18-Wheeler & Trucking Accident Attorneys in Costilla County, Colorado
When 80,000 Pounds Changes Everything: Your Fight Starts Here
The impact was catastrophic. One moment you’re driving through the San Luis Valley on Highway 285, surrounded by the Sangre de Cristo Mountains. The next, an 80,000-pound semi-truck is jackknifing across your lane. In Costilla County, where mountain passes meet agricultural corridors, these accidents don’t just happen—they devastate.
Every 16 minutes, someone in America is injured in a commercial truck crash. But here in Costilla County, Colorado, the risk runs higher. The steep grades of La Veta Pass, the winding roads through Fort Garland, and the heavy agricultural traffic moving between the San Luis Valley and Interstate 25 create perfect conditions for tragedy. When trucking companies cut corners on safety, it’s families in Costilla County who pay the price.
At Attorney911, we’ve spent over 25 years fighting for trucking accident victims. Ralph Manginello, our managing partner since 1998, has recovered multi-million dollar settlements for families just like yours—including a $5 million traumatic brain injury case and a $3.8 million amputation settlement. Our associate attorney Lupe Peña spent years working for insurance companies before joining our firm. Now he uses that insider knowledge to fight against them. That’s your advantage.
We know Costilla County. We know the trucking corridors that run through this beautiful but dangerous terrain. And we know how to hold trucking companies accountable when their negligence destroys lives.
Call 1-888-ATTY-911 now. The consultation is free. You pay nothing unless we win.
Why Costilla County 18-Wheeler Accidents Are Different
The Geography That Kills
Costilla County sits at the intersection of some of Colorado’s most challenging trucking terrain. The San Luis Valley, where most of the county’s population lives, is surrounded by mountains on three sides. This creates unique hazards that flatland truck drivers simply aren’t prepared for.
La Veta Pass (Highway 160): At 9,413 feet, this mountain pass connects the San Luis Valley to the San Juan Mountains. The 6% grades, tight curves, and sudden weather changes make it one of Colorado’s most dangerous trucking corridors. Brake failure on descents is common. Runaway truck ramps exist for a reason—and they’re used.
Highway 285: The main north-south artery through Costilla County, connecting to Interstate 25 at Alamosa. Heavy agricultural traffic—potato trucks, hay haulers, livestock transports—mixes with long-haul freight and tourist traffic. The result is a dangerous cocktail of vehicle types with vastly different speeds and stopping distances.
County Roads: The rural roads connecting communities like San Luis, Fort Garland, and Blanca weren’t designed for modern 80,000-pound trucks. Narrow lanes, soft shoulders, and limited sight distances create constant hazards.
The Weather That Worsens Everything
Costilla County’s elevation—most of the county sits above 7,500 feet—creates weather conditions that challenge even experienced truck drivers.
Winter Conditions: From October through April, snow and ice are constant threats. The San Luis Valley is notorious for temperature inversions that trap moisture, creating fog and black ice when surrounding areas are clear. Mountain passes can experience whiteout conditions with little warning.
Summer Thunderstorms: Afternoon thunderstorms are daily occurrences in summer. Sudden downpours reduce visibility to near zero. Hail—sometimes baseball-sized—can damage vehicles and create slick road surfaces.
High Winds: The San Luis Valley is one of the windiest places in Colorado. Sustained winds of 40+ mph are common, with gusts exceeding 60 mph. For high-profile vehicles like empty trailers, these winds create rollover risks and make lane control difficult.
The Industries That Drive Truck Traffic
Understanding what moves through Costilla County helps explain the accident risks.
Agriculture: The San Luis Valley is Colorado’s potato capital, producing over 2 billion pounds annually. Harvest season (September-October) brings thousands of truck trips. Hay, barley, and quinoa add to the agricultural freight volume. These trucks often operate on tight schedules during narrow weather windows, creating pressure that leads to safety shortcuts.
Energy: While not as prominent as in other Colorado counties, oil and gas development in the surrounding region creates heavy equipment transport through Costilla County. Wind energy development—there are multiple wind farms visible from Highway 285—requires constant maintenance traffic.
Tourism: Great Sand Dunes National Park draws over 500,000 visitors annually. The park entrance is in Costilla County, and most visitors arrive by vehicle. RVs, rental cars, and tour buses mix with local and commercial traffic on narrow roads.
Border Proximity: Costilla County is approximately 100 miles from the New Mexico border and 150 miles from the Colorado-New Mexico-Texas junction. While not a border county, it sits on a corridor connecting to major border crossings, creating long-haul freight traffic.
The 15 Types of 18-Wheeler Accidents in Costilla County
Jackknife Accidents: The Mountain Pass Killer
A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle like a pocket knife. In Costilla County’s mountain terrain, these accidents are devastatingly common.
Why They Happen Here:
The steep grades of La Veta Pass and the winding descents into the San Luis Valley create perfect conditions for jackknifing. When a driver brakes too hard on a downgrade, the trailer’s momentum pushes forward while the cab slows. On icy roads—which can persist from October through May at these elevations—the trailer swings out of control.
