18-Wheeler & Trucking Accident Attorneys in Crowley County, Colorado
When 80,000 Pounds Changes Everything
The impact was catastrophic. One moment you’re driving through Crowley County on Highway 96 or making your way toward Ordway on U.S. Route 50. The next, an 18-wheeler is jackknifing across your path, or a fatigued driver drifts into your lane, or a tire blowout sends a massive truck careening toward you.
In an instant, everything changes.
Every 16 minutes, someone in America is injured in a commercial truck crash. But here in Crowley County, Colorado, the risk is even more pronounced. Our position along critical freight corridors connecting Denver to the Eastern Plains, the agricultural shipping routes that feed our regional economy, and the long-haul corridors crossing Colorado’s challenging terrain create conditions where trucking accidents aren’t just possible—they’re statistically more likely.
Over 5,000 people die in trucking accidents every year. 76% of them were in the smaller vehicle. The average 18-wheeler settlement in Colorado exceeds $500,000—but only if you know how to fight for it.
That’s where we come in.
Why Crowley County Trucking Accidents Demand Specialized Legal Representation
Crowley County isn’t like other places in Colorado. Our rural character, our agricultural economy, our position at the intersection of critical freight routes, and our challenging weather conditions create a unique trucking accident landscape that demands attorneys who understand these specific challenges.
The Crowley County Trucking Corridor Reality
Highway 96 runs straight through Crowley County, connecting Ordway to the broader Colorado highway system and serving as a critical route for agricultural freight moving from Eastern Plains farms to processing facilities and distribution centers. U.S. Route 50 provides east-west connectivity that brings long-haul traffic through our communities. These aren’t just roads—they’re economic lifelines that carry massive commercial vehicles through the heart of Crowley County every single day.
The agricultural nature of our economy means seasonal spikes in trucking traffic that other regions don’t experience. During harvest seasons, grain trucks, produce haulers, and livestock transporters flood our highways. These seasonal drivers may be less familiar with Crowley County’s specific road conditions, more likely to be working under deadline pressure, and potentially more prone to the fatigue and distraction that cause catastrophic accidents.
Colorado’s Mountain-Plains Weather Challenges
Crowley County experiences weather conditions that directly contribute to trucking accidents. Our position on the Eastern Plains means we’re subject to the same severe winter storms that affect the Front Range, but with less infrastructure for rapid response. When blizzard conditions hit Highway 96 or U.S. 50, trucks that haven’t adjusted their speed and following distance for conditions become deadly projectiles.
Spring and fall bring their own hazards—sudden thunderstorms, high winds that affect high-profile trailers, and rapidly changing visibility. Summer heat can cause tire blowouts on poorly maintained trucks. These aren’t abstract weather concerns—they’re daily realities for Crowley County drivers sharing roads with massive commercial vehicles.
The Rural Emergency Response Challenge
When a trucking accident occurs in Crowley County, emergency response times can be longer than in urban areas. The distance to Level I trauma centers means critically injured victims may face extended transport times. This reality makes prevention even more critical—and makes holding negligent trucking companies accountable even more important for our community’s safety.
Attorney911: Crowley County’s 18-Wheeler Accident Advocates
For over 25 years, Attorney911 has fought for trucking accident victims across Colorado and throughout the United States. Our managing partner, Ralph Manginello, has been standing up to trucking companies since 1998—and he’s built a team specifically designed to win these complex cases.
Ralph Manginello: 25+ Years of Trucking Litigation Experience
Ralph Manginello didn’t just stumble into trucking accident law—he chose it because he saw how devastating these accidents are for families, and how aggressively trucking companies fight to avoid responsibility. Since 1998, he’s been developing the specialized knowledge that wins these cases.
His federal court admission to the U.S. District Court, Southern District of Texas, is particularly important for Crowley County cases. Many trucking accidents involve interstate commerce, which means federal court jurisdiction. Not every attorney can practice in federal court—Ralph can, and that matters when you’re fighting a national trucking company.
Ralph’s experience in the BP Texas City Refinery explosion litigation demonstrates his ability to take on the largest corporations in the world. That 2005 disaster killed 15 workers and injured 170 more. The total settlements industry-wide exceeded $2.1 billion. Ralph was one of the few Texas attorneys involved in that landmark litigation—and he brings that same tenacity to every trucking case he handles.
Lupe Peña: The Insurance Defense Advantage
Here’s what makes Attorney911 different from every other personal injury firm in Colorado: our associate attorney, Lupe Peña, spent years working as an insurance defense attorney before joining our team.
