18-Wheeler & Trucking Accident Attorneys in Summit County, Colorado
When 80,000 Pounds Changes Everything: Your Fight Starts Here
The Eisenhower Tunnel looms ahead at 11,158 feet. A truck driver who’s been pushing through mountain passes for 14 hours—four beyond federal limits—feels the brake pedal go soft on the long descent toward Denver. In the next lane, you’re driving your family home from a day at Breckenridge. You don’t see it coming. You can’t.
This is the reality of 18-wheeler accidents in Summit County. The physics are brutal—an 80,000-pound truck carries 20 times the destructive force of a passenger vehicle. The geography is unforgiving—steep grades, sudden weather, and the highest elevation interstate corridor in America. And the trucking companies? They’re already building their defense while you’re still in the hospital.
At Attorney911, we’ve spent 25 years fighting for trucking accident victims. Ralph Manginello, our managing partner, has recovered multi-million dollar settlements for families just like yours—including $5 million for a traumatic brain injury victim and $3.8 million for a client who lost a limb. We’ve gone toe-to-toe with Fortune 500 companies like BP in the Texas City explosion litigation. And we know exactly how trucking companies try to hide evidence, because our associate attorney Lupe Peña used to work for them.
Now he fights against them. That’s your advantage.
If you’ve been hurt in an 18-wheeler accident anywhere in Summit County—from Silverthorne to Frisco, Breckenridge to Keystone—you need someone who understands both federal trucking law and the unique challenges of mountain driving. Call 1-888-ATTY-911. We answer 24/7. The consultation is free. And you pay nothing unless we win.
Why 18-Wheeler Accidents in Summit County Are Different
The Mountain Factor: Geography That Kills
Summit County sits at the heart of the Colorado Rockies, and the trucking challenges here are unlike anywhere else in America. Interstate 70, the primary east-west corridor through the county, includes:
- The Eisenhower-Johnson Memorial Tunnel: At 11,158 feet, the highest vehicle tunnel in the world. Hazmat trucks are prohibited, forcing dangerous detours.
- The Vail Pass: 10,662 feet with 7% grades and frequent whiteout conditions.
- The Georgetown-Silverthorne stretch: Known for sudden weather changes and “black ice” that forms without warning.
These aren’t just scenic challenges—they’re deadly. A truck driver unfamiliar with mountain braking techniques can burn through brakes on a long descent, leading to complete failure. The runaway truck ramps on I-70 exist because this happens regularly. When a driver misses the ramp—or when brakes fail before reaching it—the results are catastrophic.
Weather That Changes in Minutes
Summit County weather is notoriously unpredictable. A sunny morning can become a blizzard by afternoon. The National Weather Service issues “high wind warnings” for I-70 when gusts exceed 60 mph—strong enough to blow empty trailers off the road. Temperature swings of 40 degrees in a single day are common, creating freeze-thaw cycles that destroy road surfaces.
Trucking companies have a legal duty to adjust operations for these conditions. Under 49 CFR § 392.14, drivers must use “extreme caution” in hazardous conditions, and may be required to stop driving entirely. When companies pressure drivers to maintain schedules despite weather warnings, they’re breaking federal law—and putting everyone at risk.
The Resort Economy: Peak Season Pressure
Summit County’s economy revolves around world-class ski resorts: Breckenridge, Keystone, Copper Mountain, and Arapahoe Basin. These destinations create massive seasonal freight demands:
- Pre-season equipment delivery: Snowmaking machinery, lift maintenance equipment, rental fleet vehicles
- Peak season supply chains: Food and beverage for resort restaurants, retail inventory for ski shops, fuel for heating and operations
- Event-driven surges: X Games, World Cup competitions, spring break crowds
This creates intense pressure on trucking companies to deliver on tight schedules. Drivers may be pushed to violate hours-of-service regulations, skip required rest breaks, or drive through dangerous weather to meet delivery windows. When profit pressure overrides safety, accidents happen.
The 15 Types of 18-Wheeler Accidents We Handle in Summit County
1. Jackknife Accidents: The Mountain Killer
A jackknife occurs when a truck’s trailer swings out perpendicular to the cab, folding like a pocket knife. On I-70’s steep grades, this often happens when:
- A driver brakes too hard on a descent, locking the trailer wheels while the cab continues moving
- An empty or lightly loaded trailer loses traction on ice
- A driver overcorrects after a tire blowout, causing the trailer to swing
The physics are devastating. A jackknifed trailer can sweep across all three lanes of I-70, collecting multiple vehicles in its path. We’ve seen cases where a single jackknife caused six-vehicle pileups with multiple fatalities.
FMCSA Violations Often Present:
- 49 CFR § 393.48 – Brake system malfunction from overheating
- 49 CFR § 392.6 – Speeding for conditions
- 49 CFR § 392.3 – Operating while fatigued
2. Rollover Accidents: Gravity Wins
Rollovers occur when a truck tips onto its side or roof. Summit County’s mountain curves make these particularly common:
- The “Deadman’s Curve” on I-70 east of the Eisenhower Tunnel: A sharp downhill turn with inadequate banking
- The Frisco to Breckenridge stretch: Multiple curves with changing elevation
- Loveland Pass (when hazmat trucks are forced to detour): Steep grades with no runaway ramps
The high center of gravity on loaded trucks makes them inherently unstable. A driver taking a curve at just 5 mph over the safe speed can trigger a rollover. When the cargo is liquid (fuel, chemicals), the “slosh” effect shifts the center of gravity unpredictably, making rollovers even more likely.
Common Injuries: Crushing injuries to vehicles beneath the truck, fuel fires causing severe burns, multi-vehicle pileups from debris.
3. Underride Collisions: The Invisible Killer
Underride accidents are among the most horrific in trucking. When a smaller vehicle crashes into the rear or side of a trailer, it can slide underneath—shearing off the passenger compartment at windshield level.
Rear Underride: Often occurs when a truck stops suddenly on I-70 (traffic backup, accident ahead) and a following vehicle can’t stop in time. Federal law requires rear impact guards, but many are poorly maintained or improperly installed.
Side Underride: Particularly dangerous on Summit County’s two-lane mountain roads. When a truck makes a wide turn or changes lanes, a vehicle in the blind spot can be pushed sideways and forced under the trailer.
The Regulatory Failure: While rear underride guards are required, there is NO federal requirement for side underride guards—despite side underride causing hundreds of deaths annually. Advocacy groups have pushed for this regulation for decades, but the trucking industry has successfully blocked it.
4. Rear-End Collisions: The Physics of Mass
An 80,000-pound truck rear-ending a passenger vehicle is catastrophic. The truck’s mass carries 20 times the kinetic energy of a car at the same speed. When that energy transfers to a 4,000-pound vehicle, the results are devastating.
Why Trucks Rear-End Vehicles on I-70:
- Long stopping distances: A truck at 65 mph needs 525 feet to stop—nearly two football fields. On I-70’s downhill grades, this distance increases dramatically.
- Brake fade: Overheated brakes on long descents lose effectiveness. A driver who started with functional brakes may have none when traffic suddenly slows.
- Following too closely: Some drivers ignore the 4-second following distance rule, creating impossible stopping scenarios.
- Distraction: Dispatch communications, GPS navigation, or cell phone use delay reaction times.
The “Squeeze Play”: When traffic slows suddenly, a truck may be unable to stop in time. The driver may attempt to change lanes, causing a sideswipe collision, or may strike the vehicle ahead with devastating force.
5. Wide Turn Accidents: The Trailer Swing
18-wheelers need enormous space to complete turns. The trailer tracks inside the cab’s path, creating a “swing out” effect. When drivers don’t account for this—or when other drivers don’t understand it—accidents happen.
The “Right Turn Squeeze”: A truck making a right turn from I-70’s exit ramps may swing left first to create turning radius. Drivers behind may see this as an opportunity to pass on the right, entering the space the trailer needs to complete its turn. When the trailer swings back right, the vehicle is crushed.