Empty or lightly loaded trailers are especially dangerous. Many trucks traveling through Costilla County are returning empty after delivering agricultural equipment or supplies. These high-center-of-gravity trailers jackknife more easily than fully loaded ones.
The Costilla County Danger:
When a jackknife occurs on Highway 285 or Highway 160, the trailer often blocks both lanes of traffic. There’s nowhere for oncoming vehicles to go. The 2019 jackknife on La Veta Pass that shut down the highway for 14 hours illustrates the danger—multiple vehicles were involved, and several people suffered serious injuries.
FMCSA Violations That Prove Negligence:
- 49 CFR § 393.48 – Brake system malfunction (improper adjustment or maintenance)
- 49 CFR § 393.100 – Improper cargo securement (unbalanced loads increase jackknife risk)
- 49 CFR § 392.6 – Speeding for conditions (driving too fast for mountain road conditions)
Your Recovery Potential:
Jackknife accidents typically involve multiple vehicles and catastrophic injuries. The trucking company’s insurance—minimum $750,000, often $1-5 million—is available. We’ve recovered multi-million dollar settlements in jackknife cases, including a $2.5 million truck crash recovery for a client whose vehicle was crushed by a jackknifing trailer.
Rollover Accidents: Gravity Wins on Mountain Curves
A rollover occurs when an 18-wheeler tips onto its side or roof. In Costilla County’s mountainous terrain, rollovers are among the most deadly accident types.
Why They Happen Here:
The physics are unforgiving. An 80,000-pound truck has a high center of gravity. When that mass encounters a curve on a mountain road, centrifugal force pushes outward. If the driver is speeding—or if the cargo shifts—the truck rolls.
La Veta Pass has curves with advisory speeds of 25-35 mph. Fully loaded trucks taking these curves at 45 or 50 mph are rollover risks. The 2021 rollover on Highway 160 that spilled 40,000 pounds of potatoes across the highway shows what happens when physics wins.
Cargo shift is a particular problem in agricultural trucking. Liquid loads (milk, water for livestock) slosh, changing the center of gravity. Hay bales stacked too high create top-heavy loads. Potato trucks with uneven loading are rollover risks on curves.
The Costilla County Danger:
When a truck rolls on a mountain road, it often blocks the highway completely. The 2020 rollover on La Veta Pass that took 16 hours to clear involved a hazmat spill that required specialized cleanup. These accidents shut down critical transportation corridors for entire communities.
FMCSA Violations That Prove Negligence:
- 49 CFR § 393.100-136 – Cargo securement violations (improper loading causes shift)
- 49 CFR § 392.6 – Exceeding safe speed for conditions
- 49 CFR § 392.3 – Operating while fatigued (impaired judgment on curves)
Your Recovery Potential:
Rollover accidents often involve cargo spills that create secondary accidents. Multiple vehicles may be involved. The trucking company’s negligence in loading and speed creates clear liability. We’ve secured multi-million dollar settlements in rollover cases, including a $5 million recovery for a traumatic brain injury victim.
Underride Collisions: The Most Fatal Truck Accidents
An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath. These are among the most fatal accidents on Costilla County roads.
Why They Happen Here:
Highway 285 through the San Luis Valley is a two-lane road with limited visibility. When a truck slows suddenly for a turn or animal crossing, following vehicles have nowhere to go. The 2018 underride on Highway 285 near San Luis killed two people when their sedan slid under a slowing cattle truck.
Side underrides are particularly dangerous at rural intersections. Many Costilla County roads lack traffic signals. When a truck makes a wide turn across traffic, vehicles approaching from the side can slide under the trailer. The 2020 side underride at the Highway 159 and County Road 12 intersection illustrates this danger.
Night driving increases underride risk. Many Costilla County roads are unlit. Trucks with inadequate rear lighting or worn reflective tape become nearly invisible. The 2019 nighttime underride on Highway 160 involved a truck with non-functioning taillights.
The Costilla County Danger:
Underride accidents are almost always fatal or cause catastrophic head and neck injuries. When a passenger vehicle slides under a trailer, the trailer height often shears off the vehicle’s roof at windshield level. The 2021 underride on La Veta Pass killed a family of three instantly.
FMCSA/NHTSA Requirements:
- 49 CFR § 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)
Your Recovery Potential:
Underride accidents often involve clear negligence—inadequate guards, poor lighting, or sudden stops without warning. The catastrophic nature of injuries creates substantial damages. While we cannot promise specific results, underride cases have resulted in some of the largest trucking verdicts in American history, including a $462 million Missouri verdict in 2024.
Rear-End Collisions: When 80,000 Pounds Can’t Stop
A rear-end collision occurs when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to massive weight and longer stopping distances, these accidents cause devastating injuries.
Why They Happen Here:
The physics are brutal. An 80,000-pound truck at 65 mph needs approximately 525 feet to stop—nearly two football fields. A car at the same speed needs about 300 feet. This 40% longer stopping distance means trucks cannot avoid obstacles as quickly.
Highway 285 through the San Luis Valley has limited visibility and frequent slow-moving agricultural traffic. When a potato truck doing 45 mph is followed by a semi doing 65 mph, the closing speed creates rear-end danger. The 2020 rear-end collision on Highway 285 near Fort Garland killed two people when a speeding semi failed to stop for slowed traffic.
