Montana Truck Accident & Commercial Vehicle Injury Guide

The Impact: 80,000 Pounds of Steel on Montana’s Highroads

When an 80,000-pound commercial truck collides with a 4,000-pound passenger vehicle on I-90 or I-15, the results aren’t just an accident—they are a life-altering catastrophe. In an instant, you aren’t just a driver; you’re a victim fighting for your life, your family’s future, and your dignity against some of the largest corporations in the world.

At Attorney911, we know that after a truck wreck in Montana, the clock doesn’t just start ticking—it starts racing. While you are in a trauma center at a facility like Billings Clinic or St. Patrick Hospital, the trucking company has already deployed its rapid-response team. They have investigators on the scene, lawyers on the phone, and adjusters looking for any way to blame you for the crash.

You need more than a lawyer. You need the “Legal Emergency Lawyers™.” We are The Manginello Law Firm, led by Ralph Manginello, an attorney with over 25 years of experience taking on trucking companies and winning. Since 1998, Ralph has represented victims in federal and state courts, securing multi-million dollar settlements for those devastated by negligence. When you call us, you get a team that includes a former insurance defense attorney—someone who knows the playbook the other side is using to minimize your suffering.

If you’ve been hurt, don’t wait. Black box data overwrites in as little as 30 days. Call Attorney911 now at 1-888-ATTY-911 for a free consultation. Hablamos Español.

Why Attorney911 is the Firm Trucking Insurers Fear in Montana

Choosing the right representation is the most critical decision you will make following a commercial vehicle accident. Montana is a vast state where trucking is the lifeblood of our economy, but it’s also where oversight can be thin and corporate power can feel overwhelming.

The Insurance Defense Advantage: Lupe Peña

Our team includes associate attorney Lupe Peña. Before joining us to fight for victims, Lupe worked for a national insurance defense firm. He spent years on the other side of the table, learning exactly how insurers evaluate, delay, and deny legitimate trucking claims. He knows their formulas, their tactics, and their weaknesses. We use this insider knowledge to dismantle their defenses. As client Angel Walle said, we solved in a couple of months what others did nothing about in two years.

Ralph Manginello: 25+ Years of Federal and State Power

Our managing partner, Ralph Manginello, has been a licensed attorney since 1998. He is admitted to the State Bar of Texas and New York, and the U.S. District Court for the Southern District of Texas. This federal court experience is vital because many trucking accidents involving interstate commerce are litigated in the federal system. We have recovered over $50 million for our clients because we prepare every case as if it is going to trial. We don’t settle for lowball offers; we demand what you deserve.

Proven Track Record Against Corporate Giants

We aren’t intimidated by the logo on the side of the truck. Whether it’s Walmart, Amazon, FedEx, UPS, or a multinational oil company, we have gone head-to-head with the world’s largest corporations. Our history includes litigation related to the 2005 BP Texas City refinery explosion—a case involving 15 deaths and $2.1 billion in settlements. We are currently litigating a $10 million lawsuit against a major university for hazing. If we can take on a Fortune 1 company or a massive institution, we can handle the trucking company that hit you in Montana.

Put 25 years of experience in your corner. Call 1-888-ATTY-911 today. You pay nothing unless we win your case.

Montana Trucking Corridors: The High Stakes of the Big Sky

Montana’s geography creates a unique landscape for trucking accidents. We aren’t just talking about 18-wheelers; we are talking about logging trucks in the West, agricultural haulers in the North, and oilfield tankers in the Bakken formation to the East.

Dangerous Montana Interstates and Highways

• Interstate 90 (I-90): The longest interstate in the U.S. and Montana’s primary east-west artery. From the Idaho border through Missoula, Butte, Billings, and into Wyoming, this road is a constant stream of long-haul freight. The grades at Lookout Pass and Homestake Pass are notorious for brake failures and runaway truck scenarios.
• Interstate 15 (I-15): The major north-south corridor connecting Canada to the Vegas-LA hubs. High-speed cattle haulers and international freight containers make this a high-risk zone for high-speed rear-end collisions and jackknife accidents.
• US Highway 2 (The High Line): Crossing the northern part of the state, this highway sees massive grain transport and equipment hauling. The two-lane sections are prime areas for devastating head-on collisions when tired drivers drift across the centerline.
• Highway 85 and 16 (The Bakken Connection): To the East, these roads connect Sidney and Glendive to the North Dakota oilfields. They are filled with frac sand haulers, water trucks, and crude oil tankers that are often overloaded and driven by fatigued operators.

