver was doing, how the truck was behaving, warning signs before the crash.

Insurance Coverage: Why Trucking Cases Are Different

Trucking accident cases are fundamentally different from car accidents because of the insurance involved. While a typical car accident might involve $30,000-$100,000 in coverage, trucking accidents typically have $750,000 to $5 million or more available.

Federal Minimum Insurance Requirements

Cargo Type	Minimum Coverage	Typical Lincoln County Application
Non-Hazardous Freight (10,001+ lbs GVWR)	$750,000	Most general freight, agricultural products
Oil/Petroleum (10,001+ lbs GVWR)	$1,000,000	Oil field equipment, petroleum products
Large Equipment (10,001+ lbs GVWR)	$1,000,000	Agricultural machinery, construction equipment
Hazardous Materials (All)	$5,000,000	Chemical transport, explosives, radioactive materials
Passengers (16+ passengers)	$5,000,000	Not applicable to most trucking
Passengers (15 or fewer)	$1,500,000	Not applicable to most trucking

Why Higher Coverage Matters

The higher insurance minimums in trucking cases mean:

1. Catastrophic injuries can actually be compensated — Unlike car accidents where coverage may be exhausted by hospital bills alone, trucking policies can cover lifelong care needs

2. Multiple liable parties mean multiple policies — We pursue every potentially liable party (driver, company, shipper, loader, manufacturer, etc.), each with their own insurance

3. Punitive damages become realistic — When trucking companies act with gross negligence, their deep pockets mean punitive damages can actually be collected, not just awarded

4. Settlement leverage increases — Insurance companies know trucking cases can result in massive verdicts. This creates pressure to settle fairly.

Types of Damages We Pursue

Economic Damages (Calculable Losses):

Category	What’s Included
Medical Expenses	Emergency care, hospitalization, surgery, rehabilitation, medications, medical equipment, future projected care
Lost Wages	Income lost during recovery, including bonuses, commissions, benefits
Lost Earning Capacity	Reduction in future earning ability due to permanent limitations
Property Damage	Vehicle repair or replacement, personal property destroyed
Out-of-Pocket Expenses	Transportation to medical appointments, home modifications, adaptive equipment
Life Care Costs	Ongoing care for catastrophic injuries (nursing, therapy, assistance)

Non-Economic Damages (Quality of Life):

Category	What’s Included
Pain and Suffering	Physical pain from injuries, both immediate and chronic
Mental Anguish	Psychological trauma, anxiety, depression, PTSD
Loss of Enjoyment	Inability to participate in hobbies, activities, life events
Disfigurement	Scarring, visible injuries, amputation
Loss of Consortium	Impact on marriage—loss of companionship, intimacy, support
Physical Impairment	Reduced physical capabilities, disability

Punitive Damages (Punishment for Gross Negligence):

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 (1:1 ratio) unless the court finds justification for a higher award based on specific statutory factors.

Why Choose Attorney911 for Your Lincoln County Trucking Accident Case

25+ Years of Fighting for Trucking Accident Victims

Ralph Manginello has been representing injury victims since 1998. In that time, he’s built a reputation as one of the most aggressive trucking litigators in the region. His federal court admission to the U.S. District Court, Southern District of Texas, gives him the capability to handle complex interstate trucking cases that lesser-qualified attorneys cannot touch.

But credentials on paper don’t win cases. Results do. And our results speak for themselves.

Multi-Million Dollar Results for Catastrophic Injuries

Injury Type	Settlement Range	Our Results
Traumatic Brain Injury	$1.5M – $9.8M	$5+ million for logging accident TBI
Spinal Cord Injury	$4.7M – $25.8M	Multiple seven-figure recoveries
Amputation	$1.9M – $8.6M	$3.8+ million for car accident amputation
Wrongful Death	$1.9M – $9.5M	Millions recovered for Colorado families
Maritime/Offshore	Varies	$2+ million for Jones Act back injury

Total Client Recoveries: $50+ Million

These aren’t just numbers. They represent real people whose lives were shattered by trucking company negligence—and who we helped rebuild.

The Insurance Defense Advantage: Lupe Peña

Here’s what separates Attorney911 from every other personal injury firm in the region: We have a former insurance defense attorney on our team.

Lupe Peña spent years working at a national insurance defense firm. He watched adjusters minimize claims. He learned their training manuals. He saw exactly how they evaluate, delay, and deny legitimate claims to protect profits.

