18-Wheeler Accident Attorneys in Miami County: When 80,000 Pounds Changes Everything
Every sixteen minutes, someone in America dies in a commercial truck accident. If you’re reading this from Miami County, you might already know how quickly an 18-wheeler can transform a routine drive on I-69 into a life-altering catastrophe. Maybe it was a jackknife during an Indiana winter storm near Peru. Perhaps a fatigued driver on US-24 near Macy missed a stop sign. Or a loaded grain truck lost control on the ice-slicked roads that cut through Miami County’s agricultural heartland.
We’ve seen what happens when trucking companies put profits over safety. At Attorney911, we’ve spent over 25 years standing between injury victims and the corporate defense teams that try to minimize their pain. Our managing partner, Ralph Manginello, has been admitted to federal court since 1998 and has recovered multi-million dollar settlements for families devastated by catastrophic trucking crashes—including a $5 million recovery for a traumatic brain injury victim and a $3.8 million settlement for a client who suffered an amputation after a collision.
But here’s what you need to know right now: the trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. And somewhere in their system, black box data is waiting to be overwritten. You have 48 hours to preserve the evidence that proves they were at fault.
Call Attorney911 immediately at 1-888-ATTY-911 (1-888-288-9911). We answer 24/7, we advance all costs, and you pay nothing unless we win your case. Hablamos Español—our associate attorney Lupe Peña provides fluent Spanish representation without interpreters.
The Physics of Disaster: Why Miami County Truck Accidents Are Different
Your sedan weighs roughly 4,000 pounds. The fully loaded semi-truck that hit you? Up to 80,000 pounds under Indiana law—and that’s before we start talking about overloaded grain haulers violating federal weight limits on Miami County roads.
That twenty-to-one weight differential isn’t just a statistic. It means that at 60 miles per hour on I-69, an 18-wheeler carries roughly eighty times the kinetic energy of your car. It means that when a truck driver fails to brake in time because he’s been driving fourteen hours straight—violating federal Hours of Service regulations—the impact force can collapse your vehicle’s passenger compartment in ways that cause traumatic brain injuries, spinal cord damage, or instant death.
Indiana’s position as the “Crossroads of America” makes Miami County particularly vulnerable. I-69 slices through the county as a major north-south freight corridor connecting Fort Wayne to Indianapolis and beyond. US-24 brings east-west traffic across the state line. And when winter hits north-central Indiana, the combination of lake-effect snow, black ice, and truckers rushing to meet delivery deadlines creates deadly conditions.
The injuries we see in Miami County aren’t simple fender-benders. We’re talking about decapitation from underride collisions when a car slides beneath a trailer. We’re talking about crush injuries from rollovers on the icy curves near the Wabash River. We’re talking about traumatic amputations when a grain truck’s cargo shifts and the vehicle jackknifes across both lanes of US-31.
These aren’t accidents. They’re predictable outcomes when trucking companies violate federal safety regulations codified in Title 49 of the Code of Federal Regulations—regulations designed to prevent exactly the crashes that devastate families in Miami County.
Federal Safety Laws That Trucking Companies Break Every Day
The Federal Motor Carrier Safety Administration (FMCSA) regulates every commercial truck operating in Miami County under 49 CFR Parts 390 through 399. These aren’t suggestions—they’re federal mandates that carry the force of law. When trucking companies violate them, they create liability that we leverage to secure multi-million dollar settlements for our clients.
Part 391: Driver Qualification Standards
Before a driver can legally operate an 18-wheeler in interstate commerce, they must maintain a Driver Qualification (DQ) File containing:
- Proof they’re at least 21 years old
- Valid Commercial Driver’s License (CDL)
- Current medical examiner’s certificate (maximum 24 months)
- Clean driving record verification
- Pre-employment drug test results
We subpoena these files in every Miami County trucking case. Why? Because we’ve found trucking companies hiring drivers with suspended licenses, hiring drivers who failed drug tests, or simply failing to conduct background checks. Under the doctrine of negligent hiring, the company is liable for putting an unqualified driver behind the wheel of an 80,000-pound weapon.
