18-Wheeler & Trucking Accident Attorneys in Morgan County, Colorado
When 80,000 Pounds Changes Everything: Your Fight Starts Here
The impact was catastrophic. One moment you’re driving through Morgan County on I-76 or US-34, and the next, an 80,000-pound truck has destroyed your life. In an instant, everything changes—your health, your ability to work, your family’s security. You’re not alone in this fight, and you don’t have to face the trucking company’s lawyers by yourself.
At Attorney911, we’ve spent over 25 years making trucking companies pay for the devastation they cause. Ralph Manginello, our managing partner since 1998, has recovered multi-million dollar settlements for families just like yours—$5 million for a traumatic brain injury victim, $3.8 million for a client who lost a limb, $2.5 million in truck crash recoveries. We know Morgan County’s highways, from the busy I-76 corridor connecting Denver to Nebraska, to the agricultural freight routes serving northeastern Colorado’s farming communities.
And here’s what gives our clients an unfair advantage: our associate attorney Lupe Peña spent years working for insurance companies before joining our firm. He knows exactly how trucking insurers evaluate claims, train their adjusters to minimize payouts, and deny legitimate claims. Now he uses that insider knowledge to fight for you.
The clock is already ticking. Black box data can be overwritten in 30 days. The trucking company has already called their lawyers. What are you doing? Call 1-888-ATTY-911 now—24/7, free consultation, no fee unless we win.
Why Morgan County 18-Wheeler Accidents Are Different
Morgan County sits at a critical junction in Colorado’s freight network. The county’s location along I-76—the primary east-west corridor connecting Denver to Nebraska and beyond—means heavy truck traffic passes through daily. Agricultural operations throughout Morgan County and the surrounding region generate substantial commercial vehicle activity, from grain haulers to equipment transport trucks.
This combination creates unique risks. The I-76 corridor sees significant long-haul freight traffic, with drivers often pushing hours-of-service limits to meet delivery schedules. Agricultural trucks may be overloaded during harvest season. Winter weather on the eastern plains brings ice, high winds, and reduced visibility—conditions that challenge even experienced truck drivers.
When these factors combine with negligence, catastrophic accidents result. An 80,000-pound truck traveling at 65 mph needs approximately 525 feet to stop—nearly two football fields. On icy Morgan County roads, that distance extends dramatically. A fatigued driver pushing through the 14-hour duty window, a trucking company that skipped brake maintenance to save money, a cargo loader who failed to secure a load properly—these violations of federal safety regulations turn highways into killing fields.
We’ve seen what happens when trucking companies cut corners. And we know how to make them pay.
The Federal Regulations That Protect You (And How Trucking Companies Break Them)
Every 18-wheeler on Morgan County’s highways must comply with strict federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These rules exist because trucking is inherently dangerous—80,000 pounds of steel and cargo moving at highway speeds creates catastrophic risk. When trucking companies violate these regulations, they cause devastating accidents.
Hours of Service Violations (49 CFR Part 395)
Driver fatigue causes approximately 31% of fatal truck crashes. That’s why federal law strictly limits driving time:
- 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
Electronic Logging Devices (ELDs) have been federally mandated since December 18, 2017. These devices automatically record driving time and synchronize with the vehicle engine—making it much harder for drivers to falsify logs. But violations still happen constantly.
We subpoena ELD data in every case. This electronic evidence proves exactly how long the driver was on duty, whether they took required breaks, and whether the trucking company pressured them to violate federal limits. When we find HOS violations, we use them to prove negligence—and to justify punitive damages for willful disregard of safety.
Driver Qualification Failures (49 CFR Part 391)
Not everyone can legally drive an 18-wheeler. Federal regulations establish minimum qualifications:
- Must be at least 21 years old (interstate commerce)
- Must read and speak English sufficiently
- Must have valid Commercial Driver’s License (CDL)
- Must pass medical examination (maximum 2-year certification)
- Must complete required entry-level driver training
- Must not be disqualified due to violations or suspensions
Trucking companies must maintain a Driver Qualification (DQ) File for every driver containing employment application, driving record, road test certificate, medical certification, annual reviews, previous employer inquiries, and drug test results.
When trucking companies fail to verify qualifications, hire drivers with poor safety records, or skip required training, they commit negligent hiring. This creates direct liability beyond vicarious responsibility for the driver’s actions. We’ve won multi-million dollar settlements by proving trucking companies knowingly put dangerous drivers on the road.
Vehicle Maintenance Negligence (49 CFR Part 396)
Brake failures cause approximately 29% of truck accidents. That’s why federal law requires systematic inspection, repair, and maintenance:
- Pre-trip inspection: Driver must verify vehicle is in safe operating condition before driving
- Post-trip report: Written report required after each day’s driving, covering brakes, steering, lighting, tires, horn, wipers, mirrors, coupling devices, wheels, emergency equipment
- Annual inspection: Comprehensive inspection required every 12 months with decal display
- Record retention: Maintenance records must be kept for 1 year
When trucking companies defer maintenance to save money, ignore known defects, or fail to document repairs, they create deadly hazards. We subpoena maintenance records in every case. Missing records, deferred repairs, and out-of-service violations prove the company prioritized profit over safety.
