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

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

The impact was catastrophic. One moment you’re driving through Otero County on your way to work, visiting family, or just living your life. The next, an 80,000-pound commercial truck has slammed into your vehicle, and nothing will ever be the same.

Every 16 minutes, someone in America is injured in a commercial truck crash. On Colorado’s highways—particularly the busy corridors serving Otero County—that risk is even higher. The trucking companies know this. They have teams of lawyers, rapid-response investigators, and millions in insurance coverage ready to protect their interests. The question is: who’s protecting yours?

At Attorney911, we’ve spent over 25 years fighting for trucking accident victims across Colorado and beyond. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts against the largest trucking companies in America. Our associate attorney, Lupe Peña, spent years working for insurance companies—now he uses that insider knowledge to fight against them. That’s your advantage.

If you or a loved one has been injured in an 18-wheeler accident in Otero County, you need more than a lawyer. You need a fighter. Call 1-888-ATTY-911 now for a free consultation. We answer 24/7.

Why 18-Wheeler Accidents in Otero County Are Different

The Physics of Devastation

Your car weighs roughly 4,000 pounds. A fully loaded commercial truck can weigh up to 80,000 pounds. That’s not a fair fight—it’s 20 times your vehicle’s mass bearing down on you at highway speeds.

The physics are brutal. An 80,000-pound truck traveling at 65 mph needs approximately 525 feet to stop—nearly two football fields. Your car needs about 300 feet. That 225-foot difference is often the space between life and death, between a near-miss and a catastrophic collision.

In Otero County, where I-25 and U.S. Highway 50 serve as critical freight corridors connecting Colorado’s agricultural heartland to national markets, these physics play out with devastating regularity. The combination of high-speed interstate traffic, heavy agricultural trucking, and Colorado’s challenging weather conditions creates a perfect storm for serious accidents.

Colorado’s Trucking Corridors and Otero County’s Risk Profile

Otero County sits at a critical junction in Colorado’s transportation network. The county is served by:

• Interstate 25: The primary north-south corridor through eastern Colorado, carrying freight from New Mexico through Denver and into Wyoming. This interstate sees heavy commercial traffic, particularly from the oil and gas industry, agriculture, and general freight.

• U.S. Highway 50: Running east-west through La Junta and across Otero County, this highway connects Pueblo to Kansas and serves as a critical route for agricultural products, particularly from the Arkansas Valley’s farming operations.

• Colorado State Highway 109: Connecting La Junta to southeastern Colorado communities and serving local agricultural and energy industry traffic.

These corridors create specific risk factors for Otero County residents:

Agricultural Trucking Hazards: The Arkansas Valley is one of Colorado’s most productive agricultural regions. During harvest seasons, the volume of grain trucks, produce haulers, and agricultural equipment transport increases dramatically. These trucks often operate on tight schedules, may be loaded to maximum capacity, and frequently travel on rural roads not designed for heavy commercial traffic.

Energy Industry Traffic: Southeastern Colorado has seen significant oil and gas development, particularly in the Niobrara formation. This brings heavy equipment transport, water hauling, and specialized oilfield trucking to the region. These operations often involve oversized loads, hazardous materials, and drivers working long hours in remote areas.

Weather-Related Risks: Colorado’s weather creates unique hazards for trucking. Winter storms can blanket Otero County in snow and ice, particularly on exposed stretches of I-25 and Highway 50. High winds across the eastern plains can affect high-profile vehicles. Sudden thunderstorms in summer create slick roads and reduced visibility. Truck drivers who fail to adjust for these conditions create deadly risks.

Rural Emergency Response Challenges: When serious accidents occur in rural Otero County, emergency response times can be longer than in urban areas. The distance to trauma centers—La Junta has limited emergency facilities, and serious injuries often require transport to Pueblo, Colorado Springs, or Denver—can affect outcomes. This reality makes prevention and legal accountability even more critical.

The Regulatory Framework: Why Trucking Companies Are Held to Higher Standards

Commercial trucking isn’t like driving a personal vehicle. The Federal Motor Carrier Safety Administration (FMCSA) imposes strict regulations on every aspect of commercial vehicle operation. These rules exist because the consequences of negligence are so much higher when 80,000 pounds of steel and cargo are involved.

The key federal regulations include:

• 49 CFR Part 390: General applicability and definitions—who must comply with federal trucking regulations
• 49 CFR Part 391: Driver qualification standards—who can legally drive a commercial truck
• 49 CFR Part 392: Driving rules—how trucks must be operated safely
• 49 CFR Part 393: Vehicle safety and cargo securement—equipment standards
• 49 CFR Part 395: Hours of service—how long drivers can operate without rest
• 49 CFR Part 396: Inspection and maintenance—vehicle upkeep requirements

When trucking companies or drivers violate these regulations, they create liability. Proving these violations is often the key to winning maximum compensation for accident victims.