Part 395: Hours of Service Violations
This is where we find the smoking gun in most fatigue-related crashes. Federal law limits property-carrying drivers to:
- 11 hours maximum driving after 10 consecutive hours off duty
- 14-hour duty window—cannot drive beyond the 14th consecutive hour after coming on duty
- 30-minute break required after 8 cumulative hours of driving
- 60/70 hour weekly limits—cannot drive after 60 hours in 7 days or 70 hours in 8 days
Most trucking companies now use Electronic Logging Devices (ELD) to track compliance. This data is objective and tamper-resistant—and it proves whether your driver was exhausted when he crossed into Miami County. ELD data can show us if a driver was speeding through the I-69 corridor to make a delivery deadline, or if he’d been driving 13 hours straight when he caused the crash near your home.
Critical warning: ELD data can be overwritten in as little as 30 days. That’s why we send spoliation preservation letters within 24 hours of being retained.
Part 393 & 396: Vehicle Maintenance and Cargo Securement
Brake failures cause 29% of trucking accidents. Under 49 CFR § 396.3, motor carriers must “systematically inspect, repair, and maintain” all vehicles. Drivers must conduct pre-trip inspections covering brakes, tires, lighting, and steering. Post-trip reports must document any defects.
When a truck’s brakes fail on the downgrade near the Mississinewa River, or when a tire blowout causes a rollover on US-24, we demand the maintenance records. Deferred maintenance to save money is negligence, plain and simple.
For cargo securement, 49 CFR §§ 393.100-136 mandates that cargo must be secured to withstand:
- 0.8g deceleration (sudden stop)
- 0.5g acceleration (rearward)
- 0.5g lateral force (side-to-side)
When grain spills across I-69 because the driver didn’t use proper tiedowns, or when a load shift causes a rollover on the curves near Peru, we prove the trucking company violated federal law—and we make them pay.
The Ten Potentially Liable Parties in Your Miami County Trucking Case
Most law firms just sue the driver and the trucking company. That’s a mistake that leaves money on the table—money you need for medical bills, lost wages, and your family’s future. Under Indiana’s modified comparative negligence system (with a 51% bar), you can recover damages if you’re 50% or less at fault, but your award is reduced by your percentage of fault. More importantly, every additional defendant means another insurance policy.
Here are all ten parties we investigate in every Miami County 18-wheeler accident:
1. The Truck Driver
Direct negligence: speeding, distraction (cell phone use violating 49 CFR § 392.82), fatigue, impairment, or failure to conduct pre-trip inspections. We subpoena cell phone records and drug test results immediately.
2. The Trucking Company/Motor Carrier
Vicarious liability under respondeat superior—the master answers for the servant. Plus direct negligence for negligent hiring, training, supervision, and maintenance. Indiana requires two years to file suit (Statute of Limitations), but evidence disappears fast.
3. The Cargo Owner/Shipper
The grain elevator in Miami County that loaded the truck, or the manufacturer that demanded overweight loading to save shipping costs. They can be liable for improper loading instructions or pressuring drivers to violate safety regulations.
4. The Loading Company
Third-party loaders who failed to secure cargo properly under FMCSA regulations. When grain shifts and causes a rollover near Macy, the loading company may share liability.
5. The Truck/Trailer Manufacturer
Defective brakes, faulty fuel tanks, or inadequate underride guards. Indiana product liability law allows claims against manufacturers for design and manufacturing defects.
6. The Parts Manufacturer
Defective tires, brake components, or steering mechanisms. We preserve failed components for expert analysis.
7. The Maintenance Company
Third-party mechanics who performed negligent repairs or returned the truck to service with known defects.
8. The Freight Broker
Brokers who arrange transportation often negligently select carriers with poor safety records (low CSA scores) to save money. Under federal law, they can be liable for negligent selection.
9. The Truck Owner (if different from carrier)
In owner-operator arrangements, the owner may be independently liable for negligent entrustment or inadequate maintenance.
10. Government Entities
Miami County or the State of Indiana may be liable for dangerous road design, inadequate signage, or failure to maintain safe conditions on county roads. Note: Indiana’s Tort Claims Act caps damages against government entities at $5 million, but strict notice requirements apply—you may have limited time to file a notice of claim.