Cargo Securement Violations (49 CFR Part 393)
Improperly secured cargo causes rollovers, jackknifes, and spills. Federal regulations require:
- Cargo must be contained, immobilized, or secured to prevent leaking, spilling, blowing, or falling
- Securement systems must withstand 0.8g forward deceleration, 0.5g rearward acceleration, 0.5g lateral force
- Working load limits must be at least 50% of cargo weight for loose cargo
- Specific requirements by cargo type (logs, metal coils, machinery, etc.)
When loaders fail to use adequate tiedowns, distribute weight properly, or secure hazardous materials, they create catastrophic risks. We investigate loading procedures, securement equipment, and compliance documentation to prove negligence.
Every Liable Party We Hold Accountable
Most law firms sue the driver and trucking company—and stop there. That’s leaving money on the table. We investigate EVERY potentially liable party because more defendants means more insurance coverage means higher compensation for you.
The Truck Driver
The driver who caused your accident may be personally liable for negligent conduct: speeding, distracted driving, fatigue, impairment, failure to inspect, traffic violations. We pursue the driver’s personal assets and insurance when available.
The Trucking Company / Motor Carrier
This is usually your primary recovery target. Trucking companies carry $750,000 to $5 million in federal minimum insurance—far more than individual drivers. They’re liable through:
- Vicarious liability: The driver was their employee acting within the scope of employment
- Negligent hiring: They failed to check the driver’s background or qualifications
- Negligent training: They didn’t provide adequate safety training
- Negligent supervision: They failed to monitor driver performance and ELD compliance
- Negligent maintenance: They deferred vehicle repairs to save money
- Negligent scheduling: They pressured drivers to violate hours-of-service limits
The Cargo Owner / Shipper
The company that owned the cargo may be liable if they:
- Provided improper loading instructions
- Failed to disclose hazardous materials
- Required overweight loading
- Pressured the carrier to expedite beyond safe limits
The Cargo Loading Company
Third-party loaders who physically secured the cargo may be liable for:
- Improper cargo securement (49 CFR 393 violations)
- Unbalanced load distribution
- Failure to use proper blocking, bracing, or tiedowns
- Inadequate training of loading personnel
Truck and Trailer Manufacturers
The companies that built the truck or trailer may be liable for:
- Design defects in brake systems, stability control, or fuel tank placement
- Manufacturing defects like faulty welds or component failures
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
Parts Manufacturers
Companies that made specific components may be liable for:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting or coupling devices
Maintenance Companies
Third-party repair shops may be liable for:
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or wrong parts
Freight Brokers
Brokers who arranged transportation may be liable for:
- Negligent selection of carriers with poor safety records
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
- Selecting cheapest carrier despite safety concerns
Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may be liable for:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
Government Entities
Federal, state, or local government may be liable for:
- Dangerous road design
- Failure to maintain roads
- Inadequate signage for known hazards
- Improper work zone setup
Special considerations: Sovereign immunity limits liability, strict notice requirements apply, and shorter deadlines often exist for claims against government entities.
The 48-Hour Evidence Preservation Protocol: Why Time Is Your Enemy
Evidence in 18-wheeler accidents disappears fast—much faster than in regular car crashes. While you’re recovering in a Morgan County hospital, the trucking company has already deployed rapid-response teams to protect their interests. Every hour you wait, your case gets harder to prove.
Critical Evidence Destruction Timelines
| Evidence Type | Destruction Risk | Why It Matters |
|---|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events | Proves speed, braking, throttle position before crash |
| ELD Data | May be retained only 6 months | Proves hours-of-service violations and driver fatigue |
| Dashcam Footage | Often deleted within 7-14 days | Shows actual crash and driver behavior |
| Surveillance Video | Business cameras overwrite in 7-30 days | Independent witness to crash dynamics |
| Witness Memory | Fades significantly within weeks | Critical for establishing what happened |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped | Damage patterns prove impact forces |
| Drug/Alcohol Tests | Must be conducted within specific windows | Proves impairment at time of crash |
The Spoliation Letter: Your Legal Shield
A spoliation letter is a formal legal notice we send immediately—within 24-48 hours of being retained—to the trucking company, their insurer, and all potentially liable parties. This letter:
- Puts defendants on legal notice of their preservation obligation
- Demands preservation of ALL evidence related to the accident
- Creates serious consequences if evidence is destroyed after notice
- Allows courts to impose sanctions, adverse inferences, or default judgment for spoliation
Once we send this letter and litigation is anticipated, the duty to preserve extends beyond standard retention periods. Destroying evidence after receiving our letter can result in:
- Adverse inference instructions: The jury is told to assume destroyed evidence was unfavorable to the defendant
- Sanctions and monetary penalties: Financial punishment for destruction
- Default judgment: In extreme cases, the court may rule against the defendant automatically
- Punitive damages: Additional damages for intentional destruction of evidence
What Our Spoliation Letter Demands
We don’t just ask for the obvious evidence. We demand preservation of everything:
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Medical certification and exam records
- Drug and alcohol test results (pre-employment and random)
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
Why ECM/Black Box Data Wins Cases
Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box. This data is objective, tamper-resistant, and often directly contradicts what drivers claim happened.