Common Locations in Summit County:
- Exit 203 (Silverthorne/Dillon): Tight turn radius with heavy resort traffic
- Exit 195 (Frisco): Multiple turn lanes creating confusion
- Main Street intersections in Breckenridge: Narrow streets with pedestrian and vehicle mixing
6. Blind Spot Accidents: The No-Zone
18-wheelers have massive blind spots—areas where the driver cannot see other vehicles. FMCSA calls these “No-Zones,” and they’re deadly.
The Four No-Zones:
| Zone | Location | Danger Level |
|---|---|---|
| Front No-Zone | 20 feet directly ahead | High – driver can’t see low vehicles |
| Rear No-Zone | 30 feet directly behind | High – no rear-view mirror visibility |
| Left Side No-Zone | From cab door to mid-trailer | Moderate – smaller than right side |
| Right Side No-Zone | From cab door to end of trailer | EXTREME – largest and most dangerous |
Why Right-Side Blind Spots Are Deadly:
The right-side No-Zone extends the entire length of the trailer and can hide an entire vehicle. When a truck changes lanes to the right—or when a vehicle enters this space on the right—the driver literally cannot see them. On I-70’s three-lane sections, this creates deadly scenarios when trucks move right to exit or allow faster traffic to pass.
7. Tire Blowout Accidents: Sudden Catastrophe
A truck tire blowout at highway speed is like a bomb going off. The sudden loss of pressure causes immediate instability, and the shredded tire debris becomes a deadly projectile.
Why Tire Blowouts Happen on I-70:
- Extreme heat in summer: Asphalt temperatures on I-70 can exceed 140°F, causing tire pressure to spike
- Underinflation: Drivers may not check pressure at elevation changes
- Overloading: Resort season freight often exceeds safe tire loads
- Aging tires: Retreads and old tires are more prone to failure
- Road debris: I-70’s heavy traffic creates hazards that damage tires
The “Road Gator” Hazard:
Shredded truck tires on the highway—called “road gators” for their resemblance to alligators—cause thousands of accidents annually. When a following vehicle strikes this debris at 70 mph, the results can be catastrophic: loss of control, collision with other vehicles, or rollover.
8. Brake Failure Accidents: When 80,000 Pounds Can’t Stop
Brake failure on an 80,000-pound truck descending I-70’s mountain grades is a nightmare scenario. The truck becomes an unguided missile, and the driver’s options are limited to desperate measures.
How Brake Failure Happens:
- Brake fade: Repeated braking on long descents overheats brakes, reducing effectiveness
- Improper adjustment: Air brakes require precise adjustment; misadjustment causes uneven braking
- Air system leaks: Loss of air pressure disables the braking system entirely
- Deferred maintenance: Worn brake pads, contaminated fluid, or corroded components
- Overloading: Exceeding brake capacity with excessive cargo weight
The Runaway Truck Ramp:
I-70 includes several runaway truck ramps—steep uphill gravel paths designed to stop trucks with failed brakes. When a driver loses braking ability, these ramps are the last hope. But they’re not always accessible—sometimes the truck is past the ramp before the driver realizes brakes have failed, or traffic prevents reaching it.
9. Cargo Spill and Hazmat Accidents: Toxic Danger
When a truck’s cargo spills on I-70, the consequences extend far beyond the immediate collision. Hazardous materials can contaminate water supplies, require highway closures for days, and expose first responders and the public to toxic substances.
Common Hazmat on I-70:
- Fuel and petroleum products: Tankers serving Colorado’s energy industry
- Chemicals for ski resort operations: Snowmaking chemicals, pool treatments
- Industrial solvents and acids: Manufacturing supplies for Front Range industries
- Radioactive materials: Medical and research isotopes
- Explosives: Mining and construction blasting materials
The Regulatory Framework:
Federal law requires $5 million in liability coverage for hazmat carriers—far exceeding the $750,000 minimum for general freight. Drivers must have specialized endorsements on their CDL, and vehicles must display proper placards identifying the cargo. When these requirements are violated—when an unqualified driver transports hazmat, or when a carrier skimps on insurance—the consequences of an accident multiply.
10. Head-On Collisions: The Worst-Case Scenario
When an 18-wheeler crosses into oncoming traffic on I-70’s two-lane sections, the result is almost always fatal for the occupants of the smaller vehicle. The combined closing speed—often exceeding 130 mph—creates impact forces that no passenger vehicle can survive.
Why Head-Ons Happen on Mountain Roads:
- Driver fatigue: Long hauls from Denver to the Western Slope push drivers beyond safe limits
- Medical emergencies: Heart attacks, seizures, or diabetic episodes at the wheel
- Impairment: Alcohol, drugs, or prescription medication affecting judgment
- Distraction: GPS navigation, dispatch communications, or cell phone use
- Overcorrection: Swerving to avoid wildlife or debris, then losing control
The Glenwood Canyon Problem:
I-70’s Glenwood Canyon stretch—just west of Summit County—illustrates the deadly potential. The canyon’s narrow walls leave no room for error. When a truck crosses the centerline here, there’s nowhere for oncoming traffic to go. The canyon has seen multiple fatal head-on collisions involving commercial vehicles, prompting calls for enhanced safety measures that trucking companies have resisted.
11. T-Bone and Intersection Accidents
When a truck runs a red light or fails to yield at Summit County’s resort-area intersections, the result is a T-bone collision—where the front of the truck strikes the side of another vehicle. These accidents are particularly dangerous because vehicle sides offer the least protection.
High-Risk Locations:
- CO-9 and Main Street, Frisco: Heavy resort traffic mixing with through trucks
- I-70 Exit 203 (Silverthorne): Complex interchange with multiple turn lanes
- Main Street intersections in Breckenridge: Narrow streets, pedestrian traffic, and delivery trucks
- Keystone Resort access roads: Seasonal traffic surges overwhelming infrastructure
The “Squeeze Play” Variant:
When a truck makes a wide right turn at these intersections, it may swing left first—creating a gap that vehicles enter. When the trailer swings back right, the vehicle is crushed between the trailer and the curb. This “squeeze play” causes devastating injuries at low speeds.
12. Sideswipe Accidents: The Blind Spot Strike
When a truck changes lanes without seeing a vehicle in its blind spot, the result is a sideswipe collision. On I-70’s three-lane sections, this often happens when trucks move right to allow faster traffic to pass—or when they attempt to exit.
The Right-Side Danger:
The right-side blind spot is the largest and most dangerous. It extends from the cab door to the end of the trailer—easily hiding an entire vehicle. When a truck moves right, the driver literally cannot see what’s there. The collision often pushes the smaller vehicle into the guardrail or off the road entirely.
Mountain Road Complications:
On I-70’s narrow sections, there’s often nowhere to go. A sideswipe can force a vehicle into oncoming traffic, over a cliff edge, or into rock walls. The guardrails on mountain interstates are designed to deflect vehicles back into traffic—not to stop a sideswipe collision from pushing a car off the road.
13. Override Accidents: When the Truck Goes Over
An override accident occurs when a truck drives over a smaller vehicle in front of it—similar to a rear-end collision but with the truck passing over the vehicle rather than just striking it. These accidents are almost always fatal for the occupants of the smaller vehicle.
How Overrides Happen:
- Brake failure on descents: The truck can’t stop, and the smaller vehicle is crushed beneath
- Following too closely: The truck is too close to stop when traffic slows suddenly
- Driver distraction: Delayed reaction time means the truck is already on top of the vehicle before braking begins
- Underride guard failure: Weak or missing rear guards allow the truck to ride up and over the vehicle
The I-70 Descent Problem:
The long descents from the Eisenhower Tunnel toward Denver are override accident hotspots. A truck with brake fade or an inattentive driver can close 500+ feet of stopping distance in seconds. When traffic slows for the Georgetown curve or the Idaho Springs exit, an override accident becomes likely.