Our firm includes Lupe Peña, a former insurance defense attorney who spent years inside the system protecting trucking companies. Now he uses that insider knowledge to fight for you. He knows exactly how insurers evaluate claims, how they train adjusters to minimize payouts, and when they’re bluffing about settlement offers. That’s your advantage when you hire Attorney911.
Catastrophic Accident Types We See on Miami County Roads
Jackknife Accidents
When a truck’s cab and trailer fold like a pocket knife, often blocking multiple lanes of I-69. Caused by improper braking on wet or icy roads—the exact conditions we see in Miami County winters—or brake failures. These often result in multi-vehicle pileups.
FMCSA Violation: 49 CFR § 393.48 (brake system malfunction) or § 392.6 (speeding for conditions).
Underride Collisions
The deadliest type of 18-wheeler accident. When a passenger vehicle slides under the trailer, the impact height typically shears off the roof at windshield level, causing decapitation or severe head trauma. We investigate whether the trucking company maintained required rear impact guards under 49 CFR § 393.86, or whether defective guards allowed the underride.
Rollover Accidents
Common on the curves and ramps of Miami County when truckers speed through turns or when improperly secured grain loads shift the center of gravity. The 80,000-pound vehicle tips, crushing anything in its path.
FMCSA Violation: 49 CFR § 393.100-136 (cargo securement).
Brake Failure Accidents
Twenty-nine percent of truck crashes involve brake problems. On the long hauls through Indiana, brakes overheat (brake fade), or poorly maintained systems fail. We demand the maintenance records that trucking companies must keep for 14 months under 49 CFR § 396.3.
Wide Turn/Squeeze Play Accidents
Miami County’s rural intersections and tight turns in small towns like Denver or Macy force 18-wheelers to swing wide before turning right. When drivers fail to check their blind spots or signal properly, they crush vehicles in the “squeeze play” gap.
FMCSA Violation: 49 CFR § 392.11 (following/turning violations).
Tire Blowouts
Indiana’s temperature extremes and road debris on I-69 cause tire failures. Under 49 CFR § 393.75, steer tires require 4/32″ tread depth minimum. When a blowout causes a loss of control near Peru, we examine the tire maintenance records.
Cargo Spills
When grain haulers or chemical trucks spill loads across Miami County highways, they create secondary accidents and exposure hazards. Federal law requires cargo securement systems to withstand specific force criteria—when they fail, the trucking company pays.
The Catastrophic Injuries That Require Catastrophic Compensation
The settlements we secure for Miami County families reflect the life-changing nature of these injuries. Attorney911 has recovered:
Traumatic Brain Injuries (TBI): $1.5 Million to $9.8 Million+
Brain injuries from 18-wheeler impacts aren’t simple concussions. We’re talking about cognitive impairment, personality changes, loss of executive function, and the inability to work. TBI victims often require 24/7 supervision and millions in lifetime care.
Spinal Cord Injuries: $4.7 Million to $25.8 Million+
Paraplegia and quadriplegia require home modifications, wheelchairs, ongoing medical care, and loss of earning capacity. The intersection of US-24 and US-31 shouldn’t be where your ability to walk ends.
Amputations: $1.9 Million to $8.6 Million
Whether traumatic (severed at the scene) or surgical (removed due to crush injuries), amputations require prosthetics ($5,000-$50,000 per limb), rehabilitation, and lifetime medical adjustments.
Wrongful Death: $1.9 Million to $9.5 Million+
When a trucking company’s negligence kills your loved one on I-69 or US-24, Indiana law allows recovery for lost future income, loss of consortium, mental anguish, and funeral expenses. In cases of gross negligence—such as knowingly hiring a dangerous driver or falsifying log books—we pursue punitive damages to punish the wrongdoer.
As our client Glenda Walker said after we resolved her case: “They fought for me to get every dime I deserved.”
Indiana Law: What You Must Know About Your Miami County Case
Statute of Limitations: Indiana gives you two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the clock starts ticking at the date of death. Wait beyond two years, and you lose your right to sue forever—regardless of how severe your injuries.
Comparative Fault: Indiana uses modified comparative negligence with a 51% bar. This means you can recover damages if you are 50% or less at fault, but your award is reduced by your percentage of fault. If you’re found 51% or more at fault, you recover nothing. The trucking company will try to blame you—we fight back with ECM data and accident reconstruction.
