When an 80,000-pound truck loses control on ice-packed US-2 outside East Grand Forks, there are no second chances. In Polk County, where winter storms sweep across the Red River Valley and agricultural trucks haul sugar beets and wheat through every season, catastrophic collisions happen without warning—and change everything in an instant.
If you or someone you love has been injured in an 18-wheeler accident anywhere in Polk County, you need attorneys who understand that this isn’t just a car crash with bigger vehicles. You need a team that knows the difference between a jackknife on a frozen Minnesota highway and a cargo shift on the harvest run. You need Attorney911.
Why Polk County Trucking Accident Victims Choose Attorney911
For more than 25 years, Ralph Manginello has fought for families devastated by commercial truck collisions. Since 1998, our managing partner has been admitted to practice in federal court, giving him the authority to handle complex interstate trucking cases that cross state lines—critical when your accident involves a carrier based in North Dakota, Canada, or anywhere along the I-29 corridor.
But experience alone isn’t what sets us apart. Our associate attorney, Lupe Peña, spent years working inside a national insurance defense firm before joining Attorney911. He knows exactly how commercial trucking insurers evaluate claims, train their adjusters to minimize payouts, and pressure victims into accepting settlements worth pennies on the dollar. Now he uses that insider knowledge to fight for you. As client Chad Harris told us after we handled his case: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
That family-first approach has earned us a 4.9-star rating across 251+ Google reviews. We’ve recovered over $50 million for families across our practice areas, including multi-million dollar settlements for traumatic brain injuries ($1.5M-$9.8M range), amputations ($1.9M-$8.6M), and wrongful death claims ($1.9M-$9.5M).
Right now, we’re litigating a $10 million hazing lawsuit against the University of Houston—proving we have the resources to take on institutional defendants with deep pockets. We’ve gone toe-to-toe with Fortune 500 corporations like BP in the Texas City Refinery litigation, where 15 workers died and we fought for the injured against one of the world’s largest companies.
In Polk County, we bring that same firepower to your corner. Whether your accident happened on US-2 near Crookston, on US-75 heading toward Moorhead, or on the farm-to-market roads connecting Fisher to Fosston, we know the territory. We know the courts. And we know how to win.
Hablamos Español. Llame al 1-888-ATTY-911.
The Dangerous Reality of 18-Wheeler Accidents in Polk County
The numbers don’t lie. Every 16 minutes, someone in America is injured in a commercial truck crash. Over 5,000 people die annually in these collisions, and 76% of those fatalities occur in the smaller vehicle—the passenger car, pickup, or SUV that never stood a chance against 80,000 pounds of steel.
In Polk County, the danger is amplified by our unique geography and climate. We’re an agricultural powerhouse—trucks hauling sugar beets, wheat, and soybeans create intense seasonal traffic. When harvest season peaks, overloaded trucks and fatigued drivers push through long hours on US-2 and County Road 9. Then winter arrives, bringing black ice, ground blizzards, and temperatures that can disable air brake systems and cause tire blowouts.
Whether your crash happened during a whiteout on the way to Grand Forks or in broad daylight on the Polk County Highway 2 bypass, the physics remain terrifying. A fully loaded semi traveling at 65 mph needs nearly 525 feet to stop—that’s almost two football fields. When a driver is distracted, fatigued, or simply driving too fast for conditions, that stopping distance becomes a death sentence.
Jackknife Accidents on Icy Polk County Highways
A jackknife occurs when the trailer swings perpendicular to the cab, often sweeping across multiple lanes and creating an impassable barrier. In Polk County, these accidents are particularly deadly during our brutal winters. When a trucker hits black ice on US-2 or encounters sudden whiteout conditions near the Red Lake River, an improperly braked stop can trigger a jackknife that blocks the entire highway.
These accidents account for approximately 10% of all trucking-related deaths. The trailer’s sideways momentum crushes anything in its path—often resulting in multi-vehicle pileups when other drivers can’t stop in time. We investigate whether the driver violated 49 CFR § 392.6 by speeding for conditions, or 49 CFR § 393.48 by failing to maintain proper brake systems. In winter conditions, trucking companies have a heightened duty to equip vehicles with appropriate tire chains and ensure drivers are trained for Minnesota weather.
Rollover Crashes on Rural Corridors
Rollovers happen when an 18-wheeler’s center of gravity shifts too far during a turn, curve, or evasive maneuver. On Polk County’s rural routes—where Highway 9 curves through farmland and County Road 7 winds near the Red River—rollover accidents are common when drivers take turns too quickly or encounter shifting cargo.