The 10 Potentially Liable Parties in an Otero County 18-Wheeler Accident

Most law firms only sue the truck driver and maybe the trucking company. That’s a mistake. In 18-wheeler accidents, multiple parties often share responsibility—and each may have separate insurance coverage. The more liable parties we identify, the more insurance coverage we can access, and the higher your potential recovery.

Here’s who we investigate in every Otero County trucking accident case:

1. The Truck Driver

The driver who caused your accident may be personally liable for negligent conduct including:

• Speeding or reckless driving
• Distracted driving (cell phone, texting, dispatch communications)
• Fatigued driving beyond legal limits
• Impaired driving (drugs, alcohol)
• Failure to conduct proper pre-trip inspections
• Violation of traffic laws
• Failure to yield, improper lane changes, running red lights

We pursue the driver’s personal assets and insurance when available, though most recovery comes from deeper-pocketed defendants.

2. The Trucking Company / Motor Carrier

This is often your primary recovery target. Trucking companies carry substantial insurance—typically $750,000 to $5 million or more—and can be liable in multiple ways:

Vicarious Liability (Respondeat Superior): When the driver is an employee acting within the scope of employment, the company is responsible for their negligence.

Direct Negligence Claims:

• Negligent Hiring: Failed to check the driver’s background, driving record, or qualifications before hiring
• Negligent Training: Provided inadequate safety training on hours of service, cargo securement, or emergency procedures
• Negligent Supervision: Failed to monitor driver compliance with regulations, ignored ELD violations, or didn’t address known safety problems
• Negligent Maintenance: Failed to maintain vehicles in safe condition, deferred brake repairs, or ignored known mechanical defects
• Negligent Scheduling: Pressured drivers to violate hours of service regulations to meet delivery deadlines

We subpoena the company’s Driver Qualification Files, maintenance records, dispatch logs, and safety policies to prove these failures.

3. The Cargo Owner / Shipper

The company that owned the cargo being transported may share liability when:

• They provided improper loading instructions that caused instability
• They failed to disclose the hazardous nature of materials
• They required overweight loading beyond safe limits
• They pressured the carrier to expedite delivery beyond safe driving limits
• They misrepresented cargo weight or characteristics

This is particularly relevant in Otero County’s agricultural economy, where grain elevators, produce shippers, and agricultural processors may bear responsibility for unsafe loading practices.

4. The Cargo Loading Company

Third-party companies that physically load cargo onto trucks can be liable for:

• Improper cargo securement violating 49 CFR Part 393
• Unbalanced load distribution causing rollover risk
• Exceeding vehicle weight ratings
• Failure to use proper blocking, bracing, or tiedowns
• Inadequate training of loaders on federal securement requirements

We investigate whether the trucking company loaded its own cargo or whether a third-party loader was involved.

5. The Truck and Trailer Manufacturer

The companies that manufactured the truck, trailer, or major components may be liable for:

• Design defects in brake systems, stability control, or fuel tank placement
• Manufacturing defects like faulty welds or component failures
• Failure to warn of known dangers
• Defective safety systems (ABS, electronic stability control, collision warning systems)

Product liability claims against manufacturers can yield substantial recoveries when design or manufacturing defects contributed to the accident.

6. The Parts Manufacturer

Companies that manufactured specific components can be liable for:

• Defective brakes or brake components that failed
• Defective tires causing blowouts
• Defective steering mechanisms
• Defective lighting components
• Defective coupling devices

We preserve failed components for expert analysis and research recall histories through NHTSA databases.

7. The Maintenance Company

Third-party maintenance providers can be liable for:

• Negligent repairs that failed to fix identified problems
• Failure to identify critical safety issues during inspections
• Improper brake adjustments
• Use of substandard or incorrect parts
• Returning vehicles to service with known defects

Maintenance records often reveal a pattern of deferred repairs or inadequate service that supports negligence claims.

8. The Freight Broker

Freight brokers who arrange transportation without owning trucks may be liable for:

• Negligent selection of carriers with poor safety records
• Failure to verify carrier insurance and operating authority
• Failure to check carrier CSA scores before hiring
• Selecting the cheapest carrier despite known safety concerns

Brokers have a duty to exercise reasonable care in selecting safe carriers, and failure to do so creates liability.

9. The Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may have separate liability for:

• Negligent entrustment of the vehicle to an unqualified driver
• Failure to maintain owned equipment
• Knowledge of the driver’s unfitness to operate

We investigate lease agreements and maintenance responsibility allocations to identify owner liability.

10. Government Entities

Federal, state, or local government may share liability when:

• Dangerous road design contributed to the accident
• Failure to maintain roads (potholes, debris, worn markings)
• Inadequate signage for known hazards
• Failure to install safety barriers
• Improper work zone setup

Government claims involve special procedures, shorter deadlines, and sovereign immunity limitations. We navigate these complexities when government negligence contributed to your accident.

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

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 may already be at the accident scene. What are you doing?

