If you’ve been hurt in an 18-wheeler accident in Nemaha County, you already know the devastation. One moment you’re driving on US-36 or heading through Seneca, and the next, an 80,000-pound commercial truck has changed your life forever. At Attorney911, we’ve spent over 25 years fighting for families across Kansas who’ve faced these catastrophic crashes. We know the difference between a simple fender-bender and a trucking accident that leaves you with traumatic brain injuries, spinal damage, or worse—and we know how to make the trucking companies pay.
Why 18-Wheeler Accidents in Nemaha County Are Different
When Ralph Manginello founded Attorney911 in 1998, he made trucking accidents a cornerstone of our practice because he understood one fundamental truth: these aren’t just “big car wrecks.” The physics alone make them catastrophic. Your sedan weighs about 4,000 pounds. A fully loaded tractor-trailer? Up to 80,000 pounds. That’s not a collision—it’s a demolition.
In Nemaha County, where US-75 cuts through agricultural heartland and county roads connect farms to grain elevators, we see unique risks. During harvest season, truck traffic triples as wheat and corn move from fields to market. Those rural stretches—beautiful as they are—create deadly conditions when truck drivers push beyond safe speeds or hauliers overload trailers to maximize profit.
Ralph Manginello has practiced personal injury law since 1998, with admission to federal court in the Southern District of Texas and dual licensure in Texas and New York. But more importantly, he’s recovered multi-million dollar settlements for victims just like you—$5 million for a traumatic brain injury victim struck by a falling load, $3.8 million for a client who lost a limb after a crash, and millions more in trucking wrongful death cases across the Midwest and beyond.
The Kansas Clock Is Running: Evidence Disappears Fast
Kansas law gives you just two years from your accident date to file a lawsuit. But waiting even two weeks can kill your case.
Here’s what the trucking companies don’t tell you: Within hours of a crash on K-63 or US-36, their rapid-response teams are already working. They’re downloading electronic data, coaching drivers, and repairing damage. That black box data—the ECM recorder that shows exactly how fast they were going and whether they hit the brakes? It can be overwritten in 30 days.
That’s why Attorney911 sends spoliation letters within 24 hours of being retained. We demand preservation of:
- Electronic Control Module (ECM) data showing speed, braking, and throttle position
- Electronic Logging Devices (ELD) proving hours-of-service violations
- Driver Qualification Files revealing if they were even qualified to drive
- Maintenance records showing deferred brake repairs
- Dashcam footage that often gets “accidentally” deleted
Our managing partner doesn’t sleep on these cases. 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.”
Kansas Law: Modified Comparative Fault at 50%
Critical for Nemaha County victims: Kansas follows a “modified comparative negligence” rule with a 50% bar. What does this mean for you?
If you’re found 49% or less at fault for the accident, you can recover damages reduced by your percentage of fault. But if you’re found 50% or more at fault—even 50.1%—you recover nothing. Zero. Not a dime.
This makes evidence preservation absolutely critical. When the trucking company claims you “pulled out in front of them” on US-75 or “failed to yield” at a rural intersection, we need objective data to prove them wrong. The ECM doesn’t lie. The ELD logs don’t forget. And our associate attorney Lupe Peña knows exactly how insurance companies try to shift blame—because he used to work for them.
That’s right. Before joining Attorney911, Lupe Peña spent years as an insurance defense attorney. He knows their playbook: the lowball offers, the surveillance tactics, the “independent” medical examiners they hire to claim your injuries are “pre-existing.” Now he uses that insider knowledge to fight FOR you. When he reviews your police report from the Nemaha County Sheriff’s Office or Kansas Highway Patrol, he sees the gaps the insurance company hopes you miss.
The 13 Most Common 18-Wheeler Accidents in Nemaha County
While every crash is unique, we see patterns in Sabetha, Wetmore, and along the rural routes connecting farms to markets. Here are the accident types we litigate most, ranked by how they apply to Nemaha County’s terrain:
1. Rollover Accidents (Agricultural Corridor Risk)
On county roads with soft shoulders or steep drainage ditches, trucks carrying grain or livestock can tip with devastating force. A tanker full of liquid taking a curve too fast on a rural highway shifts its center of gravity. We’ve seen rollovers where the trailer crushed occupied vehicles beneath it.
