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Montezuma County 18-Wheeler Accident Attorneys: Attorney911 Delivers 25+ Years of Multi-Million Dollar Trucking Verdicts Led by Ralph Manginello with Former Insurance Defense Attorney Lupe Peña Exposing Carrier Tactics from Inside, FMCSA 49 CFR 390-399 Regulation Mastery, Hours of Service Violation Hunters, Black Box and ELD Data Extraction Experts, Complete Coverage of Jackknife Rollover Underride Wide Turn Blind Spot Tire Blowout Brake Failure Cargo Spill and Fatigued Driver Crashes, Catastrophic Injury Specialists for Traumatic Brain Injury Spinal Cord Paralysis Amputation Severe Burns Internal Damage Wrongful Death and PTSD, Federal Court Admitted for Interstate Cases, $50 Million Recovered Including $5 Million Logging Brain Injury $3.8 Million Amputation $2.5 Million Truck Crash and $2 Million Maritime Settlements, Trial Lawyers Achievement Association Million Dollar Member, 4.9 Star Google Rating with 251 Reviews, ABC13 KHOU 11 KPRC 2 and Houston Chronicle Featured, Trae Tha Truth Recommended, Legal Emergency Lawyers Trademarked, Hablamos Español for Montezuma County Families, Free 24/7 Consultation with Live Staff, No Fee Unless We Win with All Costs Advanced, Same Day Spoliation Letters and 48 Hour Evidence Preservation Protocol, Rapid Response Team Deployment, Call 1-888-ATTY-911 Now for Maximum Compensation

February 21, 2026 56 min read
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18-Wheeler & Trucking Accident Attorneys in Montezuma County, Colorado

When 80,000 Pounds Changes Everything

One moment you’re driving through Montezuma County on your way to Cortez, Mancos, or Dolores. The next, an 18-wheeler is jackknifing across Highway 160, or a fatigued truck driver drifts across the centerline on County Road G. The impact is catastrophic. Your vehicle weighs 4,000 pounds. The truck that hit you? Up to 80,000 pounds. That’s not a fair fight—and now you’re paying the price.

At Attorney911, we’ve spent over 25 years fighting for trucking accident victims across Colorado and beyond. Ralph Manginello, our managing partner since 1998, has recovered multi-million dollar settlements for families devastated by 18-wheeler crashes. Our associate attorney Lupe Peña brings something rare to your case: he spent years working for insurance companies before joining our firm. Now he uses that insider knowledge to fight against them. That’s your advantage.

If you’ve been hurt in a trucking accident anywhere in Montezuma County, call us immediately at 1-888-ATTY-911. The trucking company already has lawyers working to protect them. You need someone protecting you.

Why Montezuma County 18-Wheeler Accidents Are Different

Montezuma County sits at the intersection of critical freight corridors that connect the Four Corners region to major distribution networks. Highway 160 runs east-west through Cortez, carrying freight from the ports of California to the Midwest. Highway 491 (formerly 666) connects to New Mexico’s oil and gas fields. County roads like G, H, and 27 serve as vital links to agricultural operations, mining sites, and the Ute Mountain Ute Tribe lands.

This geography creates unique trucking hazards:

Mountain Passes and Steep Grades: The La Plata Mountains and surrounding terrain create challenging driving conditions. Trucks descending from high elevations face brake fade risks. Runaway truck ramps exist on some routes, but many county roads lack these safety features.

Agricultural and Livestock Traffic: Montezuma County’s farming and ranching economy means trucks share roads with slow-moving equipment, livestock haulers, and seasonal harvest traffic. This mix creates dangerous speed differentials and passing situations.

Oil and Gas Operations: While not as intensive as Weld County, Montezuma County has seen increased oil and gas trucking activity. Water haulers, equipment transporters, and service vehicles create additional heavy truck presence on rural roads.

Weather Extremes: From winter blizzards on the high plateau to summer thunderstorms that create flash flooding, Montezuma County weather can change rapidly. Trucks that don’t adjust for conditions cause devastating accidents.

Tourist and Recreational Traffic: Mesa Verde National Park, the San Juan National Forest, and world-class mountain biking and river running attract visitors unfamiliar with local roads. Trucks navigating around confused or slow-moving tourists create collision risks.

Understanding these local factors matters. When we investigate your Montezuma County trucking accident, we examine whether the driver was trained for mountain driving, whether the trucking company adjusted schedules for weather, and whether cargo was properly secured for steep grades. These details can prove negligence and maximize your recovery.

The 10 Potentially Liable Parties in Your Montezuma County Trucking Accident

Most law firms sue the driver and trucking company—and stop there. 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 driver who caused your accident may be personally liable for negligent conduct: speeding, distracted driving, fatigue, 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 often your primary recovery target. Under respondeat superior, employers are liable for employees’ negligent acts. Plus, trucking companies face direct liability for:

  • Negligent hiring: Failing to check backgrounds or hiring drivers with poor records
  • Negligent training: Inadequate safety instruction, especially for mountain driving
  • Negligent supervision: Ignoring ELD violations or driver complaints
  • Negligent maintenance: Deferring brake repairs or tire replacements to save money
  • Negligent scheduling: Pressuring drivers to violate hours-of-service rules

Trucking companies carry $750,000 to $5 million in insurance—far more than individual drivers.

