18-Wheeler Accident Attorneys in Clark County: When 80,000 Pounds Changes Everything
The impact was catastrophic. One moment you’re driving through Clark County—maybe on US-56 heading toward Ashland, or westbound on I-70 toward the Colorado border. The next, an 80,000-pound semi-truck is jackknifing across your path, or barreling into your lane on a gusty Kansas afternoon. In those few seconds, your life changes forever.
We know because we’ve seen it happen. Ralph Manginello has spent over 25 years fighting for trucking accident victims across Kansas, and our firm has recovered millions for families just like yours. When a truck driver or company cuts corners in Clark County, we hold them accountable. And we don’t stop until you get every dime you deserve.
If you’ve been hurt in an 18-wheeler accident anywhere in Clark County—from the rural stretches of US-160 to the county roads near Kingsdown—call us immediately at 1-888-ATTY-911. Evidence disappears fast in trucking cases. Black box data can be overwritten in 30 days. The trucking company already has lawyers working to minimize your claim. You need someone fighting just as hard for you.
The Brutal Physics of Clark County Truck Accidents
Let’s be blunt: your sedan weighs about 4,000 pounds. A fully loaded 18-wheeler weighs 80,000 pounds. That’s not a fair fight. When these behemoths collide with passenger vehicles on Clark County’s highways, the results are devastating.
The numbers tell the story:
- A truck traveling at 65 mph needs roughly 525 feet to stop—nearly two football fields
- An 80,000-pound truck carries approximately 20 times the kinetic energy of your car
- Every 16 minutes, someone in America is injured in a commercial truck crash
In Clark County, where I-70 cuts straight across the wheat belt and US-56 connects rural communities, you’re sharing the road with trucks hauling everything from grain to wind turbine parts. The flat, straight stretches might seem safer, but they’re actually where driver fatigue kills. Long hauls across Kansas lead to distracted, tired, and overworked drivers—and when they make a mistake, you’re the one who pays the price.
As client Chad Harris told us after we handled his trucking case: “You are NOT just some client… You are FAMILY to them.” That’s how we treat every Clark County family who comes through our doors.
Kansas Law: What Clark County Victims Must Know
The Clock Is Ticking: Kansas’s Two-Year Limit
In Kansas—including every courthouse serving Clark County from Ashland to the district courts—you have two years from the date of your accident to file a personal injury lawsuit. Wait even one day longer, and you lose your right to sue forever. No exceptions. No extensions.
That’s why waiting isn’t an option. While you’re recovering from surgery or trying to figure out how to pay medical bills, the trucking company is already building their defense. We send spoliation letters within 24 hours of taking a Clark County case to preserve critical evidence before it disappears.
Comparative Negligence: The 50% Rule
Kansas follows a modified comparative negligence system with a 50% bar rule. Here’s what that means if your case goes to trial in Clark County:
- If you’re found less than 50% at fault, you recover damages minus your percentage of fault
- If you’re found 50% or more at fault, you recover nothing
Trucking companies love to blame victims. They’ll claim you were speeding, distracted, or didn’t react properly. Our job is to prove what really happened—using black box data, ELD logs, and FMCSA violations that expose the truth.
Damage Caps: What You Can Recover
Unlike some states, Kansas does cap non-economic damages (pain and suffering) at roughly $335,000 to $350,000 depending on the year, though these caps adjust periodically. However, there’s no cap on economic damages like medical bills and lost wages. And if the trucking company acted with gross negligence—like falsifying logbooks to hide HOS violations—we pursue punitive damages that can exceed these caps.
When Federal Regulations Protect Clark County Families
Every 18-wheeler on Clark County roads must follow Federal Motor Carrier Safety Administration (FMCSA) regulations under Title 49 of the Code of Federal Regulations. When trucking companies break these rules, they admit liability. We know these regulations cold—and we use them to prove negligence.
Part 391: Driver Qualification Requirements
Under 49 CFR § 391, commercial drivers must meet strict qualifications:
- Be at least 21 years old (interstate commerce)
- Speak English sufficiently to read road signs
- Possess a valid Commercial Driver’s License (CDL)
- Pass a medical exam every two years (annually for some conditions)
- Complete entry-level driver training
Trucking companies must maintain Driver Qualification (DQ) Files containing employment history, driving records, and medical certifications. When a Clark County crash happens, we subpoena these files immediately. Missing DQ files prove negligent hiring—a direct path to holding the company liable.
