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

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

The truck came out of nowhere. One moment you were driving through Yuma County on your way to work, visiting family, or just living your life. The next, an 80,000-pound commercial truck slammed into your vehicle. The physics weren’t fair. The injuries are catastrophic. And now you’re facing medical bills, lost income, and a future that looks nothing like what you planned.

At Attorney911, we’ve spent over 25 years fighting for trucking accident victims across Colorado and beyond. Ralph Manginello, our managing partner since 1998, has recovered multi-million dollar settlements for families devastated by 18-wheeler crashes. Our associate attorney Lupe Peña spent years working for insurance companies before joining our team—now he uses that insider knowledge to fight against them. That’s your advantage.

If you’ve been hurt in a trucking accident anywhere in Yuma County, you need more than a lawyer. You need a fighter who understands federal trucking regulations, knows how to preserve critical evidence, and has the resources to take on the largest trucking companies in America. Call us now at 1-888-ATTY-911. The consultation is free. You pay nothing unless we win.

Why 18-Wheeler Accidents in Yuma County Are Different

The Geography of Danger

Yuma County sits in the heart of Colorado’s Eastern Plains, where Interstate 70 and U.S. Highway 59 serve as critical freight corridors connecting Denver to Kansas and beyond. These aren’t just local roads—they’re arteries of American commerce, carrying everything from agricultural products to manufactured goods across the country.

The flat, open terrain of Yuma County creates unique dangers for trucking accidents:

High winds sweep across the plains with little obstruction, creating dangerous crosswinds that can push high-profile trailers off course
Severe weather arrives suddenly and with little warning—blizzards, ice storms, and tornadoes can transform safe roads into death traps in minutes
Long, straight stretches encourage highway hypnosis and fatigue, especially for drivers pushing federal hours-of-service limits
Limited services mean drivers may skip required rest breaks or push through fatigue to reach the next truck stop

The Eisenhower Tunnel and mountain passes west of Yuma County create additional complications. Trucks that overheat or experience brake fade on the steep grades may enter Yuma County at unsafe speeds, unable to stop for traffic or intersections.

The Industries That Drive Truck Traffic

Yuma County’s economy generates significant commercial truck traffic that increases accident risk:

Agriculture: The county’s wheat, corn, and cattle operations require constant trucking—grain haulers during harvest season, livestock transport year-round. These trucks often operate on rural roads with limited visibility and emergency services.

Energy: Oil and gas development in the Denver-Julesburg Basin sends heavy equipment and tanker trucks through Yuma County. These vehicles are often oversized, overweight, and operated by drivers unfamiliar with local roads.

Distribution: Yuma County’s location on I-70 makes it a natural corridor for freight moving between Denver and Kansas City. Distribution centers in nearby counties generate significant through-traffic that doesn’t belong on local roads.

Why Local Knowledge Matters

When you’re hurt in a Yuma County trucking accident, you need an attorney who understands these local factors—not just a lawyer with a Colorado bar license who treats your case like any other file.

At Attorney911, we know:

Which stretches of I-70 and Highway 59 are most dangerous for trucks
How sudden weather changes affect liability in Colorado courts
The local hospitals and trauma centers where Yuma County accident victims receive care
The courts and judges who handle trucking cases in this jurisdiction
The trucking companies and insurance carriers that operate most frequently in this region

This local knowledge, combined with our 25+ years of federal trucking litigation experience, gives our clients an advantage that out-of-state firms or general practice attorneys simply cannot match.

The 10 Potentially Liable Parties in Your Yuma County Trucking Accident

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

1. The Truck Driver

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

Speeding or reckless driving
Distracted driving (cell phone, texting, dispatch communications)
Fatigued driving beyond federal 11-hour limits
Impaired driving (drugs, alcohol)
Failure to conduct proper pre-trip inspections
Violation of traffic laws
Failure to yield, improper lane changes, running red lights

We pursue the driver’s personal assets and insurance when available.

2. The Trucking Company / Motor Carrier

This is often your primary recovery source. Under the doctrine of respondeat superior—”let the master answer”—employers are responsible for employees’ negligent acts within the scope of employment.

Beyond vicarious liability, trucking companies face direct negligence claims:

Negligent hiring: Failed to check driver’s background, driving record, or qualifications
Negligent training: Inadequate safety training on cargo securement, hours of service, weather conditions
Negligent supervision: Failed to monitor driver performance, ELD compliance, or CSA scores
Negligent maintenance: Failed to maintain vehicle in safe condition despite known defects
Negligent scheduling: Pressured drivers to violate HOS regulations to meet delivery deadlines

Trucking companies carry $750,000 to $5 million in federal minimum insurance—often the deepest pockets in your case.

3. The Cargo Owner / Shipper

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

Provided improper loading instructions
Failed to disclose hazardous nature of cargo
Required overweight loading beyond safe limits
Pressured carrier to expedite beyond safe driving limits
Misrepresented cargo weight or characteristics

Yuma County’s agricultural and energy industries generate significant cargo-related liability. Grain elevators, oil companies, and manufacturers often control loading specifications.

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
Unbalanced load distribution causing rollover risk
Exceeding vehicle weight ratings
Failure to use proper blocking, bracing, or friction mats
Inadequate tiedown equipment or worn securement devices
Failure to train loaders on federal securement requirements

We investigate whether independent loading companies or shipper employees performed the loading.

5. The Truck and Trailer Manufacturer

The company that manufactured the truck, trailer, or major components 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)

Product liability claims against manufacturers can yield significant recoveries and force industry-wide safety improvements.

6. The Parts Manufacturer

Companies that manufactured specific components may be liable for:

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

We preserve failed components for expert analysis and defect investigation.

7. The Maintenance Company

Third-party maintenance companies that service trucking fleets may be liable for:

Negligent repairs that failed to fix identified problems
Failure to identify critical safety issues during inspection
Improper brake adjustments
Use of substandard or incorrect parts
Returning vehicles to service with known defects

Maintenance records often reveal patterns of deferred repairs and cost-cutting that prove corporate negligence.

