If you’ve been hit by an 18-wheeler on the long stretches of US-12 or the winding routes of Montana’s Hi-Line near Garfield County, you’re facing a battle that started the second the truck driver climbed into that cab.
An 80,000-pound tractor-trailer against your passenger vehicle isn’t a fair fight. That weight differential—twenty times what your car weighs—means catastrophic injuries, massive medical bills, and trucking companies that deploy lawyers before the ambulance even reaches the scene. At Attorney911, we’ve spent over 25 years making those trucking companies pay for the damage they’ve done to families across Garfield County and throughout Montana.
Ralph Manginello, our managing partner, has been fighting for injury victims since 1998. He’s admitted to federal court, has gone toe-to-toe with Fortune 500 corporations like BP in the Texas City explosion litigation, and has recovered more than $50 million for clients suffering catastrophic injuries. When you’re up against a trucking company with million-dollar insurance policies and teams of adjusters, you need that kind of experience in your corner.
Our associate attorney, Lupe Peña, brings something even more valuable—he used to work for insurance companies on the defense side. He knows exactly how trucking insurers evaluate claims, how they train adjusters to minimize payouts, and when they’re bluffing about settlement offers. That’s your advantage. As client Chad Harris told us after his case settled, “You are NOT just some client… You are FAMILY to them.” That’s how we treat every trucking accident victim who calls our firm.
Why Garfield County’s Highways Are Particularly Dangerous for Truck Accidents
Garfield County sits in the heart of Montana’s eastern plains, served by critical trucking corridors like US Highway 12 and US Highway 191. These aren’t just local roads—they’re vital arteries connecting the Bakken oil fields to refineries, agricultural markets to distributors, and interstate commerce across the northern tier of the United States. When you combine heavy commercial traffic with Montana’s notorious weather conditions—blinding snowstorms, black ice, and wind gusts that can topple trailers—you get a perfect storm for 18-wheeler accidents.
The rural nature of Garfield County creates unique dangers. Emergency services may be 50 miles or more from a crash scene on desolate stretches of highway. Cell phone coverage is spotty. And trucking companies know that remote locations make evidence collection harder for victims who don’t have immediate legal representation.
We’ve handled cases across Garfield County where truckers pushed through whiteout conditions, drove fatigued across the endless plains, or failed to maintain their brakes on the steep grades near the Missouri River breaks. These aren’t just “accidents”—they’re often the result of federal safety violations that we prove using electronic data and maintenance records that other attorneys might miss.
The 15 Types of 18-Wheeler Accidents We See in Garfield County
Every trucking accident is different, but we’ve seen every configuration of crash imaginable across Montana’s highways. Here are the accident types that demand immediate legal attention:
Jackknife Accidents – When a truck driver brakes too hard on icy US-12 near Jordan or hits a patch of black ice on MT-200, the trailer swings perpendicular to the cab, sweeping across all lanes. These accidents account for roughly 10% of trucking fatalities and often involve multiple vehicles when the trailer blocks the entire roadway.
Rollover Accidents – Fully loaded trucks have high centers of gravity. When drivers take curves too fast on County Road 200 or overcorrect after a tire blowout on the isolated stretches of Highway 191, the truck tips. Approximately half of rollover crashes result from failure to adjust speed on curves—a clear violation of 49 CFR § 392.6, which prohibits operating at speeds unsafe for conditions.
Underride Collisions – Perhaps the most horrific type of accident. When a passenger vehicle slides under the trailer—either from the rear or the side—the top of the car is sheared off. These accidents cause approximately 400-500 deaths annually nationwide. While federal law requires rear impact guards on trailers manufactured after 1998 (49 CFR § 393.86), there’s no federal mandate for side underride guards, leaving motorists vulnerable on Garfield County’s two-lane highways.
Rear-End Collisions – An 80,000-pound truck traveling at 65 mph needs nearly 525 feet to stop—almost two football fields. When truckers follow too closely on I-94 (which runs just north of Garfield County) or get distracted by their dispatch tablets, they can’t stop in time. These crashes often result in traumatic brain injuries and spinal cord damage for occupants of the vehicle ahead.
Wide Turn Accidents – On the tight turns through Garfield County’s small towns or when accessing the agricultural elevators dotting the landscape, truckers must swing wide. When they fail to check their blind spots or signal properly, they crush vehicles in the “squeeze play” gap they create.
Blind Spot (“No-Zone”) Accidents – 18-wheelers have massive blind spots: 20 feet directly in front, 30 feet behind, and significant areas on both sides. When truckers change lanes without properly checking mirrors—required under 49 CFR § 393.80—they sideswipe passenger vehicles or run them off the road.