Critical Data Points We Extract:
| Data Element | What It Proves |
|---|---|
| Speed Before Crash | Proves speeding or excessive speed for conditions |
| Brake Application | Shows when and how hard brakes were applied |
| Throttle Position | Reveals if driver was accelerating or coasting |
| Following Distance | Calculated from speed and deceleration data |
| Hours of Service | Proves fatigue and HOS violations |
| GPS Location | Confirms route and timing |
| Fault Codes | May reveal known mechanical issues driver ignored |
This electronic evidence has led to multi-million dollar verdicts in trucking cases. But it only exists if we preserve it—and that requires immediate action.
Catastrophic Injuries: When Trucks Destroy Lives
The physics of 18-wheeler accidents makes catastrophic injuries the norm, not the exception. An 80,000-pound truck traveling at 65 mph carries approximately 80 times the kinetic energy of a passenger car. When that energy transfers to a smaller vehicle, the results are devastating.
Traumatic Brain Injury (TBI)
TBI occurs when sudden trauma causes damage to the brain. 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 loss of consciousness | Usually recovers, but may have lasting effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
Common symptoms include headaches, dizziness, memory loss, difficulty concentrating, mood changes, sleep disturbances, and personality changes. Lifetime care costs range from $85,000 to $3,000,000+ depending on severity.
We’ve recovered $1.5 million to $9.8 million for TBI victims in trucking accidents. As client Glenda Walker told us after her case, “They fought for me to get every dime I deserved.”
Spinal Cord Injury and Paralysis
Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable—may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Higher injuries affect more body functions. C1-C4 injuries may require ventilator support. Lifetime care costs range from $1.1 million for paraplegia to $5 million+ for quadriplegia—and these figures don’t include lost wages, pain and suffering, or loss of quality of life.
We’ve secured settlements from $4.7 million to $25.8 million for spinal cord injury victims.
Amputation
Trucking accidents cause amputation through crushing forces, entrapment requiring surgical removal, severe burns, or infections from open wounds. Whether traumatic (severed at scene) or surgical (medically removed later), amputation permanently alters every aspect of life.
Ongoing needs include prosthetic limbs ($5,000-$50,000+ each, with replacements needed throughout life), physical and occupational therapy, psychological counseling, home modifications, and career retraining or total disability. Phantom limb pain and body image trauma add invisible suffering.
Our amputation settlements range from $1.9 million to $8.6 million.
Severe Burns
Fuel tank ruptures, hazmat spills, and electrical fires in trucking accidents cause devastating burns. Classification ranges from first-degree (epidermis only) to fourth-degree (through skin to muscle/bone). Third and fourth-degree burns require skin grafts, multiple reconstructive surgeries, and carry lifelong infection risks and psychological trauma.
Wrongful Death
When trucking accidents kill, surviving family members can pursue wrongful death claims. Available damages include lost future income and benefits, loss of consortium and parental guidance, mental anguish, funeral expenses, medical costs before death, and punitive damages for gross negligence.
We’ve recovered $1.9 million to $9.5 million for families who lost loved ones in trucking accidents. Nothing can replace your family member—but holding the trucking company fully accountable provides justice and financial security for your family’s future.
Morgan County’s Trucking Corridors: Where Accidents Happen
Understanding where and why trucking accidents occur in Morgan County helps us build stronger cases for our clients.
Interstate 76: The Primary Freight Corridor
I-76 runs east-west through the northern portion of Morgan County, connecting Denver to Sterling, Nebraska, and ultimately to I-80. This corridor carries massive freight volume—agricultural products from northeastern Colorado’s farming regions, manufactured goods from Denver’s industrial areas, and through-traffic between the Midwest and Mountain West.
The I-76 corridor presents specific dangers:
- Long-haul fatigue: Drivers on transcontinental routes push hours-of-service limits
- Weather hazards: Winter storms, high winds on the eastern plains, sudden visibility reductions
- Rural isolation: Limited emergency services and trauma centers in eastern Morgan County
- Agricultural traffic: Mix of slow-moving farm equipment and high-speed commercial trucks
US Highway 34: The Platte River Corridor
US-34 runs parallel to I-76 through Morgan County, following the South Platte River valley. This route serves local agricultural traffic, connects Fort Morgan to Greeley and Loveland, and provides an alternative to interstate congestion.
US-34 accidents often involve:
- Local delivery trucks: Frequent stops, backing maneuvers, intersection conflicts
- Agricultural equipment: Wide loads, slow speeds, limited visibility
- River valley weather: Fog, ice, and flooding conditions
- Mixed traffic: Passenger vehicles, farm equipment, and commercial trucks sharing narrow corridors
State Highways and Rural Roads
Morgan County’s network of state highways (SH-52, SH-144, SH-71) and county roads serves the region’s agricultural economy. These routes see significant truck traffic during planting and harvest seasons, with grain haulers, equipment transport, and livestock trucks sharing roads designed primarily for local traffic.
