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

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

The impact was catastrophic. One moment you’re driving through Gunnison County’s stunning mountain corridors—the next, an 80,000-pound commercial truck has shattered your world. The physics are brutal: a fully loaded 18-wheeler carries roughly 20 times the mass of your passenger vehicle. At highway speeds, that disparity becomes deadly.

Every year, thousands of families across Colorado face this reality. The Gunnison County region, with its critical position along major freight corridors through the Rocky Mountains, sees significant commercial truck traffic—traffic that brings elevated risk of catastrophic collisions. When these accidents happen, victims need more than sympathy. They need fighters who understand federal trucking regulations, mountain driving hazards, and how to hold massive trucking companies accountable.

That’s exactly what we do at Attorney911.

Why Gunnison County Trucking Accidents Demand Specialized Legal Expertise

Gunnison County presents unique challenges for trucking safety that make experienced legal representation essential when accidents occur.

Mountain Corridor Hazards

The Gunnison County region sits within Colorado’s challenging mountain terrain, where commercial trucks face conditions rarely encountered on flat interstate corridors:

Steep Grades and Elevation Changes: The Eisenhower Tunnel on I-70 reaches 11,158 feet—the highest vehicle tunnel in North America. Trucks lose significant power at altitude, and brake systems face extreme stress on long descents. Runaway truck ramps exist precisely because brake failure is a documented hazard.

Weather Extremes: Gunnison County experiences sudden weather changes that can transform road conditions in minutes. Black ice, snow squalls, and high winds create hazards that even experienced truck drivers struggle to navigate safely.

Limited Emergency Services: Remote stretches of highway mean delayed emergency response times. When catastrophic injuries occur, the golden hour for trauma care may pass before help arrives.

Critical Freight Corridors Serving Gunnison County

Several major transportation routes carry significant commercial truck traffic through or near Gunnison County:

• U.S. Highway 50: The primary east-west corridor through Gunnison County, connecting to I-70 and carrying substantial freight traffic
• State Highway 135: Critical north-south route connecting Gunnison to Crested Butte and mountain resort areas
• I-70 Corridor: The major transcontinental interstate accessible via U.S. 50, carrying massive freight volumes across Colorado

These corridors see everything from local delivery trucks to long-haul 18-wheelers hauling goods between coasts. The mix of local traffic, tourist vehicles, and heavy commercial freight creates dangerous congestion points.

Regulatory Complexity

Colorado imposes additional requirements beyond federal FMCSA regulations:

• Chain Laws: Commercial vehicles must carry chains from September 1 through May 31 on designated highways, with active chain requirements triggered during winter weather events
• Hazmat Restrictions: The Eisenhower Tunnel prohibits certain hazardous materials, forcing alternate routing that increases travel time and driver fatigue
• Weight Limits: Colorado enforces strict weight limits on mountain highways, with overweight violations carrying significant penalties

When trucking accidents occur in Gunnison County, understanding these layered regulations is essential for proving negligence. That’s where our experience matters.

The Attorney911 Difference: 25+ Years Fighting for Trucking Accident Victims

Ralph Manginello didn’t become one of Colorado’s most experienced trucking accident attorneys by accident. Since 1998, he has dedicated his career to holding negligent trucking companies accountable—and he’s built a team specifically designed to win these complex cases.

Federal Court Experience That Matters

Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas—and his federal court experience extends to cases throughout the United States, including Colorado. Why does this matter for your Gunnison County trucking accident?

Most 18-wheeler cases involve interstate commerce, which means federal jurisdiction may apply. Federal courts have different procedures, different judges, and different expectations than state courts. An attorney without federal experience is operating at a disadvantage from day one.

We’ve litigated in federal court against some of the largest trucking companies in America. That experience translates directly to stronger representation for you.

The Insurance Defense Advantage: Lupe Peña

Here’s something most law firms can’t offer: our associate attorney, Lupe Peña, spent years working for a national insurance defense firm before joining Attorney911. He knows exactly how trucking insurance companies evaluate claims, train their adjusters, and minimize payouts.

Now he uses that insider knowledge against them.

When Lupe reviews your case, he doesn’t just see the facts—he sees the insurance company’s playbook. He knows when they’re bluffing, when they’ll settle, and when you need to push harder. That advantage has translated to millions in additional recovery for our clients.

And for our Spanish-speaking clients in Gunnison County and throughout Colorado, Lupe provides direct representation—no interpreters needed. Hablamos Español. Llame al 1-888-ATTY-911.

Multi-Million Dollar Results That Prove Our Approach Works

We don’t just talk about results—we deliver them. Our documented case outcomes include:

• $5+ Million for a traumatic brain injury victim struck by a falling log
• $3.8+ Million for a client who suffered partial leg amputation after a car accident
• $2.5+ Million for a commercial truck crash victim
• $2+ Million for a maritime worker with a back injury under the Jones Act

These aren’t hypotheticals—they’re real recoveries for real people whose lives were changed by negligence. And we’re currently litigating a $10 million lawsuit against a major university for hazing-related injuries, demonstrating our willingness to take on powerful institutions.