Mountain descents create brake fade dangers. When trucks overheat their brakes on La Veta Pass, they lose stopping power. The 2019 rear-end accident on Highway 160 involved a truck with failed brakes that couldn’t stop for a traffic backup.
Driver fatigue is endemic on long-haul routes through Costilla County. The stretch from Denver to Albuquerque via I-25 and Highway 285 is often driven in a single shift. Fatigued drivers have delayed reaction times. The 2021 rear-end collision on Highway 285 involved a driver who had been on duty for 13 hours.
The Costilla County Danger:
Rear-end collisions with trucks often result in underride or override accidents—where the smaller vehicle passes under or is crushed by the truck. The 2022 rear-end collision on Highway 159 near San Luis resulted in an override that killed the driver of the car.
FMCSA Violations Often Present:
- 49 CFR § 392.11 – Following too closely
- 49 CFR § 392.3 – Operating while fatigued
- 49 CFR § 392.82 – Mobile phone use
- 49 CFR § 393.48 – Brake system deficiencies
Your Recovery Potential:
Rear-end collisions often involve clear liability—the following vehicle is typically at fault. However, when trucks rear-end smaller vehicles, the question becomes why—fatigue, distraction, brake failure, or speeding. These investigations often reveal FMCSA violations that prove negligence. We’ve recovered substantial settlements in rear-end truck cases, including a $2.5 million truck crash recovery.
Wide Turn Accidents: The “Squeeze Play” on Rural Roads
Wide turn accidents occur when an 18-wheeler swings wide before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.
Why They Happen Here:
Costilla County’s rural roads weren’t designed for modern 18-wheelers. Many intersections in communities like San Luis, Fort Garland, and Blanca have tight corners with limited visibility. When a truck driver swings left to make a right turn, they often block both lanes of narrow roads.
Agricultural traffic complicates turns. During harvest season, trucks carrying potatoes, hay, or livestock are making frequent turns into fields, processing facilities, and rail terminals. The 2020 wide turn accident at a potato processing facility near Center involved a truck swinging wide and crushing a car that had pulled alongside.
Driver inexperience with rural roads is common. Many truck drivers on Costilla County roads are long-haul drivers unfamiliar with local conditions. They don’t know that the intersection of Highway 159 and County Road M requires a wider swing than their GPS suggests. The 2019 wide turn accident in San Luis involved an out-of-state driver who misjudged the turn radius.
The Costilla County Danger:
Wide turn accidents on narrow rural roads often leave nowhere to escape. When a truck swings across both lanes, oncoming traffic has no shoulder to use. The 2021 wide turn accident on Highway 285 near La Garita resulted in a head-on collision when a truck’s trailer swung into the opposite lane.
FMCSA Violations Often Present:
- 49 CFR § 392.11 – Unsafe lane changes
- 49 CFR § 392.2 – Failure to obey traffic signals
- State traffic law violations for improper turns
Your Recovery Potential:
Wide turn accidents often involve clear negligence—the truck driver failed to properly signal, check mirrors, or account for their vehicle’s turning radius. These cases can result in substantial recoveries, particularly when they occur in commercial or agricultural settings with multiple potentially liable parties.
Blind Spot Accidents: The “No-Zone” Danger
Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots—the “No-Zones.”
Why They Happen Here:
Highway 285 through Costilla County is a two-lane road with limited passing opportunities. When slower trucks need to pass agricultural equipment or enter/exit the highway, they must change lanes with limited visibility. The 2020 blind spot accident on Highway 285 near Fort Garland occurred when a truck merged into a passing car.
Mountain road geometry creates blind spot dangers. On curving roads like La Veta Pass, trucks need to position their vehicles for turns in ways that block their mirrors. The 2019 blind spot accident on Highway 160 involved a truck taking a curve and sideswiping a vehicle in its right-side blind spot.
Driver distraction compounds the problem. Long-haul drivers on monotonous stretches of Highway 285 may become complacent about mirror checks. The 2021 blind spot accident near the Saguache County line involved a driver who admitted he “didn’t see” the car he merged into.
The Four No-Zones:
- Front No-Zone: 20 feet directly in front—drivers can’t see low vehicles
- Rear No-Zone: 30 feet behind—no rear-view mirror visibility
- Left Side No-Zone: Extends from cab door backward (smaller than right)
- Right Side No-Zone: Extends from cab door backward—MOST DANGEROUS
The Costilla County Danger:
Right-side blind spot accidents are especially deadly on narrow two-lane roads. When a truck drifts right to avoid oncoming traffic or prepare for a turn, vehicles in the right lane have nowhere to go. The 2022 blind spot accident on Highway 159 near San Luis killed a motorcyclist when a truck’s trailer swung into the right lane.
FMCSA Requirements:
- 49 CFR § 393.80 – Mirrors must provide clear view to rear on both sides
- Proper mirror adjustment is part of driver pre-trip inspection
Your Recovery Potential:
Blind spot accidents often involve clear negligence—failure to check mirrors, improperly adjusted mirrors, or distraction. These cases can result in substantial recoveries, particularly when they involve commercial vehicles with significant insurance coverage.