14. Lost Wheel and Detached Trailer Accidents
When a wheel or entire trailer separates from a truck at highway speed, it becomes a deadly projectile. These accidents often strike oncoming vehicles with fatal results—and they’re almost always caused by maintenance failures.
Wheel Separation Causes:
- Improper torque: Lug nuts not tightened to specification work loose over time
- Worn bearings: Failed wheel bearings cause the wheel to seize and break free
- Cracked wheels: Stress fractures from overloading or road impacts
- Missing inspection: Pre-trip inspections that don’t catch developing problems
Detached Trailer Causes:
- Fifth wheel failure: The coupling mechanism that connects trailer to cab fails
- Kingpin breakage: The pin that locks into the fifth wheel shears off
- Improper coupling: Driver error in connecting trailer to cab
- Structural failure: Frame cracks or corrosion causing separation
The Mountain Road Danger:
On I-70’s narrow sections, there’s no room to avoid a detached wheel or trailer. A wheel bouncing across lanes at 70 mph gives drivers milliseconds to react. When the object is a 40-foot trailer, there’s no avoiding it. These accidents often cause multi-vehicle pileups with catastrophic injuries.
15. Runaway Truck Accidents: When Brakes Fail on the Mountain
Runaway truck accidents occur when a truck’s brakes fail on a long descent, and the driver cannot stop. The truck accelerates downhill, often reaching speeds where control is impossible. These accidents are particularly common on Colorado’s mountain interstates—and particularly deadly.
How Runaways Happen:
- Brake fade: Repeated braking overheats the brake drums, reducing friction
- Improper technique: Drivers who “ride” brakes instead of using engine braking
- Overloading: Exceeding brake capacity with excessive cargo weight
- Inexperience: Drivers unfamiliar with mountain descent techniques
- Mechanical failure: Air brake system leaks or component failures
The Runaway Truck Ramp:
I-70 includes several runaway truck ramps—steep uphill paths filled with loose gravel designed to stop trucks with failed brakes. These ramps have saved countless lives. But they’re not always accessible:
- The truck may be past the ramp before the driver realizes brakes have failed
- Traffic may block access to the ramp
- The driver may be unable to reach the ramp due to speed and traffic conditions
- Some ramps are poorly maintained, reducing effectiveness
When Ramps Fail:
When a runaway truck misses the ramp—or when no ramp exists—the results are catastrophic. The truck may collide with other vehicles at highway speed or faster, leave the roadway and roll down mountain slopes, or crash into structures like bridge abutments or rock faces. These accidents are almost always fatal for the truck driver and often cause multiple fatalities in other vehicles.
Federal Regulations That Protect You: How FMCSA Rules Prove Negligence
Every 18-wheeler on American highways must comply with federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These rules are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 390-399. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents—and we use these violations to prove negligence in court.
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 was subject to federal safety requirements |
| Part 391 | Driver Qualification | Who can drive, medical requirements, training | Proves negligent hiring if driver was unqualified |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol | Shows driver misconduct that caused the accident |
| Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights | Demonstrates maintenance failures |
| Part 395 | Hours of Service | How long drivers can drive, required rest | Proves fatigue was a factor |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records | Shows systematic safety neglect |
Part 391: Driver Qualification—The Foundation of Safety
Federal law establishes minimum standards for who can operate a commercial motor vehicle. When trucking companies cut corners on these requirements, they put dangerous drivers on the road.
Minimum Qualifications (49 CFR § 391.11):
A person shall not drive a commercial motor vehicle unless they:
- Are at least 21 years old (interstate commerce)
- Can read and speak English sufficiently to understand road signs and communicate
- Can safely operate the vehicle and cargo type
- Are physically qualified per § 391.41
- Hold a valid commercial driver’s license (CDL)
- Have completed required driver training
- Are not disqualified under § 391.15 (DUIs, suspensions, serious violations)
- Have passed required drug and alcohol tests
The Driver Qualification File (49 CFR § 391.51):
Every trucking company must maintain a complete file for each driver containing:
- Employment application and background check
- Three-year driving record from all states
- Road test certificate or equivalent
- Current medical examiner’s certificate (valid max 2 years)
- Annual driving record review documentation
- Previous employer inquiries (3-year history)
- Drug and alcohol test records
How We Use This in Your Case:
When we subpoena the Driver Qualification File, we’re looking for:
- Missing files: No DQ file means negligent hiring per se
- Expired medical certificates: Driving with known health risks
- Undisclosed violations: Pattern of dangerous driving
- Incomplete background checks: Hiring drivers with disqualifying histories
- Positive drug tests: Operating under influence
Part 395: Hours of Service—Fighting Fatigue
Driver fatigue is a factor in approximately 31% of fatal truck crashes. Federal hours-of-service regulations exist to prevent exhausted drivers from operating 80,000-pound vehicles—but trucking companies routinely violate these rules to meet delivery schedules.
Current HOS Limits for Property-Carrying Drivers:
| Rule | Requirement | Violation Consequence |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Fatigue-related accidents, delayed reaction times |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Driver exhaustion, impaired judgment |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | Sustained fatigue without recovery |
| 60/70-Hour Weekly Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Cumulative fatigue, chronic exhaustion |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate recovery from cumulative fatigue |
Electronic Logging Devices (ELDs):
Since December 18, 2017, most CMV drivers must use ELDs that automatically record driving time and synchronize with the vehicle engine. Unlike paper logs that drivers could falsify, ELDs create tamper-resistant records of:
- Exact driving time and location
- Speed and engine performance
- Brake applications and hard braking events
- HOS violations in real-time
Why ELD Data Wins Cases:
ELD data is objective and court-admissible. It directly contradicts driver claims of “I wasn’t tired” or “I took my required breaks.” We’ve used ELD data to prove:
- Drivers who claimed 8 hours of sleep actually drove 14 hours straight
- “Pre-trip inspections” that never happened
- Speeding violations that drivers denied
- HOS violations that trucking companies knew about and ignored
Part 393: Vehicle Safety and Cargo Securement
Federal regulations establish minimum standards for vehicle equipment and cargo loading. When trucking companies cut corners on maintenance or loading, they create deadly hazards.
Brake System Requirements (49 CFR § 393.40-55):
All CMVs must have properly functioning brake systems including:
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems meeting specific pressure and timing requirements
- Brake adjustment maintained within specifications
Cargo Securement (49 CFR § 393.100-136):
Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling from the vehicle
- Shifting that affects vehicle stability or maneuverability
- Blocking the driver’s view or interfering with operation
Performance Criteria:
Cargo securement systems must withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
Part 396: Inspection and Maintenance
Systematic maintenance is the foundation of trucking safety. Federal regulations require motor carriers to inspect, repair, and maintain their vehicles—but economic pressure leads many to defer critical maintenance.
Systematic Maintenance Requirement (49 CFR § 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
Driver Inspection Requirements:
- Pre-Trip Inspection (§ 396.13): Before driving, drivers must be satisfied the vehicle is in safe operating condition
- Post-Trip Report (§ 396.11): After each day’s driving, drivers must prepare written report on vehicle condition covering brakes, steering, lighting, tires, horn, wipers, mirrors, coupling devices, wheels, and emergency equipment
Annual Inspection (§ 396.17):
Every CMV must pass a comprehensive annual inspection. Inspection decal must be displayed. Records retained for 14 months.
The 10 Parties Who May Owe You Compensation
Most law firms only sue the driver and trucking company. We investigate EVERY potentially liable party—because more defendants means more insurance coverage means higher recovery for you.