Think about what that means for your case. Lupe knows exactly how insurance companies evaluate claims—because he used to do it. He knows the formulas they use to calculate settlement offers. He knows how adjusters are trained to minimize payouts. He knows what makes them nervous enough to offer more. He knows when they’re bluffing and when they’ll actually pay.
Now he uses that insider knowledge against them. When Lupe evaluates your Crowley County trucking accident case, he’s not guessing what the insurance company will do—he knows from experience. When he negotiates your settlement, he’s not hoping for a good result—he’s applying proven strategies that work.
This isn’t just a credential on a bio page. This is a genuine competitive advantage that directly benefits every client we represent. When you hire Attorney911, you’re getting an attorney who knows the other side’s playbook—because he used to run plays from it.
Multi-Million Dollar Results That Prove Our Approach Works
We don’t just talk about fighting for trucking accident victims—we’ve done it, repeatedly, with results that change lives.
Our firm has recovered over $50 million for clients across all practice areas. In trucking and catastrophic injury cases specifically, our documented results include:
- $5+ million for a traumatic brain injury victim struck by a falling log at a logging company
- $3.8+ million for a client who suffered a partial leg amputation after a car accident led to staph infection during treatment
- $2.5 million for a commercial truck crash victim
- $2+ million for a maritime worker with a back injury under the Jones Act
- Millions recovered in multiple wrongful death trucking cases
These aren’t just numbers—they represent real people whose lives were devastated by negligence and who we helped put back together. As client Glenda Walker told us after her case settled, “They fought for me to get every dime I deserved.” That’s what we do for every client.
The Attorney911 Difference: What Our Clients Say
We can tell you about our experience and results, but our clients say it better:
Chad Harris put it simply: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Donald Wilcox came to us after another firm rejected his case: “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 described comprehensive recovery: “I lost everything… my car was at a total loss, and because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return plus a brand new truck.”
Ernest Cano captured our fighting spirit: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
Angel Walle appreciated our efficiency: “They solved in a couple of months what others did nothing about in two years.”
These testimonials reflect what we believe: every client deserves to be treated like family, every case deserves maximum effort, and every victim deserves justice.
Understanding 18-Wheeler Accidents in Crowley County: The Complete Picture
To effectively fight for you, we need to understand exactly how your accident happened. Crowley County’s unique geography and economy create specific accident patterns that differ from urban or purely mountainous regions.
Jackknife Accidents on Crowley County Highways
Jackknife accidents occur when a truck’s trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic. In Crowley County, these accidents are particularly dangerous on Highway 96 and U.S. 50 where crosswinds affect high-profile trailers, and where sudden braking on the long straight stretches can cause trailer swing.
The physics are brutal: an 80,000-pound trailer swinging across the roadway creates an unavoidable obstacle for approaching traffic. When we investigate jackknife accidents in Crowley County, we examine ECM data for sudden braking events, review weather conditions for wind and road surface issues, and analyze whether the driver adjusted speed appropriately for conditions.
FMCSA regulations directly relevant to jackknife prevention include 49 CFR § 393.48 (brake system requirements) and 49 CFR § 392.6 (speeding for conditions). When trucking companies fail to maintain brakes or pressure drivers to maintain speed despite hazardous conditions, they violate these regulations—and we hold them accountable.
Rollover Accidents: The Crowley County Risk
Rollover accidents occur when a truck tips onto its side or roof. Crowley County’s position on the Eastern Plains creates unique rollover risks: long straight highways encourage excessive speed, sudden crosswinds affect high-profile trailers, and the rural nature means drivers may be less alert than in more demanding terrain.
The agricultural economy contributes to rollover risk as well. During harvest seasons, grain trucks and produce haulers—often operating under time pressure—may take curves too quickly or fail to properly secure shifting loads. Liquid cargo “slosh” in tanker trucks creates particularly dangerous rollover dynamics on Crowley County’s long straight stretches.
When we investigate rollover accidents, we examine cargo securement compliance under 49 CFR § 393.100-136, analyze speed data from ECM records, and review driver training on rollover prevention. The trucking company’s direct negligence—negligent hiring of inexperienced drivers, negligent training on cargo securement, negligent supervision of loading procedures—often contributes to these preventable tragedies.
Underride Collisions: The Deadliest Truck Accidents
Underride collisions occur when a smaller vehicle crashes into the rear or side of a trailer and slides underneath. These are among the most fatal accidents on American highways, and Crowley County’s mix of local traffic and long-haul freight creates underride risk at every intersection and highway merge.
