18-Wheeler & Trucking Accident Attorneys in Cheyenne County, Colorado
When 80,000 Pounds Changes Everything
The truck driver had been on the road for 14 hours. That’s illegal. And now you’re paying the price.
If you’ve been hurt in an 18-wheeler accident in Cheyenne County, Colorado, you already know this isn’t a typical car crash. The physics alone tell the story: a fully loaded semi weighs up to 80,000 pounds—twenty times heavier than your vehicle. When that much steel slams into a family sedan on I-70 or U.S. 40, the results are catastrophic.
At Attorney911, we’ve spent over 25 years fighting for trucking accident victims across Colorado and beyond. Ralph Manginello, our managing partner, has recovered multi-million dollar settlements for families just like yours—and he’s admitted to federal court, which matters when your case involves interstate trucking regulations. Our associate attorney Lupe Peña spent years working for insurance companies before joining our team. Now he fights against them. That’s your advantage.
Call 1-888-ATTY-911 now. The trucking company already called their lawyers.
Why Cheyenne County’s Highways Create Unique Trucking Dangers
Cheyenne County sits at the crossroads of major freight corridors that connect the Front Range to the Great Plains. The geography here creates specific risks you won’t find in urban areas.
The I-70 Mountain Corridor Challenge
Interstate 70 cuts through Cheyenne County as part of its transcontinental route, but the real danger lies westward in the mountain passes. Truckers heading toward Denver face:
- Steep grades requiring constant brake use
- Eisenhower Tunnel at 11,158 feet—highest vehicle tunnel in North America
- Runaway truck ramps that indicate how dangerous the descent can be
- Chain laws in winter that inexperienced drivers may ignore
When brake failure occurs on these grades, the results are devastating. We’ve seen runaway trucks cause multi-vehicle pileups with catastrophic injuries.
U.S. 40 and the Eastern Plains
U.S. Highway 40 runs parallel to I-70 through Cheyenne County, serving as an alternative route for truckers avoiding tolls or seeking direct access to local agriculture and energy operations. This highway presents its own dangers:
- High winds across the open plains that can topple empty or lightly loaded trailers
- Limited services—long stretches without truck stops or rest areas
- Fatigue-inducing monotony—straight roads that lull drivers into drowsiness
- Agricultural traffic—slow-moving equipment during planting and harvest seasons
The Energy Sector Factor
Cheyenne County’s position in Colorado’s energy corridor means significant oil and gas trucking traffic. Tanker trucks carrying crude oil, produced water, and drilling supplies add hazards:
- Hazmat cargo requiring specialized handling and $5 million minimum insurance
- Rural road wear from heavy equipment degrading road surfaces
- 24/7 operations creating nighttime traffic when driver fatigue peaks
The 15 Types of 18-Wheeler Accidents We Handle in Cheyenne County
Every trucking accident is different, but certain patterns emerge based on geography, weather, and industry. Here are the accident types we see most often in Cheyenne County—and how we prove negligence in each.
1. Jackknife Accidents
A jackknife occurs when the trailer swings perpendicular to the cab, often sweeping across multiple lanes. On I-70’s mountain grades or during sudden braking on U.S. 40, these accidents create chain-reaction pileups.
Common causes:
- Sudden braking on wet or icy roads
- Speeding through curves
- Empty or lightly loaded trailers (more prone to swing)
- Brake system failures
How we prove negligence:
We subpoena ECM data showing brake application timing, analyze skid marks for trailer angle, and review maintenance records for brake deficiencies. Under 49 CFR § 393.48, brake system violations are automatic negligence.
2. Rollover Accidents
Colorado’s mountain passes and high winds across the eastern plains make rollovers particularly dangerous. An 80,000-pound truck on its side blocks highways and spills cargo across the roadway.
Common causes:
- Speeding on curves or ramps
- Improperly loaded or unevenly distributed cargo
- Liquid cargo “slosh” shifting center of gravity
- High winds on open plains
- Driver fatigue causing delayed reaction
How we prove negligence:
We examine cargo manifest and securement documentation, analyze ECM data for speed through curves, and review driver training records. Under 49 CFR § 393.100-136, cargo securement violations directly cause rollovers.
