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Powder River County 18-Wheeler Crash Attorneys: Attorney911 Deploys Managing Partner Ralph P. Manginello’s 25+ Years Federal Court-Admitted Trial Experience and $50+ Million Record Including $5+ Million Logging Brain Injury and $2.5+ Million Truck Crash Verdicts Alongside Former Insurance Defense Attorney Lupe Peña Who Exposes Insider Claims Tactics From Working for Insurers, Together As FMCSA 49 CFR Parts 390-399 Regulation Masters We Investigate Hours of Service Violations Driver Qualification Failures and Electronic Control Module Black Box Data Extraction for Jackknife Rollover Underride Tire Blowout Brake Failure Cargo Spill and Fatigued Driver Collisions While Specializing in Catastrophic Traumatic Brain Injury Spinal Cord Damage Amputation Severe Burns and Wrongful Death Cases, Trial Lawyers Achievement Association Million Dollar Members with 4.9 Star Google Rating 251 Reviews Offering Free 24/7 Consultation No Fee Unless We Win Costs Advanced Hablamos Español Call 1-888-ATTY-911 the Legal Emergency Lawyers The Firm Insurers Fear

February 26, 2026 34 min read
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18-Wheeler Accident Lawyers in Powder River County, Montana

If an 80,000-Pound Truck Changed Your Life, You Need a Fighter Who Understands Montana’s Highways

The impact was catastrophic. One moment you’re driving along Interstate 90 or Interstate 94 through Powder River County, navigating the rolling plains and rugged terrain of southeastern Montana. The next, an 80,000-pound commercial truck has slammed into your vehicle, or jackknifed across the highway, or rolled over in a blinding snowstorm. In an instant, everything changed.

You’re not alone, and you’re not just another case number. At Attorney911, we’ve spent over 25 years fighting for trucking accident victims across America, including the vast stretches of Powder River County and throughout Montana’s vital freight corridors. We understand that when an 18-wheeler crashes in Montana’s remote areas, the consequences are often catastrophic—not just because of the physics involved, but because help can be miles away, and the trucking companies know it.

Montana consistently ranks among the most dangerous states for trucking accidents per capita, with Powder River County’s position along critical east-west freight routes making it particularly vulnerable. The combination of I-90 and I-94—two of America’s busiest transcontinental trucking arteries—extreme winter weather, and the Bakken oil field industrial traffic creates a perfect storm for devastating collisions.

If you or a loved one has been injured in a truck accident anywhere in Powder River County, from Broadus to the remote stretches near the Wyoming border, you need an attorney who moves fast, knows federal trucking law inside and out, and has the resources to stand up to billion-dollar trucking corporations. You need Attorney911. Call us now at 1-888-ATTY-911—we answer 24/7, and we can be on a plane to Montana within hours if your case requires immediate evidence preservation.

Why Trucking Accidents in Powder River County Are Different—And More Dangerous

Powder River County isn’t just another rural Montana jurisdiction—it’s a critical artery in America’s freight network. With I-90 bringing transcontinental traffic from Seattle to Boston and I-94 connecting the Great Lakes to the Pacific Northwest, thousands of commercial trucks traverse this remote county every single day. When accidents happen here, they’re often catastrophic for reasons unique to our geography.

The Physics Are Brutal: A fully loaded 18-wheeler weighs 80,000 pounds. Your passenger vehicle weighs roughly 4,000 pounds. That’s a 20-to-1 weight disparity. When these vehicles collide at highway speeds common on Montana’s interstates—often 75 or 80 mph—the force applied to your body is equivalent to falling from a four-story building.

The Geography Is Unforgiving: Powder River County encompasses some of Montana’s most remote terrain. When a truck crashes on a desolate stretch of I-90 or a county road, emergency response times can stretch to an hour or more. The “golden hour” for trauma care often passes before help arrives. Additionally, Montana’s “Big Sky” country means sudden weather changes—whiteout blizzards, black ice, and 70 mph crosswinds that can topple high-profile trailers in seconds.

The Trucking Companies Have Home-Court Advantage: Major carriers operate sophisticated rapid-response teams. While you’re being airlifted to St. Vincent Healthcare in Billings or being treated at the local clinic in Broadus, the trucking company’s lawyers and investigators are already at the scene or flying in. They’re collecting evidence, coaching their driver, and preparing a defense strategy before you’ve even received medical treatment.

Evidence Disappears Fast in Remote Areas: Unlike urban accidents where multiple witnesses might capture dashcam footage, rural Montana truck accidents often leave few witnesses. Black box data—critical to proving the truck driver was fatigued or speeding—can be overwritten within 30 days. Dashcam footage may “mysteriously” disappear. We need to act immediately to preserve this evidence.

