18-Wheeler & Trucking Accident Attorneys in Moffat County, Colorado
When 80,000 Pounds Changes Everything: Your Fight Starts Here
The impact was catastrophic. One moment you’re driving through Moffat County’s wide-open spaces, and the next, an 80,000-pound semi has destroyed your world. The truck driver had been on the road for 14 hours—four hours beyond federal limits. The cargo wasn’t properly secured. The brakes hadn’t been inspected in months. And now you’re paying the price.
Every 16 minutes, someone in America is injured in a commercial truck crash. In Colorado’s northwestern corridor, where I-70 and U.S. Highway 40 carry massive freight volumes through challenging mountain terrain, the risk is even higher. If you’ve been hurt in an 18-wheeler accident in Moffat County, you need more than a lawyer—you need a fighter who knows federal trucking regulations inside and out.
Ralph Manginello has spent over 25 years taking on trucking companies and winning. Since 1998, he’s recovered multi-million dollar settlements for families devastated by commercial vehicle crashes. He’s admitted to federal court, has litigated against Fortune 500 corporations, and knows every tactic trucking insurers use to minimize claims. Our associate attorney Lupe Peña spent years working for insurance companies—now he fights against them. That’s your advantage.
Call Attorney911 now at 1-888-ATTY-911. The trucking company already called their lawyers. What are you doing?
Why 18-Wheeler Accidents in Moffat County Are Different
The Physics Are Brutal
Your car weighs 4,000 pounds. The truck that hit you? Up to 80,000 pounds. That’s not a fair fight—it’s 20 times your vehicle’s mass. At 65 mph, a fully loaded semi needs nearly two football fields to stop. When physics this unforgiving meets human error, catastrophic injuries follow.
The Terrain Multiplies Risk
Moffat County’s geography creates unique trucking hazards. The county spans from the Wyoming border to the Yampa River valley, with elevations ranging from 5,000 to over 10,000 feet. U.S. Highway 40 crosses the county east-west, carrying freight from Denver to Salt Lake City. State Highway 13 runs north-south through Craig, connecting to Wyoming’s energy corridors.
These routes demand constant braking on steep grades. Winter brings heavy snow and black ice. Summer heat stresses tires and cooling systems. The remote stretches between Craig and Baggs, Wyoming, or between Craig and Steamboat Springs, mean limited emergency response and few witnesses when accidents occur.
The Industries Create Specific Hazards
Moffat County’s economy drives particular trucking risks:
Energy Sector: Oil and gas operations in the Uinta Basin and nearby Wyoming fields generate massive equipment transport. Heavy haul trucks carrying drilling equipment, fracking supplies, and oversized loads create unique hazards on narrow highways.
Agriculture: The county’s ranching heritage means livestock transport, feed deliveries, and equipment hauling on rural roads shared with passenger vehicles.
Recreation: Tourism to Dinosaur National Monument, the Yampa River, and regional ski areas creates seasonal spikes in freight and visitor traffic mixing with commercial vehicles.
The Regulatory Environment
Colorado applies modified comparative negligence with a 50% bar rule. If you’re found 50% or more at fault, you recover nothing. If less than 50% at fault, your damages are reduced by your percentage of fault. This makes thorough investigation and evidence preservation critical—trucking companies will argue you contributed to the crash.
Colorado’s statute of limitations gives you two years from the accident date to file a personal injury lawsuit. For wrongful death claims, the clock starts at the date of death. These deadlines are unforgiving—miss them and you lose your right to sue forever.
The 10 Liable Parties We Investigate in Every Moffat County Trucking Case
Most law firms sue the driver and trucking company and call it a day. That’s leaving money on the table. 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 person behind the wheel may be personally liable for negligent conduct: speeding, distracted driving, fatigue beyond legal limits, impairment, or traffic violations. We subpoena their driving record, ELD data, cell phone records, and drug test results.
2. The Trucking Company / Motor Carrier
This is usually the primary target. Under respondeat superior, employers are liable for employees’ negligent acts. Plus, we pursue direct negligence claims: negligent hiring, training, supervision, maintenance, and scheduling that pressures drivers to violate hours-of-service rules.
3. The Cargo Owner / Shipper
The company that arranged shipment may be liable for improper loading instructions, undisclosed hazardous cargo, overweight requirements, or pressure to expedite beyond safe limits.