The BP Texas City Experience: Taking on Corporate Giants

When the BP Texas City refinery exploded in 2005—killing 15 workers and injuring 170 more—Attorney911 was one of the few Texas law firms involved in the litigation against one of the world’s largest corporations.

That experience matters for your Gunnison County trucking accident.

Trucking companies aren’t mom-and-pop operations. They’re often subsidiaries of massive corporations with teams of lawyers, rapid-response investigators, and insurance adjusters trained to minimize your claim. You need attorneys who have gone toe-to-toe with Fortune 500 companies and won.

We have. And we’ll bring that fight to your case.

Understanding 18-Wheeler Accidents: Types, Causes, and Consequences

Not all trucking accidents are the same. The specific type of collision often reveals critical information about what went wrong—and who should be held responsible.

Jackknife Accidents: When Physics Turns Deadly

A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle like a pocket knife. The trailer swings perpendicular to the cab, often sweeping across multiple lanes of traffic.

Why Jackknives Happen in Gunnison County:

Mountain driving creates perfect conditions for jackknife accidents. Steep grades require constant braking, which can overheat brake systems and cause “brake fade”—reduced stopping power when you need it most. When a driver applies brakes on a curve or slick surface, the trailer’s momentum can push it out of alignment.

Common Causes:

• Sudden braking on wet, icy, or steep roads
• Speeding, particularly on curves
• Empty or lightly loaded trailers (more prone to swing)
• Improperly loaded or unbalanced cargo
• Brake system failures from overheating
• Driver inexperience with mountain emergency maneuvers

The Devastation: Jackknife accidents account for approximately 10% of all trucking-related deaths. The swinging trailer becomes a 53-foot battering ram, striking vehicles in adjacent lanes. Multi-vehicle pileups are common. Survivors often suffer traumatic brain injuries, spinal cord damage, and crushing injuries.

FMCSA Violations We Investigate:

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

Rollover Accidents: Gravity’s Revenge

A rollover occurs when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and 80,000-pound maximum weight, rollovers are among the most catastrophic trucking accidents.

Why Rollovers Are Common in Mountain Terrain:

Gunnison County’s winding mountain roads create inherent rollover risk. The combination of steep grades, sharp curves, and high-profile trailers means that even momentary loss of control can become fatal. Liquid cargo “slosh”—movement of fluid in tanker trucks—can shift the center of gravity unpredictably on curves.

Common Causes:

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

The Devastation: Approximately 50% of rollover crashes result from failure to adjust speed on curves. Rollovers frequently lead to secondary crashes from debris and fuel spills. The truck’s massive weight crushes anything in its path. Survivors suffer catastrophic injuries: TBI, spinal cord damage, amputations, severe burns from fuel fires.

FMCSA Violations We Investigate:

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

Underride Collisions: The Invisible Killer

An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.

Why Underrides Are Particularly Deadly:

The physics are horrifying. A passenger vehicle’s safety features—crumple zones, airbags, seatbelts—are designed for collisions at bumper height. When a car slides under a trailer, the trailer edge impacts at windshield level, bypassing all protective structures. The result is often instantaneous decapitation or catastrophic head trauma.

Types of Underride:

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

Common Causes:

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

The Devastation: Among the most FATAL types of 18-wheeler accidents. Approximately 400-500 underride deaths occur annually in the United States. Rear underride and side underride are both deadly; side underride has no federal guard requirement. Survivors are rare; when they occur, injuries include decapitation, severe head and neck trauma, and permanent disability.

FMCSA/NHTSA Requirements:

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

Rear-End Collisions: The Stopping Distance Problem

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 the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.

Why Rear-End Collisions Are Common in Mountain Driving:

Gunnison County’s steep grades create perfect conditions for rear-end accidents. Trucks descending mountain passes can build dangerous speed. When traffic slows unexpectedly—construction, weather, or accidents ahead—a truck’s momentum may be impossible to overcome. Brake fade from overheating compounds the problem.

The Physics:

• 18-wheelers require 20-40% more stopping distance than passenger vehicles
• A fully loaded truck at 65 mph needs approximately 525 feet to stop (nearly two football fields)
• Car at 65 mph needs ~300 feet to stop
• This 40% longer stopping distance means trucks cannot avoid obstacles as quickly

Common Causes:

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

The Devastation: Rear-end collisions are the second most common type of large truck crash. When a truck strikes a passenger vehicle from behind, the size differential causes the car to be crushed or pushed into other vehicles. Injuries include whiplash, spinal cord injuries, TBI from impact, internal organ damage, crushing injuries, and wrongful death.

FMCSA Violations We Investigate:

• 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

Wide Turn Accidents: The “Squeeze Play”

Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.

Why Wide Turns Are Particularly Dangerous in Mountain Towns:

Gunnison County’s historic downtown areas and mountain resort communities weren’t designed for modern 18-wheelers. Narrow streets, tight intersections, and pedestrian zones force trucks into awkward maneuvering. When a truck swings wide on a narrow Gunnison street, there’s often nowhere for other vehicles to go.

