18-Wheeler & Trucking Accident Attorneys in Montrose County, Colorado
When 80,000 Pounds Changes Everything
The impact was catastrophic. One moment you’re driving through Montrose County on your way to work, the grocery store, or home to your family. The next, an 80,000-pound commercial truck has turned your world upside down—literally.
Every 16 minutes, someone in America is injured in a commercial truck crash. Here in Montrose County, Colorado, our position at the crossroads of major Western Slope highways makes us particularly vulnerable. Interstate 70 cuts through our northern reaches, carrying transcontinental freight through the treacherous mountain passes. U.S. Highway 50 serves as a critical east-west corridor, while State Highway 550 brings heavy traffic north from Durango toward Montrose and beyond.
If you or someone you love has been hurt in an 18-wheeler accident in Montrose County, you need more than a lawyer—you need a fighter. You need someone who understands federal trucking regulations, who knows how to preserve critical evidence before it disappears, and who has the experience to stand up to the largest trucking companies in America.
That’s exactly what we do at Attorney911.
Why Montrose County 18-Wheeler Accidents Are Different
The Mountain West Challenge
Montrose County isn’t flat prairie or urban gridlock. We’re high-altitude, high-stakes territory where trucking accidents present unique dangers you won’t find in other parts of Colorado or the country.
Elevation Effects on Truck Performance
At 5,800 feet above sea level in Montrose—and climbing to over 11,000 feet on nearby mountain passes—truck engines lose significant power. For every 1,000 feet of elevation gain, gasoline engines lose approximately 3% of their power. Diesel engines fare better but still suffer performance degradation. This means trucks entering Montrose County from lower elevations may be operating with reduced capability precisely when they need maximum performance for steep grades.
Brake Fade on Mountain Descents
The descent from Monarch Pass on U.S. 50, the downgrade from Red Mountain Pass on Highway 550, and the long grades on I-70 approaching the Eisenhower Tunnel all create conditions for brake fade. When truck drivers ride their brakes instead of using proper technique—downshifting and using engine braking—brake temperatures can exceed 500°F, causing complete loss of braking effectiveness.
We’ve investigated cases where truck drivers, unfamiliar with mountain driving techniques, burned through their brakes on descents into Montrose County, then couldn’t stop at intersections or traffic backups. The results were catastrophic.
Weather Extremes
Montrose County experiences dramatic weather shifts that challenge even experienced truck drivers:
- Winter storms: Heavy snow on I-70, U.S. 50, and Highway 550 can create whiteout conditions and black ice
- Spring runoff: Melting snow creates hydroplaning hazards and undermines road shoulders
- Summer thunderstorms: Sudden, intense storms reduce visibility and create flash flooding on desert roads
- High winds: The Uncompahgre Valley and exposed mountain ridges experience sustained winds that affect high-profile vehicles
Limited Emergency Services
Unlike urban areas, much of Montrose County is rural with extended response times for emergency services. When a trucking accident occurs on a remote stretch of Highway 550 or in the backcountry, victims may wait 30-60 minutes or longer for ambulance and fire/rescue response. This delay can turn survivable injuries into fatal ones, particularly in cases of internal bleeding or traumatic brain injury.
The 10 Potentially Liable Parties in Your Montrose County Trucking Accident
Most law firms look at a trucking accident and see one defendant: the driver. At Attorney911, we see a web of potential liability that can dramatically increase your recovery. Here’s who we investigate in every Montrose County 18-wheeler case:
1. The Truck Driver
The most obvious defendant, but often not the deepest pocket. We pursue drivers for:
- Speeding or reckless driving on Montrose County’s mountain highways
- Distracted driving (cell phone use, GPS manipulation, eating)
- Fatigued driving beyond federal hours-of-service limits
- Impaired driving (alcohol, prescription drugs, illegal substances)
- Failure to conduct proper pre-trip inspections
- Inadequate training for mountain driving conditions
2. The Trucking Company / Motor Carrier
This is where the real money usually is. Trucking companies carry $750,000 to $5 million in insurance, and we hold them accountable through:
Vicarious Liability (Respondeat Superior)
When the driver is an employee acting within the scope of employment, the company is automatically liable for their negligence.
Direct Negligence Claims
- Negligent Hiring: Did the company fail to check the driver’s record? Hire someone with a history of accidents or violations? Skip the required background investigation under 49 CFR § 391.23?
- Negligent Training: Did the company provide adequate training for mountain driving? Cargo securement? Hours of service compliance? Defensive driving?
- Negligent Supervision: Did the company monitor the driver’s ELD data? Respond to HOS violations? Address safety complaints?
- Negligent Maintenance: Did the company maintain the vehicle according to FMCSA requirements? Ignore known defects? Defer critical repairs to save money?
- Negligent Scheduling: Did dispatch pressure the driver to violate hours of service? Set impossible delivery deadlines? Ignore driver fatigue complaints?
3. The Cargo Owner / Shipper
Companies that own the cargo being transported may be liable when:
- They provided improper loading instructions
- They failed to disclose hazardous materials
- They required overweight loading that exceeded vehicle ratings
- They pressured the carrier to expedite delivery beyond safe limits
- They misrepresented cargo weight or characteristics
In Montrose County, we see this frequently with agricultural shippers (hay, livestock, produce) and mining operations (ores, equipment) that may prioritize speed over safety.
4. The Cargo Loading Company
Third-party loading companies can be liable for:
- Improper cargo securement violating 49 CFR § 393.100-136
- Unbalanced load distribution causing rollover risk
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, or friction mats
- Using worn or inadequate tiedown equipment
- Failing to re-inspect cargo during the trip
5. The Truck and Trailer Manufacturer
Product liability claims against manufacturers arise from:
- Design defects in brake systems, stability control, or fuel tank placement
- Manufacturing defects in frames, axles, or coupling devices
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
6. The Parts Manufacturer
Component manufacturers may be liable for:
- Defective brake pads, rotors, or air brake systems
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
7. The Maintenance Company
Third-party maintenance providers can be liable for:
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or incorrect parts
- Returning vehicles to service with known defects
8. The Freight Broker
Brokers who arrange transportation may be liable for:
- Negligent selection of carriers with poor safety records
- Failure to verify carrier insurance and operating authority
- Failure to check carrier CSA scores
- Selecting cheapest carrier despite safety concerns
9. The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the owner may be liable for:
- Negligent entrustment of vehicle to unqualified driver
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
10. Government Entities
Federal, state, or local government may share liability for:
- Dangerous road design (inadequate banking on curves, poor sightlines)
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
In Montrose County, we’ve investigated accidents where inadequate signage on Highway 550’s hairpin turns, missing guardrails on mountain descents, and poor road maintenance contributed to or caused trucking accidents.
