18-Wheeler & Trucking Accident Attorneys in Colorado
When 80,000 Pounds Changes Everything
The Eisenhower Tunnel sits at 11,158 feet above sea level, where the air is thin and the stakes are high. An 18-wheeler descending from the Continental Divide carries 80,000 pounds of steel, cargo, and momentum down grades that can exceed 6%. When brakes fail on those mountain passes, there’s no second chance.
If you’ve been injured in a trucking accident anywhere in Colorado—from the I-70 corridor through Glenwood Canyon to the I-25 freight corridor connecting Denver to Fort Collins and Colorado Springs—you need an attorney who understands both the physics of these crashes and the federal regulations designed to prevent them.
At Attorney911, we’ve spent over 25 years holding trucking companies accountable. Ralph Manginello, our managing partner since 1998, has secured multi-million dollar verdicts against Fortune 500 corporations and has the federal court experience to handle complex interstate trucking cases. Our associate attorney Lupe Peña spent years working inside the insurance defense industry—now he uses that insider knowledge to fight for you.
Call 1-888-ATTY-911 now. The trucking company already has lawyers. You should too.
Why Colorado’s Geography Makes Trucking Accidents Deadly
Colorado presents unique dangers for commercial trucking that flatland states simply don’t face. Understanding these geographic factors is crucial for building a strong case after a Colorado trucking accident.
Mountain Pass Hazards
The I-70 corridor through Colorado includes some of the most challenging trucking terrain in America:
- Eisenhower-Johnson Memorial Tunnel: At 11,158 feet, this is the highest vehicle tunnel in the world. Hazmat vehicles are prohibited, forcing dangerous reroutes.
- Vail Pass: 10,662 feet with 7% grades and frequent weather closures.
- Glenwood Canyon: Narrow, winding road with rockfall hazards and no shoulder for disabled vehicles.
These passes create perfect conditions for runaway truck accidents when brakes overheat and fail. The physics are unforgiving: an 80,000-pound truck descending a 6% grade generates enormous kinetic energy that overheated brakes simply cannot dissipate.
Eastern Plains Wind Dangers
East of the Rockies, Colorado’s I-70 and I-76 corridors cross flat, open terrain where winds can exceed 60 mph. High-profile trailers act as sails, creating rollover accidents when sudden gusts catch empty or lightly loaded trailers. The National Weather Service issues high wind warnings specifically for truckers on these corridors—ignoring them is negligence.
Weather Extremes
Colorado’s elevation creates rapid weather changes that catch truckers unprepared:
- Black ice at elevation, even when Denver is sunny
- Sudden snow squalls reducing visibility to zero
- Temperature swings of 40°F in a single day affecting tire pressure
Federal regulations under 49 CFR § 392.14 require drivers to use “extreme caution” in hazardous conditions. When Colorado truckers fail to adjust for these conditions, they violate federal law—and we prove it.
The 15 Types of 18-Wheeler Accidents We Handle in Colorado
Every trucking accident is different, but certain patterns emerge based on Colorado’s unique geography and the federal regulations designed to prevent these crashes. Here are the accident types we see most frequently in Colorado—and how we prove negligence in each.
1. Brake Failure & Runaway Truck Accidents
What Happens: On Colorado’s mountain grades, truck brakes overheat and fail. The driver loses all stopping power on a downhill slope.
Why It Happens: Federal regulations require drivers to use proper braking technique on grades—downshifting and using engine brakes rather than riding the service brakes. Many drivers, especially those unfamiliar with mountain driving, ride their brakes continuously, causing brake fade from overheated drums.
FMCSA Violations We Prove:
- 49 CFR § 392.7 – Pre-trip brake inspection required
- 49 CFR § 393.40 – Brake system requirements
- 49 CFR § 396.3 – Systematic inspection and maintenance
- 49 CFR § 392.6 – Speeding for conditions (excessive speed on grades)
Colorado-Specific Factors: The I-70 corridor has multiple runaway truck ramps—emergency escape routes for brakeless trucks. If a driver failed to use an available ramp, that’s evidence of negligence. We obtain Colorado Department of Transportation records on ramp locations and maintenance.
Case Result Reference: We’ve handled brake failure cases resulting in multi-million dollar recoveries. In one logging industry case, we secured over $5 million for a traumatic brain injury victim.
2. Rollover Accidents on Mountain Curves
What Happens: A truck tips onto its side or roof, often blocking multiple lanes and spilling cargo.
Why It Happens: Colorado’s mountain highways have curves with advisory speeds of 35-45 mph. Fully loaded trucks have high centers of gravity. When drivers take these curves at highway speeds (55-65 mph), the centrifugal force overcomes the truck’s stability.
FMCSA Violations We Prove:
- 49 CFR § 392.6 – Speeding for conditions
- 49 CFR § 393.100-136 – Cargo securement (shifted cargo contributes to rollovers)
- 49 CFR § 392.3 – Operating while fatigued (fatigued drivers misjudge curves)
Colorado-Specific Factors: The Glenwood Canyon section of I-70 has no shoulder—rollover accidents here block the entire highway for hours. Vail Pass has 7% grades with sharp curves. We obtain Colorado State Patrol accident reconstruction reports for these high-risk zones.
3. Jackknife Accidents on Icy Roads
What Happens: The trailer swings out perpendicular to the cab, creating a “V” shape that blocks multiple lanes.
Why It Happens: Sudden braking on slippery surfaces causes the trailer wheels to lock while the cab continues forward. The trailer then pivots around the fifth wheel. Colorado’s black ice conditions—especially common on bridges and shaded mountain curves—create perfect conditions for jackknifing.