8. The Freight Broker

Freight brokers who arrange transportation without owning trucks may be liable for negligent carrier selection:

Selecting carrier with poor safety record or high CSA scores
Failure to verify carrier insurance and operating authority
Selecting cheapest carrier despite known safety concerns
Failure to check carrier’s accident and violation history

Brokers have a duty to select safe carriers—ignoring red flags to save money creates liability.

9. The Truck Owner (If Different from Carrier)

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

Negligent entrustment of vehicle to unqualified driver
Failure to maintain owned equipment despite known defects
Knowledge of driver’s unfitness or poor safety record

We investigate all ownership structures to identify every potentially liable party.

10. Government Entities

Federal, state, or local government may be liable when:

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

Government claims face sovereign immunity limits and strict notice requirements—often just 180 days to file a claim in Colorado.

Why Multiple Defendants Matter: The Insurance Stacking Advantage

Every liable party brings their own insurance coverage to your case. When we identify multiple defendants, we can potentially “stack” insurance policies to maximize your recovery:

Defendant	Typical Insurance Coverage
Trucking Company	$750,000 – $5,000,000
Driver (personal)	$100,000 – $500,000
Cargo Shipper	$1,000,000 – $5,000,000
Loading Company	$500,000 – $2,000,000
Manufacturer	$5,000,000 – $25,000,000
Maintenance Company	$500,000 – $2,000,000
Freight Broker	$1,000,000 – $5,000,000

Most firms stop at the trucking company. We dig deeper—because your recovery depends on it.

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

If you’ve been hurt in a Yuma County trucking accident, the clock started ticking against you the moment the collision occurred. Trucking companies have rapid-response teams that begin protecting their interests within hours—sometimes before the ambulance even leaves the scene. If you don’t act immediately, critical evidence will be lost forever.

Critical Evidence Destruction Timelines

Evidence Type	Destruction Risk	Why It Matters
ECM/Black Box Data	30 days or less	Records speed, braking, throttle position, fault codes
ELD Data	6 months retention required, often deleted sooner	Proves hours-of-service violations, driver fatigue
Dashcam Footage	7-14 days	Shows driver’s behavior, road conditions, collision
Surveillance Video	7-30 days	Business cameras overwrite automatically
Witness Memory	Weeks to months	Details fade, stories change
Physical Evidence	Days to weeks	Vehicles repaired, sold, or scrapped
Drug/Alcohol Tests	Specific windows	Must be conducted promptly, results time-limited

The Spoliation Letter: Your Legal Shield Against Evidence Destruction

A spoliation letter is a formal legal notice we send to the trucking company, their insurer, and all potentially liable parties within 24-48 hours of being retained. This letter:

Puts defendants on legal notice of their obligation to preserve evidence
Creates serious legal consequences if evidence is destroyed after notice
Allows courts to impose sanctions, adverse inferences, or even default judgment for spoliation
Extends retention requirements beyond normal FMCSA minimums once litigation is anticipated

What Our Spoliation Letter Demands

We demand preservation of:

Electronic Data:

ECM/Black Box/EDR data
ELD records and GPS tracking
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 background check
Medical certification and exam records
Drug and alcohol test results
Training records and certifications
Previous accident and violation history

Vehicle Records:

Maintenance and repair records
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 and coverage details
Safety policies and training curricula
Hiring and supervision procedures

Physical Evidence:

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

Why This Matters for Your Yuma County Case

The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. Their rapid-response team may already be at the scene collecting evidence to protect them—not you.

What are you doing?

Every hour you wait, evidence disappears. Every day you delay, the trucking company builds a stronger defense. The 48-hour window isn’t marketing—it’s physics and federal law colliding with corporate self-preservation.

Call Attorney911 now at 1-888-ATTY-911. We’ll send a spoliation letter today. We’ll preserve the evidence that wins cases. And we’ll start building the fight that gets you the compensation you deserve.

FMCSA Regulations: The Federal Rules That Prove Negligence

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

The Six Critical Parts of FMCSA Regulations

Part	Title	What It Covers	Why It Matters for Your Case
Part 390	General Applicability	Who must comply, definitions, scope	Establishes the trucking company was subject to federal safety rules
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 negligence in operation
Part 393	Vehicle Safety	Equipment, cargo securement, brakes, lights	Establishes equipment failures and maintenance neglect
Part 395	Hours of Service	How long drivers can drive, required rest	Proves fatigue and scheduling pressure
Part 396	Inspection & Maintenance	Vehicle upkeep, inspections, records	Shows systematic safety violations

Part 390: General Applicability and Definitions

49 CFR § 390.3 establishes that FMCSA rules apply to all employers, employees, and commercial motor vehicles transporting property or passengers in interstate commerce.

Key definitions that matter for your case:

Term	Definition	Legal Significance
Commercial Motor Vehicle (CMV)	Vehicle with GVWR 10,001+ lbs, designed for 16+ passengers, or transporting hazardous materials	Determines if federal regulations apply
Motor Carrier	Person or company operating CMVs in interstate commerce	Establishes who is subject to safety rules
Interstate Commerce	Trade, traffic, or transportation crossing state lines	Triggers federal jurisdiction and higher insurance requirements

Part 391: Driver Qualification Standards

49 CFR § 391.11 establishes minimum qualifications for commercial drivers. A person cannot drive a CMV unless they:

Are at least 21 years old (interstate) or 18 years old (intrastate)
Can read and speak English sufficiently
Can safely operate the CMV and cargo type
Are physically qualified under § 391.41
Have a valid commercial driver’s license (CDL)
Have completed a driver’s road test or equivalent
Are not disqualified under § 391.15 (violations, suspensions)
Have completed required entry-level driver training

Driver Qualification File Requirements (49 CFR § 391.51):

Motor carriers MUST maintain a DQ File for every driver containing:

Document	What It Proves
Employment Application	Whether background was checked
Motor Vehicle Record	Driver’s history of violations
Road Test Certificate	Whether driver was properly tested
Medical Examiner’s Certificate	Physical fitness to drive
Annual Driving Record Review	Ongoing monitoring of driver safety
Previous Employer Inquiries	3-year driving history investigation
Drug & Alcohol Test Records	Pre-employment and random testing

Why This Matters for Your Yuma County Case:

If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.