3. Cargo Owner / Shipper

The company that owned the cargo being transported may be liable if they:

  • Required overweight loading that caused brake failure or rollover
  • Failed to disclose hazardous materials
  • Provided improper loading instructions
  • Pressured the carrier to meet impossible deadlines

4. Cargo Loading Company

Third-party loaders who physically placed cargo on the truck may be liable for:

  • Improper cargo securement violating 49 CFR § 393.100-136
  • Unbalanced load distribution causing rollover
  • Failure to use proper blocking, bracing, or tiedowns
  • Inadequate training of loading personnel

5. Truck and Trailer Manufacturer

The manufacturer may face product liability for:

  • Defective brake systems prone to failure
  • Inadequate stability control causing rollovers
  • Fuel tank placement creating fire risks
  • Defective steering mechanisms
  • Failure to warn of known dangers

6. Parts Manufacturer

Component manufacturers may be liable for:

  • Defective tires causing blowouts
  • Faulty brake components
  • Defective steering parts
  • Inadequate lighting systems

7. Maintenance Company

Third-party repair shops may be liable for:

  • Negligent repairs that failed to fix problems
  • Improper brake adjustments
  • Using substandard parts
  • Returning vehicles with known defects

8. Freight Broker

Brokers who arranged the transportation may be liable for:

  • Negligent selection of carriers with poor safety records
  • Failure to verify carrier insurance and authority
  • Ignoring carrier CSA scores
  • Selecting cheapest carrier despite safety concerns

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may be liable for:

  • Negligent entrustment of vehicle to unfit driver
  • Failure to maintain owned equipment
  • Knowledge of driver’s unfitness

10. Government Entity

Federal, state, or local government may be liable for:

  • Dangerous road design on Montezuma County highways
  • Failure to maintain roads (potholes, debris, worn markings)
  • Inadequate signage for known hazards
  • Improper work zone setup

Government claims have strict notice requirements and shorter deadlines—contact us immediately if you suspect government liability.

FMCSA Regulations That Prove Negligence in Your Montezuma County Trucking Accident

The Federal Motor Carrier Safety Administration (FMCSA) regulates every 18-wheeler on American highways. When trucking companies violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.

49 CFR Part 390 — General Applicability

Establishes who must comply with federal trucking regulations. Applies to all commercial motor vehicles with GVWR over 10,001 lbs, all vehicles designed for 16+ passengers, and all vehicles transporting hazardous materials requiring placards.

49 CFR Part 391 — Driver Qualification Standards

Critical Requirements:

  • Drivers must be at least 21 years old for interstate commerce
  • Must possess valid Commercial Driver’s License (CDL)
  • Must pass medical examination every 2 years (or more frequently if conditions warrant)
  • Must be able to read and speak English sufficiently
  • Must have completed required entry-level driver training

Driver Qualification File (§ 391.51):

Motor carriers MUST maintain a complete file for every driver containing:

  • Employment application and background check
  • Motor vehicle record from licensing state
  • Road test certificate or equivalent
  • Current medical examiner’s certificate
  • Annual driving record reviews
  • Previous employer inquiries (3-year history)
  • Drug and alcohol test records

Why This Matters for Your Case:

If the trucking company failed to maintain a proper DQ file, failed to verify the driver’s qualifications, 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):

Drivers are prohibited from operating CMVs while under the influence of Schedule I substances, amphetamines, narcotics, or any substance rendering them incapable of safe driving.

Alcohol (§ 392.5):

Drivers cannot:

  • Use alcohol within 4 hours before going on duty
  • Use alcohol while on duty or operating a CMV
  • Be under the influence (.04 BAC or higher) while on duty
  • Possess alcohol while on duty (with limited exceptions)

Speeding (§ 392.6):

Motor carriers cannot schedule runs that would require drivers to exceed posted speed limits. This prohibits unrealistic delivery schedules that force speeding.

Following Too Closely (§ 392.11):

Drivers must maintain reasonable following distance based on speed, traffic, and road conditions. This is critical given trucks’ 40% longer stopping distances.

Mobile Phone Use (§ 392.82):

Drivers are PROHIBITED from:

  • Using hand-held mobile telephones while driving
  • Reaching for mobile phone in manner requiring leaving seated position
  • Texting while driving (§ 392.80)

49 CFR Part 393 — Parts and Accessories for Safe Operation

Cargo Securement (§ 393.100-136):

Federal law requires cargo to 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

Brakes (§ 393.40-55):

All CMVs must have properly functioning brake systems including service brakes on all wheels, parking/emergency brake system, and air brake systems meeting specific requirements. Brake adjustment must be maintained within specifications.