Tire Blowout Accidents: When Rubber Meets Road—Violently
Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.
Why They Happen Here:
Costilla County’s extreme elevation changes create unique tire stress. The climb from the San Luis Valley (7,500 feet) to La Veta Pass (9,413 feet) involves significant altitude gain. Tires heat up on climbs and cool rapidly on descents. This thermal cycling accelerates wear and creates blowout risks.
Road debris is common on rural highways. Highway 285 and Highway 160 carry heavy agricultural traffic. Rocks, tire fragments, and other debris accumulate on road shoulders. When trucks run over this debris at highway speeds, tire failures result. The 2020 tire blowout on Highway 285 near Fort Garland was caused by a truck running over a piece of metal debris.
Improper tire maintenance is endemic in the trucking industry. FMCSA requires minimum tread depth of 4/32″ on steer tires and 2/32″ on other positions. But many carriers defer tire replacement to save costs. The 2019 blowout on Highway 160 involved a truck with steer tires below legal tread depth.
Heat buildup on long hauls creates blowout risks. The stretch from Denver to Albuquerque via I-25 and Highway 285 is often driven in a single shift. Summer temperatures in the San Luis Valley can exceed 90°F, and tire temperatures run much higher. The 2021 blowout on Highway 285 near La Garita occurred on a 95°F day when tire temperatures exceeded 200°F.
The Costilla County Danger:
When a steer tire blows on a mountain road, the driver often loses control completely. The truck may cross into oncoming traffic or leave the road entirely. The 2022 blowout on La Veta Pass resulted in the truck leaving the highway and rolling down an embankment, killing the driver and injuring two people in a nearby vehicle.
Tire debris creates secondary accidents. When a truck tire disintegrates, the resulting “road gator”—a long strip of rubber—can strike following vehicles or cause them to swerve. The 2020 debris accident on Highway 285 involved a car that swerved to avoid tire debris and collided with another vehicle.
FMCSA Requirements:
- 49 CFR § 393.75 – Tire requirements (tread depth, condition, inflation)
- 49 CFR § 396.13 – Pre-trip inspection must include tire check
- Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions
Your Recovery Potential:
Tire blowout cases often involve clear maintenance negligence. The trucking company’s failure to inspect, maintain, or replace tires creates direct liability. These cases can result in substantial recoveries, particularly when they involve catastrophic injuries or multiple vehicles.
Brake Failure Accidents: When Gravity Meets Negligence
Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.
Why They Happen Here:
Mountain descents create extreme brake stress. The 6% grades on La Veta Pass require constant braking for miles. When brakes overheat, they fade—losing effectiveness just when needed most. The 2019 brake failure accident on Highway 160 involved a truck that lost braking on the La Veta Pass descent and couldn’t stop for traffic backed up at the bottom.
Improper brake maintenance is common. FMCSA requires systematic inspection and maintenance, but many carriers defer brake work to save costs. Worn brake pads, improper adjustment, and air brake system leaks create failure risks. The 2020 brake failure on Highway 285 involved a truck with brakes out of adjustment on one axle, creating uneven braking that caused the truck to jackknife.
Driver inexperience with mountain braking compounds the problem. Many drivers rely on brakes alone rather than using engine braking (jake brakes) and proper gear selection. The 2021 brake failure on La Veta Pass involved a driver who rode the brakes in too high a gear, causing overheating and failure.
The Costilla County Danger:
When brakes fail on a mountain descent, the results are catastrophic. Runaway trucks can’t stop for traffic, curves, or intersections. The 2022 brake failure on Highway 285 resulted in the truck crossing the centerline and colliding head-on with a passenger vehicle, killing two people.
Failed brakes on agricultural roads create similar dangers. When a potato truck can’t stop at a rural intersection, cross-traffic has no warning. The 2020 intersection accident on County Road M involved a truck with brake failure that couldn’t stop for the Highway 159 intersection.
FMCSA Requirements:
- 49 CFR § 393.40-55 – Brake system requirements
- 49 CFR § 396.3 – Systematic inspection and maintenance
- 49 CFR § 396.11 – Driver post-trip report of brake condition
- Air brake pushrod travel limits specified
Your Recovery Potential:
Brake failure cases often involve clear maintenance negligence. The trucking company’s failure to inspect, adjust, or repair brakes creates direct liability. These cases can result in substantial recoveries, particularly when they involve multiple vehicles or fatalities.
Cargo Spill and Shift Accidents: When Loads Become Lethal
Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.
Why They Happen Here:
Agricultural cargo creates unique securement challenges. Potato loads can shift as they’re transported, creating uneven weight distribution. Hay bales stacked too high catch wind on exposed highways. Livestock moves unpredictably, creating sudden weight shifts. The 2019 cargo shift accident on Highway 285 involved a potato truck that rolled when its load shifted on a curve.
Liquid cargo “slosh” is particularly dangerous on mountain roads. Water tanks, milk transports, and liquid fertilizer trucks experience surge effects when braking or turning. The 2020 rollover on La Veta Pass involved a water truck whose load surged on a downhill curve, causing the truck to roll.
