When an 80,000-pound tractor-trailer jackknifes on black ice along I-80 in Pottawattamie County, you don’t get a second chance to brace for impact. One moment you’re commuting to Council Bluffs or heading home to Bellevue; the next, you’re facing catastrophic injuries, mounting medical bills, and a trucking company that’s already deploying its rapid-response team to protect their interests—not yours.
At Attorney911, we’ve spent over 25 years standing between Pottawattamie County families and the trucking companies that try to minimize their suffering. Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998, securing multi-million dollar settlements while holding Fortune 500 corporations accountable. We know the I-80 corridor, the agricultural trucking routes that crisscross Pottawattamie County, and exactly how to preserve the evidence that trucking companies hope you’ll never see.
Call 1-888-ATTY-911 immediately if you’ve been hurt in an 18-wheeler accident anywhere in Pottawattamie County. Black box data can be overwritten in 30 days, and the clock is already ticking on Iowa’s two-year statute of limitations.
Why Pottawattamie County Trucking Accidents Demand Specialized Legal Experience
Pottawattamie County sits at one of the most critical freight crossroads in the Midwest. With Interstate 80 carrying transcontinental freight straight through Council Bluffs, and I-29 serving as a primary NAFTA corridor connecting to Canada, our county sees thousands of heavy trucks daily. Add in the agricultural reality—harvest season bringing hundreds of grain haulers and livestock trucks to county roads—and you’ve got a recipe for devastating collisions.
But here’s the thing: trucking accidents aren’t just bigger car wrecks. They’re complex federal cases governed by the Federal Motor Carrier Safety Administration (FMCSA) regulations found in 49 CFR Parts 390-399. Violations of these rules—like driving beyond the 11-hour limit or skipping pre-trip inspections—prove negligence. And in Pottawattamie County, where winter ice storms can turn I-80 into a skating rink, proving that a trucker violated federal safety standards often means the difference between a denied claim and a multi-million dollar recovery.
Ralph Manginello has been litigating these exact cases for over two decades. He’s admitted to the U.S. District Court and has gone toe-to-toe with the largest carriers in the industry. When a logging accident in Texas left a worker with traumatic brain injury and vision loss, Ralph secured a settlement exceeding $5 million. In a car accident case complicated by staph infections that led to partial leg amputation, he recovered $3.8 million. These aren’t just numbers—they’re lifelines for families who thought they’d lost everything.
And here’s your advantage: our associate attorney, Lupe Peña, spent years working for national insurance defense firms. He knows exactly how adjusters are trained to minimize your claim, deny liability, and pressure you into accepting lowball settlements. Now he uses that insider knowledge against them. As he told ABC13 Houston during our $10 million hazing lawsuit coverage, “If this prevents harm to another person, that’s what we’re hoping to do… Enough is enough.” That same tenacity applies to every Pottawattamie County trucking case we handle.
Hablamos Español. For our Spanish-speaking neighbors in Pottawattamie County, Lupe Peña provides direct representation without interpreters. Llame al 1-888-ATTY-911.
The Iowa Legal Framework: What Pottawattamie County Victims Must Know
Iowa’s 2-Year Statute of Limitations
In Iowa, you have exactly two years from the date of your 18-wheeler accident to file a personal injury lawsuit. For wrongful death claims, the clock starts ticking on the date of death, not the accident. Miss this deadline, and you lose your right to recover—no matter how severe your injuries or how clear the trucking company’s fault.
This isn’t the time to wait and see if you’ll heal. 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 evidence disappears faster.
Modified Comparative Negligence: The 51% Bar
Iowa follows a modified comparative fault rule with a 51% bar. This means if you’re found 50% or less at fault for the accident, you can still recover damages—but your award is reduced by your percentage of fault. However, if you’re found even 51% responsible, you recover nothing.
Trucking companies and their insurers love to exploit this rule. They’ll claim you were speeding, following too closely, or failed to adjust for weather conditions. We fight these allegations with hard evidence—ELD data, ECM recordings, and witness testimony—to ensure you keep every dollar you deserve.