Lighting (§ 393.11-26):

Required lighting includes headlamps, tail lamps, stop lamps, clearance and side marker lamps, reflectors and retroreflective sheeting, 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 (Most 18-Wheelers):

Rule Requirement Violation Consequence
11-Hour Driving Limit Cannot drive more than 11 hours after 10 consecutive hours off duty Fatigue-related accidents
14-Hour Duty Window Cannot drive beyond 14th consecutive hour after coming on duty Driver exhaustion
30-Minute Break Must take 30-minute break after 8 cumulative hours of driving Impaired alertness
60/70-Hour Limit Cannot drive after 60 hours in 7 days or 70 hours in 8 days Cumulative fatigue
34-Hour Restart Can restart 60/70-hour clock with 34 consecutive hours off Inadequate recovery
10-Hour Off-Duty Must have minimum 10 consecutive hours off duty before driving Insufficient rest

Sleeper Berth Provision (§ 395.1(g)):

Drivers using sleeper berth may split 10-hour off-duty period:

  • At least 7 consecutive hours in sleeper berth
  • Plus at least 2 consecutive hours off-duty (in berth or otherwise)
  • Neither period counts against 14-hour window

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 to record objective data
  • Cannot be altered after the fact (unlike paper logs)
  • Record GPS location, speed, engine hours

Why ELD Data Is Critical Evidence:

ELDs prove:

  • Exactly how long the driver was on duty
  • Whether breaks were taken as required
  • Speed before and during the accident
  • GPS location history
  • 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. 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.

Maintenance Record Retention (§ 396.3):

Motor carriers must maintain records for each vehicle showing:

  • Identification (make, serial number, year, tire size)
  • Schedule for inspection, repair, and maintenance
  • Record of repairs and maintenance
  • Records must be retained for 1 year

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 Immediate Action Saves Montezuma County Cases

In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.

Critical Evidence Timelines

Evidence Type Destruction Risk
ECM/Black Box Data Overwrites in 30 days or with new driving events
ELD Data May be retained only 6 months
Dashcam Footage Often deleted within 7-14 days
Surveillance Video Business cameras typically overwrite in 7-30 days
Witness Memory Fades significantly within weeks
Physical Evidence Vehicle may be repaired, sold, or scrapped
Drug/Alcohol Tests Must be conducted within specific windows

The Spoliation Letter: Your Evidence Shield

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

Why It Matters:

  • Puts defendants on legal notice of their preservation obligation
  • Creates serious consequences if evidence is destroyed
  • Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
  • 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
  • Road test certificate or equivalent
  • Medical certification and exam records
  • Drug and alcohol test results (pre-employment and random)
  • Training records and certifications
  • Previous accident and violation history
  • Performance reviews and disciplinary records

Vehicle Records:

  • Maintenance and repair records
  • Inspection reports (pre-trip, post-trip, annual)
  • Out-of-service orders and repairs
  • Tire records and replacement history
  • Brake inspection and adjustment records
  • Parts purchase and installation records

Company Records:

  • Hours of service records for 6 months prior
  • Dispatch logs and trip records
  • Bills of lading and cargo documentation
  • Insurance policies
  • Safety policies and procedures
  • Training curricula
  • Hiring and supervision policies

Physical Evidence:

  • The truck and trailer themselves
  • Failed or damaged components
  • Cargo and securement devices
  • Tire remnants if blowout involved

ECM/Black Box Data: The Objective Truth

Commercial trucks have electronic systems that continuously record operational data—similar to airplane black boxes.

Types of Electronic Recording:

System What It Records
ECM (Engine Control Module) Engine performance, speed, throttle, RPM, cruise control, fault codes
EDR (Event Data Recorder) Pre-crash data triggered by sudden deceleration or airbag deployment
ELD (Electronic Logging Device) Driver hours, duty status, GPS location, driving time
Telematics Real-time GPS tracking, speed, route, driver behavior
Dashcam Video of road ahead, some record cab interior

Critical Data Points:

  • Speed Before Crash: Proves speeding or excessive speed for conditions
  • Brake Application: Shows when and how hard brakes were applied
  • Throttle Position: Reveals if driver was accelerating or coasting
  • Following Distance: Calculated from speed and deceleration data
  • Hours of Service: Proves fatigue and HOS violations
  • GPS Location: Confirms route and timing
  • Fault Codes: May reveal known mechanical issues driver ignored

Why This Data Wins Cases: ECM/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.

Catastrophic Injuries from 18-Wheeler Accidents in Montezuma County

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception.

Size and Weight Disparity

  • Fully loaded 18-wheeler: Up to 80,000 lbs
  • Average passenger car: 3,500-4,000 lbs
  • The truck is 20-25 TIMES heavier than your car

Impact Force

Force = Mass × Acceleration. An 80,000 lb truck at 65 mph carries approximately 80 times the kinetic energy of a car. This energy transfers to the smaller vehicle in a crash.