Rural road accidents present unique challenges:
- Limited shoulders and narrow lanes: No room for error when trucks encounter oncoming traffic
- Uncontrolled intersections: Stop signs and yield signs rather than traffic signals
- Dust and visibility: Agricultural operations create hazardous driving conditions
- Emergency response time: Longer waits for ambulance and fire services
Types of 18-Wheeler Accidents We Handle in Morgan County
Every trucking accident is different, but certain patterns emerge based on geography, weather, and industry practices. In Morgan County and northeastern Colorado, we see specific accident types that reflect the region’s agricultural economy and interstate freight corridors.
Jackknife Accidents
A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle like a pocket knife. On Morgan County’s I-76 corridor, jackknifes often result from sudden braking on icy roads, driver fatigue causing delayed reaction, or improperly loaded trailers that are more prone to swing.
Jackknife accidents are especially dangerous because the swinging trailer sweeps across multiple lanes, often causing multi-vehicle pileups. Nearly impossible for nearby drivers to avoid once begun, these accidents frequently result in catastrophic injuries or death.
We investigate jackknife accidents by analyzing skid marks to determine trailer angle, reviewing brake inspection records and maintenance logs, examining weather conditions, and extracting ELD data showing speed before braking. ECM data reveals brake application timing and effectiveness. When we find maintenance failures or HOS violations, we prove the trucking company broke federal law—and use that to maximize your recovery.
Rollover Accidents
Rollovers occur when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight, rollovers are among the most catastrophic trucking accidents. In Morgan County, rollovers frequently occur on I-76 curves, rural highway turns, and during high wind events on the eastern plains.
Approximately 50% of rollover crashes result from failure to adjust speed on curves. Other common causes include taking turns too sharply, improperly secured or unevenly distributed cargo, liquid cargo “slosh” that shifts the center of gravity, overcorrection after tire blowout or lane departure, and driver fatigue causing delayed reaction.
Rollover accidents often lead to secondary crashes from debris and fuel spills. The truck’s cargo may scatter across the highway, creating hazards for other vehicles. Fuel tank ruptures can cause fires and explosions.
We investigate rollovers by extracting ECM data for speed through curves, reviewing cargo manifest and securement documentation, analyzing load distribution records, examining driver training on rollover prevention, and assessing road geometry and signage. When we find cargo securement failures or speed violations, we prove negligence and pursue maximum damages.
Underride Collisions
Underride collisions occur when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level. These are among the most fatal types of 18-wheeler accidents.
Approximately 400-500 underride deaths occur annually in the United States. Rear underride and side underride are both deadly, though side underride has no federal guard requirement despite advocacy efforts.
Underride accidents often occur when trucks make sudden stops without adequate warning, during low visibility conditions (night, fog, rain), when trucks change lanes into blind spots, during wide right turns that cut off traffic, or due to inadequate rear lighting or reflectors.
Federal regulations require rear impact guards on trailers manufactured after January 26, 1998 (49 CFR § 393.86). These guards must prevent underride at 30 mph impact. However, NO FEDERAL REQUIREMENT exists for side underride guards—an ongoing safety gap that costs lives.
We investigate underride accidents by examining underride guard inspection and maintenance records, reviewing rear lighting compliance documentation, analyzing crash dynamics to determine underride depth, and assessing guard installation and certification. When we find inadequate guards or lighting failures, we prove the trucking company failed to meet federal safety standards.
Rear-End Collisions
Rear-end collisions occur when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.
18-wheelers require 20-40% more stopping distance than passenger vehicles. A fully loaded truck at 65 mph needs approximately 525 feet to stop—nearly two football fields. On icy Morgan County roads, this distance extends dramatically. Rear-end collisions are the second most common type of large truck crash.
Common causes include following too closely (tailgating), driver distraction from cell phones or dispatch communications, driver fatigue and delayed reaction, excessive speed for traffic conditions, brake failures from poor maintenance, failure to anticipate traffic slowdowns, and impaired driving.
We investigate rear-end collisions by extracting ECM data showing following distance and speed, reviewing ELD data for driver fatigue analysis, subpoenaing cell phone records for distraction evidence, examining brake inspection and maintenance records, and analyzing dashcam footage when available. When we find FMCSA violations, we prove negligence and pursue maximum damages.
Wide Turn Accidents (“Squeeze Play”)
Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.
18-wheelers need significant space to complete turns because the trailer tracks inside the path of the cab. Drivers must swing wide to avoid curbs, signs, or buildings. In Morgan County’s agricultural communities, wide turns at rural intersections and farm access roads create particular hazards.
Common causes include failure to properly signal turning intention, inadequate mirror checks before and during turn, improper turn technique, driver inexperience with trailer tracking, failure to yield right-of-way when completing turn, and poor intersection design forcing wide turns.