FMCSA Regulations That Prove Negligence in Montrose County Trucking Accidents
The Federal Motor Carrier Safety Administration (FMCSA) regulates every aspect of commercial trucking. When trucking companies and drivers violate these regulations, 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 Parts of FMCSA Regulations
| Part | Title | What It Covers | Why It Matters for Your Case |
|---|---|---|---|
| Part 390 | General Applicability | Definitions, who regulations apply to | Establishes that the trucking company and driver were subject to federal safety requirements |
| Part 391 | Driver Qualification | Who can drive, medical requirements, training, background checks | Proves negligent hiring if driver was unqualified |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol, speeding, following distance | Direct evidence of driver negligence |
| Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights, tires | Proves mechanical failures and maintenance neglect |
| Part 395 | Hours of Service | How long drivers can drive, required rest breaks | Fatigue is a factor in 31% of fatal truck crashes |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, repair records | Deferred maintenance causes brake failures, tire blowouts |
Critical Violations in Montrose County Mountain Driving
49 CFR § 392.3 — Ill or Fatigued Operator
“No driver shall operate a commercial motor vehicle… while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
Why This Matters in Montrose County: Mountain driving requires heightened alertness. Fatigued drivers misjudge curves, react slowly to changing conditions, and make poor decisions about speed and following distance. When we obtain ELD data showing a driver exceeded 11 hours of driving time or operated beyond their 14-hour duty window, we have direct evidence of FMCSA violation that proves negligence.
49 CFR § 392.6 — Speeding
“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”
Why This Matters in Montrose County: Trucking companies often set impossible delivery schedules that force drivers to speed through mountain curves and descents. When we analyze ECM data showing speeds inconsistent with safe mountain driving—or when dispatch records reveal delivery deadlines that could only be met by speeding—we prove the company created the dangerous conditions that caused your accident.
49 CFR § 393.100-136 — Cargo Securement
Cargo must be contained, immobilized, or secured to prevent leaking, spilling, blowing, or falling from the vehicle. Securement systems must withstand 0.8g forward deceleration, 0.5g rearward acceleration, and 0.5g lateral forces.
Why This Matters in Montrose County: Improperly secured cargo shifts on mountain curves, changing the truck’s center of gravity and causing rollovers. We’ve investigated accidents on Highway 550 where hay bales, mining equipment, and construction materials shifted during turns, causing drivers to lose control. Cargo securement violations are often the direct cause of mountain trucking accidents.
49 CFR § 395 — Hours of Service
| Rule | Requirement | Violation Consequence |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Fatigue-related accidents |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Driver exhaustion |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | Impaired alertness |
| 60/70-Hour Weekly Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Cumulative fatigue |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate recovery |
Why This Matters in Montrose County: Long-haul drivers crossing Colorado’s Western Slope often push through fatigue to make delivery deadlines. The combination of mountain driving demands and exhausted drivers creates deadly conditions. ELD data showing HOS violations is often the smoking gun that proves negligence and transforms a case from “he said, she said” to clear liability.
The 48-Hour Evidence Preservation Protocol: Why Immediate Action Saves Montrose County Cases
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 may already be at the accident scene.
What are you doing?
In 18-wheeler accident cases, evidence disappears fast. Critical data that could prove the trucking company’s negligence can be destroyed or overwritten within days—sometimes hours. If you don’t act immediately, you may lose the evidence that wins your case.
Critical Evidence Destruction Timelines
| Evidence Type | Destruction Risk | What We Do |
|---|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events | Send spoliation letter within 24 hours; demand immediate download |
| ELD Hours-of-Service Data | FMCSA requires only 6-month retention; often deleted sooner | Subpoena complete ELD records; preserve GPS and duty status logs |
| Dashcam Footage | Deleted within 7-14 days routinely | Demand preservation of all camera systems; obtain before overwrite |
| Surveillance Video | Business cameras typically overwrite in 7-30 days | Canvass area immediately; send preservation demands to all nearby businesses |
| Physical Evidence | Truck may be repaired, sold, or scrapped; cargo dispersed | Demand vehicle preservation; photograph before any alteration |
| Witness Memory | Fades significantly within weeks; details lost within months | Interview witnesses immediately; obtain signed statements |
| Drug/Alcohol Tests | Must be conducted within specific windows; results time-limited | Demand immediate testing; preserve chain of custody documentation |
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. Once this letter is sent, the trucking company has a legal duty to preserve evidence—and destroying it after receiving notice can result in severe sanctions.
What Our Spoliation Letters Demand:
Electronic Data Preservation:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data including all fault codes, speed records, brake applications, and throttle position
- Event Data Recorder (EDR) pre-crash data
- Electronic Logging Device (ELD) records showing hours of service, duty status changes, and GPS location history
- GPS and telematics data from all onboard systems
- Dashcam footage from forward-facing and driver-facing cameras
- Dispatch communications, Qualcomm messages, and fleet management system data
- Cell phone records and text message logs for the driver
Driver Records Preservation:
- Complete Driver Qualification File including employment application, background check, and previous employer verification
- Motor Vehicle Record from all states where licensed
- Medical certification and examination records
- Drug and alcohol test results (pre-employment, random, and post-accident)
- Training records and certifications
- Performance reviews and disciplinary records
Vehicle Records Preservation:
- All maintenance and repair records for the past three years
- Inspection reports (pre-trip, post-trip, annual, and roadside)
- Out-of-service orders and repair documentation
- Tire records including age, mileage, and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation documentation
Company Records Preservation:
- Hours of service records for six months prior to the accident
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- All insurance policies including primary, excess, and umbrella coverage
- Safety policies and procedures
- Training curricula and materials
- Hiring and supervision policies
Physical Evidence Preservation:
- The truck and trailer in their post-accident condition
- All failed or damaged components
- Cargo and all securement devices used
- Any tire remnants if blowout was involved
Why We Act Within 24-48 Hours
The trucking company is already building their defense. They have lawyers on retainer. Their insurance adjuster has already started looking for ways to minimize your claim. Their safety director is reviewing the driver’s logs to find exculpatory evidence.