Tire Blowout Accidents – The extreme temperature fluctuations in Montana—from summer heat to winter cold—degrade tires rapidly. When a steer tire blows at highway speed, the driver loses control immediately. FMCSA requires minimum tread depth of 4/32″ on steer tires (49 CFR § 393.75), but trucking companies often defer maintenance to save costs.
Brake Failure Accidents – Brake problems contribute to approximately 29% of large truck crashes. On the steep descents near the Missouri River or the winding routes through the badlands, brake fade can be catastrophic. Federal regulations mandate systematic inspection and maintenance (49 CFR § 396.3), but we too often find companies skipped pre-trip inspections to keep drivers moving.
Cargo Spill and Shift Accidents – When improperly secured loads shift during transport, the center of gravity changes abruptly, causing rollovers. Federal cargo securement rules (49 CFR §§ 393.100-136) require tiedowns capable of withstanding specific force thresholds, yet we see agricultural loads, oilfield equipment, and manufactured goods flying off trailers across Garfield County.
Head-On Collisions – Driver fatigue is epidemic in long-haul trucking. When a trucker falls asleep at the wheel on a two-lane highway like US-12 and drifts into oncoming traffic, the results are almost always fatal for the occupants of the smaller vehicle.
T-Bone/Intersection Accidents – At the intersections of US-191 and local routes, or when truckers run red lights in Jordan or Circle, they strike the broad side of passenger vehicles with devastating force.
Sideswipe Accidents – Often occurring during lane changes on the wider stretches of highway or when truckers misjudge the width of their trailers on narrow county roads.
Override Accidents – Similar to underrides but from the front, when a truck drives over a smaller vehicle. These usually occur when the truck fails to stop in time.
Runaway Truck Accidents – On the grades near the river breaks, when brakes fail, trucks reach speeds where they cannot be controlled. Runaway truck ramps exist on some Montana highways, but their absence on certain routes creates deadly risks.
Lost Wheel/Detached Trailer Accidents – When maintenance companies fail to properly torque lug nuts or inspect coupling devices, wheels or entire trailers detach, turning into deadly projectiles.
The 10 Liable Parties We Pursue in Garfield County Trucking Cases
Most law firms only sue the driver and the trucking company. That’s a mistake that leaves money on the table. Under Montana law and federal regulations, multiple parties may share liability for your injuries:
1. The Truck Driver – Direct negligence for speeding, distracted driving, fatigue, impairment, or failure to conduct pre-trip inspections required by 49 CFR § 396.13.
2. The Trucking Company/Motor Carrier – Under the doctrine of respondeat superior, employers are liable for their employees’ negligent acts. Additionally, trucking companies often commit direct negligence through:
- Negligent hiring (failing to check the driver’s record)
- Negligent training (inadequate safety instruction)
- Negligent supervision (ignoring hours-of-service violations)
- Negligent maintenance (deferring brake or tire repairs)
- Pressuring drivers to violate FMCSA regulations to meet deadlines
3. The Cargo Owner/Shipper – Companies loading agricultural products, oilfield equipment, or manufactured goods may provide improper loading instructions or pressure carriers to exceed weight limits.
4. The Loading Company – Third-party warehouses or agricultural elevators in Garfield County that physically load trucks may violate federal cargo securement standards (49 CFR § 393.100-136), creating instability.
5. Truck and Trailer Manufacturers – Design defects in brake systems, fuel tank placement (creating fire risks), or stability control systems can create products liability claims.
6. Parts Manufacturers – Defective tires, brake components, or lighting systems that fail prematurely.
7. Maintenance Companies – Third-party mechanics who perform negligent repairs or fail to identify critical safety issues during required inspections.
8. Freight Brokers – These intermediaries who arrange transportation may be liable for negligent selection of carriers with poor safety records (visible through FMCSA’s SAFER database).
9. Truck Owner – In owner-operator arrangements separate from the motor carrier, the owner may face negligent entrustment liability.
10. Government Entities – While sovereign immunity limits recovery, dangerous road design, inadequate signage for known hazards, or failure to maintain roads (potholes, debris) can create liability for state or county entities.
Critical FMCSA Regulations That Prove Negligence
The Federal Motor Carrier Safety Administration (FMCSA) imposes strict regulations on commercial vehicles. When trucking companies violate these rules, they create liability. Here are the specific regulations we investigate in every Garfield County case:
49 CFR Part 390 – General Applicability
Establishes that these regulations apply to all commercial motor vehicles (CMVs) with GVWR over 10,001 lbs operating in interstate commerce—which includes virtually all 18-wheelers on Garfield County highways.