3. Underride Collisions
Among the most fatal accidents, underrides occur when a smaller vehicle slides under the trailer. The trailer height often shears off the passenger compartment at windshield level.
Common causes:
- Inadequate or missing underride guards
- Worn or damaged rear impact guards
- Truck sudden stops without adequate warning
- Low visibility conditions (night, fog, mountain weather)
How we prove negligence:
We inspect underride guard compliance with 49 CFR § 393.86, analyze guard deformation in post-crash examination, and review maintenance records. Side underride guards are not federally required—advocacy is ongoing—but rear guards are mandatory since 1998.
4. Rear-End Collisions
An 18-wheeler at 65 mph needs approximately 525 feet to stop—nearly two football fields. When truckers follow too closely or brake systems fail, catastrophic rear-end collisions result.
Common causes:
- Following too closely (tailgating)
- Driver distraction (cell phone, dispatch communications)
- Driver fatigue and delayed reaction
- Brake failures from poor maintenance
How we prove negligence:
We analyze ECM data for following distance calculations, subpoena cell phone records for distraction evidence, and review brake maintenance records. Under 49 CFR § 392.11, following too closely is a direct violation.
5. Wide Turn Accidents (“Squeeze Play”)
Trucks swinging wide before right turns create gaps that other vehicles enter—then get crushed when the truck completes its turn. This is especially dangerous at Cheyenne County’s rural intersections with limited visibility.
Common causes:
- Failure to properly signal turning intention
- Inadequate mirror checks before and during turn
- Improper turn technique
- Driver inexperience with trailer tracking
How we prove negligence:
We examine turn signal activation data from ECM, review mirror condition records, and analyze driver training on turning procedures. State traffic law violations for improper turns supplement FMCSA violations.
6. Blind Spot Accidents (“No-Zone”)
18-wheelers have four major blind spots where smaller vehicles disappear from view. The right-side blind spot is largest and most dangerous—exactly where a car sits when a trucker changes lanes.
Common causes:
- Failure to check mirrors before lane changes
- Improperly adjusted or damaged mirrors
- Driver distraction during lane changes
- Driver fatigue affecting situational awareness
How we prove negligence:
We inspect mirror condition and adjustment at time of crash, analyze lane change data from ECM/telematics, and review driver training on blind spot awareness. Under 49 CFR § 393.80, mirrors must provide clear rear view.
7. Tire Blowout Accidents
Colorado’s temperature extremes—scorching summer heat on eastern plains, freezing mountain conditions—stress truck tires. When they fail, drivers lose control and debris strikes following vehicles.
Common causes:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Manufacturing defects
How we prove negligence:
We subpoena tire maintenance and inspection records, examine tire age and wear documentation, and analyze vehicle weight records from weigh stations. Under 49 CFR § 393.75, minimum tread depth requirements are mandatory.
8. Brake Failure Accidents
Mountain driving destroys brakes. The constant descent from Eisenhower Tunnel to Denver generates tremendous heat, causing brake fade. When brakes fail on a downgrade, runaway trucks result.
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
- Deferred maintenance to save costs
How we prove negligence:
We examine brake inspection and maintenance records, review out-of-service inspection history, and analyze ECM data showing brake application and effectiveness. Under 49 CFR § 393.40-55, brake system requirements are non-negotiable.
9. Cargo Spill/Shift Accidents
Unsecured cargo on mountain curves or wind-swept plains creates deadly hazards. When loads shift, trucks roll over. When cargo spills, it creates obstacles for following traffic.
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
How we prove negligence:
We examine cargo securement inspection photos, analyze bills of lading and cargo manifests, and review loading company records. Under 49 CFR § 393.100-136, cargo securement standards are comprehensive and mandatory.
10. Head-On Collisions
When fatigued or distracted truckers drift across center lines on rural highways, head-on collisions result. These are among the deadliest accidents due to combined closing speeds.