Every hour you wait, they get stronger. Every hour you wait, evidence gets weaker.
When you call Attorney911 at 1-888-ATTY-911, we immediately:
- Accept your case and begin investigation
- Send spoliation letters to all potentially liable parties
- Deploy accident reconstruction experts if needed
- Obtain police crash reports and 911 call recordings
- Photograph your injuries with medical documentation
- Photograph all vehicles before repair or disposal
- Identify all potentially liable parties
- Subpoena ELD and black box data
- Interview witnesses before memories fade
The trucking company hopes you don’t know your rights. Let’s change that.
Call 1-888-ATTY-911 now. Free consultation. 24/7 availability. No fee unless we win.
Catastrophic Injuries from 18-Wheeler Accidents in Montrose County
The physics of a collision between a 4,000-pound passenger vehicle and an 80,000-pound commercial truck are devastating. The truck carries approximately 20 times the mass and 80 times the kinetic energy. When that energy transfers to your vehicle, the results are catastrophic.
Traumatic Brain Injury (TBI)
What It Is:
TBI occurs when sudden trauma causes the brain to impact the inside of the skull. In 18-wheeler accidents, the extreme forces—often involving multiple impacts as vehicles roll or collide with other objects—cause complex brain injuries.
Severity Levels:
| Level | Symptoms | Long-Term Impact |
|---|---|---|
| Mild (Concussion) | Brief loss of consciousness, confusion, headache, nausea | Usually resolves, but may cause lasting cognitive issues, post-concussion syndrome |
| Moderate | Extended unconsciousness (minutes to hours), memory problems, cognitive deficits | Significant recovery possible with rehabilitation; may have permanent limitations |
| Severe | Extended coma (days to weeks), permanent cognitive impairment, personality changes | Lifelong disability; may require 24/7 care; increased dementia risk |
Common Symptoms Montrose County Victims Experience:
- Persistent headaches and dizziness
- Memory loss and difficulty concentrating
- Mood changes, depression, and anxiety
- Sleep disturbances and fatigue
- Sensory problems (vision, hearing, taste changes)
- Speech and language difficulties
- Personality changes that affect relationships
Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity
At Attorney911, we’ve recovered $1.5 million to $9.8 million for traumatic brain injury victims. As client Glenda Walker told us after her case settled, “They fought for me to get every dime I deserved.” That’s what we do for TBI victims in Montrose County.
Spinal Cord Injury and Paralysis
Types of Paralysis from 18-Wheeler Accidents:
| Type | Definition | Impact on Daily Life |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk; may affect bladder/bowel control; requires wheelchair; home modifications needed |
| Quadriplegia/Tetraplegia | Loss of function in all four limbs | Cannot walk or use arms; may need ventilator; requires 24/7 care; extreme home modifications |
| Incomplete Injury | Some nerve function remains below injury level | Variable outcomes; may have some sensation or movement; rehabilitation potential varies |
| Complete Injury | No nerve function below injury level | Total loss of sensation and movement; permanent disability |
Level of Injury Determines Severity:
- Cervical (C1-C4): Highest injuries affect most body functions; may require ventilator for breathing; affects arms, hands, trunk, legs
- Cervical (C5-C8): Affects arms and hands to varying degrees; may retain some upper body function
- Thoracic (T1-T12): Affects trunk and legs; typically retain full arm and hand function
- Lumbar (L1-L5): Affects legs; may retain some hip flexor function
- Sacral (S1-S5): Affects bowel, bladder, and some leg 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.
At Attorney911, we’ve secured spinal cord injury recoveries ranging from $4.7 million to $25.8 million. We understand that no amount of money restores what was lost—but it can provide the resources for the best possible care, adaptive equipment, home modifications, and financial security for a lifetime.
Amputation
Types of Amputation in 18-Wheeler Accidents:
- Traumatic Amputation: Limb severed at the scene due to crushing forces, entrapment, or severe laceration
- Surgical Amputation: Limb so severely damaged (crushed, burned, infected) that surgical removal is medically necessary
Common Causes in Trucking Accidents:
- Crushing forces from truck impact or rollover
- Entrapment requiring amputation for extraction
- Severe burns from fuel fires or hazmat exposure
- Infections from open wounds (staph, MRSA) leading to surgical amputation
- Compartment syndrome from crush injuries
Ongoing Medical Needs:
- Initial surgery and hospitalization (often 2-4 weeks)
- Prosthetic limbs ($5,000 – $50,000+ each; need replacement every 3-5 years)
- Physical therapy and rehabilitation (6 months to 2+ years)
- Occupational therapy for daily living skills
- Psychological counseling for body image and trauma
- Home modifications (ramps, bathroom adaptations, widened doorways)
- Vehicle modifications for driving
Impact on Life:
- Permanent disability affecting career and earning capacity
- Phantom limb pain (sensation in missing limb)
- Body image issues and psychological trauma
- Dependency on others for daily activities
- Need for lifelong medical care and prosthetic replacement
At Attorney911, we’ve recovered $1.9 million to $8.6 million for amputation victims. As client Kiimarii Yup shared after her case, “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.” That’s the comprehensive recovery we fight for.
