The Physics of Devastation: Why 18-Wheeler Accidents in Polk County Are Fundamentally Different
One moment you’re driving along I-80 through Polk County, maybe heading past the Jordan Creek Town Center or commuting into Des Moines from Ankeny. The next moment, 80,000 pounds of steel and cargo changes everything. The impact isn’t just a car accident—it’s a catastrophe. And if you’re reading this in a Polk County hospital room or at your kitchen table recovering from a trucking accident, you already know what that weight feels like. It doesn’t just dent metal. It shatters lives.
At Attorney911, we’ve spent over twenty-five years standing between trucking companies and the families they devastate. Ralph Manginello, our managing partner, has been fighting for injury victims since 1998. He’s admitted to federal court in the Southern District of Texas, he’s gone toe-to-toe with Fortune 500 corporations like BP in the Texas City explosion litigation, and he’s recovered millions for families just like yours. But here’s what matters right now: you’re in Polk County, Iowa, and the clock is already ticking.
Iowa law gives you just two years from the date of your accident to file a claim. That sounds like plenty of time, but in the trucking industry, evidence disappears fast. Black box data can be overwritten in thirty days. Dashcam footage gets deleted. Skid marks wash away. And the trucking company that hit you? They already have lawyers working to minimize what they owe you. We need to move now.
Understanding the Iowa Advantage—and the Iowa Deadline
Polk County sits at the crossroads of America. I-35 runs north-south through the heart of the county, carrying freight from Minnesota to Texas. I-80 cuts east-west, connecting Chicago to San Francisco, making it one of the busiest trucking corridors in the nation. Then there’s I-235, the Des Moines beltway, where local delivery trucks mix with interstate traffic. This isn’t just geography—it’s risk. More trucks mean more accidents, and more accidents mean insurance companies are already prepared to fight.
Here’s what makes Iowa different from other states when it comes to your recovery. Iowa follows a “modified comparative negligence” rule with a 51% bar. What does that mean in plain English? If you’re found 50% or less at fault for the accident, you can still recover damages. But if you’re 51% or more at fault, you recover nothing. Not one dime. That’s why documenting the scene immediately matters so much. That’s why we send spoliation letters within twenty-four hours of being retained—to lock down evidence before the trucking company can spin the narrative that you were mostly to blame.
And unlike some states that cap your pain and suffering damages, Iowa doesn’t impose arbitrary limits on what you can recover for non-economic damages. Your pain matters. Your trauma matters. Your lost enjoyment of life matters. And if the trucking company acted with gross negligence—if they knowingly put a dangerous driver on the road or falsified maintenance records—you may be entitled to punitive damages that punish them for putting profits over safety.
The Federal Regulations That Protect You—and the Violations That Prove Your Case
Every 18-wheeler operating in Polk County must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. These aren’t optional guidelines. They’re federal law. And when trucking companies break these rules, they’re not just negligent—they’re reckless.
Under 49 CFR Part 390, these regulations apply to all commercial motor vehicles with a gross vehicle weight rating of 10,001 pounds or more. That includes virtually every big rig on I-35 and I-80.
49 CFR Part 391 governs driver qualifications. Before a trucking company lets someone behind the wheel of an 80,000-pound weapon, they must verify that the driver:
- Is at least 21 years old (for interstate commerce)
- Possesses a valid Commercial Driver’s License (CDL)
- Passes a medical examination every two years
- Has a clean driving record, or at least one that doesn’t show a pattern of dangerous behavior
- Has completed required entry-level driver training
We subpoena the Driver Qualification File for every trucking accident case we handle in Polk County. If the company hired a driver with a history of DUIs, or if they skipped the background check to get a warm body in the seat during harvest season, that’s negligent hiring. That’s on them. And our associate attorney Lupe Peña knows exactly how to find these violations—because he used to work for insurance companies defending these exact cases. Now he fights against them. He knows their playbook.
49 CFR Part 392 covers the actual driving. Did you know that under § 392.3, no driver can operate a commercial vehicle while their ability or alertness is impaired through fatigue, illness, or any other cause? When an 18-wheeler drifts across the center line near Saylorville Lake or rear-ends traffic slowed near the Iowa State Fairgrounds, fatigue is often the culprit. And fatigue isn’t an accident—it’s a choice the trucking company made when they set unrealistic delivery deadlines.
49 CFR Part 393 mandates vehicle safety standards. Brakes must work. Tires must have adequate tread. Cargo must be secured to withstand 0.8g deceleration forces—that’s the federal standard keeping loads from crushing you during a sudden stop. When we investigate Polk County trucking accidents, we look for brake system violations, worn steer tires, and cargo securement failures. These aren’t technicalities. They’re the difference between getting home safely and never walking again.