Part 392: Driving of Commercial Motor Vehicles

49 CFR § 392.3 – Ill or Fatigued Operators:

“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

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

49 CFR § 392.4 – Drugs and Other Substances:

A driver shall not be on duty or operate a CMV while:

Under the influence of any Schedule I substance
Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
Possessing a Schedule I substance (unless prescription)

49 CFR § 392.5 – Alcohol:

A driver shall not:

Use alcohol within 4 hours before going on duty or operating a CMV
Use alcohol while on duty or operating a CMV
Be under the influence of alcohol (.04 BAC or higher) while on duty
Possess any alcohol while on duty (with limited exceptions)

49 CFR § 392.6 – Speeding:

“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

49 CFR § 392.11 – Following Too Closely:

“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”

49 CFR § 392.82 – Mobile Phone Use:

Drivers are PROHIBITED from:

Using a hand-held mobile telephone while driving
Reaching for mobile phone in manner requiring leaving seated position
Texting while driving (49 CFR § 392.80)

Part 393: Parts and Accessories for Safe Operation

49 CFR § 393.100-136 – Cargo Securement:

General Requirements (§ 393.100):
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 (§ 393.102):
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

Tiedown Requirements:

Aggregate working load limit must be at least 50% of cargo weight for loose cargo
At least one tiedown for cargo 5 feet or less in length
At least two tiedowns for cargo over 5 feet or under 1,100 lbs
Additional tiedowns for every 10 feet of cargo length

49 CFR § 393.40-55 – Brakes:

All CMVs must have properly functioning brake systems:

Service brakes on all wheels
Parking/emergency brake system
Air brake systems must meet specific requirements
Brake adjustment must be maintained within specifications

49 CFR § 393.11-26 – Lighting:

Required lighting includes:

Headlamps, tail lamps, stop lamps
Clearance and side marker lamps
Reflectors and retroreflective sheeting
Turn signal lamps

Why This Matters for Your Yuma County Case:

Violations of cargo securement cause rollover, jackknife, and spill accidents on I-70 and Highway 59. Brake failures cause rear-end collisions at Yuma County intersections. We investigate every vehicle system when building your case.

Part 395: Hours of Service (HOS) Regulations

THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.

Property-Carrying Drivers (Most 18-Wheelers):

Rule	Requirement	Violation Consequence
11-Hour Driving Limit	Cannot drive more than 11 hours after 10 consecutive hours off duty	Fatigue-related accidents
14-Hour Duty Window	Cannot drive beyond 14th consecutive hour after coming on duty	Driver exhaustion
30-Minute Break	Must take 30-minute break after 8 cumulative hours of driving	Impaired alertness
60/70-Hour Limit	Cannot drive after 60 hours in 7 days or 70 hours in 8 days	Cumulative fatigue
34-Hour Restart	Can restart 60/70-hour clock with 34 consecutive hours off	Inadequate recovery
10-Hour Off-Duty	Must have minimum 10 consecutive hours off duty before driving	Insufficient rest

Sleeper Berth Provision (49 CFR § 395.1(g)):

Drivers using sleeper berth may split 10-hour off-duty period:

At least 7 consecutive hours in sleeper berth
Plus at least 2 consecutive hours off-duty (in berth or otherwise)
Neither period counts against 14-hour window

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

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

Automatically record driving time
Synchronize with vehicle engine to record objective data
Cannot be altered after the fact (unlike paper logs)
Record GPS location, speed, engine hours

Why ELD Data Is Critical Evidence:

ELDs prove:

Exactly how long the driver was on duty
Whether breaks were taken as required
Speed before and during the accident
GPS location history
Any HOS violations

WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.

Part 396: Inspection, Repair, and Maintenance

General Maintenance Requirement (§ 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 CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.

Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare written report on vehicle condition covering at minimum:

Service brakes
Parking brake
Steering mechanism
Lighting devices and reflectors
Tires
Horn
Windshield wipers
Rear vision mirrors
Coupling devices
Wheels and rims
Emergency equipment

Annual Inspection (§ 396.17):

Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.

Maintenance Record Retention (§ 396.3):

Motor carriers must maintain records for each vehicle showing:

Identification (make, serial number, year, tire size)
Schedule for inspection, repair, and maintenance
Record of repairs and maintenance
Records must be retained for 1 year

Why This Matters for Your Yuma County Case:

Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance to save costs on vehicles operating through Yuma County, they are liable for negligence. We subpoena these records in every case.

Catastrophic Injuries: When 80,000 Pounds Hits 4,000 Pounds

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. When you’ve been hurt in a Yuma County trucking accident, you need to understand both the medical reality you’re facing and the legal framework for recovering full compensation.

The Brutal Physics of Truck Crashes

Size and Weight Disparity:

Fully loaded 18-wheeler: Up to 80,000 lbs
Average passenger car: 3,500-4,000 lbs
The truck is 20-25 times heavier than your vehicle

Impact Force:
Force = Mass × Acceleration. An 80,000 lb truck at 65 mph carries approximately 80 times the kinetic energy of a car. This energy transfers catastrophically to the smaller vehicle.

Stopping Distance:

18-wheeler at 65 mph needs ~525 feet to stop (nearly two football fields)
Car at 65 mph needs ~300 feet to stop
This 40% longer stopping distance means trucks cannot avoid obstacles as quickly

Traumatic Brain Injury (TBI)

What It Is:
TBI occurs when sudden trauma causes damage to the brain. In 18-wheeler accidents, extreme forces cause the brain to impact the inside of the skull.