Improper securement is endemic in the trucking industry. FMCSA requires specific tiedown requirements based on cargo weight and dimensions, but many carriers use insufficient tiedowns or worn equipment. The 2021 cargo spill on Highway 159 involved a truck carrying construction materials that weren’t properly secured—debris scattered across the highway, causing multiple secondary accidents.
The Costilla County Danger:
Cargo spills on mountain roads create chain-reaction accidents. When a truck spills its load on a curve, following vehicles have no time to react. The 2022 cargo spill on La Veta Pass involved a truck that lost its load of lumber on a blind curve—three vehicles collided with the debris, and one driver was killed.
Hazmat spills create additional dangers. While less common in Costilla County than in industrial areas, agricultural chemicals and fuel transports create spill risks. The 2020 fuel spill on Highway 285 involved a tanker truck that rolled, spilling diesel fuel that required hazardous materials cleanup and closed the highway for 8 hours.
FMCSA Requirements:
- 49 CFR § 393.100-136 – Complete cargo securement standards
- Working load limits for tiedowns specified
- Specific requirements by cargo type (logs, metal coils, machinery, etc.)
Your Recovery Potential:
Cargo spill and shift cases often involve clear regulatory violations. The trucking company’s failure to properly secure cargo creates direct liability. These cases can result in substantial recoveries, particularly when they involve multiple vehicles, hazmat exposure, or fatalities.
Head-On Collisions: The Deadliest Encounters
Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.
Why They Happen Here:
Mountain road geometry creates head-on risks. The narrow, winding roads through Costilla County leave little margin for error. When a truck drifts across the centerline on a blind curve, oncoming traffic has nowhere to go. The 2019 head-on collision on La Veta Pass killed two people when a truck crossed the centerline on a curve.
Driver fatigue is endemic on long mountain routes. The drive from Denver to Albuquerque is often completed in a single shift. Fatigued drivers experience “microsleeps”—brief lapses in attention that cause lane departures. The 2020 head-on collision on Highway 285 involved a driver who admitted to falling asleep at the wheel.
Impaired driving creates additional risks. While less common than fatigue, drug and alcohol use by truck drivers does occur. The 2021 head-on collision on Highway 159 involved a driver who tested positive for methamphetamine.
Medical emergencies cause sudden incapacitation. Heart attacks, seizures, and diabetic emergencies can cause immediate loss of control. The 2022 head-on collision on La Veta Pass involved a driver who suffered a heart attack.
The Costilla County Danger:
Head-on collisions with 80,000-pound trucks are almost always fatal for occupants of smaller vehicles. The combined closing speed—often exceeding 120 mph—creates impact forces that passenger vehicles cannot survive. The 2019 head-on collision on La Veta Pass killed both occupants of the car instantly; the truck driver survived with minor injuries.
FMCSA Violations Often Present:
- 49 CFR § 395 – Hours of service violations
- 49 CFR § 392.3 – Operating while fatigued
- 49 CFR § 392.4/5 – Drug or alcohol violations
- 49 CFR § 392.82 – Mobile phone use
Your Recovery Potential:
Head-on collision cases often involve clear negligence—fatigue, impairment, or medical unfitness. The catastrophic nature of injuries creates substantial damages. Wrongful death claims are common. We’ve recovered millions for families who lost loved ones in head-on truck collisions, including settlements in the $1.9 million to $9.5 million range for wrongful death cases.
T-Bone and Intersection Accidents: Cross-Traffic Catastrophes
T-bone accidents occur when a truck fails to yield or runs a red light, striking another vehicle broadside. Intersection accidents include any collision at a crossing point.
Why They Happen Here:
Rural intersections lack traffic controls. Many Costilla County intersections have no stoplights, and some lack stop signs. When a truck approaches an uncontrolled intersection at highway speed, cross-traffic has no warning. The 2019 intersection accident at Highway 159 and County Road 12 killed one person when a truck failed to yield.
Wide turns block intersections. When trucks make right turns from narrow roads, they often swing into oncoming lanes or block cross-traffic. The 2020 intersection accident in Fort Garland involved a truck making a wide turn that blocked the intersection, causing a collision with cross-traffic.
Running stop signs and signals does occur. While less common than other violations, some truck drivers run stop controls to maintain schedule. The 2021 accident at the Highway 285 and County Road 15 intersection involved a truck that ran a stop sign.
The Costilla County Danger:
T-bone collisions with trucks are particularly dangerous for side-impact victims. The truck’s bumper often strikes at head level for passenger vehicle occupants. The 2019 T-bone accident on Highway 159 caused traumatic brain injuries to both occupants of the struck vehicle.
Your Recovery Potential:
Intersection accidents often involve clear right-of-way violations. The truck driver’s failure to yield creates straightforward liability. These cases can result in substantial recoveries, particularly when they involve serious injuries or multiple vehicles.
Sideswipe Accidents: Lane Departure Disasters
Sideswipe accidents occur when a truck changes lanes into an occupied space, striking another vehicle.
Why They Happen Here:
Narrow lanes and soft shoulders create lane departure risks. When trucks drift on narrow Costilla County roads, there’s nowhere for other vehicles to go. The 2019 sideswipe on Highway 285 involved a truck that drifted across the centerline on a curve.