Approximately 50% of rollovers result from failure to adjust speed on curves. When a truck hauling grain or equipment enters a curve too fast on frozen roads near East Grand Forks, the result is catastrophic. We examine cargo securement records for violations of 49 CFR § 393.100-136, ensuring that loads were properly balanced and secured. We also review ECM data to determine if the driver was exceeding safe speeds for the posted curves.
Underride Collisions: The Deadliest Impact
Underride crashes occur when a smaller vehicle strikes a truck and slides underneath the trailer, often shearing off the passenger compartment at windshield level. These accidents are particularly common on US-75 and US-2 during low-visibility conditions—fog in the Red River Valley or blinding snow.
Despite federal regulations requiring rear impact guards (49 CFR § 393.86), many trailers have inadequate or worn guards that fail in collisions. Side underride guards remain unregulated federally, making side-impact underrides especially deadly. We preserve the trailer immediately to inspect guard compliance and deformation patterns, often proving that proper underride protection could have saved lives.
Rear-End Collisions Involving Stopped Traffic
When an 18-wheeler rear-ends a passenger vehicle, the damage is devastating. A truck needs 20-40% more stopping distance than a car. In Polk County, where Highway 2 traffic slows for agricultural equipment or stops for trains in Crookston, rear-end collisions often result from fatigued drivers violating hours-of-service regulations.
We immediately subpoena ELD (Electronic Logging Device) data to check for 49 CFR § 395 violations—the 11-hour driving limit, 14-hour duty window, and mandatory rest periods. If the driver exceeded legal driving hours or falsified logs, we use that evidence to prove negligence and pursue punitive damages.
Wide Turn Accidents in Agricultural Areas
“Squeeze play” accidents occur when trucks swing wide before right turns, creating gaps that smaller vehicles enter—only to be crushed when the truck completes its turn. These accidents are frequent in Polk County during harvest season, when trucks enter and exit farms, grain elevators, and processing facilities on narrow county roads.
Drivers must signal their intentions and check mirrors before maneuvering. Violations of 49 CFR § 392.11 (following too closely or unsafe lane changes) and failure to properly signal often indicate driver negligence or inadequate training by the carrier.
Blind Spot Accidents on Two-Lane Roads
An 18-wheeler has massive blind spots—20 feet in front, 30 feet behind, one lane on the left, and two lanes on the right. On Polk County’s two-lane highways, where passing slow-moving farm equipment is common, trucks that change lanes without checking their No-Zones can sideswipe passenger vehicles, forcing them into ditches or oncoming traffic.
49 CFR § 393.80 requires proper mirror placement. We investigate whether mirrors were properly adjusted and whether the driver checked them before maneuvering. Cell phone records often reveal distraction as a contributing factor.
Tire Blowouts in Extreme Temperatures
Polk County’s temperature extremes—from 90°F summer heat to -30°F winter cold—create perfect conditions for tire failure. Underinflation, overloading, and worn treads cause blowouts that send trucks careening out of control, leaving “road gators” (tire debris) in the path of following vehicles.
We examine maintenance records for violations of 49 CFR § 393.75 (minimum tread depth requirements) and 49 CFR § 396.13 (pre-trip inspection requirements). When carriers defer maintenance to save costs, we hold them accountable.
Brake Failures on Long Downgrades
While Polk County isn’t mountainous, the undulating terrain near the Red River and along Highway 2 can create dangerous downhill runs. Brake fade from overheated systems—coupled with Minnesota’s winter moisture that can freeze air lines—causes catastrophic brake failure.
Approximately 29% of large truck crashes involve brake problems. We review maintenance records for violations of 49 CFR § 396.3 (systematic inspection and maintenance) and 49 CFR § 396.11 (driver post-trip reports). If the driver noted brake issues but the company failed to repair them, that’s direct evidence of negligence.
Cargo Spills and Shifting Loads
Polk County’s economy runs on agriculture—trucks hauling sugar beets, wheat, potatoes, and equipment. When cargo isn’t properly secured per 49 CFR § 393.100-136, shifts in weight distribution cause rollovers, or spilled loads create hazards for following traffic.
We investigate loading procedures, weight distribution records, and compliance with tiedown requirements. When cargo loaders or shippers contributed to the unsafe load, we pursue them as additional defendants.
Understanding Federal Regulations That Protect You
Every 18-wheeler operating in interstate commerce must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations codified in Title 49 of the Code of Federal Regulations. These rules exist to protect public safety. When trucking companies violate them, they create the dangerous conditions that cause catastrophic accidents.