Stopping Distance

  • 18-wheeler at 65 mph needs ~525 feet to stop (nearly 2 football fields)
  • Car at 65 mph needs ~300 feet to stop
  • This 40% longer stopping distance means trucks cannot avoid obstacles as quickly

Traumatic Brain Injury (TBI)

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

Severity Levels:

Level Symptoms Prognosis
Mild (Concussion) Confusion, headache, brief loss of consciousness Usually recovers, but may have lasting effects
Moderate Extended unconsciousness, memory problems, cognitive deficits Significant recovery possible with rehabilitation
Severe Extended coma, permanent cognitive impairment Lifelong disability, may require 24/7 care

Common Symptoms: Headaches, dizziness, nausea, memory loss, confusion, difficulty concentrating, mood changes, depression, anxiety, sleep disturbances, sensory problems, speech difficulties, personality changes.

Long-Term Consequences: Permanent cognitive impairment, inability to work, need for ongoing care and supervision, increased risk of dementia and Alzheimer’s, depression and emotional disorders.

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

Attorney911 TBI Experience: We’ve recovered $1,548,000 to $9,838,000+ for traumatic brain injury victims. As client Glenda Walker told us after her case, “They fought for me to get every dime I deserved.”

Spinal Cord Injury

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

Types of Paralysis:

Type Definition Impact
Paraplegia Loss of function below the waist Cannot walk, may affect bladder/bowel control
Quadriplegia Loss of function in all four limbs Cannot walk or use arms, may need breathing assistance
Incomplete Injury Some nerve function remains Variable—may have some sensation or movement
Complete Injury No nerve function below injury Total loss of sensation and movement

Level of Injury Matters: Higher injuries (cervical spine) affect more body functions. C1-C4 injuries may require ventilator for breathing. Lower injuries (lumbar) affect legs but not arms.

Lifetime Care Costs:

  • Paraplegia (low): $1.1 million+
  • Paraplegia (high): $2.5 million+
  • Quadriplegia (low): $3.5 million+
  • Quadriplegia (high): $5 million+

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

Attorney911 Spinal Cord Experience: We’ve secured $4,770,000 to $25,880,000+ for spinal cord injury victims. These cases require lifetime care planning, and we fight for every dollar needed.

Amputation

Types of Amputation:

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

Common in 18-Wheeler Accidents Due To:

  • Crushing forces from truck impact
  • Entrapment requiring amputation for extraction
  • Severe burns requiring surgical removal
  • Infections from open wounds

Ongoing Medical Needs:

  • Initial surgery and hospitalization
  • Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
  • Replacement prosthetics throughout lifetime
  • Physical therapy and rehabilitation
  • Occupational therapy for daily living skills
  • Psychological counseling

Impact on Life:

  • Permanent disability
  • Career limitations or total disability
  • Phantom limb pain
  • Body image and psychological trauma
  • Need for home modifications
  • Dependency on others for daily activities

Attorney911 Amputation Experience: We’ve recovered $1,945,000 to $8,630,000 for amputation victims. As one client told us after a car accident led to partial leg amputation, we secured over $3.8 million by proving the full chain of causation and fighting for maximum compensation.

Severe Burns

How Burns Occur in 18-Wheeler Accidents:

  • Fuel tank rupture and fire
  • Hazmat cargo spills and ignition
  • Electrical fires from battery/wiring damage
  • Friction burns from road contact
  • Chemical burns from hazmat exposure

Burn Classification:

Degree Depth Treatment
First Epidermis only Minor, heals without scarring
Second Epidermis and dermis May scar, may need grafting
Third Full thickness Requires skin grafts, permanent scarring
Fourth Through skin to muscle/bone Multiple surgeries, amputation may be required

Long-Term Consequences:

  • Permanent scarring and disfigurement
  • Multiple reconstructive surgeries
  • Skin graft procedures
  • Chronic pain
  • Infection risks
  • Psychological trauma

Internal Organ Damage

Common Internal Injuries:

  • Liver laceration or rupture
  • Spleen damage requiring removal
  • Kidney damage
  • Lung contusion or collapse (pneumothorax)
  • Internal bleeding (hemorrhage)
  • Bowel and intestinal damage

Why Dangerous:

  • May not show immediate symptoms
  • Internal bleeding can be life-threatening
  • Requires emergency surgery
  • Organ removal affects long-term health

Wrongful Death

When a Trucking Accident Kills:

Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.

Who Can Bring a Wrongful Death Claim (Colorado law):

  • Surviving spouse
  • Children (minor and adult)
  • Parents (if no spouse or children)
  • Estate representative

Types of Claims:

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

Damages Available:

  • Lost future income and benefits
  • Loss of consortium (companionship, care, guidance)
  • Mental anguish and emotional suffering
  • Funeral and burial expenses
  • Medical expenses before death
  • Punitive damages (if gross negligence)

Colorado Statute of Limitations: 2 years from date of death to file wrongful death lawsuit

Attorney911 Wrongful Death Experience: We’ve recovered $1,910,000 to $9,520,000 for families who lost loved ones in trucking accidents. These are the hardest cases we handle, and we fight for every dollar to honor your loved one’s memory and secure your family’s future.

