18-Wheeler Accidents in North Dakota: Your Complete Guide to Justice and Compensation
When the Unthinkable Happens on North Dakota’s Highways
The impact was catastrophic. One moment, you’re driving home from Minot or heading to work in Bismarck, and the next, an 80,000-pound truck has changed your life forever. The pain is overwhelming. The medical bills are mounting. And the trucking company’s insurance adjuster is already calling with a “quick settlement offer.”
If you or a loved one has been injured in an 18-wheeler accident anywhere in North Dakota – from Fargo to Williston, Grand Forks to Dickinson – you need to know your rights. North Dakota’s trucking corridors like I-94 and I-29 see thousands of commercial vehicles daily, and when negligence leads to tragedy, the consequences can be life-altering.
Why North Dakota Trucking Accidents Are Different
North Dakota isn’t like other states when it comes to trucking accidents. Our unique factors create special risks and legal considerations:
- Extreme weather conditions – Blizzards, black ice, and Arctic cold create hazardous driving conditions that trucking companies must account for
- Oil field traffic – The Bakken formation brings heavy equipment, oversize loads, and fatigued drivers to our roads
- Agricultural trucking – Grain haulers and livestock transporters create seasonal traffic patterns
- Long distances between services – Limited truck stops and emergency services mean accidents often occur in remote areas
- Modified comparative negligence – North Dakota’s 50% bar rule means you can still recover if you’re less than half at fault
At Attorney911, we understand North Dakota’s trucking landscape. We know the dangerous stretches of I-94 near Jamestown, the busy oil field routes near Williston, and the agricultural corridors throughout the state. This local knowledge, combined with our national trucking litigation expertise, gives us a unique advantage in building your case.
The Devastating Reality of 18-Wheeler Accidents
Every year, thousands of Americans are killed or catastrophically injured in trucking accidents. But the statistics don’t capture the human cost – the families shattered, the careers ended, the lives forever changed.
Consider these facts:
- An 80,000-pound truck traveling at 65 mph needs 525 feet to stop – nearly two football fields
- Trucking accidents cause approximately 5,100 fatalities annually in the U.S.
- 76% of those killed are occupants of the smaller vehicle
- Fatigue is a factor in 31% of fatal truck crashes
- North Dakota’s long winter nights and extreme cold create additional hazards
When a fully loaded semi-truck collides with a passenger vehicle, the results are often catastrophic. The physics simply don’t favor the smaller vehicle. That’s why trucking companies carry insurance policies of $750,000 to $5 million – to cover the massive damages they can cause.
Common Causes of North Dakota Trucking Accidents
Trucking accidents don’t happen by accident. They’re caused by preventable negligence. In North Dakota, we frequently see these causes:
Driver Fatigue and Hours of Service Violations
North Dakota’s long hauls and tight delivery schedules pressure drivers to violate federal hours of service regulations. FMCSA rules limit drivers to:
- 11 hours of driving after 10 consecutive hours off duty
- A 14-hour on-duty window
- A 30-minute break after 8 hours of driving
- 60/70 hour weekly limits
When drivers violate these rules, they become dangerously fatigued. Fatigued driving is as dangerous as drunk driving – reaction times slow, judgment becomes impaired, and the risk of falling asleep at the wheel increases dramatically.
Distracted Driving
With smartphones, GPS devices, and in-cab communications systems, truck drivers face constant distractions. Texting while driving is particularly dangerous – at 65 mph, a driver who looks at their phone for 5 seconds travels the length of a football field blind.
Improper Maintenance and Equipment Failures
North Dakota’s extreme weather conditions put additional stress on truck equipment. Common maintenance failures include:
- Worn brakes (responsible for 29% of truck accidents)
- Tire blowouts (common in extreme cold and heat)
- Lighting and signal failures
- Steering system defects
- Coupling device failures
Improper Loading and Cargo Securement
When cargo isn’t properly secured, it can shift during transit, causing the truck to become unstable. In North Dakota, we see this with:
- Agricultural products that aren’t properly balanced
- Oil field equipment that exceeds weight limits
- Hazardous materials that aren’t properly contained
Speeding and Reckless Driving
Truck drivers face pressure to meet tight delivery schedules. When they speed or drive recklessly to make up time, the results can be deadly. Speeding reduces the driver’s ability to react to road conditions and increases stopping distance.