Why Trucks Make Wide Turns:

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

Common Causes:

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

The Devastation: Wide turn accidents often crush smaller vehicles between the truck and curbs, buildings, or other obstacles. Pedestrians and cyclists in crosswalks are particularly vulnerable. Injuries include crushing injuries, sideswipe trauma, traumatic amputations, and fatalities.

FMCSA Violations We Investigate:

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

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 (No-Zones).

Why Blind Spots Are Especially Dangerous on Mountain Highways:

Gunnison County’s winding mountain highways limit passing opportunities. Drivers stuck behind slow-moving trucks may linger in blind spots longer than on straight interstates. When a truck driver finally has a straight stretch and changes lanes without checking properly, the results are catastrophic.

The Four No-Zones:

Zone	Location	Danger Level
Front No-Zone	20 feet directly in front of cab	Driver cannot see low vehicles
Rear No-Zone	30 feet behind trailer	No rear-view mirror visibility
Left Side No-Zone	Extends from cab door backward	Smaller than right side
Right Side No-Zone	Extends from cab door backward, much larger	MOST DANGEROUS

Common Causes:

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

The Devastation: Right-side blind spot accidents are especially dangerous due to the larger blind spot area. When a truck sideswipes a passenger vehicle, the size differential can push the smaller vehicle off the road, into other lanes, or cause rollover. Injuries include sideswipe trauma, loss of control injuries, crushing, TBI, spinal injuries, and fatalities.

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

Tire Blowout Accidents: Sudden Catastrophe

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 Tire Blowouts Are Particularly Dangerous in Gunnison County:

Mountain driving creates unique tire stress. Steep grades require constant braking, which heats tires. Sharp curves place lateral stress on sidewalls. Altitude changes affect tire pressure. And the remote stretches of highway mean that when a blowout causes a crash, emergency response may be delayed.

The Physics of 18 Tires:

Unlike your car’s four tires, an 18-wheeler has 18 tires—each a potential failure point. Steer tires (front) are especially dangerous when they blow; the driver loses steering control immediately. Drive tires and trailer tires can cause jackknife or rollover when they fail.

Common Causes:

• Underinflated tires causing overheating
• Overloaded vehicles exceeding tire capacity
• Worn or aging tires not replaced
• Road debris punctures
• Manufacturing defects
• Improper tire matching on dual wheels
• Heat buildup on long hauls
• Inadequate pre-trip tire inspections

The Devastation: A tire blowout at highway speed creates instant chaos. The truck may jackknife, rollover, or veer into oncoming traffic. Tire debris becomes deadly projectiles. Secondary crashes occur as other vehicles swerve to avoid debris or the disabled truck. Injuries include loss of control trauma, jackknife injuries, rollover injuries, projectile strikes, multi-vehicle pileup injuries, and fatalities.

FMCSA Requirements:

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

Brake Failure Accidents: When 80,000 Pounds Can’t Stop

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 Brake Failures Are a Critical Hazard in Gunnison County:

Mountain driving is brutal on truck brakes. Long descents require sustained braking, generating extreme heat. This heat causes “brake fade”—reduced stopping power precisely when drivers need it most. Colorado’s mountain highways have designated runaway truck ramps because brake failure is a known, predictable hazard.

The Stopping Distance Problem:

A fully loaded truck at 65 mph needs approximately 525 feet to stop—nearly two football fields. That’s 40% more than a passenger vehicle requires. When brakes fail, that distance becomes infinite.

Common Causes:

• Worn brake pads or shoes not replaced
• Improper brake adjustment (too loose)
• Air brake system leaks or failures
• Overheated brakes (brake fade) on long descents
• Contaminated brake fluid
• Defective brake components
• Failure to conduct pre-trip brake inspections
• Deferred maintenance to save costs

The Devastation: Brake failures cause approximately 29% of large truck crashes. When 80,000 pounds cannot stop, the results are catastrophic. Multi-vehicle pileups are common. Vehicles are crushed. Fuel fires erupt. Injuries include severe rear-end collision trauma, TBI from high-speed impact, spinal cord injuries, internal organ damage, crushing injuries, and wrongful death.

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

Cargo Spill and Shift Accidents: When the Load Becomes the Weapon

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 Cargo Issues Are Particularly Dangerous in Gunnison County:

Mountain curves and steep grades amplify the effects of cargo problems. When cargo shifts on a curve, the center of gravity changes suddenly—often causing immediate rollover. Spilled cargo on narrow mountain highways leaves nowhere for other vehicles to go. And Gunnison County’s remote stretches mean that hazardous material spills may contaminate pristine wilderness areas before response teams arrive.