4. The Cargo Loading Company
Third-party loaders who physically secured cargo may be liable for inadequate tiedowns, unbalanced distribution, or failure to use proper blocking and bracing per 49 CFR § 393.
5. The Truck and Trailer Manufacturer
Design defects in brake systems, stability control, or fuel tank placement; manufacturing defects in welds or components; or failure to warn of known dangers can create product liability claims.
6. The Parts Manufacturer
Defective brakes, tires, steering mechanisms, lighting, or coupling devices from component suppliers may be independently liable.
7. The Maintenance Company
Third-party mechanics who serviced the fleet may be liable for negligent repairs, failure to identify critical safety issues, improper brake adjustments, or using substandard parts.
8. The Freight Broker
Brokers who arranged transportation may be liable for negligent carrier selection—hiring carriers with poor safety records, inadequate insurance, or known violations.
9. The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the vehicle owner may have separate liability for negligent entrustment or failure to maintain owned equipment.
10. Government Entities
Federal, state, or local government may be liable for dangerous road design, inadequate maintenance, missing signage, or improper work zone setup. Special rules and short deadlines apply to government claims.
FMCSA Regulations That Prove Negligence in Moffat County Trucking Cases
The Federal Motor Carrier Safety Administration (FMCSA) sets mandatory safety standards for all commercial trucks operating in interstate commerce. When trucking companies violate these regulations, they’ve broken federal law—and that violation proves negligence in your personal injury case.
49 CFR Part 390: General Applicability
Establishes who must comply: all motor carriers operating CMVs in interstate commerce, all drivers of CMVs, and all vehicles over 10,001 lbs GVWR. Key violation: Operating without proper authority or insurance.
49 CFR Part 391: Driver Qualification Standards
Federal law requires trucking companies to verify that every driver is qualified to operate commercial vehicles safely.
Critical Requirements:
- Minimum age 21 for interstate commerce
- Valid Commercial Driver’s License (CDL) with proper endorsements
- Current medical examiner’s certificate (maximum 2 years)
- Ability to read and speak English sufficiently
- Safe driving record
Driver Qualification File (§ 391.51): Every motor carrier must maintain a complete file for each driver containing:
- Employment application
- Motor vehicle record from licensing state
- Road test certificate or equivalent
- Medical examiner’s certificate
- Annual driving record review
- Previous employer inquiries (3-year history)
- Drug and alcohol test records
Why This Matters for Your Case: Missing or incomplete DQ files prove negligent hiring. If the trucking company failed to verify qualifications, check driving history, or maintain proper records, they’re directly liable for putting an unqualified driver on the road.
49 CFR Part 392: Driving of Commercial Motor Vehicles
Establishes rules for safe operation. Violations here are direct evidence of driver negligence.
Ill or Fatigued Operators (§ 392.3): “No driver shall operate a commercial motor vehicle… while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe.”
Drugs and Other Substances (§ 392.4): Prohibits operating under influence of Schedule I substances, amphetamines, narcotics, or any substance rendering driver incapable of safe operation.
Alcohol (§ 392.5): Prohibits alcohol use within 4 hours before duty, while on duty, or being under influence (.04 BAC or higher) while operating.
Speeding (§ 392.6): Prohibits scheduling runs that would require exceeding speed limits.
Following Too Closely (§ 392.11): Requires reasonable and prudent following distance.
Mobile Phone Use (§ 392.82): Prohibits hand-held mobile telephone use while driving.
49 CFR Part 393: Parts and Accessories for Safe Operation
Equipment and cargo securement standards. Violations cause mechanical failures and cargo-related accidents.
Cargo Securement (§ 393.100-136): Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling
- Shifting that affects vehicle stability
- Blocking driver’s view or interfering with operation
Performance Criteria (§ 393.102): Securement systems must withstand:
- Forward: 0.8 g deceleration
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g side-to-side
- Downward: 20% of cargo weight if not fully contained
Brakes (§ 393.40-55): All CMVs must have properly functioning service brakes on all wheels, parking/emergency brake systems, and air brakes meeting specific requirements.
Lighting (§ 393.11-26): Required lighting includes headlamps, tail lamps, stop lamps, clearance and side marker lamps, reflectors, and turn signals.
49 CFR Part 395: Hours of Service (HOS) Regulations
The most commonly violated regulations in trucking accidents. These rules prevent driver fatigue.