Ralph Manginello, our founding partner, has spent 25 years litigating against Fortune 500 trucking corporations and their insurance companies. He’s admitted to federal court, giving him the authority to handle complex interstate trucking cases that cross state lines—exactly the type of litigation required when a truck registered in Texas crashes in Montana. Our associate attorney Lupe Peña spent years defending insurance companies before joining our team. Now he fights against them, bringing insider knowledge of exactly how they try to minimize payouts to truck accident victims in Powder River County and beyond.

The Montana Trucking Landscape: Understanding the Risks in Powder River County

Powder River County presents a unique convergence of risk factors that make 18-wheeler accidents particularly devastating. Understanding these local dynamics is crucial to building a winning case.

Montanas Heavy Freight Corridors

Interstate 90: Running east-west across southern Powder River County, I-90 is one of America’s busiest trucking routes. It carries transcontinental freight from the Port of Seattle to Boston, along with massive agricultural shipments from the Midwest and oil field equipment heading to the Bakken formation. The Montana section sees extreme weather variations—blistering heat in summer that causes tire blowouts, and Arctic cold in winter that creates deadly black ice.

Interstate 94: Though slightly north of Powder River County, I-94 influences local traffic patterns and brings additional commercial vehicles through our region. This corridor connects to the Bakken oil fields, meaning Powder River County roads see significant oil field service traffic, including heavy haul trucks, water trucks, and equipment transports that exceed standard weight limits.

Agricultural Trucking: Powder River County is ranching and farming country. During harvest season and cattle shipping periods, local roads see increased truck traffic—grain haulers, livestock transports, and equipment movers. These trucks often share narrow county roads with passenger vehicles, creating dangerous passing situations and blind spot accidents.

Weather Hazards Unique to Southeastern Montana

Black Ice Events: Montana’s “freeze-thaw” cycles create invisible black ice, particularly on bridges and overpasses along I-90. Trucks require 40% more stopping distance than passenger vehicles. When a truck hits black ice at 75 mph, the driver loses control, often jackknifing or rolling over into adjacent lanes.

High Winds: The wide-open prairies of Powder River County are notorious for sudden, severe crosswinds. For high-profile vehicles like empty cattle haulers or car carriers, these winds can literally blow trucks off the road or into oncoming traffic. We’ve handled cases where truck drivers failed to adjust speed for wind advisories, resulting in catastrophic rollovers.

Isolation Factor: Unlike accidents near major cities, rural Montana truck crashes often occur far from trauma centers. The delay in emergency response and medical treatment can exacerbate injuries, turning what might have been moderate injuries into life-threatening conditions or permanent disabilities.

Types of 18-Wheeler Accidents We Handle in Powder River County

Every trucking accident is unique, but Powder River County’s geography and climate create distinct patterns. Here are the accident types we see most frequently in southeastern Montana—and how we prove negligence in each.

Jackknife Accidents on Icy Highways

A jackknife occurs when the truck’s trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic. On Montana’s icy interstates, jackknifes frequently occur when drivers brake too hard for conditions or encounter sudden obstacles like cattle or wildlife on the road.

Why They Happen: Jackknifes typically result from improper braking on slick surfaces, excessive speed for conditions, or empty/lightly loaded trailers that lack traction. Under 49 CFR § 392.6, truck drivers must reduce speed when conditions require it—failing to do so is a federal violation.

Proving Negligence: We analyze ECM (Electronic Control Module) data to determine exactly when brakes were applied and how hard. Skid mark analysis shows whether the trailer swung due to driver error or mechanical failure. We also examine dispatch records to see if the driver was pressured to maintain speed despite weather advisories.

Injuries: Jackknife accidents often cause multi-vehicle pileups on Montana’s interstates. Victims suffer traumatic brain injuries from secondary impacts, spinal cord injuries from rollover, and crushing injuries when trapped between the jackknifed trailer and guardrails.

Rollover Accidents on Curves and Gradients

Powder River County may not have mountains, but the rolling terrain along I-90 includes curves and elevation changes that become treacherous at speed. Rollovers occur when top-heavy trucks—especially livestock haulers or tankers—take curves too fast, overcorrect, or encounter soft shoulders.

Why They Happen: Speeding on curves is the primary cause, often compounded by improperly secured cargo that shifts during turns. Under 49 CFR § 393.100-136, cargo must be secured to prevent shifting that affects vehicle stability. FMCSA studies show that 50% of rollovers result from failure to adjust speed for curves.