In 18-wheeler accident cases, evidence disappears fast. Critically fast. The difference between a multi-million dollar recovery and a denied claim often comes down to what evidence was preserved in the first 48 hours.

Critical Evidence Destruction Timelines

Evidence Type	Destruction Risk	Why It Matters
ECM/Black Box Data	Overwrites in 30 days or with new driving events	Proves speed, braking, throttle position before crash
ELD Data	FMCSA only requires 6-month retention	Proves hours of service violations, driver fatigue
Dashcam Footage	Often deleted within 7-14 days	Shows driver’s behavior, road conditions, crash sequence
Surveillance Video	Business cameras typically overwrite in 7-30 days	Independent documentation of accident
Witness Memory	Fades significantly within weeks	Critical for establishing facts, driver behavior
Physical Evidence	Vehicle may be repaired, sold, or scrapped	Damage patterns prove impact forces, defect analysis
Drug/Alcohol Tests	Must be conducted within specific windows	Proves impairment, automatic liability if positive

The Spoliation Letter: Your Legal Shield Against Evidence Destruction

A spoliation letter is a formal legal notice we send to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to your accident. This isn’t a request—it’s a legal demand with serious consequences for non-compliance.

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

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

What Our Spoliation Letters Demand

We don’t leave anything to chance. Our preservation demands include:

Electronic Data:

• Engine Control Module (ECM) and Event Data Recorder (EDR) downloads
• Electronic Logging Device (ELD) records and backup files
• GPS and telematics data showing route and speed history
• Dashcam and forward-facing camera footage
• Dispatch communications and messaging systems
• Cell phone records and text message logs
• Qualcomm or fleet management system data

Driver Records:

• Complete Driver Qualification File
• Employment application and background investigation
• Motor vehicle records from all states
• Previous employer verification and safety performance history
• Medical examiner’s certificates and examination records
• Drug and alcohol test results (pre-employment, random, post-accident)
• Training records and certifications
• Performance reviews and disciplinary actions

Vehicle Records:

• Complete maintenance and repair records
• Inspection reports (pre-trip, post-trip, annual, roadside)
• Out-of-service orders and corrective actions
• Tire purchase, installation, and inspection records
• Brake inspection and adjustment documentation
• Parts purchase and work order records

Company Records:

• Hours of service records for 6 months prior to accident
• Dispatch logs and trip records
• Bills of lading and cargo documentation
• All insurance policies and coverage declarations
• Safety policies, procedures, and training curricula
• Hiring and supervision protocols
• Previous accident and violation history

Physical Evidence:

• The truck and trailer themselves
• Any failed or damaged components
• Cargo and securement devices used
• Tire remnants if blowout was involved

We send these demands within 24 hours of being retained. Not days later. Not when it’s convenient. Immediately. Because we know the trucking company is already working to protect themselves.

Understanding 18-Wheeler Accident Types: What Happened to You Matters

Not all trucking accidents are the same. The type of accident you experienced determines what evidence we pursue, what regulations were likely violated, and what parties may be liable. Here are the most common—and most devastating—types of 18-wheeler accidents we see in Otero County and across Colorado.

Jackknife Accidents

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

Jackknife accidents account for approximately 10% of all trucking-related deaths. They frequently result in multi-vehicle pileups when the trailer blocks multiple lanes. Once a jackknife begins, it’s nearly impossible for nearby drivers to avoid.

Common causes include sudden or improper braking—especially on wet or icy roads—speeding on curves, empty or lightly loaded trailers that are more prone to swing, improperly loaded or unbalanced cargo, brake system failures, and driver inexperience with emergency maneuvers.

In Otero County, where winter storms can blanket highways in snow and ice, and where agricultural trucks may travel with varying load weights, jackknife risks are particularly significant. The combination of I-25’s high-speed traffic and Colorado’s unpredictable weather creates dangerous conditions where a moment’s inattention or improper braking can trigger catastrophe.

We prove jackknife liability through skid mark analysis showing trailer angle, brake inspection records and maintenance logs, weather condition documentation, ELD data showing speed before braking, ECM data for brake application timing, cargo manifest and loading records, and driver training records on emergency procedures.

FMCSA violations commonly present in jackknife cases include 49 CFR § 393.48 (brake system malfunction), 49 CFR § 393.100 (improper cargo securement), and 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.

Approximately 50% of rollover crashes result from failure to adjust speed on curves. Rollovers frequently lead to secondary crashes from debris and fuel spills. They’re often fatal or cause catastrophic injuries to both truck occupants and other vehicles.

Common causes include speeding on curves, ramps, or turns; taking turns too sharply at excessive speed; improperly secured or unevenly distributed cargo; liquid cargo “slosh” that shifts the center of gravity; overcorrection after tire blowout or lane departure; driver fatigue causing delayed reaction; and road design defects with inadequate banking on curves.

