18-Wheeler & Trucking Accident Attorneys in La Plata County, Colorado

When 80,000 Pounds Changes Everything

The impact was catastrophic. One moment you’re driving through La Plata County—perhaps on US Highway 160 heading toward Durango, or navigating the curves of US 550 through the San Juan Mountains. The next, an 80,000-pound commercial truck has jackknifed, rolled, or slammed into your vehicle. In that instant, your life changes forever.

Every 16 minutes, someone in America is injured in a commercial truck crash. But here in La Plata County, the risk is even more pronounced. Our mountain corridors, steep grades, and weather extremes create conditions where trucking accidents aren’t just possible—they’re tragically common. When they happen, you need more than a lawyer. You need a fighter.

Call Attorney911 now: 1-888-ATTY-911. We answer 24/7.

Why La Plata County Trucking Accidents Are Different

La Plata County sits at the crossroads of critical freight corridors in southwestern Colorado. US Highway 160 cuts east-west through the county, connecting Durango to Pagosa Springs and beyond. US Highway 550—the “Million Dollar Highway”—runs north-south, carrying heavy truck traffic through some of the most challenging mountain terrain in America.

These aren’t ordinary highways. The San Juan Mountains create steep grades, tight curves, and elevation changes that test even experienced drivers. Winter brings heavy snow, black ice, and whiteout conditions. Summer thunderstorms can reduce visibility to near-zero in minutes. For 18-wheelers—already operating at the edge of their mechanical limits—these conditions create deadly risks.

The freight moving through La Plata County is equally demanding. Mining operations in the San Juans require heavy equipment transport. The oil and gas industry in the surrounding region generates constant truck traffic. Agricultural products from the Animas River valley move to market via our highways. Each of these cargo types creates specific hazards—overweight loads, hazardous materials, improperly secured equipment—that can turn a routine drive into a catastrophe.

If you’ve been hurt in a trucking accident anywhere in La Plata County, call 1-888-ATTY-911 now.

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

Ralph Manginello has spent over 25 years making trucking companies pay for the devastation they cause. Since 1998, he’s built Attorney911 into a firm that insurance companies fear and trucking corporations respect. This isn’t just experience—it’s specialized expertise that wins cases.

Our managing partner brings credentials that matter in complex trucking litigation:

• Federal Court Admission: U.S. District Court, Southern District of Texas—critical for interstate trucking cases that cross state lines
• Dual-State Licensure: Texas and New York bar admissions, enabling representation in complex multi-jurisdictional matters
• Fortune 500 Litigation Experience: Direct involvement in BP Texas City Refinery explosion litigation—one of the few Texas firms to take on this $2.1 billion disaster case
• Multi-Million Dollar Results: Documented recoveries including $5+ million for traumatic brain injury, $3.8+ million for amputation cases, $2.5+ million for trucking accidents

But credentials alone don’t win cases. Strategy does. And our strategy includes something no billboard firm can match: inside knowledge of how insurance companies operate.

Our associate attorney, Lupe Peña, spent years working at a national insurance defense firm before joining Attorney911. He watched adjusters minimize claims. He learned their training manuals. He saw exactly how they evaluate, delay, and deny legitimate claims to protect profits.

Now he uses that knowledge against them.

When Lupe reviews a trucking accident case, he knows:

• Which “independent” medical examiners the insurance company will hire to downplay injuries
• How their claims software (Colossus, etc.) algorithmically undervalues pain and suffering
• When they’re bluffing about settlement authority and when they’ll actually pay
• Which defense tactics are standard—and which indicate they’re scared of your case

This insider advantage has helped us recover millions for clients other firms couldn’t help. As client Donald Wilcox told us: “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.”

We take the cases other firms reject. And we win.

Hablamos Español. Lupe Peña provides direct Spanish-language representation without interpreters. Llame al 1-888-ATTY-911.

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

Not all trucking accidents are the same. Each type involves different physics, different liable parties, and different legal strategies. Understanding what happened to you is the first step toward justice.

Jackknife Accidents

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 out perpendicular to the cab, often sweeping across multiple lanes of traffic.