Damage Caps in Iowa
Unlike some states, Iowa does not cap non-economic damages (pain and suffering) in standard personal injury cases, including trucking accidents. However, punitive damages are limited to the greater of either twice the amount of economic damages awarded, plus up to $750,000 in non-economic damages, or $200,000. We pursue punitive damages aggressively when trucking companies knowingly put dangerous drivers on the road or falsify safety records.
The FMCSA Regulations That Prove Negligence in Pottawattamie County Cases
Every commercial truck operating in Pottawattamie County must comply with federal regulations. When drivers or carriers break these rules, they create liability.
Hours of Service (49 CFR Part 395)
The most commonly violated—and most deadly—regulations involve driving time:
- 11-hour driving limit: Cannot drive more than 11 hours after 10 consecutive hours off-duty
- 14-hour duty window: Cannot drive beyond the 14th consecutive hour after coming on duty
- 30-minute break: Mandatory 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
In Pottawattamie County, where long-haul drivers traverse Iowa on I-80, fatigue is a killer. We subpoena Electronic Logging Device (ELD) data to prove violations.
Driver Qualification (49 CFR Part 391)
Before a driver can operate an 18-wheeler, the trucking company must verify:
- Valid Commercial Driver’s License (CDL)
- Medical examiner’s certificate (physical fitness)
- Clean driving record
- Adequate training records
Failure to maintain these Driver Qualification Files constitutes negligent hiring—a claim we pursue aggressively.
Vehicle Maintenance (49 CFR Part 396)
Trucking companies must systematically inspect and maintain their fleets. Drivers must complete pre-trip and post-trip inspections, documenting any defects. When brake failures or tire blowouts cause accidents in Pottawattamie County, we demand these inspection records. If the driver knew about a defect and drove anyway—or if the company deferred maintenance to save money—they’re liable.
Cargo Securement (49 CFR Part 393)
With Pottawattamie County’s agricultural economy, we see plenty of cargo-related accidents. Federal rules require:
- Proper tiedowns with specific working load limits
- Balanced weight distribution
- Securement specific to cargo type (grain, livestock, equipment)
Shifting cargo causes rollovers and jackknifes, particularly on the curves and grades of rural Pottawattamie County roads.
Common 18-Wheeler Accident Types in Pottawattamie County
Our geography and climate create specific risks. Here are the accidents we see most frequently in Council Bluffs, Bellevue, and along our county’s highways:
Jackknife Accidents
When a truck’s trailer swings perpendicular to the cab, it creates a deadly barrier across the roadway. We see these frequently on I-80 during winter weather when drivers brake improperly on ice, or during harvest season when empty trailers (which lack weight to stabilize the rig) are more prone to swing. These accidents often involve multiple vehicles and catastrophic injuries.
Evidence we gather includes ECM data showing brake application timing, maintenance records for brake systems, and weather conditions at the time of the crash.
Underride Collisions
Perhaps the most horrific truck accidents occur when a smaller vehicle slides under the trailer. Rear underride guards are required by 49 CFR § 393.86, but side underride guards are not—despite being equally deadly. On Pottawattamie County’s busy highways, particularly during dawn or dusk when visibility is low, these accidents can decapitate vehicle occupants.
We examine guard integrity, lighting compliance, and whether the truck made sudden stops without warning.
Rear-End Collisions
An 80,000-pound truck traveling at 65 mph needs nearly two football fields to stop. When distracted or fatigued drivers fail to notice slowed traffic on I-29 or US-6, the results are devastating. Under 49 CFR § 392.11, truckers must maintain reasonable following distances. Violations of this rule, combined with cell phone use (prohibited under § 392.82), prove negligence.
Rollover Accidents
Pottawattamie County’s position on the Missouri River means we have steep grades and curves, particularly on rural routes. Combine those with improperly secured grain loads or liquid cargo “slosh,” and you have a recipe for rollovers. These accidents often spill cargo across the roadway, creating secondary collisions.
We investigate cargo loading records, weight distribution, and whether the driver exceeded safe speeds for road conditions.
Tire Blowouts
Iowa’s temperature extremes—from summer heat to winter cold—beat hard on truck tires. When underinflated or worn tires blow out on I-80, drivers lose control, causing multi-vehicle pileups. Under 49 CFR § 393.75, tires must have minimum tread depths (4/32″ for steer tires). We demand maintenance records showing when tires were last inspected and replaced.