FMCSA Violations We Prove:
- 49 CFR § 392.2 – Failure to obey traffic control devices (speed limits for conditions)
- 49 CFR § 392.3 – Operating while fatigued
- 49 CFR § 393.48 – Brake system deficiencies
- 49 CFR § 396.3 – Inadequate maintenance
Colorado-Specific Factors: The I-25 corridor through Colorado Springs and Denver experiences rapid weather changes. A sunny morning can turn to icy conditions by afternoon. We obtain National Weather Service data and Colorado DOT road condition reports to prove drivers should have known conditions were hazardous.
4. Underride Collisions
What Happens: A smaller vehicle crashes into the rear or side of a trailer and slides underneath, with the trailer edge often entering the passenger compartment at head level.
Why It Happens: Trucks have high ground clearance. Passenger vehicles are low to the ground. When a car hits the back of a trailer, the trailer’s rear edge is often at windshield height. Rear underride guards are required by federal law, but many are poorly maintained or improperly designed. Side underride guards are NOT required—a deadly regulatory gap.
FMCSA/NHTSA Violations We Prove:
- 49 CFR § 393.86 – Rear impact guard requirements
- 49 CFR § 396.3 – Failure to maintain underride guards
- NHTSA safety standards for guard strength and geometry
Colorado-Specific Factors: Underride accidents are particularly deadly on Colorado’s high-speed rural highways where drivers approach stopped or slow-moving trucks at 75 mph. The I-76 corridor east of Denver has limited lighting and long straightaways where drivers don’t expect stopped traffic.
5. Rear-End Collisions
What Happens: An 18-wheeler strikes the back of a passenger vehicle, or a vehicle strikes the back of a truck.
Why It Happens: Trucks require 40% more stopping distance than cars. At 65 mph, a loaded truck needs approximately 525 feet to stop—nearly two football fields. When traffic slows suddenly, truck drivers often cannot stop in time. Distracted driving (cell phone use, dispatch communications) and fatigue compound the problem.
FMCSA Violations We Prove:
- 49 CFR § 392.11 – Following too closely
- 49 CFR § 392.3 – Operating while fatigued
- 49 CFR § 392.82 – Mobile phone use while driving
- 49 CFR § 393.40 – Brake system deficiencies
Colorado-Specific Factors: The I-25 corridor through Denver experiences sudden traffic slowdowns during rush hour and weather events. The I-70 mountain corridor has frequent phantom traffic jams where drivers brake for curves, causing chain-reaction slowdowns that truckers cannot anticipate.
6. Wide Turn Accidents (“Squeeze Play”)
What Happens: A truck swings wide left before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing the vehicle.
Why It Happens: 18-wheelers need significant space to complete right turns—the trailer tracks inside the cab’s path. Drivers must swing wide to avoid curbs and obstacles. Inexperienced drivers or those rushing to complete deliveries may fail to check their blind spots before completing the turn.
FMCSA Violations We Prove:
- 49 CFR § 392.11 – Unsafe lane changes
- 49 CFR § 392.2 – Failure to obey traffic signals
- State traffic law violations for improper turns
Colorado-Specific Factors: Denver’s urban core has narrow streets designed before modern trucking. Boulder and Fort Collins have historic downtowns with tight intersections. Colorado Springs has rapid growth creating construction zones where trucks must navigate narrowed lanes.
7. Blind Spot Accidents (“No-Zone” Collisions)
What Happens: A truck changes lanes or merges without seeing a vehicle in one of its four major blind spots.
Why It Happens: 18-wheelers have enormous blind spots—the “No-Zones”:
- Front: 20 feet directly ahead
- Rear: 30 feet behind
- Left side: Extends from cab door backward
- Right side: Extends from cab door backward (LARGEST and most dangerous)
Inadequate mirror checks, improperly adjusted mirrors, and driver distraction cause these accidents.
FMCSA Violations We Prove:
- 49 CFR § 393.80 – Mirror requirements
- 49 CFR § 392.11 – Failure to check blind spots
- 49 CFR § 392.82 – Distracted driving
Colorado-Specific Factors: The I-25 corridor has heavy commuter traffic where trucks frequently change lanes. Denver’s Mousetrap interchange (I-25/I-70) requires multiple lane changes in heavy traffic. Colorado Springs’ growing population means more trucks navigating unfamiliar urban routes.
8. Tire Blowout Accidents
What Happens: A truck tire suddenly fails, causing loss of control or creating dangerous debris.
Why It Happens: 18-wheelers have 18 tires, each a potential failure point. Underinflation causes overheating. Overloading exceeds tire capacity. Aging tires develop dry rot. Road debris causes punctures. Colorado’s extreme temperature variations—from subzero mornings to 90°F afternoons—accelerate tire degradation.
FMCSA Violations We Prove:
- 49 CFR § 393.75 – Tire requirements
- 49 CFR § 396.13 – Pre-trip inspection (must include tires)
- 49 CFR § 396.3 – Systematic maintenance
Colorado-Specific Factors: I-70 through Glenwood Canyon has limited shoulder space—tire debris creates immediate hazards with nowhere for drivers to evade. Eastern Colorado’s I-70 corridor has long straight stretches where drivers speed, making blowout reactions more dangerous. High altitude affects tire pressure—proper inflation is critical.
9. Cargo Spill and Hazmat Accidents
What Happens: Improperly secured cargo falls from a truck, or hazardous materials leak or spill.