In La Plata County, jackknifes are particularly dangerous on our mountain highways. A truck jackknifing on US 550 near Coal Bank Pass or on US 160 through the Wolf Creek Pass area can block both lanes with devastating consequences. The steep grades and curves that define our terrain make recovery from a jackknife nearly impossible.

Common causes:

• Sudden or improper braking, especially on wet or icy roads
• Speeding, particularly on curves or in adverse conditions
• Empty or lightly loaded trailers (more prone to swing)
• Improperly loaded or unbalanced cargo
• Brake system failures

FMCSA violations: 49 CFR § 393.48 (brake system malfunction), 49 CFR § 393.100 (improper cargo securement), 49 CFR § 392.6 (speeding for conditions)

Rollover Accidents

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

La Plata County’s geography makes rollovers a constant threat. The San Juan Mountains create conditions where even experienced drivers struggle. A fully loaded tanker taking the curves of US 550 too fast, a grain truck with shifting cargo on US 160, or a logging truck with improperly secured timber on a Forest Service road—all can roll with devastating force.

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

FMCSA violations: 49 CFR § 393.100-136 (cargo securement violations), 49 CFR § 392.6 (exceeding safe speed), 49 CFR § 392.3 (operating while fatigued)

Underride Collisions

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.

These are 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.

In La Plata County, underride risks are heightened by our mountain roads. A truck stopped on a curve due to mechanical failure, a slow-moving vehicle on a steep grade, or a truck making an emergency stop on US 550 can create deadly underride scenarios for following vehicles.

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

FMCSA/NHTSA requirements: 49 CFR § 393.86 (rear impact guards required on trailers manufactured after 1/26/1998)

Rear-End Collisions

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.

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. This 40% longer stopping distance means trucks cannot avoid obstacles as quickly.

In La Plata County, rear-end collisions are particularly dangerous on our mountain highways. A truck following too closely on a downhill grade, a driver distracted by dispatch communications while navigating curves, or brake failure on a steep descent can all lead to catastrophic rear-end impacts.

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

FMCSA violations: 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 (“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.

In La Plata County, wide turn accidents are a constant risk in our smaller communities. Durango’s narrow downtown streets, the tight intersections in Bayfield, and the rural highway crossings throughout the county all create scenarios where trucks must swing wide—and where passenger vehicles can be caught in the “squeeze play.”

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

FMCSA violations: 49 CFR § 392.11 (unsafe lane changes), 49 CFR § 392.2 (failure to obey traffic signals)

Blind Spot Accidents (“No-Zone”)

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).

The four No-Zones are:

1. Front No-Zone: 20 feet directly in front of the cab
2. Rear No-Zone: 30 feet behind the trailer
3. Left Side No-Zone: Extends from cab door backward
4. Right Side No-Zone: Much larger than left—MOST DANGEROUS

In La Plata County, blind spot accidents are particularly dangerous on our two-lane mountain highways. A truck attempting to pass on US 550, changing lanes on the curves of US 160, or merging after a slow-moving vehicle on a Forest Service road can easily miss a vehicle in their blind spot—with catastrophic results.

FMCSA requirements: 49 CFR § 393.80 (mirrors must provide clear view to rear on both sides)

Tire Blowout Accidents

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.

18-wheelers have 18 tires, each of which can fail. Steer tire (front) blowouts are especially dangerous—can cause immediate loss of control. “Road gators” (tire debris) cause thousands of accidents annually.

In La Plata County, tire blowouts are a particular risk due to our extreme conditions. Summer heat on asphalt can reach 140°F, causing tire overheating. Winter cold creates pressure differentials that stress tire walls. The sharp rocks and debris on our mountain roads can cause punctures. And the steep grades mean tires are under constant stress from braking and acceleration.

Common causes:

• Underinflated tires causing overheating
• Overloaded vehicles exceeding tire capacity
• Worn or aging tires not replaced
• Road debris punctures
• Manufacturing defects

FMCSA requirements: 49 CFR § 393.75 (tire requirements), minimum tread depth 4/32″ on steer tires, 2/32″ on other positions

Brake Failure Accidents

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.

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.

