18-Wheeler & Trucking Accident Attorneys in Mills County, Iowa
When 80,000 Pounds Changes Everything in an Instant
One moment, you’re driving along US-34 through Mills County, heading toward the Missouri River valley. The next, an 18-wheeler hauling corn from the harvest crosses the centerline. Or maybe you’re stopped at a light in Glenwood when a fully loaded livestock truck can’t brake in time on the icy descent from the Loess Hills.
If you’re reading this, you’ve likely experienced the terrifying reality of a trucking accident in Mills County, Iowa. We don’t need to tell you that these crashes aren’t like regular car accidents. When a commercial truck weighing up to 80,000 pounds collides with a 4,000-pound passenger vehicle, the physics alone guarantee catastrophic outcomes. The truck is twenty times heavier than your car. It needs forty percent more distance to stop. And when that collision happens on the rural highways crossing Mills County’s agricultural landscape, the results often change lives forever.
Ralph Manginello has spent over 25 years fighting for accident victims across the United States, including right here in Iowa. Since 1998, he’s helped families recover from trucking companies, holding them accountable when their drivers violate federal safety regulations or when companies cut corners on maintenance. Our firm includes Lupe Peña, an associate attorney who spent years working for national insurance defense firms before joining Attorney911. He knows exactly how trucking insurers evaluate claims, minimize payouts, and deny legitimate injuries because he used to be the one doing it. Now he fights against them.
If you’ve been hurt in an 18-wheeler accident anywhere in Mills County—from the Interstate 29 corridor to the winding roads of the Loess Hills—you need an attorney who understands federal trucking law, Iowa’s specific negligence rules, and the unique hazards of agricultural trucking. Call 1-888-ATTY-911 today. We answer 24/7, and we work on contingency—you pay nothing unless we win.
Why 18-Wheeler Accidents in Mills County Are Different
The Brutal Physics of Agricultural Trucking
Mills County sits at the heart of Iowa’s agricultural economy. From the corn fields outside Emerson to the livestock operations near Pacific Junction, commercial trucks move millions of bushels of grain and thousands of head of cattle through our roads annually. These aren’t just big cars—they’re 80,000-pound missiles when something goes wrong.
When a fully loaded grain truck traveling at 65 miles per hour strikes a passenger vehicle, the force is approximately 80 times greater than a typical car-on-car collision. That’s not a typo. An 80,000-pound truck carries roughly 3.2 million joules of kinetic energy at highway speed, compared to roughly 40,000 joules for a sedan. This massive force explains why trucking accidents in Mills County so often result in traumatic brain injuries, spinal cord damage, and fatalities.
The stopping distances also create deadly scenarios on Mills County’s rural highways. A loaded tractor-trailer needs approximately 525 feet to stop from 65 mph—nearly two football fields. On US-275 or Iowa Highway 370, where grain trucks descend from the Loess Hills toward the river valley, that stopping distance becomes impossible to achieve when a deer crosses the road or traffic backs up unexpectedly.
Federal Regulations Govern Every Truck on Mills County Roads
Unlike regular car accidents governed primarily by Iowa state traffic laws, 18-wheeler accidents involve extensive federal oversight through the Federal Motor Carrier Safety Administration (FMCSA). Every commercial vehicle operating in Mills County—even those just passing through on the way to Omaha or Kansas City—must comply with regulations codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 390 through 399.
These regulations cover:
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Hours of Service (49 CFR Part 395): Drivers can operate only 11 hours after 10 consecutive hours off-duty. They cannot drive beyond the 14th hour of coming on duty. Given Mills County’s position in the supply chain between Omaha and Des Moines, violations of these “hours of service” rules are common, particularly during fall harvest when drivers push to get grain to market.
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Driver Qualification (49 CFR Part 391): Trucking companies must verify that drivers hold valid Commercial Driver’s Licenses (CDL), pass medical examinations, and have clean driving records. Yet we’ve seen cases where Mills County carriers hired drivers with suspended licenses or failed to check prior accident histories.