The physics are horrifying: the trailer height often shears off the passenger compartment at windshield level. Rear underride guards are federally required on trailers manufactured after January 26, 1998 under 49 CFR § 393.86, but many older trailers remain on the road. More critically, there is NO federal requirement for side underride guards—despite side underride being equally deadly.
When we investigate underride accidents in Crowley County, we examine guard compliance and maintenance, analyze whether proper lighting and reflectors were present, and determine whether the trucking company knew of underride risks. The absence of side guards, while not currently a federal violation, may still support negligence claims when combined with other factors like improper lane changes or inadequate lighting.
Rear-End Collisions: Stopping Distance Disasters
Rear-end collisions involving 18-wheelers are particularly devastating because of stopping distance disparities. A fully loaded truck at 65 mph needs approximately 525 feet to stop—nearly two football fields. A passenger car needs roughly 300 feet. This 40% longer stopping distance means truck drivers who follow too closely, drive distracted, or fail to adjust for conditions create deadly hazards.
Crowley County’s highway conditions amplify this risk. The long straight stretches of Highway 96 and U.S. 50 can lull drivers into complacency. Sudden traffic slowdowns—whether from agricultural equipment entering the roadway, wildlife crossings, or weather conditions—can catch inattentive truck drivers unprepared.
When we investigate rear-end collisions, we examine ECM data for following distance calculations, analyze ELD records for fatigue indicators, review cell phone records for distraction evidence, and inspect brake maintenance records under 49 CFR § 393.40-55. The trucking company’s pressure on drivers to maintain schedules despite safety concerns often underlies these preventable crashes.
Wide Turn and Blind Spot Accidents: The “No-Zone” Dangers
Wide turn accidents—sometimes called “squeeze play” accidents—occur when trucks swing wide before completing right turns, creating gaps that other vehicles enter. The truck then completes its turn, crushing the vehicle in the gap. Blind spot accidents occur when trucks change lanes without seeing vehicles in their extensive “no-zones.”
Crowley County’s mix of highway and local road traffic creates unique wide turn and blind spot risks. Agricultural equipment entering roadways, local traffic navigating around slow-moving trucks, and the interaction between long-haul freight and local vehicles at intersections all contribute to these accident types.
The four no-zones around an 18-wheeler are:
- Front No-Zone: 20 feet directly ahead—drivers cannot see low vehicles
- Rear No-Zone: 30 feet behind—no rear-view mirror visibility
- Left Side No-Zone: Extends from cab door backward
- Right Side No-Zone: Much larger than left—most dangerous
When we investigate these accidents, we examine mirror condition and adjustment, analyze turn signal activation data, review driver training on blind spot awareness, and determine whether the trucking company provided adequate training on these specific hazards under 49 CFR § 391.
Tire Blowout and Brake Failure Accidents: Maintenance Negligence
Tire blowout and brake failure accidents represent perhaps the clearest examples of trucking company negligence. These aren’t mysterious mechanical failures—they’re predictable consequences of inadequate maintenance, and federal regulations exist specifically to prevent them.
Crowley County’s conditions make maintenance failures particularly dangerous. Our temperature extremes—summer heat that can exceed 100°F and winter cold that plunges well below freezing—stress tire and brake systems. Our long straight highways encourage sustained high speeds that generate brake heat. Our agricultural economy means trucks encounter varied road conditions, from paved highways to gravel approaches.
Tire blowouts cause approximately 11,000 crashes annually, with 738 fatalities in recent years. Under 49 CFR § 393.75, tires must have minimum tread depth (4/32″ on steer tires, 2/32″ on other positions) and be free from defects. Drivers must inspect tires during pre-trip inspections under 49 CFR § 396.13.
Brake failures contribute to approximately 29% of large truck crashes. The 49 CFR § 393.40-55 brake system requirements are extensive, covering service brakes, parking brakes, air brake systems, and adjustment specifications. The annual inspection requirement under 49 CFR § 396.17 includes comprehensive brake system evaluation.
When we investigate tire blowout and brake failure accidents in Crowley County, we pursue maintenance records with particular urgency. These records often reveal systematic neglect—deferred repairs, ignored driver inspection reports, pressure to keep trucks running despite known defects. The trucking company’s direct negligence in maintaining safe equipment forms the foundation for substantial liability claims.
Colorado Law: What Crowley County Trucking Accident Victims Need to Know
Understanding Colorado’s specific legal framework is essential for maximizing your recovery after a Crowley County trucking accident. State law creates both opportunities and deadlines that experienced attorneys know how to navigate.