Types of Cargo Accidents:

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

Common Causes:

• Inadequate tiedowns (insufficient number or strength)
• Improper loading distribution
• Failure to use blocking, bracing, or friction mats
• Tiedown failure due to wear or damage
• Overloading beyond securement capacity
• Failure to re-inspect cargo during trip
• Loose tarps allowing cargo shift

The Devastation: Cargo securement violations are among the top 10 most common FMCSA violations. Shifted cargo causes rollover accidents when the center of gravity changes. Spilled cargo on highways causes secondary accidents as vehicles swerve or strike debris. Hazmat spills add fire, explosion, and toxic exposure risks. Injuries include rollover trauma, debris strike injuries, loss of control crashes, hazmat exposure burns and respiratory damage, and multi-vehicle pileup injuries.

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.)

Head-On Collisions: The Deadliest Impact

Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Why Head-On Collisions Are a Critical Risk on Gunnison County Highways:

Mountain highways often have limited visibility around curves. Narrow shoulders leave little room for error. Fatigued drivers on long hauls may drift across centerlines. And the consequences of any crossover are catastrophic—there’s no “glancing blow” when two vehicles close at combined speeds exceeding 100 mph.

Common Causes:

• Driver fatigue causing lane departure
• Driver falling asleep at the wheel
• Driver distraction (phone, GPS, dispatch)
• Impaired driving (drugs, alcohol)
• Medical emergency (heart attack, seizure)
• Overcorrection after running off road
• Passing on two-lane roads
• Wrong-way entry onto divided highways

The Devastation: Head-on collisions are among the deadliest accident types. Even at moderate combined speeds, the force is often fatal. The closing speed combines both vehicles’ velocities—impact forces can exceed 150 mph equivalent. Survivors are rare; when they occur, injuries include catastrophic TBI, spinal cord injuries, internal organ damage, amputations, crushing injuries, and permanent disability.

FMCSA Violations We Investigate:

• 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

The 48-Hour Evidence Crisis: Why Immediate Action Saves Cases

Here’s what most trucking accident victims don’t know: the trucking company has already started building their defense. Before the ambulance arrives, their rapid-response team is documenting the scene, downloading data, and coaching their driver. Every hour you wait, critical evidence disappears.

Critical Evidence That Disappears Fast

Evidence Type	Destruction Risk	Why It Matters
ECM/Black Box Data	Overwrites in 30 days or with new driving events	Proves speed, braking, throttle position—often contradicts driver claims
ELD Data	May be retained only 6 months	Documents hours of service violations, driver fatigue
Dashcam Footage	Often deleted within 7-14 days	Shows driver’s behavior, road conditions, collision sequence
Surveillance Video	Business cameras typically overwrite in 7-30 days	Independent documentation of accident from nearby businesses
Witness Memory	Fades significantly within weeks	Critical testimony about driver behavior, traffic conditions
Physical Evidence	Vehicle may be repaired, sold, or scrapped	Damage patterns, failed components, tire condition

The Spoliation Letter: Your Legal Shield Against Evidence Destruction

A spoliation letter is a formal legal notice we send to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident. This isn’t optional—it’s essential.

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

Why Timing Is Everything:

Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond minimum retention periods. Destroying evidence after receiving our letter can result in:

• Adverse inference instructions: The jury is told to assume destroyed evidence was unfavorable to the trucking company
• Sanctions and monetary penalties: Courts can impose fines and evidentiary penalties
• Default judgment: In extreme cases, courts may enter judgment against the spoliating party
• Punitive damages: Intentional destruction of evidence can support punitive damage awards

We send spoliation letters within 24-48 hours of being retained. Every hour you wait to call us is an hour the trucking company has to destroy evidence.

FMCSA Regulations: The Rules Trucking Companies Break

The Federal Motor Carrier Safety Administration (FMCSA) regulates all commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents.

The Six Critical Parts of FMCSA Regulations

Part	Title	What It Covers	Why It Matters for Your Case
Part 390	General Applicability	Definitions, who regulations apply to	Establishes that the trucking company and driver were subject to federal safety requirements
Part 391	Driver Qualification	Who can drive, medical requirements, training	Proves negligent hiring if driver was unqualified
Part 392	Driving Rules	Safe operation, fatigue, drugs, alcohol	Establishes driver negligence in operation
Part 393	Vehicle Safety	Equipment, cargo securement, brakes, lights	Proves equipment failures and maintenance negligence
Part 395	Hours of Service	How long drivers can drive, required rest	Documents driver fatigue and scheduling pressure
Part 396	Inspection & Maintenance	Vehicle upkeep, inspections, records	Establishes systematic maintenance failures

Hours of Service Violations: The Fatigue Epidemic

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, delayed reaction times
14-Hour Duty Window	Cannot drive beyond 14th consecutive hour after coming on duty	Driver exhaustion, impaired judgment
30-Minute Break	Must take 30-minute break after 8 cumulative hours of driving	Sustained fatigue, reduced alertness
60/70-Hour Limit	Cannot drive after 60 hours in 7 days or 70 hours in 8 days	Cumulative fatigue, chronic exhaustion
34-Hour Restart	Can restart 60/70-hour clock with 34 consecutive hours off	Inadequate recovery, persistent fatigue
10-Hour Off-Duty	Must have minimum 10 consecutive hours off duty before driving	Insufficient rest, sleep deprivation

Why This Matters for Your Case:

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely. But here’s what many victims don’t know: the trucking company is often just as responsible as the driver.