49 CFR Part 391: Driver Qualification Standards
Before a driver can legally operate a commercial motor vehicle, they must meet strict qualifications:
- Be at least 21 years old for interstate commerce
- Possess a valid Commercial Driver’s License (CDL)
- Pass a physical examination and hold a current medical certificate (maximum 2 years)
- Pass a road test or equivalent
- Have a clean driving record (or disclose violations)
Trucking companies must maintain a Driver Qualification (DQ) File for every operator, including employment applications, motor vehicle records, road test certificates, and previous employer inquiries. When carriers fail to verify driving histories or hire drivers with suspended licenses, they commit negligent hiring—a direct basis for liability.
49 CFR Part 392: Safe Operating Rules
These regulations govern how drivers operate their vehicles:
- § 392.3: Prohibits operating while fatigued or ill to the point of unsafe driving
- § 392.4/5: Bans drug use and alcohol consumption within 4 hours of duty
- § 392.6: Prohibits scheduling runs that require speeding
- § 392.11: Requires reasonable following distances
- § 392.82: Bans handheld mobile phone use while driving
Violations of these rules constitute negligence per se in many jurisdictions.
49 CFR Part 393: Vehicle Maintenance and Cargo Securement
Trucks must be maintained in safe operating condition with:
- Proper brake systems (§ 393.40-55)
- Adequate lighting (§ 393.11-26)
- Tires meeting minimum tread depth (§ 393.75)
- Cargo secured to withstand 0.8g forward deceleration forces (§ 393.102)
49 CFR Part 395: Hours of Service (HOS) Regulations
These are the most commonly violated—and most critical—regulations:
- 11-hour driving limit: Cannot drive more than 11 hours following 10 consecutive hours off-duty
- 14-hour on-duty window: Cannot drive beyond 14 consecutive hours after coming on duty
- 30-minute break: Required after 8 cumulative hours of driving
- 60/70-hour rule: Cannot drive after 60 hours in 7 days or 70 hours in 8 days
Since the 2017 ELD Mandate (49 CFR § 395.8), trucks must use Electronic Logging Devices that automatically record driving time and prevent log falsification. This data is objective, tamper-resistant evidence of driver fatigue.
49 CFR Part 396: Inspection and Maintenance
Carriers must systematically inspect and maintain all vehicles:
- Annual inspections required (§ 396.17)
- Pre-trip and post-trip driver inspections (§ 396.11, 396.13)
- Maintenance records retained for 14 months (§ 396.3)
Failure to maintain records—or continued operation of defective vehicles—creates liability for negligent maintenance.
Who Can Be Held Liable? (Hint: It’s Not Just the Driver)
Unlike typical car accidents where usually only one party is at fault, 18-wheeler accidents involve multiple potentially liable parties. We investigate every possible defendant to maximize your recovery—because more defendants mean more insurance coverage.
The Truck Driver
The operator is liable for negligent acts: speeding, distraction, fatigue, impairment, or traffic violations. We obtain cell phone records, ELD data, and drug test results to prove driver misconduct.
The Trucking Company (Motor Carrier)
Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, companies are directly liable for:
- Negligent hiring: Failing to verify CDL status, driving records, or medical certifications
- Negligent training: Inadequate safety training or failure to train for Minnesota winter conditions
- Negligent supervision: Ignoring ELD violations or driver complaints
- Negligent maintenance: Failing to repair known defects
Trucking companies carry minimum insurance of $750,000 for general freight, $1,000,000 for oil/equipment, and $5,000,000 for hazardous materials—making them primary targets for recovery.
The Cargo Owner/Shipper
When agricultural producers or manufacturers overload trucks or fail to disclose hazardous cargo characteristics, they share liability. We examine shipping contracts and loading instructions to identify shipper negligence.
The Cargo Loading Company
Third-party loaders who improperly distribute weight or fail to secure cargo per 49 CFR § 393 cause accidents through load shifts. We investigate loading dock procedures and securement equipment used.
Truck and Parts Manufacturers
When brake systems, steering components, or tires fail due to design or manufacturing defects, we pursue product liability claims against manufacturers. We preserve failed components for expert analysis and research recall histories through NHTSA databases.
Maintenance Companies
Third-party mechanics who perform negligent repairs or return vehicles to service with known defects bear responsibility. We review work orders and mechanic qualifications to identify maintenance failures.
Freight Brokers
Brokers who arrange transportation have a duty to select safe carriers. When they choose trucking companies with poor safety records (low CSA scores) to save money, they commit negligent selection.
Government Entities
In limited circumstances, state or county governments may be liable for dangerous road design, inadequate signage, or failure to maintain highways. In Polk County, this could include unsafe intersections on county roads or failure to clear ice from critical routes.
