Colorado DOT Sues Trucking Firms, Spotlighting State’s Rise in Commercial Vehicle Accidents

This report details a lawsuit filed by the Colorado Department of Transportation against two trucking firms for a bridge strike on I-70, examining the legal allegations and the broader context of increasing commercial vehicle accidents in the state.

The Colorado Department of Transportation (CDOT) has initiated legal action against Henderson Heavy Haul Trucking, Inc., and Fed Up Escorts, LLC, following a significant bridge strike on Interstate 70 in 2023. The lawsuit, filed in district court, alleges that the companies were negligent when an oversized load being transported by Henderson Heavy Haul struck an overpass. According to the complaint, the incident occurred because the trucking and escort companies deviated from their state-approved and permitted route, which was specifically designed to avoid such structural conflicts.

The State’s Allegations: Negligence and Breach of Permit

CDOT’s legal complaint centers on claims of negligence and breach of contract related to the oversized load permit. The filing asserts that Henderson Heavy Haul Trucking was transporting heavy equipment when it struck the underside of a bridge on I-70. This deviation from the pre-approved route is the core of the state’s claim. The complaint further alleges that the pilot escort vehicle, operated by Fed Up Escorts, LLC, was not properly managed or replaced during the transport, contributing to the failure to identify and avoid the low-clearance bridge. CDOT is seeking damages to cover substantial costs, including those for emergency bridge repairs, the dispatch of state personnel and emergency services, and the comprehensive cleanup of the accident site.

Lawsuit Highlights Trend of Rising Commercial Vehicle Collisions in Colorado

This high-profile CDOT lawsuit occurs within a troubling statistical context for the state. Recent data indicates a significant increase in commercial vehicle accidents on Colorado’s highways. According to official statistics, there were 5,816 accidents involving medium to heavy trucks in Colorado in 2024 alone. Of those, Denver County recorded the highest number with 712 incidents.

These collisions have had severe consequences, resulting in 88 fatalities and 1,153 injuries statewide during the same period. In response to this trend, the Colorado State Patrol has increased its enforcement actions against commercial vehicle violations, particularly along critical corridors like I-70. Causal data from the Federal Motor Carrier Safety Administration (FMCSA) attributes 87% of large truck accidents to driver error, a figure supported by state-level data showing careless driving was a factor in 1,077 Colorado truck accidents in 2024.

Potential Legal and Financial Ramifications for Colorado’s Trucking Sector

The lawsuit against Henderson Heavy Haul Trucking and the broader rise in Colorado truck accidents bring significant legal and financial concerns to the forefront for the state’s transportation sector. A key legal doctrine in these cases is vicarious liability, which holds employers like trucking companies responsible for the negligent actions of their employees. This principle is often central to litigation following commercial vehicle collisions. Furthermore, the industry is contending with a trend of soaring nuclear verdicts, where lawsuits result in multi-million dollar judgments. 

For instance, a Dallas jury recently returned a $44.1 million verdict against a trucking firm for its role in a fatal 2021 pileup. This litigious environment, combined with rising accident rates, is contributing to market uncertainty and a notable increase in insurance premiums for commercial fleets operating in Colorado.

Potentially Liable Party Basis for Liability Key Evidentiary Considerations
The Driver Direct negligence (e.g., speeding, distracted driving, hours-of-service violations). Driver logs, toxicology reports, electronic data recorder (EDR) information, traffic citations.
The Trucking Company (Carrier) Vicarious liability for the driver; negligent hiring, training, or supervision; failure to maintain vehicles. Hiring records, training manuals, vehicle maintenance history, compliance with FMCSA regulations.
The Shipper / Cargo Loader Improperly securing or overloading cargo, leading to instability or falling debris. Loading manifests, weight receipts, contracts specifying loading responsibilities.
The Maintenance Provider Negligent repair or failure to identify critical defects (e.g., brake failure). Service records, parts invoices, diagnostic reports, technician certifications.

Navigating Legal Recourse for Victims of Commercial Vehicle Accidents

Pursuing a claim after a commercial vehicle collision is significantly more complex than a standard car accident. The process often involves multiple potential defendants, a web of federal regulations from bodies like the FMCSA, and aggressive defense from corporate insurance carriers. A thorough investigation is essential to determine all liable parties, which, as outlined in the table above, can range from the driver and carrier to the cargo loader or maintenance provider. Victims must follow precise steps to protect their rights and build a foundation for a potential claim.

Initial Steps for Victims After a Commercial Truck Accident:

  • Seek medical attention immediately for your injuries and generate official records.
  • Report the accident to the relevant law enforcement agency for the official police report.
  • Document the scene extensively with photographs and videos if possible.
  • Get contact information from the parties involved and witnesses.
  • Don’t provide a recorded statement to an insurance adjuster unless your lawyer is present.
  • Preserve all related documents, including medical bills and correspondence.

Successfully navigating these claims requires deep experience with both Colorado state law and federal trucking regulations. Victims often consult a trusted Denver truck accident lawyer with a proven record of helping victims recover compensation after complex commercial vehicle accidents. Firms with robust investigative resources are crucial for uncovering evidence from trucking logs, maintenance records, and electronic data recorders to build a strong case. A client-focused approach, as highlighted on the firm’s page, ensures victims are supported through every legal step, from initial investigation to securing a fair settlement or verdict.

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