1. The Truck Driver
The driver who caused your accident may be personally liable for negligent conduct including:
- Speeding or reckless driving for conditions
- Distracted driving (cell phone, GPS, dispatch radio)
- Fatigued driving beyond federal hours-of-service limits
- Impaired driving (alcohol, drugs, prescription medication)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws or safe driving practices
We pursue the driver’s personal assets and insurance when available, though most recovery comes from deeper-pocketed defendants.
2. The Trucking Company / Motor Carrier
The trucking company is often your primary recovery target. They carry the highest insurance limits ($750,000 to $5 million or more) and have multiple avenues of liability.
Vicarious Liability (Respondeat Superior):
Under this doctrine, employers are responsible for employees’ negligent acts within the scope of employment. If the driver was an employee (not an independent contractor), performing job duties when the accident occurred, the company is automatically liable.
Direct Negligence Claims:
We also pursue direct negligence claims against trucking companies for:
- Negligent Hiring: Failing to check driver’s background, driving record, or qualifications; hiring drivers with disqualifying violations
- Negligent Training: Inadequate safety training, mountain driving techniques, or hours-of-service compliance
- Negligent Supervision: Failing to monitor driver performance, ELD compliance, or safety violations
- Negligent Maintenance: Deferring critical repairs, ignoring inspection findings, or using substandard parts
- Negligent Scheduling: Pressuring drivers to violate hours-of-service regulations to meet delivery deadlines
3. The Cargo Owner / Shipper
The company that owned the cargo and arranged its shipment may share liability when:
- They provided improper loading instructions that caused instability
- They failed to disclose the hazardous nature of cargo
- They required overweight loading beyond safe limits
- They pressured the carrier to expedite delivery beyond safe driving limits
- They misrepresented cargo weight or characteristics
Resort-area freight creates unique risks. Seasonal equipment (snowmaking machinery, lift components) often requires specialized loading that general freight companies mishandle.
4. The Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for:
- Improper cargo securement violating 49 CFR § 393.100-136
- Unbalanced load distribution causing instability
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, or tiedowns
- Inadequate training of loaders on securement requirements
We investigate whether specialized cargo (ski equipment, resort supplies, construction materials) was properly secured for mountain driving conditions.
5. Truck and Trailer Manufacturer
The companies that manufactured the truck, trailer, or major components may be liable for design or manufacturing defects:
- Brake system design defects causing premature failure
- Stability control system failures
- Fuel tank placement creating fire hazards
- Defective underride guards that fail in collisions
- Steering mechanism defects
- Defective safety systems (ABS, ESC, collision warning)
We preserve failed components for expert analysis and research recall history through NHTSA databases.
6. Parts Manufacturer
Companies that manufactured specific components may be liable for defective products:
- Defective brake pads, shoes, or air brake components
- Defective tires causing blowouts
- Defective steering components
- Defective lighting components
- Defective coupling devices
Product liability claims against parts manufacturers can provide additional recovery when the trucking company’s insurance is insufficient.
7. Maintenance Company
Third-party maintenance companies that service trucking fleets may be liable for negligent repairs:
- Repairs that failed to fix known problems
- Failure to identify critical safety issues during inspection
- Improper brake adjustments or repairs
- Use of substandard or incorrect parts
- Returning vehicles to service with known defects
We obtain maintenance records and mechanic work orders to identify negligent repair work.
8. Freight Broker
Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection:
- Selecting carriers with poor safety records or high CSA scores
- Failing to verify carrier insurance and operating authority
- Choosing the cheapest carrier despite known safety concerns
- Failing to check for pattern of violations
Brokers have a duty to select safe carriers, not just cheap ones. When they prioritize cost over safety, they share liability for resulting accidents.
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the individual or company that owns the truck may have separate liability:
- Negligent entrustment of the vehicle to an unqualified driver
- Failure to maintain owned equipment
- Knowledge of the driver’s unfitness or poor safety record
We investigate lease agreements and maintenance responsibility allocations to identify owner liability.
10. Government Entity
Federal, state, or local government may share liability in limited circumstances:
- Dangerous road design that contributed to the accident
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers where needed
- Improper work zone setup
Special Considerations for Government Claims:
- Sovereign immunity limits government liability
- Strict notice requirements and short deadlines apply
- Must prove actual notice of dangerous condition in many cases
- Damage caps may apply (varies by jurisdiction)
We investigate road design specifications, maintenance records, and prior accident history at the location to identify government liability.
The 48-Hour Evidence Preservation Protocol: Why Immediate Action Saves Cases
In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act immediately, critical evidence will be lost forever.
Critical Evidence 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 | FMCSA only requires 6-month retention | Proves hours-of-service violations, fatigue |
| Dashcam Footage | Often deleted within 7-14 days | Shows driver’s behavior, road conditions, crash sequence |
| Surveillance Video | Business cameras typically overwrite in 7-30 days | Independent documentation of crash from nearby businesses |
| Witness Memory | Fades significantly within weeks | Critical testimony about driver behavior, road conditions |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped | Damage patterns, mechanical failures, cargo condition |
| Drug/Alcohol Tests | Must be conducted within specific windows | Proof of impairment at time of accident |
The Spoliation Letter: Your Legal Shield
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
- The sooner sent, the more weight it carries
When We Send It:
IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.
What Our Spoliation Letter Demands
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Medical certification and exam records
- Drug and alcohol test results (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
ECM/Black Box Data: The Objective Truth
Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box but for trucks. This data is often the most powerful evidence in your case because it cannot be disputed or denied.
Types of Electronic Recording:
| System | What It Records | Case Value |
|---|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes | Proves speeding, mechanical problems |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment | Captures seconds before impact |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time | Proves fatigue, HOS violations |
| Telematics | Real-time GPS tracking, speed, route, driver behavior | Shows patterns of unsafe driving |
| Dashcam | Video of road ahead, some record cab interior | Captures driver behavior, road conditions |
Critical Data Points:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
Why This Data Wins Cases:
ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases nationwide.
We send spoliation letters immediately to preserve this evidence before it can be overwritten or deleted.
Catastrophic Injuries: When Trucks Destroy Lives
The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. When an 80,000-pound truck collides with a 4,000-pound passenger vehicle, the energy transfer is devastating. The truck’s mass carries approximately 80 times the kinetic energy of the car. When that energy hits your vehicle, the results change lives forever.
Traumatic Brain Injury (TBI): The Invisible Catastrophe
TBI occurs when sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull—even without direct head contact. The acceleration-deceleration forces alone can shear neural connections.
Severity Levels:
| Level | Symptoms | Long-Term Impact |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief loss of consciousness | Usually recovers, but may have lasting cognitive effects, mood changes |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation; may have permanent limitations |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, often requires 24/7 care, cannot live independently |
Common Symptoms That May Not Appear Immediately:
- Headaches, dizziness, nausea
- Memory loss, confusion, difficulty concentrating
- Mood changes, depression, anxiety, personality changes
- Sleep disturbances, fatigue
- Sensory problems (vision, hearing, taste changes)
- Speech difficulties, word-finding problems
Why TBI Cases Require Specialized Attorneys:
TBI cases are among the most complex personal injury claims. The full extent of brain damage may not be apparent for months. Treatment requires specialized neurologists, neuropsychologists, and rehabilitation specialists. Future care needs—including cognitive therapy, vocational rehabilitation, and potentially lifetime supervision—must be accurately projected.
We’ve recovered $1.5 million to $9.8 million for TBI victims. These substantial settlements reflect the lifelong impact of brain injuries and the extensive care required. 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—fight for the full resources needed for the best possible recovery.