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Vehicle Maintenance (49 CFR Part 396): Trucks must undergo systematic inspection and maintenance. Brake systems must be inspected before every trip. In Iowa’s harsh winters, when salt and ice corrode brake lines, these requirements become critical. Brake failures cause approximately 29% of large truck crashes nationally.
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Cargo Securement (49 CFR Part 393): Agricultural commodities must be secured against movement. When a corn truck takes the curves on US-34 too fast near Tabor and the load shifts, rollovers happen. Federal law requires cargo securement systems withstand 0.8g deceleration forces—that’s critical physics when you’re hauling 45,000 pounds of soybeans.
When trucking companies violate these regulations—and they often do—the violations constitute negligence per se in Iowa courts. That means the violation itself proves negligence, shifting the burden to the trucking company to prove they weren’t at fault.
Types of 18-Wheeler Accidents Common in Mills County
Jackknife Accidents on I-29 and US-34
Jackknife accidents occur when the trailer skids outward from the cab, folding like a pocket knife. These are particularly dangerous on the rural highways crossing Mills County, especially during winter months when black ice forms on US-275 and the bridges over the Tarkio River.
Common causes in our area include:
- Sudden braking on icy surfaces: A driver approaching the stoplight in Glenwood hits the brakes on black ice, the trailer swings wide into oncoming traffic.
- Empty or lightly loaded trailers: During winter, grain trucks often run empty to elevators, making them more prone to jackknifing on wind-swept stretches of Mills County Parkway.
- Improper brake maintenance: The 49 CFR § 393.48 brake system requirements are frequently violated when carriers defer winter maintenance.
These accidents often result in multi-vehicle pileups given the high speeds on Iowa’s rural interstates. When a trailer blocks both lanes of US-34 near Malvern, innocent drivers have nowhere to go.
Rollover Accidents in the Loess Hills
Mills County’s unique topography—the steep, winding roads of the Loess Hills—creates perfect conditions for rollover accidents. When a grain truck takes the curves on US-275 or Old Lincoln Highway too fast, or when a livestock hauler overcorrects on the descent toward the Missouri River, rollovers happen with devastating frequency.
Why rollovers are so common here:
- Top-heavy loads: Liquid manure tankers and grain trailers have high centers of gravity that become unstable on grades.
- Speeding on curves: Drivers unfamiliar with Mills County’s terrain often enter curves too fast, violating 49 CFR § 392.6 which prohibits operating at speeds unsafe for conditions.
- Cargo shift: When corn or beans settle unevenly during transport through the hills, the center of gravity shifts suddenly.
Rollovers frequently lead to secondary crashes when spilled cargo covers the roadway. Corn spills on US-34 have caused multiple fatalities when motorcycles and passenger vehicles hit the grain and lost control.
Rear-End Collisions on Rural Highways
Iowa’s farming economy means trucks frequently stop on highways to turn into fields or elevators. When an 18-wheeler following too closely can’t stop in time—which happens constantly given the 525-foot stopping distance—rear-end collisions occur.
These are especially common:
- On US-34 during harvest season when combines cross the highway
- Near grain elevators in Emerson and Hastings where trucks queue to unload
- During foggy mornings along the Missouri River valley when visibility drops below the length of a football field
The injuries in these crashes are catastrophic. The truck’s bumper often strikes at windshield level, causing traumatic brain injuries or decapitation in underride scenarios.
Underride Collisions—The Silent Killer
Underride accidents occur when a smaller vehicle slides underneath the trailer. These are among the deadliest crashes on Iowa’s roads, often decapitating occupants or severing spinal cords.
Mills County’s mix of high-speed rural highways and slow-moving farm equipment creates underride risks when:
- A truck makes a slow turn into a field entrance on US-275 and a car strikes the side
- A stopped trailer lacks proper rear impact guards (violating 49 CFR § 393.86)
- Reflective tape is missing or worn, making the trailer invisible at night on unlit county roads
Despite federal requirements for rear impact guards installed after January 26, 1998, many trailers on Iowa roads lack side underride guards entirely—leaving a deadly gap between wheels where passenger compartments slide through.