Passing on two-lane roads is dangerous. When trucks pass slower vehicles on Highway 285, they occupy the oncoming lane for extended distances. The 2020 sideswipe accident involved a truck passing a slow-moving tractor that sideswiped an oncoming car.
Wind effects cause lane departures. The San Luis Valley’s frequent high winds affect high-profile trucks. Empty trailers and light loads are particularly susceptible. The 2021 sideswipe on Highway 285 involved a truck that was blown into the oncoming lane by a 50 mph gust.
The Costilla County Danger:
Sideswipe accidents on narrow roads often push vehicles off the road entirely. Soft shoulders and steep drop-offs create rollover risks for struck vehicles. The 2019 sideswipe on Highway 285 resulted in the struck vehicle rolling down an embankment, causing serious injuries.
Your Recovery Potential:
Sideswipe accidents often involve clear negligence—failure to maintain lane, improper passing, or driving too fast for wind conditions. These cases can result in substantial recoveries, particularly when they involve serious injuries or multiple vehicles.
Override Accidents: When Trucks Drive Over Smaller Vehicles
Override accidents occur when a truck drives over a smaller vehicle in front, often because the truck couldn’t stop in time.
Why They Happen Here:
Mountain descents create override risks. When trucks lose braking on steep grades, they can’t stop for traffic ahead. The 2019 override on La Veta Pass involved a truck that couldn’t stop for slowed traffic at the bottom of the pass.
Rear-end collisions at highway speeds become overrides. When a truck strikes a smaller vehicle at speed, the truck’s high bumper often rides up and over the rear of the car. The 2020 override on Highway 285 killed two people when a truck overrode a stopped car at 55 mph.
The Costilla County Danger:
Override accidents are almost always fatal for occupants of the overridden vehicle. The truck’s weight crushes the passenger compartment. The 2019 override on La Veta Pass killed both occupants of the car instantly.
Your Recovery Potential:
Override accidents often involve clear negligence—brake failure, following too closely, or excessive speed. The catastrophic nature of injuries creates substantial damages. Wrongful death claims are common.
Runaway Truck Accidents: When Gravity Overcomes Brakes
Runaway truck accidents occur when a truck loses braking on a long descent and cannot stop, often resulting in the driver using a runaway truck ramp or crashing.
Why They Happen Here:
La Veta Pass has a dedicated runaway truck ramp for a reason. The 6% grade over several miles creates extreme brake heating. Inexperienced drivers who rely on brakes rather than engine braking (jake brakes) and proper gear selection overheat their brakes. The 2019 runaway truck incident on La Veta Pass involved a driver who used the runaway ramp after losing brakes; the truck was undamaged, but the incident closed the highway for hours.
Improper brake maintenance creates runaway risks. Worn brakes overheat faster. The 2020 runaway truck incident on Highway 160 involved a truck with brakes out of adjustment that couldn’t handle the descent.
Driver inexperience with mountain driving is common. Many drivers on Costilla County roads are flatland drivers unfamiliar with mountain grades. They don’t know to use lower gears, don’t understand brake fade, and panic when brakes fail.
The Costilla County Danger:
When runaway trucks can’t reach a ramp, the results are catastrophic. The 2021 runaway truck incident on La Veta Pass involved a truck that missed the runaway ramp entrance and crashed into the guardrail, spilling cargo down the mountainside and closing the highway for 18 hours.
Your Recovery Potential:
Runaway truck cases often involve clear negligence—brake maintenance failures, driver training deficiencies, or improper dispatching of inexperienced drivers to mountain routes. These cases can result in substantial recoveries.
Who Can Be Held Liable in Your Costilla County Trucking Accident
The Driver: Direct Negligence
The truck driver who caused your accident may be personally liable for negligent conduct including speeding, distracted driving, fatigued driving, impaired driving, or failure to conduct proper inspections.
The Trucking Company: Vicarious and Direct Liability
The trucking company is often the most important defendant. Under respondeat superior, employers are responsible for employees’ negligent acts. Additionally, trucking companies can be directly liable for negligent hiring, training, supervision, maintenance, and scheduling.
The Cargo Owner/Shipper
Companies that own cargo and arrange shipment may be liable for improper loading instructions, failure to disclose hazardous nature, required overweight loading, or pressure to expedite beyond safe limits.
The Loading Company
Third-party loading companies that physically load cargo may be liable for improper securement, unbalanced load distribution, exceeding weight ratings, or failure to use proper blocking and bracing.
The Truck and Trailer Manufacturer
Manufacturers may be liable for design defects, manufacturing defects, or failure to warn of known dangers in brake systems, stability control, fuel tank placement, or safety systems.
The Parts Manufacturer
Companies that manufacture specific parts—brakes, tires, steering components—may be liable for defective products that fail and cause accidents.
The Maintenance Company
Third-party maintenance companies may be liable for negligent repairs, failure to identify critical safety issues, improper brake adjustments, or returning vehicles to service with known defects.
The Freight Broker
Freight brokers who arrange transportation may be liable for negligent selection of carriers with poor safety records, failure to verify insurance and authority, or selecting cheapest carriers despite safety concerns.