Severity Levels:

Level	Symptoms	Prognosis
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:

Headaches, dizziness, nausea
Memory loss, confusion
Difficulty concentrating
Mood changes, depression, anxiety
Sleep disturbances
Sensory problems (vision, hearing, taste)
Speech difficulties
Personality changes

Long-Term Consequences:

Permanent cognitive impairment
Inability to work
Need for ongoing care and supervision
Increased risk of dementia and Alzheimer’s
Depression and emotional disorders

Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity

At Attorney911, we’ve recovered $1.5 million to $9.8 million for traumatic brain injury victims. As client Glenda Walker told us after her case settled, “They fought for me to get every dime I deserved.”

Spinal Cord Injury

What It Is:
Damage to the spinal cord that 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

Level of Injury Matters:

Higher injuries (cervical spine) affect more body functions
C1-C4 injuries may require ventilator for breathing
Lower injuries (lumbar) affect legs but not arms

Lifetime Care Costs:

Paraplegia (low): $1.1 million+
Paraplegia (high): $2.5 million+
Quadriplegia (low): $3.5 million+
Quadriplegia (high): $5 million+

These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.

Our firm has secured $4.7 million to $25.8 million for spinal cord injury victims. We understand the lifetime of care these injuries require, and we fight to ensure our clients have the resources they need.

Amputation

Types of Amputation:

Traumatic Amputation: Limb severed at the scene due to crash forces
Surgical Amputation: Limb so severely damaged it must be surgically removed

Common in 18-Wheeler Accidents Due To:

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

Ongoing Medical Needs:

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

Impact on Life:

Permanent disability
Career limitations or total disability
Phantom limb pain
Body image and psychological trauma
Need for home modifications
Dependency on others for daily activities

We’ve recovered $1.9 million to $8.6 million for amputation victims. As client Kiimarii Yup shared after his case, “I lost everything… my car was at a total loss, and because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return plus a brand new truck.”

Severe Burns

How Burns Occur in 18-Wheeler Accidents:

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

Burn Classification:

Degree	Depth	Treatment
First	Epidermis only	Minor, heals without scarring
Second	Epidermis and dermis	May scar, may need grafting
Third	Full thickness	Requires skin grafts, permanent scarring
Fourth	Through skin to muscle/bone	Multiple surgeries, amputation may be required

Long-Term Consequences:

Permanent scarring and disfigurement
Multiple reconstructive surgeries
Skin graft procedures
Chronic pain
Infection risks
Psychological trauma

Internal Organ Damage

Common Internal Injuries:

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

Why Dangerous:

May not show immediate symptoms
Internal bleeding can be life-threatening
Requires emergency surgery
Organ removal affects long-term health

Wrongful Death

When a Trucking Accident Kills:

Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.

Who Can Bring a Wrongful Death Claim in Colorado:

Surviving spouse
Children (minor and adult)
Parents (if no spouse or children)
Estate representative

Types of Claims:

Wrongful Death Action: Compensation for survivors’ losses
Survival Action: Compensation for decedent’s pain/suffering before death

Damages Available:

Lost future income and benefits
Loss of consortium (companionship, care, guidance)
Mental anguish and emotional suffering
Funeral and burial expenses
Medical expenses before death
Punitive damages (if gross negligence)

We’ve recovered $1.9 million to $9.5 million for wrongful death cases. We understand that no amount of money can replace your loved one—but holding the responsible parties accountable can provide justice and financial security for your family’s future.

Colorado Law: What Yuma County Trucking Accident Victims Need to Know

Statute of Limitations: The Clock Is Ticking

In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, you also have two years from the date of death.

Critical exceptions and considerations:

Discovery rule: If injuries weren’t immediately apparent, the clock may start when you reasonably should have discovered them
Minors: The statute may be tolled until the injured person reaches age 18
Government claims: If a government entity is liable, you must file a notice of claim within 180 days—much shorter than the general statute

Why you should never wait: Evidence disappears, witnesses forget, and trucking companies build defenses. Contact us immediately to protect your rights.

Comparative Negligence: Colorado’s 50% Bar Rule

Colorado follows modified comparative negligence with a 50% bar. This means:

You can recover damages if you are less than 50% at fault
Your recovery is reduced by your percentage of fault
If you are 50% or more at fault, you recover nothing

Example: If you’re found 30% at fault and your damages are $1 million, you recover $700,000 (reduced by 30%).

This makes proving the truck driver and trucking company’s fault critical. Our investigation focuses on establishing their negligence while protecting you from unfair fault allocation.

Damage Caps: What Colorado Limits

Good news for Yuma County trucking accident victims: Colorado does NOT cap compensatory damages in personal injury cases. Your economic damages (medical bills, lost wages) and non-economic damages (pain and suffering) are fully recoverable.

Punitive damages are capped:

Cap Type	Limit	Notes
Punitive damages	Equal to compensatory damages	Cannot exceed amount of actual damages
Government liability	$150,000 per person / $600,000 per occurrence	If government entity is liable

Punitive damages require proving “fraud, malice, or willful and wanton conduct” by clear and convincing evidence. We pursue punitive damages when trucking companies knowingly put dangerous drivers on the road or destroy evidence.

Colorado’s Trucking Corridors and Local Factors

Yuma County’s location on Colorado’s Eastern Plains creates specific trucking risks that affect liability and case strategy:

I-70 Corridor: The primary east-west freight route through Colorado. Trucks descending from the mountains may enter Yuma County with overheated brakes or excessive speed. The long, straight stretches encourage highway hypnosis and fatigue.

U.S. Highway 59: North-south route connecting Yuma County to Nebraska and Kansas. Agricultural traffic mixes with long-haul freight, creating dangerous speed differentials. Limited shoulder width and rural intersections increase collision risk.

Weather Hazards: Colorado’s sudden weather changes create liability issues. Trucking companies and drivers have a duty to adjust for conditions. Failure to do so—continuing at highway speeds in fog, ice, or high winds—constitutes negligence.

Agricultural Operations: Yuma County’s farming and ranching economy generates seasonal trucking surges. Harvest season brings inexperienced drivers, overloaded trucks, and pressure to move crops quickly—factors that increase accident risk and create multiple liable parties.