Regional Hazards

In Montana, the weather is more than a backdrop—it’s a hazard. Black ice on a bridge near Bozeman or a whiteout blizzard outside Billings can turn an 18-wheeler into an unguided missile. Under 49 CFR § 392.14, truck drivers are required to exercise “extreme caution” in hazardous conditions. If a driver failed to slow down or pull over during a Montana storm and caused a crash, that is a direct violation of federal law.

Hurt on a Montana highway? Call 888-ATTY-911. We know the roads, we know the regulations, and we know how to win.

The 49 CFR Checklist: Proving Negligence through FMCSA Violations

Every commercial truck operating in Montana must comply with the Federal Motor Carrier Safety Administration (FMCSA) regulations. These are the rules of the road that keep the public safe. When these rules are broken, it is prima facie evidence of negligence.

Part 395: Hours of Service (The Fatigue Factor)

Driver fatigue is one of the leading causes of truck accidents in Montana. A driver pushing from Spokane to Billings might be tempted to violate 49 CFR § 395.3. Federal law limits drivers to 11 hours of driving after 10 consecutive hours off duty. Since 2017, Electronic Logging Devices (ELDs) have been mandatory to track these hours. We subpoena the ELD data immediately to see if the driver was operating illegally. If the company pressured them to exceed these limits, both are liable.

Part 396: Inspection and Maintenance

Brake failure accounts for nearly 29% of all large truck crashes. Under 49 CFR § 396.3, trucking companies must systematically inspect and maintain their vehicles. Montana’s mountain grades, like the descent into Butte, demand perfect brakes. If we find that a company deferred maintenance on a Montana-bound rig to save money, they are responsible for the carnage that follows.

Part 391: Driver Qualification

Did the company check the driver’s background? Under 49 CFR § 391.51, carriers must maintain a Driver Qualification File. If they put a driver on the road with a history of DUIs or multiple accidents, they are guilty of negligent hiring. As client Donald Wilcox noted, another company wouldn’t take his case because it was difficult—we took it and he got a “handsome check.” We dig deeper to find the records other firms miss.

Part 393: Cargo Securement

Montana’s logging and coal industries involve heavy, unstable loads. Under 49 CFR § 393.100, cargo must be secured to prevent shifting or falling. A shifted load in a turn on a mountain road is the #1 cause of rollovers. We investigate the loaders, the shippers, and the drivers to see who failed to secure the cargo properly.

We cite the law to make them pay. Learn more in our guide at https://www.youtube.com/watch?v=iEEeZf-k8Ao. Call 1-888-ATTY-911.

The Full Spectrum of Truck & Commercial Vehicle Accidents

At Attorney911, we don’t just handle “big rigs.” In Montana, commercial vehicles come in many shapes, each with unique physics and unique liability.

1. Jackknife and Rollover Accidents

A jackknife often happens on Montana’s icy roads when a driver brakes too hard or too sudden. The trailer swings out, blocking all lanes of I-90. Rollovers are common in the energy sector when top-heavy water trucks take lease road corners too fast. Both can lead to multi-vehicle pileups and catastrophic crush injuries.

2. Underride and Override Collisions

An underride is one of the most lethal scenarios—where a car slides beneath the trailer. This often results in decapitation or severe TBI. Conversely, in an override, the truck drives over the car in front of it, often due to following too closely in Montana’s winter fog.

3. Montana Logging Truck Accidents

The western mountains of Montana are home to a massive timber industry. Logging trucks carry uncontained, cylindrical loads that are inherently unstable. If a log falls at highway speed, there is no survivable collision. These cases often involve complex third-party liability between the timber company, the loader, and the trucking contractor.

4. Oilfield Vehicle Accidents (The Bakken Reality)

In the eastern counties like Richland and Roosevelt, oilfield traffic is a daily danger.

• Frac Sand Haulers: Often overloaded, creating high center-of-gravity rollover risks.
• Crude Oil Tankers: Carrying hazardous materials (HAZMAT). Under FMCSA rules, these require a $5 million minimum insurance policy.
• Hot Shot Trucks: Super-duty pickups rushing parts to wellsites. They often speed and ignore hours-of-service rules.

5. Corporate Delivery Fleets (Amazon, Walmart, FedEx)

Montana may be rural, but big-box delivery is everywhere. Amazon uses “Delivery Service Partners” (DSPs)—small LLCs—to shield itself from liability. But Amazon controls the route, the metrics, and the monitoring. We know how to pierce that corporate shield. If an Amazon van hit you in Missoula or Bozeman, we go after the multibillion-dollar parent company, not just the local contractor.