Colorado’s 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.
This deadline is absolute. Miss it, and you lose your right to compensation forever—no matter how serious your injuries, no matter how clear the trucking company’s negligence. The Colorado courts enforce this deadline strictly.
But waiting until near the deadline is nearly as dangerous as missing it. Evidence disappears. Black box data can be overwritten in as little as 30 days. ELD records may be retained for only six months. Witness memories fade. The trucking company’s rapid-response team builds their defense while you wait.
We recommend contacting an attorney within days of your accident, not months. At Attorney911, we send spoliation letters within 24 hours of being retained to preserve critical evidence before it’s lost.
Colorado’s Modified Comparative Negligence: You Can Recover Even If Partially at Fault
Colorado follows a modified comparative negligence system with a 50% bar rule. 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 cannot recover any damages
For example, if a jury finds you 30% at fault for a trucking accident and awards $1 million in damages, you would recover $700,000 (the $1 million reduced by your 30% fault).
This rule makes thorough investigation and skilled advocacy essential. The trucking company and their insurer will try to shift blame to you—claiming you were speeding, distracted, or failed to avoid the collision. We fight back with evidence: ECM data, ELD records, witness statements, and accident reconstruction that proves where fault truly lies.
Colorado’s Damage Caps: Understanding Your Recovery Potential
Colorado does cap non-economic damages in personal injury cases, but with important exceptions that experienced attorneys know how to navigate.
Non-Economic Damage Cap:
- General cap: $250,000 (adjusted for inflation, approximately $300,000 as of recent years)
- Can be increased to $500,000 with “clear and convincing evidence” of justification
Exceptions to the Cap:
- Wrongful death cases have different rules
- Punitive damages are calculated separately
- Economic damages (medical bills, lost wages) are not capped
Punitive Damages in Colorado:
Colorado allows punitive damages when the defendant acted with fraud, malice, or willful and wanton conduct. The standard is high, but trucking companies that knowingly put dangerous drivers on the road, falsify maintenance records, or destroy evidence may face punitive damages.
The cap on punitive damages in Colorado is equal to the amount of compensatory damages awarded—meaning if you receive $1 million in compensatory damages, you can receive up to an additional $1 million in punitive damages.
Federal Preemption: When Federal Law Controls
Trucking is heavily regulated by federal law, and federal regulations often preempt (override) state law. This can work in your favor:
- FMCSA regulations (49 CFR Parts 390-399) apply nationwide
- Violations of federal regulations create negligence per se (automatic negligence)
- Federal minimum insurance requirements ($750,000-$5 million) override state minimums
- Federal hours of service rules limit what trucking companies can demand of drivers
Understanding the interplay between Colorado state law and federal trucking regulations requires specialized knowledge. At Attorney911, we’ve spent 25+ years mastering this complex area of law.
The 10 Parties Who May Be Liable for Your Crowley County Trucking Accident
Most law firms identify the truck driver and trucking company, then stop. That’s a mistake that costs victims millions. At Attorney911, we investigate every potentially liable party—because more defendants means more insurance coverage means higher compensation for you.
1. The Truck Driver
The driver who caused your accident may be personally liable for negligent conduct including:
- Speeding or reckless driving
- Distracted driving (cell phone, texting, dispatch communications)
- Fatigued driving beyond federal hours of service limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
- Failure to yield, improper lane changes, running red lights
We pursue the driver’s personal assets and insurance when available, but more importantly, we use driver negligence to establish employer liability.
2. The Trucking Company / Motor Carrier
The trucking company is often your primary recovery target because they carry the highest insurance limits and bear the greatest responsibility for safety.
Vicarious Liability (Respondeat Superior):
Under this doctrine, employers are responsible for employees’ negligent acts within the scope of employment. When a truck driver causes an accident while performing job duties, the trucking company is liable.
Direct Negligence Claims:
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Negligent Hiring: The company failed to check the driver’s background, driving record, or qualifications. Maybe they hired a driver with multiple DUIs, or a driver whose CDL had been suspended, or a driver with a history of accidents the company never investigated.
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Negligent Training: The company provided inadequate training on safety procedures, cargo securement, hours of service compliance, or hazardous weather driving. A driver thrown onto Crowley County highways without proper training for our specific conditions is a danger to everyone.
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Negligent Supervision: The company failed to monitor driver performance, ELD compliance, or safety violations. They knew or should have known their driver was violating hours of service, speeding, or driving unsafely—and they did nothing.