FMCSA Violations: 49 CFR § 393.100-136 (cargo securement failures), 49 CFR § 392.6 (excessive speed for conditions).
Liable Parties: Driver, trucking company, cargo loader (if uneven distribution), maintenance company (if suspension failed).
2. Jackknife Accidents
When a truck driver brakes suddenly on icy patches during a Kansas winter—or hits black ice on US-36—the trailer swings perpendicular to the cab. The resulting “V” shape sweeps across both lanes, taking out everything in its path.
FMCSA Violations: 49 CFR § 393.48 (brake system malfunction), 49 CFR § 393.100 (improper cargo securement).
Who’s At Fault: Often the driver for following too closely, but sometimes the company for failing to train drivers on winter conditions specific to northeast Kansas.
3. Rear-End Collisions
A fully loaded truck needs nearly two football fields to stop from 65 mph. On US-75, when traffic slows unexpectedly near Sabetha or Seneca, distracted or fatigued drivers slam into stopped vehicles.
FMCSA Violations: 49 CFR § 392.11 (following too closely), 49 CFR § 392.3 (operating while fatigued), 49 CFR § 392.82 (mobile phone use).
Evidence We Gather: ECM data showing following distance, ELD data proving if the driver exceeded 11 hours of drive time, cell phone records to prove distraction.
4. Cargo Spill/Shift Accidents
During harvest season in Nemaha County, we’ve seen overloaded grain trucks lose their loads on sharp turns. When 40,000 pounds of corn shifts suddenly, the trailer becomes unmanageable. Loose cargo on the roadway creates secondary collisions.
FMCSA Violations: 49 CFR § 393.100-136 (cargo securement standards).
Critical Evidence: Bills of lading showing who loaded the cargo, weight tickets from the grain elevator, maintenance records for tiedown equipment.
5. Underride Collisions (Rear and Side)
When a passenger vehicle hits the back or side of a trailer and slides underneath, the results are often decapitation or catastrophic brain injury. While rear underride guards are federally required since 1998, side guards are not—and many trucks lack them.
Who’s Liable: The trucking company for inadequate guards, the manufacturer for defective guards, or the driver for stopping suddenly without adequate warning.
6. Wide Turn Accidents (“Squeeze Play”)
In small towns like Bern or Kelly, 18-wheelers making right turns swing wide left first, creating a gap that motorists enter. When the truck completes its turn, it crushes the vehicle in the “squeeze play.”
Why It Happens: Driver inexperience, failure to signal, or insufficient mirror checks.
7. Tire Blowout Accidents
Kansas heat in summer and severe winter weather cause tire degradation. When a steer tire blows on a tanker carrying chemicals or a flatbed hauling equipment, the driver loses control instantly.
FMCSA Requirements: 49 CFR § 393.75 (minimum tread depth: 4/32″ on steer tires), 49 CFR § 396.13 (pre-trip inspection).
8. Brake Failure Accidents
Brake problems contribute to 29% of large truck crashes. In Nemaha County’s agricultural sectors, trucks often haul heavy equipment or overloaded grain trailers, exceeding brake capacity.
FMCSA Violations: 49 CFR § 393.40-55 (brake system requirements), 49 CFR § 396.3 (systematic maintenance).
Evidence: Post-trip inspection reports showing drivers noted brake issues that the company ignored.
9. Head-On Collisions
When fatigued drivers drift across the centerline on rural US-77 or overcorrect and cross into oncoming traffic, the closing speed of two vehicles makes these almost always fatal.
FMCSA Violations: 49 CFR § 395 (hours of service violations), 49 CFR § 392.3 (fatigued driving).
10. Blind Spot Accidents (“No-Zone”)
18-wheelers have massive blind spots—20 feet in front, 30 feet behind, and along both sides. When drivers change lanes without checking mirrors on US-36, they sideswipe vehicles or force them off the road.
11. Runaway Truck Accidents
On the gentle but long grades approaching the Missouri River basin, brake fade can occur. If drivers don’t use proper braking techniques or if brakes are poorly maintained, trucks become unstoppable.
12. T-Bone Accidents at Rural Intersections
Without traffic lights at many county intersections, trucks fail to yield or stop at stop signs, striking the side of passenger vehicles.