Proving Negligence: We obtain the cargo manifest and securement documentation. Did the driver conduct a pre-trip inspection per 49 CFR § 396.13? Was the load properly secured with adequate tiedowns? ECM data reveals speed through the curve—often proving the driver exceeded safe limits.

Injuries: Rollovers frequently crush smaller vehicles that slide underneath the toppling trailer. Victims suffer decapitation, traumatic amputations, and severe burns if the truck carries flammable cargo like oil field chemicals or diesel fuel.

Underride Collisions

The most horrific trucking accidents involve underrides—when a passenger vehicle slides underneath the trailer, shearing off the roof and crushing the occupants. Despite federal regulations requiring rear impact guards (49 CFR § 393.86), many trailers have inadequate or damaged guards that fail in collisions.

Why They Happen: Sudden stops without adequate warning, missing or defective underride guards, and low visibility during Montana’s frequent fog or snowstorms.

Proving Negligence: We inspect the trailer’s rear impact guard for compliance with FMCSA standards. Post-crash deformation analysis shows whether the guard failed due to poor maintenance or manufacturing defects. We also examine brake lights and reflective tape—poor lighting violates 49 CFR § 393.11.

Injuries: Underride accidents are almost always fatal or result in catastrophic brain and spinal injuries. The victims are often decapitated or suffer massive head trauma.

Rear-End Collisions

An 80,000-pound truck traveling at Montana’s 80 mph interstate speed limit requires nearly 525 feet to stop—almost two football fields. When truck drivers follow too closely, drive distracted, or suffer fatigue, they rear-end smaller vehicles with devastating force.

Why They Happen: Following too closely (49 CFR § 392.11), distracted driving (49 CFR § 392.82 prohibits handheld phone use), and driver fatigue violations (49 CFR Part 395 Hours of Service). Montana’s long, straight stretches of highway encourage “highway hypnosis” and inattention.

Proving Negligence: ECM data reveals following distance and brake application timing. ELD (Electronic Logging Device) records show if the driver violated Hours of Service regulations—driving beyond the 11-hour limit or 14-hour window. We subpoena cell phone records to prove distraction.

Injuries: Whiplash, spinal compression fractures, traumatic brain injury from impact with headrests or windshields, and internal organ damage from seat belt compression.

Brake Failure Accidents

Montana’s steep grades and heavy agricultural/oil field traffic place extreme stress on braking systems. Brake problems are a factor in approximately 29% of large truck crashes, per FMCSA data. When brakes fail on a descent into a valley, the result is often a runaway truck that cannot stop for intersections or slower traffic.

Why They Happen: Deferred maintenance to save costs, improper brake adjustment, overheating from excessive speed on grades, and failure to conduct required pre-trip inspections (49 CFR § 396.11).

Proving Negligence: We subpoena maintenance records, driver vehicle inspection reports (DVIRs), and post-crash brake system analyses. Out-of-service inspection histories reveal if the carrier had a pattern of brake violations.

Injuries: High-speed collisions with stopped traffic, often resulting in multi-vehicle pileups, fatalities, and traumatic burn injuries from fires.

Drowsy Driving and Hours of Service Violations

Montana’s position as a crossroads means many truck drivers are pushing hard to make deadlines across vast distances. The hypnotic effect of long, straight highways encourages drowsy driving. When drivers exceed their federally mandated Hours of Service, they become lethal weapons.

Why They Happen: Trucking companies pressure drivers to meet unrealistic delivery schedules. Under 49 CFR Part 395, property-carrying drivers may drive maximum 11 hours after 10 consecutive hours off duty. Violations are rampant in the long-haul industry.

Proving Negligence: ELD data is the smoking gun. It records exactly how long the driver operated, whether they took required 30-minute breaks, and if they used the 34-hour restart provision properly. Dispatch records often show instructions to “keep rolling” despite fatigue.

Injuries: Head-on collisions from drifting into oncoming lanes, sideswipe accidents on narrow county roads, and single-truck rollovers that spill cargo into traffic.

Tire Blowouts and Debris

“Road gators”—shredded tire debris from truck blowouts—are a common hazard on Montana’s hot asphalt in summer. When steer tires blow at high speed, drivers lose control instantly. Debris strikes following vehicles, causing loss of control and chain-reaction crashes.

Why They Happen: Underinflated tires in hot weather, overloaded vehicles exceeding tire capacity, worn tires beyond the 4/32 inch tread depth required for steer tires (49 CFR § 393.75), and failure to conduct pre-trip tire inspections.

Proving Negligence: We examine tire maintenance records, weigh station records showing overweight violations, and the failed tire itself for manufacturing defects.