Colorado Law: What Montezuma County Trucking Accident Victims Need to Know

Statute of Limitations

In Colorado, you have 2 years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, you have 2 years from the date of death.

Don’t wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

Comparative Negligence: Colorado’s Modified Comparative Fault Rule

Colorado follows a modified comparative negligence system with a 50% bar rule. This means:

  • If you are less than 50% at fault, you can recover damages reduced by your percentage of fault
  • If you are 50% or more at fault, you recover nothing

Example: If your damages are $500,000 and you are found 20% at fault, you recover $400,000 (80% of total damages). If you are found 50% at fault, you recover $0.

This makes proving the trucking company’s negligence critical. Our investigation focuses on establishing their fault percentage as high as possible to maximize your recovery.

Damage Caps in Colorado

Colorado caps non-economic damages (pain and suffering) in personal injury cases:

  • General cap: $300,000 (adjusted periodically)
  • Can increase to $500,000 with clear and convincing evidence

Important exceptions:

  • No cap on economic damages (medical bills, lost wages)
  • No cap on wrongful death cases (non-economic damages unlimited)
  • Punitive damages capped at amount of compensatory damages (1:1 ratio)

This means catastrophic injury and wrongful death cases in Colorado can still result in substantial recoveries despite the non-economic damage cap.

Government Liability in Colorado

If a government entity (Colorado Department of Transportation, Montezuma County, or local municipality) contributed to your accident through road design or maintenance failures, special rules apply:

  • Notice requirement: You must file written notice within 180 days of the incident
  • Damages cap: $250,000 per person / $500,000 per occurrence for government entities
  • Sovereign immunity: Limited waiver; some claims may be barred

These short deadlines make immediate legal consultation essential if government liability is suspected.

The Most Common 18-Wheeler Accident Types in Montezuma 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 This Happens in Montezuma County: The steep grades on Highway 160 approaching the La Plata Mountains, combined with sudden weather changes, create perfect conditions for jackknife accidents. A truck descending too fast with improperly adjusted brakes can easily lose control.

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 or worn brakes

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

Injuries: Multiple vehicle involvement often leads to TBI, spinal cord injuries, crushing injuries, and wrongful death.

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 This Happens in Montezuma County: The winding mountain roads, steep grades, and sharp curves on routes like County Road G and Highway 160 create rollover risks. Trucks carrying liquid cargo (water, fuel, chemicals) face additional “slosh” hazards that shift the center of gravity 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

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

Injuries: Crushed vehicles beneath trailer, multiple vehicle involvement, fuel fires causing severe burns, TBI, spinal cord injuries, wrongful death.

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 This Happens in Montezuma County: The mix of high-speed rural highways (Highway 160, Highway 491) with local traffic creates dangerous speed differentials. A truck slowing to turn onto a county road or entering a driveway can be rear-ended at highway speed by a vehicle that can’t stop in time.

Statistics:

  • 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

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—common in Montezuma County mountains)
  • Truck lane changes into blind spots

FMCSA/NHTSA Requirements:

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

Injuries: Decapitation, severe head and neck trauma, death of all vehicle occupants, traumatic brain injury, spinal cord severance. These accidents are almost always fatal or catastrophic.

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 This Happens in Montezuma County: The combination of steep grades, sudden weather changes, and mixed traffic (tourists unfamiliar with mountain driving, agricultural vehicles, oil field trucks) creates rear-end collision risks. A truck descending Highway 160 with brake fade cannot stop for slowed traffic ahead.

Statistics:

  • 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)
  • Rear-end collisions are the second most common type of large truck crash

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), § 392.3 (operating while fatigued), § 392.82 (mobile phone use), § 393.48 (brake system deficiencies)

Injuries: Whiplash, spinal cord injuries, TBI from impact, internal organ damage, crushing injuries when vehicle is pushed into other objects, wrongful death.

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 This Happens in Montezuma County: Narrow county roads, tight intersections in small towns like Mancos and Dolores, and limited truck maneuvering space create wide turn hazards. A truck delivering to a rural business or agricultural operation may need to swing wide on roads not designed for 80-foot vehicles.

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), § 392.2 (failure to obey traffic signals)

Injuries: Crushing injuries from being caught between truck and curb/building, sideswipe injuries, pedestrian and cyclist fatalities, TBI, amputations.

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:

  1. Front No-Zone: 20 feet directly in front of the cab—driver cannot see low vehicles
  2. Rear No-Zone: 30 feet behind the trailer—no rear-view mirror visibility
  3. Left Side No-Zone: Extends from cab door backward—smaller than right side
  4. Right Side No-Zone: Extends from cab door backward, much larger than left—MOST DANGEROUS

Why This Happens in Montezuma County: Highway 160’s two-lane sections with limited passing opportunities create situations where drivers linger in truck blind spots. Tourists unfamiliar with truck limitations may attempt to pass on the right or follow too closely.