Severe Burns
How Burns Occur in 18-Wheeler Accidents:
- Fuel tank rupture and fire (diesel fires burn extremely hot)
- Hazmat cargo spills and ignition (chemical fires, explosions)
- Electrical fires from damaged battery/wiring
- Friction burns from road contact during slides/rollovers
- Chemical burns from corrosive cargo exposure
Burn Classification:
| Degree | Depth | Treatment | Long-Term Impact |
|---|---|---|---|
| First | Epidermis only | Minor, heals without scarring | Usually none |
| Second | Epidermis and dermis | May scar, may need grafting | Possible scarring, pigment changes |
| Third | Full thickness | Requires skin grafts, permanent scarring | Significant scarring, contractures, possible amputation |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required | Permanent disability, amputation, lifelong care |
Long-Term Consequences:
- Permanent scarring and disfigurement (affecting body image, relationships, career)
- Multiple reconstructive surgeries (often 10-20+ procedures over years)
- Skin graft procedures and donor site complications
- Chronic pain from nerve damage
- Infection risks (burned skin loses protective function)
- Psychological trauma (PTSD from fire, body image issues)
- Contractures (tightening of scar tissue limiting movement)
- Temperature regulation problems (damaged sweat glands)
Internal Organ Damage
Common Internal Injuries in 18-Wheeler Accidents:
- Liver laceration or rupture: The liver’s position makes it vulnerable to impact; severe bleeding can be fatal without emergency surgery
- Spleen damage: Often requires surgical removal (splenectomy); affects immune function long-term
- Kidney damage: Can lead to chronic kidney disease or failure; may require dialysis or transplant
- Lung contusion or collapse (pneumothorax): Compromises breathing; may require chest tube or surgery
- Internal bleeding (hemorrhage): Can be fatal if not addressed immediately; hard to detect without imaging
- Bowel and intestinal damage: May require resection (removal of damaged portions); affects digestion and nutrition
Why Internal Injuries Are Particularly Dangerous:
- Delayed symptoms: Adrenaline masks pain; internal bleeding may not show symptoms for hours
- Hard to detect: Not visible externally; requires CT scans, ultrasound, or exploratory surgery
- Rapid deterioration: Internal bleeding can cause shock and death within hours
- Complex treatment: Often requires emergency surgery, ICU care, and lengthy recovery
Wrongful Death
When a trucking accident takes a loved one, the loss is immeasurable. While no legal action can bring them back, Colorado law allows surviving family members to pursue justice and financial security through wrongful death claims.
Who Can Bring a Wrongful Death Claim in Colorado:
| Relationship | Eligibility | Priority |
|---|---|---|
| Surviving Spouse | Primary claimant | First priority for first year after death |
| Children | If no spouse, or with spouse after first year | Equal priority with spouse after first year |
| Parents | If no spouse or children | Eligible if decedent was unmarried and childless |
| Estate Representative | Can bring survival action | Separate from wrongful death claim |
Types of Claims Available:
| Claim Type | What It Covers | Who Benefits |
|---|---|---|
| Wrongful Death Action | Losses suffered by survivors due to death | Surviving spouse, children, parents |
| Survival Action | Decedent’s pain/suffering before death; medical expenses; lost earnings | Estate, distributed according to will or intestacy law |
Damages Available in Colorado Wrongful Death Cases:
| Category | Specific Damages |
|---|---|
| Economic Damages | Lost future income and benefits; lost inheritance; funeral and burial expenses; medical expenses before death; value of services decedent would have provided |
| Non-Economic Damages | Loss of consortium (spousal companionship, affection, sexual relations); loss of parental guidance and nurturing (for children); mental anguish and emotional distress; grief and sorrow |
| Punitive Damages | Available when defendant acted with fraud, malice, or willful and wanton conduct; requires clear and convincing evidence |
Colorado’s Damage Caps:
Colorado law imposes certain limitations on wrongful death damages:
| Limitation | Details |
|---|---|
| Non-Economic Damages Cap | $250,000 (adjusted for inflation; approximately $642,000 as of 2024) unless clear and convincing evidence supports higher amount |
| Punitive Damages Cap | Equal to compensatory damages (1:1 ratio) |
| No Cap on Economic Damages | Full recovery of provable financial losses |
Time Limits Are Critical:
| Deadline | Action Required |
|---|---|
| 2 Years | Colorado statute of limitations for wrongful death claims |
| Discovery Rule | Clock starts when cause of death is discovered or should have been discovered |
| Immediate | Evidence preservation; spoliation letters; witness interviews |
At Attorney911, we understand that no amount of money can replace your loved one. But we’ve seen how financial security—covering lost income, providing for children’s education, ensuring family stability—can honor their memory and protect their legacy. We’ve recovered $1.9 million to $9.5 million in wrongful death cases, and we bring that same dedication to every family we serve in Montrose County.
Why Choose Attorney911 for Your Montrose County 18-Wheeler Accident Case
25+ Years Fighting for Trucking Accident Victims
Ralph Manginello has been fighting for injury victims since 1998. That’s over 25 years of standing up to trucking companies, insurance giants, and corporate defendants who thought they could push ordinary people around. He’s admitted to federal court in the Southern District of Texas, which matters because interstate trucking cases often involve federal jurisdiction and FMCSA regulations.
But experience isn’t just about years—it’s about results. Ralph has secured multi-million dollar verdicts and settlements against some of the largest corporations in America, including Walmart, Amazon, FedEx, UPS, and Coca-Cola. He’s one of the few Texas attorneys who litigated against BP in the Texas City Refinery explosion—the $2.1 billion disaster that killed 15 workers and injured 170 more.
The Insurance Defense Advantage: Lupe Peña
Here’s what makes Attorney911 different from every other personal injury firm in Colorado: our associate attorney, Lupe Peña, used to work for insurance companies. He spent years at a national defense firm, learning exactly how commercial trucking insurers evaluate claims, minimize payouts, and deny legitimate cases.
Now he uses that insider knowledge against them. He knows:
- How adjusters are trained to manipulate accident victims into accepting lowball offers
- What “red flags” in a case make insurance companies nervous about going to trial
- When they’re bluffing about their “final offer” and when they’ll actually pay more
- How to structure demands to trigger maximum policy limits
- The internal approval processes that can be exploited for faster, larger settlements
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—combined with his insider knowledge—benefits every trucking accident client we represent in Montrose County.
Three Offices, Statewide Reach
With offices in Houston, Austin, and Beaumont, Attorney911 serves trucking accident victims across Texas and beyond. For Montrose County clients, this means:
- We’re never far away when you need us
- We understand Colorado’s Western Slope culture and challenges
- We can meet in person, by video, or travel to you—whatever works best for your recovery
- We know the local courts, judges, and defense attorneys
4.9 Stars, 251+ Reviews: What Clients Say
Our track record speaks through our clients:
Chad Harris: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Donald Wilcox: “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
Glenda Walker: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
Ernest Cano: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
Kiimarii Yup: “I lost everything… my car was at a total loss, and because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return plus a brand new truck.”
Angel Walle: “They solved in a couple of months what others did nothing about in two years.”
Contingency Fee: No Fee Unless We Win
We work on contingency. You pay nothing upfront. We advance all investigation costs, expert fees, and litigation expenses. You never receive a bill from us. When we win, our fee is a percentage of your recovery—standard 33.33% if settled before trial, 40% if we go to trial.