Wide Turn Accidents at Rural Intersections
“Squeeze play” accidents occur when 18-wheelers swing wide to make right turns, trapping vehicles between the truck and the curb. This happens frequently at the intersections of US-34 and county roads near Tabor, where grain trucks turn into elevators.
These accidents typically involve:
- Failure to properly signal turns (violating Iowa Code 321.314)
- Inadequate mirror checks (violating 49 CFR § 393.80)
- Driver inexperience with trailer tracking through tight rural intersections
Tire Blowouts on Heat-Scorched Asphalt
While Mills County doesn’t reach Arizona temperatures, summer heat combined with overloaded agricultural trailers creates tire blowout conditions. When a tire explodes on a fully loaded grain truck traveling 65 mph on I-29, the driver often loses control, causing the truck to veer into adjacent lanes or rollover.
Federal regulations require minimum tread depths of 4/32″ on steer tires and 2/32″ on drive tires (49 CFR § 393.75). However, during harvest crunch time, carriers often run tires bald to avoid downtime, creating deadly road hazards.
Brake Failure on the Descent to the Missouri River
The steep grades from the Loess Hills down to the Missouri River create brake fade conditions. When drivers ride their brakes down long descents instead of using proper gear reduction, brakes overheat and fail. This is particularly dangerous on the approach to the Bellevue bridge or on US-275 south of Glenwood.
FMCSA regulations require:
- Pre-trip brake inspections (49 CFR § 396.13)
- Proper adjustment of air brake pushrods (49 CFR § 393.40-55)
- Working automatic slack adjusters
When carriers skip these inspections to keep trucks rolling during harvest, brake failures happen. And on a 7% grade with a river at the bottom, there’s no room for error.
Who Can Be Held Liable in a Mills County Trucking Accident?
One critical difference between truck accidents and car crashes is the number of potentially liable parties. In a typical Mills County car accident, you might sue one driver. In an 18-wheeler crash, we often pursue claims against ten or more entities, each carrying separate insurance policies.
The Truck Driver
The driver who caused the accident may be personally liable for:
- Distracted driving: Cell phone use violates 49 CFR § 392.80 (texting) and § 392.82 (handheld devices)
- Fatigued driving: Operating beyond 11 hours or while ill (49 CFR § 392.3)
- Impaired driving: Alcohol violations (49 CFR § 392.5) or drug use (49 CFR § 392.4)
- Speeding: Operating too fast for weather conditions on icy Mills County roads
We subpoena the driver’s cell phone records, ELD (Electronic Logging Device) data, and drug test results to prove violations.
The Trucking Company (Motor Carrier)
Under Iowa’s vicarious liability laws, employers are responsible for employees’ negligent acts within the scope of employment. But we also pursue direct negligence claims against Mills County trucking companies for:
- Negligent hiring: Failing to verify CDL status or check driving records. Iowa requires employers to obtain three years of prior employment history (49 CFR § 391.23).
- Negligent training: inadequate instruction on winter driving in Iowa’s climate or proper securement of agricultural loads.
- Negligent supervision: Failing to monitor Hours of Service violations via ELD data.
- Negligent maintenance: Skipping mandatory brake inspections during busy harvest seasons.
The Cargo Owner and Loading Company
In Mills County’s agricultural economy, separate entities often load the trucks. When a grain elevator overloads a trailer or fails to distribute weight properly, causing a rollover, they share liability. Federal cargo securement regulations (49 CFR § 393.100-136) require:
- Aggregate working load limits equal to 50% of cargo weight
- Proper blocking and bracing for agricultural commodities
- Daily re-inspection of tiedowns
Violations of these rules by Mills County grain cooperatives create direct liability.
Truck and Parts Manufacturers
When a defective brake system, tire, or steering component causes an accident, we pursue product liability claims against manufacturers. This requires preserving the failed components for expert analysis—a critical reason to contact us immediately at 1-888-ATTY-911 before evidence is destroyed.