49 CFR Part 391 – Driver Qualification
Trucking companies must maintain Driver Qualification (DQ) Files containing:
- Employment applications and background checks
- Motor Vehicle Records from all states
- Medical certifications (valid for max 2 years)
- Pre-employment drug test results
- Previous employer inquiries (3-year history)
If the driver who hit you had a history of accidents, failed drug tests, or medical conditions that should have disqualified them—and the company hired them anyway—that’s negligent hiring under § 391.51.
49 CFR Part 392 – Driving Rules
Critical prohibitions include:
- § 392.3: Operating while fatigued or ill
- § 392.4: Operating under the influence of drugs
- § 392.5: Alcohol use (prohibited within 4 hours of driving, prohibited while on duty, .04 BAC limit)
- § 392.6: Speeding or driving too fast for conditions (crucial on Garfield County’s icy roads)
- § 392.11: Following too closely
- § 392.82: Hand-held mobile phone use and texting while driving
49 CFR Part 393 – Vehicle Safety and Cargo Securement
- §§ 393.100-136: Cargo must be secured to prevent shifting, falling, or spilling
- § 393.75: Tire requirements (minimum tread depths)
- § 393.80: Mirrors must provide clear rear view
- § 393.86: Rear impact guards required on trailers
49 CFR Part 395 – Hours of Service (HOS)
These rules are among the most commonly violated and directly cause fatigue-related crashes:
- 11-hour driving limit after 10 consecutive hours off duty
- 14-hour on-duty window (cannot drive beyond the 14th hour)
- Mandatory 30-minute break after 8 cumulative hours driving
- 60/70 hour weekly limits with required 34-hour restart
Since December 18, 2017, most trucks must use Electronic Logging Devices (ELDs) to track these hours. This electronic data is objective evidence of violations.
49 CFR Part 396 – Inspection and Maintenance
- § 396.3: Systematic inspection, repair, and maintenance required
- § 396.11: Drivers must prepare post-trip inspection reports
- § 396.13: Pre-trip inspections required before driving
- § 396.17: Annual comprehensive inspections required
The 48-Hour Evidence Crisis
Here’s what trucking companies don’t want you to know: evidence disappears fast. Within 48 hours of a crash on a Garfield County highway, critical data may be lost forever.
Black Box/ECM Data – The truck’s Electronic Control Module records speed, brake application, throttle position, and fault codes. It can be overwritten in 30 days—or with new driving events even sooner.
ELD Data – While FMCSA requires 6-month retention (49 CFR § 395.8), trucking companies may “lose” data showing hours-of-service violations if not immediately preserved.
Dashcam Footage – Forward-facing and cab-facing cameras often auto-delete within 7-14 days.
Driver Qualification Files – We need these to check if the driver was even qualified to operate that vehicle.
Maintenance Records – Proof that the company knew about brake issues or tire problems and did nothing.
When you call Attorney911 at 1-888-ATTY-911, we send spoliation letters immediately—sometimes within hours. These legal notices put the trucking company on notice that destroying evidence will result in court sanctions, adverse jury instructions, or default judgment. We don’t wait.
Montana Law: What Garfield County Accident Victims Need to Know
Statute of Limitations: Montana gives you three years from the date of the accident to file a personal injury lawsuit (MCA § 27-2-204). For wrongful death claims, it’s generally three years from the date of death. However, if a government entity is involved, you may face notice requirements within 180 days or shorter deadlines. Don’t wait—evidence fades faster than legal deadlines.
Comparative Negligence: Montana follows modified comparative fault (MCA § 27-1-702). You can recover damages as long as you’re 50% or less at fault. If you’re found 20% responsible, your recovery is reduced by 20%. But if you’re 51% at fault, you recover nothing. Trucking companies and their insurers will try to shift blame to you—perhaps claiming you were speeding or failed to yield on that gravel road intersection. We fight these allegations with ECM data and accident reconstruction.
Punitive Damages: Montana caps punitive damages at the greater of $10 million or 3% of the defendant’s net worth (MCA § 27-1-220). These damages apply when trucking companies act with actual fraud or actual malice—such as knowingly keeping dangerous drivers on the road or falsifying maintenance records.
Economic vs. Non-Economic Damages: Unlike some states, Montana does not cap non-economic damages (pain and suffering) in trucking accident cases, though medical malpractice caps don’t apply here. Your full suffering is recoverable.
Catastrophic Injuries and Their Lifetime Costs
The physics of an 80,000-pound vehicle hitting a 4,000-pound car at highway speeds creates catastrophic injuries:
Traumatic Brain Injuries (TBI) – Ranging from mild concussions to severe diffuse axonal injury. Symptoms may not appear for days. Lifetime care costs can exceed $3 million for severe cases. We’ve recovered between $1.5 million and $9.8 million for TBI victims.