We investigate wide turn accidents by analyzing turn signal activation data from ECM, examining mirror condition and adjustment records, reviewing driver training on turning procedures, assessing intersection geometry, and obtaining witness statements on turn execution. When we find training failures or procedural violations, we prove negligence.
Blind Spot Accidents (“No-Zone”)
Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).
The four No-Zones are:
- Front No-Zone: 20 feet directly in front—driver cannot see low vehicles
- Rear No-Zone: 30 feet behind—no rear-view mirror visibility
- Left Side No-Zone: Extends from cab door backward—smaller than right side
- Right Side No-Zone: Extends from cab door backward, much larger—MOST DANGEROUS
Right-side blind spot accidents are especially dangerous due to the larger blind spot area. Many occur during lane changes on highways like I-76.
Common causes include failure to check mirrors before lane changes, improperly adjusted or damaged mirrors, inadequate mirror checking during sustained maneuvers, driver distraction, driver fatigue affecting situational awareness, and failure to use turn signals.
We investigate blind spot accidents by examining mirror condition and adjustment at time of crash, analyzing lane change data from ECM/telematics, reviewing turn signal activation records, and assessing driver training on blind spot awareness. When we find mirror failures or training deficiencies, we prove negligence.
Tire Blowout Accidents
Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.
18-wheelers have 18 tires, each of which can fail. Steer tire (front) blowouts are especially dangerous—they can cause immediate loss of control. “Road gators” (tire debris) cause thousands of accidents annually.
Common causes include underinflated tires causing overheating, overloaded vehicles exceeding tire capacity, worn or aging tires not replaced, road debris punctures, manufacturing defects, improper tire matching on dual wheels, heat buildup on long hauls, and inadequate pre-trip tire inspections.
We investigate tire blowout accidents by subpoenaing tire maintenance and inspection records, documenting tire age and wear, reviewing vehicle weight records from weigh stations, analyzing tire manufacturer and purchase records, and preserving the failed tire for defect analysis. When we find maintenance failures or manufacturing defects, we prove negligence and pursue all liable parties.
Brake Failure Accidents
Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.
Brake problems are a factor in approximately 29% of large truck crashes. Brake system violations are among the most common FMCSA out-of-service violations. Complete brake failure is often the result of systematic maintenance neglect.
Common causes include worn brake pads or shoes not replaced, improper brake adjustment (too loose), air brake system leaks or failures, overheated brakes (brake fade) on long descents, contaminated brake fluid, defective brake components, failure to conduct pre-trip brake inspections, and deferred maintenance to save costs.
We investigate brake failure accidents by subpoenaing brake inspection and maintenance records, reviewing out-of-service inspection history, extracting ECM data showing brake application and effectiveness, conducting post-crash brake system analysis, and examining driver vehicle inspection reports (DVIRs). When we find maintenance failures or deferred repairs, we prove the trucking company prioritized profit over safety.
Cargo Spill and Shift Accidents
Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.
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.
Types include cargo shift (load moves during transit, destabilizing truck), cargo spill (load falls from truck onto roadway), and hazmat spill (hazardous materials leak or spill, creating additional dangers).
Common causes include inadequate tiedowns (insufficient number or strength), improper loading distribution, failure to use blocking, bracing, or friction mats, tiedown failure due to wear or damage, overloading beyond securement capacity, failure to re-inspect cargo during trip, and loose tarps allowing cargo shift.
We investigate cargo accidents by photographing cargo securement at the scene, analyzing bills of lading and cargo manifests, subpoenaing loading company records, examining tiedown specifications and condition, and reviewing 49 CFR 393 compliance documentation. When we find securement failures, we prove negligence and pursue the loading company, cargo owner, and trucking company.
Head-On Collisions
Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction. These are among the deadliest accident types—even at moderate combined speeds, the force is often fatal.
Common causes include driver fatigue causing lane departure, driver falling asleep at the wheel, driver distraction (phone, GPS, dispatch), impaired driving (drugs, alcohol), medical emergency (heart attack, seizure), overcorrection after running off road, passing on two-lane roads, and wrong-way entry onto divided highways.
We investigate head-on collisions by extracting ELD data for HOS compliance and fatigue analysis, analyzing ECM data showing lane departure and steering, subpoenaing cell phone records for distraction evidence, reviewing driver medical records and certification, and examining drug and alcohol test results. When we find violations, we prove negligence and pursue maximum damages.
Colorado Law: What Morgan County Accident Victims Need to Know
Colorado law provides important protections for trucking accident victims—but also imposes strict deadlines and comparative fault rules that can affect your recovery.
Statute of Limitations: Two Years to Act
In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the two-year period runs from the date of death.
This deadline is absolute. Miss it, and you lose your right to compensation forever—no matter how serious your injuries or how clear the trucking company’s negligence.
But waiting until near the deadline is nearly as dangerous. Evidence disappears, witnesses forget, and the trucking company builds its defense. We recommend contacting an attorney within days, not months.