Common causes:
- Driver fatigue causing lane departure
- Driver falling asleep at the wheel
- Driver distraction (phone, GPS, dispatch)
- Impaired driving (drugs, alcohol)
- Overcorrection after running off road
How we prove negligence:
We subpoena ELD data for HOS compliance and fatigue analysis, examine ECM data showing lane departure and steering inputs, and review cell phone records for distraction evidence. Under 49 CFR § 395, hours of service violations are per se negligence.
11. T-Bone/Intersection Accidents
Rural intersections with limited visibility create deadly T-bone scenarios. When truckers run stop signs or fail to yield, passenger vehicles take the full force of impact on their sides.
Common causes:
- Failure to yield or stop at intersections
- Running red lights or stop signs
- Obstructed sightlines at rural intersections
- Driver distraction approaching intersections
How we prove negligence:
We analyze ECM data for speed and braking at intersection approach, examine traffic signal timing if applicable, and review driver logs for fatigue or distraction patterns.
12. Sideswipe Accidents
On narrow rural highways or during lane changes on I-70, sideswipe accidents occur when trucks drift into adjacent lanes. These often cause loss of control and secondary crashes.
Common causes:
- Failure to check blind spots before lane changes
- Driver fatigue affecting lane position
- Wind gusts pushing trucks sideways
- Improper mirror adjustment
How we prove negligence:
We examine lane departure data from ECM, analyze mirror condition and adjustment records, and review driver training on lane change procedures.
13. Override Accidents
When trucks fail to stop in time, they can drive over smaller vehicles in front—similar to rear-end collisions but with the smaller vehicle passing partially under the truck.
Common causes:
- Brake failure or brake fade
- Following too closely
- Driver distraction
- Excessive speed for conditions
How we prove negligence:
We analyze ECM data for following distance and braking, examine brake system maintenance records, and review driver distraction evidence.
14. Lost Wheel/Detached Trailer Accidents
Maintenance failures can cause wheels to separate or trailers to detach, creating deadly projectiles on highways. These accidents often strike oncoming vehicles with fatal results.
Common causes:
- Improper wheel bearing maintenance
- Failed wheel fasteners
- Defective fifth wheel couplings
- Trailer hitch failures
How we prove negligence:
We examine maintenance records for wheel and coupling systems, analyze failed components for defect or wear patterns, and review inspection reports.
15. Runaway Truck Accidents
On Colorado’s mountain grades, brake fade can cause trucks to accelerate uncontrollably. When drivers miss runaway truck ramps or they’re improperly maintained, catastrophic crashes result.
Common causes:
- Brake fade from overheating on long descents
- Failure to use runaway truck ramps
- Inexperienced drivers unfamiliar with mountain grades
- Improper gear selection for descents
How we prove negligence:
We analyze ECM data for speed and brake temperature, examine driver training records for mountain driving, and review runaway ramp maintenance and signage.
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: speeding, distracted driving, fatigue beyond legal limits, impairment, or failure to conduct proper inspections. We pursue their driving record, ELD data, drug test results, and cell phone records.
2. The Trucking Company / Motor Carrier
This is often your primary recovery target. Under respondeat superior, employers are liable for employees’ negligent acts. Plus, trucking companies face direct liability for negligent hiring, training, supervision, and maintenance. They carry $750,000 to $5 million in insurance—far more than individual drivers.
3. Cargo Owner / Shipper
The company that arranged shipment may be liable for improper loading instructions, failure to disclose hazardous cargo, or pressuring carriers to expedite beyond safe limits.
4. Cargo Loading Company
Third-party loaders who physically secured cargo may be liable for unbalanced distribution, inadequate tiedowns, or exceeding weight ratings—all violations of 49 CFR § 393.
5. Truck and Trailer Manufacturer
Design defects in brake systems, stability control, or fuel tank placement can create liability. We research recall notices and similar defect complaints.
6. Parts Manufacturer
Defective brakes, tires, steering components, or lighting systems can cause catastrophic failures. We preserve failed components for expert analysis.