49 CFR Part 395 is where we find the smoking gun in most cases: Hours of Service violations. The rules are clear. A driver can be on duty for fourteen consecutive hours, but only eleven of those hours can be spent actually driving. After eight cumulative hours of driving, they must take a thirty-minute break. And they cannot drive after sixty hours on duty in seven days, or seventy hours in eight days, without taking thirty-four consecutive hours off.
Electronic Logging Devices (ELDs) have been mandatory since December 18, 2017. These devices track every minute a driver spends behind the wheel. But here’s the kicker: FMCSA only requires trucking companies to keep these records for six months. After that, they can legally delete them. That’s why our first call after you hire us isn’t to the insurance adjuster. It’s to send a preservation letter demanding they save every byte of data from that truck’s ELD, ECM, and dashcam. We’ve seen cases where the data showed a driver had been on the road for sixteen hours straight when he crashed into a family on I-80. Without that data, we’d never know the truth.
49 CFR Part 396 requires systematic inspection and maintenance. Every truck must undergo an annual inspection, and drivers must conduct pre-trip inspections every single day. When a tire blows out on a Polk County highway in February because the trucking company deferred maintenance to save money, that’s not an accident. That’s negligence. And we hold them accountable for it.
When an 80,000-Pound Truck Loses Control: Types of 18-Wheeler Accidents in Polk County
Polk County’s geography creates specific risks. We’re not just talking about generic “truck accidents.” We’re talking about specific failure modes that happen because of Iowa’s weather, Iowa’s roads, and Iowa’s industries.
Jackknife Accidents on I-80
When temperatures drop below freezing and that first snow hits the Des Moines metro, the section of I-80 between Altoona and Ankeny becomes a skating rink. Jackknifes happen when a truck driver brakes too hard on slick pavement, causing the trailer to swing perpendicular to the cab. The trailer then sweeps across multiple lanes, taking out everything in its path. These accidents often involve violations of 49 CFR § 392.6—speeding for conditions—and 49 CFR § 393.48—brake system deficiencies.
Rollover Accidents on Rural Routes
Polk County isn’t just Des Moines. It’s the rural roads carrying grain from farm to elevator. When a trucker takes a corner too fast on County Road R22 or navigates the curves near Saylorville Lake with an improperly secured liquid load, centrifugal force takes over. The cargo shifts, the center of gravity changes, and twenty tons of truck rolls onto its side. These crashes often involve 49 CFR § 393.100-136 violations—improper cargo securement. When a rollover happens, the truck’s weight crushes anything beneath it.
Underride Collisions at Intersections
Polby Drive and University Avenue. Hubbell Avenue and East 33rd Street. These intersections see heavy truck traffic, and when an 18-wheeler stops suddenly or makes an illegal turn, smaller vehicles slide underneath the trailer. The result is often decapitation or catastrophic head trauma. While 49 CFR § 393.86 requires underride guards on rear impacts, many trucks lack side underride protection. We investigate whether proper lighting, reflectors, and guards were in place and maintained.
Rear-End Collisions in Construction Zones
I-35 and I-80 are constantly under improvement. When a distracted or fatigued truck driver plows into stopped traffic near a construction zone, the physics are brutal. A fully loaded truck needs 525 feet—nearly two football fields—to stop from 65 mph. That’s 40% more distance than a passenger car needs. These cases often involve 49 CFR § 392.11 violations (following too closely) and 49 CFR § 392.82 violations (distracted driving).
Wide Turn Accidents (“Squeeze Play”)
Des Moines’s urban core has tight intersections. When an 18-wheeler swings left to make a right turn onto Grand Avenue or Locust Street, they create a gap that motorcyclists or cyclists might enter. Then the truck completes its turn, crushing the vehicle in the blind spot. These accidents involve 49 CFR § 392.11 unsafe lane changes and failure to properly signal under state traffic laws.
Tire Blowouts in Extreme Heat
Iowa summers get hot. Asphalt temperatures on I-235 can exceed 120 degrees. When a trucking company runs retreaded tires or fails to maintain proper inflation, blowouts happen. The driver loses control, or the “road gator” (shredded tire debris) strikes your windshield. These involve 49 CFR § 393.75 violations (tire requirements) and 49 CFR § 396.13 (pre-trip inspection failures).
Brake Failure on Hills
While Polk County is relatively flat compared to western Iowa, the approaches to river valleys and the hills near Clive and Johnston create opportunities for brake fade—when drums overheat and lose stopping power. This is maintenance negligence under 49 CFR § 396.3.