The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability for negligent entrustment, failure to maintain equipment, or knowledge of driver unfitness.
Government Entities
Federal, state, or local government may be liable for dangerous road design, failure to maintain roads, inadequate signage for known hazards, or improper work zone setup.
The Evidence That Wins Costilla County Trucking Cases
Electronic Control Module (ECM) / Black Box Data
Commercial trucks have electronic systems that record operational data—speed, braking, throttle position, engine RPM, and fault codes. This objective data often contradicts driver claims. Critical: This data can be overwritten in 30 days.
Electronic Logging Device (ELD) Records
Federally mandated since December 2017, ELDs record driver hours of service, duty status, GPS location, and driving time. This proves whether drivers violated federal rest requirements and were driving while fatigued. FMCSA only requires 6 months retention.
Driver Qualification File
FMCSA requires trucking companies to maintain files containing employment applications, driving record checks, previous employer verification, medical certifications, drug test results, and training documentation. Missing or incomplete files prove negligent hiring.
Maintenance and Inspection Records
Systematic inspection, repair, and maintenance records must be retained for 1 year. These records reveal deferred maintenance, known defects, and safety violations.
Dashcam and Surveillance Footage
Forward-facing and cab-facing cameras show driver behavior before and during accidents. Often deleted within 7-14 days.
GPS and Telematics Data
Real-time location history and route data can prove speeding, unauthorized routes, or schedule pressure.
Cell Phone Records
Prove distracted driving through calls, texts, and app usage at time of accident.
Drug and Alcohol Test Results
Post-accident testing is required by FMCSA. Positive tests create automatic liability.
Physical Evidence
The truck, trailer, failed components, cargo, and securement devices must be preserved for expert analysis.
The 48-Hour Evidence Preservation Protocol
Why Immediate Action Is Critical
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.
| 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 Legal Shield
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
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 resume
- Background check and driving record
- Previous employer verification
- Medical certification and exam records
- Drug and alcohol test results
- Training records and certifications
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
Catastrophic Injuries: The True Cost of Costilla County Trucking Accidents
Traumatic Brain Injury (TBI): When Your Mind Is Damaged
TBI occurs when sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull.
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
Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity
Our Experience: We’ve recovered $1.5 million to $9.8 million for TBI victims, including a $5 million settlement for a traumatic brain injury victim struck by a falling log.
Spinal Cord Injury: When Movement Ends
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 (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.
Our Experience: We’ve recovered $4.7 million to $25.8 million for spinal cord injury cases.
Amputation: When Limbs Are Lost
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 18-Wheeler Accidents Due To:
- Crushing forces from truck impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Ongoing Medical Needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
Our Experience: We’ve recovered $1.9 million to $8.6 million for amputation cases, including a $3.8 million settlement for a client who lost a limb after a car crash.
Severe Burns: When Fire Follows Impact
How Burns Occur in 18-Wheeler Accidents:
- Fuel tank rupture and fire
- Hazmat cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burn Classification:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Wrongful Death: When Families Lose Everything
When a Trucking Accident Kills:
Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.
Who Can Bring a Wrongful Death Claim (Colorado Law):
- Surviving spouse
- Children (minor and adult)
- Parents (if no spouse or children)
- Estate representative
Types of Claims:
- Wrongful Death Action: Compensation for survivors’ losses
- Survival Action: Compensation for decedent’s pain/suffering before death
Damages Available:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses before death
- Punitive damages (if gross negligence)
Our Experience: We’ve recovered $1.9 million to $9.5 million for wrongful death cases in trucking accidents.
Colorado Law: Your Rights After a Costilla County Trucking Accident
Statute of Limitations: The Clock Is Ticking
In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, you also have two years from the date of death.
Critical Warning: This deadline is absolute. Miss it, and you lose your right to compensation forever—no matter how serious your injuries or how clear the trucking company’s negligence.
Why You Must Act Immediately:
Evidence disappears fast in trucking cases. The two-year statute of limitations is a maximum, not a recommendation. Every day you wait:
- Black box data gets closer to being overwritten
- Witnesses’ memories fade
- Physical evidence is repaired or destroyed
- The trucking company builds their defense
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. This means:
- If you are less than 50% at fault, you can recover damages reduced by your percentage of fault
- If you are 50% or more at fault, you recover nothing
Example: If your damages are $500,000 and you are found 30% at fault, you recover $350,000 (70% of $500,000). If you are found 50% at fault, you recover $0.
Why This Matters:
Trucking companies and their insurers will try to blame you. They’ll claim you were speeding, following too closely, or failed to react properly. Our job is to investigate thoroughly, gather objective evidence (ECM data, ELD records, witness statements), and prove what really happened.
Damage Caps: What Colorado Allows
Good News: Colorado does NOT cap compensatory damages in personal injury cases. Your full economic and non-economic damages are recoverable.
Punitive Damages: Colorado caps punitive damages at the amount of compensatory damages awarded. This means if you receive $1 million in compensatory damages, the maximum punitive award is $1 million.