7. Maintenance Company
Third-party repair shops may be liable for negligent repairs, improper brake adjustments, or returning vehicles with known defects.
8. Freight Broker
Brokers who arranged transportation may be liable for negligent carrier selection—choosing companies with poor safety records or inadequate insurance.
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the vehicle owner may face negligent entrustment liability for allowing an unfit driver to operate their equipment.
10. Government Entity
Federal, state, or local government may be liable for dangerous road design, inadequate signage, or failure to maintain safe highway conditions.
FMCSA Regulations That Prove Negligence
Federal Motor Carrier Safety Administration regulations aren’t just bureaucratic rules—they’re the safety standards that trucking companies violate when they put profit over people. Proving these violations is how we establish negligence and maximize your recovery.
49 CFR Part 390 — General Applicability
These regulations establish who must comply with federal trucking law. Any commercial motor vehicle with GVWR over 10,001 pounds, designed for 16+ passengers, or transporting hazardous materials must follow these rules. Violations here can implicate the entire regulatory framework.
49 CFR Part 391 — Driver Qualification
Before a driver can legally operate a commercial truck, they must:
- Be at least 21 years old for interstate commerce
- Pass a physical examination every 24 months
- Hold a valid Commercial Driver’s License (CDL)
- Complete required entry-level driver training
- Pass pre-employment drug screening
The trucking company must maintain a Driver Qualification File containing all this documentation. When we subpoena these files, we often find missing medical certifications, incomplete background checks, or drivers operating without proper qualifications. That’s negligent hiring—and it makes the company liable.
49 CFR Part 392 — Driving Rules
These operational rules govern how drivers must behave on the road. Critical violations we see in Cheyenne County accidents include:
§ 392.3 — Ill or Fatigued Operators
No driver shall operate a CMV when their ability or alertness is impaired through fatigue, illness, or any other cause. This makes BOTH the driver AND the trucking company liable when fatigued driving causes accidents.
§ 392.4 — Drugs and Other Substances
Prohibits operating under the influence of Schedule I substances, amphetamines, narcotics, or any substance rendering the driver incapable of safe operation.
§ 392.5 — Alcohol
Prohibits alcohol use within 4 hours before duty, while on duty, or possession while on duty. BAC of .04 or higher is automatic violation.
§ 392.6 — Speeding
Prohibits scheduling runs that would require exceeding speed limits. This targets companies that pressure drivers to speed to meet deadlines.
§ 392.82 — Mobile Phone Use
Prohibits hand-held mobile telephone use and texting while driving. We subpoena cell phone records to prove distraction.
49 CFR Part 393 — Parts and Accessories for Safe Operation
These equipment standards cover everything from brakes to cargo securement.
§ 393.40-55 — Brake Systems
All CMVs must have properly functioning service brakes on all wheels, parking/emergency brake systems, and air brakes meeting specific requirements. Brake adjustment must be maintained within specifications. Brake problems factor in approximately 29% of large truck crashes.
§ 393.75 — Tire Requirements
Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions. Tires must be properly inflated and free from defects. Colorado’s temperature extremes stress tires significantly.
§ 393.80 — Mirrors
Mirrors must provide clear view to rear on both sides. Proper adjustment is part of driver pre-trip inspection.
§ 393.86 — Rear Impact Guards
Required on trailers manufactured after January 26, 1998. Guards must prevent underride at 30 mph impact. NO federal requirement for side underride guards—advocacy ongoing.
§ 393.100-136 — Cargo Securement
Cargo must be contained, immobilized, or secured to prevent leaking, spilling, blowing, falling, or shifting that affects vehicle stability. Performance criteria require withstanding 0.8g forward deceleration, 0.5g rearward acceleration, and 0.5g lateral forces.
49 CFR Part 395 — Hours of Service
These are the MOST COMMONLY VIOLATED regulations in trucking accidents—and the most deadly when broken.
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 |
Electronic Logging Device (ELD) Mandate:
Since December 18, 2017, most CMV drivers must use ELDs that automatically record driving time, synchronize with vehicle engines, and cannot be altered after the fact. This data proves:
- 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 within 24 hours to preserve this evidence before it’s overwritten.