In Otero County, where Highway 50 crosses the Arkansas River valley and where agricultural trucks frequently carry liquid loads (milk, water, chemicals) or high-center-of-gravity loads (hay, equipment), rollover risks are substantial. The combination of rural roads, agricultural traffic, and Colorado’s wind and weather conditions creates dangerous scenarios.

We prove rollover liability through ECM data for speed through curves, cargo manifest and securement documentation, load distribution records, driver training records on rollover prevention, road geometry and signage analysis, witness statements on truck speed, and weather condition documentation.

FMCSA violations commonly present include 49 CFR § 393.100-136 (cargo securement violations), 49 CFR § 392.6 (exceeding safe speed), and 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.

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 include inadequate or missing underride guards, worn or damaged rear impact guards, truck sudden stops without adequate warning, low visibility conditions (night, fog, rain), truck lane changes into blind spots, wide right turns cutting off traffic, and inadequate rear lighting or reflectors.

In Otero County, where I-25 carries high-speed traffic through rural stretches with limited lighting, and where agricultural trucks may make slow turns or unexpected stops, underride risks are significant. The combination of high-speed interstate traffic, varying truck operations, and Colorado’s weather-related visibility challenges creates deadly potential.

We prove underride liability through 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, and post-crash guard deformation analysis.

FMCSA/NHTSA requirements include 49 CFR § 393.86 (rear impact guards required on trailers manufactured after January 26, 1998), with guards required to prevent underride at 30 mph impact. Critically, there is NO federal requirement for side underride guards, though advocacy continues.

Rear-End Collisions

A rear-end collision occurs when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.

18-wheelers require 20-40% more stopping distance than passenger vehicles. A fully loaded truck at 65 mph needs approximately 525 feet to stop—nearly two football fields. Rear-end collisions are the second most common type of large truck crash.

Common causes include following too closely (tailgating), driver distraction (cell phone, dispatch communications), driver fatigue and delayed reaction, excessive speed for traffic conditions, brake failures from poor maintenance, failure to anticipate traffic slowdowns, and impaired driving.

In Otero County, where I-25 carries high-speed traffic and where agricultural trucks may follow slower vehicles or encounter sudden slowdowns, rear-end collision risks are substantial. The combination of high-speed interstate traffic, varying vehicle speeds, and Colorado’s weather conditions creates dangerous following situations.

We prove rear-end liability through 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, and traffic condition documentation.

FMCSA violations commonly present include 49 CFR § 392.11 (following too closely), 49 CFR § 392.3 (operating while fatigued), 49 CFR § 392.82 (mobile phone use), and 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.

Trucks make wide turns because 18-wheelers need significant space to complete turns—the trailer tracks inside the path of the cab, and drivers must swing wide to avoid curbs, signs, or buildings.

Common causes include failure to properly signal turning intention, inadequate mirror checks before and during turn, improper turn technique (swinging too early or too wide), driver inexperience with trailer tracking, failure to yield right-of-way when completing turn, and poor intersection design forcing wide turns.

In Otero County, where agricultural trucks frequently navigate rural intersections, small town streets in La Junta and Rocky Ford, and farm access roads, wide turn accidents pose significant risks. The combination of large trucks, tight spaces, and varying driver experience creates dangerous squeeze play scenarios.

We prove wide turn liability through 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, and surveillance camera footage from nearby businesses.

FMCSA violations commonly present include 49 CFR § 392.11 (unsafe lane changes), 49 CFR § 392.2 (failure to obey traffic signals), and 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 (No-Zones).

The four No-Zones are:

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

Right-side blind spot accidents are especially dangerous due to the larger blind spot area. Many blind spot accidents occur during lane changes on highways.

Common causes include failure to check mirrors before lane changes, improperly adjusted or damaged mirrors, inadequate mirror checking during sustained maneuvers, driver distraction during lane changes, driver fatigue affecting situational awareness, and failure to use turn signals allowing other drivers to anticipate.

In Otero County, where I-25 carries high-speed multi-lane traffic and where trucks may need to change lanes frequently to navigate traffic or access exits, blind spot accidents pose significant risks. The combination of high speeds, large blind spots, and varying driver attention creates deadly potential.

We prove blind spot liability through 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, and witness statements on truck behavior.

FMCSA requirements include 49 CFR § 393.80 (mirrors must provide clear view to rear on both sides), with proper mirror adjustment required as 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.

With 18 tires on a typical 18-wheeler, each represents a potential failure point. Steer tire (front) blowouts are especially dangerous—they can cause immediate loss of control. “Road gators” (tire debris) cause thousands of accidents annually.

Common causes include 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, and inadequate pre-trip tire inspections.

In Otero County, where summer temperatures can soar and where agricultural trucks may travel long distances on hot asphalt, tire blowout risks are significant. The combination of heavy loads, high temperatures, and long hauls creates dangerous conditions for tire failure.