Impaired Driving
Despite strict regulations, some truck drivers operate under the influence of drugs or alcohol. Others use prescription medications that impair their ability to drive safely.
The Catastrophic Injuries We See in North Dakota Trucking Cases
Due to the massive size and weight disparity, 18-wheeler accidents often cause injuries that change lives forever:
Traumatic Brain Injury (TBI)
The extreme forces in a trucking accident can cause the brain to impact the inside of the skull. TBI can result in:
- Memory loss and cognitive impairment
- Personality changes and mood disorders
- Permanent disability
- Increased risk of dementia and Alzheimer’s
Spinal Cord Injuries and Paralysis
Damage to the spinal cord can result in partial or complete paralysis:
- Paraplegia (loss of function below the waist)
- Quadriplegia (loss of function in all four limbs)
- Incomplete injuries with partial function
- Complete injuries with total loss of sensation and movement
Amputations
Crushing injuries often require surgical amputation. These life-altering injuries require:
- Prosthetic limbs ($5,000-$50,000 each)
- Ongoing physical therapy
- Psychological counseling
- Home and vehicle modifications
Severe Burns
Fuel tank ruptures and hazmat spills can cause devastating burns:
- First-degree (superficial)
- Second-degree (partial thickness)
- Third-degree (full thickness, requiring skin grafts)
- Fourth-degree (through skin to muscle/bone)
Internal Organ Damage
The forces in a trucking accident can cause internal injuries that aren’t immediately apparent:
- Liver and spleen lacerations
- Kidney damage
- Lung contusions
- Internal bleeding
Wrongful Death
When a trucking accident kills a loved one, surviving family members can pursue wrongful death claims to recover:
- Lost future income
- Loss of companionship and guidance
- Funeral expenses
- Pain and suffering experienced before death
Who’s Really Responsible? The Web of Liability in Trucking Cases
One of the most important differences between car accidents and trucking accidents is the number of potentially liable parties. While a car accident typically involves one at-fault driver, trucking accidents often involve multiple responsible parties:
The Truck Driver
The driver may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone use, GPS, dispatch communications)
- Fatigued driving (hours of service violations)
- Impaired driving (drugs, alcohol, prescription medications)
- Failure to conduct proper pre-trip inspections
The Trucking Company (Motor Carrier)
Trucking companies are often the most important defendants because they carry the highest insurance limits. They can be liable for:
- Vicarious liability – Responsibility for their employees’ actions
- Negligent hiring – Failing to properly vet drivers
- Negligent training – Inadequate safety training
- Negligent supervision – Failing to monitor driver performance
- Negligent maintenance – Poor vehicle upkeep
- Negligent scheduling – Pressuring drivers to violate hours of service
The Cargo Owner/Shipper
The company that owns the cargo may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous cargo
- Requiring overweight loads
- Pressuring carriers to expedite shipments
The Cargo Loading Company
Third-party loading companies may be liable for:
- Improper cargo securement
- Unbalanced load distribution
- Exceeding weight limits
- Failing to use proper blocking and bracing
Truck and Parts Manufacturers
Manufacturers may be liable for defective products:
- Brake system failures
- Tire defects causing blowouts
- Steering system defects
- Coupling device failures
- Lighting system defects
Maintenance Companies
Third-party maintenance providers may be liable for:
- Negligent repairs
- Failure to identify critical safety issues
- Using substandard parts
- Returning vehicles to service with known defects
Freight Brokers
Freight brokers who arrange transportation may be liable for:
- Negligent carrier selection
- Failure to verify carrier safety records
- Failure to check carrier insurance
- Selecting carriers with poor safety histories
The Truck Owner (if different from carrier)
In owner-operator arrangements, the truck owner may be liable for:
- Negligent entrustment
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
Government Entities
Government may be liable for:
- Dangerous road design
- Failure to maintain roads
- Inadequate signage
- Failure to install safety barriers
The Critical Evidence That Can Make or Break Your Case
In trucking 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.