In La Plata County, brake failure is a constant threat on our mountain highways. The steep descents on US 550 from Coal Bank Pass, the grades on US 160 through Wolf Creek Pass, and the constant braking required on our winding roads all create conditions where brake systems are pushed to their limits. A trucking company that deferred maintenance, a driver who ignored warning signs, or a maintenance company that performed inadequate repairs can all lead to catastrophic brake failure.

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

FMCSA requirements: 49 CFR § 393.40-55 (brake system requirements), 49 CFR § 396.3 (systematic inspection and maintenance)

Cargo Spill/Shift Accidents

Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.

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

In La Plata County, cargo accidents take on unique dimensions. Logging trucks on Forest Service roads carry massive timber that can shift on curves. Mining equipment transport on US 550 requires specialized securement that, if inadequate, can create deadly hazards. Agricultural products from the Animas Valley—hay, produce, livestock—must be properly secured for our winding roads. And the hazardous materials moving through our region, including chemicals for mining and oil field operations, create risks that extend far beyond the immediate accident scene.

FMCSA requirements: 49 CFR § 393.100-136 (complete cargo securement standards), aggregate working load limit must be at least 50% of cargo weight for loose cargo

Who Can Be Held Liable? The 10 Parties We Investigate

Most law firms sue the driver and trucking company—and stop there. 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: speeding, distracted driving, fatigued driving beyond legal limits, impaired driving, failure to conduct proper inspections, or traffic violations. We pursue their driving record, ELD data, drug test results, and cell phone records to prove negligence.

2. The Trucking Company / Motor Carrier

This is often your primary recovery target. Trucking companies carry $750,000 to $5 million in insurance—far more than individual drivers. They’re liable under respondeat superior for their employees’ negligence, and directly liable for negligent hiring, training, supervision, and maintenance. We subpoena their Driver Qualification Files, safety records, dispatch logs, and CSA scores to prove systemic failures.

3. Cargo Owner / Shipper

The company that arranged shipment may be liable for improper loading instructions, failure to disclose hazardous cargo, requiring overweight loading, or pressuring carriers to expedite beyond safe limits.

4. Cargo Loading Company

Third-party loaders are liable for improper cargo securement under 49 CFR 393, unbalanced load distribution, exceeding weight ratings, or failure to use proper blocking and bracing.

5. Truck and Trailer Manufacturer

Design defects in brake systems, stability control, or fuel tank placement; manufacturing defects like faulty welds; or failure to warn of known dangers can create product liability.

6. Parts Manufacturer

Defective brakes, tires, steering components, or lighting systems can cause catastrophic failures.

7. Maintenance Company

Third-party maintenance companies are liable for negligent repairs, failure to identify critical safety issues, improper brake adjustments, or using substandard parts.

8. Freight Broker

Brokers who negligently select carriers with poor safety records, fail to verify insurance, or choose cheapest carriers despite safety concerns can be held liable.

9. Truck Owner (If Different from Carrier)

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

10. Government Entity

Federal, state, or local government may be liable for dangerous road design, failure to maintain roads, inadequate signage, or improper work zone setup—though sovereign immunity limits recovery.

We investigate all ten. Most firms stop at two. That’s why we recover more.

FMCSA Regulations: The Rules Trucking Companies Break

The Federal Motor Carrier Safety Administration (FMCSA) regulates all commercial motor vehicles in interstate commerce. These aren’t suggestions—they’re federal law. When trucking companies violate them, they create the dangerous conditions that cause catastrophic accidents.

49 CFR Part 390: General Applicability

Establishes who must comply: all motor carriers operating CMVs in interstate commerce, all drivers of CMVs, all vehicles with GVWR over 10,001 lbs, all vehicles designed to transport 16+ passengers, and all vehicles transporting hazardous materials requiring placards.

49 CFR Part 391: Driver Qualification Standards

Who can legally drive an 18-wheeler:

• Must be at least 21 years old (interstate) or 18 years old (intrastate)
• Can read and speak English sufficiently
• Physically qualified under § 391.41
• Valid commercial driver’s license (CDL)
• Completed driver’s road test or equivalent
• Not disqualified under § 391.15

Driver Qualification File Requirements:

Motor carriers MUST maintain a DQ File for EVERY driver containing: employment application, motor vehicle record, road test certificate, medical examiner’s certificate, annual driving record review, previous employer inquiries, and drug & alcohol test records.