We prove tire blowout liability through tire maintenance and inspection records, tire age and wear documentation, tire inflation records and pressure checks, vehicle weight records from weigh stations, tire manufacturer and purchase records, and analysis of the failed tire for defects.

FMCSA requirements include 49 CFR § 393.75 (tire requirements for tread depth and condition), 49 CFR § 396.13 (pre-trip inspection must include tire check), with minimum tread depth of 4/32″ on steer tires and 2/32″ on other positions.

Brake Failure Accidents

Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.

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

Common causes include 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, and deferred maintenance to save costs.

In Otero County, where trucks descending from the Rocky Mountain foothills or crossing the eastern plains may face long grades, and where agricultural trucks may operate with heavy loads in demanding conditions, brake failure risks are substantial. The combination of heavy loads, long descents, and maintenance pressures creates dangerous potential for brake system failures.

We prove brake failure liability through 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), and mechanic work orders and parts records.

FMCSA requirements include 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), with specific air brake pushrod travel limits.

Cargo Spill and Shift Accidents

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

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

Types include cargo shift (load moves during transit, destabilizing truck), cargo spill (load falls from truck onto roadway), and hazmat spill (hazardous materials leak or spill, creating additional dangers).

Common causes include 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.

In Otero County, where agricultural trucks carry grain, produce, and equipment, where oilfield trucks transport fluids and materials, and where general freight moves through on I-25, cargo-related accidents pose significant risks. The combination of varied cargo types, loading practices, and long hauls creates dangerous conditions for securement failures.

We prove cargo liability through cargo securement inspection photos, bill of lading and cargo manifest, loading company records, tiedown specifications and condition, 49 CFR 393 compliance documentation, and driver training on cargo securement.

FMCSA requirements include 49 CFR § 393.100-136 (complete cargo securement standards), with working load limits for tiedowns specified and 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.

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 onto divided highways.

Common causes include 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, and wrong-way entry onto divided highways.

In Otero County, where two-lane highways like Highway 50 and Highway 109 serve as critical routes, and where driver fatigue from long hauls on I-25 can lead to dangerous lapses, head-on collision risks are substantial. The combination of rural two-lane roads, long-distance trucking, and challenging conditions creates deadly potential.

We prove head-on liability through 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, and route and dispatch records.

FMCSA violations commonly present include 49 CFR § 395 (hours of service violations), 49 CFR § 392.3 (operating while fatigued), 49 CFR § 392.4/5 (drug or alcohol violations), and 49 CFR § 392.82 (mobile phone use).

Additional Accident Types

T-Bone/Intersection Accidents: Truck fails to yield or runs red light, striking vehicle broadside. Common at intersections with obstructed sightlines. Catastrophic injuries to driver’s side impacts.

Sideswipe Accidents: Truck changes lanes into occupied space. Often results from blind spot failures. Can cause loss of control and secondary crashes.

Override Accidents: Truck drives over smaller vehicle in front. Often occurs when truck fails to stop in time. Similar to rear-end but with vehicle passing under truck.

Lost Wheel/Detached Trailer: Wheel or trailer separates during operation. Maintenance and inspection failures. Often strikes oncoming vehicles with fatal results.

Runaway Truck Accidents: Brake fade on long descents. Failure to use runaway ramps. Driver inexperience with mountain driving.

Catastrophic Injuries: When Everything Changes

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. When 80,000 pounds collides with 4,000 pounds, the energy transfer is devastating. The human body wasn’t designed to withstand these forces.

At Attorney911, we’ve spent 25+ years helping victims of catastrophic trucking accidents rebuild their lives. We understand that compensation can’t erase what happened—but it can provide the resources for the best possible recovery, the best medical care, and the most secure future for you and your family.

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, or rotational forces shear brain tissue.

Severity Levels:

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

Common Symptoms:

• Headaches, dizziness, nausea
• Memory loss, confusion
• Difficulty concentrating
• Mood changes, depression, anxiety
• Sleep disturbances
• Sensory problems (vision, hearing, taste)
• Speech difficulties
• Personality changes

Long-Term Consequences:

• Permanent cognitive impairment
• Inability to work
• Need for ongoing care and supervision
• Increased risk of dementia and Alzheimer’s
• Depression and emotional disorders

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

At Attorney911, we’ve recovered between $1,548,000 and $9,838,000+ for traumatic brain injury victims. As client Glenda Walker told us after her case settled, “They fought for me to get every dime I deserved.” That’s what we do for TBI victims in Otero County and across Colorado.

Spinal Cord Injury

Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis. The location and completeness of the injury determine the extent of disability.

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.

We’ve recovered between $4,770,000 and $25,880,000+ for spinal cord injury victims. These cases require lifetime planning, and we fight to ensure our clients have the resources they need for decades of care.

Amputation

Amputation injuries in trucking accidents occur through two mechanisms: traumatic amputation (limb severed at the scene due to crash forces) and surgical amputation (limb so severely damaged it must be surgically removed).