Electronic Data That Must Be Preserved Immediately
ECM/Black Box Data
Commercial trucks have electronic systems that record operational data:
- Speed before and during the crash
- Brake application timing
- Throttle position
- Engine RPM
- Cruise control status
- Fault codes
This data can prove whether the driver was speeding, failed to brake, or was driving recklessly.
ELD (Electronic Logging Device) Data
ELDs record driver hours of service:
- Driving time
- On-duty time
- Off-duty time
- GPS location
- Vehicle movement
This data can prove hours of service violations and driver fatigue.
GPS and Telematics Data
Modern trucks have GPS tracking systems that record:
- Route history
- Speed history
- Hard braking events
- Idling time
Dashcam Footage
Many trucks have forward-facing and cab-facing cameras that record:
- The road ahead
- Driver behavior
- Traffic conditions
- The moments leading up to the crash
Cell Phone Records
Cell phone records can prove distracted driving by showing:
- Text messages
- Phone calls
- App usage
- GPS data from navigation apps
Physical Evidence That Must Be Preserved
The Truck and Trailer
The physical vehicles must be preserved for inspection:
- Damage patterns
- Mechanical condition
- Cargo securement devices
- Lighting and signal systems
Failed Components
Any failed parts (brakes, tires, steering components) must be preserved for expert analysis.
Cargo and Securement Devices
The cargo and how it was secured must be documented to prove securement failures.
Documentary Evidence That Must Be Obtained
Driver Qualification File
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record
- Previous employer verification
- Medical certification
- Drug test results
- Training records
Missing or incomplete files can prove negligent hiring.
Hours of Service Records
ELD data and supporting documents must be obtained to prove compliance with federal regulations.
Maintenance Records
Records of all inspections, repairs, and maintenance must be obtained to prove proper vehicle upkeep.
Inspection Reports
Pre-trip, post-trip, and annual inspection reports must be obtained.
Dispatch Records
Dispatch communications can show pressure to violate hours of service or make unrealistic delivery schedules.
Drug and Alcohol Test Results
Results of pre-employment, random, and post-accident testing must be obtained.
The 48-Hour Evidence Preservation Protocol
At Attorney911, we move fast because we know how quickly evidence disappears. Within 48 hours of being retained, we:
- Send formal spoliation letters to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence
- Demand immediate download of ECM/black box data and ELD records
- Subpoena cell phone records to prove distracted driving
- Obtain police crash reports and 911 call recordings
- Canvass the accident scene for security camera footage from nearby businesses
- Photograph all damage, tire marks, debris patterns, and road conditions
- Interview witnesses before memories fade
- Hire accident reconstruction experts to analyze the crash dynamics
Why timing is critical:
- ECM data can be overwritten in 30 days
- ELD data may be retained for only 6 months
- Dashcam footage is often deleted within 7-14 days
- Surveillance video from nearby businesses typically overwrites in 7-30 days
- Physical evidence may be repaired, sold, or scrapped
North Dakota’s Unique Legal Landscape for Trucking Cases
North Dakota has specific laws and procedures that affect trucking accident cases:
Statute of Limitations
In North Dakota, you have 6 years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the statute of limitations is 2 years. However, you should never wait this long. Evidence disappears, witnesses forget, and your case becomes harder to prove.
Comparative Negligence
North Dakota follows a modified comparative negligence system with a 50% bar rule. This means:
- If you’re less than 50% at fault, you can recover damages reduced by your percentage of fault
- If you’re 50% or more at fault, you cannot recover anything
For example, if you’re found 20% at fault and your damages are $100,000, you can recover $80,000. But if you’re found 50% or more at fault, you recover nothing.
Damage Caps
North Dakota has a cap on punitive damages – the greater of 2x compensatory damages or $250,000. However, there is no cap on compensatory damages for pain and suffering in personal injury cases.