6. Vulnerable Road Users: Pedestrians and Cyclists

Whether it’s a delivery truck in downtown Billings or a garbage truck in a Great Falls neighborhood, pedestrians have zero protection. A turn-related “right hook” accident involving a truck and a cyclist is almost always catastrophic. We hold drivers accountable for failing to check blind spots (the “No-Zones”).

Regardless of the truck type, 80,000 pounds is still 80,000 pounds. Call (888) 288-9911 for your free case evaluation.

The 16 Liable Parties: Why We Cast a Wide Net

Most lawyers only sue the driver. We know that in Montana trucking cases, liability is a web. More defendants mean more insurance policies, which means we can secure the full compensation you need for a lifetime of care.

1. The Driver: Standard negligence, fatigue, or distraction.
2. The Trucking Company: Vicarious liability and negligent hiring.
3. The Cargo Owner/Shipper: If they required an unsafe schedule.
4. The Loading Company: For improperly secured or weighted loads.
5. Truck/Trailer Manufacturers: Design defects in brakes or steering.
6. Parts Manufacturers: Defective tires (blowouts) or components.
7. Maintenance Companies: Failing to perform required FMCSA inspections.
8. Freight Brokers: Negligently hiring a carrier with a “conditional” or “unsatisfactory” safety rating.
9. Truck Owner: If they leased a dangerous vehicle.
10. Government Entities: Poorly designed roads or unmaintained highways like US-2.
11. Corporate Parent (Walmart/Amazon): When the brand dictates the unsafe methods.
12. Oilfield Operator: If an oil company created unsafe conditions on a lease road.
13. Staffing Companies: If they provided an unqualified driver.
14. Rental Companies (U-Haul/Penske): For negligent maintenance of civilian-driven trucks.
15. Transit Agencies/School Districts: For bus accidents in cities like Billings.
16. Federal Government: For USPS or military vehicle accidents (FTCA claims).

Our firm investigates deeper than any other. As client Glenda Walker said, “They fought for me to get every dime I deserved.” Call 1-888-ATTY-911.

48-Hour Urgency: The Battle for Montana Evidence

In a Montana truck accident, evidence has an expiration date. You must act within 48 hours to ensure the truth isn’t overwritten.

The Black Box (ECM)

Modern trucks have an Engine Control Module. It records speed, braking, RPM, and throttle position. In Montana’s high-speed crashes, this data is the “silent witness.” If the driver says they were going 65 but the box says 80, the case is won. But this data can be overwritten in 30 days or by new driving events.

Spoliation Letters

The moment we are retained, we send a formal spoliation letter. This is a legal notice to the trucking company: “Do not touch the truck. Do not delete the logs. Do not repair the brakes.” If they destroy evidence after receiving our letter, we can request a spoliation instruction from the judge, telling the jury to assume the destroyed evidence proved the company was guilty.

ELDs and Dashcams

We secure the Electronic Logging Device data to prove fatigue. We also secure video from systems like Netradyne (Amazon) or Lytx (Walmart). This footage shows if the driver was texting, nodding off, or looking at their dispatch tablet instead of the road.

Every hour you wait is an hour the trucking company uses to sweep the evidence under the rug. Call Attorney911 at 1-888-ATTY-911 now.

Catastrophic Injuries: Reclaiming Your Life

Trucking accidents don’t cause “fender benders.” They cause permanent, life-altering trauma. We have secured multi-million dollar results for victims facing the following:

1. Traumatic Brain Injury (TBI)

Settlement Range: $1.5M – $9.8M+
A TBI changes who you are. It affects your memory, your personality, and your ability to work. We work with neurologists to document the long-term impact on your cognitive function. As client Mongo Slade noted, we get right to work on these complex cases.

2. Spinal Cord Injury and Paralysis

Settlement Range: $4.7M – $25.8M+
A roof crush in a rollover can result in paraplegia or quadriplegia. The lifetime cost of care for these injuries is staggering. We retain life care planners to calculate every dollar you will need for home modifications, caregivers, and medical equipment in Montana.

3. Amputation and Disfigurement

Settlement Range: $1.9M – $8.6M+
Crush injuries often lead to traumatic or surgical amputation. We have recovered $3.8 million for a car accident client who suffered a partial leg amputation. We ensure your settlement covers the best prosthetics and the psychological toll of such a loss.

4. Wrongful Death

Settlement Range: $1.9M – $9.5M+
If you lost a spouse or parent in a Montana truck wreck, we are deeply sorry. We fight for your family’s loss of companionship, loss of future earnings, and the guidance that can never be replaced.