The crushing forces from truck impact, entrapment requiring amputation for extraction, severe burns requiring surgical removal, and infections from open wounds all lead to amputation in trucking accidents.

Ongoing Medical Needs:

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

Impact on Life:

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

We’ve recovered between $1,945,000 and $8,630,000 for amputation victims. These cases require understanding not just of immediate medical costs, but of lifetime prosthetic needs, career retraining or replacement, and the profound psychological impact of limb loss.

Severe Burns

Burns in 18-wheeler accidents typically result from fuel tank rupture and fire, hazmat cargo spills and ignition, electrical fires from battery/wiring damage, friction burns from road contact, and 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

Burn cases require specialized medical expertise and substantial compensation for ongoing care. We work with burn centers and reconstructive specialists to ensure our clients receive the best possible care and recovery.

Internal Organ Damage

Common internal injuries in trucking accidents include liver laceration or rupture, spleen damage requiring removal, kidney damage, lung contusion or collapse (pneumothorax), internal bleeding (hemorrhage), and bowel and intestinal damage.

These injuries are particularly dangerous because they may not show immediate symptoms. Internal bleeding can be life-threatening, requires emergency surgery, and organ removal affects long-term health. The delayed onset of symptoms makes immediate medical evaluation critical after any serious trucking accident.

Wrongful Death

When a trucking accident kills, wrongful death claims allow surviving family members to recover compensation. In Colorado, eligible claimants include the surviving spouse, children (minor and adult), parents (especially if no spouse or children), and the estate representative.

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

Colorado’s statute of limitations for wrongful death claims is generally two years from the date of death, though certain circumstances may affect this timeline. Immediate legal consultation is essential to preserve evidence and protect your family’s rights.

We’ve recovered between $1,910,000 and $9,520,000 for families who lost loved ones in trucking accidents. As client Chad Harris told us, “You are NOT just some client… You are FAMILY to them.” We treat every wrongful death case with the compassion and determination it deserves.

Colorado Law and Your Otero County Trucking Accident Case

Understanding Colorado’s specific legal framework is essential for maximizing your recovery after an 18-wheeler accident in Otero County.

Statute of Limitations

In Colorado, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the clock generally starts running from the date of death, not the accident date.

This two-year window may seem generous, but waiting is dangerous. Evidence disappears, witnesses forget, and trucking companies build their defenses. We recommend contacting an attorney within days, not months.

Comparative Negligence: Colorado’s Modified Comparative Fault System

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

• If you are found less than 50% at fault, you can recover damages reduced by your percentage of fault. For example, if you’re 20% at fault and your damages are $500,000, you recover $400,000.

• If you are found 50% or more at fault, you recover nothing.

This makes thorough investigation and aggressive advocacy essential. The trucking company and their insurer will try to shift blame to you. Our job is to prove their negligence and minimize any attribution of fault to you.

Damage Caps: What Colorado Limits

Colorado imposes specific caps on certain damages:

Non-Economic Damages: For personal injury cases not involving medical malpractice, Colorado caps non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) at $250,000, or $500,000 if there is “clear and convincing evidence” warranting a higher amount. These amounts are adjusted for inflation.

Punitive Damages: Colorado caps punitive damages at the amount of actual damages awarded (a 1:1 ratio). For example, if you receive $500,000 in compensatory damages, punitive damages are capped at $500,000.

Medical Malpractice: A separate $1 million cap applies to medical malpractice cases, with a $300,000 sub-cap on non-economic damages.

These caps make strategic case development essential. We focus on maximizing economic damages (medical costs, lost wages, future care needs) and building strong cases for the exceptions that allow higher non-economic and punitive awards.

Governmental Immunity: Suing Public Entities

If your accident involved a government-owned truck (municipal, county, state, or federal), special rules apply. Colorado’s Governmental Immunity Act limits liability and imposes strict procedural requirements:

• Notice Requirement: You must file written notice with the appropriate governmental entity within 182 days (approximately 6 months) of the incident. This is much shorter than the general 2-year statute of limitations.

• Damage Caps: For claims against local governments, damages are capped at $350,000 per person and $990,000 per occurrence (adjusted for inflation). For state government claims, caps are $150,000 per person and $600,000 per occurrence.

• Immunity Exceptions: Governmental immunity does not apply to the operation of motor vehicles by government employees in the scope of their employment, but procedural requirements and caps still apply.

These strict requirements make immediate legal consultation essential if any government entity may be involved in your accident.

FMCSA Regulations: The Rules Trucking Companies Break

The Federal Motor Carrier Safety Administration (FMCSA) regulates every aspect of commercial trucking. When trucking companies and drivers 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.

Part 390: General Applicability and Definitions

Part 390 establishes who must comply with federal trucking regulations. It applies to all motor carriers operating commercial motor vehicles (CMVs) in interstate commerce, all drivers of CMVs in interstate commerce, and all vehicles with a gross vehicle weight rating (GVWR) over 10,001 pounds.