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Negligent Maintenance: The company failed to maintain vehicles in safe condition, deferring brake repairs, ignoring tire wear, or skipping required inspections to keep trucks on the road.
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Negligent Scheduling: The company pressured drivers to violate hours of service regulations to meet delivery deadlines, creating fatigued drivers on Crowley County highways.
We subpoena the company’s complete safety record, Driver Qualification Files, maintenance records, dispatch logs, and CSA scores to prove every form of negligence.
3. Cargo Owner / Shipper
The company that owned the cargo being transported may share liability if they:
- Provided improper loading instructions
- Failed to disclose hazardous nature of cargo
- Required overweight loading beyond safe limits
- Pressured the carrier to expedite delivery beyond safe limits
- Misrepresented cargo weight or characteristics
In Crowley County’s agricultural economy, grain shippers, produce distributors, and livestock operations may bear responsibility when their loading requirements create dangerous conditions.
4. Cargo Loading Company
Third-party loading companies that physically place cargo on trucks may be liable for:
- Improper cargo securement violating 49 CFR § 393.100-136
- Unbalanced load distribution causing instability
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, and tiedowns
- Inadequate loader training on securement requirements
5. Truck and Trailer Manufacturer
The companies that designed and built the truck, trailer, or major components may be liable for:
- Design defects in brake systems, stability control, or fuel tank placement
- Manufacturing defects like faulty welds or component failures
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
6. Parts Manufacturer
Companies that manufactured specific components may be liable for:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
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
- Use of substandard or incorrect parts
- Returning vehicles to service with known defects
8. Freight Broker
Freight brokers who arranged the transportation may be liable for:
- Negligent selection of carrier with poor safety record
- Failure to verify carrier insurance and operating authority
- Failure to check carrier CSA scores
- Selecting cheapest carrier despite safety concerns
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may be liable for:
- Negligent entrustment of vehicle to unfit driver
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
10. Government Entity
Federal, state, or local government may be liable for:
- Dangerous road design contributing to accident
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
Government claims involve special procedures and shorter deadlines. We navigate these complexities when road conditions contribute to Crowley County trucking accidents.
FMCSA Regulations: The Rules Trucking Companies Break
The Federal Motor Carrier Safety Administration (FMCSA) regulates every aspect of commercial trucking. When trucking companies violate these regulations, they create the dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.
49 CFR Part 390: General Applicability
This part establishes who must comply with federal trucking regulations. It applies to all motor carriers operating commercial motor vehicles in interstate commerce, all drivers of such vehicles, and all vehicles with a Gross Vehicle Weight Rating (GVWR) over 10,001 pounds.
The key definition is the Commercial Motor Vehicle (CMV): any vehicle with GVWR over 10,001 pounds, designed to transport 16 or more passengers, or transporting hazardous materials requiring placards. Most 18-wheelers on Crowley County highways meet this definition and are subject to federal regulation.
49 CFR Part 391: Driver Qualification Standards
This part establishes who is qualified to drive a commercial motor vehicle—and creates the documentation requirements that trucking companies frequently violate.
Minimum Driver Qualifications (§ 391.11):
A person cannot drive a CMV unless they:
- Are at least 21 years old (interstate) or 18 years old (intrastate)
- Can read and speak English sufficiently to communicate with the public, understand traffic signs, respond to official inquiries, and make entries on reports and records
- Can safely operate the CMV and the specific cargo type
- Are physically qualified under § 391.41
- Have a valid commercial driver’s license (CDL)
- Have completed a driver’s road test or equivalent
- Are not disqualified under § 391.15 (violations, suspensions)
- Have completed required entry-level driver training
Driver Qualification File Requirements (§ 391.51):
Every motor carrier must maintain a Driver Qualification (DQ) File for every driver containing:
- Employment application (§ 391.21)
- Motor vehicle record from state licensing authority
- Road test certificate or equivalent documentation
- Medical examiner’s certificate (valid maximum 2 years)
- Annual driving record review (must be conducted and documented)
- Previous employer inquiries (3-year driving history investigation)
- Drug and alcohol test records
Why This Matters for Your Case:
Missing or incomplete DQ files prove negligent hiring. If the trucking company failed to verify a driver’s qualifications, check their background, or maintain required documentation, they can be held directly liable for putting an unqualified driver on Crowley County highways.