Why It Happens: Inadequate tiedowns, improper loading, unbalanced weight distribution, and failure to inspect cargo during transit. Hazmat accidents often involve improper placarding, inadequate driver training, or container failures.
FMCSA Violations We Prove:
- 49 CFR § 393.100-136 – Cargo securement standards
- 49 CFR § 397 – Hazardous materials regulations
- 49 CFR § 172 – Hazardous materials placarding
Colorado-Specific Factors: I-70 through Glenwood Canyon has hazmat restrictions—trucks carrying certain materials must use alternate routes, often adding hundreds of miles. Violations of these restrictions create strict liability. The Denver metropolitan area has numerous fuel terminals and chemical facilities generating hazmat traffic. Colorado’s ski industry creates seasonal spikes in propane delivery and construction materials trucking.
10. Head-On Collisions
What Happens: A truck crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.
Why It Happens: Driver fatigue causing lane departure. Falling asleep at the wheel. Distracted driving. Impaired driving. Medical emergencies. Overcorrection after running off the road. Colorado’s long, monotonous stretches of highway—particularly on I-76 and I-70 east of Denver—contribute to highway hypnosis and fatigue-related departures.
FMCSA Violations We Prove:
- 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
Colorado-Specific Factors: US-285 and US-50 in southern Colorado are two-lane highways with heavy truck traffic and limited passing opportunities. Head-on collisions on these routes are often fatal. The I-25 corridor has median crossover incidents where fatigued drivers drift across grass medians. Colorado’s “Move Over” law requires drivers to change lanes for emergency vehicles—violations create secondary collision risks.
The 10 Parties Who May Be Liable for Your Colorado Trucking Accident
Most law firms only look at the truck driver. 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:
- Speeding or reckless driving for conditions
- Distracted driving (cell phone, dispatch communications)
- Fatigued driving beyond federal hours-of-service limits
- Impaired driving (drugs, alcohol, prescription medications)
- Failure to conduct proper pre-trip inspections
- Violation of Colorado traffic laws or federal regulations
We obtain the driver’s complete history: ELD data showing hours of service, drug and alcohol test results, cell phone records, previous accident history, and training records.
2. The Trucking Company / Motor Carrier
The trucking company is often the most important defendant because they carry the highest insurance limits. Under respondeat superior, employers are liable for employees’ negligent acts within the scope of employment.
We also pursue direct negligence claims against trucking companies:
- Negligent hiring: Failed to check driver’s background, driving record, or qualifications
- Negligent training: Inadequate training on mountain driving, cargo securement, hours of service
- Negligent supervision: Failed to monitor driver performance, ELD compliance, or safety violations
- Negligent maintenance: Failed to maintain vehicle in safe condition
- Negligent scheduling: Pressured drivers to violate hours-of-service regulations to meet delivery deadlines
We subpoena the complete Driver Qualification File, hiring policies, training records, dispatch records showing schedule pressure, and the company’s CSA (Compliance, Safety, Accountability) scores from FMCSA.
3. Cargo Owner / Shipper
The company that owned the cargo may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous nature of cargo
- Requiring overweight loading that exceeded vehicle ratings
- Pressuring carrier to expedite delivery beyond safe limits
Colorado’s ski industry, mining operations, and agricultural sector generate specialized cargo with unique hazards. We investigate shipping contracts, bills of lading, and loading instructions.
4. Cargo Loading Company
Third-party loading companies may be liable for:
- Improper cargo securement violating 49 CFR 393
- Unbalanced load distribution causing rollovers
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, and tiedowns
Colorado’s distribution centers in Denver, Aurora, and Colorado Springs often use third-party loaders. We obtain loading company securement procedures and loader training records.
5. Truck and Trailer Manufacturer
Manufacturers may be liable for:
- Design defects in brake systems, stability control, or fuel tank placement
- Manufacturing defects in critical components
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
We research recall notices, technical service bulletins, and NHTSA complaint databases for similar defects.
6. Parts Manufacturer
Companies that manufactured specific failed components may be liable:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
We preserve failed components for expert analysis and research recall histories.
7. Maintenance Company
Third-party maintenance providers may be liable for:
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or incorrect parts
- Returning vehicles to service with known defects
We obtain maintenance work orders, mechanic qualifications, and parts records.
8. Freight Broker
Brokers who arranged transportation may be liable for negligent carrier selection:
- Selecting a carrier with poor safety record
- Failing to verify carrier insurance and authority
- Failing to check carrier CSA scores
- Selecting cheapest carrier despite safety concerns
We obtain broker-carrier agreements and carrier selection criteria.
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability for:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
We investigate lease agreements and maintenance responsibility allocations.
10. Government Entity
Federal, state, or local government may be liable for:
- Dangerous road design contributing to accidents
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
Colorado’s mountain highways have unique design challenges. We investigate road design specifications, maintenance records, and prior accident history at specific locations.
Federal Regulations That Protect You—And How Trucking Companies Break Them
The Federal Motor Carrier Safety Administration (FMCSA) exists to prevent trucking accidents. When trucking companies violate these regulations, they create the dangerous conditions that cause catastrophic crashes. Proving these violations is often the key to winning your case.