Why this matters for your case: If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.

49 CFR Part 392: Driving of Commercial Motor Vehicles

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.

Drugs and Other Substances (§ 392.4): Prohibits operating under influence of Schedule I substances, amphetamines, narcotics, or any substance rendering driver incapable of safe driving.

Alcohol (§ 392.5): Prohibits alcohol use within 4 hours before duty, while on duty, or being under influence (.04 BAC or higher) while on duty.

Mobile Phone Use (§ 392.82): Prohibits hand-held mobile telephone use and texting while driving.

49 CFR Part 393: Parts and Accessories for Safe Operation

Cargo Securement (§ 393.100-136):

Cargo must be contained, immobilized, or secured to prevent leaking, spilling, blowing, or falling; shifting that affects vehicle stability; and blocking the driver’s view.

Performance Criteria: Securement systems must withstand forward 0.8 g deceleration, rearward 0.5 g acceleration, lateral 0.5 g, and downward 20% of cargo weight.

Brakes (§ 393.40-55): All CMVs must have properly functioning service brakes on all wheels, parking/emergency brake system, and air brake systems meeting specific requirements.

Lighting (§ 393.11-26): Required headlamps, tail lamps, stop lamps, clearance and side marker lamps, reflectors, and turn signal lamps.

49 CFR Part 395: Hours of Service (HOS) Regulations

THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.

Property-Carrying Drivers:

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, record GPS location and speed, and cannot be altered after the fact.

WHY ELD DATA IS CRITICAL EVIDENCE:

ELDs prove exactly how long the driver was on duty, whether breaks were taken as required, speed before and during the accident, GPS location history, and any HOS violations.

WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.

49 CFR Part 396: Inspection, Repair, and Maintenance

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:

• Pre-Trip Inspection (§ 396.13): Before driving, drivers must be satisfied the CMV is in safe operating condition
• Post-Trip Report (§ 396.11): After each day’s driving, drivers must prepare written report on vehicle condition covering service brakes, parking brake, steering mechanism, lighting devices, tires, horn, windshield wipers, rear vision mirrors, coupling devices, wheels and rims, and 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: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.

The 48-Hour Evidence Preservation Protocol: Why Time Is Your Enemy

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 TIMELINES:

THE SPOLIATION LETTER:

A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.

Why it matters:

• Puts defendants on legal notice of their preservation obligation
• Creates serious consequences if evidence is destroyed
• Courts can impose sanctions, adverse inferences, or even default judgment for spoliation

When we send it: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.

What our spoliation letter demands:

• ECM/Black Box data and ELD records
• Driver Qualification File and training records
• Maintenance and inspection records
• Dashcam and surveillance footage
• GPS and telematics data
• Cell phone records and dispatch communications
• Drug and alcohol test results
• The physical truck and trailer themselves

Every hour you wait, evidence disappears. The trucking company has lawyers working right now. What are you doing?

Call 1-888-ATTY-911 immediately. We’ll send a preservation letter today.

Catastrophic Injuries: When Your Life Changes Forever

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. An 80,000-pound truck against a 4,000-pound car is not a fair fight.

Traumatic Brain Injury (TBI)

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

Severity levels:

• 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, speech difficulties, personality changes

Lifetime care costs: $85,000 to $3,000,000+ depending on severity

Attorney911 has recovered $1.5 million to $9.8 million for TBI victims. We understand the long-term consequences and fight for full compensation.

Spinal Cord Injury

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

Types of paralysis:

• Paraplegia: Loss of function below the waist—cannot walk, may affect bladder/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 recovery possible
• Complete injury: No nerve function below injury—total loss of sensation and movement

Lifetime care costs:

• Paraplegia: $1.1 million to $2.5 million+
• Quadriplegia: $3.5 million to $5 million+

These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.

Attorney911 has secured $4.7 million to $25.8 million for spinal cord injury victims.

Amputation

Types:

• Traumatic amputation: Limb severed at the scene due to crash forces
• Surgical amputation: Limb so severely damaged it must be surgically removed

Common in 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, occupational therapy, 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

Attorney911 has recovered $1.9 million to $8.6 million for amputation victims.