Injuries: Loss of control crashes, rollover from swerving to avoid debris, and facial trauma from debris penetrating windshields.

Cargo Spills and Hazmat Incidents

Powder River County sees significant oil field traffic transporting chemicals, water, and drilling equipment. When tankers roll over or cargo isn’t properly secured per 49 CFR § 393.100, hazardous materials spill across highways and into waterways.

Why They Happen: Improper securement, failure to adjust speed for curves, and inadequate driver training on hazmat handling (49 CFR Part 172).

Proving Negligence: We examine the bill of lading, securement protocols, and driver certification for transporting hazardous materials. The loading company may share liability with the driver and carrier.

Injuries: Chemical burns, respiratory damage from toxic fumes, and severe burns from fires.

Wide Turn Accidents (“Squeeze Play”)

Large trucks need significant space to turn, often swinging wide into adjacent lanes. On Powder River County’s narrow rural highways or in small towns like Broadus, these swings can catch smaller vehicles in blind spots.

Why They Happen: Failure to properly signal, inadequate mirror checks, and driver inexperience with trailer tracking on narrow roads.

Proving Negligence: Turn signal activation data from ECM, mirror adjustment records, and driver training files.

Injuries: Crushing injuries when caught between truck and curb, or sideswipe impacts that push vehicles into oncoming traffic.

Head-On Collisions

Fatigue, distraction, or medical emergencies can cause truck drivers to cross the centerline on two-lane highways common in rural Montana. These are among the deadliest accidents due to the combined closing speed of both vehicles.

Why They Happen: Driver fatigue exceeding Hours of Service, medically unqualified drivers operating without proper certification (49 CFR § 391.41), and impairment from prescription medications or illegal substances (49 CFR § 392.4).

Proving Negligence: ELD data for fatigue, Driver Qualification File medical certification records, and toxicology reports.

Injuries: Catastrophic injuries or fatalities are almost guaranteed due to the combined mass and velocity.

Federal Regulations That Protect You—And How Trucking Companies Break Them

The Federal Motor Carrier Safety Administration (FMCSA) maintains strict regulations governing commercial trucking. When trucking companies violate these rules, they endanger everyone on Powder River County’s highways. Here are the critical regulations we investigate in every case:

49 CFR Part 391: Driver Qualification Standards

Before a driver can legally operate an 80,000-pound truck on I-90 or I-94, they must possess:

  • A valid Commercial Driver’s License (CDL)
  • A current Medical Examiner’s Certificate (physical qualification)
  • Clean driving record per § 391.15 (no disqualifying offenses)
  • Verified three-year employment history

The Violation: Trucking companies often hire unqualified drivers or fail to verify backgrounds to fill seats quickly. We subpoena the Driver Qualification File—if it’s incomplete or missing, the company is liable for negligent hiring.

49 CFR Part 392: Driving of Commercial Motor Vehicles

Section 392.3: No driver shall operate a CMV while fatigued or ill to the extent it makes driving unsafe.

Section 392.4 & 392.5: Prohibits drug and alcohol use. The legal limit for commercial drivers is 0.04 BAC—half the standard limit.

Section 392.11: Following too closely. The rule requires “reasonable and prudent” following distance given speed and conditions.

Section 392.82: Prohibits handheld mobile phone use while driving. Texting is banned outright.

49 CFR Part 393: Parts and Accessories for Safe Operation

Sections 393.100-136: Cargo must be contained, immobilized, or secured to prevent shifting or falling. The securement system must withstand 0.8g deceleration forward and 0.5g lateral acceleration.

Section 393.40-55: Brake system requirements. All CMVs must have functioning service brakes, parking brakes, and emergency brakes.

Section 393.75: Tire requirements. Minimum tread depth of 4/32 inch on steer tires, 2/32 inch on others.

Section 393.86: Rear impact guards required on trailers manufactured after January 26, 1998, to prevent underride.

49 CFR Part 395: Hours of Service (HOS) Regulations

These are the most commonly violated regulations—and the most deadly:

  • 11-Hour Driving Limit: Cannot drive more than 11 hours after 10 consecutive hours off duty
  • 14-Hour On-Duty Window: Cannot drive beyond the 14th consecutive hour after coming on duty
  • 30-Minute Break: Required after 8 cumulative hours of driving
  • 70-Hour/8-Day Limit: Cannot drive after accumulating 70 on-duty hours in 8 consecutive days (or 60 hours in 7 days)

Electronic Logging Devices (ELD): Since December 18, 2017, most trucks must use ELDs that automatically record driving time and prevent falsification of logs. This data is critical evidence we preserve immediately.