13. Overloaded/Overweight Accidents
During wheat harvest, pressure to deliver grain leads to overloaded trailers exceeding 80,000 lbs. This excessive weight affects braking, handling, and tire integrity.
Evidence: Weigh station records, shipping manifests, and grain elevator receipts.
Every Potentially Liable Party in Your Nemaha County Case
Most law firms sue the driver and maybe the trucking company. We dig deeper. In rural Kansas trucking accidents, multiple parties often share blame:
The Truck Driver
Direct negligence: speeding, distracted driving, fatigue, impairment, failure to inspect.
The Trucking Company (Motor Carrier)
Vicarious liability under respondeat superior—the company answers for its employee’s negligence. Plus direct negligence:
- Negligent hiring: Did they check if the driver had a valid CDL? Any history of DUIs? FMCSA requires Driver Qualification Files under 49 CFR § 391.51.
- Negligent training: Did they train this driver on Kansas winter conditions, cargo securement, and hours-of-service regulations?
- Negligent supervision: Did they monitor ELD logs to catch hour violations?
- Negligent maintenance: Did they skip brake inspections to keep the truck earning?
The Cargo Owner/Shipper
The grain elevator or farm that loaded the truck may have demanded overweight loading or provided improper securement instructions.
The Loading Company
Third-party loaders who physically placed cargo on the trailer may have failed to distribute weight properly or secure the load under 49 CFR § 393.100.
Truck/Parts Manufacturers
Defective brakes, tires, or steering components can cause crashes even with a careful driver. We investigate recalls and failure patterns.
Maintenance Companies
Third-party mechanics who serviced the truck may have negligently repaired brakes or certified unsafe vehicles.
Freight Brokers
Brokers who arranged the shipment may be liable for negligent selection—choosing a carrier with poor safety scores or inadequate insurance.
The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the owner may be liable for negligent entrustment or maintenance failures.
Government Entities
If poor road design, inadequate signage, or lack of maintenance on Nemaha County roads contributed to the crash, we may have claims against government entities—though sovereign immunity and strict notice requirements apply in Kansas.
Evidence That Wins Cases in Kansas
We don’t just rely on the police report from the Nemaha County Sheriff’s Department. We obtain:
Electronic Data:
- ECM/Black Box: Speed, braking, throttle, cruise control, fault codes
- ELD Logs: 30 days of driving history showing hours-of-service violations
- GPS/Telematics: Route history, stops, speed by location
- Dashcam footage: Often shows the driver was texting, eating, or asleep
Driver Records:
- Complete Driver Qualification File (CDL status, medical certifications, drug test results)
- Previous employer checks (did past employers report safety concerns?
- Cell phone records: Proves distraction
Company Records:
- Maintenance logs: Did they ignore the July inspection showing brake wear?
- Dispatch records: Did they pressure the driver to violate hours-of-service to meet a delivery deadline?
- Safety scores: What was their CSA (Compliance, Safety, Accountability) rating?
Physical Evidence:
- The truck itself (before repair)
- Failed components for expert analysis
- Cargo manifest and weight tickets
What Kansas Law Says About Your Recovery
Statute of Limitations
Two years from the accident date. Miss this deadline, and you lose your right to sue forever—no matter how badly you were hurt or how clearly the trucker was at fault.
Damage Caps
Good news for Kansas victims: Unlike some states, Kansas does not cap non-economic damages (pain and suffering) for trucking accidents in most cases. However, Kansas does have a $500,000 cap on non-economic damages in some personal injury cases, but this doesn’t apply to the full range of trucking accident compensations the way it might in medical malpractice. Importantly, there is no cap on economic damages (medical bills, lost wages, future care).
Punitive Damages: In Kansas, punitive damages are limited to the lesser of:
- Five times the amount of actual damages awarded; or
- $5 million
However, these are only available if we prove the trucking company acted with willful or wanton conduct, fraud, or malice—such as knowingly hiring a driver with a history of DUIs or falsifying maintenance records.
The Injuries We See—and the Settlements They Command
We’ve helped Nemaha County families recover from:
Traumatic Brain Injuries (TBI): Settlement ranges from $1.5 million to $9.8 million+. Symptoms include memory loss, personality changes, chronic headaches, and cognitive deficits requiring lifelong care.