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:

• First degree: Epidermis only—minor, heals without scarring
• Second degree: Epidermis and dermis—may scar, may need grafting
• Third degree: Full thickness—requires skin grafts, permanent scarring
• Fourth degree: 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, surviving family members can recover compensation through wrongful death claims.

Who can bring a claim (Colorado law): Surviving spouse, children (minor and adult), parents (if no spouse or children), estate representative

Types of claims:

• Wrongful death action: Compensation for survivors’ losses
• Survival action: Compensation for decedent’s pain/suffering before death

Damages available: Lost future income and benefits, loss of consortium (companionship, care, guidance), mental anguish and emotional suffering, funeral and burial expenses, medical expenses before death, punitive damages (if gross negligence)

Attorney911 has recovered $1.9 million to $9.5 million for wrongful death cases.

Colorado statute of limitations: 2 years from date of death to file wrongful death lawsuit. Don’t wait.

Insurance Coverage: Why Trucking Cases Are High-Value

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies.

Federal Minimum Liability Limits

Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

Types of Damages Recoverable

Economic damages (calculable losses):

• Medical expenses (past, present, future)
• Lost wages and income
• Lost earning capacity
• Property damage
• Out-of-pocket expenses
• Life care costs for catastrophic injuries

Non-economic damages (quality of life):

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Disfigurement
• Loss of consortium
• Physical impairment

Punitive damages (punishment for gross negligence):

Colorado allows punitive damages when the trucking company or driver acted with gross negligence, willful misconduct, or conscious indifference to safety. These require clear and convincing evidence and are awarded in addition to compensatory damages.

Colorado Law: What La Plata County Victims Need to Know

Statute of Limitations

Personal injury: 2 years from date of accident
Wrongful death: 2 years from date of death
Property damage: 3 years

Critical: Colorado’s statute of limitations is shorter than many states. Evidence disappears faster than you think. Contact an attorney immediately.

Comparative Negligence

Colorado follows modified comparative negligence 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 recover nothing

Example: If you’re awarded $100,000 but found 30% at fault, you recover $70,000. If found 50% at fault, you recover $0.

This makes proving the trucking company’s negligence critical. The more fault we can attribute to them, the more you recover.

Damage Caps

Colorado caps non-economic damages in personal injury cases at $300,000 (adjustable to $500,000 with clear evidence). However:

• No cap on economic damages (medical bills, lost wages)
• No cap on wrongful death non-economic damages (different standard)
• Punitive damages capped at equal to compensatory damages

These caps make skilled legal representation even more important. We must maximize economic damages and build strong cases for exceptions.

Frequently Asked Questions: La Plata County 18-Wheeler Accidents

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

If you’re able:

• Call 911 and report the accident
• Seek medical attention immediately, even if injuries seem minor
• Document the scene with photos and video
• 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

The mountain roads around La Plata County can make accident scenes particularly hazardous. If you’re on US 550 near Coal Bank Pass or US 160 through Wolf Creek Pass, prioritize safety and getting to a secure location.

Should I go to the hospital 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. La Plata County’s hospitals—Mercy Regional Medical Center in Durango, San Juan Regional Medical Center in nearby Farmington—can identify injuries that become critical evidence in your case. Delaying treatment gives insurance companies ammunition to deny your claim.

How long do I have to file a lawsuit in Colorado?

Two years from the date of your accident for personal injury claims. For wrongful death, two years from the date of death. This is shorter than many states. More importantly, evidence disappears much faster—black box data can be overwritten in 30 days, dashcam footage deleted in days, and witness memories fade within weeks. Contact an attorney immediately.

What if I was partially at fault for the accident?

Colorado follows modified comparative negligence with a 50% bar. If you’re less than 50% at fault, you can recover damages reduced by your percentage of fault. If you’re 50% or more at fault, you recover nothing. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove the trucking company’s negligence. Drivers often lie to protect their jobs—the data tells the true story.

How much is my case worth?

Case values depend on many factors: severity of injuries, medical expenses (past and future), lost income and earning capacity, pain and suffering, degree of defendant’s negligence, and available insurance coverage. Trucking companies carry $750,000 to $5 million in insurance—far more than typical car accidents. We’ve recovered millions for families in cases ranging from moderate injuries to catastrophic wrongful death. Call for a free case evaluation.