Spinal Cord Injury: Paralysis and Permanent Disability
Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis. In 18-wheeler accidents, spinal injuries typically occur from:
- Direct impact forces crushing the vehicle cabin
- Rollover accidents where the roof collapses
- Ejection from the vehicle causing impact with road or obstacles
- Severe whiplash forces exceeding spinal tolerance
Types of Paralysis:
| Type | Definition | Impact on Life |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk; may affect bladder, bowel, and sexual function; upper body function preserved |
| Quadriplegia/Tetraplegia | Loss of function in all four limbs | Cannot walk or use arms; may require ventilator for breathing; total dependence for daily activities |
| Incomplete Injury | Some nerve function remains below injury level | Variable outcomes; may have some sensation, movement, or voluntary control; potential for improvement with rehabilitation |
| Complete Injury | No nerve function below injury level | Total loss of sensation and movement; permanent disability; no potential for neurological recovery |
Level of Injury Determines Severity:
Higher injuries affect more body functions:
- C1-C4 injuries: May require ventilator for breathing; no arm or leg function; requires 24/7 care
- C5-C6 injuries: Some shoulder and arm function; may be able to drive with adaptations; independent with assistance
- C7-T1 injuries: Full arm and hand function; may be able to perform most daily activities independently
- T2-L1 injuries: Paraplegia with full upper body function; independent with wheelchair
- L2-S5 injuries: Some leg function; may walk with braces or aids; bowel/bladder function may be affected
Lifetime Care Costs:
| Injury Level | Direct Medical Costs (Lifetime) |
|---|---|
| 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, home modifications, vehicle adaptations, or loss of quality of life. Total economic impact can reach $10-25 million over a lifetime.
Our Spinal Cord Injury Experience:
We’ve recovered $4.7 million to $25.8 million for spinal cord injury victims. These cases require specialized expertise: life care planners to project lifetime needs, vocational experts to assess employment impact, and rehabilitation specialists to document functional limitations.
As client Ernest Cano said, “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.” That’s the commitment we bring to spinal cord injury cases—fighting for the full resources needed for a lifetime of care.
3. Amputation: When Limbs Are Lost
Amputation injuries in 18-wheeler accidents occur through two mechanisms:
Traumatic Amputation: The limb is severed at the scene by the crash forces—crushing between vehicles, shearing by trailer undercarriage, or traumatic separation from impact.
Surgical Amputation: The limb is so severely damaged—crushed, burned, or with vascular compromise—that surgical removal is necessary to save the patient’s life.
Common Amputation Scenarios in Trucking Accidents:
- Underride collisions: Vehicle slides under trailer, roof shears off, occupants decapitated or limbs severed
- Override accidents: Truck drives over smaller vehicle, crushing occupants
- Rollover accidents: Roof collapse crushes limbs; extraction requires amputation
- Sideswipe with guardrail: Vehicle forced into guardrail, crushing driver’s side
- Cargo spill: Heavy cargo falls on vehicle, crushing occupants
Ongoing Medical Needs:
Amputation is not a one-time event—it begins a lifetime of medical care:
| Need | Description | Cost Range |
|---|---|---|
| Initial surgery and hospitalization | Emergency amputation, wound care, initial rehabilitation | $50,000-$200,000 |
| Prosthetic limbs | Custom-fitted prosthetic for specific activities (walking, running, sports) | $5,000-$50,000 each |
| Prosthetic replacements | Prosthetics wear out and require replacement every 3-5 years | Lifetime cost $200,000-$500,000+ |
| Physical therapy | Gait training, strength building, prosthetic adaptation | $10,000-$50,000+ |
| Occupational therapy | Learning daily living skills with prosthetic, home modifications | $5,000-$25,000 |
| Psychological counseling | Body image issues, depression, PTSD, adjustment to disability | Ongoing |
| Home modifications | Ramps, bathroom modifications, door widening | $10,000-$50,000 |
| Vehicle modifications | Hand controls, wheelchair lifts, adaptive equipment | $20,000-$80,000 |
Impact on Life and Employment:
Amputation affects every aspect of life:
- Career limitations: Many occupations become impossible; vocational retraining often required
- Phantom limb pain: Sensation of pain in the missing limb affects 50-80% of amputees
- Body image and psychological trauma: Depression, anxiety, social withdrawal common
- Dependency: Daily activities may require assistance; independence compromised
- Relationship strain: Family dynamics change; caregiver burden affects spouses and children
Our Amputation Case Experience:
We’ve recovered $1.9 million to $8.6 million for amputation victims. These cases require specialized expertise: prosthetic specialists to project lifetime needs, vocational experts to assess employment impact, and rehabilitation specialists to document functional limitations.
As client Kiimarii Yup shared, “I lost everything… my car was at a total loss, and because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return plus a brand new truck.” That’s the comprehensive recovery we fight for—addressing not just immediate medical needs, but the full life impact of catastrophic injury.
4. Severe Burns: When Trucks Become Firebombs
Burn injuries in 18-wheeler accidents occur through multiple mechanisms:
Fuel Tank Rupture: Diesel fuel ignites on contact with hot engine components or sparks from collision. A fully loaded tanker carries 300+ gallons of diesel—enough fuel to create a fireball engulfing multiple vehicles.
Hazmat Cargo Spills: Chemical tankers carrying flammable liquids, corrosive materials, or reactive substances can release their cargo on impact. The resulting fires, explosions, or toxic exposures affect not just collision victims but emergency responders and nearby residents.
Electrical Fires: Battery and wiring damage from collision can ignite fires in the cab or trailer. Modern trucks with extensive electronic systems are particularly vulnerable.
Friction Burns: Occupants thrown from vehicles or dragged along road surfaces suffer severe abrasion burns requiring skin grafting.
Chemical Burns: Contact with spilled hazmat cargo—acids, bases, solvents—causes tissue destruction continuing for hours after initial contact.
Burn Classification and Treatment:
| Degree | Depth | Treatment | Long-Term Impact |
|---|---|---|---|
| First | Epidermis only | Topical treatment, pain management | Usually heals without scarring |
| Second | Epidermis and dermis | Wound care, possible skin grafting, infection prevention | May scar, may have pigment changes, possible contractures |
| Third | Full thickness (all skin layers) | Surgical debridement, extensive skin grafting, fluid resuscitation, infection control | Permanent scarring, contractures, loss of function, possible amputation |
| Fourth | Through skin to muscle, bone, or organs | Emergency surgery, possible amputation, long-term rehabilitation, multiple reconstructive procedures | Catastrophic permanent damage, loss of limb function, possible disability |
Long-Term Consequences of Severe Burns:
- Permanent scarring and disfigurement: Facial burns particularly devastating; body image trauma
- Multiple reconstructive surgeries: Years of procedures to improve function and appearance
- Skin graft procedures: Donor site pain, graft failure risks, repeated procedures
- Chronic pain: Nerve damage, contractures, ongoing discomfort
- Infection risks: Compromised skin barrier, recurrent infections, sepsis risk
- Psychological trauma: PTSD, depression, social withdrawal, body image disorders
- Functional limitations: Reduced mobility, loss of dexterity, inability to perform previous activities
- Employment impact: Many careers impossible with severe burns; vocational retraining required
5. Internal Organ Damage: The Hidden Killer
Internal injuries in 18-wheeler accidents often don’t show immediate symptoms. The extreme forces of collision can cause devastating damage to organs without external signs—damage that becomes life-threatening if not promptly diagnosed and treated.