49 CFR Part 396 — Inspection, Repair, and Maintenance
§ 396.3 — General Maintenance Requirement:
“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: service brakes, parking brake, steering mechanism, lighting devices, tires, horn, windshield wipers, rear vision mirrors, coupling devices, wheels and rims, emergency equipment.
-
Annual Inspection (§ 396.17): Every CMV must pass comprehensive annual inspection. Records retained for 14 months.
Why This Matters: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.
The 48-Hour Evidence Preservation Protocol
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 quickly, critical evidence will be lost forever.
Critical Evidence Timelines
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your Evidence 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
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)
- Tire records and replacement history
- Brake inspection and adjustment records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
Catastrophic Injuries: When Trucks Destroy Lives
The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. An 80,000-pound truck at 65 mph carries approximately 80 times the kinetic energy of a passenger car. When that energy transfers to your body, the results are devastating.
Traumatic Brain Injury (TBI)
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 |
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
Settlement Range: $1,548,000 – $9,838,000+
Spinal Cord Injury
Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable—may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Lifetime Care Costs:
- Paraplegia: $1.1 million to $2.5 million+
- Quadriplegia: $3.5 million to $5 million+
These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.
Settlement Range: $4,770,000 – $25,880,000+
Amputation
Types:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
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
Settlement Range: $1,945,000 – $8,630,000
Severe Burns
How Burns Occur:
- 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
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 |
Internal Organ Damage
Common injuries include liver laceration, spleen damage, kidney damage, lung contusion, internal bleeding, and bowel damage. These injuries may not show immediate symptoms but can be life-threatening without emergency surgery.
Wrongful Death
When a trucking accident kills a loved one, Colorado law allows surviving family members to recover:
- 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)
Settlement Range: $1,910,000 – $9,520,000+
Colorado Law: What You Need to Know
Statute of Limitations
In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the clock starts at the date of death. Miss this deadline, and you lose your right to compensation forever—no matter how serious your injuries or how clear the negligence.
But waiting is dangerous. Evidence disappears quickly in trucking cases. We recommend contacting an attorney within days, not months.
Comparative Negligence: Colorado’s 50% Bar Rule
Colorado follows modified comparative negligence with a 50% bar. Here’s what this means for your case:
- If you’re less than 50% at fault, you can recover damages reduced by your percentage of fault
- If you’re 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. But if you’re found 50% at fault, you get $0—even if the truck driver was equally responsible.
This makes evidence preservation and aggressive investigation critical. The trucking company will try to shift blame to you. We fight back with data.
Damage Caps
Colorado caps non-economic damages (pain and suffering) at $300,000, which can increase to $500,000 with clear and convincing evidence. However, there is no cap on economic damages (medical bills, lost wages) or punitive damages in most cases.
For punitive damages, Colorado requires proof by clear and convincing evidence that the defendant acted with fraud, malice, or willful and wanton conduct. The standard is high, but when trucking companies knowingly put dangerous drivers on the road or destroy evidence, punitive damages may be available.
The Evidence That Wins Cases: What We Preserve
Trucking companies have rapid-response teams that arrive at accident scenes before the ambulance leaves. They’re not there to help you—they’re there to protect their interests. You need someone doing the same for you.