Property-Carrying Drivers:
| Rule | Requirement |
|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off duty |
| 10-Hour Off-Duty | Must have minimum 10 consecutive hours off duty before driving |
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 engines, and cannot be altered. ELD data proves HOS violations and is critical evidence in fatigue-related accidents.
49 CFR Part 396: Inspection, Repair, and Maintenance
Ensures CMVs are maintained in safe operating condition. Violations here prove systemic negligence.
Systematic Maintenance (§ 396.3): “Every motor carrier… must systematically inspect, repair, and maintain… all motor vehicles subject to its control.”
Driver Inspection Requirements:
- Pre-Trip (§ 396.13): Driver must be satisfied vehicle is in safe operating condition before driving
- Post-Trip Report (§ 396.11): After each day’s driving, driver 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, emergency equipment
Annual Inspection (§ 396.17): Every CMV must pass comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records retained 14 months.
Maintenance Record Retention (§ 396.3): Records must show identification, inspection schedule, and repair history—retained for 1 year.
The 48-Hour Evidence Preservation Protocol: Why Immediate Action Saves Cases
Evidence in Moffat County 18-wheeler accident cases disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of a crash. If you don’t act immediately, critical evidence will be lost forever.
Critical Evidence Timelines
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Records | FMCSA only requires 6-month retention |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your Legal Shield
A spoliation letter is a formal legal notice we send to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to your 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
- The sooner sent, the more weight it carries
When We Send It: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.
What Our Spoliation Letter Demands
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Medical certification and exam records
- Drug and alcohol test results
- Training documentation
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
Catastrophic Injuries from 18-Wheeler Accidents in Moffat County
The physics of trucking accidents make catastrophic injuries the norm. An 80,000-pound truck at highway speed carries approximately 80 times the kinetic energy of a passenger car. When that energy transfers to your vehicle, the results are devastating.
Traumatic Brain Injury (TBI)
TBI occurs when sudden trauma damages the brain. In Moffat County trucking accidents, the extreme forces cause the brain to impact the inside of the skull.
Severity Levels:
| Level | Symptoms | Prognosis |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief loss of consciousness | Usually recovers, but may have lasting effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
Common Symptoms: Headaches, dizziness, nausea, memory loss, difficulty concentrating, mood changes, sleep disturbances, sensory problems, speech difficulties, personality changes.
Long-Term Consequences: Permanent cognitive impairment, inability to work, need for ongoing care, increased risk of dementia and Alzheimer’s, depression and emotional disorders.
Settlement Range: $1,548,000 – $9,838,000+
Spinal Cord Injury and Paralysis
Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable—may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Lifetime Care Costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
Settlement Range: $4,770,000 – $25,880,000+
Amputation
Types: Traumatic amputation (severed at scene) or surgical amputation (damage too severe to save limb).
Common in Trucking Accidents Due To: Crushing forces from impact, entrapment requiring amputation for extraction, severe burns, infections from open wounds.
Ongoing Medical Needs: Initial surgery and hospitalization, prosthetic limbs ($5,000 – $50,000+ each), replacement prosthetics throughout lifetime, physical and occupational therapy, psychological counseling, home modifications.
Settlement Range: $1,945,000 – $8,630,000
Severe Burns
How Burns Occur: Fuel tank rupture and fire, hazmat cargo spills, electrical fires, friction burns from road contact, chemical burns from cargo.
Classification:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, possible amputation |
Internal Organ Damage
Common injuries: liver laceration, spleen damage, kidney damage, lung contusion, internal bleeding, bowel damage. These injuries may not show immediate symptoms but can be life-threatening.
Wrongful Death
When a trucking accident kills, surviving family members may recover: lost future income, loss of consortium and guidance, mental anguish, funeral expenses, medical expenses before death, and punitive damages for gross negligence.
Settlement Range: $1,910,000 – $9,520,000+
FMCSA Regulations That Prove Negligence in Moffat County Trucking Cases
Every commercial truck on American highways must comply with federal safety regulations. When trucking companies violate these rules, they’ve broken federal law—and that violation proves negligence in your personal injury case.
49 CFR Part 391: Driver Qualification Standards
Federal law requires trucking companies to verify that every driver is qualified to operate commercial vehicles safely.