Freight Brokers
Third-party logistics companies that arrange transportation but don’t own the trucks may be liable for negligent carrier selection. If a broker hired a carrier with a poor safety record (visible on FMCSA’s SAFER system) to haul loads through Mills County, they share responsibility.
Government Entities
In limited circumstances, Iowa counties or the state may be liable for dangerous road conditions—such as inadequate signage on steep grades or failure to clear ice from bridges on US-34. These claims require immediate notice under Iowa’s tort claims procedures, so time is critical.
Iowa Laws That Affect Your Mills County Trucking Case
Statute of Limitations: Two Years to File
Iowa Code § 614.1 gives you just two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims (Iowa Code § 633.336), the clock starts on the date of death, not the accident. Miss this deadline, and you lose your right to recover forever—regardless of how severe your injuries or how clear the trucking company’s fault.
This short timeline makes immediate investigation crucial. As client Angel Walle told us: “They solved in a couple of months what others did nothing about in two years.” We move fast because we know the clock is ticking.
Modified Comparative Negligence: The 51% Rule
Iowa follows a “modified comparative fault” system under Iowa Code § 668.3. This means:
- You can recover damages if you are 50% or less at fault
- Your recovery is reduced by your percentage of fault
- If you are 51% or more at fault, you recover nothing
Trucking companies and their insurers often try to shift blame to the victim—claiming you were speeding, following too closely, or failed to avoid the collision. That’s why we gather ECM data, ELD logs, and witness statements immediately to prove the truck driver was 100% responsible.
As Ernest Cano, one of our clients, put it: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.” We fight these blame-shifting tactics with data.
Damage Caps in Iowa
Unlike some states, Iowa does not cap economic damages (medical bills, lost wages) or non-economic damages (pain and suffering) in trucking accident cases involving private defendants. However, if a government entity is involved, Iowa Code § 669.4 caps damages at $250,000 per person and $500,000 per occurrence.
Punitive damages are available under Iowa Code § 668A.1 when trucking companies act with willful and wanton disregard for safety—such as knowingly keeping dangerous drivers on the road or falsifying logbooks to hide Hours of Service violations.
The Critical Evidence That Disappears in 48 Hours
Trucking companies don’t play fair. Within hours of an accident in Mills County, they’re sending rapid-response teams—lawyers, investigators, and insurance adjusters—to the scene. Their goal? Control the narrative and destroy unfavorable evidence.
You have just 48 hours to preserve critical evidence:
ECM/Black Box Data
The truck’s Electronic Control Module (ECM) records:
- Speed before and during the crash
- Brake application timing and pressure
- Throttle position
- Cruise control status
- Gear selection
This data can be overwritten in 30 days or with subsequent ignition cycles. We send spoliation letters immediately to prevent deletion.
ELD (Electronic Logging Device) Records
Since December 2017, federal law requires ELDs to track Hours of Service. These devices prove whether the driver:
- Exceeded the 11-hour driving limit
- Violated the 14-hour duty window
- Took required 30-minute breaks
ELD data is stored for only 6 months under FMCSA regulations—then it can be legally destroyed unless we intervene.
Driver Qualification Files
Under 49 CFR § 391.51, trucking companies must maintain files containing:
- Employment applications
- Three-year driving record checks
- Medical examiner certificates
- Drug and alcohol test results
- Training documentation
These files prove negligent hiring—if the company hired a driver with a history of DUIs or license suspensions. Companies must retain these for 3 years after employment ends, but they often “lose” them once litigation is threatened.
Maintenance Records
Brake inspection reports, repair invoices, and mechanic logs show whether the company skipped maintenance to save money during busy seasons. Under 49 CFR § 396.3, these must be retained for 12 months, but we preserve them immediately.
Dashcam and Surveillance Footage
Many trucks now carry forward-facing and cab-facing cameras. This footage often shows the driver texting, falling asleep, or violating traffic laws. However, most systems overwrite data within 7 to 14 days.
What To Do Immediately After a Mills County Truck Accident
If you’re able to take action after the crash—or if a family member can act on your behalf—follow these steps:
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Call 911 immediately. Mills County Sheriff’s Office or local police must document the scene. Request a police report from whatever agency responds—this creates an official record of the trucking company’s fault.