Part 392: Operating Rules That Save Lives
49 CFR § 392 prohibits:
- Fatigued driving (§ 392.3): “No driver shall operate a commercial motor vehicle… while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue… as to make it unsafe”
- Drugs and alcohol (§ 392.4): Operating under the influence of any Schedule I substance or medication that impairs driving
- Speeding (§ 392.6): Scheduling runs that require exceeding legal speed limits
- Following too closely (§ 392.11): Maintaining unsafe distances between vehicles
In Clark County’s infamous high winds—where gusts routinely exceed 40 mph on I-70—trucks that follow too closely create deadly pileups when blown off course.
Part 393: Vehicle Safety and Cargo Securement
Under 49 CFR § 393, trucking companies must ensure:
- Brakes meet federal standards (§ 393.48)—critical on the gentle slopes approaching Ashland
- Cargo is secured with adequate tiedowns (§ 393.100-136)
- Tires have minimum tread depth (4/32″ on steer tires, 2/32″ elsewhere per § 393.75)
- Lighting devices function properly (§ 393.11)
We’ve seen cargo spills on US-160 where improperly secured grain loads shifted, causing rollovers that block traffic for hours and kill innocent drivers.
Part 395: Hours of Service—The Fatigue Rules
This is where most Clark County trucking accidents begin. Under 49 CFR § 395, property-carrying drivers face strict limits:
- 11-hour driving limit: Cannot drive more than 11 hours after 10 consecutive hours off duty
- 14-hour duty window: Cannot drive past the 14th consecutive hour after coming on duty
- 30-minute break: Mandatory after 8 cumulative hours of driving
- 60/70-hour rule: Cannot drive after 60 hours in 7 days or 70 hours in 8 days
Violations are common on I-70, where drivers push through Kansas to make Denver or Kansas City delivery windows. We download ELD (Electronic Logging Device) data to prove when drivers violated these rules—and we find violations in over 40% of the trucking cases we handle in Clark County.
Part 396: Inspection and Maintenance
49 CFR § 396 requires:
- Systematic inspection, repair, and maintenance (§ 396.3)
- Pre-trip inspections by drivers (§ 396.13)
- Post-trip reports documenting defects (§ 396.11)
- Annual vehicle inspections (§ 396.17)
When trucks skip maintenance to save money—which happens when thin margins pressure Kansas carriers—brakes fail, tires blow, and people die on Clark County highways.
Types of 18-Wheeler Accidents in Clark County
Jackknife Accidents: When Trailers Swing Wild
A jackknife occurs when the truck cab and trailer skid at opposing angles, forming a “V” that sweeps across lanes. On I-70’s straight stretches, drivers often speed, believing the flat Kansas terrain is safe. But when they hit a patch of black ice or brake suddenly, 53 feet of trailer becomes an uncontrolled weapon.
Jackknifes account for roughly 10% of trucking deaths nationally, and in Clark County’s wide-open spaces, they often involve multiple vehicles before the truck comes to rest. We analyze ECM data to prove the driver was traveling too fast for conditions—a direct violation of 49 CFR § 392.6.
Rollover Accidents: Toppling Towers of Steel
Kansas leads the nation in wind-related truck accidents. When a grain hauler or tanker takes a curve too fast near Clark County’s rural intersections—or encounters crosswinds on US-56—a high center of gravity combined with shifting cargo causes rollovers. Approximately 50% of rollovers result from failure to adjust speed on curves.
We investigate cargo loading records. Was the load properly balanced? Did the driver account for Kansas’s notorious winds? Under 49 CFR § 393.100, cargo must be secured to prevent shifting that affects vehicle stability. When companies ignore this, we make them pay.
Underride Collisions: The Most Fatal Crashes
Underride accidents occur when a smaller vehicle slides under the trailer, often shearing off the roof and killing occupants instantly. Rear underride guards are required under 49 CFR § 393.86, but side underride guards aren’t federally mandated—though they should be.
These accidents happen at rural Clark County intersections where trucks make wide right turns, or when trucks stop suddenly on US-160 without adequate lighting. The trucking industry has known about underride dangers for decades. When they choose not to install side guards to save money, we argue that’s gross negligence warranting punitive damages.
Rear-End Collisions: The Stop Distance Reality
A truck needs 525 feet to stop at 65 mph—40% more distance than your car requires. On I-70, where traffic slows unexpectedly near construction zones or agricultural equipment crossings, fatigued or distracted truckers slam into stopped vehicles.