If we don’t win, you owe us nothing. Zero. The risk is entirely ours.
Hablamos Español
Many trucking accident victims in Montrose County and across Colorado’s Western Slope speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. No miscommunication. No confusion. Just clear, effective advocacy in your language.
Hablamos Español. Llame al 1-888-ATTY-911.
Colorado Law: What Montrose County Trucking Accident Victims Need to Know
Statute of Limitations: The Clock Is Ticking
In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, you also have two years from the date of death.
This seems like a long time. It isn’t. Here’s why:
- Critical evidence begins disappearing immediately
- Black box data can be overwritten in 30 days
- Witness memories fade within weeks
- The trucking company is building their defense from hour one
Don’t wait. Call 1-888-ATTY-911 today.
Comparative Negligence: Colorado’s 50% Bar Rule
Colorado follows modified comparative negligence with a 50% bar. Here’s what this means for your Montrose County trucking accident case:
- If you are less than 50% at fault, you can recover damages reduced by your percentage of fault
- If you are 50% or more at fault, you recover nothing
Example: If your damages are $500,000 and you are found 20% at fault, you recover $400,000 (80% of total damages). If you are found 50% at fault, you recover $0.
This makes proving the trucking company’s negligence critical. The trucking company and their insurer will try to shift blame to you. Our job is to gather the evidence—ECM data, ELD logs, witness statements, accident reconstruction—that proves their fault and protects your recovery.
Damage Caps: Colorado’s Limitations
Colorado imposes certain caps on damages in personal injury cases:
| Damage Type | Cap | Notes |
|---|---|---|
| Non-Economic Damages | $250,000 (adjusted for inflation; approximately $642,000 as of 2024) | Pain, suffering, emotional distress, loss of enjoyment |
| Punitive Damages | Equal to compensatory damages (1:1 ratio) | Requires clear and convincing evidence of fraud, malice, or willful and wanton conduct |
| Economic Damages | NO CAP | Medical expenses, lost wages, future care costs, property damage |
Important: While Colorado caps non-economic damages, experienced attorneys know how to maximize recovery within these boundaries and identify when federal law or exceptions may apply. The cap does not apply to economic damages, which in catastrophic trucking accidents often exceed millions of dollars.
Federal Trucking Regulations Apply in Montrose County
Even though your accident occurred in Montrose County, Colorado, federal FMCSA regulations apply to all interstate commercial trucking. This is powerful for your case because:
- Federal regulations are stricter than most state laws
- Violations of FMCSA regulations constitute negligence per se
- Federal minimum insurance requirements ($750,000 to $5 million) exceed Colorado’s auto insurance minimums
- Federal court jurisdiction may apply, allowing access to federal judges and procedures
Our managing partner Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas—and his federal court experience translates directly to federal trucking cases in Colorado. We understand how to navigate federal regulations, federal court procedures, and the interplay between federal and state law that governs your Montrose County trucking accident case.
The Attorney911 Advantage: What Makes Us Different
We Take Cases Other Firms Reject
Donald Wilcox came to us after another firm said they wouldn’t accept his case. “One company said they would not accept my case,” he told us. “Then I got a call from Manginello… I got a call to come pick up this handsome check.”
We’ve heard this story hundreds of times. Other firms reject cases because they look “too hard”—complex liability, multiple defendants, catastrophic injuries requiring extensive work. We say yes to those cases. Because hard cases are often the ones where families need help most.
We Solve Cases Faster
Angel Walle came to us after another firm had done nothing for two years. “They solved in a couple of months what others did nothing about in two years,” she said.
Speed matters. Medical bills pile up. Families struggle without income. The stress of uncertainty takes its toll. Our experience—25+ years of trucking litigation—lets us move efficiently. We know what evidence to get, where to find it, and how to build compelling cases quickly.
We Treat You Like Family
Chad Harris put it best: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
At Attorney911, we know you’re not a case number. You’re a person whose life has been shattered. You’re a parent worried about providing for your children. You’re a spouse wondering how you’ll manage. You’re someone who never asked for this and didn’t deserve it.
We return calls. We explain things in plain English (or Spanish, with Lupe Peña). We check in even when there’s no news, because we know the waiting is hard. And we fight like hell because we know what’s at stake.
We Know the Trucking Industry From the Inside
Lupe Peña didn’t start out fighting for accident victims. He spent years working for insurance companies, defending them against claims just like yours. He learned their playbook. He knows how they evaluate cases, where they look for weaknesses, and when they’re bluffing about their “final offer.”
Now he uses that knowledge against them. As he told ABC13 Houston during our $10 million University of Houston hazing lawsuit: “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 determination—that same insider knowledge—benefits every trucking accident client we represent in Montrose County.
What to Do After an 18-Wheeler Accident in Montrose County
Immediate Steps (If You’re Able)
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Call 911 immediately. Report the accident, request medical assistance, and ask for law enforcement. The Montrose County Sheriff’s Office or Colorado State Patrol will respond, depending on location.
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Seek medical attention. Even if you feel “okay,” get checked. Adrenaline masks pain, and internal injuries may not show symptoms for hours. Montrose County has limited trauma capabilities—serious injuries may require air transport to St. Mary’s Hospital in Grand Junction or Denver-area trauma centers.
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Document everything. If you’re able, photograph:
- All vehicles involved, including the truck’s DOT number and company name
- Damage to all vehicles from multiple angles
- The accident scene, including skid marks, debris, and road conditions
- Your injuries
- Weather and lighting conditions
- Any traffic signals or signs
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Gather information. Get:
- Truck driver’s name, CDL number, and contact information
- Trucking company name and DOT number
- Insurance information for all parties
- Witness names and contact information
- Responding officer’s name and badge number
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Do NOT give recorded statements. The trucking company’s insurance adjuster will call quickly. Politely decline to give any statement until you’ve spoken with an attorney. Anything you say can and will be used to minimize your claim.
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Call Attorney911 immediately. The trucking company is already building their defense. Critical evidence—black box data, ELD logs, driver qualification files—can be destroyed or overwritten within days. We send spoliation letters within 24 hours to preserve everything.