49 CFR Part 396: Inspection, Repair, and Maintenance

Section 396.3: Motor carriers must systematically inspect, repair, and maintain all vehicles.

Section 396.11: Drivers must prepare post-trip inspection reports covering brakes, tires, steering, lights, and other critical systems.

Section 396.17: Annual inspections required, with records retained for 14 months.

Who Can Be Held Liable in Your Powder River County Truck Accident?

Unlike car accidents where usually only one driver is at fault, trucking accidents involve multiple potentially liable parties. We investigate every avenue of recovery to maximize your compensation.

1. The Truck Driver

Direct negligence includes:

  • Speeding or reckless driving for conditions
  • Distraction (cell phone, GPS, eating)
  • Fatigue from violating Hours of Service
  • Impairment (alcohol, drugs, prescription medication)
  • Failure to conduct pre-trip inspections
  • Improper lane changes or turns

We pursue the driver’s personal assets and insurance in addition to corporate coverage.

2. The Trucking Company (Motor Carrier)

Under the doctrine of respondeat superior, employers are responsible for employees’ negligent acts. Additionally, companies are directly liable for:

  • Negligent Hiring: Failing to verify the driver’s CDL, medical certification, or driving history
  • Negligent Training: Inadequate safety training, especially for Montana’s winter conditions
  • Negligent Supervision: Failing to monitor ELD compliance or address known safety violations
  • Negligent Maintenance: Deferring brake repairs or tire replacements to save money
  • Negligent Scheduling: Pressuring drivers to violate HOS regulations to meet delivery windows

The Motor Carrier must maintain minimum insurance of $750,000 for non-hazmat freight, $1 million for oil/equipment transport, and $5 million for hazardous materials—far exceeding passenger vehicle limits.

3. The Cargo Owner/Shipper

Companies that load hazardous materials or overweight cargo may be liable if:

  • They failed to disclose hazardous properties
  • Required overweight loading
  • Improperly balanced the load causing rollover
  • Pressured the carrier to expedite delivery unsafely

4. The Loading Company

Third-party loaders who physically secure cargo may be liable under 49 CFR § 393.100 if:

  • They used insufficient tiedowns (working load limit must equal 50% of cargo weight)
  • Failed to use proper blocking or bracing
  • Loaded unevenly, creating dangerous weight distribution

5. Truck and Parts Manufacturers

Defective design or manufacturing can cause:

  • Brake system failures
  • Tire blowouts from manufacturing defects
  • Stability control system malfunctions
  • Defective underride guards

We retain product liability experts to analyze failed components and research recall histories through NHTSA databases.

6. Maintenance Companies

Third-party mechanics who service fleets may be liable if:

  • They performed negligent repairs
  • Failed to identify critical safety issues
  • Used substandard parts
  • Returned vehicles to service with known defects

7. Freight Brokers

Brokers who arrange transportation may be liable for negligent carrier selection if they:

  • Hired a carrier with poor safety records (low CSA scores)
  • Failed to verify insurance or operating authority
  • Chose the cheapest carrier despite safety concerns

8. The Truck Owner (If Different from Carrier)

In owner-operator arrangements, the equipment owner may bear liability for:

  • Negligent entrustment of the vehicle
  • Failure to maintain owned equipment
  • Knowledge of the driver’s unfitness

9. Government Entities

Though Montana sovereign immunity laws limit liability, government agencies may be responsible if:

  • Road design defects contributed (inadequate banking on curves)
  • Failure to maintain roads (potholes, debris)
  • Inadequate warning signs for known hazards
  • Improper work zone setup on state highways

Multiple Insurance Policies: Each liable party may carry separate insurance. We identify and pursue all available coverage to maximize your recovery.

Catastrophic Injuries and Your Future: What You Deserve

The injuries sustained in 18-wheeler accidents often require lifelong care. We’re not just fighting for a settlement—we’re fighting for your future quality of life.

Traumatic Brain Injury (TBI)

What Happens: The violent forces in truck accidents cause the brain to impact the inside of the skull, resulting in concussions, contusions, or diffuse axonal injury. Even “mild” TBIs can cause permanent cognitive changes.

Lifetime Costs: $1.5 million to $9.8 million+ depending on severity. TBI victims often cannot return to their previous employment and require ongoing cognitive therapy, psychiatric care, and assistance with daily living.

Compensation Includes: Past and future medical expenses, lost earning capacity, loss of enjoyment of life, and damages for permanent cognitive impairment.