The 15 Types of 18-Wheeler Accidents: What Yuma County Victims Face

Every trucking accident is different, but certain patterns emerge based on geography, industry, and regulatory violations. In Yuma County, these accident types present the greatest dangers:

1. Jackknife Accidents

What It Is: The trailer and cab skid in opposite directions, with the trailer folding at an angle like a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.

Why It Happens in Yuma County: Sudden braking on I-70’s long descents, high winds on the plains, and lightly loaded trailers (common in agricultural operations) all increase jackknife risk.

Common Causes:

Sudden or improper braking, especially on wet or icy roads
Speeding, particularly on curves or in adverse conditions
Empty or lightly loaded trailers (more prone to swing)
Improperly loaded or unbalanced cargo
Brake system failures or worn brakes
Driver inexperience with emergency maneuvers
Slippery road surfaces without speed reduction

Evidence We Gather:

Skid mark analysis showing trailer angle
Brake inspection records and maintenance logs
Weather conditions at time of accident
ELD data showing speed before braking
ECM data for brake application timing
Cargo manifest and loading records

FMCSA Violations Often Present:

49 CFR § 393.48 – Brake system malfunction
49 CFR § 393.100 – Improper cargo securement
49 CFR § 392.6 – Speeding for conditions

Injuries: Multiple vehicle involvement often leads to TBI, spinal cord injuries, crushing injuries, and wrongful death.

2. Rollover Accidents

What It Is: An 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight, rollovers are among the most catastrophic trucking accidents.

Why It Happens in Yuma County: The flat terrain creates a false sense of security. Drivers speed on curves, encounter sudden wind gusts, or lose control when cargo shifts on the long, straight stretches of I-70 and Highway 59.

Statistics:

Approximately 50% of rollover crashes result from failure to adjust speed on curves
Rollovers frequently lead to secondary crashes from debris and fuel spills
Often fatal or cause catastrophic injuries to both truck occupants and other vehicles

Common Causes:

Speeding on curves, ramps, or turns
Taking turns too sharply at excessive speed
Improperly secured or unevenly distributed cargo
Liquid cargo “slosh” shifting center of gravity
Overcorrection after tire blowout or lane departure
Driver fatigue causing delayed reaction
Road design defects (inadequate banking on curves)

Evidence We Gather:

ECM data for speed through curve
Cargo manifest and securement documentation
Load distribution records
Driver training records on rollover prevention
Road geometry and signage analysis
Witness statements on truck speed

FMCSA Violations Often Present:

49 CFR § 393.100-136 – Cargo securement violations
49 CFR § 392.6 – Exceeding safe speed
49 CFR § 392.3 – Operating while fatigued

Injuries: Crushed vehicles beneath trailer, multiple vehicle involvement, fuel fires causing severe burns, TBI from impact, spinal cord injuries, and wrongful death.

3. Underride Collisions

What It Is: A smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.

Why It Happens in Yuma County: The long, straight roads encourage drivers to follow closely. When a truck slows suddenly for a rural intersection, animal crossing, or weather hazard, following vehicles have no time to stop—and no warning that the trailer ahead is at deadly height.

Statistics:

Among the most FATAL types of 18-wheeler accidents
Approximately 400-500 underride deaths occur annually in the United States
Rear underride and side underride are both deadly; side underride has no federal guard requirement

Types:

Rear Underride: Vehicle strikes back of trailer, often at intersections or during sudden stops
Side Underride: Vehicle impacts side of trailer during lane changes, turns, or at intersections

Common Causes:

Inadequate or missing underride guards
Worn or damaged rear impact guards
Truck sudden stops without adequate warning
Low visibility conditions (night, fog, rain)
Truck lane changes into blind spots
Wide right turns cutting off traffic
Inadequate rear lighting or reflectors

Evidence We Gather:

Underride guard inspection and maintenance records
Rear lighting compliance documentation
Crash dynamics showing underride depth
Guard installation and certification records
Visibility conditions at accident scene
Post-crash guard deformation analysis

FMCSA/NHTSA Requirements:

49 CFR § 393.86 – Rear impact guards required on trailers manufactured after 1/26/1998
Guards must prevent underride at 30 mph impact
NO FEDERAL REQUIREMENT for side underride guards (advocacy ongoing)

Injuries: Decapitation, severe head and neck trauma, death of all vehicle occupants, traumatic brain injury, spinal cord severance. These accidents are almost always fatal or catastrophic.

4. Rear-End Collisions

What It Is: An 18-wheeler strikes the back of another vehicle or a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.

Why It Happens in Yuma County: The long, straight stretches of I-70 encourage drivers to maintain high speeds with minimal following distance. When traffic slows for construction, weather, or rural intersections, trucks cannot stop in time. Driver fatigue from the monotonous terrain compounds the problem.

Statistics:

18-wheelers require 20-40% more stopping distance than passenger vehicles
A fully loaded truck at 65 mph needs approximately 525 feet to stop (nearly two football fields)
Rear-end collisions are the second most common type of large truck crash

Common Causes:

Following too closely (tailgating)
Driver distraction (cell phone, dispatch communications)
Driver fatigue and delayed reaction
Excessive speed for traffic conditions
Brake failures from poor maintenance
Failure to anticipate traffic slowdowns
Impaired driving (drugs, alcohol)

Evidence We Gather:

ECM data showing following distance and speed
ELD data for driver fatigue analysis
Cell phone records for distraction evidence
Brake inspection and maintenance records
Dashcam footage (if available)
Traffic conditions and speed limits

FMCSA Violations Often Present:

49 CFR § 392.11 – Following too closely
49 CFR § 392.3 – Operating while fatigued
49 CFR § 392.82 – Mobile phone use
49 CFR § 393.48 – Brake system deficiencies

Injuries: Whiplash, spinal cord injuries, TBI from impact, internal organ damage, crushing injuries when vehicle is pushed into other objects, wrongful death.

