Loveland Pass Injury Claims: Why Hazmat Trucks Are Forced Onto This Road

To move goods and supplies from one coast of the country to the other, you must either go under or over the Continental Divide. Located about 60 miles west of Denver, drivers face two choices for overcoming this geological obstacle: using the Eisenhower-Johnson Memorial Tunnel (EJMT) to go through the Rockies, or choosing the Loveland Pass to go over the Divide.

Not every motorist has a choice, however. Those transporting certain hazardous materials cargo must use Loveland Pass. Combined with the Pass’s design and dangerous weather conditions, this makes Loveland Pass a dangerous stretch of road where serious accidents can happen.

What is the Loveland Pass Route?

The Loveland Pass route is an approximately 20-mile stretch of U.S. Highway 6 spanning the Continental Divide through the Loveland Pass in the Rocky Mountains. It serves as the primary bypass route for Interstate 70 and is used by general traffic whenever the EJMT is closed. Certain types of traffic, specifically vehicles carrying hazardous materials, must use the Pass when it is open.

The Pass route runs between I-70 Exit 205 near Silverthorne on the western side of the Divide and I-70 Exit 216 near the Loveland Ski Area on the eastern side. Once motorists exit the interstate onto U.S. 6, they can expect to experience:

• Sharp increases in elevation: Both eastbound and westbound routes feature 6% to 7% inclines as the route ascends to an elevation of approximately 11,990 feet within the span of approximately four miles.
• Switchback roads: To ascend the steep face of the Divide, the Loveland Pass features switchback roads, or alternating 180-degree bends that travel back and forth across the face of the mountains. These roads reduce the grade vehicles must travel.
• Unpredictable weather: Because the Loveland Pass route is exposed and runs across rugged, mountainous terrain, drivers who use the Pass can be exposed to extreme winter weather, including avalanches.

Authorities endeavor to keep Loveland Pass open year-round, but occasional weather-related closures do happen.

Why Must Hazmat Carriers Use the Loveland Pass?

Not all drivers are legally able to utilize the Eisenhower Tunnel to bypass Loveland Pass. Specifically, motorists transporting Class 1 explosives or placarded hazmat vehicles transporting flammable liquids, toxic substances, or compressed gases must use Loveland Pass to traverse the Continental Divide.

State law, specifically Colorado Revised Statutes §§ 42-20-301 – 42-20-305, empowers the Colorado Department of Transportation (CDOT) to designate routes for hazardous materials on all Colorado public highways. C.R.S. § 42-20-305, in particular, makes it an offense for motorists and carriers transporting hazardous materials to use public highways not designated as hazardous materials routes.

Pursuant to this statutory authority, Title 2 of the Code of Colorado Regulations 601-8, Rule 3.02 states that “all commercial vehicles, motor vehicles, and persons transporting placarded quantities of hazardous materials” must use Loveland Pass when it is open. Rule 3.07.1 further clarifies that the EJMT is not a designated hazardous materials route.

The reasons for this are straightforward:

• Explosions and fires involving fuel or other flammable substances can damage the steel and reinforced concrete of the tunnel, potentially leading to a collapse that traps motorists in the Tunnel.
• The EJMT’s on-site rescue crews may have difficulty reaching a spilled tanker or fire deep inside the Tunnel quickly when time is of the essence.
• The Tunnel’s ventilation system is ill-suited to quickly dissipate smoke or toxic fumes, presenting a significant suffocation or health hazard to motorists trapped in the Tunnel with an overturned hazmat vehicle or one that is on fire.

While extraordinary circumstances may allow some hazmat vehicles to use the EJMT, vehicles carrying Class 1 explosives are rarely permitted in the Tunnel under any circumstances.

Do Hazmat Vehicles Always Use Loveland Pass?

Sometimes, vehicles transporting hazardous materials may be unable to use Loveland Pass because of weather or road conditions. During these situations, CDOT allows placarded hazmat vehicles to use the Eisenhower Tunnel, subject to conditions:

• First, Tunnel authorities will clear the Tunnel of all non-hazmat vehicles and stop new traffic from entering the Tunnel;
• Next, hazmat vehicles will be gathered together and escorted through the Tunnel by safety vehicles;
• Once the convoy has cleared the Tunnel, regular traffic is permitted to resume using it.

Hazmat traffic is not permitted to use the EJMT unless Loveland Pass is closed. High-resolution cameras are present near both sides of the Tunnel to monitor for unauthorized vehicles attempting to use the EJMT. Violators can face significant fines and points on their licenses.

Common Dangers on the Loveland Pass That Lead to Truck Wrecks

Mountainous driving is unlike traveling on a level road at sea level, and traversing the Loveland Pass is no different. Aside from the weather — which can cause slick roads, poor visibility, and difficulty in maintaining control of one’s vehicle — motorists should remain alert to:

• Elevation: At 11,990 feet above sea level, Loveland Pass is the highest mountain pass in Colorado that stays open year-round. The air is thin at these elevations, causing car and truck engines to not perform as well as they would at sea level. Car drivers should therefore expect to encounter slow traffic ascending from the east or west.
• Narrow lanes: Large commercial trucks require a considerable amount of space navigating the many hairpin turns up and down the Divide. Drivers of cars and personal trucks can be forced onto the narrow shoulders or off the road if they encounter one of these commercial vehicles on a sharp curve.
• Lack of guardrails: Those using Loveland Pass will notice places along the route with sharp drop-offs and few guardrails. Extreme caution is needed when driving along these areas, as a loss of control or error in judgment can prove disastrous.

What Is Negligence Per Se, and What Is Its Connection to the Loveland Pass?

Colorado is an at-fault car accident state, meaning that when you are injured on a public highway like the Loveland Pass route, you can seek compensation for your injuries from the driver or person who caused the wreck. Doing so depends on proving that the other person acted negligently, or in a way that a reasonably careful person would not have.

State laws require hazmat vehicles to use Loveland Pass — and only this route — when attempting to cross the Continental Divide near I-70. Not only may hazmat drivers not use I-70 and the EJMT, but they also may not use other roads, either. Doing so constitutes a violation of state law and can be considered negligence per se and can make recovering compensation for any injuries easier.

No matter where a crash occurs, those injured in a wreck only have three years within which to bring a claim for damages. After this time, recovering compensation for injuries, medical expenses, and property damage becomes more difficult.

Speak with an Experienced Loveland Pass Injury Attorney

Although not a direct part of Interstate 70, U.S. 6 and the Loveland Pass route serve a vital purpose in moving people and goods, especially hazardous materials, from one side of the Continental Divide to the other. Unfortunately, the characteristics of the route itself, combined with the dangerous cargo that is diverted onto it, mean drivers are at a heightened risk of being injured in a crash.

The Law Office of Steve Roberts is available to help you with professional, experienced representation if you or a loved one are hurt while driving on the Loveland Pass route. Call us at 720.515.7058 or tell us about your accident using our online form.