Cargo Spills on Agricultural Routes
During harvest season, Polk County roads see an influx of grain trucks. When a loader overfills a trailer or fails to secure a tarp, corn or soybeans spill across the roadway, causing chain-reaction accidents. This is a 49 CFR § 393.100 violation—failure to properly immobilize cargo.
Head-On Collisions from Fatigue
The long straight stretches of I-35 north of Des Moines are hypnotizing. When a driver violates 49 CFR § 395 (hours of service) and crosses the median, the results are almost always fatal. ELD data becomes critical evidence in these cases.
Everyone Who could Pay: The Web of Liability in Polk County Trucking Accidents
Most people think they can only sue the truck driver. That’s exactly what the trucking industry wants you to think. The truth is, multiple parties may owe you compensation, and that means multiple insurance policies.
The Driver may be personally liable for texting while driving, driving while fatigued, or operating under the influence. Under Iowa law, if the driver was an employee acting within the scope of their employment, the employer is also liable.
The Trucking Company carries the deepest pockets. Under the doctrine of respondeat superior, they answer for their driver’s negligence. But we also pursue them for direct negligence: negligent hiring (did they check the driver’s record?), negligent training (did they teach winter driving?), negligent supervision (did they monitor ELD compliance?), and negligent maintenance (did they defer brake repairs?). Our firm has recovered multi-million dollar settlements against major carriers because we don’t just accept the surface story—we dig into the company’s safety culture.
The Cargo Owner might be liable if they demanded the truck carry an overweight load of construction materials heading to a new development in West Des Moines, or if they pressured the driver to speed to meet a deadline.
The Loading Company—often a third-party warehouse in the Des Moines logistics corridor—may have improperly balanced a load, causing the rollover that shattered your spine.
The Truck or Parts Manufacturer faces liability when defective brakes, defective steering systems, or faulty tires cause accidents. We’ve litigated against manufacturers when components failed under normal use.
The Maintenance Company—sometimes a third-party shop rather than the carrier itself—might have returned a vehicle to service with known brake defects or improper tire mounting.
The Freight Broker who arranged the shipment may have hired the cheapest carrier with the worst safety record to save money. When they negligently select dangerous carriers, they share the blame.
The Truck Owner (if different from the operator) might have negligently entrusted their equipment to an unqualified driver.
Government Entities bear responsibility when poor road design contributes to accidents. If the Iowa Department of Transportation failed to clear ice properly on a bridge or signs were obscured, you may have a claim—but strict notice requirements apply, so contact us immediately.
The Evidence That Wins Cases—and Why It Disappears in 30 Days
Trucking companies don’t wait to build their defense. They have rapid-response teams that arrive at the scene before the ambulance leaves. They download data. They interview witnesses. They repair trucks. And if you don’t have someone doing the same for you, critical evidence vanishes.
ECM/Black Box Data records speed, braking, throttle position, and fault codes. It objectively proves whether the driver was speeding or failed to brake. Under federal guidelines, carriers can overwrite this data in as little as thirty days.
ELD Logs prove hours of service violations. But after six months, trucking companies can legally delete these records.
Driver Qualification Files contain hiring records, medical certifications, and drug test results. These prove whether the company cut corners on safety.
Maintenance Records show whether the truck was safe to operate. Under 49 CFR § 396.3, carriers must keep these for one year, but without a preservation letter, “routine” maintenance can destroy the evidence of deferred repairs.
Dashcam Footage often shows exactly what happened, but storage is limited, and footage gets recorded over quickly.
Cell Phone Records prove distracted driving. We subpoena these to show if the driver was texting or calling at the moment of impact.
When you call 1-888-ATTY-911, we act immediately. We send spoliation letters to the carrier, their insurer, and any third-party maintenance companies within twenty-four hours. We demand preservation of the truck itself, the trailer, and all electronic data. We deploy investigators to photograph the scene before it changes. We interview witnesses while memories are fresh. And we do this at no cost to you—we work on contingency. You pay nothing unless we win.
The Catastrophic Reality: Injuries That Change Lives Forever
We don’t handle fender-benders. We handle catastrophic injuries—the kind that require lifetime care and permanently alter your family’s trajectory.
Traumatic Brain Injuries from Polk County trucking accidents range from concussions to severe diffuse axonal injuries. Victims face cognitive impairment, personality changes, and inability to work. Our firm has recovered between $1.5 million and $9.8 million for TBI victims, depending on severity and long-term care needs.
Spinal Cord Injuries often result in paraplegia or quadriplegia. The lifetime cost of care for a quadriplegic can exceed $5 million. We recently handled cases resulting in settlements between $4.7 million and $25.8 million for spinal cord injuries.