When dispatchers pressure drivers to meet impossible deadlines, when schedules make legal rest periods impossible, when companies turn a blind eye to log violations—they’re violating 49 CFR § 392.3: “No motor carrier shall require or permit a driver to operate a commercial motor vehicle while the driver’s ability or alertness is so impaired…as to make it unsafe.”

Electronic Logging Device (ELD) Mandate:

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

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

ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.

We send spoliation letters immediately to preserve this data before it’s overwritten.

Brake System Requirements: When Maintenance Failures Kill

49 CFR § 393.40-55 – Brake System Requirements:

All CMVs must have properly functioning brake systems:

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

49 CFR § 396.3 – Systematic Inspection and Maintenance:

“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”

Driver Inspection Requirements:

• Pre-Trip Inspection (§ 396.13): Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.

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

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

Annual Inspection (§ 396.17):

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

Why This Matters for Your Case:

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

When we investigate your case, we subpoena:

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

If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.

Cargo Securement: When the Load Becomes Lethal

49 CFR § 393.100-136 – Cargo Securement Standards:

General Requirements (§ 393.100):

Cargo must be contained, immobilized, or secured to prevent:

• Leaking, spilling, blowing, or falling from the vehicle
• Shifting that affects vehicle stability or maneuverability
• Blocking the driver’s view or interfering with operation

Performance Criteria (§ 393.102):

Cargo securement systems must withstand:

• Forward: 0.8 g deceleration (sudden stop)
• Rearward: 0.5 g acceleration
• Lateral: 0.5 g (side-to-side)
• Downward: At least 20% of cargo weight if not fully contained

Tiedown Requirements:

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

Why This Matters for Your Case:

Cargo securement violations are among the top 10 most common FMCSA violations. Shifted cargo causes rollover accidents when the center of gravity changes. Spilled cargo on highways causes secondary accidents as vehicles swerve or strike debris.

When we investigate your case, we pursue:

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

If the loading company or trucking company failed to secure cargo properly, they are liable for the consequences.

All Liable Parties: We Investigate Everyone

Most law firms only sue the driver and trucking company. That’s a mistake—and it can cost you millions. At Attorney911, we investigate every potentially liable party because more defendants means more insurance coverage means higher compensation for you.

The 10 Potentially Liable Parties in Your Gunnison County Trucking Accident

1. The Truck Driver

The driver who caused the accident may be personally liable for negligent conduct including speeding, distracted driving, fatigue, impairment, or traffic violations.

2. The Trucking Company / Motor Carrier

Often the most important defendant. We pursue:

• Vicarious liability (respondeat superior) for employee negligence
• Negligent hiring for failing to check driver qualifications
• Negligent training for inadequate safety instruction
• Negligent supervision for failing to monitor driver behavior
• Negligent maintenance for poor vehicle upkeep
• Negligent scheduling for pressuring HOS violations

3. Cargo Owner / Shipper

Liable for improper loading instructions, undisclosed hazardous cargo, overweight requirements, or pressure to expedite unsafely.

4. Cargo Loading Company

Third-party loaders may be liable for improper securement, unbalanced distribution, or failure to follow federal securement standards.

5. Truck and Trailer Manufacturer

Liable for design defects, manufacturing defects, or failure to warn of known dangers in brake systems, stability control, or safety systems.

6. Parts Manufacturer

Companies that manufactured defective brakes, tires, steering components, or other parts may be strictly liable for product defects.

7. Maintenance Company

Third-party maintenance providers may be liable for negligent repairs, failure to identify safety issues, or returning vehicles with known defects.

8. Freight Broker

Brokers who negligently selected carriers with poor safety records, failed to verify insurance, or chose cheapest option despite safety concerns.

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may be liable for negligent entrustment or failure to maintain equipment.

10. Government Entity

Federal, state, or local government may be liable for dangerous road design, inadequate maintenance, or failure to install safety barriers.

Why Multiple Parties Matter for Your Recovery

Each liable party typically carries separate insurance coverage. A trucking company might have $1 million in coverage. The cargo loader might have $500,000. The manufacturer might have $5 million in product liability coverage. By identifying all liable parties, we maximize the insurance pools available to compensate you fully.

This is why we investigate deeper than other firms. Most attorneys look at the police report and sue the obvious defendants. We subpoena records, analyze corporate relationships, and pursue every potentially liable party. The difference can be millions of dollars in additional recovery.

Colorado Law: What Gunnison County Accident Victims Need to Know

Understanding Colorado’s specific legal framework is essential for maximizing your recovery after a Gunnison 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, the two-year period runs from the date of death.

Critical Warning: This deadline is absolute. Miss it, and you lose your right to compensation forever—no matter how severe your injuries or how clear the trucking company’s negligence. Evidence preservation and case investigation should begin immediately, not months later.