Common Internal Injuries:
| Organ | Injury Mechanism | Consequences |
|---|---|---|
| Liver | Blunt force trauma from steering wheel, seatbelt, or collision impact | Laceration or rupture causing internal bleeding; may require surgical repair or partial removal |
| Spleen | Blunt trauma to left upper abdomen | Rupture requiring emergency splenectomy; lifelong infection risk without spleen |
| Kidneys | Direct impact to back or flank; deceleration forces | Laceration, contusion, or avulsion; may require nephrectomy; permanent renal function impairment |
| Lungs | Chest compression; rib fractures penetrating lung tissue | Contusion, pneumothorax (collapsed lung), hemothorax (blood in chest cavity); respiratory failure |
| Heart | Severe chest trauma; deceleration injuries | Contusion, tamponade, rupture; often immediately fatal |
| Bowel/Intestines | Seatbelt compression; direct abdominal trauma | Perforation, mesenteric tears, internal bleeding; peritonitis, sepsis if not promptly treated |
| Bladder | Pelvic fracture; direct trauma | Rupture, urinary extravasation; infection, renal damage |
| Blood Vessels | Shearing forces from deceleration; direct trauma | Aortic dissection or rupture (often fatal); major vessel lacerations causing rapid exsanguination |
Why Internal Injuries Are Particularly Dangerous:
- Delayed symptoms: Adrenaline and shock mask pain; symptoms may not appear for hours
- Rapid deterioration: Internal bleeding can cause death within minutes to hours
- Diagnostic challenges: Requires CT scans, ultrasound, or exploratory surgery to identify
- Multiple organ involvement: Polytrauma common in high-energy collisions
- Surgical emergencies: Often require immediate operative intervention
- Long-term consequences: Organ loss, chronic disease, reduced life expectancy
6. Wrongful Death: When Trucks Take Lives
When an 18-wheeler accident kills a loved one, the legal system allows surviving family members to pursue justice through a wrongful death claim. No amount of money can replace a life, but holding the responsible parties accountable can provide financial security for the future and a measure of closure for grieving families.
Who Can Bring a Wrongful Death Claim in Colorado:
Colorado law (C.R.S. § 13-21-201) specifies who may file:
| Priority | Eligible Parties | Time Limitation |
|---|---|---|
| First | Surviving spouse | If spouse files, children cannot file separate action |
| Second | Surviving children (if no spouse) | Includes adult children |
| Third | Surviving parents (if no spouse or children) | Must show financial loss from death |
| Fourth | Designated beneficiary (if no spouse, children, or parents) | Must be designated in writing |
Types of Claims Available:
| Claim Type | Purpose | Damages Available |
|---|---|---|
| Wrongful Death Action | Compensation for survivors’ losses | Economic and non-economic damages for family members |
| Survival Action | Compensation for decedent’s suffering | Medical expenses, pain and suffering before death, lost wages |
Damages Available in Colorado Wrongful Death Cases:
| Category | Specific Damages |
|---|---|
| Economic Damages | Lost future income and benefits; loss of services (childcare, household); funeral and burial expenses; medical expenses before death |
| Non-Economic Damages | Loss of companionship and consortium; grief and emotional distress; loss of parental guidance (for children); pain and suffering of survivors |
| Punitive Damages | Available in Colorado for “willful and wanton conduct”—when trucking company showed reckless disregard for safety |
Colorado’s Damage Cap:
Colorado imposes a cap on non-economic damages in wrongful death cases. As of 2024, the cap is approximately $642,000 (adjusted annually for inflation). However, this cap does NOT apply to:
- Economic damages (lost income, medical expenses)
- Punitive damages
- Cases involving “felonious killing” (intentional or reckless conduct)
Why Wrongful Death Trucking Cases Are Complex:
- Multiple liable parties: Driver, trucking company, cargo owner, maintenance company, and others may all share liability
- Federal regulations: FMCSA violations may establish negligence per se
- Corporate structures: Parent companies, subsidiaries, and independent contractors complicate liability
- Insurance stacking: Multiple policies may provide coverage
- Economic projections: Calculating lifetime lost income requires expert analysis
- Emotional damages: Quantifying grief and loss of companionship requires sensitive presentation
Our Wrongful Death Experience:
We’ve recovered $1.9 million to $9.5 million for families who lost loved ones in trucking accidents. These cases are never about the money—they’re about accountability, about ensuring other families don’t suffer the same loss, and about securing the financial stability that allows grieving families to focus on healing rather than economic survival.
As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” That’s how we treat every wrongful death case—with the compassion of family and the tenacity of fighters who know what’s at stake.
Colorado Law: Your Rights and Time Limits
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.
Critical Deadlines:
| Claim Type | Deadline | Consequence of Missing |
|---|---|---|
| Personal Injury | 2 years from accident | Lose right to sue forever |
| Wrongful Death | 2 years from death | Lose right to sue forever |
| Property Damage | 3 years from accident | Lose right to recover |
| Claims Against Government | 180 days notice required | Special procedures apply |
Why You Should Never Wait:
Two years sounds like a long time. It isn’t. Critical evidence in trucking cases disappears within days or weeks:
- Black box data overwrites in 30 days
- ELD records may be purged after 6 months
- Dashcam footage deletes automatically
- Witness memories fade
- Physical evidence is repaired or destroyed
The trucking company has lawyers working right now to protect their interests. Every day you wait, they build their defense while your evidence disappears.
Comparative Negligence: Colorado’s 50% Bar Rule
Colorado follows a “modified comparative negligence” system with a 50% bar. This means:
- You can recover damages if you are 50% or less at fault for the accident
- Your recovery is reduced by your percentage of fault
- If you are more than 50% at fault, you recover nothing
Example: If you are found 30% at fault and your damages are $1 million, you recover $700,000 (reduced by 30%). If you are found 51% at fault, you recover $0.
How This Affects Your Case:
Trucking companies and their insurers will try to shift blame to you. Common arguments:
- You were speeding (even if the truck was speeding more)
- You changed lanes unsafely (even if the truck was in your blind spot)
- You failed to yield (even if the truck ran a red light)
- You were distracted (even if the truck driver was on the phone)
Our job is to gather objective evidence—ECM data, ELD records, dashcam footage, witness statements—that proves what really happened. We don’t let trucking companies shift blame to avoid responsibility.
Damage Caps: Colorado’s Limitations
Colorado imposes caps on certain types of damages in personal injury cases:
| Damage Type | Cap | Notes |
|---|---|---|
| Non-Economic Damages (Pain & Suffering) | $642,000 (2024, adjusted annually) | Does not apply to wrongful death from felonious killing |
| Punitive Damages | Equal to compensatory damages | Requires clear and convincing evidence of willful and wanton conduct |
| Economic Damages | No cap | Medical expenses, lost wages, property damage fully recoverable |
Important Exceptions:
The non-economic damages cap does NOT apply to:
- Wrongful death cases involving “felonious killing” (intentional or reckless conduct)
- Cases where the defendant acted with fraud, malice, or willful and wanton conduct
Punitive damages are available in Colorado when the trucking company’s conduct was particularly egregious—knowingly putting dangerous drivers on the road, systematically violating safety regulations, or destroying evidence after an accident.
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 | Typical Summit County Application |
|---|---|---|
| Non-Hazardous Freight (10,001+ lbs GVWR) | $750,000 | General freight, retail goods, most common coverage |
| Oil/Petroleum (10,001+ lbs GVWR) | $1,000,000 | Fuel tankers, oil field equipment, energy sector freight |
| Large Equipment (10,001+ lbs GVWR) | $1,000,000 | Construction equipment, machinery, oversized loads |
| Hazardous Materials (All) | $5,000,000 | Chemical tankers, radioactive materials, explosives |
Reality Check: Most major carriers carry $1-5 million in coverage, and many have excess/umbrella policies providing additional protection. This is 10-50 times the coverage of a typical personal auto policy.