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.

Injuries: Sideswipe injuries causing vehicle loss of control, rollover of passenger vehicle, crushing injuries, ejection from vehicle, TBI, spinal injuries.

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 This Happens in Montezuma County: Extreme temperature variations—hot summer days on asphalt exceeding 100°F followed by cold mountain nights—accelerate tire degradation. Rough county roads with potholes and debris create puncture risks. High altitude affects tire pressure calculations.

Statistics:

  • 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

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

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

Injuries: Resulting jackknife or rollover causes catastrophic injuries. Tire debris strikes following vehicles causing windshield impacts, loss of control. TBI, facial trauma, wrongful death.

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 This Happens in Montezuma County: The steep grades descending from the La Plata Mountains toward Cortez and the San Juan River valley create extreme brake demands. Trucks that haven’t properly downshifted or used engine braking overheat their brakes. The 5,000+ foot elevation changes in the county affect brake system performance.

Statistics:

  • 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

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

FMCSA Requirements: 49 CFR § 393.40-55—Brake system requirements; § 396.3—Systematic inspection and maintenance; § 396.11—Driver post-trip report of brake condition; Air brake pushrod travel limits specified

Injuries: Severe rear-end collision injuries, multi-vehicle pileups, TBI from high-speed impact, spinal cord injuries, wrongful death, crushing injuries.

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 This Happens in Montezuma County: Agricultural trucks hauling hay, livestock, or equipment on county roads may use inadequate securement for rough terrain. Oil field service trucks carrying water, chemicals, or equipment face shifting loads on steep grades. The combination of winding roads and improperly secured cargo is deadly.

Statistics:

  • 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

Types:

  • 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

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.)

Injuries: Vehicles struck by falling cargo, chain-reaction accidents from spilled loads, hazmat exposure injuries, rollover injuries when cargo shifts.

Head-On Collisions

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

Why This Happens in Montezuma County: Two-lane highways like Highway 160 and Highway 145 have limited shoulders and frequent curves. Fatigued drivers descending from long hauls may drift across centerlines. Impaired drivers on isolated stretches pose deadly risks. Passing on two-lane roads with limited visibility creates catastrophic collision potential.

Statistics:

  • Head-on collisions are among the deadliest accident types
  • Even at moderate combined speeds, the force is often fatal
  • Often occur on two-lane highways or from wrong-way entry

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

FMCSA Violations: 49 CFR § 395 (hours of service violations), § 392.3 (operating while fatigued), § 392.4/5 (drug or alcohol violations), § 392.82 (mobile phone use)

Injuries: Catastrophic injuries or death are common. The closing speed combines both vehicles’ velocities. TBI, spinal cord injuries, internal organ damage, amputations, crushing injuries, wrongful death.

Insurance Coverage in Montezuma County Trucking Accidents: Why These Cases Are High Value

FMCSA Minimum Insurance Requirements

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

Cargo Type Minimum Coverage
Non-Hazardous Freight (10,001+ lbs GVWR) $750,000
Oil/Petroleum (10,001+ lbs GVWR) $1,000,000
Large Equipment (10,001+ lbs GVWR) $1,000,000
Hazardous Materials (All) $5,000,000
Passengers (16+ passengers) $5,000,000
Passengers (15 or fewer) $1,500,000

Why This Matters For Your Case: Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available—and often much more. Many carriers carry $1-5 million in coverage.

This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

Types of Damages Recoverable in Colorado

Economic Damages (Calculable Losses):

Category What’s Included
Medical Expenses Past, present, and future medical costs
Lost Wages Income lost due to injury and recovery
Lost Earning Capacity Reduction in future earning ability
Property Damage Vehicle repair or replacement
Out-of-Pocket Expenses Transportation to medical appointments, home modifications
Life Care Costs Ongoing care for catastrophic injuries

Non-Economic Damages (Quality of Life):

Category What’s Included
Pain and Suffering Physical pain from injuries
Mental Anguish Psychological trauma, anxiety, depression
Loss of Enjoyment Inability to participate in activities
Disfigurement Scarring, visible injuries
Loss of Consortium Impact on marriage/family relationships
Physical Impairment Reduced physical capabilities

Punitive Damages (Punishment for Gross Negligence):

Punitive damages may be available when the trucking company or driver acted with:

  • Gross negligence
  • Willful misconduct
  • Conscious indifference to safety
  • Fraud (falsifying logs, destroying evidence)

Colorado Punitive Damage Cap: Equal to amount of compensatory damages (1:1 ratio)

Frequently Asked Questions: Montezuma County 18-Wheeler Accidents

Immediate After-Accident Questions

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

If you’ve been in a trucking accident in Montezuma County, take these steps immediately if you’re able:

  • Call 911 and report the accident
  • Seek medical attention, even if injuries seem minor
  • Document the scene with photos and video if possible
  • Get the trucking company name, DOT number, and driver information
  • Collect witness contact information
  • Do NOT give recorded statements to any insurance company
  • Call an 18-wheeler accident attorney immediately

Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Southwest Memorial Hospital in Cortez and Mercy Regional Medical Center in Durango 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 in Montezuma County?