Electronic Data: The Smoking Gun
| Data Type | What It Proves | Preservation Window |
|---|---|---|
| ECM/Black Box | Speed, braking, throttle, engine performance | 30 days or less |
| ELD (Electronic Logging Device) | Hours of service, duty status, GPS location | 6 months |
| Event Data Recorder (EDR) | Pre-crash data, airbag deployment triggers | 30-180 days |
| GPS/Telematics | Real-time location, route history, driver behavior | Varies by carrier |
| Dashcam Footage | Video of road ahead, driver behavior | 7-30 days typical |
Driver Records: Proving Unfitness
- Driver Qualification File: Employment application, background check, driving record, medical certification, drug tests, training records
- Previous Employer Inquiries: 3-year driving history investigation
- Performance Reviews: Disciplinary records, safety violations
- Cell Phone Records: Calls, texts, app usage before crash
Vehicle Records: Proving Poor Maintenance
- Maintenance and Repair Records: All work performed, parts used, mechanic certifications
- Inspection Reports: Pre-trip, post-trip, annual, roadside inspections
- Out-of-Service Orders: Previous violations and repairs
- Tire Records: Age, wear, replacement history, inflation logs
- Brake Inspection Records: Adjustment records, pushrod travel measurements
Company Records: Proving Systemic Negligence
- Hours of Service Records: 6 months prior to accident
- Dispatch Logs: Communications about routes, deadlines, pressure
- Bills of Lading: Cargo documentation, weight certifications
- Insurance Policies: All coverage layers, excess policies
- Safety Policies: Written procedures vs. actual practices
- CSA Scores: Federal safety ratings and violation history
Why Choose Attorney911 for Your Cheyenne County Trucking Accident
25+ Years of Experience
Ralph Manginello has been fighting for injury victims since 1998. He’s admitted to federal court in the Southern District of Texas, which matters when your case involves interstate commerce and federal trucking regulations. He’s gone toe-to-toe with Fortune 500 corporations, including BP in the Texas City refinery explosion litigation that resulted in over $2.1 billion in total industry settlements.
Former Insurance Defense Attorney on Your Side
Our associate attorney Lupe Peña spent years working at a national insurance defense firm. He knows exactly how insurance companies evaluate claims, train adjusters to minimize payouts, and deny legitimate claims. Now he uses that insider knowledge to fight FOR you. As he told ABC13 Houston about 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.”
Multi-Million Dollar Results
Our track record speaks for itself:
- $5+ million for traumatic brain injury (falling log at logging company)
- $3.8+ million for partial leg amputation (car accident with medical complications)
- $2.5+ million for commercial truck crash recovery
- $2+ million for maritime back injury (Jones Act)
- $10 million lawsuit currently active against University of Houston for hazing injuries
4.9-Star Client Satisfaction
Our 251+ Google reviews average 4.9 stars. Clients tell us we’re different:
“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” — Chad Harris
“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.” — Donald Wilcox
“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
Three Office Locations, Serving Cheyenne County and Beyond
With offices in Houston (1177 West Loop S, Suite 1600), Austin (316 West 12th Street), and Beaumont, we’re never far from where you need us. For Cheyenne County clients, we offer remote consultations and travel to you when necessary.
Hablamos Español
Lupe Peña is fluent in Spanish. We provide direct representation to Spanish-speaking clients without interpreters. Llame al 1-888-ATTY-911.
What to Do After a Trucking Accident in Cheyenne County
Immediate Steps (If You’re Able)
- Call 911 — Report the accident and request emergency medical response
- Seek medical attention — Even if injuries seem minor; adrenaline masks pain
- Document the scene — Photos and video of vehicles, damage, road conditions, skid marks
- Get truck information — DOT number, trucking company name, driver name and CDL number
- Collect witness contacts — Names, phone numbers, email addresses
- Do NOT give recorded statements — To any insurance company without legal counsel
- Call Attorney911 immediately — 1-888-ATTY-911
Critical Evidence Windows
| Timeline | Evidence at Risk |
|---|---|
| 0-24 hours | Physical evidence at scene, witness availability, driver drug/alcohol testing window |
| 24-48 hours | ECM data preservation, ELD backup, dispatch records |
| 7-14 days | Dashcam footage deletion, surveillance video overwrite |
| 30 days | ECM data overwrite, some ELD data cycling |
| 6 months | FMCSA minimum ELD retention period expires |
Every hour you wait, evidence disappears. The trucking company has lawyers working right now. What are you doing?
Frequently Asked Questions: Cheyenne County 18-Wheeler Accidents
How long do I have to file a trucking accident lawsuit in Colorado?
Colorado’s statute of limitations gives you two years from the date of your accident to file a personal injury lawsuit. For wrongful death, the clock starts at the date of death. Miss this deadline, and you lose your right to compensation forever—no matter how serious your injuries or how clear the negligence.