5. Wide Turn Accidents (“Squeeze Play”)

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

Why It Happens in Yuma County: Rural intersections with limited visibility, tight turns at small-town main streets, and driver inexperience with the wide-swing technique all contribute. Drivers following trucks may not understand the maneuver and try to “beat” the turn.

Why Trucks Make Wide Turns:

18-wheelers need significant space to complete turns
Trailer tracks inside the path of the cab
Drivers must swing wide to avoid curbs, signs, or buildings

Common Causes:

Failure to properly signal turning intention
Inadequate mirror checks before and during turn
Improper turn technique (swinging too early or too wide)
Driver inexperience with trailer tracking
Failure to yield right-of-way when completing turn
Poor intersection design forcing wide turns

Evidence We Gather:

Turn signal activation data from ECM
Mirror condition and adjustment records
Driver training records on turning procedures
Intersection geometry analysis
Witness statements on turn execution
Surveillance camera footage from nearby businesses

FMCSA Violations Often Present:

49 CFR § 392.11 – Unsafe lane changes
49 CFR § 392.2 – Failure to obey traffic signals
State traffic law violations for improper turns

Injuries: Crushing injuries from being caught between truck and curb/building, sideswipe injuries, pedestrian and cyclist fatalities, TBI, amputations.

6. Blind Spot Accidents (“No-Zone”)

What It Is: An 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).

Why It Happens in Yuma County: The flat, open terrain encourages drivers to cruise in a truck’s blind spot without realizing the danger. Sudden lane changes to pass slower vehicles or avoid road debris can be fatal.

The Four No-Zones:

Zone	Location	Danger Level
Front No-Zone	20 feet directly in front of cab	Driver cannot see low vehicles
Rear No-Zone	30 feet behind trailer	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

Statistics:

Right-side blind spot accidents are especially dangerous due to larger blind spot area
Many blind spot accidents occur during lane changes on highways

Common Causes:

Failure to check mirrors before lane changes
Improperly adjusted or damaged mirrors
Inadequate mirror checking during sustained maneuvers
Driver distraction during lane changes
Driver fatigue affecting situational awareness
Failure to use turn signals allowing other drivers to anticipate

Evidence We Gather:

Mirror condition and adjustment at time of crash
Lane change data from ECM/telematics
Turn signal activation records
Driver training on blind spot awareness
Dashcam footage
Witness statements on truck behavior

FMCSA Requirements:

49 CFR § 393.80 – Mirrors must provide clear view to rear on both sides
Proper mirror adjustment is part of driver pre-trip inspection

Injuries: Sideswipe injuries causing vehicle loss of control, rollover of passenger vehicle, crushing injuries, ejection from vehicle, TBI, spinal injuries.

7. Tire Blowout Accidents

What It Is: One or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.

Why It Happens in Yuma County: Extreme temperature variations, heavy agricultural loads, and long highway stretches at sustained speeds all contribute to tire failure. The remote location means drivers may continue operating on damaged tires rather than stopping for service.

Statistics:

18-wheelers have 18 tires, each of which can fail
Steer tire (front) blowouts are especially dangerous—can cause immediate loss of control
“Road gators” (tire debris) cause thousands of accidents annually

Common Causes:

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
Inadequate pre-trip tire inspections

Evidence We Gather:

Tire maintenance and inspection records
Tire age and wear documentation
Tire inflation records and pressure checks
Vehicle weight records (weigh station)
Tire manufacturer and purchase records
Failed tire for defect analysis

FMCSA Requirements:

49 CFR § 393.75 – Tire requirements (tread depth, condition)
49 CFR § 396.13 – Pre-trip inspection must include tire check
Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions

Injuries: Resulting jackknife or rollover causes catastrophic injuries. Tire debris strikes following vehicles causing windshield impacts, loss of control. TBI, facial trauma, wrongful death.

8. Brake Failure Accidents

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

Why It Happens in Yuma County: Mountain descents west of Yuma County overheat brakes. Drivers entering the county may have already compromised their braking systems. The flat terrain then encourages high speeds that overheated brakes cannot manage.

Statistics:

Brake problems are a factor in approximately 29% of large truck crashes
Brake system violations are among the most common FMCSA out-of-service violations
Complete brake failure is often the result of systematic maintenance neglect

Common Causes:

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
Deferred maintenance to save costs

Evidence We Gather:

Brake inspection and maintenance records
Out-of-service inspection history
ECM data showing brake application and effectiveness
Post-crash brake system analysis
Driver vehicle inspection reports (DVIRs)
Mechanic work orders and parts records

FMCSA Requirements:

49 CFR § 393.40-55 – Brake system requirements
49 CFR § 396.3 – Systematic inspection and maintenance
49 CFR § 396.11 – Driver post-trip report of brake condition
Air brake pushrod travel limits specified

Injuries: Severe rear-end collision injuries, multi-vehicle pileups, TBI from high-speed impact, spinal cord injuries, wrongful death, crushing injuries.

9. Cargo Spill/Shift Accidents

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

Why It Happens in Yuma County: Agricultural loads—grain, livestock, equipment—often have unique securement challenges. The pressure to move crops during narrow harvest windows leads to rushed loading and inadequate securement. Energy sector equipment adds heavy, irregular loads that require specialized securement knowledge.

Statistics:

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

Types:

Cargo Shift: Load moves during transit, destabilizing truck
Cargo Spill: Load falls from truck onto roadway
Hazmat Spill: Hazardous materials leak or spill, creating additional dangers

Common Causes:

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
Loose tarps allowing cargo shift

Evidence We Gather:

Cargo securement inspection photos
Bill of lading and cargo manifest
Loading company records
Tiedown specifications and condition
49 CFR 393 compliance documentation
Driver training on cargo securement

FMCSA Requirements:

49 CFR § 393.100-136 – Complete cargo securement standards
Working load limits for tiedowns specified
Specific requirements by cargo type (logs, metal coils, machinery, etc.)

Injuries: Vehicles struck by falling cargo, chain-reaction accidents from spilled loads, hazmat exposure injuries, rollover injuries when cargo shifts.