The 48-Hour Evidence Crisis
Here’s what trucking companies don’t want you to know: they have rapid-response teams that arrive at accident scenes before the tow trucks. Their investigators take photos, interview witnesses, and download ECM data—all while you’re receiving medical care.
Critical evidence disappears fast:
- ECM/Black Box Data: Overwrites in 30 days or with new engine cycles
- ELD Records: May be retained only 6 months
- Dashcam Footage: Often deleted within 7-14 days
- Driver Qualification Files: Must be preserved but can be “lost” if not requested
- Surveillance Video: Business cameras typically overwrite in 7-30 days
That’s why we send spoliation letters within 24-48 hours of being retained. This formal legal notice puts all defendants on notice that they must preserve evidence or face sanctions. Courts can instruct juries to assume destroyed evidence was unfavorable, impose monetary penalties, or enter default judgment for egregious spoliation.
What We Preserve
Our spoliation letters demand preservation of:
- ECM and EDR data (speed, braking, throttle position)
- ELD logs and GPS tracking data
- Complete Driver Qualification Files
- Maintenance and inspection records
- Dispatch logs and delivery schedules
- Cell phone records and text messages
- Drug and alcohol test results
- Dashcam and surveillance footage
- The physical truck and trailer before repair
Catastrophic Injuries Require Maximum Compensation
The physics of 18-wheeler collisions cause catastrophic injuries that change lives forever. We understand the long-term consequences because we’ve walked this journey with hundreds of families.
Traumatic Brain Injury (TBI)
The force of a truck impact causes the brain to strike the interior of the skull, resulting in concussions, contusions, or diffuse axonal injury. Moderate to severe TBI cases typically settle in the $1.5M to $9.8M range, depending on cognitive impairment, need for lifelong care, and lost earning capacity.
Spinal Cord Injury and Paralysis
Damage to the spinal cord disrupts communication between brain and body, causing paraplegia or quadriplegia. These cases often exceed $4.7M to $25.8M when accounting for lifetime care costs, home modifications, and lost income.
Amputation
When crushing forces necessitate limb removal, victims face multiple surgeries, prosthetics ($5,000-$50,000+ per unit), and permanent disability. Our amputation case results range from $1.9M to $8.6M.
Wrongful Death
When negligence takes a loved one, Minnesota law allows surviving spouses, children, and parents to recover damages for lost income, loss of companionship, mental anguish, and funeral expenses. Wrongful death settlements typically range from $1.9M to $9.5M, with potential for punitive damages when gross negligence is proven.
Severe Burns and Internal Injuries
Fuel tank ruptures and chemical spills cause third and fourth-degree burns requiring extensive grafting. Internal organ damage may not show immediate symptoms but can be life-threatening. These cases require immediate expert medical documentation to link injuries to the crash.
Minnesota State Laws That Affect Your Case
In Polk County, Minnesota, specific laws govern your right to recover:
Statute of Limitations: You have 2 years from the date of the accident to file a personal injury lawsuit. For wrongful death, you have 3 years from the date of death. Miss these deadlines, and you lose your right to compensation forever.
Comparative Negligence: Minnesota follows a modified comparative negligence rule with a 51% bar. This means you can recover damages even if you were partially at fault, provided your fault does not exceed 50%. However, your recovery is reduced by your percentage of fault. If you’re found 20% at fault, your $1,000,000 recovery is reduced to $800,000.
No-Fault Insurance: Minnesota is a no-fault state for auto accidents, meaning your own Personal Injury Protection (PIP) coverage pays initial medical bills and lost wages regardless of fault. However, for serious injuries exceeding the PIP threshold (including death, permanent injury, or scarring/disfigurement), you can step outside the no-fault system and pursue the at-fault trucker and company directly.
Punitive Damages: Unlike many states, Minnesota does not cap punitive damages in personal injury cases. When trucking companies knowingly violate safety regulations or destroy evidence, juries can award substantial punitive damages to punish misconduct and deter future violations.
Damage Caps: Minnesota generally does not cap compensatory damages, meaning you can recover full economic and non-economic damages including unlimited pain and suffering.
Frequently Asked Questions About Polk County Trucking Accidents
What should I do immediately after a truck accident in Polk County?
First, call 911 and seek medical attention immediately—even if you feel okay. Then, if you’re able, photograph the vehicles, the accident scene (including road conditions and any ice or debris), and get the truck’s DOT number and the driver’s information. Do not give recorded statements to insurance adjusters. Then call us at 1-888-ATTY-911.
Should I talk to the trucking company’s insurance adjuster?
Never. Insurance adjusters work for the trucking company, not you. They are trained to minimize your claim. Anything you say can be used against you. Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how those adjusters are trained to manipulate you—now he uses that knowledge to protect you.