Modified Comparative Negligence: The 50% Bar Rule
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
Example: If your damages are $500,000 and you’re found 20% at fault, you recover $400,000 (80% of total). But if you’re found 50% at fault, you recover $0.
Trucking companies and their insurers will try to shift blame to you. We fight back with objective evidence—ECM data, ELD records, accident reconstruction—to minimize your assigned fault and maximize your recovery.
Damage Caps: Limits on Recovery
Colorado imposes specific caps on certain damages:
- Non-economic damages (pain and suffering): $300,000 cap, which can increase to $500,000 with clear and convincing evidence
- Punitive damages: Capped at the amount of compensatory damages (1:1 ratio)
There is no cap on economic damages (medical bills, lost wages, future care costs). For catastrophic injuries, economic damages often exceed non-economic damages anyway.
These caps make experienced legal representation even more critical. We know how to document and prove economic damages thoroughly, and how to present evidence that justifies the maximum allowable non-economic damages.
Federal Preemption: When Federal Law Controls
Trucking is heavily regulated by federal law, and federal regulations often preempt (override) state law. This can work in your favor:
- FMCSA regulations apply nationwide, creating consistent standards
- Federal court jurisdiction may be available for interstate commerce cases
- Federal minimum insurance ($750K-$5M) provides deeper pockets than many state requirements
Our federal court admission to the U.S. District Court, Southern District of Texas, and our deep familiarity with FMCSA regulations, give us advantages in complex interstate cases that many local firms lack.
Why Morgan County Victims Choose Attorney911
25+ Years of Trucking Litigation Experience
Ralph Manginello has been fighting for injury victims since 1998. He’s secured multi-million dollar verdicts and settlements, litigated against Fortune 500 corporations like BP in the Texas City refinery explosion, and built a reputation as a tenacious advocate for catastrophically injured clients.
His federal court experience matters. Interstate trucking cases often involve federal jurisdiction, and many local attorneys lack the credentials to practice in federal court. Ralph’s admission to the U.S. District Court, Southern District of Texas, expands our capabilities for complex cases.
The Insurance Defense Advantage: Lupe Peña
Most personal injury firms hire lawyers who’ve always represented plaintiffs. We did something different—we hired Lupe Peña, who spent years working at a national insurance defense firm.
Lupe knows:
- How insurance companies VALUE claims—their formulas and algorithms
- How adjusters are TRAINED to minimize payouts and deny claims
- What makes them SETTLE—and when they’re bluffing
- How they MINIMIZE damages using surveillance and “independent” medical exams
- How they DENY claims using pre-existing conditions and gaps in treatment
Now Lupe uses that insider knowledge to fight FOR you. When the insurance company makes a lowball offer, he knows exactly how much room they have to move. When they claim your injuries aren’t serious, he knows how to counter their tactics with medical evidence.
And for Morgan County’s Spanish-speaking community, Lupe provides direct representation without interpreters. Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
Multi-Million Dollar Results
Our track record speaks for itself:
| Case Type | Settlement/Verdict |
|---|---|
| Traumatic Brain Injury (logging accident) | $5+ million |
| Partial Leg Amputation (car accident + medical complication) | $3.8+ million |
| Maritime Back Injury (Jones Act) | $2+ million |
| Commercial Truck Crash | $2.5+ million |
| Multiple Wrongful Death Cases | Millions recovered |
| Total Client Recoveries | $50+ million |
These aren’t just numbers—they represent lives rebuilt, families supported, and justice secured. As client Chad Harris told us: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
4.9-Star Client Satisfaction
Our clients speak for us:
- 251+ Google reviews with 4.9-star average
- 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.”
- Kiimarii Yup: “I lost everything… 1 year later I have gained so much in return plus a brand new truck.”
- Glenda Walker: “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.”
Three Office Locations, Statewide Reach
With offices in Houston (main), Austin, and Beaumont, we serve trucking accident victims across Texas and beyond. For Morgan County and northeastern Colorado clients, we offer remote consultations and travel to your location when needed. Our federal court experience means we can represent you regardless of where the trucking company is headquartered.
The 48-Hour Evidence Preservation Protocol: Act Now or Lose Forever
We’ve said it before, but it bears repeating: evidence in trucking accidents disappears fast. While you’re focused on recovering from your injuries, the trucking company is already building their defense. Their rapid-response team has likely already visited the scene, interviewed their driver, and begun preserving evidence favorable to their position.
Critical Timeline: What Happens in the First 48 Hours
| Timeframe | Trucking Company Action | Your Risk |
|---|---|---|
| 0-2 hours | Rapid-response team dispatched to scene | Evidence begins disappearing |
| 2-6 hours | Driver coached on statement, drug/alcohol testing arranged | Driver’s true condition obscured |
| 6-24 hours | ECM data downloaded (if favorable), maintenance records reviewed | Unfavorable data may be “lost” |
| 24-48 hours | Insurance adjuster contacts you for recorded statement | You may say something that damages your case |
| 30+ days | Black box data may be overwritten | Critical electronic evidence destroyed |
The Spoliation Letter: Your Legal Protection
The moment you hire us, we send a formal spoliation letter to the trucking company, their insurer, and all potentially liable parties. This letter puts them on legal notice that litigation is anticipated and that they must preserve all evidence related to your accident.