Key definitions include:

• Commercial Motor Vehicle (CMV): Vehicle with GVWR 10,001+ lbs, designed for 16+ passengers, or transporting hazardous materials
• Motor Carrier: Person or company operating CMVs in interstate commerce
• Interstate Commerce: Trade, traffic, or transportation crossing state lines

Under 49 CFR § 390.3, “The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”

Part 391: Driver Qualification Standards

Part 391 establishes who is qualified to drive a commercial motor vehicle. Under 49 CFR § 391.11, a person shall not drive a CMV unless they:

1. Are at least 21 years old (interstate) or 18 years old (intrastate)
2. Can read and speak English sufficiently
3. Can safely operate the CMV and cargo type
4. Are physically qualified under § 391.41
5. Have a valid commercial driver’s license (CDL)
6. Have completed a driver’s road test or equivalent
7. Are not disqualified under § 391.15 (violations, suspensions)
8. Have completed required entry-level driver training

Driver Qualification File Requirements (49 CFR § 391.51):

Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:

• Employment application completed per § 391.21
• Motor vehicle record from state licensing authority
• Road test certificate or equivalent documentation
• Medical examiner’s certificate (current, valid, maximum 2 years)
• Annual driving record review (must be conducted and documented)
• Previous employer inquiries (3-year driving history investigation)
• Drug and alcohol test records (pre-employment and random testing)

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

Physical Qualification Requirements (49 CFR § 391.41):

Drivers must be medically qualified to operate CMVs. Key requirements include:

• No loss of foot, leg, hand, or arm (without exemption)
• No established medical history of epilepsy or seizures
• No mental, nervous, or psychiatric disorder likely to interfere with safe driving
• No current clinical diagnosis of alcoholism
• No use of Schedule I controlled substances
• No use of non-Schedule I substances that impair driving ability
• Vision of at least 20/40 in each eye (with or without correction)
• Hearing adequate to perceive forced whisper at 5 feet

Part 392: Driving of Commercial Motor Vehicles

Part 392 establishes rules for the safe operation of CMVs.

Ill or Fatigued Operators (49 CFR § 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 (49 CFR § 392.4):

A driver shall not be on duty or operate a CMV while:

1. Under the influence of any Schedule I substance
2. Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
3. Possessing a Schedule I substance (unless prescription)

Alcohol (49 CFR § 392.5):

A driver shall not:

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

Speeding (49 CFR § 392.6):

“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

Following Too Closely (49 CFR § 392.11):

“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”

Mobile Phone Use (49 CFR § 392.82):

Drivers are PROHIBITED from:

• Using a hand-held mobile telephone while driving
• Reaching for mobile phone in manner requiring leaving seated position
• Texting while driving (49 CFR § 392.80)

Part 393: Parts and Accessories for Safe Operation

Part 393 establishes equipment and cargo securement standards.

Cargo Securement (49 CFR § 393.100-136):

General Requirements (§ 393.100): Cargo must be contained, immobilized, or secured to prevent:

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

Performance Criteria (§ 393.102): Cargo securement systems must withstand:

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

Tiedown Requirements:

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

Brakes (49 CFR § 393.40-55):

All CMVs must have properly functioning brake systems:

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

Lighting (49 CFR § 393.11-26):

Required lighting includes headlamps, tail lamps, stop lamps, clearance and side marker lamps, reflectors and retroreflective sheeting, and turn signal lamps.

Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.

Part 395: Hours of Service (HOS) Regulations

Part 395 prevents driver fatigue by limiting driving time and requiring rest. These are the most commonly violated regulations in trucking accidents—and often the most deadly.

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 (49 CFR § 395.1(g)):

Drivers using sleeper berth may split 10-hour off-duty period with at least 7 consecutive hours in sleeper berth plus at least 2 consecutive hours off-duty (in berth or otherwise). Neither period counts against the 14-hour window.

Electronic Logging Device (ELD) Mandate (49 CFR § 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), and record GPS location, speed, and 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, and any HOS violations.

We send spoliation letters immediately to preserve this data.

Part 396: Inspection, Repair, and Maintenance

Part 396 ensures CMVs are maintained in safe operating condition.

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, and emergency equipment.

Annual Inspection (§ 396.17):

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

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, and 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.

Commercial Truck Insurance: Why These Cases Are Worth More

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

Federal Minimum Liability Limits

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

Many carriers carry $1-5 million or more in coverage. This higher coverage means catastrophic injuries can actually be compensated.

Types of Damages Recoverable

Economic Damages (Calculable Losses):

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

Non-Economic Damages (Quality of Life):

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

Punitive Damages (Punishment for Gross Negligence):

Punitive damages may be available when the trucking company or driver acted with gross negligence, willful misconduct, conscious indifference to safety, or fraud (falsifying logs, destroying evidence).