Critical Requirements:
- Minimum age 21 for interstate commerce
- Valid Commercial Driver’s License (CDL) with proper endorsements
- Current medical examiner’s certificate (maximum 2 years)
- Ability to read and speak English sufficiently
- Safe driving record
Driver Qualification File (§ 391.51): Every motor carrier must maintain a complete file for each driver containing: employment application, motor vehicle record, road test certificate, medical examiner’s certificate, annual driving record review, previous employer inquiries, and drug and alcohol test records.
Why This Matters for Your Case: Missing or incomplete DQ files prove negligent hiring. If the trucking company failed to verify qualifications, check driving history, or maintain proper records, they’re directly liable for putting an unqualified driver on Moffat County’s highways.
49 CFR Part 392: Driving of Commercial Motor Vehicles
Establishes rules for safe operation. Violations are direct evidence of driver negligence.
Ill or Fatigued Operators (§ 392.3): “No driver shall operate a commercial motor vehicle… while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe.”
Drugs and Other Substances (§ 392.4): Prohibits operating under influence of Schedule I substances, amphetamines, narcotics, or any substance rendering driver incapable of safe operation.
Alcohol (§ 392.5): Prohibits alcohol use within 4 hours before duty, while on duty, or being under influence (.04 BAC or higher) while operating.
Speeding (§ 392.6): Prohibits scheduling runs that would require exceeding speed limits.
Following Too Closely (§ 392.11): Requires reasonable and prudent following distance.
Mobile Phone Use (§ 392.82): Prohibits hand-held mobile telephone use while driving.
49 CFR Part 393: Parts and Accessories for Safe Operation
Equipment and cargo securement standards. Violations cause mechanical failures and cargo-related accidents.
Cargo Securement (§ 393.100-136): Cargo must be contained, immobilized, or secured to prevent leaking, spilling, blowing, or falling; shifting that affects stability; or blocking driver’s view.
Performance Criteria (§ 393.102): Securement systems must withstand: forward 0.8 g deceleration, rearward 0.5 g acceleration, lateral 0.5 g side-to-side, and downward 20% of cargo weight.
Brakes (§ 393.40-55): All CMVs must have properly functioning service brakes on all wheels, parking/emergency brake systems, and air brakes meeting specific requirements.
Lighting (§ 393.11-26): Required lighting includes headlamps, tail lamps, stop lamps, clearance and side marker lamps, reflectors, and turn signals.
49 CFR Part 395: Hours of Service (HOS) Regulations
The most commonly violated regulations in trucking accidents. These rules prevent driver fatigue.
Property-Carrying Drivers:
| Rule | Requirement |
|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off duty |
| 10-Hour Off-Duty | Must have minimum 10 consecutive hours off duty before driving |
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 engines, and cannot be altered. ELD data proves HOS violations and is critical evidence in fatigue-related accidents.
49 CFR Part 396: Inspection, Repair, and Maintenance
Ensures CMVs are maintained in safe operating condition. Violations prove systemic negligence.
Systematic Maintenance (§ 396.3): “Every motor carrier… must systematically inspect, repair, and maintain… all motor vehicles subject to its control.”
Driver Inspection Requirements:
- Pre-Trip (§ 396.13): Driver must be satisfied vehicle is in safe operating condition before driving
- Post-Trip Report (§ 396.11): After each day’s driving, driver 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, emergency equipment
Annual Inspection (§ 396.17): Every CMV must pass comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records retained 14 months.
Maintenance Record Retention (§ 396.3): Records must show identification, inspection schedule, and repair history—retained for 1 year.
Types of 18-Wheeler Accidents in Moffat County
Jackknife Accidents
A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.
Why It Happens in Moffat County: Jackknifes frequently occur on the steep grades of U.S. Highway 40 between Craig and the Utah border, and on I-70’s mountain passes when drivers fail to adjust speed for conditions. Sudden braking on black ice—a common winter hazard on Moffat County’s elevated roadways—causes trailer swing.
Evidence We Gather: Skid mark analysis showing trailer angle, brake inspection records, weather conditions, ELD data showing speed before braking, ECM data for brake application timing, cargo manifest and loading records.
FMCSA Violations: 49 CFR § 393.48 (brake 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.
Why It Happens in Moffat County: Approximately 50% of rollovers result from failure to adjust speed on curves. Moffat County’s terrain includes numerous curves on Highway 13 north of Craig and on the winding sections of U.S. 40. Liquid cargo “slosh” from the region’s oil and gas transport shifts center of gravity dangerously. Overcorrection after tire blowout on remote stretches where drivers panic compounds risk.