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Seek medical attention immediately. Even if you feel “fine,” adrenaline masks traumatic brain injuries and internal bleeding. St. Luke’s Hospital in Council Bluffs or Methodist Jennie Edmundson Hospital can provide trauma care and document your injuries.
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Photograph everything. Use your cell phone to capture:
- Damage to all vehicles (interior and exterior)
- The truck’s DOT number and company name
- Cargo spills or debris
- Tire marks and road conditions
- Weather conditions (ice, snow, fog)
- Your physical injuries
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Gather witness contact information. Independent witnesses are crucial in Iowa’s comparative negligence system. Get names, phone numbers, and email addresses before witnesses leave the scene.
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Do not speak with the trucking company’s insurance adjuster. They will request a recorded statement and try to get you to admit fault or minimize your injuries. Refer them to your attorney.
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Call Attorney911 immediately at 1-888-ATTY-911. We will:
- Send spoliation letters within 24 hours to preserve black box data
- Deploy investigators to photograph the scene before evidence is cleaned up
- Obtain the truck driver’s Hours of Service records
- Interview witnesses while memories are fresh
Catastrophic Injuries Common in Mills County Truck Accidents
The injuries sustained in 18-wheeler collisions are rarely minor. We regularly represent Mills County residents suffering from:
Traumatic Brain Injuries (TBI)
The force of a truck impact often causes the brain to strike the inside of the skull, resulting in:
- Concussions and post-concussion syndrome
- Hematomas and hemorrhages
- Diffuse axonal injury
- Cognitive impairment and personality changes
Our firm has recovered $1.5 million to $9.8 million for TBI victims. These cases require neurologists, neuropsychologists, and life-care planners to document future medical needs—costs that can exceed $3 million over a lifetime.
Spinal Cord Injuries and Paralysis
Cord damage from truck accidents can result in:
- Paraplegia (loss of lower body function)
- Quadriplegia (loss of all four limbs)
- Incomplete spinal cord injuries with chronic pain
Spinal cord cases often command $4.7 million to $25.8 million in settlements, considering lifetime wheelchairs, home modifications, and lost earning capacity.
Amputations
Crush injuries from truck wheels or entrapment in mangled vehicles sometimes require surgical amputation. These cases involve:
- Prosthetic limbs ($50,000+ per device, replaced every 3-5 years)
- Phantom limb pain management
- Vocational retraining
- Home accessibility modifications
We’ve secured $1.9 million to $8.6 million for amputation victims.
Wrongful Death
When a trucking accident kills a loved one, Iowa law allows the estate and surviving family to recover:
- Lost future income and benefits
- Loss of consortium (companionship, guidance, emotional support)
- Mental anguish
- Funeral expenses
- Medical costs incurred before death
Our firm has recovered $1.9 million to $9.5 million for wrongful death claims, providing financial security for families who lost breadwinners in preventable trucking crashes.
Insurance Coverage in Mills County Trucking Cases
Federal law requires commercial trucks to carry substantial liability insurance:
- $750,000 minimum for non-hazardous freight
- $1,000,000 for oil, large equipment, and agricultural commodities hauled in tankers
- $5,000,000 for hazardous materials
However, securing these funds requires knowing how to navigate complex trucking insurance policies. Unlike auto insurance, commercial policies often have:
- ** MCS-90 endorsements** ensuring minimum coverage even if the policy excludes certain drivers
- Trailer interchange agreements spreading coverage across multiple carriers
- Umbrella policies providing excess coverage up to $10 million or more
Lupe Peña’s background as a former insurance defense attorney gives us insider knowledge of how these policies work and where adjusters hide coverage. We have successfully pursued claims against major national carriers and local Mills County operations alike.
Frequently Asked Questions About Mills County 18-Wheeler Accidents
How long do I have to file a lawsuit after a truck accident in Mills County?
You have two years from the date of the accident under Iowa law. For wrongful death, the clock starts on the date of death. However, waiting even a few weeks can destroy critical evidence like black box data and witness memories. Call 1-888-ATTY-911 immediately.