Our spoliation letters demand preservation of:
Electronic Systems:
- ECM/EDR (black box) data
- ELD hours-of-service records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications
- Cell phone records
Driver Records:
- Complete Driver Qualification File
- Employment application and background check
- Medical certification and exam records
- Drug and alcohol test results
- Training records
- Previous accident and violation history
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
Once this letter is sent, any destruction of evidence becomes spoliation—a serious legal violation. Courts can impose sanctions, instruct juries to assume destroyed evidence was unfavorable to the defendant, or even enter default judgment against the trucking company.
Why Immediate Action Matters
We’ve seen cases where critical evidence was lost because victims waited even a few days to contact an attorney:
- ECM data overwritten with new driving events, destroying speed and braking evidence
- Dashcam footage deleted as part of “routine” data management
- Maintenance records “lost” during “office reorganization”
- Witnesses’ memories faded or became contaminated by subsequent discussions
- Physical evidence repaired or scrapped before inspection
Don’t let this happen to your case. The trucking company is preserving evidence right now. You need someone doing the same for you.
Call 1-888-ATTY-911 immediately. We’ll send a preservation letter today.
Colorado Law: Your Rights and Responsibilities After a Morgan County Trucking Accident
Understanding Colorado’s legal framework helps you protect your rights and maximize your recovery. Here are the key laws that apply to Morgan County trucking accident cases.
Statute of Limitations: Two Years to File
Colorado gives you two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the two-year period runs from the date of death.
This deadline is absolute. If you miss it, you lose your right to compensation forever—regardless of how serious your injuries or how clear the trucking company’s negligence.
Critical warning: Waiting until near the deadline is nearly as dangerous as missing it. Evidence disappears, witnesses forget, and the trucking company builds its defense. Contact an attorney within days, not months.
Modified Comparative Negligence: The 50% Bar Rule
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
Example: If your damages are $500,000 and you’re found 20% at fault, you recover $400,000 (80% of total). But if you’re found 50% at fault, you recover $0.
Trucking companies and their insurers will aggressively try to shift blame to you. They’ll claim you were speeding, following too closely, or failed to avoid the accident. We fight back with objective evidence—ECM data, ELD records, accident reconstruction, and expert analysis—to minimize your assigned fault and maximize your recovery.
Damage Caps: Limits on Certain Recoveries
Colorado imposes specific caps on certain damages:
| Damage Type | Cap | Notes |
|---|---|---|
| Non-economic damages (pain and suffering) | $300,000 | Can increase to $500,000 with clear and convincing evidence |
| Punitive damages | Equal to compensatory damages | 1:1 ratio cap |
No cap exists on economic damages (medical bills, lost wages, future care costs). For catastrophic injuries, economic damages often exceed non-economic damages anyway.
These caps make experienced legal representation critical. We know how to document and prove economic damages thoroughly, and how to present evidence that justifies the maximum allowable non-economic damages. In cases of gross negligence, we pursue punitive damages to punish the trucking company and deter future misconduct.
Federal Preemption: When Federal Law Controls
Trucking is heavily regulated by federal law, and federal regulations often preempt Colorado state law. This can work in your favor:
- FMCSA regulations apply nationwide, creating consistent safety standards
- Federal court jurisdiction may be available for interstate commerce cases
- Federal minimum insurance ($750K-$5M) provides deeper pockets than many state requirements
Our federal court experience—Ralph Manginello’s admission to the U.S. District Court, Southern District of Texas, and Lupe Peña’s federal admission—gives us advantages in complex interstate cases that many local firms lack.
Insurance Coverage: Why Trucking Cases Are High-Value
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Federal Minimum Liability Limits
| Cargo Type | Minimum Coverage |
|---|---|
| Non-Hazardous Freight (10,001+ lbs GVWR) | $750,000 |
| Oil/Petroleum (10,001+ lbs GVWR) | $1,000,000 |
| Large Equipment (10,001+ lbs GVWR) | $1,000,000 |
| Hazardous Materials (All) | $5,000,000 |
| Passengers (16+ passengers) | $5,000,000 |
| Passengers (15 or fewer) | $1,500,000 |
Many carriers carry $1-5 million or more in coverage. SmartRide, umbrella policies, and excess coverage can increase available funds even further.
Multiple Insurance Policies
Trucking cases often involve multiple overlapping policies:
- Motor carrier’s primary liability policy
- Trailer interchange coverage
- Cargo insurance
- Owner-operator’s policy (if applicable)
- Excess/umbrella coverage
- Your own UM/UIM coverage
We identify and pursue all available coverage to maximize your recovery.
Types of Damages Recoverable
Economic Damages (Calculable Losses):
- Medical expenses (past, present, and future)
- Lost wages and income
- Lost earning capacity
- Property damage
- Out-of-pocket expenses
- Life care costs for catastrophic injuries
Non-Economic Damages (Quality of Life):
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
- Physical impairment
Punitive Damages (Punishment for Gross Negligence):
Available when the trucking company or driver acted with gross negligence, willful misconduct, conscious indifference to safety, or fraud (such as falsifying logs or destroying evidence).