Spinal Cord Injury and Paralysis

What Happens: Vertebrae compress or sever the spinal cord, causing paraplegia (lower body paralysis) or quadriplegia (all four limbs affected). Incomplete injuries may leave some sensation but significant disability.

Lifetime Costs: $4.7 million to $25.8 million+. High tetraplegia (C1-C4) carries the highest costs due to ventilator dependence and 24-hour care requirements.

Compensation Includes: Home modifications (ramps, widened doorways), specialized vehicles, wheelchairs and equipment replacements, caregiver costs, and loss of consortium for spouses.

Amputation

What Happens: Limbs crushed beyond repair or severed in the collision, or subsequent surgical removal due to infection or non-viable tissue.

Lifetime Costs: $1.9 million to $8.6 million. Prosthetics require replacement every 3-5 years and cost $5,000 to $50,000+ each.

Compensation Includes: Prosthetic costs, vocational retraining, phantom pain treatment, and psychological counseling for body image trauma.

Severe Burns

What Happens: Fuel fires, hazmat spills, or friction burns from road contact destroy skin and underlying tissue. Third and fourth-degree burns require skin grafting and leave permanent scarring.

Compensation Includes: Reconstructive surgeries, pain management, treatment for contractures (tightening of scar tissue), and significant damages for disfigurement.

Wrongful Death

What Happens: The trucking accident takes the life of your loved one.

Compensation Includes: Lost future income and benefits, loss of companionship and guidance (for children), loss of consortium (for spouses), mental anguish, funeral expenses, and punitive damages if gross negligence is proven.

In Montana, the statute of limitations for wrongful death is typically 3 years, but evidence preservation demands immediate action.

Montana Law and Your Rights

Understanding Montana’s specific legal framework is crucial for Powder River County truck accident victims.

Statute of Limitations

Personal Injury: Montana law provides 3 years from the date of the accident to file a personal injury lawsuit (MCA § 27-2-204). This is longer than many states, but evidence disappears quickly regardless—black box data may be gone in 30 days.

Wrongful Death: Generally 3 years from the date of death.

Claims Against Government: If a government entity is liable (e.g., Montana DOT for road design), strict notice requirements apply—often within 180 days.

Comparative Negligence

Montana follows modified comparative negligence with a 51% bar rule (MCA § 27-1-702). You can recover damages if you are 50% or less at fault for the accident. However, your recovery is reduced by your percentage of fault.

Example: If a jury awards $1 million but finds you 20% at fault, you receive $800,000. If you’re found 51% at fault, you recover nothing.

Trucking companies and their insurers will try to shift blame to you. We fight these allegations with ECM data, accident reconstruction, and expert testimony.

Damages Caps

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 are rare but available in cases of gross negligence or deliberate indifference to safety.

No Cap on Compensatory Damages: Unlike some states, Montana does not limit economic or non-economic damages for personal injury cases. Your full past and future medical expenses, lost wages, and pain and suffering are recoverable.

Minimum Insurance Requirements

Federal law (not state) governs commercial truck insurance:

  • $750,000: Non-hazardous freight
  • $1,000,000: Oil and petroleum products (common in Montana Bakken traffic)
  • $5,000,000: Hazardous materials

Many carriers carry $1-5 million in coverage, providing substantial compensation for catastrophic injuries.

The 48-Hour Evidence Preservation Protocol

In Montana’s vast rural areas, evidence preservation is even more critical than in cities. We move immediately to protect your rights.

Critical Evidence Types

Electronic Control Module (ECM/Black Box): Records speed, braking, throttle position, and fault codes. Overwrites in as little as 30 days or with subsequent driving events.

Electronic Logging Devices (ELD): Proves Hours of Service violations. FMCSA requires 6-month retention, but trucking companies may “lose” this data if not preserved.

Dashcam Footage: Often deleted within 7-14 days unless preserved.

Physical Evidence: The truck itself may be repaired or sold within weeks. Failed components must be preserved for expert analysis.

Witness Statements: In rural Montana, witnesses may be passing truckers who disappear into the interstate system. We locate and interview them immediately.

Surveillance Video: Nearby businesses or traffic cameras may have footage, but systems typically overwrite within days.

The Spoliation Letter

Within 24-48 hours of being retained, we send formal spoliation letters to the trucking company, driver, maintenance companies, and insurers demanding preservation of:

  • All electronic data (ECM, ELD, GPS, telematics)
  • Driver Qualification Files
  • Maintenance and inspection records
  • Dispatch records and communications
  • Drug and alcohol test results
  • Cell phone records
  • Dashcam and surveillance footage

Once this letter is sent, any destruction of evidence constitutes “spoliation,” which courts punish severely—often by instructing juries to assume the destroyed evidence would have helped the plaintiff.