Types of Damages Recoverable
Economic Damages (Calculable Losses):
| Category | What’s Included | How We Prove It |
|---|---|---|
| Medical Expenses | Past, present, and future medical costs | Medical records, bills, expert testimony on future care needs |
| Lost Wages | Income lost due to injury and recovery | Pay stubs, tax returns, employer testimony |
| Lost Earning Capacity | Reduction in future earning ability | Vocational experts, economic analysis, career trajectory evidence |
| Property Damage | Vehicle repair or replacement | Repair estimates, replacement cost, diminished value |
| Out-of-Pocket Expenses | Transportation, home modifications, medical equipment | Receipts, invoices, expert recommendations |
| Life Care Costs | Ongoing care for catastrophic injuries | Life care planners, medical experts, economic projections |
Non-Economic Damages (Quality of Life):
| Category | What’s Included | How We Maximize Recovery |
|---|---|---|
| Pain and Suffering | Physical pain from injuries | Medical documentation, pain journals, expert testimony on pain management |
| Mental Anguish | Psychological trauma, anxiety, depression | Psychiatric evaluation, therapy records, testimony on emotional impact |
| Loss of Enjoyment | Inability to participate in activities | Pre-injury vs. post-injury activity comparison, family testimony |
| Disfigurement | Scarring, visible injuries | Photographic documentation, plastic surgeon testimony |
| Loss of Consortium | Impact on marriage/family relationships | Spouse testimony, evidence of relationship changes |
| Physical Impairment | Reduced physical capabilities | Functional capacity evaluations, occupational therapy assessments |
Punitive Damages (Punishment for Gross Negligence):
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence: Conscious disregard for known safety risks
- Willful misconduct: Intentional violation of safety regulations
- Reckless disregard: Extreme indifference to human life
- Fraud: Falsifying logs, destroying evidence, covering up violations
Colorado caps punitive damages at the amount of compensatory damages (1:1 ratio), but this still provides substantial additional recovery in egregious cases.
Nuclear Verdicts: What Juries Award When Trucking Companies Are Held Accountable
The trucking industry is experiencing unprecedented jury verdicts. The average award now exceeds $27 million, with “nuclear verdicts”—those over $10 million—becoming increasingly common. These verdicts demonstrate what happens when juries hold trucking companies fully accountable for negligence.
Recent Major Trucking Verdicts (2024-2025)
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $462 Million | 2024 | St. Louis, MO | Wabash National—two fatalities in underride collision; $100M compensatory + $362M punitive |
| $160 Million | 2024 | Alabama | Daimler—quadriplegic injury from rollover due to defective design |
| $141.5 Million | 2024 | Florida | Defunct carrier crash—negligent hiring of driver with known safety violations |
| $90 Million | 2023 | Houston, TX | Truck driver burned in explosion—failure to maintain safe equipment |
| $37.5 Million | 2024 | Texas | Trucking verdict—fatigue-related crash with multiple fatalities |
| $35.5 Million | 2023 | Texas | Family injured in truck accident—systematic safety violations |
| $35 Million | 2025 | Fort Worth, TX | Largest in Tarrant County history—negligent supervision |
Historic Landmark Verdicts
| Amount | Year | Case Details |
|---|---|---|
| $1 Billion | 2021 | Florida—18-year-old killed; $100M compensatory + $900M punitive for negligent hiring; trucking company knew driver was dangerous |
| $411 Million | 2020 | Florida—45-vehicle pileup; motorcyclist severely injured; trucking company falsified maintenance records |
Why Nuclear Verdicts Happen
Juries award massive verdicts when they find:
- Knowing endangerment: Trucking company knowingly hired dangerous drivers or put unsafe vehicles on the road
- Profit over safety: Company ignored safety violations to maximize profits
- Evidence destruction: Spoliation of black box data, maintenance records, or other evidence
- Falsified records: Fake log books, altered maintenance records, or other fraud
- Pattern of violations: History of similar incidents showing systemic safety failures
- Corporate culture: Evidence that safety was systematically deprioritized
- Egregious disregard for human life: Conduct showing extreme indifference to safety
What This Means for Your Summit County Case
These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages—which strengthens settlement negotiations. Even when cases settle (as most do), the threat of nuclear verdict drives higher settlements.
Our firm’s experience with multi-million dollar cases—including the $10 million University of hazing lawsuit currently in litigation—demonstrates our capacity to handle high-stakes litigation against well-funded defendants. When we take your trucking accident case, we prepare it for the possibility of a nuclear verdict—because that’s how you maximize settlement value.
Your Immediate Action Plan: Protecting Your Case from Day One
If you’ve been in an 18-wheeler accident in Summit County, what you do in the first 48 hours can determine whether you recover full compensation or watch the trucking company escape accountability.
Step 1: Secure Medical Care (Immediate)
Your health comes first. Even if you feel “okay,” seek immediate evaluation at:
- St. Anthony Summit Medical Center (Frisco): Level III trauma center, closest to most Summit County accidents
- Vail Health Hospital (Vail): Level III trauma center, western Summit County
- Swedish Medical Center (Englewood): Level I trauma center, air transport available for severe injuries
Critical: Some injuries—internal bleeding, traumatic brain injury, spinal cord damage—may not show symptoms for hours or days. Adrenaline masks pain. Only medical evaluation can identify these “silent killers.”
Step 2: Document Everything (At Scene, If Able)
If your injuries permit, gather evidence before vehicles are moved:
- Photograph everything: All vehicles, damage, road conditions, weather, traffic signals, skid marks, debris field
- Record information: Truck driver’s name, CDL number, employer, DOT number, insurance; witness names and contact information
- Note conditions: Weather, road surface, visibility, traffic, any unusual circumstances
If you cannot document due to injuries, ask a family member to return to the scene, or contact us immediately—we’ll dispatch an investigator.
Step 3: Report to Authorities (Required)
Colorado law requires reporting accidents involving:
- Injury or death
- Property damage exceeding $1,000
- Any commercial vehicle
The investigating agency (Colorado State Patrol for I-70 accidents, local police for municipal roads) will create an accident report. Obtain a copy—it’s critical evidence.
Step 4: Preserve Evidence (Critical 48-Hour Window)
This is where most victims lose their cases. Critical evidence begins disappearing immediately:
| Evidence | Destruction Timeline | Our Action |
|---|---|---|
| ECM/Black box data | 30 days or next driving event | Spoliation letter within 24 hours |
| ELD logs | 6 months retention required | Immediate demand for preservation |
| Dashcam footage | 7-14 days typical deletion | Emergency preservation notice |
| Driver Qualification File | 3 years after employment | Subpoena immediately |
| Maintenance records | 1 year minimum | Demand complete history |
| Physical truck | Repair or sale possible | Inspection and hold notice |
Our 24-48 Hour Response:
When you call Attorney911, we immediately:
- Send spoliation letters to all potentially liable parties demanding evidence preservation
- Deploy investigators to photograph vehicles and scene before evidence is lost
- Subpoena records from trucking company, driver, and maintenance providers
- Retain experts for accident reconstruction and mechanical analysis
- Notify insurers of claim and demand preservation of all coverage
Step 5: Contact Attorney911 Before Talking to Insurance
The trucking company’s insurer will contact you quickly—often within 24 hours. Their goal is simple: get you to accept a low settlement before you understand your injuries or your rights.
What Insurance Adjusters Do:
- Request recorded statements (to use against you)
- Offer quick “goodwill” settlements (far below case value)
- Request medical authorizations (to dig up pre-existing conditions)
- Suggest you don’t need a lawyer (to prevent fair recovery)
- Delay processing to pressure financial distress
Our Rule: Never Give Recorded Statements Without Counsel
Anything you say to an insurance adjuster can and will be used to minimize your claim. Let us handle all communications. Our associate attorney Lupe Peña spent years working for insurance companies—he knows every tactic they’ll use, and he knows how to counter them.
Frequently Asked Questions: Summit County 18-Wheeler Accidents
Immediate After-Accident Questions
What should I do immediately after an 18-wheeler accident in Summit County?
If you’re able, call 911 immediately. Seek medical attention even if injuries seem minor—adrenaline masks pain, and some injuries aren’t immediately apparent. Document everything: photograph all vehicles, damage, road conditions, and get contact information from witnesses and the truck driver. Get the trucking company name, DOT number, and driver information. Do NOT give recorded statements to any insurance company. Then call Attorney911 at 1-888-ATTY-911 immediately.
Should I go to the hospital after a truck accident even if I feel okay?