These aren’t just numbers; they are the resources you need to heal. Learn more in our Guide to Brain Injury Lawsuits: https://www.youtube.com/watch?v=GBYAHi5aiEQ. Call 1-888-ATTY-911.

Insurance and Montana Law: Navigating the Recovery

Montana’s legal landscape has specific rules that will dictate how much money you can recover.

Statute of Limitations

In Montana, you generally have 3 years from the date of the accident to file a personal injury claim. For wrongful death, the timeline is also 3 years. However, this is NOT a reason to wait. Waiting 3 years means the evidence is gone, the witnesses are gone, and the trucking company has moved on.

Modified Comparative Negligence (The 51% Rule)

Montana follows the 51% bar rule. This means you can recover damages even if you were partially at fault for the crash, as long as your fault is 50% or less. If a jury finds you 20% at fault, your final award is reduced by 20%. Our goal is to use FMCSA violations to shift 100% of the blame onto the trucking company.

Punitive Damages

If a trucking company acted with “actual malice” or systematic disregard for safety—like forcing a driver to stay awake for 20 hours—you may be entitled to punitive damages. In Montana, these are generally capped at $10 million or 3% of the defendant’s net worth, whichever is less.

Insurance Minimums

• General Freight: $750,000
• Oil/Petroleum: $1,000,000
• Hazardous Materials: $5,000,000

We identify “excess” and “umbrella” policies that sit above these minimums, often finding $10M-$50M in available coverage for our clients.

Don’t fight their adjusters alone. Put an attorney who used to work for them in your corner. Call 888-ATTY-911.

Montana Truck Accident FAQ

1. What should I do immediately after a truck wreck in Montana?

Call 911. Adrenaline will hide your pain, so go to the ER. Take photos of the DOT number on the truck door and the license plates. Get contact info for any witnesses—memories fade in the Montana wind. Then, call us at 1-888-ATTY-911.

2. The insurance company offered me a quick check. Should I take it?

NO. The first offer is always a lowball offer. It is designed to get you to sign away your rights before you know if you need surgery or have a permanent brain injury. As client Ernest Cano said, we will fight “tooth and nail” to get you more.

3. Can I sue for a crash on a private oilfield lease road in East Montana?

Yes. While state traffic laws might be different on private roads, negligence law and OSHA workplace standards (29 CFR 1910) still apply. If the oil company failed to maintain a safe road or signs, they are liable.

4. What if the driver doesn’t have a CDL?

This is a massive violation. Hiring a driver without a valid Commercial Driver’s License is “negligence per se.” It proves the trucking company prioritized profit over Montana citizens’ safety.

5. How much does a truck accident lawyer cost?

You pay us nothing upfront. We work on a contingency fee basis. We advance all the costs for expert witnesses and accident reconstruction. We only get paid if we win your case. You are NOT a pest to us—as Chad Harris said, “You are FAMILY to them.”

6. Who pays my medical bills while my case is pending?

Montana is not a “no-fault” state. You can use your own health insurance or MedPay. We also work with a network of vetted, attorney-approved doctors who can treat you under a “Letter of Protection,” meaning they get paid out of the final settlement so you don’t have to pay out of pocket during your recovery.

7. What about a U-Haul or rental truck that hit me?

Rental trucks are dangerous because drivers don’t need a CDL to drive a 26-foot truck. We investigate if the rental company (U-Haul, Penske) gave a dangerous vehicle to an obviously unqualified driver or failed to maintain the brakes.

Final Closing: Your Fight Starts with One Call

You are currently facing the hardest moment of your life. You are in pain, you are worried about your bills, and you are being harassed by insurance adjusters from companies like Walmart or Amazon. You don’t have to carry this burden alone.

For over 25 years, Ralph Manginello and the team at Attorney911 have been the “Legal Emergency Lawyers™.” We don’t just file paperwork; we go to war. We use federal regulations to prove negligence, inside knowledge to defeat insurance tactics, and multi-million dollar resources to build your case. We have recovered over $50 million for families just like yours.

We serve all of Montana, from the urban streets of Missoula and Billings to the remote roads of the Bakken. We offer remote consultations and can travel to you.

The evidence is disappearing. The trucking company is building their defense. It’s time for you to build yours. Call Attorney911 at 1-888-ATTY-911 (1-888-288-9911) or visit us at https://attorney911.com. Free consultation. 24/7. Hablamos Español.

Attorney911. Powerful. Proven. Your Montana Truck Accident Team.