Why Remote Cases Require Faster Action

In Powder River County, where the nearest town might be 50 miles from the accident scene, and the nearest federal courthouse might be in Billings or Great Falls, we often:

  • Deploy local investigators immediately
  • Coordinate with Montana Highway Patrol for evidence holds
  • File emergency motions to prevent vehicle disposal
  • Work remotely with local counsel if necessary (though Ralph Manginello’s federal court admission allows direct representation)

Why Powder River County Chooses Attorney911

When Montana families face trucking giants, they need more than a local attorney—they need a firm with the resources, experience, and tenacity to take on billion-dollar corporations.

Ralph Manginello: 25+ Years of Federal Court Experience

Ralph Manginello founded Attorney911 in 1998 and has dedicated his career to fighting for injury victims. He’s admitted to the U.S. District Court for the Southern District of Texas and licensed in both Texas and New York, giving him the federal authority to handle interstate trucking cases in Montana.

His track record includes:

  • $5+ million for a traumatic brain injury victim (falling log case)
  • $3.8+ million for a car accident victim requiring partial leg amputation
  • $2.5+ million in truck crash recoveries
  • $50+ million total recoveries for clients
  • Active litigation of a $10 million hazing lawsuit against the University of Houston (demonstrating current major litigation capability)
  • Involvement in the BP Texas City Explosion litigation (2005), which resulted in over $2.1 billion in settlements—proving his capability against Fortune 500 corporations

Ralph has built his reputation on treating clients like family. As client Chad Harris said: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Lupe Peña: The Insurance Defense Advantage

Our associate attorney Lupe Peña spent years working at a national insurance defense firm before joining Attorney911. He knows exactly how insurance companies evaluate claims, train adjusters to minimize payouts, and use software like Colossus to undervalue injuries.

Now he uses that insider knowledge against them. When the trucking company’s insurer tries to lowball you or claims you’re “partially at fault” for the accident, Lupe recognizes their playbook immediately and counters every tactic.

Lupe is also fluent in Spanish—critical for Montana’s growing Latino workforce in agriculture and oil fields. Hablamos Español.

We Take Cases Other Firms Reject

Client Donald Wilcox put it best: “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.”

We don’t shy away from difficult cases or complex litigation. If the trucking company claims you were at fault, we bring in accident reconstruction experts to prove otherwise. If they say your injuries aren’t serious, we document every medical necessity.

Our Results Speak for Themselves

  • $50+ million recovered for clients
  • 4.9-star average on Google Reviews (251+ reviews)
  • Multi-million dollar settlements in traumatic brain injury, amputation, and wrongful death cases
  • 251+ satisfied clients who refer their friends and family

Client Glenda Walker said: “They fought for me to get every dime I deserved.”

Client Kiimarii Yup shared: “I lost everything… 1 year later I have gained so much in return plus a brand new truck.”

Three Offices, Montana Service

While our physical offices are in Houston, Austin, and Beaumont, Texas, we handle cases throughout the United States, including Montana. Ralph Manginello’s federal court admission allows him to practice in federal courts nationwide, and we associate with qualified Montana counsel when state court proceedings require local admission.

For Powder River County clients, we offer:

  • Remote consultations via Zoom or phone
  • Immediate travel to Montana for evidence preservation and client meetings
  • Coordination with local medical providers and experts
  • No fee unless we win—zero upfront costs

Frequently Asked Questions: Powder River County Truck Accidents

What should I do immediately after an 18-wheeler accident in Powder River County?

First, ensure your safety and call 911. Seek medical attention immediately—even if you feel fine, adrenaline masks serious injuries. If possible, photograph the truck’s DOT number, license plates, and damage. Get witness contact information. Do NOT give a recorded statement to the trucking company’s insurance. Call Attorney911 at 1-888-ATTY-911 immediately so we can send a spoliation letter to preserve black box data before it disappears.

How long do I have to file a lawsuit in Montana?

Montana law provides 3 years from the accident date for personal injury claims. However, waiting is dangerous. Critical evidence like ECM data can be overwritten in 30 days. Witnesses disappear. We recommend contacting an attorney within days, not months.

Can I still recover if I was partially at fault for the accident?

Yes, under Montana’s modified comparative negligence rule, you can recover damages if you are 50% or less at fault. Your recovery is reduced by your percentage of fault. However, if you’re found 51% or more at fault, you recover nothing. We fight aggressively to minimize any attributed fault and prove the truck driver was primarily responsible.

What if the truck driver was from another state?