Punitive Damages: Indiana allows punitive damages (also called exemplary damages) under Indiana Code § 34-51-3, but they are capped at the greater of three times compensatory damages or $50,000. We pursue these when trucking companies act with “malice, fraud, gross negligence, or oppressiveness”—such as knowingly keeping a dangerous driver on the road or destroying evidence.
Government Liability: If a Miami County road defect contributed to the crash, strict notice requirements apply under Indiana’s Tort Claims Act. You may have as little as 180 days to file a notice of claim against the county or state.
Why Evidence Disappears in 48 Hours
Trucking companies don’t play fair. Within hours of a crash on I-69, they dispatch rapid-response teams to the scene. Their goal? Protect their interests, not yours.
Black Box/ECM Data: The Event Data Recorder captures speed, braking, throttle position, and fault codes. It can be overwritten in 30 days or with as few as 5 ignition cycles. We send spoliation letters immediately to preserve this evidence.
ELD Data: Electronic logging devices prove Hours of Service violations. FMCSA only requires 6-month retention, but we demand immediate download.
Driver Qualification Files: These prove whether the driver was qualified to operate the truck. Companies “lose” these files when they know they hired an unqualified driver.
Dashcam Footage: Often deleted within 7-14 days unless we intervene.
Physical Evidence: The truck itself may be repaired, sold, or scrapped, destroying evidence of defective brakes or maintenance failures.
When you call 1-888-ATTY-911, we immediately send preservation letters to the trucking company, their insurer, and any third-party maintenance companies. We put them on notice that destroying evidence will result in sanctions, adverse inference instructions (the jury will be told to assume the destroyed evidence was favorable to you), or even default judgment.
Multi-Million Dollar Insurance Coverage—Accessing What You’re Owed
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding Indiana’s auto insurance minimums:
- $750,000 for general freight (non-hazardous)
- $1,000,000 for oil, equipment, or motor vehicles
- $5,000,000 for hazardous materials or passengers
Many Miami County trucking accidents involve grain haulers or agricultural transport—which often carry $1 million or more in coverage. But having coverage and getting them to pay are different things.
Insurance companies use algorithms like Colossus to minimize your pain and suffering. They look for gaps in medical treatment to claim you weren’t really hurt. They hire private investigators to surveil your social media, hoping to catch you lifting a bag of groceries they can use to claim you’re faking.
Our associate Lupe Peña used to work for these insurance companies. He knows their playbooks because he helped write them. Now he anticipates every tactic they use against Miami County injury victims. When they lowball you, we know they’re bluffing. When they claim your injuries are “pre-existing,” we know how to prove causation. When they drag their feet, we file suit and force discovery.
What to Do After a Miami County Truck Accident
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Call 911 immediately. Get police to the scene and request a crash report. Indiana law requires reporting accidents involving injury, death, or property damage over $1,000.
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Seek medical attention. Adrenaline masks pain. Traumatic brain injuries and internal bleeding may not show symptoms for hours. The trauma centers serving Miami County can identify these injuries before they become fatal.
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Document everything. Photograph all vehicles, damage, skid marks, road conditions, and your injuries. Get the truck’s DOT number (usually on the door), the driver’s CDL information, and witness contact details.
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Do NOT give recorded statements. Insurance adjusters will call you within 24 hours. They are trained to get you to say things that minimize your claim. As our client Chad Harris noted: “You are NOT just some client… You are FAMILY to them.” We handle the insurance companies so you can focus on healing.
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Call Attorney911 at 1-888-ATTY-911. We answer 24/7. We advance all costs. You pay nothing unless we win.
Video Resources from Attorney911
We’ve published hundreds of educational videos to help accident victims understand their rights. Learn more in our detailed guides:
- “The Victim’s Guide to 18-Wheeler Accident Injuries” — What makes truck accidents different from car crashes
- “Can I Sue for Being Hit by a Semi Truck?” — Immediate steps to protect your case
- “The Definitive Guide To Commercial Truck Accidents” — Understanding federal insurance requirements and MCS-90 endorsements
- “Truck Tire Blowouts and When You Need a Lawyer” — How maintenance failures create liability
Subscribe to the Attorney 911 Podcast for weekly legal insights on personal injury, trucking accidents, and protecting your rights.