Will my case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary. Our preparation creates leverage that drives better settlements.

Do I need to pay anything upfront?

No. We work on contingency—you pay absolutely nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket. This makes quality legal representation accessible to everyone, regardless of financial situation.

What is a spoliation letter and why does it matter?

A spoliation letter is a formal legal notice demanding that the trucking company preserve all evidence related to the accident—including ECM/black box data, ELD records, maintenance records, driver files, and more. Once we send this letter, destroying evidence becomes a serious legal violation that courts punish with sanctions and adverse jury instructions. We send spoliation letters within 24 hours of being retained.

How do I choose the right attorney for my La Plata County trucking accident?

Look for these critical factors:

• Specific trucking experience: Not just personal injury—18-wheeler cases specifically
• Federal court admission: Critical for interstate trucking cases
• FMCSA regulation knowledge: Must understand the rules to prove violations
• Evidence preservation capability: Can they act fast enough to save black box data?
• Trial experience: Willingness to go to court creates settlement leverage
• Resources: Can they afford experts, reconstruction, and litigation costs?

Ralph Manginello brings 25+ years of trucking litigation experience, federal court admission, and a track record of multi-million dollar results. Lupe Peña adds insider insurance defense knowledge. Together, they provide La Plata County victims with representation that rivals anything available in Denver or nationwide.

Don’t settle for less. Call 1-888-ATTY-911.

The Attorney911 Difference: What Our Clients Say

We don’t just talk about results—we deliver them. But don’t take our word for it. Here’s what clients have told us:

“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
— Chad Harris

“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
— Donald Wilcox

“They fought for me to get every dime I deserved.”
— Glenda Walker

“Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
— Ernest Cano

“I lost everything… 1 year later I have gained so much in return plus a brand new truck.”
— Kiimarii Yup

“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle

These aren’t just testimonials—they’re proof of what happens when you hire a firm that truly fights for you. At Attorney911, we don’t see case numbers. We see families. We see futures. We see justice that must be won.

Colorado’s Mountain Highways: Unique Risks for La Plata County Drivers

La Plata County’s geography creates trucking hazards found nowhere else in America. Understanding these risks helps explain why accidents happen here—and why victims need specialized legal representation.

US Highway 550: The Million Dollar Highway

This legendary route between Durango and Silverton presents extraordinary challenges for commercial trucks:

• Elevation changes: From 6,500 feet in Durango to over 11,000 feet at Coal Bank Pass
• Steep grades: Sustained 6-7% grades that overheat brakes and test engine limits
• Tight curves: Hairpin turns with limited visibility and no shoulder
• Weather extremes: Sudden snowstorms even in summer, black ice, rock slides

Trucks on US 550 operate at the absolute edge of their capabilities. Brake fade on descents, engine overheating on climbs, and loss of control on curves are constant threats. When trucking companies push drivers to maintain schedules on this highway, they’re playing Russian roulette with lives.

US Highway 160: The Southern Corridor

US 160 carries heavy truck traffic east-west through La Plata County, connecting to Wolf Creek Pass—one of the most dangerous mountain crossings in America:

• Wolf Creek Pass: 10,850-foot elevation with 7% grades and switchback curves
• Weather hazards: Heavy snowfall, avalanche risk, limited visibility
• Runaway truck ramps: Multiple emergency ramps indicating historical brake failure incidents
• Chain requirements: Frequent winter chain laws for commercial vehicles

The trucking industry knows Wolf Creek Pass is dangerous—yet companies continue routing heavy trucks through this corridor to save time and fuel. When schedules override safety, accidents follow.

Local Roads and Rural Highways

Beyond the major corridors, La Plata County’s network of county roads and state highways creates additional risks:

• Forest Service roads: Narrow, unpaved, with limited maintenance and no guardrails
• Agricultural routes: Seasonal heavy equipment transport during planting and harvest
• Mining access roads: Heavy haul trucks operating at extreme weights
• Tourist corridors: Increased traffic during ski season and summer recreation

Each of these environments creates unique accident risks—and unique legal issues when accidents occur.