What We Do in the First 48 Hours
When you call 1-888-ATTY-911, we immediately:
Evidence Preservation
- Send formal spoliation letters to the trucking company, their insurer, and all potentially liable parties
- Demand immediate download of all ECM/black box data and ELD records
- Request preservation of dashcam footage, GPS data, and dispatch communications
- Secure the physical truck and trailer before repairs or disposal
Investigation
- Obtain police crash reports and 911 call recordings
- Deploy accident reconstruction experts to the scene if needed
- Photograph and measure the accident scene
- Identify and interview witnesses before memories fade
- Canvass for surveillance footage from nearby businesses, traffic cameras, or dashcams
Medical Coordination
- Help arrange appropriate medical care even before settlement
- Ensure injuries are properly documented and treated
- Connect you with specialists for traumatic brain injury, spinal cord injury, or other catastrophic conditions
Liability Analysis
- Identify all potentially liable parties (the 10 listed above)
- Research corporate relationships and insurance coverage
- Obtain the carrier’s CSA scores and safety history
- Review driver qualification files for hiring violations
FMCSA Regulations That Prove Negligence in Montrose County Cases
The Federal Motor Carrier Safety Administration’s regulations are powerful tools for proving negligence. When trucking companies or drivers violate these rules, they create dangerous conditions—and we use those violations to build compelling cases.
Hours of Service Violations (49 CFR Part 395)
Fatigue is a factor in approximately 31% of fatal truck crashes. The HOS rules exist because tired drivers make deadly mistakes—especially on mountain roads where alertness is critical.
The Rules:
- 11-hour driving limit: Cannot drive more than 11 hours after 10 consecutive hours off duty
- 14-hour duty window: Cannot drive beyond the 14th consecutive hour after coming on duty
- 30-minute break: Required after 8 cumulative hours of driving
- 60/70-hour weekly limits: Cannot drive after 60 hours in 7 days or 70 hours in 8 days
- 34-hour restart: Can reset weekly limits with 34 consecutive hours off duty
How We Prove Violations:
ELD data provides objective, tamper-resistant records of driving time. When we obtain ELD logs showing a driver exceeded 11 hours of driving, operated beyond their 14-hour window, or failed to take required breaks, we have direct evidence of FMCSA violation that proves negligence.
In mountain driving, these violations are especially dangerous. A fatigued driver descending Monarch Pass or navigating the curves of Highway 550 has reduced reaction time, impaired judgment, and increased risk of catastrophic error.
Driver Qualification Violations (49 CFR Part 391)
Trucking companies must verify that their drivers are qualified to operate commercial vehicles. When they skip these steps, unqualified drivers endanger everyone on the road.
Required Driver Qualifications:
- At least 21 years old (interstate commerce)
- Can read and speak English sufficiently
- Can safely operate the vehicle and cargo type
- Physically qualified per § 391.41
- Valid commercial driver’s license (CDL)
- Completed road test or equivalent
- Not disqualified under § 391.15
Driver Qualification File Requirements:
Motor carriers must maintain a complete file for every driver, including:
- Employment application
- Motor vehicle record from licensing state
- Road test certificate or equivalent
- Medical examiner’s certificate
- Annual driving record review
- Previous employer inquiries (3-year history)
- Drug and alcohol test records
How We Prove Negligent Hiring:
When we subpoena driver qualification files and find missing documents, incomplete background checks, or hiring of drivers with poor safety records, we prove the trucking company was negligent in its hiring practices. This direct negligence claim exists alongside vicarious liability, potentially increasing recovery and opening additional insurance coverage.
Vehicle Maintenance Violations (49 CFR Part 396)
Brake failures cause approximately 29% of large truck crashes. When trucking companies defer maintenance to save money, they create deadly hazards—especially on mountain roads where brake performance is critical.
Systematic Maintenance Requirement (§ 396.3):
“Every motor carrier… must systematically inspect, repair, and maintain… all motor vehicles subject to its control.”
Driver Inspection Requirements:
- Pre-trip inspection (§ 396.13): Driver must be satisfied vehicle is in safe operating condition before driving
- Post-trip report (§ 396.11): Written report required after each day’s driving, covering brakes, steering, lighting, tires, horn, wipers, mirrors, coupling devices, wheels, and 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.
How We Prove Maintenance Negligence:
We subpoena maintenance records, inspection reports, and driver vehicle inspection reports (DVIRs). When we find:
- Brake inspections that were due but not performed
- Known defects that were not repaired
- Out-of-service orders that were ignored
- Deferred maintenance to save costs
…we have direct evidence that the trucking company violated federal safety regulations and created the dangerous condition that caused your accident.
In mountain driving, maintenance failures are especially deadly. Worn brakes on a descent from Red Mountain Pass. Underinflated tires in extreme temperature variations. Steering failures on tight curves. These aren’t accidents—they’re predictable consequences of maintenance neglect.
The Evidence That Wins Montrose County Trucking Cases
Electronic Control Module (ECM) / Black Box Data
Commercial trucks have sophisticated electronic systems that record operational data—similar to airplane black boxes. This data is objective, tamper-resistant, and often contradicts what drivers claim happened.
What ECM Data Records:
- Speed before and during crash: Proves speeding or excessive speed for conditions
- Brake application timing: Shows when and how hard brakes were applied
- Throttle position: Reveals if driver was accelerating or coasting
- Engine RPM and performance data: Shows engine stress and any fault codes
- Cruise control status: Indicates whether driver was actively controlling speed
- Seatbelt usage: Shows if driver was properly restrained
Why This Data Is Critical:
ECM data is objective and difficult to dispute. When a driver claims “I wasn’t speeding” but ECM data shows 72 mph in a 65 mph zone, we have proof of negligence. When a driver claims “I hit my brakes immediately” but ECM data shows no brake application for 4.2 seconds after the collision warning, we have proof of delayed reaction—often caused by fatigue or distraction.
The 30-Day Danger:
ECM data can be overwritten in as little as 30 days—or immediately with new driving events if the truck returns to service. This is why we send spoliation letters within 24 hours of being retained. Once the trucking company is on notice, destroying evidence becomes spoliation—a serious legal violation with severe consequences.
Electronic Logging Device (ELD) Data
Since December 18, 2017, most commercial truck drivers must use ELDs that automatically record driving time and synchronize with the vehicle engine. Unlike paper logs that could be falsified, ELDs provide objective, tamper-resistant records.