How much is my case worth?
Every case is unique. Factors include injury severity, medical costs (past and future), lost wages, pain and suffering, and available insurance coverage. Trucking companies carry $750,000 to $5,000,000 in coverage. We’ve recovered settlements ranging from hundreds of thousands to multi-millions for catastrophic injuries.
What if I was partially at fault?
Under Minnesota’s comparative negligence law, you can still recover damages as long as you’re not more than 50% at fault. Your recovery is reduced by your percentage of fault. Don’t let the trucking company blame you without an investigation—we use ECM data and accident reconstruction to prove what really happened.
Who pays my medical bills while I wait for settlement?
Your Minnesota no-fault PIP coverage pays initial medical bills and wage loss up to policy limits. For serious injuries exceeding these limits, we work with medical providers who accept liens against your settlement. You focus on healing; we handle the bills.
How long do I have to file a lawsuit?
Two years from the accident date for personal injury in Minnesota. Three years for wrongful death. However, evidence disappears long before then. Black box data can overwrite in 30 days. Call immediately to preserve critical evidence.
Will my case go to trial?
98% of personal injury cases settle before trial. However, we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to take cases to verdict—and they offer better settlements to clients with trial-ready attorneys. With Ralph Manginello’s 25+ years of courtroom experience, we have the credibility to force fair settlements.
How long will my case take?
Simple cases with clear liability may settle in 6-12 months. Complex trucking cases involving multiple defendants and catastrophic injuries typically take 18-36 months. We work efficiently while ensuring you receive maximum compensation, not just a quick settlement.
What is a spoliation letter and why does it matter?
It’s a legal notice demanding preservation of evidence. Once we send it, defendants cannot legally destroy ECM data, maintenance records, or driver files. Violations result in court sanctions and adverse inference instructions. We send these within 24-48 hours of being retained.
Can I afford an attorney?
Absolutely. We work on contingency—you pay nothing unless we win. No upfront costs. No hourly fees. We advance all investigation expenses. When we win, our fee comes from the recovery, not your pocket.
What if the truck driver was an independent contractor?
Both the driver and the motor carrier can still be liable. We investigate lease agreements and insurance policies to ensure all responsible parties are held accountable.
Do I need a lawyer if the accident was clearly the truck’s fault?
Yes. Trucking cases involve complex federal regulations, multiple insurance policies, and aggressive defense teams. The trucking company has lawyers working right now to protect them. You deserve the same level of representation.
What if my loved one died in the accident?
We are deeply sorry for your loss. Minnesota allows wrongful death claims by surviving spouses, children, and parents. You may recover damages for lost income, loss of companionship, mental anguish, and funeral expenses. Time limits apply—contact us immediately.
Can undocumented immigrants file claims?
Yes. Immigration status does not affect your right to compensation for injuries caused by someone else’s negligence. Hablamos Español. Call Lupe Peña at 1-888-ATTY-911.
What if the trucking company is from out of state?
We can pursue out-of-state carriers in Minnesota courts or federal court. Ralph Manginello is admitted to the U.S. District Court, giving us the authority to handle interstate cases wherever the defendant is based.
How do I know if the driver was fatigued?
We subpoena ELD data showing hours of service. If the driver exceeded 11 hours of driving or falsified logs, that’s strong evidence of negligence and potentially punitive damages.
What if bad road conditions contributed to the crash?
Truckers must adjust speed and driving for conditions. Operating too fast for icy roads on US-2 is negligence. We also investigate whether government entities failed to maintain safe roads or provide adequate signage.
Should I accept the insurance company’s first offer?
Never. First offers are always lowball attempts to settle before you know the full extent of your injuries. As client Glenda Walker said: “They fought for me to get every dime I deserved.” We don’t stop until you get every dime.
What if I can’t come to your office?
We come to you. Whether you’re hospitalized in Grand Forks, recovering in Crookston, or at home in Fisher, we travel to Polk County to meet with you. We also offer virtual consultations.
How do I get started?
Call 1-888-ATTY-911 (888-288-9911) right now. We answer calls 24/7. The consultation is free, confidential, and there’s no obligation. We’ll evaluate your case, explain your options, and if you hire us, we start fighting immediately.
Don’t let the trucking company win. Your fight starts with one call: 1-888-ATTY-911.
We serve 18-wheeler accident victims throughout Polk County, including Crookston, East Grand Forks, Fisher, Fosston, Fertile, Mentor, McIntosh, and all surrounding communities. Whether your accident happened on US-2, US-75, MN-9, or any county road, we’re here to help.
Hablamos Español. Llame al 1-888-ATTY-911.