Document everything possible:

  • Truck and trailer license plates
  • DOT number (on truck door)
  • Trucking company name and logo
  • Driver’s name, CDL number, and contact info
  • Photos of all vehicle damage
  • Photos of the accident scene, road conditions, skid marks
  • Photos of your injuries
  • Witness names and phone numbers
  • Responding officer’s name and badge number
  • Weather and road conditions

Should I talk to the trucking company’s insurance adjuster?

NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney—Lupe Peña—who knows exactly how these adjusters are trained to protect the trucking company’s interests.

How quickly should I contact an 18-wheeler accident attorney in Montezuma County?

IMMEDIATELY—within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

What is a spoliation letter and why is it important?

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.

Trucking Company & Driver Questions

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

Multiple parties may be liable in trucking accidents:

  • The truck driver
  • The trucking company/motor carrier
  • The cargo owner or shipper
  • The company that loaded the cargo
  • Truck or parts manufacturers
  • Maintenance companies
  • Freight brokers
  • The truck owner (if different from carrier)
  • Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

Is the trucking company responsible even if the driver caused the accident?

Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:

  • Negligent hiring (hiring unqualified drivers)
  • Negligent training (inadequate safety training)
  • Negligent supervision (failing to monitor driver behavior)
  • Negligent maintenance (poor vehicle upkeep)
  • Negligent scheduling (pressuring drivers to violate HOS regulations)

What if the truck driver says the accident was my fault?

Colorado uses a modified comparative negligence system with a 50% bar rule. Even if you were partially at fault, you may still recover compensation as long as you are less than 50% at fault. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.

What is an owner-operator and does that affect my case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

How do I find out if the trucking company has a bad safety record?

FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:

  • CSA (Compliance, Safety, Accountability) scores
  • Inspection history and out-of-service rates
  • Crash history
  • Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

Evidence & Investigation Questions

What is a truck’s “black box” and how does it help my case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data—similar to airplane black boxes. This data can show:

  • Speed before and during the crash
  • Brake application timing
  • Engine RPM and throttle position
  • Whether cruise control was engaged
  • 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
  • The physical truck and trailer

Can the trucking company destroy evidence?

Once they’re on notice of potential litigation, destroying evidence is spoliation—a serious legal violation. Courts can:

  • Instruct juries to assume destroyed evidence was unfavorable
  • Impose monetary sanctions
  • Enter default judgment in extreme cases
  • Award punitive damages

FMCSA Regulations Questions

What are hours of service regulations and how do violations cause accidents?

FMCSA regulations limit how long truck drivers can operate:

  • Maximum 11 hours driving after 10 hours off
  • Cannot drive beyond 14th consecutive hour on duty
  • 30-minute break required after 8 hours driving
  • 60/70 hour weekly limits

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.

What FMCSA regulations are most commonly violated in accidents?

The top violations we find:

  • Hours of service violations (driving too long)
  • False log entries (lying about driving time)
  • Brake system deficiencies
  • Cargo securement failures
  • Drug and alcohol violations
  • Unqualified drivers (no valid CDL or medical certificate)
  • Failure to inspect vehicles

What is a Driver Qualification File and why does it matter?

FMCSA requires trucking companies to maintain a file for every driver containing:

  • Employment application
  • Driving record check
  • Previous employer verification
  • Medical certification
  • Drug test results
  • Training documentation

Missing or incomplete files prove negligent hiring.

How do pre-trip inspections relate to my accident case?

Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.

Injury & Medical Questions

What injuries are common in 18-wheeler accidents in Montezuma County?

Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:

  • Traumatic brain injury (TBI)
  • Spinal cord injuries and paralysis
  • Amputations
  • Severe burns
  • Internal organ damage
  • Multiple fractures
  • Wrongful death

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

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
  • Insurance coverage available

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.

What if my loved one was killed in a trucking accident in Montezuma County?

Colorado allows wrongful death claims by surviving family members. You may recover:

  • Lost future income
  • Loss of companionship and guidance
  • Mental anguish
  • Funeral expenses
  • Punitive damages if gross negligence

Time limits apply—contact us immediately to protect your rights.

Legal Process Questions

How long do I have to file an 18-wheeler accident lawsuit in Montezuma County?

In Colorado, you have 2 years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, you have 2 years from the date of death.

However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do trucking accident cases take to resolve?

Timelines vary:

  • Simple cases with clear liability: 6-12 months
  • Complex cases with multiple parties: 1-3 years
  • Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

Will my trucking accident 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.

Do I need to pay anything upfront to hire your firm?

NO. We work on contingency—you pay 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.

Insurance Questions

How much insurance do trucking companies carry?