What ELD Data Proves:
- Exact hours of driving time
- On-duty, off-duty, and sleeper berth status
- Location history via GPS
- Speed and route data
- Whether required breaks were taken
- Any edits or changes to logs (and who made them)
Hours of Service Violations:
| Violation | What It Shows | Why It Matters |
|---|---|---|
| Exceeding 11-hour driving limit | Driver was on the road too long | Fatigue impairs judgment and reaction time |
| Violating 14-hour duty window | Driver didn’t get adequate rest | Cumulative fatigue over long days |
| Missing 30-minute break | No rest after 8 hours driving | Breaks are required for alertness |
| Exceeding 60/70-hour weekly limits | Driver worked too many days | Chronic fatigue, sleep debt |
| Inadequate 34-hour restart | Insufficient recovery time | Not truly rested before returning to duty |
Why ELD Data Is Critical Evidence:
Fatigue is a factor in approximately 31% of fatal truck crashes. When we obtain ELD data showing HOS violations, we have direct proof that the driver was operating illegally—and that the trucking company either knew or should have known about the violations.
In Montrose County’s mountain terrain, fatigued driving is especially dangerous. A tired driver descending from Monarch Pass, navigating the curves of Highway 550, or handling sudden weather changes on I-70 simply cannot react quickly enough to prevent disaster.
Driver Qualification File (DQ File)
Every trucking company must maintain a complete file for every driver. This file contains the documentation that proves whether the company hired qualified drivers—or cut corners and put dangerous operators on the road.
What the DQ File Contains:
| Document | What It Proves | Red Flags We Look For |
|---|---|---|
| Employment application | Basic qualifications claimed | False information, gaps in employment |
| Motor Vehicle Record | Driving history, violations, accidents | Multiple violations, recent accidents, suspended license |
| Road test certificate | Ability to safely operate vehicle | No road test, failed test, inadequate testing |
| Medical examiner’s certificate | Physical fitness to drive | Expired certificate, medical conditions not disclosed |
| Annual driving record review | Ongoing monitoring of driver | No annual review, ignored violations |
| Previous employer inquiries | 3-year driving history investigation | No inquiries, ignored negative reports |
| Drug and alcohol test records | Substance abuse screening | Positive tests, refused tests, no random testing program |
How DQ File Violations Prove Negligence:
When we subpoena driver qualification files and find missing documents, incomplete background checks, or hiring of drivers with poor safety records, we prove negligent hiring—a direct negligence claim against the trucking company that exists alongside vicarious liability.
In one case, we found a trucking company hired a driver with three previous accidents, a suspended CDL, and a positive drug test—all documented in his driving history that the company never reviewed. That negligent hiring directly contributed to a catastrophic accident. The DQ file proved it.
Maintenance and Inspection Records
Brake failures cause approximately 29% of large truck crashes. When trucking companies defer maintenance to save money, they create deadly hazards—especially on Montrose County’s mountain roads where brake performance is critical.
What Maintenance Records Show:
| Record Type | What It Reveals |
|---|---|
| Pre-trip inspection reports (DVIRs) | Whether drivers identified defects; whether defects were repaired |
| Post-trip inspection reports | Known defects at end of prior trips; pattern of recurring problems |
| Annual inspection records | Comprehensive vehicle condition; whether vehicle passed inspection |
| Brake inspection and adjustment records | Critical brake maintenance; whether pushrod travel was within limits |
| Tire records | Tire age, wear, pressure checks; whether tires were replaced when needed |
| Repair work orders | What was repaired, when, and by whom; whether repairs were adequate |
| Out-of-service orders | Serious safety violations; whether they were properly addressed |
Maintenance Negligence in Mountain Driving:
On Montrose County’s mountain grades, maintenance failures are especially deadly:
- Worn brake pads or shoes: Reduced stopping power on long descents
- Improper brake adjustment: Air brake pushrod travel beyond limits causes delayed or inadequate braking
- Brake fade from overheating: Riding brakes on descents instead of using engine braking
- Underinflated tires: Increased risk of blowout, especially at altitude and temperature extremes
- Worn tires: Reduced traction on wet or icy mountain roads
- Steering system defects: Critical on tight mountain curves
When we find deferred maintenance, ignored defects, or inadequate repairs in maintenance records, we have direct evidence that the trucking company violated 49 CFR Part 396 and created the dangerous condition that caused your accident.
Montrose County Trucking Corridors: Where Accidents Happen
Understanding where and why trucking accidents occur in Montrose County helps us investigate your case and prevent future tragedies.
Interstate 70: The Transcontinental Artery
I-70 is one of America’s most critical east-west freight corridors—and one of its most dangerous mountain highways. As it passes through the northern edge of Montrose County, I-70 presents unique hazards:
Georgetown to Eisenhower Tunnel: Steep grades, tight curves, and extreme elevation changes test truck and driver alike. Brake fade is common. Runaway truck ramps exist for a reason—they’re used.
Weather Extremes: Sudden snowstorms, black ice, and whiteout conditions can strike any month of the year. Trucks that left Denver in clear weather may encounter blizzard conditions at 11,000 feet.
Traffic Density: I-70 carries massive freight volume plus recreational traffic to ski resorts and mountain destinations. The mix of impatient passenger vehicles and struggling heavy trucks creates dangerous interactions.
U.S. Highway 50: The Lonelier Road
U.S. 50 runs east-west through the heart of Montrose County, carrying significant truck traffic that avoids I-70’s tolls and congestion—but faces its own dangers:
Monarch Pass: At 11,312 feet, this is one of Colorado’s highest mountain passes. Steep grades, tight switchbacks, and severe weather make it treacherous for trucks. Brake failures and runaway vehicles are documented risks.
Remote Stretches: Long distances between services mean disabled trucks may block roads for extended periods. Other trucks approaching at highway speeds may not have time to react.
Agricultural and Energy Traffic: U.S. 50 serves Montrose County’s agricultural and energy sectors, meaning heavy equipment, hazardous materials, and oversized loads share the road with passenger vehicles.
State Highway 550: The Million Dollar Highway Connection
Highway 550 brings traffic from Durango north through Montrose County, connecting to the famous “Million Dollar Highway” (U.S. 550 between Ouray and Silverton). This corridor presents unique risks:
Tourist and Local Traffic Mix: Highway 550 carries both heavy truck traffic and passenger vehicles driven by tourists unfamiliar with mountain driving. The speed differential and inexperience create dangerous situations.