Colorado caps punitive damages at the amount of actual damages awarded (1:1 ratio), but in cases of egregious conduct, these damages can still be substantial and send a powerful message.

Frequently Asked Questions: 18-Wheeler Accidents in Otero County

Immediate After-Accident Questions

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

If you’ve been in a trucking accident in Otero 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; and 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. Otero County’s medical facilities and regional trauma centers 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 Otero 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; and weather and road conditions.

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

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

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

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

Trucking Company and Driver Questions

Who can I sue after an 18-wheeler accident in Otero 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); and government entities (for road defects). We investigate every possible defendant to maximize your recovery.

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

Usually YES. Under 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), and negligent scheduling (pressuring drivers to violate hours of service regulations).

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

Colorado’s modified comparative negligence system allows recovery even if you were partially at fault, as long as you were less than 50% responsible. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.

Evidence and Investigation Questions

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

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data—similar to airplane black boxes. This data can show speed before and during the crash, brake application timing, engine RPM and throttle position, whether cruise control was engaged, and GPS location. This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.

Insurance and Damages Questions

How much insurance do trucking companies carry?

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

What 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, and excess/umbrella coverage. We identify all available coverage to maximize your recovery.

Why Choose Attorney911 for Your Otero County 18-Wheeler Accident Case

25+ Years of Fighting for Trucking Accident Victims

Ralph Manginello has been fighting for injury victims since 1998. With over 25 years of courtroom experience, federal court admission to the U.S. District Court for the Southern District of Texas, and a track record of multi-million dollar verdicts, he brings the expertise that trucking accident cases demand.

Our firm has recovered over $50 million for clients across all practice areas. We’ve 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. We know how to take on the biggest companies and win.

The Insurance Defense Advantage: Lupe Peña

Our associate attorney, Lupe Peña, spent years working at a national insurance defense firm before joining Attorney911. He watched adjusters minimize claims. He saw how they train their people to lowball victims. He knows their formulas, their tactics, and their pressure points.

Now he uses that insider knowledge to fight FOR you, not against you. When the trucking company’s insurance adjuster makes an offer, Lupe knows exactly how much they’re holding back. When they claim your injuries aren’t that serious, he knows how to prove otherwise. When they threaten to deny your claim, he knows when they’re bluffing.

This insider advantage is something most firms simply don’t have. It’s your edge in negotiations and litigation.

Multi-Million Dollar Case Results

Our track record speaks for itself:

Case Type	Injury	Settlement Result
Workplace/Logging Accident	Traumatic Brain Injury + Vision Loss	$5+ Million
Car Accident + Medical Complication	Partial Leg Amputation	$3.8+ Million
Maritime/Jones Act	Back Injury	$2+ Million
Commercial Trucking	Truck Crash Recovery	$2.5+ Million
Trucking Wrongful Death	Fatal 18-wheeler accident	Millions (Multiple cases)

We’re currently litigating a $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity for hazing injuries. This active major litigation demonstrates our current capacity to handle complex, high-stakes cases against well-funded defendants.

4.9-Star Client Satisfaction

Our clients speak for us:

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

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

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

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

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

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

With 251+ Google reviews and a 4.9-star average, our client satisfaction speaks to our commitment to treating every client like family, not a case number.

Three Office Locations, Colorado and Beyond

With offices in Houston, Austin, and Beaumont, Texas, we serve trucking accident victims across Texas and beyond. Our federal court admission and dual-state licensure (Texas and New York) allow us to handle complex interstate cases.

For Otero County clients, we offer remote consultations and travel to Colorado for your case. Distance is never a barrier to getting the experienced representation you deserve.

Contingency Fee: No Fee Unless We Win

You pay nothing unless we win. Zero upfront costs. We advance all investigation expenses. Our standard contingency fee is 33.33% pre-trial and 40% if trial is necessary. You never receive a bill from us—our fee comes from the recovery, not your pocket.

This means you can afford the same quality of representation as the trucking company, regardless of your financial situation.

Hablamos Español: Lupe Peña

For Otero County’s Spanish-speaking community, we offer direct representation without interpreters. Lupe Peña is fluent in Spanish and provides culturally competent legal services. Hablamos Español. Llame al 1-888-ATTY-911.

Your Next Step: Call Attorney911 Today

The trucking company has lawyers working right now to protect their interests. You deserve the same level of representation. Every hour you wait, evidence disappears. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw.

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

Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911).

We’re available 24/7. We answer trucking accident calls immediately. We offer free consultations with no obligation. We work on contingency—you pay nothing unless we win.

Ralph Manginello has spent 25+ years making trucking companies pay. Lupe Peña knows their playbook from the inside. Our team has recovered over $50 million for clients. We treat you like family, not a case number.

Your fight starts with one call: 1-888-ATTY-911.

Don’t wait. The clock started the moment that truck hit you. Within 48 hours, critical evidence can be overwritten—and the trucking company knows it. Call now before it’s gone.

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

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