Evidence We Gather: ECM data for speed through curve, cargo manifest and securement documentation, load distribution records, driver training records on rollover prevention, road geometry and signage analysis, witness statements on truck speed.
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.
Why It Happens in Moffat County: Approximately 400-500 underride deaths occur annually nationwide. Rear underride often occurs at intersections on Highway 13 through Craig or at U.S. 40 junctions when trucks stop suddenly. Side underride happens during lane changes on the narrow sections of Highway 13 or when trucks make wide turns at rural intersections with limited visibility. Low winter sun angles and blowing snow reduce visibility dramatically.
Evidence We Gather: Underride guard inspection and maintenance records, rear lighting compliance documentation, crash dynamics showing underride depth, guard installation and certification records, visibility conditions at accident scene, post-crash guard deformation analysis.
FMCSA/NHTSA Requirements: 49 CFR § 393.86 (rear impact guards required on trailers manufactured after January 26, 1998); guards must prevent underride at 30 mph impact; NO FEDERAL REQUIREMENT for side underride guards.
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.
Why It Happens in Moffat County: 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. On Moffat County’s long, straight stretches of Highway 13 or U.S. 40, drivers become complacent. When traffic suddenly slows for wildlife, weather conditions, or construction, trucks cannot stop in time. Driver distraction from dispatch communications or cell phone use compounds the danger on these monotonous routes.
Evidence We Gather: ECM data showing following distance and speed, ELD data for driver fatigue analysis, cell phone records for distraction evidence, brake inspection and maintenance records, dashcam footage, traffic conditions and speed limits.
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.
Why It Happens in Moffat County: 18-wheelers need significant space to complete turns—trailer tracks inside the cab’s path. In Craig’s downtown area or at rural intersections throughout the county, drivers must swing wide to avoid curbs, signs, or buildings. Failure to properly signal, inadequate mirror checks, driver inexperience with trailer tracking, and failure to yield right-of-way when completing turns all contribute. The limited visibility at many Moffat County intersections—especially during winter storms—exacerbates these risks.
Evidence We Gather: Turn signal activation data from ECM, mirror condition and adjustment records, driver training records on turning procedures, intersection geometry analysis, witness statements on turn execution, surveillance camera footage from nearby businesses.
FMCSA Violations: 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 (“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.
The Four No-Zones:
- Front No-Zone: 20 feet directly in front—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 than left—MOST DANGEROUS
Why It Happens in Moffat County: Right-side blind spot accidents are especially dangerous due to larger blind spot area. On Highway 13’s two-lane sections or during lane changes on U.S. 40’s wider stretches, failure to check mirrors, improperly adjusted or damaged mirrors, driver distraction, and driver fatigue affecting situational awareness all contribute. The high winds common in Moffat County can push trucks unexpectedly during lane changes, and drivers struggling with crosswinds may be less attentive to their blind spots.
Evidence We Gather: Mirror condition and adjustment at time of crash, lane change data from ECM/telematics, turn signal activation records, driver training on blind spot awareness, dashcam footage, witness statements on truck behavior.
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
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 It Happens in Moffat County: 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. Moffat County’s extreme temperature variations—summer highs exceeding 90°F and winter lows below 0°F—accelerate tire degradation. Underinflated tires overheat on long hauls; overloaded vehicles exceed tire capacity; worn or aging tires aren’t replaced; road debris from rural highways punctures tires; improper tire matching on dual wheels; heat buildup on the steep grades of Highway 13 or U.S. 40; and inadequate pre-trip tire inspections all contribute to blowout risk.
Evidence We Gather: Tire maintenance and inspection records, tire age and wear documentation, tire inflation records and pressure checks, vehicle weight records (weigh station), tire manufacturer and purchase records, failed tire for defect analysis.
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
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 It Happens in Moffat County: 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. Moffat County’s mountain terrain is especially brutal on brakes—constant braking on steep descents from the Uinta Mountains or the Continental Divide causes brake fade. Worn brake pads or shoes not replaced, improper brake adjustment (too loose), air brake system leaks or failures, overheated brakes on long descents, contaminated brake fluid, defective brake components, failure to conduct pre-trip inspections, and deferred maintenance to save costs all contribute to failure risk.