Access to Hazardous Routes: Trucks heading to the Million Dollar Highway—known for its steep grades, lack of guardrails, and extreme exposure—must pass through Montrose County. Inadequate preparation or equipment for these routes creates risks locally.
Agricultural and Ranching Traffic: Montrose County’s agricultural economy means trucks carrying livestock, hay, and equipment share Highway 550 with other traffic.
Local Roads and Distribution Points
Beyond the major highways, Montrose County’s local road network presents trucking hazards:
Montrose Regional Airport and Industrial Areas: Freight operations around the airport and nearby industrial zones create local truck traffic interacting with passenger vehicles on smaller roads.
Agricultural Distribution Centers: Grain elevators, produce packing facilities, and livestock operations generate heavy truck traffic on rural roads not designed for such vehicles.
Construction and Energy Sites: Oil and gas operations, renewable energy projects, and construction sites bring heavy equipment and materials onto local roads.
Case Results: What We’ve Recovered for Trucking Accident Victims
Our results speak to our commitment and capability:
| Case Type | Injury | Settlement/Verdict |
|---|---|---|
| Traumatic Brain Injury | Worker struck by falling log at logging company | $5+ million |
| Amputation | Partial leg amputation after car accident with staph infection complication | $3.8+ million |
| Maritime/Back Injury | Back injury from lifting cargo on vessel (Jones Act) | $2+ million |
| Commercial Trucking | Truck crash with multiple injuries | $2.5+ million |
| Wrongful Death (Trucking) | Fatal 18-wheeler accident | Millions (multiple cases) |
| Active Litigation | University of Houston hazing lawsuit | $10 million+ lawsuit filed |
Total Client Recoveries: $50+ Million
These are documented results from Attorney911.com—not vague promises or inflated claims. We share specific numbers because we want you to know what serious trucking accident cases can be worth when handled by experienced attorneys who know how to fight.
Frequently Asked Questions: Montrose County 18-Wheeler Accidents
How long do I have to file a lawsuit after a trucking accident in Colorado?
In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, you also have two years from the date of death.
But waiting is dangerous. Critical evidence—black box data, ELD logs, witness memories—disappears much faster. The trucking company is 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 with a 50% bar. This means:
- If you are less than 50% at fault, you can recover damages reduced by your percentage of fault
- If you are 50% or more at fault, you recover nothing
For example, if your damages are $500,000 and you are found 20% at fault, you recover $400,000. If you are found 50% at fault, you recover $0.
This makes proving the trucking company’s negligence critical. Our job is to gather the evidence—ECM data, ELD logs, witness statements, accident reconstruction—that proves their fault and protects your recovery.
How much is my 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
- Insurance coverage available
Trucking companies carry higher insurance than regular vehicles—$750,000 minimum, often $1-5 million or more. This allows for larger recoveries when catastrophic injuries occur.
We’ve recovered amounts ranging from hundreds of thousands to millions, depending on case specifics. The best way to understand your case’s potential value is a free consultation with our experienced attorneys.
Will my case go to trial?
Most trucking accident cases settle before trial—approximately 95% or more. However, we prepare every case as if it’s going to trial. This approach:
- Ensures we’re ready if settlement negotiations fail
- Demonstrates to insurance companies that we’re serious
- Often leads to better settlement offers
- Protects your rights if trial becomes necessary
Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. Ralph Manginello’s 25+ years of courtroom experience, including federal court admission, gives us credibility that translates to better outcomes.
How long will my case take?
Timelines vary based on complexity:
- Straightforward cases with clear liability: 6-12 months
- Complex cases with multiple defendants or disputed liability: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery. Rushing to settlement before the full extent of injuries is known can leave money on the table. Patience, thorough documentation, and proper medical treatment lead to better outcomes.
Do I need to pay anything upfront to hire Attorney911?
No. We work on contingency. You pay absolutely nothing upfront. We advance all costs of investigation and litigation. You never receive a bill from us.
When we win, our fee is a percentage of your recovery:
- 33.33% if settled before trial
- 40% if we go to trial
If we don’t win, you owe us nothing. The risk is entirely ours.
This arrangement makes quality legal representation accessible to everyone—not just those who can afford expensive hourly rates. The trucking company has lawyers on retainer. You deserve the same level of representation without the financial burden.
What if the trucking company is from another state?
This is common in interstate trucking—and it’s not a problem. Federal regulations apply to all interstate commerce, regardless of where the trucking company is headquartered. We can pursue claims against out-of-state companies in Colorado federal court or state court, depending on what serves your interests best.
Ralph Manginello’s federal court admission and experience with interstate cases means we’re equipped to handle multi-jurisdictional trucking litigation. We’ve pursued cases against carriers from Texas, California, Florida, and across the country.
Can I still recover if the truck driver was an independent contractor?
Usually yes. While independent contractor status can complicate liability, multiple theories may still apply:
- Negligent entrustment: The company that owned the truck negligently entrusted it to an unqualified driver
- Broker liability: The company that arranged the shipment may be liable for negligent selection
- Vicarious liability: Depending on the relationship, some courts find companies liable for contractors’ actions
- Joint employment: If the company exercised sufficient control, the driver may be deemed an employee
We investigate the actual relationship between driver and company, not just what the contract says. Many “independent contractors” are functionally employees, and we pursue liability accordingly.
Call Attorney911 Today: Your Montrose County 18-Wheeler Accident Attorneys
Every hour you wait, evidence in your Montrose County trucking accident case is disappearing. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company is already building their defense.
What are you doing?
At Attorney911, we fight for trucking accident victims across Montrose County, Colorado, and beyond. With 25+ years of experience, multi-million dollar results, and a team that includes a former insurance defense attorney who knows every trick the trucking companies use, we have what it takes to win your case.
We work on contingency. You pay nothing unless we win. We advance all costs. You never receive a bill.
Call 1-888-ATTY-911 now for a free consultation. We’re available 24/7. We answer. We fight. We win.
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.
Attorney911 / The Manginello Law Firm, PLLC
Houston • Austin • Beaumont
Serving Montrose County and all of Colorado
1-888-ATTY-911 (1-888-288-9911)
ralph@atty911.com
https://attorney911.com