But waiting is dangerous. Evidence disappears quickly in trucking cases. We recommend contacting an attorney within days, not months.
What if I was partially at fault for the accident?
Colorado follows modified comparative negligence with a 50% bar rule. As long as you’re less than 50% at fault, you can recover damages reduced by your percentage of fault. But if you’re found 50% or more at fault, you recover nothing—even if the truck driver was equally responsible.
This makes aggressive investigation critical. The trucking company will try to shift blame to you. We fight back with ECM data, ELD records, and accident reconstruction.
How much is my trucking accident case worth?
There’s no simple answer—every case is unique. Factors include:
- Severity of injuries and long-term prognosis
- Medical expenses (past and future)
- Lost wages and lost earning capacity
- Pain and suffering (capped at $300,000-$500,000 in Colorado)
- Property damage
- Degree of defendant’s negligence
- Available insurance coverage
Trucking companies carry $750,000 to $5 million in federal minimum insurance—far more than typical car accidents. Catastrophic injury cases often settle or verdict in the millions. We’ve recovered $5+ million for brain injury victims, $3.8+ million for amputation cases, and $2.5+ million for truck crash recoveries.
What evidence do you need to prove the trucking company was negligent?
Critical evidence includes:
- ECM/Black box data: Speed, braking, throttle position, engine performance
- ELD records: Hours of service compliance, duty status, GPS location
- Driver Qualification File: CDL status, medical certification, training records, previous violations
- Maintenance records: Brake inspections, tire replacements, repair history
- Cell phone records: Calls, texts, app usage before crash
- Dispatch records: Communications about routes, deadlines, pressure to violate HOS
- Dashcam footage: Road conditions, driver behavior
- Witness statements: Independent accounts of what happened
The clock is ticking. ECM data can be overwritten in 30 days. Dashcam footage often deletes in 7-14 days. We send spoliation letters immediately to preserve everything.
Who can be held liable in a trucking accident?
Multiple parties may share liability:
- Truck driver — negligent operation, fatigue, distraction, impairment
- Trucking company — vicarious liability, negligent hiring/training/supervision
- Cargo owner/shipper — improper loading instructions, hazardous cargo
- Loading company — unbalanced loads, inadequate securement
- Truck/trailer manufacturer — design defects, safety system failures
- Parts manufacturer — defective brakes, tires, steering components
- Maintenance company — negligent repairs, missed safety issues
- Freight broker — negligent carrier selection
- Truck owner — negligent entrustment
- Government entity — dangerous road design, inadequate signage
More liable parties means more insurance coverage means higher recovery for you.
What are hours of service violations, and how do they cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 consecutive hours off duty
- Cannot drive beyond 14th consecutive hour after coming on duty
- 30-minute break required after 8 cumulative hours of driving
- 60/70 hour weekly limits with 34-hour restart
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely. ELD data proves violations—and we subpoena it immediately.
Should I accept the trucking company’s insurance settlement offer?
NO—at least not without consulting an experienced attorney first.
Insurance adjusters are trained to minimize your claim. Their first offer is designed to pay you far less than your case is worth—often before you understand the full extent of your injuries. Once you accept, you waive your right to additional compensation.
Our firm includes a former insurance defense attorney who knows every tactic they use. We evaluate your full damages—including future medical needs and long-term disability—before negotiating. Clients who hire attorneys consistently receive higher settlements even after paying legal fees.
How long will my trucking accident case take?
Timelines vary based on complexity:
| Case Type | Typical Timeline |
|---|---|
| Straightforward cases with clear liability | 6-12 months |
| Moderate injuries with extended treatment | 12-24 months |
| Complex cases with multiple defendants | 18-36 months |
| Cases requiring trial | 24-48 months |
We work to resolve cases as quickly as possible while maximizing your recovery. Rushing to settlement before you understand your full injuries is a mistake—we’ve seen clients accept offers that covered only a fraction of their lifetime needs.
What if the truck driver was an independent contractor, not an employee?