49 CFR Part 391: Driver Qualification Standards
The Law: Trucking companies must verify that every driver is qualified to operate a commercial vehicle. Requirements include:
- Minimum age 21 for interstate commerce
- Valid Commercial Driver’s License (CDL)
- Current medical examiner’s certificate (maximum 2 years)
- Clean driving record check
- Drug and alcohol testing
- Entry-level driver training for new CDL holders
How Companies Break It: We frequently find trucking companies that:
- Hire drivers with suspended CDLs
- Fail to conduct required background checks
- Allow drivers to operate with expired medical certificates
- Ignore positive drug test results
- Fail to verify previous employment and driving history
Your Advantage: When we subpoena the Driver Qualification File and find it’s incomplete or missing, we prove negligent hiring. This opens the trucking company to direct liability beyond just vicarious responsibility for the driver’s actions.
49 CFR Part 392: Driving of Commercial Motor Vehicles
The Law: This section establishes rules for safe operation, including:
§ 392.3 – Ill or Fatigued Operator: “No driver shall operate a commercial motor vehicle… while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe.”
§ 392.5 – Alcohol: Drivers cannot use alcohol within 4 hours of duty, use alcohol while on duty, or operate with BAC of .04 or higher (half the standard .08 for passenger vehicles).
§ 392.82 – Mobile Phone Use: Hand-held mobile telephone use while driving is prohibited. Texting while driving is prohibited.
How Companies Break It: We prove violations through:
- ELD data showing hours-of-service violations leading to fatigue
- Cell phone records proving distracted driving
- Post-accident drug and alcohol testing
- Dispatch records showing pressure to drive while impaired
Your Advantage: These violations are per se negligence—meaning they automatically establish fault without requiring additional proof of carelessness.
49 CFR Part 393: Parts and Accessories for Safe Operation
The Law: This section mandates equipment standards, with particular importance for:
§ 393.100-136 – Cargo Securement: Cargo must be contained, immobilized, or secured to prevent leaking, spilling, blowing, falling, or shifting that affects vehicle stability. Specific performance criteria require securement systems to withstand:
- 0.8 g deceleration forward (sudden stop)
- 0.5 g acceleration rearward
- 0.5 g lateral force (side-to-side)
§ 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.
§ 393.75 – Tires: Minimum tread depth of 4/32″ on steer tires, 2/32″ on other positions. Tires must be properly inflated and free from defects.
How Companies Break It: We find:
- Inadequate number or strength of tiedowns
- Failure to use blocking, bracing, or friction mats
- Worn or damaged securement equipment
- Overloading beyond securement capacity
- Worn brake pads and improper adjustment
- Underinflated or aging tires
Your Advantage: Equipment violations are documentary—we subpoena maintenance records, inspection reports, and the physical evidence to prove systematic neglect.
49 CFR Part 395: Hours of Service (HOS) Regulations
The Law: These are the most commonly violated regulations in trucking accidents. For property-carrying drivers:
| Limit | Requirement |
|---|---|
| 11-Hour Driving | Maximum 11 hours after 10 consecutive hours off duty |
| 14-Hour Window | Cannot drive beyond 14th consecutive hour after coming on duty |
| 30-Minute Break | Required after 8 cumulative hours of driving |
| 60/70-Hour Weekly | Cannot drive after 60 hours in 7 days or 70 hours in 8 days |
| 34-Hour Restart | Can reset weekly limits with 34 consecutive hours off duty |
Electronic Logging Device (ELD) Mandate: Since December 18, 2017, most drivers must use ELDs that automatically record driving time and synchronize with the vehicle engine. Unlike paper logs, ELDs cannot be easily falsified.
How Companies Break It: We prove violations through:
- ELD data showing driving beyond 11-hour limit
- Dispatch records showing schedules that require HOS violations
- Driver admissions in post-accident interviews
- Cell phone data showing activity during required rest periods
Your Advantage: HOS violations are objective and documented. The ELD data doesn’t lie. When we prove a driver was on their 14th hour of duty, we prove fatigue caused the crash.
49 CFR Part 396: Inspection, Repair, and Maintenance
The Law: Motor carriers must systematically inspect, repair, and maintain all vehicles.
§ 396.11 – Driver Vehicle Inspection Report (DVIR): Drivers must prepare a written report after each day’s work on the vehicle’s 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
§ 396.17 – Annual Inspection: Every CMV must pass a comprehensive annual inspection. Records must be retained for 14 months.
How Companies Break It: We find:
- Drivers signing DVIRs without actual inspection
- Known defects reported but not repaired
- Deferred maintenance to save costs
- Missing or falsified annual inspection records
Your Advantage: Maintenance violations show systematic corporate neglect—not just driver error. This opens the door to punitive damages.
The Evidence That Wins Colorado Trucking Cases—and Why It Disappears Fast
Trucking companies don’t wait to protect themselves. Within hours of an accident, they deploy rapid-response teams—lawyers, investigators, and insurance adjusters whose sole job is to minimize the company’s liability.
You need an attorney who moves just as fast. At Attorney911, we send spoliation letters within 24 hours of being retained—legal notices that put the trucking company on notice to preserve all evidence. Destroying evidence after receiving our letter can result in court sanctions, adverse jury instructions, or even default judgment.