The Evidence That Wins Cases: What We Preserve

Trucking companies begin building their defense within hours of an accident. We move faster. Our 48-hour evidence preservation protocol ensures critical data isn’t destroyed.

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

The ECM records:

• Speed before and during the crash
• Brake application timing and force
• Engine RPM and throttle position
• Cruise control status
• Fault codes indicating mechanical issues

Critical: ECM data can be overwritten in 30 days or with new driving events. We demand immediate preservation.

Electronic Logging Device (ELD) Records

ELDs prove:

• Exact hours of service compliance or violations
• Whether required breaks were taken
• GPS location history
• Driving time vs. on-duty time

Critical: FMCSA only requires 6-month retention. We secure this data before it’s purged.

Driver Qualification File

The DQ File contains:

• Employment application and background check
• Driving record and previous employers
• Medical certification and exam records
• Drug and alcohol test results
• Training documentation

Why it matters: Missing or incomplete files prove negligent hiring.

Maintenance and Inspection Records

These show:

• Whether required inspections were performed
• Known defects that were ignored
• Deferred maintenance to save costs
• Brake and tire condition history

Why it matters: Maintenance failures cause 29% of truck accidents.

Physical Evidence

We preserve:

• The truck and trailer themselves
• Failed components for expert analysis
• Cargo and securement devices
• Tire remnants if blowout involved

Witness Statements and Surveillance

• Independent witness accounts before memories fade
• Nearby business surveillance footage before deletion
• Police bodycam and dashcam recordings

Every piece of evidence we preserve strengthens your case. Every piece the trucking company destroys weakens theirs—if we act fast enough to stop them.

Call 1-888-ATTY-911 now. We’ll send a spoliation letter within 24 hours.

Colorado Law: Your Rights as a La Plata County Trucking Accident Victim

Statute of Limitations

Personal injury: 2 years from date of accident
Wrongful death: 2 years from date of death
Property damage: 3 years

Critical: Colorado’s 2-year limit is shorter than many states. Evidence disappears much faster. Contact an attorney immediately.

Comparative Negligence

Colorado follows modified comparative negligence with a 50% bar rule:

• Less than 50% at fault: Recover damages reduced by your percentage
• 50% or more at fault: Recover nothing

Example: $100,000 award, 30% at fault = $70,000 recovery. 50% at fault = $0 recovery.

This makes proving the trucking company’s negligence critical. We build cases that maximize their fault and protect your recovery.

Damage Caps

Colorado caps non-economic damages at $300,000 (adjustable to $500,000 with clear evidence). However:

• No cap on economic damages (medical bills, lost wages)
• No cap on wrongful death non-economic damages
• Punitive damages capped at equal to compensatory damages

These caps make skilled legal representation essential. We maximize economic damages and build cases for exceptions.

Your Next Step: Call Attorney911 Now

You’ve read this far because you or someone you love has been hurt by an 18-wheeler in La Plata County. You know the trucking company has lawyers working for them right now. You know evidence is disappearing. You know you need help.

Here’s what happens when you call 1-888-ATTY-911:

1. We answer 24/7. Trucking accidents don’t wait for business hours. Neither do we.

2. Free consultation. We’ll listen to your story, evaluate your case, and explain your options. No cost. No obligation.

3. Immediate action. If you hire us, we send spoliation letters within 24 hours to preserve critical evidence.

4. No upfront costs. We work on contingency. You pay nothing unless we win. We advance all investigation and litigation costs.

5. Personal attention. Ralph Manginello and Lupe Peña are directly involved in your case. You’re not handed off to paralegals. You’re family.

La Plata County deserves better than out-of-state call centers and billboard lawyers who’ve never driven our mountain roads. You deserve Attorney911.

Call 1-888-ATTY-911 now. Or visit attorney911.com.

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

Attorney911 / The Manginello Law Firm, PLLC
Managing Partner: Ralph P. Manginello, 25+ years experience
Associate Attorney: Lupe E. Peña, former insurance defense
Offices: Houston, Austin, Beaumont
Federal Court Admission: U.S. District Court, Southern District of Texas
24/7 Availability: 1-888-ATTY-911 (1-888-288-9911)