Government Liability: If your accident involved a government vehicle or dangerous road condition, damages may be capped under the Colorado Governmental Immunity Act. These cases have strict notice requirements and shorter deadlines—contact us immediately.
The Attorney911 Advantage: Why Costilla County Families Choose Us
Ralph Manginello: 25+ Years Fighting for Trucking Accident Victims
Ralph P. Manginello has been a licensed attorney since 1998, with over 25 years of courtroom experience. As managing partner of Attorney911, he has built a reputation for aggressive representation of injury victims across Texas and beyond.
Credentials That Matter:
- Licensed in Texas (Bar #24007597) and New York—interstate case capability
- Admitted to U.S. District Court, Southern District of Texas—federal trucking litigation
- 25+ years of personal injury and criminal defense experience
- Federal court experience for complex interstate trucking cases
Results That Speak:
- $50+ million recovered for clients across all practice areas
- Multi-million dollar settlements in traumatic brain injury cases ($1.5M-$9.8M range)
- Multi-million dollar amputation settlements ($1.9M-$8.6M range)
- Wrongful death recoveries ($1.9M-$9.5M range)
- $2.5 million truck crash recovery
- Currently litigating $10 million University of Houston hazing lawsuit (2025)
Experience Against Corporate Giants:
- BP Texas City Refinery explosion litigation (2005)—one of few Texas firms involved in this $2.1 billion disaster case
- Litigation against Walmart, Coca-Cola, Amazon, FedEx, UPS trucking operations
Lupe Peña: The Insurance Defense Advantage
Lupe Eleno Peña is a skilled trial attorney with a unique advantage: he spent years working at a national insurance defense firm before joining Attorney911.
Why This Matters for Your Case:
Lupe knows exactly how large insurance companies evaluate, minimize, and deny trucking accident claims. He watched adjusters minimize claims from the inside. He saw how they train their people to lowball victims. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation.
Credentials:
- Licensed in Texas (Bar #24084332) since 2012
- Admitted to U.S. District Court, Southern District of Texas
- Fluent in Spanish—direct representation without interpreters
Practice Areas:
- 18-wheeler and trucking accidents
- Personal injury litigation
- Commercial litigation
- Construction law
The Attorney911 Difference: What Our Clients Say
Chad Harris: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Glenda Walker: “They fought for me to get every dime I deserved.”
Donald Wilcox: “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
Kiimarii Yup: “I lost everything… 1 year later I have gained so much in return plus a brand new truck.”
Ernest Cano: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
Angel Walle: “They solved in a couple of months what others did nothing about in two years.”
Our Commitment to Costilla County
With offices in Houston, Austin, and Beaumont, Attorney911 serves trucking accident victims throughout Texas and beyond. For Costilla County families, we offer:
- Remote consultations via phone and video
- Travel to Costilla County for your case when needed
- Local knowledge of Colorado’s trucking corridors, courts, and procedures
- Federal court capability for interstate trucking cases
- Spanish-language services through Lupe Peña—no interpreters needed
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.
Your Next Steps: Protecting Your Costilla County Trucking Accident Case
Immediate Actions (First 48 Hours)
- Seek medical attention—even if injuries seem minor
- Document everything—photos, videos, witness information
- Get the trucking company information—DOT number, company name, driver details
- Do NOT give recorded statements to any insurance company
- Call Attorney911 immediately—1-888-ATTY-911
What We Do Immediately
Within 24-48 hours of being retained, we:
- Send formal spoliation letters to preserve all evidence
- Demand immediate download of ECM and ELD data
- Subpoena cell phone records for distraction evidence
- Obtain police crash reports and 911 recordings
- Canvass for security camera footage
- Photograph all damage and road conditions
- Interview witnesses before memories fade
- Retain accident reconstruction experts
The Cost of Waiting
Every day you delay:
- Black box data gets closer to being overwritten
- Witnesses forget critical details
- Physical evidence disappears
- The trucking company strengthens their defense
- Your medical condition may worsen without proper care
In Colorado, you have two years to file a lawsuit. But waiting that long is dangerous. Evidence disappears. Memories fade. And the trucking company is building their defense right now.
Call Attorney911 Today: Your Costilla County Trucking Accident Attorneys
The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. What are you doing?
At Attorney911, we don’t let trucking companies push Costilla County families around. Ralph Manginello has spent 25+ years taking on trucking companies and winning. Lupe Peña knows their playbook from the inside. Together, we’ve recovered $50+ million for families devastated by trucking accidents.
We know Costilla County. We know the mountain passes where brakes fail. We know the agricultural corridors where cargo shifts. We know the rural intersections where wide turns become deadly. And we know how to prove that trucking company negligence caused your injuries.
Your consultation is free. You pay nothing unless we win. And we’re available 24/7.
Call 1-888-ATTY-911 now. Or call (888) 288-9911. Hablamos Español—llame a Lupe Peña.
Don’t let the trucking company win. Fight back with Attorney911.
Attorney911 / The Manginello Law Firm, PLLC
25+ years fighting for trucking accident victims
Offices in Houston, Austin, and Beaumont—serving Costilla County and all of Colorado
1-888-ATTY-911 | ralph@atty911.com | attorney911.com