Comparative Negligence: Colorado’s 50% Bar Rule

Colorado follows modified comparative negligence with a 50% bar. Here’s what this means for your Gunnison County trucking accident case:

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

Example: If a jury finds you 20% at fault and awards $1 million in damages, you receive $800,000. If you’re found 51% at fault, you receive $0.

This rule makes thorough investigation critical. Trucking companies and their insurers will aggressively try to shift blame to you. We fight back with objective evidence—ECM data, ELD records, witness testimony, and accident reconstruction—that proves what really happened.

Damage Caps: Colorado’s Punitive Damages Limit

Colorado imposes specific limits on punitive damages:

• Punitive damages are capped at the amount of compensatory damages awarded
• Exception: If the defendant’s conduct was “outrageous,” the court may allow higher punitive awards

This means if you receive $500,000 in compensatory damages (medical bills, lost wages, pain and suffering), punitive damages are generally capped at $500,000.

Important: There is no cap on compensatory damages for personal injury cases in Colorado. Your economic damages (medical expenses, lost income) and non-economic damages (pain and suffering) are fully recoverable based on the evidence.

Colorado’s Chain Law and Trucking Regulations

Colorado imposes specific requirements that affect trucking accident liability:

Chain Law (Colorado Revised Statutes § 42-4-106):

• Commercial vehicles must carry chains from September 1 through May 31 on designated highways
• Active chain requirements are triggered during winter weather events
• Failure to comply is a traffic violation that may establish negligence

Hazmat Restrictions:

• The Eisenhower Tunnel prohibits certain hazardous materials
• Forced alternate routing increases travel time and driver fatigue
• Violations may establish liability for routing decisions

These Colorado-specific regulations create additional avenues for proving negligence when trucking accidents occur in Gunnison County.

The Evidence That Wins Cases: What We Preserve in the First 48 Hours

Trucking companies don’t wait to build their defense—and neither do we. The moment you hire Attorney911, we deploy our rapid response protocol to preserve critical evidence that trucking companies would prefer to see disappear.

Electronic Control Module (ECM) / “Black Box” Data

Commercial trucks contain sophisticated electronic systems that record operational data continuously—similar to an airplane’s black box.

What ECM Data Reveals:

• Speed before and during the crash—proving whether the driver was speeding
• Brake application timing—showing when and how hard brakes were applied
• Throttle position—revealing if the driver was accelerating or coasting
• Engine RPM and fault codes—indicating mechanical problems the driver ignored
• Cruise control status—showing whether automated systems were engaged

Critical Timeline: ECM data can be overwritten in as little as 30 days—or sooner if the truck continues operating. We send immediate preservation demands to prevent destruction.

Electronic Logging Device (ELD) Records

Since December 18, 2017, federal law requires most commercial truck drivers to use ELDs that automatically record hours of service.

What ELD Data Proves:

• Exact driving time versus required rest periods
• Whether mandatory breaks were taken
• Location history via GPS tracking
• Any violations of the 11-hour driving limit or 14-hour duty window
• Patterns of schedule pressure from dispatchers

Why This Wins Cases: ELD data is tamper-resistant and objective. It directly contradicts driver claims of “I wasn’t tired” or “I took my required breaks.” Hours of service violations are among the most common causes of trucking accidents—and ELD data proves them conclusively.

Driver Qualification File (DQ File)

Federal law requires trucking companies to maintain comprehensive files on every driver. These files often reveal shocking negligence in hiring and supervision.

What DQ Files Contain:

• Employment application and background check
• Three-year driving history from previous employers
• Medical certification and examination records
• Drug and alcohol test results (pre-employment and random)
• Training documentation and certifications
• Previous accident and violation history
• Performance reviews and disciplinary records

Red Flags We Find:

• Drivers hired despite multiple previous accidents
• Failed drug tests ignored or concealed
• Medical conditions that should disqualify commercial driving
• Incomplete background checks
• Missing or falsified training records

A missing or incomplete DQ file is itself evidence of negligent hiring. We subpoena these records in every case—and we’ve found violations that transformed “clear liability” cases into multi-million dollar recoveries.

Maintenance and Inspection Records

Brake failures, tire blowouts, and equipment malfunctions don’t happen randomly—they result from systematic maintenance neglect. Federal law requires detailed records that often prove this neglect.

What Maintenance Records Reveal:

• Whether required inspections were actually performed
• Known defects that were ignored or deferred
• Use of substandard or incorrect parts
• Mechanics’ warnings about safety issues
• Patterns of deferred maintenance to save costs

Critical FMCSA Requirements:

• Pre-trip inspections: Required before every trip
• Post-trip reports: Required after each day’s driving, documenting any defects
• Annual inspections: Comprehensive 16-point inspection required every 12 months
• Record retention: Maintenance records must be kept for 1 year

When we find that a trucking company ignored known brake problems, deferred tire replacement, or falsified inspection records, we’ve proven not just negligence—but often gross negligence that supports punitive damages.

Cell Phone and Distraction Records

Distracted driving kills. We subpoena cell phone records to prove it.