Evidence We Gather: 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.
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/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.
Why It Happens in Moffat County: 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. Moffat County’s energy sector generates unique cargo risks—oil and gas equipment, drilling supplies, and hazardous materials travel these roads daily. The steep grades and sharp curves of Highway 13 and U.S. 40 create forces that test even properly secured loads. 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, and loose tarps allowing cargo shift all contribute to accidents.
Evidence We Gather: 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.
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
Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.
Why It Happens in Moffat County: Head-on collisions are among the deadliest accident types. Even at moderate combined speeds, the force is often fatal. They often occur on two-lane highways or from wrong-way entry. Moffat County’s Highway 13 and U.S. 40 include long stretches of two-lane highway with limited visibility. Driver fatigue causing lane departure, driver falling asleep at the wheel, driver distraction from phone or GPS, impaired driving, medical emergency, overcorrection after running off road, passing on two-lane roads, and wrong-way entry onto divided highways all contribute to these devastating crashes.
Evidence We Gather: ELD data for HOS compliance and fatigue, ECM data showing lane departure and steering, cell phone records for distraction, driver medical records and certification, drug and alcohol test results, route and dispatch records.
FMCSA Violations: 49 CFR § 395 (hours of service violations), 49 CFR § 392.3 (operating while fatigued), 49 CFR § 392.4/5 (drug or alcohol violations), 49 CFR § 392.82 (mobile phone use).
Colorado Law: What Moffat County Trucking Accident Victims Need to Know
Statute of Limitations
Colorado gives you two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the two-year clock starts at the date of death. These deadlines are absolute—miss them and you lose your right to sue forever, no matter how serious your injuries or how clear the trucking company’s negligence.
Comparative Negligence: The 50% Bar Rule
Colorado follows modified comparative negligence with a 50% bar. Here’s what this means for your Moffat County case:
-
If you’re found less than 50% at fault, you can recover damages reduced by your percentage of fault. If you’re 20% at fault and your damages are $1 million, you recover $800,000.
-
If you’re found 50% or more at fault, you recover nothing.
This makes thorough investigation and evidence preservation critical. Trucking companies and their insurers will argue you contributed to the crash. We gather the ECM data, ELD logs, and witness statements that prove what really happened.
Damage Caps
Colorado caps punitive damages at the amount of compensatory damages awarded. Unlike some states, Colorado does not cap non-economic damages (pain and suffering) in personal injury cases. Your full damages are recoverable.
Government Entity Claims
If a government entity’s road design or maintenance contributed to your accident, special rules apply. Colorado requires notice of claim within 180 days for state and local government claims. These cases have additional procedural requirements and damage limitations.
The 48-Hour Evidence Preservation Protocol: Act Now or Lose Your Case
Evidence in Moffat County 18-wheeler accident cases disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of a crash. If you don’t act immediately, critical evidence will be lost forever.
Critical Evidence Timelines
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Records | FMCSA only requires 6-month retention |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your Legal Shield
A spoliation letter is a formal legal notice we send to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to your 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
- The sooner sent, the more weight it carries
When We Send It: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.
What Our Spoliation Letter Demands
Electronic Data: ECM/ECU data, EDR data, ELD records, GPS and telematics data, dashcam footage, dispatch communications, cell phone records, Qualcomm or fleet management system data.
Driver Records: Complete Driver Qualification File, employment application, background check, driving record, medical certification, drug and alcohol test results, training documentation.
Vehicle Records: Maintenance and repair records, inspection reports, out-of-service orders, tire records, brake inspection records.
Company Records: Hours of service records for 6 months prior, dispatch logs, bills of lading, insurance policies, safety policies.
Physical Evidence: The truck and trailer, failed components, cargo and securement devices, tire remnants.
Why Choose Attorney911 for Your Moffat County Trucking Accident Case
25+ Years of Trucking Litigation Experience
Ralph Manginello has been fighting for injury victims since 1998. He’s secured multi-million dollar verdicts and settlements against the largest trucking companies in America. His federal court admission to the Southern District of Texas means he can handle complex interstate cases that other attorneys must refer out.
Former Insurance Defense Attorney on Your Side
Lupe Peña worked for a national insurance defense firm before joining Attorney911. He knows exactly how commercial trucking insurers evaluate claims, train adjusters to minimize payouts, and decide when to settle. Now he uses that insider knowledge to fight for maximum compensation for Moffat County accident victims.