Brake Failures
Brake problems contribute to roughly 29% of large truck crashes. In Pottawattamie County, where trucks descend toward the Missouri River valley or navigate heavy traffic near the Omaha metro, brake fade from overheating or deferred maintenance kills. Federal law requires systematic maintenance (49 CFR § 396.3) and pre-trip inspections (49 CFR § 396.13). When companies skip these steps to save money, we make them pay.
Every Party Who Might Owe You Money
Most law firms only sue the driver and trucking company. We investigate every potentially liable party to maximize your recovery—because more defendants means more insurance coverage.
The Driver: Personally liable for negligence, distracted driving, fatigue, or impairment. We demand cell phone records, drug test results, and driving histories.
The Trucking Company: Vicariously liable under respondeat superior, and directly liable for negligent hiring, training, or maintenance. We examine their FMCSA safety scores (CSA data), accident history, and internal safety culture.
The Cargo Owner/Shipper: When agricultural cooperatives or manufacturers overload trucks or pressure drivers to violate hours-of-service rules to meet delivery deadlines, they share liability.
The Loading Company: Third-party warehouses or elevators that improperly secure grain, livestock, or equipment can be liable for cargo-shift accidents.
The Truck/Parts Manufacturer: Defective brakes, steering systems, or tires can trigger product liability claims against manufacturers like Brake Performance or tire companies.
The Maintenance Company: Third-party mechanics who negligently repair brakes or ignore critical safety issues can be held responsible for resulting accidents.
The Freight Broker: Companies like C.H. Robinson or Coyote Logistics that arrange shipping must exercise reasonable care in selecting safe carriers. If they knowingly hire a carrier with a terrible safety record to save money, they’re liable.
The Truck Owner: In owner-operator situations, the individual or company that owns the truck but leases it to a carrier may have separate liability.
Government Entities: If poor road design, inadequate signage, or failure to clear ice/snow contributed to the accident on Pottawattamie County roads, municipal or state liability may apply—though notice deadlines are short and sovereign immunity applies.
The 48-Hour Evidence Preservation Protocol
Trucking companies don’t wait to protect themselves. Within hours of an accident in Pottawattamie County, they’re dispatching their own investigators, downloading ECM data, and coaching drivers on what to say. You need to move just as fast.
Critical Timeline:
- ECM/Black Box Data: Can be overwritten in 30 days or with subsequent driving events
- ELD Logs: FMCSA only requires 6-month retention
- Dashcam Footage: Often deleted within 7-14 days
- Witness Memories: Fade significantly within weeks
When you call 1-888-ATTY-911, we immediately send a spoliation letter to the trucking company, their insurer, and all potentially liable parties. This legal notice requires them to preserve:
- All electronic data (ECM, ELD, GPS, dispatch communications)
- Driver Qualification Files
- Maintenance and inspection records
- The physical truck and trailer
- Drug and alcohol test results
Destroying evidence after receiving this letter can result in sanctions, adverse inference instructions to the jury (meaning the judge tells the jury to assume the destroyed evidence was unfavorable to the trucking company), or default judgment.
We also dispatch our own investigators to Pottawattamie County accident scenes to photograph vehicle damage, road conditions, and skid marks; interview witnesses before they forget details; and subpoena surveillance footage from nearby businesses before it’s deleted.
As client Chad Harris told us, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” That’s how we treat every Pottawattamie County case—urgently, personally, and aggressively.
Catastrophic Injuries: The Real Cost of Trucking Negligence
The physics are brutal. When an 80,000-pound truck hits a 4,000-pound passenger vehicle at highway speed, the occupants of the smaller vehicle suffer catastrophic injuries. We help victims recover from:
Traumatic Brain Injuries (TBI): From mild concussions to severe brain damage requiring lifelong care. Symptoms include memory loss, mood changes, headaches, and cognitive impairment. We’ve secured settlements ranging from $1.5 million to $9.8 million for TBI victims.
Spinal Cord Injuries: Including paraplegia and quadriplegia. These injuries require wheelchairs, home modifications, and round-the-clock care. Lifetime costs can exceed $5 million.