What We Can Prove:

• Text messages sent while driving
• Phone calls during the accident timeframe
• App usage (navigation, social media, entertainment)
• Dispatch communications that distracted the driver

FMCSA Prohibitions:

• 49 CFR § 392.80: No texting while driving
• 49 CFR § 392.82: No hand-held mobile phone use while driving

These violations are strict liability offenses—no proof of actual distraction required. The violation itself establishes negligence.

Catastrophic Injuries: When Life Changes Forever

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. Understanding these injuries—and their long-term consequences—is essential for securing full compensation.

Traumatic Brain Injury (TBI)

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

Severity Levels:

Level	Symptoms	Long-Term Impact
Mild (Concussion)	Confusion, headache, brief loss of consciousness	Usually recovers, but may have lasting cognitive effects, post-concussion syndrome
Moderate	Extended unconsciousness, memory problems, cognitive deficits	Significant recovery possible with rehabilitation; permanent deficits common
Severe	Extended coma, permanent cognitive impairment	Lifelong disability, may require 24/7 care, vegetative state possible

Common Symptoms:

• Headaches, dizziness, nausea
• Memory loss, confusion, difficulty concentrating
• Mood changes, depression, anxiety, personality changes
• Sleep disturbances, fatigue
• Sensory problems (vision, hearing, taste changes)
• Speech and language difficulties

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

Our Experience: We’ve recovered $5+ million for TBI victims, including a logging company worker struck by a falling log. These cases require extensive medical documentation, expert testimony from neurologists and neuropsychologists, and careful projection of lifetime care needs.

Spinal Cord Injury and Paralysis

What It Is: Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

Type	Definition	Impact on Life
Paraplegia	Loss of function below the waist	Cannot walk; may affect bladder/bowel control; requires wheelchair; home modifications needed
Quadriplegia	Loss of function in all four limbs	Cannot walk or use arms; may need breathing assistance; requires 24/7 care; profound life changes
Incomplete Injury	Some nerve function remains	Variable—may have some sensation or movement; rehabilitation potential varies
Complete Injury	No nerve function below injury	Total loss of sensation and movement; permanent disability

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 preserve arm function

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.

Amputation: Life After Limb Loss

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 (every 3-5 years, more frequently for growing children)
• Physical therapy and rehabilitation
• Occupational therapy for daily living skills
• Psychological counseling for body image and trauma
• Home modifications (ramps, bathroom adaptations)
• Vehicle modifications for accessibility

Impact on Life:

• Permanent disability
• Career limitations or total disability
• Phantom limb pain (sensation in missing limb)
• Body image and psychological trauma
• Dependency on others for daily activities
• Relationship strain

Our Experience: We’ve recovered $3.8+ million for a client who suffered partial leg amputation after a car accident. These cases require careful documentation of prosthetic needs, lifetime care costs, and vocational rehabilitation requirements.

Severe Burns: When Fuel Becomes Fire

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	Long-Term Impact
First	Epidermis only	Minor, heals without scarring	Usually none
Second	Epidermis and dermis	May scar, may need grafting	Scarring, possible contractures
Third	Full thickness	Requires skin grafts, permanent scarring	Significant scarring, loss of function
Fourth	Through skin to muscle/bone	Multiple surgeries, amputation may be required	Permanent disability, amputation, death

Long-Term Consequences:

• Permanent scarring and disfigurement
• Multiple reconstructive surgeries
• Skin graft procedures
• Chronic pain
• Infection risks
• Psychological trauma
• Loss of function in affected areas
• Social isolation due to appearance

Internal Organ Damage: The Hidden Killer

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
• Adrenaline masks pain, delaying diagnosis

Wrongful Death: When Justice Is All That’s Left

When a trucking accident kills a loved one, Colorado law allows surviving family members to recover compensation through wrongful death claims.

Who Can Bring a Wrongful Death Claim in Colorado:

Relationship	Priority	Time Limit
Surviving spouse	First priority	2 years from death
Children (if no spouse)	Second priority	2 years from death
Parents (if no spouse or children)	Third priority	2 years from death
Estate representative	Can bring survival action	2 years from death

Types of Claims:

Claim Type	What It Covers	Who Brings It
Wrongful Death Action	Compensation for survivors’ losses (lost income, loss of companionship, mental anguish)	Spouse, children, or parents
Survival Action	Compensation for decedent’s pain/suffering before death, medical expenses	Estate representative

Damages Available in Colorado Wrongful Death Cases:

• Economic Damages:

  • Lost future income and benefits (calculated over decedent’s expected working life)
  • Medical expenses incurred before death
  • Funeral and burial expenses

• Non-Economic Damages:

  • Loss of consortium (spousal companionship, care, guidance)
  • Loss of parental guidance and nurturing (for surviving children)
  • Mental anguish and emotional distress (for surviving family)
  • Pain and suffering experienced by decedent before death

• Punitive Damages:

  • Available when defendant acted with fraud, malice, or willful and wanton conduct
  • Requires clear and convincing evidence
  • Capped at amount of compensatory damages (unless court finds “outrageous” conduct)

Our Experience: We’ve recovered millions for families in wrongful death cases involving commercial vehicles. These cases require careful calculation of lifetime economic losses, documentation of family relationships, and often, extensive litigation to prove gross negligence warranting punitive damages.