Critical Evidence We Preserve
| Evidence Type | What It Shows | Destruction Risk |
|---|---|---|
| ECM/Black Box Data | Speed, braking, throttle position, fault codes | Overwrites in 30 days or with new driving events |
| ELD Records | Hours of service, duty status, GPS location | FMCSA only requires 6-month retention |
| Dashcam Footage | Video of crash and driver behavior | Often deleted within 7-14 days |
| Driver Qualification File | Hiring background, training, medical certification | Can be “lost” if damaging |
| Maintenance Records | Inspection reports, repair history, known defects | Selective retention common |
| Dispatch Records | Schedule pressure, route instructions, communications | Digital records can be purged |
| Cell Phone Records | Distracted driving evidence | Requires prompt subpoena |
| Surveillance Video | Nearby business cameras showing crash | Overwrites in 7-30 days |
| Witness Statements | Independent accounts of crash | Memories fade; contact info lost |
The Spoliation Letter: Your Evidence Insurance Policy
When we send a spoliation letter, we demand preservation of:
Electronic Data:
- ECM/EDR downloads
- 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 for 1+ years
- 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
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
Once our spoliation letter is received, the trucking company has a legal duty to preserve this evidence. Destroying it after notice can result in:
- Adverse inference instructions: The jury is told to assume destroyed evidence was unfavorable to the trucking company
- Monetary sanctions: Fines and penalties
- Default judgment: In extreme cases, the court may rule against the company automatically
Catastrophic Injuries: The True Cost of Colorado Trucking Accidents
The physics of an 80,000-pound truck against a 4,000-pound passenger vehicle are brutal. We represent clients who have suffered life-altering injuries—and we fight for the full compensation they need to rebuild their lives.
Traumatic Brain Injury (TBI)
What It Is: Damage to the brain from sudden trauma—impact with steering wheel, dashboard, or violent shaking of the brain within the skull.
Severity Levels:
- Mild (Concussion): Headache, confusion, brief loss of consciousness. May seem minor but can 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 affecting memory, concentration, and decision-making
- Inability to work or need for vocational rehabilitation
- Ongoing care and supervision needs
- Increased risk of dementia and Alzheimer’s disease
- Depression, anxiety, and personality changes
Settlement Range: $1,548,000 – $9,838,000+
Spinal Cord Injury and Paralysis
What It Is: Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
- Paraplegia: Loss of function below the waist. Cannot walk, may affect bladder and 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 level. Total loss of sensation and movement.
Lifetime Care Costs:
- Paraplegia: $1.1 million – $2.5 million+
- Quadriplegia: $3.5 million – $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
Common in Trucking 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 (every 3-5 years)
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling for body image and trauma
Impact on Life:
- Permanent disability and career limitations
- Phantom limb pain
- Body image and psychological trauma
- Need for home modifications (ramps, widened doorways)
- Dependency on others for daily activities
Settlement Range: $1,945,000 – $8,630,000
Severe Burns
How Burns Occur in Trucking 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 and infection risks
- Psychological trauma
Wrongful Death
When a Trucking Accident Kills:
Colorado law allows 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 (primary right)
- Children (if no spouse, or with spouse)
- Parents (if no spouse or children)
Types of Claims:
- Wrongful Death Action: Compensation for survivors’ losses (lost companionship, mental anguish)
- Survival Action: Compensation for decedent’s pain and 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)
Colorado-Specific Consideration: Colorado has a two-year statute of limitations for wrongful death claims. However, if the death resulted from a hit-and-run or the defendant’s identity was unknown, different rules may apply. Immediate investigation is critical.
Settlement Range: $1,910,000 – $9,520,000+
Colorado Trucking Accident FAQ: What Victims Need to Know
Immediate After-Accident Questions
What should I do immediately after an 18-wheeler accident in Colorado?
If you’ve been in a trucking accident in Colorado, take these steps immediately if you’re able:
- Call 911 and report the accident—Colorado State Patrol handles most highway incidents
- Seek medical attention, even if injuries seem minor—altitude can mask symptoms
- Document the scene with photos and video if possible—weather changes fast in Colorado
- 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—evidence disappears fast at altitude
Should I go to the hospital after a truck accident even if I feel okay?
YES. Adrenaline masks pain after traumatic accidents. At Colorado’s elevation, reduced oxygen can also mask symptoms of internal injuries, TBI, and spinal damage. Colorado hospitals and trauma centers—like Denver Health, UCHealth in Aurora, or St. Anthony in Lakewood—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 Colorado?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door—required for all interstate carriers)
- 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—Colorado weather can change rapidly
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 Lupe Peña, a former insurance defense attorney who spent years inside the system. He knows exactly how these adjusters are trained to protect the trucking company’s interests—and now he uses that knowledge to fight for you.
How quickly should I contact an 18-wheeler accident attorney in Colorado?
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. At Colorado’s elevation and with rapidly changing weather, physical evidence at the scene can also disappear fast. 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—including adverse jury instructions, monetary sanctions, or even default judgment.
Trucking Company & Driver Questions
Who can I sue after an 18-wheeler accident in Colorado?
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. In Colorado’s complex trucking environment—where mountain passes, distribution hubs, and cross-border freight create multiple touchpoints—this comprehensive approach is essential.
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, especially for mountain driving)
- Negligent supervision (failing to monitor driver behavior, ELD compliance)
- Negligent maintenance (poor vehicle upkeep)
- Negligent scheduling (pressuring drivers to violate hours-of-service regulations)
Colorado’s mountain corridors require specialized training that many trucking companies fail to provide. When a driver unfamiliar with mountain grades causes a brake-fade accident, the company’s failure to train becomes direct evidence of negligence.
What if the truck driver says the accident was my fault?
Colorado uses a modified comparative negligence system with a 50% bar. This means:
- If you are 50% or less at fault, you can recover damages reduced by your percentage of fault
- If you are more than 50% at fault, you recover nothing
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. In Colorado’s rapidly changing weather conditions, we also prove when drivers failed to adjust for conditions they should have anticipated.
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. In Colorado’s freight corridors, owner-operators are common, and their insurance situations vary widely.