Federal law requires minimum liability coverage:

  • $750,000 for non-hazardous freight
  • $1,000,000 for oil, large equipment
  • $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 if multiple insurance policies apply to my accident?

Trucking cases often involve multiple policies:

  • Motor carrier’s liability policy
  • Trailer interchange coverage
  • Cargo insurance
  • Owner-operator’s policy
  • Excess/umbrella coverage

We identify all available coverage to maximize your recovery.

Will the trucking company’s insurance try to settle quickly?

Often yes—and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.

Why Choose Attorney911 for Your Montezuma County Trucking Accident

25+ Years of Fighting for Trucking Accident Victims

Ralph Manginello has been representing injury victims since 1998. He’s admitted to federal court in the Southern District of Texas, giving him the capability to handle complex interstate trucking cases that belong in federal jurisdiction. He’s gone toe-to-toe with Fortune 500 corporations, including BP in the Texas City refinery explosion litigation that resulted in over $2.1 billion in total industry settlements.

Former Insurance Defense Attorney on Your Side

Lupe Peña, our associate attorney, spent years working at a national insurance defense firm. He knows:

  • How insurance companies VALUE claims—their formulas and how to maximize your recovery
  • How adjusters are TRAINED—their manipulation tactics
  • What makes them SETTLE—when they’re bluffing and when they’ll pay
  • How they MINIMIZE payouts—every tactic they use against you
  • How they DENY claims—how to fight wrongful denials

Now he uses that insider knowledge to fight FOR you. That’s an advantage other firms can’t match.

Multi-Million Dollar Results

Our track record speaks for itself:

  • $5+ million — Traumatic brain injury from falling log at logging company
  • $3.8+ million — Partial leg amputation after car accident with medical complications
  • $2+ million — Maritime back injury under Jones Act
  • $2.5+ million — Commercial truck crash recovery
  • Millions — Multiple wrongful death cases
  • $10 million lawsuit — Currently litigating against University of Houston for hazing injuries

Total client recoveries: $50+ million

Client Satisfaction That Speaks Volumes

  • 251+ Google reviews
  • 4.9 out of 5.0 stars
  • Client Chad Harris: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
  • Client Donald Wilcox: “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
  • Client Glenda Walker: “They fought for me to get every dime I deserved.”

Three Office Locations Serving Colorado and Beyond

Location Address
Houston (Main) 1177 West Loop S, Suite 1600, Houston, TX 77027
Austin 316 West 12th Street, Suite 311, Austin, TX 78701-1844
Beaumont Available for client meetings

While our offices are in Texas, we handle 18-wheeler cases throughout the United States. Our federal court admission and interstate trucking expertise allow us to represent you in Montezuma County and anywhere your case requires.

Fluent Spanish Services

Many trucking accident victims in Montezuma County and across our service area speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español. Llame al 1-888-ATTY-911.

Contingency Fee — No Fee Unless We Win

You pay nothing unless we win. Zero upfront costs. We advance all investigation expenses. Standard contingency fee: 33.33% pre-trial, 40% if trial is necessary.

The Evidence Preservation Timeline: Act Now or Lose Forever

Timeframe Critical Action What Happens If You Wait
0-24 hours Contact Attorney911, scene investigation, witness interviews Trucking company rapid-response team arrives, begins building defense
24-48 hours Spoliation letter sent, ECM data preservation demanded ELD data may begin overwriting, driver logs “corrected”
2-7 days Accident reconstruction expert deployed, vehicle inspection Truck may be repaired or sold, physical evidence destroyed
7-30 days Surveillance video obtained, expert analysis begins Business camera footage overwritten, witness memories fade
30+ days Litigation preparation, discovery planning ECM data overwritten, critical evidence lost forever

The trucking company is already working to protect themselves. Every hour you wait, your case gets harder to prove.

Call Attorney911 Now: Your Montezuma County Trucking Accident Attorneys

If you or a loved one has been injured in an 18-wheeler accident anywhere in Montezuma County—whether on Highway 160 through Cortez, Highway 491 near the New Mexico border, or any county road in between—you need experienced attorneys who understand federal trucking regulations and how to hold negligent companies accountable.

Ralph Manginello has spent over 25 years fighting for injury victims. Lupe Peña brings insider knowledge from his years defending insurance companies. Together, they form a team that trucking companies and their insurers fear.

We know the evidence disappears fast. We know the trucking company is already building their defense. We know what it takes to win.

Call us now at 1-888-ATTY-911 (1-888-288-9911) for a free consultation. We’re available 24/7 because trucking accidents don’t happen on business hours.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.

You pay nothing unless we win. Let us fight for every dime you deserve.

Attorney911 / The Manginello Law Firm, PLLC
Managing Partner: Ralph P. Manginello, 25+ years experience
Associate Attorney: Lupe E. Peña, former insurance defense
Federal Court Admission: U.S. District Court, Southern District of Texas
Total Client Recoveries: $50+ million
Google Rating: 4.9 stars (251+ reviews)

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