Insurance Requirements
North Dakota requires minimum liability insurance of:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 for property damage
However, commercial trucks are subject to federal minimum insurance requirements:
- $750,000 for non-hazardous freight
- $1,000,000 for oil and large equipment
- $5,000,000 for hazardous materials
The Types of Compensation Available in North Dakota Trucking Cases
If you’ve been injured in an 18-wheeler accident in North Dakota, you may be entitled to several types of compensation:
Economic Damages (Calculable Losses)
- 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)
- Pain and suffering – Physical pain from injuries
- Mental anguish – Psychological trauma, anxiety, depression
- Loss of enjoyment – Inability to participate in activities you once enjoyed
- Disfigurement – Scarring, visible injuries
- Loss of consortium – Impact on marriage and family relationships
- Physical impairment – Reduced physical capabilities
Punitive Damages (Punishment for Gross Negligence)
Punitive damages may be available when the trucking company acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
In North Dakota, punitive damages are capped at the greater of 2x compensatory damages or $250,000.
How We Build Your North Dakota Trucking Case
At Attorney911, we have a proven process for building strong trucking accident cases:
1. Immediate Evidence Preservation
- Send spoliation letters within 24-48 hours
- Demand preservation of ECM, ELD, and dashcam data
- Secure physical evidence before it’s repaired or destroyed
2. Comprehensive Investigation
- Obtain police crash reports
- Interview witnesses
- Analyze accident scene photos and videos
- Review medical records
- Examine vehicle damage
3. Expert Analysis
- Accident reconstruction experts – Determine how the crash occurred
- Medical experts – Establish the extent of your injuries
- Vocational experts – Calculate lost earning capacity
- Economic experts – Determine the present value of all damages
- Life care planners – Develop comprehensive care plans for catastrophic injuries
- FMCSA regulation experts – Identify all violations
4. Aggressive Litigation
- File lawsuit before statute of limitations expires
- Pursue aggressive discovery against all liable parties
- Depose truck driver, dispatcher, safety manager, maintenance personnel
- Build case for trial while negotiating settlement from position of strength
5. Trial Preparation
- Prepare every case as if it’s going to trial
- Develop compelling trial presentation
- Prepare witnesses for testimony
- Create demonstrative exhibits
Why Choose Attorney911 for Your North Dakota Trucking Case
When you’re up against trucking companies with teams of lawyers and millions in insurance, you need a firm with the experience, resources, and determination to fight back. At Attorney911, we offer:
25+ Years of Trucking Litigation Experience
Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. He has:
- Recovered multi-million dollar settlements and verdicts
- Federal court admission to the U.S. District Court, Southern District of Texas
- Experience in BP explosion litigation against multinational corporations
- A track record of holding trucking companies accountable
Insider Knowledge of Insurance Company Tactics
Our firm includes Lupe Peña, a former insurance defense attorney who knows exactly how trucking insurers evaluate, minimize, and deny claims. He spent years on the other side – now he uses that knowledge to fight for you.
Proven Track Record of Results
We’ve recovered $50+ million for our clients, including:
- $5+ million for a traumatic brain injury victim
- $3.8+ million for a car accident amputation case
- $2.5+ million for truck crash victims
- Millions for families in wrongful death cases
Federal Court Experience
We’re admitted to practice in federal court, which is critical for interstate trucking cases that often involve federal regulations and multiple jurisdictions.
Comprehensive Resources
We have the resources to handle complex trucking cases:
- Accident reconstruction experts
- Medical specialists
- Vocational experts
- Economic analysts
- Life care planners
- FMCSA regulation experts
Personal Attention
Unlike big billboard firms that treat you like a case number, we treat you like family. Our clients consistently praise our communication, compassion, and dedication.
No Fee Unless We Win
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.