Spinal Cord Injuries – Paraplegia or quadriplegia requiring wheelchairs, home modifications, and 24/7 care. Lifetime costs range from $1.1 million (paraplegia) to $5+ million (quadriplegia). Our settlements for spinal injuries have ranged from $4.7 million to $25.8 million.
Amputations – Whether traumatic (occurs at scene) or surgical (required due to crush injuries), prosthetics need replacement every 3-5 years at $5,000-$50,000 each. Our amputation cases have settled for $1.9 million to $8.6 million.
Severe Burns – Often occurring when fuel tanks rupture. Third and fourth-degree burns require skin grafts, multiple surgeries, and leave permanent scarring.
Internal Organ Damage – Liver lacerations, spleen ruptures, kidney damage—often requiring emergency surgery and lifelong monitoring.
Wrongful Death – When Garfield County families lose loved ones to trucking negligence, we pursue compensation for lost income, loss of consortium, mental anguish, and funeral expenses. Our wrongful death settlements have ranged from $1.9 million to $9.5 million.
Insurance Coverage in Trucking Cases
Federal law mandates much higher insurance limits for commercial trucks than passenger vehicles:
- Non-hazardous freight: $750,000 minimum
- Oil/Petroleum: $1,000,000 minimum
- Hazardous materials: $5,000,000 minimum
Many carriers carry $1-5 million in coverage. However, accessing these funds requires proving liability and damages convincingly. Trucking companies often carry excess/umbrella policies on top of primary coverage. Through thorough investigation of all liable parties, we often find multiple insurance policies available—maximizing your recovery.
What to Do Immediately After a Garfield County Truck Accident
If you’re reading this from a hospital bed in Miles City or from your home in Jordan after being released from the crash scene, here’s your action plan:
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Seek immediate medical attention – Even if you feel fine. Adrenaline masks injuries, and internal bleeding or TBIs may not show symptoms immediately.
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Document everything – If you’re able, photograph the truck’s DOT number, license plates, damage to both vehicles, road conditions, and your injuries. Get witness contact information.
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Do not give recorded statements – The trucking company’s insurer will call quickly. They are not your friend. Anything you say can be used to minimize your claim.
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Preserve the vehicle – If possible, don’t let your car be repaired or totaled before an expert can examine it. Evidence inside the vehicle matters.
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Call Attorney911 immediately – At 1-888-ATTY-911. We answer 24/7. The sooner we send spoliation letters, the better we can preserve critical evidence.
Frequently Asked Questions for Garfield County Trucking Accident Victims
How long do I have to file a case in Montana?
Three years from the accident date for personal injury, but evidence disappears much faster. Call us today.
What if the truck driver claims I was at fault?
Don’t accept blame. Montana uses comparative negligence. We investigate with ECM data, ELD logs, and accident reconstruction to prove what really happened.
Can I afford an attorney?
Yes. We work on contingency—33.33% pre-trial, 40% if we go to trial. You pay nothing unless we win. We advance all costs.
What if the trucking company is from another state?
We handle interstate cases regularly. Ralph Manginello is admitted to federal court and can pursue cases across state lines. Trucking companies operate under federal regulations regardless of their headquarters.
Hablamos Español?
Sí. Lupe Peña es bilingüe y puede ayudarle directamente sin intérpretes. Llame al 1-888-ATTY-911.
Why Clients Choose Attorney911 for Garfield County Trucking Cases
Don’t take our word for it. Donald Wilcox, a client whose case another firm rejected, said: “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.”
Glenda Walker told us: “They fought for me to get every dime I deserved.”
Angel Walle noted: “They solved in a couple of months what others did nothing about in two years.”
We’ve earned a 4.9-star rating on Google from over 251 reviews because we treat you like family, not a case number. We have offices in Houston, Austin, and Beaumont, and we serve clients throughout Montana and across the United States.
The trucking company that hit you has lawyers working right now to minimize your claim. You deserve someone fighting just as hard for you. With 25+ years of experience, federal court admission, and a former insurance defense attorney on our team, Attorney911 has the expertise to take on the largest trucking companies—and win.
Call us now at 1-888-ATTY-911 (1-888-288-9911) for a free consultation. If you prefer Spanish, ask for Lupe Peña. We’re available 24/7 because we know that in Garfield County, when an 18-wheeler changes your life, you can’t wait until Monday morning for answers.
Don’t let evidence disappear. Don’t let the trucking company push you around. Call Attorney911 today.