Insurance Coverage: Why Trucking Cases Are Different

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

Federal Minimum Liability Limits

Cargo Type	Minimum Coverage	Typical Gunnison County Application
Non-Hazardous Freight (10,001+ lbs GVWR)	$750,000	Most general freight trucks
Oil/Petroleum (10,001+ lbs GVWR)	$1,000,000	Fuel transport, oil field equipment
Large Equipment (10,001+ lbs GVWR)	$1,000,000	Heavy machinery, construction equipment
Hazardous Materials (All)	$5,000,000	Chemical transport, explosives, radioactive materials

Reality Check: Many carriers carry $1-5 million or more in coverage, often through layered policies and excess coverage. Our job is to find and access every available dollar.

Why You Need a Lawyer Who Understands Trucking Insurance

Trucking insurance is not like car insurance. Multiple policies may apply:

• Motor carrier’s primary liability policy
• Trailer interchange coverage (when trailers are swapped between carriers)
• Cargo insurance (covering the goods being transported)
• Owner-operator’s individual policy (if driver owns the truck)
• Excess/umbrella coverage (providing additional limits above primary policies)
• MCS-90 endorsement (federal endorsement guaranteeing minimum coverage)

Identifying and accessing all available coverage requires sophisticated legal analysis. We’ve recovered millions by finding coverage that other attorneys missed.

Frequently Asked Questions: Gunnison County 18-Wheeler Accidents

Immediate After-Accident Questions

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

If you’re able, take these steps immediately:

• 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?

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

What information should I collect at the truck accident scene?

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, and weather and road conditions.

Trucking Company and Driver Questions

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

Multiple parties may be liable: 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), and 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 Colorado’s 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 modified comparative negligence with a 50% bar. Even if you were partially at fault, you may still recover compensation if you’re less than 50% responsible. 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 and 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.

What records should my attorney get from the trucking company?

We pursue ECM/Black box data, ELD records, Driver Qualification File, maintenance records, inspection reports, dispatch logs, drug and alcohol test results, training records, cell phone records, insurance policies, and the physical truck and trailer.

Insurance and Damages Questions

How much insurance do trucking companies carry?

Federal law requires minimum liability coverage of $750,000 for non-hazardous freight, $1,000,000 for oil and large equipment, and $5,000,000 for hazardous materials. Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.

What types of damages can I recover in a Gunnison County trucking accident?

Economic damages: Medical expenses (past, present, and future), lost wages, lost earning capacity, property damage, out-of-pocket expenses, life care costs for catastrophic injuries.

Non-economic damages: Pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, loss of consortium, physical impairment.

Punitive damages: Available when the trucking company or driver acted with gross negligence, willful misconduct, or conscious indifference to safety. In Colorado, punitive damages are generally capped at the amount of compensatory damages.

How much are 18-wheeler accident cases worth in Gunnison County?

Case values depend on injury severity, medical expenses, lost income, pain and suffering, degree of defendant’s negligence, and available insurance coverage. Trucking companies carry higher insurance than typical car accidents, allowing for larger recoveries. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions in similar cases nationwide.

Your Next Step: The Call That Changes Everything

You’ve read about the physics. The regulations. The injuries. The insurance. You understand now that trucking accidents aren’t just “big car wrecks”—they’re complex cases requiring specialized expertise, immediate action, and relentless advocacy.

Here’s what you need to do right now:

Call Attorney911 at 1-888-ATTY-911.

The consultation is free. The advice is immediate. And if we take your case, you pay nothing unless we win.

But here’s what matters more than any of that: Every hour you wait, evidence disappears. Black box data gets overwritten. Dashcam footage is deleted. Witnesses forget what they saw. The trucking company’s rapid-response team is building their defense right now.

Don’t let them win by default. Don’t settle for less than you deserve. Don’t face this alone.

Call 1-888-ATTY-911 now.

Ralph Manginello and the team at Attorney911 have spent 25+ years fighting for people just like you—people whose lives were changed in an instant by trucking company negligence. We’ve recovered millions. We’ve taken on Fortune 500 companies. We’ve won cases other firms said were impossible.

Your fight is our fight. Your family is our family. As our client Chad Harris said: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

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

The call is free. The consultation is confidential. And it may be the most important call you ever make.

Attorney911. Because trucking companies shouldn’t get away with it.

Attorney911 / The Manginello Law Firm, PLLC

Managing Partner: Ralph P. Manginello, 25+ years experience

Associate Attorney: Lupe Peña, former insurance defense

Federal Court Admission: U.S. District Court, Southern District of Texas

Offices: Houston (Main), Austin, Beaumont

Available 24/7: 1-888-ATTY-911 (1-888-288-9911)

Email: ralph@atty911.com

Website: https://attorney911.com