Hablamos Español. Lupe Peña provides fluent Spanish representation without interpreters. If you or your family members speak Spanish as your primary language, you deserve direct communication with your attorney. Llame a Lupe Peña al 1-888-ATTY-911.
Multi-Million Dollar Results
Our track record speaks for itself:
- $5+ million for traumatic brain injury victim (falling log)
- $3.8+ million for partial leg amputation after car crash
- $2.5+ million for truck crash recovery
- $2+ million for maritime back injury
- Millions recovered for wrongful death cases
We’re currently litigating a $10 million lawsuit against a major university for hazing-related injuries—demonstrating our capacity for complex, high-stakes litigation.
Three Office Locations Serving Colorado and Beyond
With offices in Houston, Austin, and Beaumont, we serve trucking accident victims throughout Texas and across state lines. Ralph Manginello’s dual Texas and New York bar admissions, plus federal court admission, mean we can handle cases wherever they need to be filed.
For Moffat County clients, we offer remote consultations and travel to Colorado for your case. Distance is never a barrier to aggressive representation.
24/7 Availability
Trucking accidents don’t happen on business hours. Neither do we stop working. Call 1-888-ATTY-911 any time, day or night. We answer.
Contingency Fee—No Fee Unless We Win
You pay nothing upfront. We advance all investigation and litigation costs. Our fee comes only from what we recover for you. Standard contingency: 33.33% pre-trial, 40% if trial is necessary.
Client Testimonials: What Moffat County Families Can Expect
Don’t take our word for it. Here’s what our clients say:
“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
Frequently Asked Questions: Moffat County 18-Wheeler Accidents
What should I do immediately after an 18-wheeler accident in Moffat County?
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.
How long do I have to file a lawsuit in Colorado?
Colorado gives you two years from the accident date to file a personal injury lawsuit. For wrongful death, the clock starts at the date of death. These deadlines are absolute—miss them and you lose your right to sue forever. But waiting is dangerous: evidence disappears, witnesses forget, and trucking companies build their defense. Contact us within days, not months.
What if I was partially at fault for the accident?
Colorado uses modified comparative negligence with a 50% bar. If you’re less than 50% at fault, you can recover damages reduced by your percentage. If you’re 50% or more at fault, you recover nothing. Our job is to investigate thoroughly and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.
How much is my case worth?
Case values depend on injury severity, medical expenses (past and future), lost income and earning capacity, pain and suffering, degree of defendant’s negligence, and available insurance. Trucking companies carry $750,000 to $5 million or more in coverage—far more than typical car accidents. We’ve recovered millions for families with catastrophic injuries. Call for a free case evaluation.
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our associate attorney Lupe Peña used to work for insurance companies—he knows exactly how adjusters are trained to protect the trucking company’s interests.
What is a spoliation letter and why does it matter?
A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences. We send spoliation letters within 24 hours of being retained.
How quickly should I contact an attorney?
IMMEDIATELY—within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
What if my loved one was killed in a trucking accident?
We are deeply sorry for your loss. Colorado allows wrongful death claims by surviving family members. You may recover lost future income, loss of companionship and guidance, mental anguish, funeral expenses, and punitive damages if gross negligence is proven. Time limits apply—contact us immediately to protect your rights.
Do I need to pay anything upfront to hire your firm?
NO. We work on contingency—you pay absolutely nothing unless we win your case. We advance all investigation and litigation costs. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.
Your Next Step: Call Attorney911 Today
The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. Their rapid-response team is already at the scene preserving evidence for their defense.
What are you doing?
Every hour you wait, evidence in your Moffat County trucking accident case disappears. Black box data can be overwritten in 30 days. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company is building their defense while you recover from your injuries.
Call Attorney911 NOW at 1-888-ATTY-911 for a free consultation.
Ralph Manginello has spent 25+ years making trucking companies pay. Our team includes a former insurance defense attorney who knows every tactic they’ll use against you. We’ve recovered millions for families just like yours.
Hablamos Español. Lupe Peña provides direct Spanish representation. Llame al 1-888-ATTY-911.
You pay nothing unless we win. We advance all costs. We’re available 24/7.
The trucking company has lawyers. So should you. Call 1-888-ATTY-911 today.