10. Head-On Collisions

What It Is: An 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Why It Happens in Yuma County: The long, monotonous stretches of I-70 and Highway 59 cause highway hypnosis. Driver fatigue from cross-country hauls combines with the hypnotic effect of flat terrain. A moment of inattention becomes a fatal crossover.

Statistics:

Head-on collisions are among the deadliest accident types
Even at moderate combined speeds, the force is often fatal
Often occur on two-lane highways or from wrong-way entry

Common Causes:

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
Wrong-way entry onto divided highways

Evidence We Gather:

ELD data for HOS compliance and fatigue
ECM data showing lane departure and steering
Cell phone records for distraction
Driver medical records and certification
Drug and alcohol test results
Route and dispatch records

FMCSA Violations Often Present:

49 CFR § 395 – Hours of service violations
49 CFR § 392.3 – Operating while fatigued
49 CFR § 392.4/5 – Drug or alcohol violations
49 CFR § 392.82 – Mobile phone use

Injuries: Catastrophic injuries or death are common. The closing speed combines both vehicles’ velocities. TBI, spinal cord injuries, internal organ damage, amputations, crushing injuries, wrongful death.

11. T-Bone/Intersection Accidents

What It Is: A truck fails to yield or runs a red light, striking another vehicle broadside.

Why It Happens in Yuma County: Rural intersections with limited visibility, long distances between signals, and driver impatience create deadly conditions. Trucks running late may push through yellow lights or roll through stop signs on remote roads.

Common at intersections with:

Obstructed sightlines
Limited traffic control
High-speed approaches
Conflicting right-of-way rules

Injuries: Catastrophic injuries to driver’s side impacts, TBI, spinal injuries, internal organ damage, wrongful death.

12. Sideswipe Accidents

What It Is: A truck changes lanes into an occupied space, striking another vehicle.

Why It Happens in Yuma County: The wide, open roads encourage lane changes without proper checking. Wind gusts can push trucks into adjacent lanes. Driver fatigue reduces mirror-checking frequency.

Often results from:

Blind spot failures
Improper lane change technique
Driver distraction
Wind or weather effects

Injuries: Vehicle loss of control, rollover of passenger vehicle, TBI, spinal injuries.

13. Override Accidents

What It Is: A truck drives over a smaller vehicle in front, often when the truck fails to stop in time.

Why It Happens in Yuma County: The flat terrain allows high speeds with minimal warning of stopped traffic. Driver fatigue from long hauls reduces reaction time. Overheated brakes from mountain descents may fail when needed most.

Similar to rear-end but with vehicle passing under truck.

Injuries: Crushing injuries, decapitation, catastrophic head trauma, wrongful death.

14. Lost Wheel/Detached Trailer

What It Is: A wheel or trailer separates during operation, often striking oncoming vehicles with fatal results.

Why It Happens in Yuma County: Long distances between maintenance facilities, extreme temperature variations, and heavy loads stress components. Deferred maintenance to keep trucks moving creates catastrophic failure risk.

Maintenance and inspection failures are the primary cause.

Injuries: Catastrophic impact injuries, multi-vehicle pileups, wrongful death.

15. Runaway Truck Accidents

What It Is: Brake fade on long descents causes complete brake failure, or drivers fail to use runaway ramps.

Why It Happens in Yuma County: While Yuma County itself is relatively flat, trucks entering from the mountains west of the county may have already compromised their braking systems. The long, straight descents into the county allow speeds to build beyond what overheated brakes can handle.

Driver inexperience with mountain driving and failure to use runaway ramps compound the danger.

Injuries: High-speed collisions, multi-vehicle pileups, catastrophic injuries, wrongful death.

Insurance Coverage: Why Trucking Cases Are Worth More

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

Why This Matters for Your Yuma County Case

Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available—and often much more. Many carriers carry $1-5 million in coverage.

This higher coverage means:

Catastrophic injuries can be fully compensated
Lifetime medical care can be funded
Lost earning capacity can be replaced
Pain and suffering damages can reflect true impact

But accessing these policies requires knowing how trucking law works. Insurance companies don’t volunteer their coverage limits. They don’t explain stacking policies or excess coverage. That’s where 25 years of experience matters.

At Attorney911, we know how to:

Identify all applicable insurance policies
Stack coverage from multiple defendants
Access excess and umbrella policies
Prove bad faith when insurers unreasonably deny claims
Force disclosure of policy limits through litigation

Types of Damages Recoverable in Yuma County Trucking Cases

Economic Damages (Calculable Losses)

Category	What’s Included
Medical Expenses	Past, present, and future medical costs
Lost Wages	Income lost due to injury and recovery
Lost Earning Capacity	Reduction in future earning ability
Property Damage	Vehicle repair or replacement
Out-of-Pocket Expenses	Transportation to medical appointments, home modifications
Life Care Costs	Ongoing care for catastrophic injuries

Non-Economic Damages (Quality of Life)

Category	What’s Included
Pain and Suffering	Physical pain from injuries
Mental Anguish	Psychological trauma, anxiety, depression
Loss of Enjoyment	Inability to participate in activities
Disfigurement	Scarring, visible injuries
Loss of Consortium	Impact on marriage/family relationships
Physical Impairment	Reduced physical capabilities

Punitive Damages (Punishment for Gross Negligence)

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

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

Colorado’s Punitive Damages Cap: Punitive damages cannot exceed the amount of compensatory damages awarded. If you receive $1 million in compensatory damages, maximum punitive damages are $1 million.

Frequently Asked Questions: Yuma County 18-Wheeler Accidents

Immediate After-Accident Questions

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

If you’ve been in a trucking accident in Yuma County, take these steps immediately if you’re able:

Call 911 and report the accident
Seek medical attention, even if injuries seem minor
Document the scene with photos and video if possible
Get the trucking company name, DOT number, and driver information
Collect witness contact information
Do NOT give recorded statements to any insurance company
Call an 18-wheeler accident attorney immediately

Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Yuma County’s hospitals and regional trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

What information should I collect at the truck accident scene in Yuma County?

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 in Yuma County?