Now he uses that insider knowledge to fight FOR you.

What Lupe Knows That Wins Cases:

Insurance Company Tactic	Lupe’s Counter-Strategy
Quick lowball settlement offers	Never accept early; calculate full future damages first
Denying or minimizing injuries	Comprehensive medical documentation and expert testimony
Blaming the victim (comparative fault)	Full investigation gathering evidence disproving fault
Delaying the claims process	File lawsuit to force discovery; set depositions
Using recorded statements against victims	Advise clients NEVER give statements without attorney
“Pre-existing condition” defenses	Apply Colorado’s “eggshell plaintiff” doctrine
“Gap in treatment” attacks	Document all treatment; explain gaps with medical records
Surveillance investigators	Advise clients on appropriate conduct; expose unfair tactics
“Independent” medical examiners	Counter with treating physicians and independent experts

As Lupe told ABC13 Houston in our $10 million University of hazing lawsuit coverage: “If this prevents harm to another person, that’s what we’re hoping to do. Let’s bring this to light. Enough is enough.”

That same fighting spirit applies to every trucking accident case we handle.

Federal Court Experience That Matters

Ralph Manginello’s admission to the U.S. District Court, Southern District of Texas, isn’t just a credential—it’s a capability that most personal injury attorneys lack.

Interstate trucking cases often belong in federal court under:

• Diversity jurisdiction (parties from different states)
• Federal question jurisdiction (FMCSA regulations)
• Class action or mass tort (multiple victims)

Federal court experience means:

• We can file where it benefits you most
• We understand federal procedural rules
• We have relationships with federal judges and magistrates
• We can handle complex interstate discovery

When the trucking company is from another state, when the accident involved interstate commerce, or when federal regulations are central to your case—our federal court capability is your advantage.

The BP Texas City Experience: Taking on Corporate Giants

Most personal injury firms have never litigated against a Fortune 500 company. We have.

Attorney911 was one of the few Texas firms involved in litigation against BP after the 2005 Texas City Refinery explosion—one of the deadliest industrial accidents in American history. Fifteen workers killed. More than 170 injured. Over $2.1 billion in total industry settlements.

That experience taught us how to:

• Navigate complex multi-defendant litigation
• Take on teams of corporate lawyers
• Prove systemic safety failures
• Secure life-changing compensation against well-funded opponents

When your trucking accident case involves a major carrier like Walmart, Amazon, FedEx, UPS, or Coca-Cola—that experience matters. They have lawyers. So do we. And we know how to win.

Your Questions Answered: Lincoln County 18-Wheeler Accident FAQ

Immediate After-Accident Questions

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

If you’re able, take these steps:

• Call 911 and report the accident—request medical assistance even if injuries seem minor
• Document the scene with photos and video: all vehicles, damage, road conditions, skid marks, weather, traffic signs
• Get the trucking company name, DOT number (on truck door), driver information, and insurance details
• Collect witness contact information
• Do NOT give recorded statements to any insurance company
• Seek medical attention immediately—adrenaline masks serious injuries
• Call an 18-wheeler accident attorney within 24 hours

Should I go to the hospital even if I feel okay?

Absolutely yes. Adrenaline and shock mask pain after traumatic accidents. Internal injuries, traumatic brain injury, and spinal cord damage may not show symptoms for hours or days. Lincoln County’s medical facilities can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to claim your injuries weren’t caused by the accident.

What information should I collect at the scene?

Document everything possible:

• Truck and trailer license plates
• DOT number (required on truck door)
• Trucking company name and logo
• Driver’s name, CDL number, contact information
• Photos of ALL vehicle damage from multiple angles
• Photos of the accident scene, road conditions, skid marks, debris
• Photos of your injuries (immediately and as they develop)
• Witness names, phone numbers, and email addresses
• Responding officer’s name and badge number
• Weather conditions and visibility

Should I talk to the trucking company’s insurance adjuster?

Never. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes Lupe Peña, a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests. Let us handle all communications.

How quickly should I contact an attorney?

Immediately—within 24-48 hours if possible. Critical evidence in trucking cases disappears fast. Black box data can be overwritten in 30 days. Dashcam footage deletes in 7-14 days. Witness memories fade. And the trucking company is already building its defense. We send spoliation letters within hours of being retained to preserve evidence before it’s lost.

What is a spoliation letter and why does it matter?

A spoliation letter is a formal 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.

Trucking Company and Driver Questions

Who can I sue after an 18-wheeler accident in Lincoln County?