Absolutely yes. Summit County’s altitude and remote location make prompt medical evaluation critical. St. Anthony Summit Medical Center in Frisco is equipped for trauma, and severe cases may require air transport to Swedish Medical Center in Englewood. Internal injuries, traumatic brain injury, and spinal damage may not show symptoms for hours. Delaying treatment also gives insurance companies ammunition to claim your injuries weren’t caused by the accident.
What information should I collect at the truck accident scene?
Document everything possible: truck and trailer license plates; DOT number on the truck door; trucking company name and logo; driver’s name, CDL number, and contact information; photos of all vehicle damage from multiple angles; photos of the accident scene including road conditions, skid marks, traffic signals, and weather conditions; photos of your injuries; names and contact information of all witnesses; responding officer’s name and badge number; and any statements the truck driver makes.
Should I talk to the trucking company’s insurance adjuster?
Never. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. They’re trained to get you to say things that minimize your claim. Our associate attorney Lupe Peña used to work for insurance companies—he knows exactly how adjusters are trained to protect the trucking company’s interests. Let us handle all communications with insurance companies.
How quickly should I contact an 18-wheeler accident attorney in Summit County?
Immediately—within 24-48 hours if possible. Critical evidence in trucking cases disappears quickly. Black box data can be overwritten in 30 days. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company is already building their defense. You need someone who moves just as fast. When you call Attorney911 at 1-888-ATTY-911, we answer 24/7 and begin immediate evidence preservation.
Trucking Company and Driver Questions
Who can I sue after an 18-wheeler accident in Summit 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); and government entities (for road defects). We investigate every possible defendant to maximize your recovery. Most firms only sue the driver and trucking company—we go deeper because more defendants means more insurance coverage.
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 (hiring unqualified drivers), negligent training (inadequate safety training), negligent supervision (failing to monitor driver behavior), and negligent maintenance (poor vehicle upkeep). We pursue every avenue of liability to maximize your recovery.
What if the truck driver says the accident was my fault?
Colorado uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation as long as you were not more than 50% responsible. Your recovery is reduced by your percentage of fault. Our job is to investigate thoroughly, gather evidence—especially ECM and ELD data—and prove what really happened. Drivers often lie to protect their jobs; the data tells the true story.
Evidence 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 shows 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 and has led to multi-million dollar verdicts.
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—and ELD data provides irrefutable proof.
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-month retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything or face severe legal consequences.
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—and we prove those violations with ELD data.
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); and failure to inspect vehicles. Each violation is evidence of negligence that strengthens your case.
Injury and Medical Questions
What injuries are common in 18-wheeler accidents in Summit 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, and wrongful death. Summit County’s mountain terrain and distance from major trauma centers can worsen outcomes due to delayed emergency response.
How much are 18-wheeler accident cases worth in Summit 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; and insurance coverage available. Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions, and we’ve recovered multi-million dollar settlements for Summit County-area clients.
What if my loved one was killed in a trucking accident in Summit County?
Colorado allows wrongful death claims by surviving family members. You may recover lost future income, loss of companionship and guidance, mental anguish, funeral expenses, and punitive damages if gross negligence is proven. Time limits apply—contact us immediately to protect your rights. We handle these cases with the compassion and dedication that grieving families deserve.
Legal Process Questions
How long do I have to file an 18-wheeler accident lawsuit in Summit County?
The statute of limitations in Colorado is two years from the date of your trucking accident. For wrongful death, it’s two years from the date of death. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
How long do trucking accident cases take to resolve?
Timelines vary: simple cases with clear liability may resolve in 6-12 months; complex cases with multiple parties often take 1-3 years; cases that go to trial may take 2-4 years. We work to resolve cases as quickly as possible while maximizing your recovery. Our preparation for trial often leads to faster, better settlements.
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. Ralph Manginello’s 25 years of courtroom experience and federal court admission mean we’re ready for any courtroom in Colorado or beyond.
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. Our standard contingency fee is 33.33% if settled before trial, 40% if trial is necessary.
Insurance Questions
How much insurance do trucking companies carry?
Federal law requires minimum liability coverage of $750,000 for non-hazardous freight, $1,000,000 for oil and large equipment, and $5,000,000 for hazardous materials. Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated, unlike typical car accidents where insurance may be limited to $30,000-$100,000.
What if multiple insurance policies apply to my accident?
Trucking cases often involve multiple policies: the motor carrier’s liability policy; trailer interchange coverage; cargo insurance; the owner-operator’s policy; and excess/umbrella coverage. We identify all available coverage to maximize your recovery. Our investigation often reveals insurance that trucking companies don’t voluntarily disclose.
Will the trucking company’s insurance try to settle quickly?
Often yes—and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first. As client Donald Wilcox learned, “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.” We take the cases other firms reject—and we win.
Why Choose Attorney911 for Your Summit County Trucking Accident Case
Ralph Manginello: 25 Years Fighting for Victims
Ralph Manginello has represented injury victims since 1998. With over 25 years of courtroom experience, federal court admission to the U.S. District Court for the Southern District of Texas, and a track record of multi-million dollar verdicts and settlements, he brings unmatched expertise to your case.
Ralph’s experience includes litigation against Fortune 500 corporations in the BP Texas City refinery explosion—one of the few Texas firms involved in that $2.1 billion disaster. He knows how to take on well-funded corporate defendants and win.
Lupe Peña: The Insurance Defense Advantage
Our associate attorney Lupe Peña spent years working at a national insurance defense firm before joining Attorney911. He knows exactly how large insurance companies evaluate, minimize, and deny trucking accident claims—because he used to do it.
Now he uses that insider knowledge to fight FOR accident victims. He recognizes insurance company manipulation tactics immediately. He knows when they’re bluffing and when they’ll pay. He understands their claims valuation software and how to counter it.
This is your unfair advantage. When the trucking company’s insurer sees that Attorney911 is on the case—knowing we have someone who used to work for them—they know we can’t be pushed around.
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 with medical complications) | $3.8+ million |
| Maritime Back Injury (Jones Act) | $2+ million |
| Commercial Truck Crash | $2.5+ million |
| Multiple Wrongful Death Cases | Millions recovered |
| BP Texas City Explosion (industrial disaster) | Part of $2.1B+ total |
| University of Houston Hazing (active litigation) | $10 million lawsuit filed |
Total recoveries exceed $50 million for our clients.
Client-Focused Service
Our 4.9-star Google rating with 251+ reviews reflects our commitment to treating clients like family, not case numbers. As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
We provide:
- 24/7 availability for emergencies
- Direct attorney access—not just paralegals
- Spanish-language services through Lupe Peña
- Regular case updates every 2-3 weeks
- Contingency fee representation—no fee unless we win
Geographic Reach
With offices in Houston, Austin, and Beaumont, we serve trucking accident victims throughout Texas and beyond. Our federal court admission allows us to handle interstate trucking cases nationwide. For Summit County clients, we offer remote consultations and travel to Colorado for your case as needed.
Hablamos Español: Serving Summit County’s Hispanic Community
Summit County’s workforce includes many Spanish-speaking residents in hospitality, construction, and transportation. If you or a loved one speaks Spanish as your primary language, we provide direct representation without interpreters.
Lupe Peña, our associate attorney, is fluent in Spanish and provides:
- Direct consultation in Spanish—no interpreters needed
- All documents translated and explained
- Court proceedings with Spanish support
- Cultural understanding of your concerns
Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.
Call Attorney911 Now: Your Fight Starts with One Call
Every hour you wait, evidence in your Summit County trucking accident case disappears. 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?
Call Attorney911 now at 1-888-ATTY-911.
- Free consultation
- No fee unless we win
- 24/7 availability
- Immediate evidence preservation
- 25+ years of trucking accident experience
- Former insurance defense attorney on your side
- Multi-million dollar track record
Ralph Manginello has made trucking companies pay—millions of times over. Your turn.
1-888-ATTY-911
Attorney911. Because trucking companies shouldn’t get away with it.