This is common on I-90 and I-94. Federal law governs interstate trucking, and Ralph Manginello’s federal court admission allows him to represent you regardless of where the driver or trucking company is headquartered. We handle the jurisdictional complexities.

How much is my Powder River County trucking accident case worth?

There’s no “average” settlement—every case is unique. Factors include injury severity, medical costs, lost wages, pain and suffering, and available insurance coverage (typically $750,000 to $5 million for commercial trucks). We’ve recovered millions for catastrophic injury cases. Call us for a free evaluation of your specific situation.

What if the trucking company offers me a settlement quickly?

Do not accept it. Early offers are “lowball” offers designed to pay you far less than you deserve before you understand the full extent of your injuries. Some injuries, like TBIs or spinal damage, worsen over time. Once you accept a settlement, you waive your right to additional compensation forever. Let us review any offer before you sign.

How do you prove the truck driver was fatigued?

We subpoena ELD (Electronic Logging Device) data, which records driving hours, duty status, and GPS location. We also examine dispatch records and cell phone records. 49 CFR Part 395 limits drivers to 11 hours of driving time after 10 hours off duty. Violations prove negligence.

Can I sue for punitive damages in Montana?

Punitive damages are available if the trucking company acted with “conscious indifference to the safety of others” or deliberate negligence. Examples include knowingly hiring drivers with dangerous records, falsifying maintenance logs, or instructing drivers to violate Hours of Service regulations. Montana caps punitive damages at $10 million or 3% of net worth.

What if my loved one was killed in the accident?

You may file a wrongful death lawsuit. Montana law allows recovery for lost future income, loss of companionship, mental anguish, and funeral expenses. The statute of limitations is generally 3 years from death, but immediate investigation is crucial.

Do you handle cases involving Montana agricultural trucks?

Yes. We handle accidents involving grain haulers, livestock transports, and farm equipment carriers. These cases often involve unique regulations and insurance issues, and we have experience with the specific hazards of agricultural trucking on rural roads.

How do I pay for medical treatment while my case is pending?

We can help arrange treatment with medical providers who accept payment upon settlement (under a Letter of Protection). You focus on healing; we focus on winning your case. We also help coordinate with your health insurance and pursue the trucking company’s insurance for immediate medical costs when possible.

What makes Attorney911 different from local Montana firms?

While we respect local counsel, trucking accidents require specialized federal expertise. We have 25+ years of experience specifically in trucking litigation, insider knowledge from former insurance defense attorneys, and the resources to take on national carriers. We combine this expertise with personalized attention—you’ll work directly with Ralph Manginello, not just a paralegal.

Hablan español? ¿Pueden ayudarme con mi caso de accidente de camión?

Sí. Nuestro abogado asociado Lupe Peña habla español con fluidez y puede representarle directamente sin necesidad de intérpretes. Llame al 1-888-ATTY-911 para una consulta gratis.

Call Attorney911 Now: Your Fight Starts Today

The trucking company that hit you has already called their lawyers. Their insurance adjuster is already working to minimize your claim. Their rapid-response team is already at the scene or heading there.

What are you doing to protect yourself?

You have three years to file a lawsuit in Montana, but you have only days to preserve the evidence that will win your case. Black box data overwrites. Witnesses forget. The truck gets repaired or sold.

At Attorney911, we believe hardworking Montanans deserve a fighting chance against corporate giants. Ralph Manginello has spent 25 years making trucking companies pay for the lives they’ve destroyed. Lupe Peña knows every dirty trick the insurance companies play—and he knows how to beat them.

We’ve recovered over $50 million for families just like yours. We’ve taken cases other firms rejected and turned them into handsome settlements. We treat you like family, not a file number.

There’s no fee unless we win. We advance all investigation costs. You pay nothing upfront.

If you’ve been injured in an 18-wheeler accident in Powder River County—whether on I-90 near Broadus, on a remote county road, or anywhere in southeastern Montana—call us now.

1-888-ATTY-911
(1-888-288-9911)

We’re available 24/7. We’ll answer your call, evaluate your case for free, and if you hire us, we’ll send preservation letters within 24 hours to protect the evidence that will prove your case.

Don’t let the trucking company win. Don’t settle for less than you deserve. Don’t wait until it’s too late.

Call Attorney911 today. Because in Powder River County, justice shouldn’t depend on how big the trucking company is—it should depend on how hard your lawyer fights.

Attorney911 / The Manginello Law Firm, PLLC
Serving Truck Accident Victims in Powder River County, Montana, and Nationwide
Houston • Austin • Beaumont

Hablamos Español. Llame al 1-888-ATTY-911.

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