Multiple parties may be liable:

• 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 respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for negligent hiring, training, supervision, maintenance, and scheduling.

What if the truck driver says the accident was my fault?

Colorado’s modified comparative negligence system means even if you were partially at fault, you may still recover compensation—as long as you’re not 50% or more 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.

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 all 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—supporting punitive damages claims.

Evidence and Investigation Questions

What is a truck’s “black box” and how does it help my case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data—similar to airplane black boxes. This data can show speed before and during the crash, brake application timing, engine RPM and throttle position, whether cruise control was engaged, and fault codes revealing mechanical issues.

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

Our immediate spoliation letters prevent this destruction and create powerful leverage in settlement negotiations.

FMCSA Regulations Questions

What are hours of service regulations and how do violations cause accidents?

FMCSA regulations limit how long truck drivers can operate to prevent fatigue-related crashes. Violations—driving beyond 11 hours, working beyond 14 hours, skipping breaks—cause approximately 31% of fatal truck crashes. Fatigued drivers have delayed reaction times, impaired judgment, and can fall asleep at the wheel.

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—harder with ELDs but still attempted)
• 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, and training documentation. Missing or incomplete files prove negligent hiring—hiring drivers without verifying they were qualified and safe.

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. Post-trip inspection reports are especially powerful—when drivers report defects and companies fail to repair them before the next trip, we prove knowing, willful disregard for safety.

Injury and Medical Questions

What injuries are common in 18-wheeler accidents in Lincoln 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 Lincoln 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 in similar cases nationwide.

What if my loved one was killed in a trucking accident in Lincoln 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 is proven

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

Legal Process Questions

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

Colorado’s statute of limitations is two years from the accident date for personal injury claims, and two years from the date of death for wrongful death. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do trucking accident cases take to resolve?

Timelines vary:

• Simple cases with clear liability: 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. Our preparation often leads to faster settlements because insurance companies know we’re ready for trial.

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.

This means you get the same quality representation as wealthy corporations—regardless of your financial situation.

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, rather than leaving victims with unpaid medical bills.

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. Multiple policies mean multiple sources of compensation.

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.

As client Donald Wilcox discovered: “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.” The difference was having attorneys who knew how to fight—and win.

Hablamos Español: Legal Services for Lincoln County’s Spanish-Speaking Community

We understand that many trucking accident victims in Lincoln County speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.

Why This Matters:

• No miscommunication: Legal concepts are complex enough without translation errors
• Cultural understanding: We understand the concerns of immigrant families
• Direct access: You speak directly to your attorney, not through staff
• Documentation in Spanish: We can provide materials in your preferred language

Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis. No pague nada a menos que ganemos su caso.

Your Next Step: The Call That Changes Everything

You’ve read about the physics that make trucking accidents catastrophic. The regulations trucking companies violate. The evidence that disappears in days. The multiple parties who may be liable. And the insurance coverage that can actually compensate you for catastrophic injuries.

Now you have a choice.

The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. Their rapid-response team has already documented the scene in ways that protect them, not you.

What are you doing?

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

Or you can fight back.

Call Attorney911 at 1-888-ATTY-911 right now.

Here’s what happens when you call:

1. Immediate response — We answer 24/7. No voicemail. No “we’ll call you back tomorrow.” Real attorneys taking real calls.

2. Free case evaluation — We listen to your story, review what you know, and give you honest assessment of your options.

3. Immediate evidence preservation — If you hire us, we send spoliation letters within 24 hours. We preserve the black box data, ELD records, and physical evidence that wins cases.

4. No upfront costs — We work on contingency. You pay nothing unless we win. We advance all investigation and litigation costs.

5. Aggressive representation — We investigate every liable party. We prove every FMCSA violation. We prepare every case for trial. And we don’t settle for less than you deserve.

As client Glenda Walker told us: “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.”

That’s what we do. We fight for every dime. Because when a trucking company’s negligence changes your life forever, “good enough” isn’t good enough.

Call 1-888-ATTY-911 now. The consultation is free. The call could change everything.

Attorney911 — The Manginello Law Firm, PLLC

Houston: 1177 West Loop S, Suite 1600 | Austin: 316 West 12th Street | Beaumont: Available for meetings

1-888-ATTY-911 (1-888-288-9911) | ralph@atty911.com | lupe@atty911.com

24/7 Availability | Contingency Fee | Hablamos Español