These accidents often cause traumatic brain injuries and spinal cord damage. We subpoena cell phone records and ELD data to prove the driver was distracted or exceeding hours-of-service limits, violating 49 CFR § 392.3 and § 392.82 (prohibiting handheld mobile device use).
Wide Turn Accidents: The “Squeeze Play”
Trucks swing left before turning right, creating a gap that passenger vehicles enter. When the truck completes its turn, it crushes the car against the curb or drags it underneath. These accidents occur daily in Clark County’s smaller towns where trucks navigate tight corners in Ashland or Kingsdown.
Drivers must signal their intention and check blind spots. Failure to do so violates basic safety rules and 49 CFR § 392.11 regarding unsafe lane changes.
Tire Blowouts: Road Hazards on Kansas Highways
The combination of summer heat (regularly exceeding 100°F), high speeds on I-70, and Kansas’s notorious potholes after winter freezes causes tire failures. A steer tire blowout at 70 mph sends an 18-wheeler careening into oncoming traffic.
Under 49 CFR § 393.75, tires must meet tread depth requirements. We examine maintenance records to prove the trucking company knew tires were bald but kept the truck operating to save money.
Brake Failure: The Maintenance Shortcut
Brake problems contribute to roughly 29% of large truck crashes. Companies skip brake adjustments to keep trucks rolling. In Clark County’s agricultural regions, trucks hauling heavy grain loads overheat brakes on the gentle descents.
49 CFR § 396.3 requires systematic maintenance. When we find deferred repairs in the maintenance logs—or worse, when drivers ignore defects noted in pre-trip inspections—we prove the company prioritized profit over your safety.
Cargo Spills and Hazmat Incidents
Kansas is the breadbasket of America, and Clark County trucks haul wheat, grain, and agricultural chemicals. When cargo shifts or spills—especially hazardous materials—the results include multi-vehicle pileups, chemical exposure, and fires.
Cargo securement violations under 49 CFR § 393.100-136 provide strict liability. Companies must secure cargo to withstand 0.8g deceleration forward, 0.5g rearward, and 0.5g laterally. When they fail, the consequences are catastrophic.
Head-On and T-Bone Collisions
Fatigue causes lane departures on I-70’s monotonous straightaways. A truck drifts across the centerline, or runs a red light at a rural intersection. These accidents typically occur late at night when drivers violate the 11-hour driving limit or suffer from sleep apnea—conditions trucking companies know about but ignore.
Ten Parties Who May Owe You Money
Most firms only sue the driver. We investigate every potentially liable party to maximize your recovery:
1. The Truck Driver
Direct negligence: speeding, fatigue, distraction, impairment, or violating FMCSA regulations.
2. The Trucking Company (Motor Carrier)
Vicarious liability under respondeat superior, plus direct negligence for:
- Negligent hiring: Failing to check the driver’s record
- Negligent training: Inadequate safety instruction
- Negligent supervision: Ignoring ELD violations
- Negligent maintenance: Skipping brake inspections
3. Cargo Owner/Shipper
When agricultural producers overload trucks or demand impossible delivery schedules that force HOS violations.
4. Loading Company
Independently liable for improper cargo distribution under 49 CFR § 393.
5. Truck/Trailer Manufacturer
Defective brakes, fuel tank placement causing fires, or stability control failures.
6. Parts Manufacturer
Defective brake components, tires, or steering mechanisms that fail catastrophically.
7. Maintenance Company
Third-party mechanics who negligently repaired brakes or certified unsafe vehicles as roadworthy.
8. Freight Broker
Negligent selection: hiring carriers with poor safety records or inadequate insurance to haul through Kansas.
9. Truck Owner
In owner-operator arrangements, the owner may be liable for negligent entrustment.
10. Government Entities
When Kansas DOT or Clark County fails to maintain roads, install adequate signage, or properly mark construction zones on US-56 or I-70.
Every liable party carries separate insurance. More defendants mean more coverage pools—and that’s how we maximize your recovery.
The 48-Hour Evidence Crisis
Critical timeline: The trucking company sends its rapid-response team to the scene while you’re still in the hospital in Dodge City or Wichita. They collect evidence to protect their interests—not yours.