Amputations—whether traumatic (severed at the scene) or surgical (required due to crushing damage)—require prosthetics, rehabilitation, and home modifications. Our amputation cases have settled for between $1.9 million and $8.6 million.
Wrongful Death claims in Iowa allow surviving spouses and children to recover lost income, lost companionship, and mental anguish. While no amount brings back a loved one killed on I-35, we’ve secured settlements between $1.9 million and $9.5 million to ensure families remain financially secure. In the most egregious cases—where trucking companies knowingly endangered the public—punitive damages may apply.
As client Glenda Walker told us, “They fought for me to get every dime I deserved.” That’s not just a slogan. It’s our mission.
Iowa Law Specifics: What You Must Know
Statute of Limitations: Two years from the date of accident for personal injury claims. Two years from the date of death for wrongful death. Miss this deadline, and you lose your rights forever, no matter how severe your injuries.
Comparative Fault: Iowa’s 51% bar rule means you can recover if you’re 50% or less at fault, but your award is reduced by your percentage of fault. If a jury finds you 20% at fault for stopping suddenly on I-80, and awards $100,000, you receive $80,000. But if you’re 51% at fault, you get nothing.
Damage Caps: Iowa does not cap economic damages (medical bills, lost wages) or non-economic damages (pain and suffering) in standard personal injury cases. Punitive damages are available but capped in certain contexts.
Federal Preemption: Because interstate trucking is regulated by federal law, cases involving out-of-state carriers often benefit from federal court jurisdiction. Ralph Manginello’s admission to the Southern District of Texas federal court, combined with his Texas and New York bar licenses, gives us unique flexibility in handling complex multi-jurisdictional cases.
Frequently Asked Questions from Polk County Truck Accident Victims
How much is my case worth?
Every case is unique. Factors include the severity of your injuries, the clarity of liability, the amount of insurance coverage available, and your long-term prognosis. With trucking companies carrying minimum policies of $750,000 and often $1-5 million, there’s substantial coverage available for catastrophic injuries.
Will I have to go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which attorneys are willing to go to court—and they offer better settlements to clients with trial-ready representation. Our firm has the resources to take your case all the way if that’s what justice requires.
What if I was partially at fault?
Under Iowa law, you can still recover as long as you weren’t more than 50% at fault. Don’t let the trucking company’s insurance adjuster convince you that you were mostly to blame before you’ve spoken to an attorney. We investigate independently.
Do you handle cases in Spanish?
Yes. Attorney Lupe Peña is fluent in Spanish and provides direct representation to Iowa’s Hispanic community without the need for interpreters. Hablamos Español. Llame al 1-888-ATTY-911.
How quickly can you start my case?
Immediately. The day you hire us, we begin evidence collection. We send preservation letters. We notify the trucking company that spoliation of evidence will result in severe sanctions. We don’t wait—and neither should you.
The Cost of Waiting: Why Tomorrow Is Too Late
Trucking companies are already ahead of you. They have investigators. They have lawyers. They have insurance adjusters trained to minimize your claim under the guise of “helping” you. Meanwhile, your medical bills are mounting. You’re missing work. You’re wondering how you’ll pay for the next surgery.
Don’t sign anything. Don’t give a recorded statement. Don’t accept a quick settlement that won’t cover your future medical needs. As client Donald Wilcox told us, “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.” We take cases other firms reject because we know how to win them.
Call Attorney911 today at 1-888-ATTY-911. That’s 1-888-288-9911. Or reach us locally if you’re in the Des Moines metro area. We answer 24/7 because trucking accidents don’t happen on business hours.
Your Next Step Is Simple—and Free
We offer free consultations. We work on contingency—our standard fee is 33.33% if the case settles before trial, 40% if we have to take it to court. You pay nothing upfront. We advance all investigation costs. You focus on healing; we’ll focus on fighting.
You didn’t ask for this fight. But now that you’re in it, you need someone who knows every regulation, every liable party, and every trick the insurance companies use. You need someone who treats you like family. As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Polk County families deserve better than what trucking companies offer—lowball settlements and vague promises. You deserve the maximum recovery Iowa law allows. You deserve an attorney who knows I-35 and I-80 like the back of their hand, who understands Des Moines traffic patterns, and who will be there for you from the first call to the final settlement.
Call 888-ATTY-911 today. Let’s get started.
Attorney911 | The Manginello Law Firm
Serving Polk County, Iowa
1-888-ATTY-911 (1-888-288-9911)
Hablamos Español | Consultas Gratis | No Fee Unless We Win