We subpoena these records in every case. The DQ file often reveals patterns of negligence: drivers hired despite multiple accidents, medical certifications that lapsed, drug tests that were never conducted, or previous employers who reported safety concerns that the new carrier ignored.
49 CFR Part 392: Driving of Commercial Motor Vehicles
This part establishes rules for the safe operation of CMVs—and contains the violations that most commonly cause accidents.
Ill or Fatigued Operators (§ 392.3):
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident. The company cannot claim ignorance—they are explicitly prohibited from “requiring or permitting” impaired operation.
Drugs and Other Substances (§ 392.4):
A driver shall not be on duty or operate a CMV while:
- Under the influence of any Schedule I substance
- Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
- Possessing a Schedule I substance (unless prescription)
Alcohol (§ 392.5):
A driver shall not:
- Use alcohol within 4 hours before going on duty or operating a CMV
- Use alcohol while on duty or operating a CMV
- Be under the influence of alcohol (.04 BAC or higher) while on duty
- Possess any alcohol while on duty (with limited exceptions)
The .04 BAC limit for commercial drivers is half the .08 limit for regular drivers—reflecting the greater danger posed by impaired truck operation.
Speeding (§ 392.6):
“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”
This regulation targets the root cause of much speeding: trucking companies scheduling routes that cannot be completed legally. When a company gives a driver 10 hours of driving to complete in an 8-hour legal window, they create pressure to speed. We examine dispatch records and scheduling practices to prove this form of company negligence.
Following Too Closely (§ 392.11):
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”
Given that an 80,000-pound truck at 65 mph needs 525 feet to stop—40% more than a passenger car—”reasonable and prudent” following distance for trucks is substantially greater than for cars.
Mobile Phone Use (§ 392.82):
Drivers are PROHIBITED from:
- Using a hand-held mobile telephone while driving
- Reaching for a mobile phone in a manner requiring leaving the seated driving position
- Texting while driving (§ 392.80)
We subpoena cell phone records in every case to prove distraction violations.
49 CFR Part 393: Parts and Accessories for Safe Operation
This part establishes equipment and cargo securement standards—and violations here directly cause catastrophic accidents.
Cargo Securement (§ 393.100-136):
Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling from the vehicle
- Shifting that affects vehicle stability or maneuverability
- Blocking the driver’s view or interfering with operation
Performance criteria require securement systems to withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
Tiedown requirements specify aggregate working load limits, number of tiedowns based on cargo length, and proper use of blocking, bracing, and friction mats.
Brakes (§ 393.40-55):
All CMVs must have properly functioning:
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems meeting specific requirements
- Brake adjustment maintained within specifications
Lighting (§ 393.11-26):
Required lighting includes headlamps, tail lamps, stop lamps, clearance and side marker lamps, reflectors, and turn signal lamps.
49 CFR Part 395: Hours of Service (HOS) Regulations
This part prevents driver fatigue by limiting driving time and requiring rest—and violations are among the most common causes of trucking accidents.
Property-Carrying Drivers (Most 18-Wheelers):
| Rule | Requirement | Violation Consequence |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Fatigue-related accidents |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Driver exhaustion |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | Impaired alertness |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Cumulative fatigue |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate recovery |
| 10-Hour Off-Duty | Must have minimum 10 consecutive hours off duty before driving | Insufficient rest |
Sleeper Berth Provision (§ 395.1(g)):
Drivers using sleeper berth may split 10-hour off-duty period into at least 7 consecutive hours in sleeper berth plus at least 2 consecutive hours off-duty.
Electronic Logging Device (ELD) Mandate (§ 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:
- Automatically record driving time
- Synchronize with vehicle engine for objective data
- Cannot be altered after the fact (unlike paper logs)
- Record GPS location, speed, engine hours
Why ELD Data Is Critical Evidence:
ELDs prove exactly how long the driver was on duty, whether breaks were taken, speed before and during the accident, GPS location history, and any HOS violations. This objective data often contradicts driver claims.
49 CFR Part 396: Inspection, Repair, and Maintenance
This part ensures CMVs are maintained in safe operating condition—and violations here prove systematic negligence.
General Maintenance Requirement (§ 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
Driver Inspection Requirements:
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Pre-Trip Inspection (§ 396.13): Before driving, drivers must be satisfied the CMV is in safe operating condition and must review the last driver vehicle inspection report if defects were noted.
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Post-Trip Report (§ 396.11): After each day’s driving, drivers must prepare written reports on vehicle condition covering service brakes, parking brake, steering mechanism, lighting devices, tires, horn, windshield wipers, rear vision mirrors, coupling devices, wheels and rims, and emergency equipment.