Serving Miami County From Houston to Your Doorstep
Our main offices are in Houston, Austin, and Beaumont, Texas. But with federal court admissions and licensure in multiple states, we handle catastrophic 18-wheeler cases nationwide—including throughout Indiana and Miami County. When your case involves interstate commerce (which nearly all trucking cases do), federal jurisdiction applies, and our experience litigating against Fortune 500 companies like BP translates directly to your Miami County case.
We don’t just handle cases—we treat you like family. As Donald Wilcox, another satisfied client, said: “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.”
Frequently Asked Questions: Miami County 18-Wheeler Accidents
How long do I have to file a lawsuit after a Miami County trucking accident?
Indiana law gives you two years from the date of the accident. However, waiting is dangerous. Evidence disappears within days. Contact us immediately at 1-888-ATTY-911.
What if I was partially at fault for the accident?
Indiana uses modified comparative fault. If you are 50% or less at fault, you can recover, but your award is reduced by your fault percentage. If you’re 51% or more at fault, you recover nothing. We investigate thoroughly to minimize any assigned fault and prove the truck driver was responsible.
Can I sue the trucking company even if the driver was an independent contractor?
Often, yes. We examine the relationship under federal regulations. Many “independent contractors” are actually employees under the law, making the trucking company vicariously liable. Additionally, companies can be directly liable for negligent hiring or supervision.
What is a spoliation letter and why does it matter?
It’s a legal notice demanding preservation of evidence. Once sent, the trucking company cannot legally destroy ECM data, maintenance records, or driver files. We send these within 24 hours of being retained.
How much is my Miami County trucking accident case worth?
Values depend on injury severity, medical costs, lost wages, and available insurance. With federal minimums of $750,000 to $5 million, trucking cases often settle for significantly more than car accidents. We’ve recovered settlements ranging from hundreds of thousands to millions.
Do you handle cases where the victim was killed?
Yes. We handle wrongful death claims for families who lost loved ones in Miami County trucking accidents. Indiana allows recovery for lost income, loss of consortium, mental anguish, and funeral expenses.
Do you offer Spanish-language services?
Yes. Hablamos Español. Lupe Peña is fluent in Spanish and provides direct representation to Miami County’s Hispanic community without interpreters. Call 1-888-ATTY-911 to speak with him directly.
What if the trucking company is from out of state?
Under the Commerce Clause and federal motor carrier regulations, trucking companies consent to jurisdiction in Indiana when they operate here. We can sue them in Indiana federal or state court, and we have the federal court experience to handle interstate litigation.
Will my case go to trial?
Most settle, but we prepare every case as if it’s going to trial. Insurance companies offer better settlements when they know your attorney will actually take the case to a jury. Ralph Manginello has the trial experience to go the distance if necessary.
What does “contingency fee” mean?
You pay no upfront costs. We advance all investigation expenses. Our fee is a percentage of your recovery (typically 33.33% if settled before trial; 40% if litigation is necessary). If we don’t win, you don’t pay.
Your Fight Starts With One Call
The trucking company has teams of lawyers, accident reconstructionists, and insurance adjusters working to minimize what they pay you. You deserve someone working just as hard for your side.
Ralph Manginello has spent 25+ years holding trucking companies accountable. He’s gone toe-to-toe with the world’s largest corporations, including BP in the Texas City Refinery explosion litigation that involved billions in settlements. He’s currently litigating a $10 million lawsuit against a major university for hazing injuries, demonstrating the firm’s capability to handle complex, high-stakes litigation.
But more importantly, our clients say we treat them like family. As Ernest Cano put it: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
If you’ve been injured in an 18-wheeler accident anywhere in Miami County—whether it was on I-69 near Peru, US-24 near Macy, or the county roads connecting Denver to Amboy—don’t wait. Evidence is disappearing. The trucking company is building their defense. You need someone building yours.
Call 1-888-ATTY-911 (1-888-288-9911) now. Available 24/7. Free consultation. No fee unless we win.
Attorney911
The Manginello Law Firm
Houston | Austin | Beaumont
Serving Miami County, Indiana and Nationwide
Hablamos Español. Llame al 1-888-ATTY-911.