The Attorney911 Advantage: Our Former Insurance Defense Attorney
One of our greatest advantages is Lupe Peña, our associate attorney who spent years working for a national insurance defense firm. This gives us unique insight into how trucking insurers operate:
How Insurance Companies Evaluate Claims
Lupe knows the formulas and algorithms insurers use to value claims. He understands how they calculate:
- Medical expenses
- Lost wages
- Pain and suffering
- Future damages
How Adjusters Are Trained
He knows the training adjusters receive to:
- Minimize claim values
- Use recorded statements against victims
- Delay claims to pressure victims into accepting low offers
What Makes Them Settle
Lupe understands what motivates insurance companies to offer fair settlements:
- Strong evidence of liability
- Clear documentation of damages
- Willingness to go to trial
- Pattern of similar violations
How They Minimize Payouts
He knows the tactics adjusters use to reduce claim values:
- Disputing medical necessity
- Arguing pre-existing conditions
- Blaming the victim
- Delaying the claims process
- Offering quick lowball settlements
How They Deny Claims
Lupe understands the strategies insurers use to deny claims:
- Alleging policy exclusions
- Disputing causation
- Claiming late reporting
- Arguing insufficient evidence
What to Do If You’ve Been in a North Dakota Trucking Accident
If you or a loved one has been injured in an 18-wheeler accident in North Dakota, take these steps to protect your rights:
1. Seek Medical Attention Immediately
Even if your injuries seem minor, get checked out by a doctor. Adrenaline masks pain, and some injuries (like TBI or internal bleeding) may not show symptoms immediately. Medical records create critical evidence for your case.
2. Document the Scene
If you’re able, take photos and videos of:
- All vehicles involved
- Vehicle damage (inside and out)
- The accident scene
- Road conditions
- Traffic signs and signals
- Your injuries
- Witnesses
3. Get Important Information
Collect:
- The truck driver’s name, CDL number, and contact information
- The trucking company’s name and DOT number
- The truck’s license plate number
- Insurance information
- Witness names and contact information
4. Don’t Give Recorded Statements
Insurance adjusters will call quickly with a “quick settlement offer.” Don’t give any recorded statements or accept any offers without consulting an attorney. Anything you say can be used against you.
5. Contact an 18-Wheeler Accident Attorney Immediately
The sooner you contact us, the sooner we can:
- Send spoliation letters to preserve evidence
- Begin our investigation
- Deal with insurance companies on your behalf
- Protect your legal rights
North Dakota Trucking Corridors: Where Accidents Happen
North Dakota’s trucking corridors see heavy commercial traffic that creates accident risks:
I-94: The Transcontinental Corridor
Running east-west across North Dakota, I-94 is a major freight route connecting Minneapolis to Billings. Dangerous stretches include:
- The Bismarck-Mandan area with heavy commuter traffic
- The Jamestown area with challenging weather conditions
- The Dickinson area with oil field traffic
I-29: The North-South Corridor
I-29 runs from the Canadian border through Fargo and Grand Forks. High-risk areas include:
- The Fargo-Moorhead area with heavy urban traffic
- The Grand Forks area with agricultural traffic
- The Pembina area near the Canadian border
US-2: The Northern Route
US-2 connects Grand Forks to Minot and beyond. This rural route sees:
- Agricultural trucking
- Oil field equipment
- Long-haul freight
US-83: The Central Corridor
Running north-south through Bismarck and Minot, US-83 is a major freight route with:
- Oil field traffic
- Agricultural shipments
- Long-distance trucking
Oil Field Routes
The Bakken formation brings heavy truck traffic to:
- Williston area
- Dickinson area
- Watford City area
- New Town area
These routes see oversize loads, heavy equipment, and fatigued drivers working long hours.