Annual Inspection (§ 396.17):
Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decals must be displayed, and records retained for 14 months.
Maintenance Record Retention (§ 396.3):
Motor carriers must maintain records for each vehicle showing identification, inspection/repair/maintenance schedules, and records of repairs—retained for 1 year.
The 48-Hour Evidence Preservation Protocol: Why Immediate Action Matters
In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
Critical Evidence Timelines
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your 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 default judgment for spoliation
- The sooner sent, the more weight it carries
When We Send It: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.
What Our Spoliation Letter Demands
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Medical certification and exam records
- Drug and alcohol test results
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
Catastrophic Injuries: The Human Cost of Trucking Negligence
The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. Understanding these injuries—and their lifelong consequences—is essential for securing the compensation you need to rebuild your life.
The Physics of Devastation
Size and Weight Disparity:
- Fully loaded 18-wheeler: Up to 80,000 lbs
- Average passenger car: 3,500-4,000 lbs
- The truck is 20-25 times heavier than your car
Impact Force:
Force equals mass times acceleration. An 80,000-pound truck at 65 mph carries approximately 80 times the kinetic energy of a car. This energy transfers catastrophically to the smaller vehicle in a crash.
Stopping Distance:
- 18-wheeler at 65 mph: ~525 feet to stop (nearly 2 football fields)
- Car at 65 mph: ~300 feet to stop
- This 40% longer stopping distance means trucks cannot avoid obstacles as quickly
Traumatic Brain Injury (TBI)
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 |
Common Symptoms:
- Headaches, dizziness, nausea
- Memory loss, confusion
- Difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Long-Term Consequences:
- Permanent cognitive impairment
- Inability to work
- Need for ongoing care and supervision
- Increased risk of dementia and Alzheimer’s
- Depression and emotional disorders
Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity
At Attorney911, we’ve recovered $1.5 million to $9.8 million for traumatic brain injury victims. We understand that no amount of money erases what happened—but it provides the resources for the best possible recovery.
Spinal Cord Injury
Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable—may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Level of Injury Matters:
- Higher injuries (cervical spine) affect more body functions
- C1-C4 injuries may require ventilator for breathing
- Lower injuries (lumbar) affect legs but not arms
Lifetime Care Costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.
Our firm has secured $4.7 million to $25.8 million for spinal cord injury victims. We work with life care planners, vocational experts, and medical specialists to ensure every future need is accounted for in your settlement or verdict.
Amputation
Types of Amputation:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Common in 18-Wheeler Accidents Due To:
- Crushing forces from truck impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Ongoing Medical Needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
Impact on Life:
- Permanent disability
- Career limitations or total disability
- Phantom limb pain
- Body image and psychological trauma
- Need for home modifications
- Dependency on others for daily activities
We’ve recovered $1.9 million to $8.6 million for amputation victims. We understand that prosthetic technology advances constantly, and we ensure your settlement accounts for future improvements and replacements.
Severe Burns
How Burns Occur in 18-Wheeler Accidents:
- Fuel tank rupture and fire
- Hazmat cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burn Classification:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Long-Term Consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage
Common Internal Injuries:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Why Dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Requires emergency surgery
- Organ removal affects long-term health
Wrongful Death
When a trucking accident kills a loved one, Colorado law allows surviving family members to recover compensation through a wrongful death claim.
Who Can Bring a Wrongful Death Claim in Colorado:
- Surviving spouse (first two years after death)
- Children (if no spouse, or with spouse’s consent after first year)
- Parents (if no spouse or children)
Types of Claims:
- Wrongful Death Action: Compensation for survivors’ losses (lost income, loss of companionship, mental anguish)
- Survival Action: Compensation for decedent’s pain and suffering before death, medical expenses, and funeral costs
Damages Available:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses before death
- Punitive damages (if gross negligence)
We’ve recovered $1.9 million to $9.5 million for wrongful death cases. We understand that no amount of money replaces your loved one—but holding the trucking company fully accountable provides justice and financial security for your family’s future.
The 48-Hour Evidence Preservation Protocol: Act Now or Lose Forever
In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
Critical Evidence Timelines
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your 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 default judgment for spoliation
- The sooner sent, the more weight it carries
When We Send It: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.
What Our Spoliation Letter Demands
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Medical certification and exam records
- Drug and alcohol test results
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
Commercial Truck Insurance: Why Trucking Cases Are High-Value Cases
Understanding commercial truck insurance is essential for maximizing your recovery. Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available—and often much more.