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. In Colorado, we also check with the Colorado State Patrol and Colorado Department of Transportation for state-level violations and incident reports.
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 and force
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location and route history
This objective data often contradicts what drivers claim happened. In Colorado’s mountain corridors, ECM data proving excessive speed for grade conditions is particularly powerful evidence.
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—particularly on Colorado’s long-haul corridors where drivers push through fatigue to reach destinations.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6-month retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything. In Colorado’s remote areas, where trucks may operate for weeks without returning to terminal, data retention practices vary and require immediate investigation.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data downloads
- ELD records and GPS tracking
- Complete Driver Qualification File
- Maintenance and repair records
- Inspection reports
- Dispatch logs showing schedule pressure
- 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 for intentional destruction
Our immediate spoliation letters make destruction legally perilous for trucking companies.
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—particularly critical on Colorado’s mountain roads where split-second decisions matter.
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—though ELDs make this harder)
- 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 from state licensing authority
- Previous employer verification (3-year history)
- Medical certification and exam records
- Drug test results (pre-employment and random)
- Training documentation
Missing or incomplete files prove negligent hiring. We subpoena these records in every case. When we find a company hired a driver with a history of accidents, violations, or medical disqualification, we prove they knew—or should have known—they were putting a dangerous driver on Colorado’s roads.
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.
In Colorado’s extreme conditions, pre-trip inspections are particularly critical. A driver who fails to check tire pressure before ascending to 10,000+ feet elevation is negligent—pressure drops significantly at altitude, and underinflation causes blowouts.
Injury & Medical Questions
What injuries are common in 18-wheeler accidents in Colorado?
Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:
- Traumatic brain injury (TBI) from impact or violent shaking
- Spinal cord injuries and paralysis from crushing forces
- Amputations from entrapment or severe trauma
- Severe burns from fuel fires or hazmat exposure
- Internal organ damage from blunt force trauma
- Multiple fractures from crushing impacts
- Wrongful death
Colorado’s elevation complicates medical treatment—oxygen levels are lower, affecting healing. Remote locations mean longer emergency response times, potentially worsening outcomes.
How much are 18-wheeler accident cases worth in Colorado?
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 secured verdicts and settlements ranging from hundreds of thousands to millions.
Colorado’s modified comparative negligence system (50% bar) affects value—if you’re found more than 50% at fault, you recover nothing. This makes proving the trucking company’s fault critical.
What if my loved one was killed in a trucking accident in Colorado?
Colorado allows wrongful death claims by surviving family members. You may recover:
- Lost future income and benefits
- Loss of companionship and guidance
- Mental anguish
- Funeral expenses
- Medical expenses before death
- Punitive damages if gross negligence
Colorado’s two-year statute of limitations applies to wrongful death claims. However, certain circumstances may affect this deadline. Immediate investigation is critical to preserve evidence and identify all liable parties.
Legal Process Questions
How long do I have to file an 18-wheeler accident lawsuit in Colorado?
Colorado’s statute of limitations for personal injury is two years from the date of the accident. For wrongful death, it’s also two years from the date of death.
But waiting is dangerous. Evidence disappears, witnesses forget, and trucking companies are building their defense right now. We recommend contacting an attorney within days, not months.
How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
Colorado’s court system has experienced backlogs, particularly in Denver and El Paso counties. 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. Ralph Manginello’s 25+ years of courtroom experience and federal court admission give us credibility that translates to better settlement offers.
Do I need to pay anything upfront to hire your firm?
NO. We work on contingency—you pay absolutely 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.
This is particularly important for Colorado families dealing with catastrophic injuries. You need legal representation immediately, not when you can afford it.
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, rather than leaving victims with unpaid medical bills.
Colorado’s mountain corridors see significant hazmat traffic (fuel, chemicals for mining and ski operations), potentially triggering the $5 million coverage requirement.
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. In Colorado’s complex freight environment—where owner-operators, large carriers, and specialized hazmat haulers mix—this comprehensive approach is essential.
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.
This is especially true in Colorado, where altitude and remote locations can delay the full manifestation of injuries. What seems like a minor injury at 5,000 feet may worsen significantly—and you can’t renegotiate after accepting a settlement.
Why Colorado Trucking Accident Victims Choose Attorney911
25+ Years of Fighting for Trucking Accident Victims
Ralph Manginello has been holding trucking companies accountable since 1998. That experience matters in Colorado, where the combination of mountain terrain, extreme weather, and heavy freight traffic creates unique accident scenarios that inexperienced attorneys simply don’t understand.
Our track record includes:
- $5+ million for a traumatic brain injury victim struck by a falling log
- $3.8+ million for a client who suffered partial leg amputation after a car crash
- $2.5+ million in commercial trucking crash recoveries
- $2+ million for a maritime worker with a back injury
- Multi-million dollar results for wrongful death cases
The Insurance Defense Advantage: Lupe Peña
Most firms don’t have this weapon. Lupe Peña, our associate attorney, spent years working at a national insurance defense firm. He watched adjusters minimize claims. He saw how they train their people to lowball victims. He knows exactly what evidence they look for and how they evaluate cases.
Now he uses that insider knowledge to fight for you. When Lupe negotiates with insurance companies, he knows when they’re bluffing and when they’ll pay. That advantage translates directly to better settlements for our clients.
Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas—and his federal court experience matters for Colorado cases. Interstate trucking cases often involve federal regulations, multi-state parties, and questions of federal jurisdiction. Having an attorney who understands federal practice gives you an advantage in complex litigation.