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.

What is a spoliation letter and why is it important?

A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.

Trucking Company & Driver Questions

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

Multiple parties may be liable in trucking accidents:

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 (hiring unqualified drivers)
Negligent training (inadequate safety training)
Negligent supervision (failing to monitor driver behavior)
Negligent maintenance (poor vehicle upkeep)

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

Colorado uses a modified comparative negligence system with a 50% bar. Even if you were partially at fault, you may still recover compensation as long as you are less than 50% at fault. Your recovery will be 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.

What is an owner-operator and does that affect my case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

How do I find out if the trucking company has a bad safety record?

FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:

CSA (Compliance, Safety, Accountability) scores
Inspection history and out-of-service rates
Crash history
Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

Evidence & 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
GPS location history

This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.

What records should my attorney get from the trucking company?

We pursue:

ECM/Black box data
ELD records
Driver Qualification File
Maintenance records
Inspection reports
Dispatch logs
Drug and alcohol test results
Training records
Cell phone records
Insurance policies
The physical truck and trailer

Can the trucking company destroy evidence?

Once they’re on notice of potential litigation, destroying evidence is spoliation—a serious legal violation. Courts can:

Instruct juries to assume destroyed evidence was unfavorable
Impose monetary sanctions
Enter default judgment in extreme cases
Award punitive damages

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

What is a Driver Qualification File and why does it matter?

FMCSA requires trucking companies to maintain a file for every driver containing:

Employment application
Driving record check
Previous employer verification
Medical certification
Drug test results
Training documentation

Missing or incomplete files prove negligent hiring.

How do pre-trip inspections relate to my accident case?

Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.

Injury & Medical Questions

What injuries are common in 18-wheeler accidents in Yuma 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 Yuma 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.

What if my loved one was killed in a trucking accident in Yuma County?

Colorado allows wrongful death claims by surviving family members. You may recover:

Lost future income
Loss of companionship and guidance
Mental anguish
Funeral expenses
Punitive damages if gross negligence

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

Legal Process Questions

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

In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do trucking accident cases take to resolve?

Timelines vary:

Simple cases with clear liability: 6-12 months
Complex cases with multiple parties: 1-3 years
Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

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.

Insurance Questions

How much insurance do trucking companies carry?

Federal law requires minimum liability coverage:

$750,000 for non-hazardous freight
$1,000,000 for oil, large equipment
$5,000,000 for hazardous materials

Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.

What if multiple insurance policies apply to my accident?

Trucking cases often involve multiple policies:

Motor carrier’s liability policy
Trailer interchange coverage
Cargo insurance
Owner-operator’s policy
Excess/umbrella coverage

We identify all available coverage to maximize your recovery.

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.

Why Choose Attorney911 for Your Yuma County Trucking Accident

25+ Years of Fighting for Trucking Accident Victims

Ralph Manginello has been representing injury victims since 1998. He’s admitted to federal court in the Southern District of Texas, giving him the ability to handle complex interstate trucking cases. He’s litigated against Fortune 500 corporations, including BP in the Texas City refinery explosion that killed 15 workers and injured 170 more.

This isn’t his first trucking case. It won’t be his last. And that experience matters when you’re facing a trucking company with teams of lawyers and millions in insurance.

The Insurance Defense Advantage: Lupe Peña

Most personal injury firms hire lawyers who have always represented plaintiffs. We did something different. Our associate attorney, Lupe Peña, spent years working at a national insurance defense firm before joining Attorney911.

This means he knows:

How insurance companies VALUE claims—their formulas and algorithms
How adjusters are TRAINED to minimize payouts
What makes them SETTLE—and when they’re bluffing
How they MINIMIZE legitimate claims
How they DENY claims—and how to fight back

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

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

Multi-Million Dollar Results

We don’t talk about “good results” or “favorable settlements.” We talk about specific numbers—because you deserve to know what experience looks like:

Case Type	Settlement Range
Traumatic Brain Injury	$1,548,000 – $9,838,000+
Spinal Cord Injury	$4,770,000 – $25,880,000+
Amputation	$1,945,000 – $8,630,000
Wrongful Death	$1,910,000 – $9,520,000+

These aren’t hypothetical numbers. These are actual results we’ve achieved for clients. As Donald Wilcox, one of our clients, said: “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.”

4.9 Stars from 251+ Reviews

Our clients say it better than we ever could:

“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” — Chad Harris

“They fought for me to get every dime I deserved.” — Glenda Walker

“They solved in a couple of months what others did nothing about in two years.” — Angel Walle

“Mr. Manginello and his firm are first class. Will fight tooth and nail for you.” — Ernest Cano

“Ralph reached out personally.” — Dame Haskett

These aren’t anonymous testimonials. These are real people with real names who trusted us with their cases—and we delivered.

Three Offices, Statewide Reach

With offices in Houston, Austin, and Beaumont, we serve trucking accident victims across Texas and beyond. For Yuma County clients, we offer:

Remote consultations via phone and video
Travel to Yuma County for case investigation and client meetings
Coordination with local medical providers and experts
Full litigation capability in Colorado state and federal courts

Distance is never a barrier to quality representation.

Hablamos Español

Many Yuma County residents speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. No miscommunication. No confusion. Just clear, effective advocacy in the language you’re most comfortable with.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.

Your Next Step: Call Attorney911 Today

What are you doing?

Every hour you wait, evidence in your Yuma County trucking accident case disappears. 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 building yours.

Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911). The consultation is free. You pay nothing unless we win. And we answer 24/7—because trucking accidents don’t happen on business hours.

Ralph Manginello has spent 25+ years making trucking companies pay. Lupe Peña knows their playbook from the inside. Our team has recovered over $50 million for families just like yours.

Your fight starts with one call. 1-888-ATTY-911.

Attorney911 / The Manginello Law Firm, PLLC
25+ Years Fighting for Trucking Accident Victims
Houston | Austin | Beaumont | Serving Yuma County and Beyond

1-888-ATTY-911 | ralph@atty911.com | attorney911.com