Spinal Cord Injuries: $4.7 million to $25.8 million+. Paraplegia and quadriplegia require home modifications, wheelchairs, and 24/7 attendant care.
Amputations: $1.9 million to $8.6 million. Includes prosthetics ($50,000+ per limb), rehabilitation, and psychological counseling.
Severe Burns: From fuel fires or chemical spills. Costs include skin grafts, reconstructive surgery, and pain management.
Wrongful Death: $1.9 million to $9.5 million+. Compensation for lost income, lost companionship, funeral expenses, and mental anguish.
As our client Glenda Walker said: “They fought for me to get every dime I deserved.” That’s not just a slogan—it’s our mission.
The Attorney911 Difference for Nemaha County
Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas, and licensed in both Texas and New York. For interstate trucking cases crossing state lines, this matters.
Former Insurance Defense on Your Side
Lupe Peña worked inside a national defense firm. He knows the “Colossus” software they use to lowball claims. He knows the “independent” medical examiners they hire to claim you’re not hurt. He knows when they’re bluffing and when they’ll pay. That insider knowledge is your advantage.
We Take Cases Other Firms Reject
Greg Garcia told us: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” We don’t run from complexity. We run toward it.
Spanish-Speaking Representation
Hablamos Español. Lupe Peña provides fluent Spanish representation without interpreters. For Nemaha County’s Hispanic agricultural workers injured in trucking accidents, this removes barriers and builds trust.
No Fee Unless We Win
Contingency fee basis: 33.33% pre-trial, 40% if trial is necessary. You pay nothing upfront. We advance all costs.
What To Do If You’re Hit by a Truck in Nemaha County
Immediate steps:
- Call 911. Get the Kansas Highway Patrol or Nemaha County Sheriff’s Department to the scene.
- Seek medical attention—even if you “feel fine.” Adrenaline masks serious injuries.
- Photograph everything: the truck’s DOT number, license plates, cargo, skid marks, road conditions, your injuries.
- Do NOT give recorded statements to the trucking company’s insurance.
- Contact Attorney911 immediately at 1-888-ATTY-911 (1-888-288-9911).
The trucking company already has lawyers. They already have investigators. They’re building their defense while you’re in the hospital.
Frequently Asked Questions for Nemaha County Victims
How much is my case worth?
It depends on injury severity, medical costs, lost wages, and available insurance. Trucking companies carry $750,000 to $5 million in coverage—far more than car accidents.
What if I was partially at fault?
Under Kansas law, as long as you’re 49% or less at fault, you can recover. But your damages are reduced by your percentage of fault. At 50% or more, you recover nothing. This makes proving the trucker’s fault critical.
How long will my case take?
Simple cases: 6-12 months. Complex litigation with multiple defendants: 1-3 years. We prepare every case for trial to maximize settlement leverage.
Will my case go to trial?
95% settle before trial. But the 5% that go to trial often result in “nuclear verdicts”—the $462 million Missouri underride case, the $160 million Alabama rollover. Insurance companies settle to avoid these risks.
Can I afford an attorney?
Yes. We work on contingency. No recovery, no fee. You never pay out of pocket.
The Time to Act Is Now
Black box data. ELD logs. Witness memories. All fading. All disappearing.
If an 18-wheeler hurt you or someone you love in Nemaha County—whether on US-36, US-75, or a rural county road—you don’t have time to wait and see what the insurance company offers. You need a team that knows federal trucking regulations, Kansas negligence law, and how to preserve the evidence that proves your case.
Ralph Manginello has spent over 25 years making trucking companies pay. Lupe Peña knows their secrets. And our 4.9-star rating from 251+ reviews—including Chad Harris’s testimony that “you are NOT just some client… You are FAMILY to them”—shows how we treat every victim.
Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911). Hablamos Español. Free consultation. No fee unless we win.
We’re not just handling a case. We’re fighting for your future. We’re fighting to make sure the trucking companies that cut corners— overloaded trailers, exhausted drivers, deferred maintenance—don’t get away with it.
Your recovery starts with one call. Make it today: 1-888-ATTY-911.