Spanish-Language Representation
Hablamos Español. Lupe Peña is fluent in Spanish and provides direct representation without interpreters. This matters in Colorado, where many trucking industry workers and accident victims are Spanish-speaking. Clear communication builds trust and ensures nothing is lost in translation.
Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.
Colorado Trucking Corridors: Where Accidents Happen
Understanding Colorado’s major freight routes helps us investigate your case and prove negligence. Here’s where we see the most serious accidents:
I-70: The Mountain Corridor
The Route: From Utah border through Grand Junction, Glenwood Springs, Vail, the Eisenhower Tunnel, and down to Denver.
The Dangers:
- Eisenhower Tunnel: Highest vehicle tunnel in North America. Hazmat restrictions force dangerous reroutes.
- Glenwood Canyon: Narrow, winding road with no shoulder, rockfall hazards, and frequent closures.
- Vail Pass: 7% grades with severe weather conditions.
- Runaway truck ramps: Multiple emergency ramps exist because brake failure is a known, predictable hazard.
FMCSA Relevance: 49 CFR § 392.6 requires drivers to reduce speed for conditions. On I-70, “conditions” include grades, curves, weather, and altitude effects on engine performance. We prove when drivers failed to adjust.
I-25: The Front Range Corridor
The Route: From New Mexico border through Colorado Springs, Denver, and north to Wyoming.
The Dangers:
- Denver’s “Mousetrap”: The I-25/I-70 interchange is one of the most complex in the nation, with frequent lane changes and merging truck traffic.
- Colorado Springs growth: Rapid population growth means construction zones and unfamiliar routes for truckers.
- Fort Collins to Wyoming: Heavy freight traffic to and from the Bakken oil fields creates congestion and pressure to meet delivery schedules.
FMCSA Relevance: 49 CFR § 392.11 (following too closely) and § 392.82 (no mobile phone use) are frequently violated in heavy traffic corridors. ELD data proves when drivers were fatigued from long hauls.
I-76: The Eastern Plains Corridor
The Route: From Denver northeast to Sterling and the Nebraska border.
The Dangers:
- High winds: The flat terrain creates sustained winds that can blow over high-profile trailers.
- Long, monotonous stretches: Highway hypnosis and fatigue are common.
- Limited services: Long distances between truck stops create pressure to drive beyond safe hours.
- Winter storms: The plains see blizzard conditions that white out roads with little warning.
FMCSA Relevance: 49 CFR § 392.14 requires “extreme caution” in hazardous conditions. We prove when drivers continued operating in conditions that should have stopped them—using weather data, road condition reports, and ELD logs showing they didn’t pull over.
The Insurance Battle: Why Trucking Cases Are Different
Trucking accidents aren’t like car accidents. The insurance landscape is completely different—and you need an attorney who understands how to navigate it.
Federal Insurance Minimums: The Floor, Not the Ceiling
| Cargo Type | Federal Minimum | Typical Coverage |
|---|---|---|
| General freight (non-hazmat) | $750,000 | $1-2 million |
| Oil/petroleum, large equipment | $1,000,000 | $2-5 million |
| Hazardous materials | $5,000,000 | $5-10 million |
These are minimums. Many carriers carry excess coverage above these amounts. And when multiple parties are liable—trucking company, cargo owner, broker, maintenance company—multiple insurance policies may apply.
The MCS-90 Endorsement: Your Safety Net
The MCS-90 endorsement is a critical but little-known protection. Required for all interstate carriers, it guarantees that minimum damages will be paid to any injured victim, even if:
- The standard policy doesn’t cover the accident
- The driver was at fault
- The injured party is not an employee
- No other compensation source exists
This endorsement can be the difference between recovery and nothing when insurance companies deny coverage. We know how to invoke it.
Why Insurance Companies Fight Harder in Colorado
Colorado’s modified comparative negligence system (50% bar) creates incentives for insurance companies to shift blame. If they can prove you were more than 50% at fault, they pay nothing. Even if you’re 49% at fault, they reduce your recovery by nearly half.
This is why evidence preservation is critical. The trucking company’s insurance adjuster is working right now to build a case that you were at fault. You need someone working just as hard for you.
What to Expect: Your Colorado Trucking Accident Case
Phase 1: Immediate Response (0-72 Hours)
When you call Attorney911 at 1-888-ATTY-911, we:
- Accept your case and send spoliation letters same day
- Deploy accident reconstruction expert to scene if needed
- Obtain police crash report from Colorado State Patrol or local agency
- Photograph client injuries with medical documentation
- Photograph all vehicles before repair or disposal
- Identify all potentially liable parties
Phase 2: Evidence Gathering (Days 1-30)
We build your case through:
- Subpoena of ELD/black box data downloads
- Request for driver’s paper log books (backup documentation)
- Complete Driver Qualification File from carrier
- All truck maintenance and inspection records
- Carrier’s CSA safety scores and inspection history
- Driver’s complete Motor Vehicle Record (MVR)
- Subpoena of driver’s cell phone records
- Dispatch records and delivery schedules
- Weather data and road condition reports
Phase 3: Expert Analysis
We retain top experts to prove your case:
- Accident reconstruction specialist: Creates crash analysis using physics and engineering principles
- Medical experts: Establish causation and future care needs
- Vocational experts: Calculate lost earning capacity
- Economic experts: Determine present value of all damages
- Life care planners: Develop comprehensive care plans for catastrophic injuries
- FMCSA regulation experts: Identify all regulatory violations
Phase 4: Litigation Strategy
We build for maximum recovery:
- File lawsuit before Colorado’s 2-year statute of limitations expires
- Pursue aggressive discovery against all potentially liable parties
- Depose truck driver, dispatcher, safety manager, maintenance personnel
- Build case for trial while negotiating settlement from position of strength
- Prepare every case as if going to trial—this creates leverage in negotiations
Colorado-Specific Legal Considerations
Statute of Limitations: Two Years, But Don’t Wait
Colorado gives you two years from the date of the accident to file a personal injury lawsuit. For wrongful death, it’s two years from the date of death.