We send spoliation letters within 24 hours demanding preservation of:
- ECM/Black Box Data: Speed, braking, throttle position overwrites in 30 days
- ELD Logs: Hours of service violations (preserved for only 6 months under FMCSA rules)
- Driver Qualification Files: Employment history, medical certifications, drug tests
- Maintenance Records: Brake inspections, tire logs, repair orders
- Dashcam Footage: Often deleted within 7 days
- Cell Phone Records: Proving distraction
- Dispatch Communications: Evidence of schedule pressure
Once we notify the trucking company that litigation is anticipated, destroying evidence becomes “spoliation”—subject to court sanctions, adverse jury instructions, and punitive damages.
Don’t wait. Call 1-888-ATTY-911 now.
Catastrophic Injuries and Your Future
Trucking accidents don’t cause “fender benders.” They cause life-changing trauma:
Traumatic Brain Injury (TBI)
Concussions, cognitive impairment, personality changes. Lifetime care costs exceed $3 million for severe cases. We’ve recovered $5+ million for TBI victims.
Spinal Cord Injuries and Paralysis
Paraplegia and quadriplegia requiring wheelchairs, home modifications, and 24/7 care. Lifetime costs range from $1.1 million to $5+ million.
Amputations
Traumatic limb loss requiring multiple surgeries, prosthetics ($50,000+ each), and rehabilitation. Our firm has secured $1.9 to $8.6 million for amputation cases.
Severe Burns
From fuel fires and hazmat spills. Third and fourth-degree burns require skin grafting, infection management, and reconstructive surgery.
Wrongful Death
When a loved one is killed on a Clark County highway, surviving family members can recover for lost income, loss of companionship, mental anguish, and funeral expenses. We’ve recovered $1.9 to $9.5 million for wrongful death trucking cases.
As Glenda Walker said after we resolved her husband’s case: “They fought for me to get every dime I deserved.”
Insurance Coverage: The Real Numbers
Federal law mandates minimum liability coverage far exceeding regular auto policies:
| Cargo Type | Minimum Coverage |
|---|---|
| General freight | $750,000 |
| Oil/Petroleum | $1,000,000 |
| Hazardous materials | $5,000,000 |
Most major carriers carry $1-5 million in coverage. But accessing these funds requires proving FMCSA violations, multiple liable parties, and catastrophic damages. The insurance adjuster’s job is to pay you as little as possible. Our associate attorney Lupe Peña used to work for insurance companies—he knows their playbook, and now he uses that insider knowledge to fight for you.
We don’t accept lowball offers. We prepare every Clark County case as if it’s going to trial, which forces insurers to offer fair settlements. When they don’t, we take them to court.
Clark County Truck Accident FAQs
How long do I have to file a lawsuit in Clark County, Kansas?
Two years from the accident date. But evidence disappears much faster. Call immediately.
What if the trucking company says I was partially at fault?
Under Kansas law, you can recover if you’re less than 50% at fault. Don’t let them bully you. We prove what really happened using objective data, not their driver’s excuses.
Who pays my medical bills while the case is pending?
Your health insurance or medical payments coverage initially. We negotiate with providers to reduce bills once we settle. In catastrophic cases, we help arrange treatment under a Letter of Protection so you get care now and pay when we win.
Can I sue if my family member was killed in a Clark County trucking accident?
Yes. Kansas allows wrongful death claims by spouses, children, and parents. The statute of limitations is two years from the date of death.
What if the truck driver was an independent contractor, not an employee?
We still sue both the driver and the trucking company. Under federal regulations and Kansas law, the company often retains liability for negligent hiring and supervision, and may be vicariously liable depending on the relationship.
Do I really need a lawyer, or can I handle this myself?
The trucking company has lawyers. Their insurance company has adjusters trained to minimize your claim. Without an attorney, you’ll likely accept a fraction of what your case is worth. 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.”
Hablamos Español?
Sí. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Llame al 1-888-ATTY-911 para una consulta gratis.
Our Promise to Clark County Families
Ralph Manginello has been fighting for injury victims since 1998. We’ve gone toe-to-toe with Fortune 500 companies like BP in the Texas City explosion litigation. We’re currently litigating a $10 million lawsuit against a major university for institutional negligence. We have offices in Houston, Austin, and Beaumont, and we serve trucking accident victims across Kansas and beyond—including every family in Clark County who needs us.
We work on contingency. You pay nothing unless we win. We advance all costs. You focus on healing; we focus on justice.
Call 1-888-ATTY-911 now. The consultation is free. The advice is priceless. And your family deserves an attorney who treats you like family—not a case number.
Attorney911. Because trucking companies shouldn’t get away with it.
1-888-ATTY-911 | (888) 288-9911 | Available 24/7 for Clark County trucking accidents