This complicates liability but doesn’t eliminate it. Both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from every responsible party. The “independent contractor” defense is often overused—we know how to pierce it.
Can I sue if road conditions contributed to the accident?
Possibly. Government entities may be liable for dangerous road design, inadequate signage, or failure to maintain safe conditions. However, sovereign immunity limits liability, and strict notice requirements apply. In Colorado, you must file a notice of claim within 180 days for claims against government entities—much shorter than the general 2-year statute.
What if I have PTSD after the accident?
PTSD compensation is available. Victims experience intense, disturbing thoughts long after the incident—flashbacks, fear, anger, sadness, depression, anxiety, insomnia. Documentation from psychologists or therapists is essential. You can claim past, present, AND future mental anguish.
Hablamos Español
Lupe Peña is fluent in Spanish. We provide direct representation to Spanish-speaking clients without interpreters. Llame al 1-888-ATTY-911 para una consulta gratis.
Why Trucking Cases Are Different—And Why You Need a Specialist
Higher Insurance Coverage = Higher Stakes
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies:
| Cargo Type | Minimum Coverage |
|---|---|
| Non-hazardous freight (10,001+ lbs GVWR) | $750,000 |
| Oil/petroleum, large equipment | $1,000,000 |
| Hazardous materials | $5,000,000 |
| Passengers (16+) | $5,000,000 |
Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated—but only if you know how to access these policies.
Federal Regulations Create Liability
Unlike car accidents governed primarily by state traffic laws, trucking accidents involve federal FMCSA regulations. Proving violations of 49 CFR Parts 390-396 establishes negligence as a matter of law. This requires specialized knowledge most personal injury attorneys don’t have.
Multiple Liable Parties = Complex Investigation
Car accidents usually involve one at-fault driver. Trucking accidents routinely involve 5-10 potentially liable parties, each with separate insurance policies and legal defenses. Coordinating investigation across all these entities requires resources and experience.
Rapid Evidence Destruction
ECM data overwrites in 30 days. Dashcam footage deletes in 7-14 days. Witness memories fade within weeks. Without immediate legal intervention, critical evidence disappears forever.
Our Commitment to Cheyenne County Trucking Accident Victims
At Attorney911, we don’t just handle cases—we fight for families. Ralph Manginello has spent over 25 years making trucking companies pay for the devastation they cause. Our results speak for themselves:
- $5+ million for traumatic brain injury victims
- $3.8+ million for amputation cases
- $2.5+ million for commercial truck crash recoveries
- $2+ million for maritime and offshore injuries
- $10 million lawsuit currently active against University of Houston for institutional negligence
But numbers don’t tell the whole story. Our clients say it best:
“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” — Chad Harris
“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.” — Donald Wilcox
“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
No Fee Unless We Win
We work on contingency. You pay absolutely nothing unless we win your case. We advance all investigation costs, expert fees, and litigation expenses. You never receive a bill from us. When we win, our fee comes from the recovery—not your pocket.
24/7 Availability
Trucking accidents don’t happen on business hours. Neither do we. Call 1-888-ATTY-911 any time, day or night. We answer.
Call Attorney911 Now: Your Fight Starts Today
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 is already at the scene.
What are you doing?
Every hour you wait, evidence disappears. Black box data can be overwritten in 30 days. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company builds their defense while you struggle to recover.
Don’t let them win. Call Attorney911 now.
1-888-ATTY-911
Free consultation. No fee unless we win. 24/7 availability.
Ralph Manginello has spent 25+ years making trucking companies pay. Lupe Peña knows their playbook from the inside. Our team has recovered $50+ million for families just like yours.
Your fight starts with one call. Make it now: 1-888-ATTY-911.
Attorney911 / The Manginello Law Firm, PLLC
Houston: 1177 West Loop S, Suite 1600
Austin: 316 West 12th Street
Beaumont: Available for meetings
Licensed in Texas and New York | Admitted to U.S. District Court, Southern District of Texas
Contingency fee: 33.33% pre-trial, 40% if trial required. No fee unless we win.