But waiting is dangerous. Evidence disappears fast in trucking cases:
- ECM data: 30 days or less
- ELD records: 6 months minimum retention, but often purged
- Dashcam footage: 7-14 days typical
- Witness memories: Fade within weeks
- Physical evidence: Vehicles repaired, sold, or scrapped
We recommend contacting an attorney within days, not months.
Modified Comparative Negligence: The 50% Bar
Colorado follows modified comparative negligence with a 50% bar. This means:
- If you are 50% or less at fault, you recover damages reduced by your percentage
- If you are 51% or more at fault, you recover nothing
Example: If your damages are $1 million and you’re found 30% at fault, you recover $700,000. If you’re found 51% at fault, you recover $0.
This makes proving the trucking company’s fault critical. The trucking company’s insurance adjuster is working right now to build a case that you were primarily at fault. You need someone working just as hard for you.
No-Fault Insurance: Not Applicable
Colorado is not a no-fault state. This means you can pursue a claim against the at-fault party’s insurance without first exhausting your own personal injury protection (PIP) coverage. This is advantageous for serious injury cases where the at-fault party has substantial insurance.
Damage Caps: None for Most Cases
Colorado does not cap compensatory damages (economic and non-economic) in most personal injury cases. This means your full damages—including pain and suffering—are recoverable.
However, Colorado does have a $250,000 cap on non-economic damages in medical malpractice cases (with exceptions for catastrophic injuries). This cap does not apply to standard trucking accident cases.
Punitive damages are capped at the amount of compensatory damages awarded (1:1 ratio), unless the court finds “clear and convincing evidence” of willful and wanton conduct, in which case the cap may not apply.
The Attorney911 Difference: Why Colorado Trucking Accident Victims Choose Us
25+ Years of Experience
Ralph Manginello has been fighting for injury victims since 1998. That experience matters in Colorado trucking cases, where the combination of mountain terrain, extreme weather, and federal regulations creates complex liability questions that inexperienced attorneys simply can’t navigate.
Federal Court Admission
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas—and that federal experience translates to Colorado cases. Interstate trucking cases often involve federal regulations, multi-state parties, and questions of federal jurisdiction. Having an attorney who understands federal practice gives you an advantage.
The Insurance Defense Advantage
Lupe Peña, our associate attorney, spent years working at a national insurance defense firm. He watched adjusters minimize claims. He saw how they train their people to lowball victims. He knows exactly what evidence they look for and how they evaluate cases.
Now he uses that insider knowledge to fight for you. When Lupe negotiates with insurance companies, he knows when they’re bluffing and when they’ll pay. That advantage translates directly to better settlements for our clients.
Multi-Million Dollar Results
Our track record speaks for itself:
- $5+ million for a traumatic brain injury victim
- $3.8+ million for a partial leg amputation case
- $2.5+ million in commercial trucking recoveries
- $2+ million for maritime and offshore injuries
We’ve recovered over $50 million for families across all practice areas.
24/7 Availability
Trucking accidents don’t happen on business hours. That’s why we answer calls 24/7 at 1-888-ATTY-911. When you call, you get a real person who understands the urgency of your situation.
Spanish-Language Representation
Hablamos Español. Lupe Peña provides direct Spanish-language representation without interpreters. This matters in Colorado’s diverse communities, where clear communication builds trust and ensures nothing is lost in translation.
Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.
What Our Clients Say
Don’t just take our word for it. Here’s what Colorado and Texas families have said about working with Attorney911:
“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
“Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
— Ernest Cano
“I lost everything… 1 year later I have gained so much in return plus a brand new truck.”
— Kiimarii Yup
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle
Call Attorney911 Today: Your Colorado Trucking Accident Attorneys
Every hour you wait, evidence in your Colorado trucking accident case is disappearing. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company is already building their defense.
What are you doing?
Call Attorney911 NOW at 1-888-ATTY-911 (1-888-288-9911) for a free consultation. We’ll send a preservation letter today to protect your evidence.
Our managing partner, Ralph Manginello, has over 25 years of experience fighting trucking companies in Colorado and across the nation. Our team includes Lupe Peña, a former insurance defense attorney who knows every tactic the trucking company will use against you.
We work on contingency—you pay absolutely nothing unless we win your case. We advance all investigation costs. The trucking company has lawyers working right now to protect them. You deserve the same level of representation.
From Denver to Grand Junction, from Colorado Springs to Fort Collins, we fight for Colorado trucking accident victims.
Call 1-888-ATTY-911 now. Because trucking companies shouldn’t get away with it.
Attorney911 / The Manginello Law Firm, PLLC
Managing Partner: Ralph P. Manginello, 25+ years experience
Associate Attorney: Lupe E. Peña, former insurance defense
Offices: Houston, Austin, Beaumont — serving Colorado and nationwide
Federal Court Admission: U.S. District Court, Southern District of Texas
24/7 Availability: 1-888-ATTY-911 (1-888-288-9911)
Email: ralph@atty911.com | lupe@atty911.com
Website: https://attorney911.com
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.