Common Types of North Dakota Trucking Accidents
Jackknife Accidents
Jackknife accidents occur when the trailer and cab skid in opposite directions, folding at an angle. Common causes in North Dakota include:
- Sudden braking on icy roads
- Speeding on curves
- Empty or lightly loaded trailers
- Improper braking technique
Rollover Accidents
Rollover accidents are common in North Dakota due to:
- High winds affecting high-profile trailers
- Speeding on rural highways
- Improperly secured agricultural loads
- Liquid cargo slosh in tankers
Underride Collisions
Underride collisions occur when a vehicle slides under a trailer. Common in North Dakota due to:
- Poor visibility in winter conditions
- Inadequate underride guards
- Sudden stops by trucks
Rear-End Collisions
Rear-end collisions are frequent due to:
- Long stopping distances for loaded trucks
- Driver fatigue
- Distracted driving
- Following too closely
Wide Turn Accidents
Wide turn accidents occur when trucks swing wide before turning right, creating a gap that other vehicles enter. Common in North Dakota’s rural areas where:
- Drivers aren’t familiar with truck turning patterns
- Intersections have limited visibility
- Trucks make wide turns to avoid obstacles
Blind Spot Accidents
Blind spot accidents occur when trucks change lanes without seeing vehicles in their “No-Zones”:
- Right side blind spot (largest)
- Left side blind spot
- Front blind spot
- Rear blind spot
Tire Blowout Accidents
Tire blowouts are common in North Dakota due to:
- Extreme temperature swings
- Long distances between services
- Road debris
- Poor maintenance
Brake Failure Accidents
Brake failures occur due to:
- Poor maintenance
- Overheated brakes on long descents
- Manufacturing defects
- Improper brake adjustments
North Dakota Trucking Accident Case Results
While we can’t guarantee results in your case, these documented verdicts and settlements from across the country demonstrate what’s possible when trucking companies are held accountable:
- $462 Million – St. Louis, MO (2024) – Underride accident that decapitated two victims
- $160 Million – Alabama (2024) – Rollover accident that left driver quadriplegic
- $141.5 Million – Florida (2023) – Nuclear verdict against defunct carrier
- $90 Million – Houston, TX – Truck driver burned in explosion
- $37.5 Million – Texas – Trucking accident verdict
- $35.5 Million – Texas – Family injured in truck accident
- $1 Billion – Florida (2021) – 18-year-old killed in trucking accident; $100M compensatory + $900M punitive
In North Dakota, the potential recovery depends on:
- The severity of your injuries
- The degree of the trucking company’s negligence
- The available insurance coverage
- The strength of your evidence
Frequently Asked Questions About North Dakota Trucking Accidents
What should I do immediately after an 18-wheeler accident in North Dakota?
If you’re able, take these steps:
- Call 911 and report the accident
- Seek medical attention, even if injuries seem minor
- Document the scene with photos and video
- 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. North Dakota hospitals like Sanford Health in Fargo and Bismarck can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
Who can I sue after an 18-wheeler accident in North Dakota?
Multiple parties may be liable:
- 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)
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)
What if the truck driver says the accident was my fault?
North Dakota uses a modified comparative negligence system with a 50% bar rule. Even if you were partially at fault, you may still recover compensation. 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 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
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.
What injuries are common in 18-wheeler accidents in North Dakota?
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 North Dakota?
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.
What if my loved one was killed in a trucking accident in North Dakota?
North Dakota 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.
How long do I have to file an 18-wheeler accident lawsuit in North Dakota?
The statute of limitations in North Dakota is 6 years for personal injury claims and 2 years for wrongful death claims. However, you should never wait this long. 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.
How much insurance do trucking companies carry?
Federal law requires minimum liability coverage:
- $750,000 for non-hazardous freight
- $1,000,000 for oil and 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.
Don’t Let the Trucking Company Win
After a trucking accident, you’re facing:
- Mounting medical bills
- Lost income
- Physical pain
- Emotional trauma
- Uncertainty about your future
Meanwhile, the trucking company has:
- Teams of lawyers
- Rapid-response investigators
- Millions in insurance
- A system designed to minimize your claim
You need someone on your side who knows their tactics and has the resources to fight back.
At Attorney911, we’ve been fighting for trucking accident victims for over 25 years. We know North Dakota’s highways, we know trucking regulations, and we know how to hold negligent trucking companies accountable.
Your Fight Starts with One Call
If you or a loved one has been injured in an 18-wheeler accident anywhere in North Dakota, call Attorney911 now at 1-888-ATTY-911 for a free consultation. We’re available 24/7 to answer your questions and begin protecting your rights.
Remember:
- Evidence disappears fast – call us within 48 hours
- Insurance companies will try to minimize your claim
- You may be entitled to significant compensation
- We work on contingency – you pay nothing unless we win
Don’t wait. Your future depends on the actions you take today. Call 1-888-ATTY-911 now.
“We treat our clients like family. When an 18-wheeler changes your life forever, you need a lawyer who treats you like family.”
— Chad Harris, Attorney911 Client
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
“You’re not just another case number – you’re family.”
— Attorney911 Team