Federal Minimum Insurance Requirements
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies:
| Cargo Type | Minimum Coverage |
|---|---|
| Non-Hazardous Freight (10,001+ lbs GVWR) | $750,000 |
| Oil/Petroleum (10,001+ lbs GVWR) | $1,000,000 |
| Large Equipment (10,001+ lbs GVWR) | $1,000,000 |
| Hazardous Materials (All) | $5,000,000 |
| Passengers (16+ passengers) | $5,000,000 |
| Passengers (15 or fewer) | $1,500,000 |
Many carriers carry $1-5 million or more in coverage. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Types of Damages Recoverable
Economic Damages (Calculable Losses):
| Category | What’s Included |
|---|---|
| Medical Expenses | Past, present, and future medical costs |
| Lost Wages | Income lost due to injury and recovery |
| Lost Earning Capacity | Reduction in future earning ability |
| Property Damage | Vehicle repair or replacement |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications |
| Life Care Costs | Ongoing care for catastrophic injuries |
Non-Economic Damages (Quality of Life):
| Category | What’s Included |
|---|---|
| Pain and Suffering | Physical pain from injuries |
| Mental Anguish | Psychological trauma, anxiety, depression |
| Loss of Enjoyment | Inability to participate in activities |
| Disfigurement | Scarring, visible injuries |
| Loss of Consortium | Impact on marriage/family relationships |
| Physical Impairment | Reduced physical capabilities |
Punitive Damages (Punishment for Gross Negligence):
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
In Colorado, punitive damages are capped at the amount of compensatory damages awarded—meaning if you receive $1 million in compensatory damages, you can receive up to an additional $1 million in punitive damages.
Frequently Asked Questions: Crowley County 18-Wheeler Accidents
Immediate After-Accident Questions
What should I do immediately after an 18-wheeler accident in Crowley County?
If you’ve been in a trucking accident in Crowley County, take these steps immediately if you’re able:
- Call 911 and report the accident
- Seek medical attention, even if injuries seem minor
- Document the scene with photos and video if possible
- Get the trucking company name, DOT number, and driver information
- Collect witness contact information
- Do NOT give recorded statements to any insurance company
- Call an 18-wheeler accident attorney immediately
Should I go to the hospital after a truck accident even if I feel okay?
YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Crowley County’s rural location means longer transport times to trauma centers—making early identification of serious injuries even more critical. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene in Crowley County?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney in Crowley County?
IMMEDIATELY—within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
Trucking Company & Driver Questions
Who can I sue after an 18-wheeler accident in Crowley County?
Multiple parties may be liable in trucking accidents:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for negligent hiring, negligent training, negligent supervision, and negligent maintenance.
What if the truck driver says the accident was my fault?
Colorado uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation as long as you were less than 50% at fault. Your recovery will be reduced by your percentage of fault. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.
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 shows speed before and during the crash, brake application timing, engine RPM and throttle position, whether cruise control was engaged, and GPS location. This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.
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 the 14th consecutive hour on duty, 30-minute break required after 8 hours driving, and 60/70 hour weekly limits. Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find: hours of service violations (driving too long), false log entries (lying about driving time), brake system deficiencies, cargo securement failures, drug and alcohol violations, unqualified drivers (no valid CDL or medical certificate), and failure to inspect vehicles.
Your Next Step: Call Attorney911 Today
If you or a loved one has been injured in an 18-wheeler accident in Crowley County, Colorado, you need an attorney who understands the unique challenges of our region, the complex federal regulations governing commercial trucking, and the aggressive tactics trucking companies use to avoid responsibility.
At Attorney911, we offer:
- 25+ years of experience fighting trucking companies, led by Ralph Manginello
- Former insurance defense attorney Lupe Peña, who knows the other side’s tactics
- Multi-million dollar results for catastrophic injury and wrongful death cases
- 24/7 availability because trucking accidents don’t wait for business hours
- Contingency fee representation—you pay nothing unless we win
- Spanish-language services through Lupe Peña—Hablamos Español
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?
Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for your free consultation.
Or reach us at:
- Email: ralph@atty911.com
- Website: https://attorney911.com
We serve Crowley County and all of Colorado from our offices in Houston, Austin, and Beaumont, with federal court admission allowing us to represent you in any jurisdiction. Don’t wait—evidence disappears fast, and the clock on your two-year statute of limitations started the moment the accident occurred.
1-888-ATTY-911. We answer. We fight. We win.