Can I still recover damages if I was partially at fault for the accident?
Yes, as long as you were 50% or less at fault. Iowa’s modified comparative negligence rule reduces your recovery by your percentage of fault, but bars recovery entirely if you’re 51% or more responsible. Even if you were speeding or failed to signal, you may still have a substantial claim if the truck driver was primarily responsible.
Who can be sued besides the truck driver?
Potentially liable parties include the trucking company (for negligent hiring or supervision), the cargo loader (for improper securement), the maintenance company (for brake failures), the truck manufacturer (for defective parts), and freight brokers (for negligent carrier selection). We investigate all avenues to maximize your recovery.
What is a spoliation letter and why is it important?
A spoliation letter is a legal notice sent to the trucking company demanding preservation of all evidence, including ECM data, ELD logs, maintenance records, and driver files. Once sent, the trucking company cannot legally destroy these materials without facing severe court sanctions. We send these letters within 24 hours of being retained.
How much is my trucking accident case worth?
Case values depend on injury severity, medical costs, lost wages, and available insurance. Given that commercial trucks carry $750,000 to $5 million in coverage, catastrophic injury cases often settle for six or seven figures. During your free consultation, we evaluate your specific damages and provide an honest assessment.
Will my case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to court. Insurance companies know which lawyers are willing to try cases—and they pay those lawyers more to avoid the risk. With Ralph Manginello’s 25+ years of trial experience and federal court admission, we can take your case to verdict if necessary.
Do you handle cases in Mills County if your offices are in Texas?
Absolutely. We handle 18-wheeler accident cases nationwide. While our physical offices are in Houston, Austin, and Beaumont, we regularly represent clients across Iowa and the Midwest. We travel to Mills County for depositions, court appearances, and client meetings. Additionally, Lupe Peña is a third-generation Texan familiar with agricultural trucking issues that affect Midwest farming communities.
Hablamos Español?
Sí. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. If you or a loved one in Mills County’s Hispanic community needs assistance following a trucking accident, llame al 1-888-ATTY-911 para una consulta gratuita.
Why Choose Attorney911 for Your Mills County Trucking Accident
When you hire Attorney911, you’re not getting a mill firm that treats you like a case number. As Chad Harris, one of our clients, said: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Our advantages:
- 25+ years of experience fighting trucking companies since 1998
- Former insurance defense attorney on staff (Lupe Peña) who knows their playbook
- Multi-million dollar results including $5+ million for a traumatic brain injury victim and $3.8+ million for a client who suffered amputation
- Federal court experience in the Southern District of Texas and admission to practice in Iowa
- 24/7 availability at 1-888-ATTY-911
- Contingency fee representation—you pay nothing unless we win
- Three office locations with resources to handle complex litigation against national carriers
We’re currently litigating a $10 million lawsuit against a major university for hazing injuries, demonstrating our capacity to handle complex, high-stakes litigation. From our work on the BP Texas City explosion (where 15 workers were killed and we fought against one of the world’s largest corporations) to individual trucking accidents in rural Iowa, we bring the same level of dedication and resources to every case.
Glenda Walker put it best: “They fought for me to get every dime I deserved.” That’s our promise to every Mills County family we represent.
Call Now—Evidence Is Disappearing Today
The trucking company involved in your Mills County accident already has lawyers working to minimize their exposure. Their insurance adjuster has already opened a file. Their rapid-response team may have already visited the scene.
What are you doing to protect your rights?
Every day you wait, black box data gets closer to being overwritten. Witnesses forget what they saw. Weather conditions that contributed to the crash change. And the trucking company grows more confident that they’ll get away with paying you less than you deserve.
Call 1-888-ATTY-911 (1-888-288-9911) right now. We answer 24/7, including weekends and holidays. The consultation is free. You pay nothing unless we win. And we have the experience, resources, and inside knowledge to make trucking companies pay for the devastation they’ve caused in Mills County.
Don’t let them win. Your family deserves justice. Call 1-888-ATTY-911 today.