Amputations: Often traumatic (occurring at the scene) or surgical (required due to crush injuries or infection). Victims need prosthetics, rehabilitation, and career retraining. Our settlements in amputation cases range from $1.9 million to $8.6 million.
Severe Burns: From fuel fires or hazmat spills. These require multiple skin grafts, reconstructive surgery, and treatment for chronic pain and psychological trauma.
Wrongful Death: When trucking accidents claim lives, we fight for surviving families to recover lost income, loss of consortium, funeral expenses, and mental anguish. Our wrongful death settlements range from $1.9 million to $9.5 million.
As client Glenda Walker said, “They fought for me to get every dime I deserved.” That’s our promise to every Pottawattamie County family we represent.
Commercial Insurance: The $750,000 to $5 Million Reality
Unlike regular car accidents involving $30,000 minimum policies, federal law requires trucking companies to carry substantial liability coverage:
- $750,000 minimum for general freight
- $1,000,000 for oil, large equipment, and hazardous materials
- $5,000,000 for certain hazmat and passenger carriers
Many carriers carry $1-5 million or more in coverage. But accessing these funds requires proving your case against experienced defense attorneys and insurance adjusters trained to minimize payouts.
That’s where Lupe Peña’s insider knowledge becomes your weapon. He knows their playbook—the “Colossus” software they use to lowball pain and suffering, the tactics they use to delay claims hoping you’ll settle out of desperation, and the tricks they play with “independent” medical exams.
We document every economic loss (medical bills, lost wages, property damage, future care costs) and every non-economic harm (pain, suffering, loss of enjoyment, disfigurement). When trucking companies act with gross negligence—like knowingly hiring drivers with suspended licenses or falsifying inspection records—we pursue punitive damages to punish and deter.
Frequently Asked Questions: Pottawattamie County 18-Wheeler Accidents
How long do I have to file a lawsuit after a truck accident in Pottawattamie County?
Iowa law gives you two years from the accident date. Don’t wait—evidence disappears and witnesses move away. Call 1-888-ATTY-911 today.
What if I was partially at fault for the accident?
Under Iowa’s modified comparative negligence rule, you can recover if you were 50% or less at fault, though your award is reduced by your fault percentage. If you’re 51% or more at fault, you recover nothing. We fight to minimize any assigned fault.
Who can I sue besides the truck driver?
Potentially the trucking company, cargo owner, loading company, parts manufacturers, maintenance shops, freight brokers, and even government entities if road conditions contributed. We investigate all possibilities.
What is the black box in a truck?
The Electronic Control Module (ECM) or Event Data Recorder (EDR) records speed, braking, throttle position, and hours of service. This data proves whether the driver was speeding, fatigued, or failed to brake. It can be overwritten in 30 days—another reason to act fast.
How much is my case worth?
It depends on injury severity, medical costs, lost wages, pain and suffering, and available insurance. Trucking cases often settle for hundreds of thousands to millions. We provide free consultations to evaluate your specific situation.
Do I need an attorney if the trucking company already offered a settlement?
Absolutely. First offers are always lowball attempts to close your case cheaply before you understand the full extent of your injuries. Never accept without consulting an experienced trucking attorney.
What if the truck driver was from another state?
Interstate trucking cases involve federal jurisdiction. Ralph Manginello’s federal court admission and our firm’s experience with interstate carriers means we can pursue your case regardless of where the driver or company is headquartered.
Call Attorney911: Your Pottawattamie County Trucking Accident Advocates
When you’re facing the aftermath of an 18-wheeler accident in Council Bluffs, Bellevue, or anywhere in Pottawattamie County, you need more than a lawyer—you need a fighter.
Ralph Manginello has spent 25+ years making trucking companies pay for the devastation they cause. Our team includes a former insurance defense attorney who knows their tactics. We offer 24/7 availability because we know accidents don’t happen on business hours.
We work on contingency—you pay nothing unless we win. We advance all investigation costs. And we treat you like family, not a case number.
Don’t let the trucking company control the narrative. Don’t let evidence disappear. Don’t wait until it’s too late.
Call 1-888-ATTY-911 now for a free consultation.
888-ATTY-911
(888) 288-9911
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
We’re Attorney911, and we fight for Pottawattamie County families.