Frequently Asked Questions: Morgan County 18-Wheeler Accidents
Immediate After-Accident Questions
What should I do immediately after an 18-wheeler accident in Morgan County?
If you’re able, take these steps immediately: Call 911 and report the accident. Seek medical attention even if injuries seem minor. Document the scene with photos and video if possible. Get the trucking company name, DOT number, and driver information. Collect witness contact information. Do NOT give recorded statements to any insurance company. Call an 18-wheeler accident attorney immediately.
Should I go to the hospital after a truck accident even if I feel okay?
Absolutely yes. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Morgan County’s medical facilities can identify injuries that become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene?
Document everything possible: Truck and trailer license plates. DOT number (on truck door). Trucking company name and logo. Driver’s name, CDL number, and contact info. Photos of all vehicle damage. Photos of the accident scene, road conditions, skid marks. Photos of your injuries. Witness names and phone numbers. Responding officer’s name and badge number. Weather and road conditions.
Should I talk to the trucking company’s insurance adjuster?
No. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney?
Immediately—within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
Trucking Company and Driver Questions
Who can I sue after an 18-wheeler accident in Morgan 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 the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for negligent hiring, negligent training, negligent supervision, negligent maintenance, and negligent scheduling.
What if the truck driver says the accident was my fault?
Colorado uses modified comparative negligence with a 50% bar. Even if you were partially at fault, you may still recover compensation as long as you’re less than 50% responsible. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.
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 GPS location. This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.
FMCSA Regulations Questions
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate: Maximum 11 hours driving after 10 hours off. Cannot drive beyond 14th consecutive hour on duty. 30-minute break required after 8 hours driving. 60/70 hour weekly limits. Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find: Hours of service violations (driving too long). False log entries (lying about driving time). Brake system deficiencies. Cargo securement failures. Drug and alcohol violations. Unqualified drivers (no valid CDL or medical certificate). Failure to inspect vehicles.
Injury and Medical Questions
What injuries are common in 18-wheeler accidents in Morgan 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 Morgan 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.
Legal Process Questions
How long do I have to file an 18-wheeler accident lawsuit in Morgan County?
Colorado’s statute of limitations is two years from the date of your trucking accident. However, you should never wait. Evidence disappears, witnesses forget, and trucking companies are building their defense right now. We recommend contacting an attorney within days, not months.
How long do trucking accident cases take to resolve?
Timelines vary: Simple cases with clear liability: 6-12 months. Complex cases with multiple parties: 1-3 years. Cases that go to trial: 2-4 years. We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
Do I need to pay anything upfront to hire your firm?
No. We work on contingency—you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket. Standard contingency fee is 33.33% pre-trial, 40% if trial is necessary.
Your Next Step: Call Attorney911 Today
You’ve read about the dangers. You understand the urgency. You know what evidence is disappearing right now, while you’re reading this page.
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 visited the scene.
What are you doing?
Every hour you wait, your case gets harder to prove. Black box data can be overwritten in 30 days. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company builds its defense.
We don’t wait. When you call Attorney911, we send a spoliation letter within 24 hours to preserve every piece of evidence. We deploy investigators to the scene. We subpoena records before they can be destroyed. We build your case while you’re focused on healing.
Our managing partner Ralph Manginello brings 25+ years of experience, federal court admission, and a track record of multi-million dollar results. Our associate attorney Lupe Peña brings insider knowledge from his years defending insurance companies—now he fights against them. Our 4.9-star rating from 251+ client reviews reflects our commitment to treating every client like family.
We serve Morgan County and all of northeastern Colorado. With offices in Houston, Austin, and Beaumont, we have the resources to handle complex interstate cases while providing personalized attention. We offer remote consultations for Colorado clients and travel to your location when needed.
Hablamos Español. For Spanish-speaking clients in Morgan County, Lupe Peña provides direct representation without interpreters. Your language should never be a barrier to justice.
The consultation is free. The call is confidential. And you pay nothing unless we win.
Don’t let the trucking company win. Don’t settle for less than you deserve. Don’t wait until evidence disappears.
Call Attorney911 now: 1-888-ATTY-911
Or reach us at (888) 288-9911. Available 24/7. Because trucking accidents don’t wait for business hours, and neither do we.
Your fight starts with one call. Make it now.
Attorney911 / The Manginello Law Firm, PLLC
Managing Partner: Ralph P. Manginello, 25+ years experience
Associate Attorney: Lupe E. Peña, former insurance defense
Federal Court Admission: U.S. District Court, Southern District of Texas
Offices: Houston (main), Austin, Beaumont
Serving Morgan County, Colorado and nationwide
1-888-ATTY-911 | (888) 288-9911 | ralph@atty911.com | attorney911.com
Contingency fee representation. No fee unless we win. Free consultations. Hablamos Español.