18-Wheeler Accident Lawyers in Toole County, Montana
When 80,000 Pounds Changes Everything in Shelby
It happens fast. One moment you’re driving along US-2 past the wheat fields outside Shelby, or heading north toward the Sweetgrass border crossing on I-15. The next moment, an 80,000-pound semi has crossed the centerline, blown through a stop sign, or lost control on black ice. In an instant, your life changes forever.
Tooele County sits at the crossroads of some of Montana’s busiest freight corridors. Interstate 15 carries Canadian trade south toward Great Falls and beyond, while US-2 serves as a vital east-west artery through the Hi-Line. This isn’t just big-sky country—it’s big-rig country. And when these massive commercial trucks crash in Tooele County, the results are often catastrophic.
If you or someone you love has been hurt in a trucking accident anywhere in Tooele County—from Shelby to Sweetgrass, Kevin to Sunburst—you need more than just a personal injury lawyer. You need an 18-wheeler accident attorney who understands federal trucking regulations, who knows how to preserve critical evidence before it disappears, and who has the resources to stand up to major trucking companies and their insurers.
Ralph Manginello has spent over 25 years fighting for injury victims across the United States. Since 1998, he and the team at Attorney911 have recovered more than $50 million for families just like yours. Our firm includes associate attorney Lupe Peña, a former insurance defense attorney who spent years working for big insurance companies before joining our team. He knows exactly how trucking insurers evaluate claims, minimize payouts, and deny legitimate cases—and now he uses that insider knowledge to fight for you. We have offices in Houston, Austin, and Beaumont, and we handle serious trucking accident cases throughout Montana and nationwide.
Time is critical. Black box data can be overwritten in 30 days. Trucking companies deploy rapid-response teams immediately after a crash. Every hour you wait, evidence disappears. Call 1-888-ATTY-911 now for a free consultation.
Why 18-Wheeler Accidents in Tooele County Are Different
The Physics of Devastation
When a passenger vehicle collides with a commercial truck, physics isn’t on your side. A fully loaded semi-truck can weigh up to 80,000 pounds under federal law. Your car probably weighs around 4,000 pounds. That’s a 20-to-1 weight ratio working against you.
At 65 miles per hour—common speeds on I-15 through Tooele County—a loaded truck needs approximately 525 feet to stop. That’s nearly two football fields. On icy winter roads along the Hi-Line, that stopping distance doubles or triples. When a truck driver is following too closely, driving distracted, or suffering from fatigue after long hours behind the wheel, they simply cannot stop in time to avoid a collision.
The results are devastating. While the truck driver might walk away with minor injuries, victims in passenger vehicles often suffer catastrophic trauma: traumatic brain injuries, spinal cord damage, amputations, and wrongful death.
Tooele County’s Unique Trucking Hazards
Tooele County presents specific dangers for commercial trucking that contribute to serious accidents:
Severe Winter Conditions: Blizzards sweep across the Hi-Line with little warning. Black ice on US-2 and I-15 has caused countless jackknife accidents. High winds in the Bear Paw Mountains can topple high-profile trailers. When trucking companies fail to equip their drivers for Montana winter conditions—or pressure them to meet deadlines despite weather warnings—they put everyone at risk.
Long-Haul Fatigue: I-15 connects Canada to the rest of the United States. Drivers hauling freight from Edmonton to Great Falls, Salt Lake City, or beyond often push beyond federal hours-of-service limits. Fatigued truckers frequently cause single-vehicle rollovers and cross-centerline collisions on the long, monotonous stretches through Tooele County.
Agricultural and Oilfield Traffic: Tooele County sits near the edge of the Bakken formation activity. Oilfield trucks, combine harvesters, and heavy equipment share narrow rural roads. Overloaded trucks, improperly secured cargo, and drivers unfamiliar with rural Montana traffic patterns create dangerous conditions.
Border Crossing Commerce: The Sweetgrass/Coutts border crossing is one of the busiest ports of entry between the United States and Canada. This generates significant truck traffic through Tooele County—traffic that includes international carriers, hazmat shipments, and drivers who may not be familiar with Montana highways.
Montana Law: What You Need to Know After a Tooele County Trucking Accident
Time Is Limited: Montana’s Statute of Limitations
Under Montana law, you have three years from the date of your trucking accident to file a personal injury lawsuit. This is longer than the two-year limit in many states like Texas, but waiting is never advisable. Evidence disappears quickly in rural Montana. Witnesses move away. Electronic data gets overwritten. The sooner you contact an attorney, the stronger your case will be.
Comparative Fault Rules in Montana
Montana follows a “modified comparative negligence” rule with a 51% bar. This means you can recover compensation as long as you are 50% or less at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if a Tooele County jury finds you 20% responsible for the crash and awards $1 million, you would receive $800,000.
If you are found 51% or more at fault, you recover nothing. Trucking companies and their insurers know this rule well, and they will try to shift blame onto you. This is why having an experienced attorney who can gather objective evidence—black box data, ELD logs, and witness statements—is crucial.
Punitive Damages Caps
Montana law caps punitive damages (money intended to punish gross negligence) at the greater of $10 million or 3% of the defendant’s net worth. While this cap exists, experienced trucking accident attorneys know how to build cases that justify significant punitive awards when trucking companies act with reckless disregard for safety.
Types of 18-Wheeler Accidents in Tooele County
Rollover Accidents on Rural Highways
Rollovers are among the most common and deadly trucking accidents in northeastern Montana. A truck’s high center of gravity, combined with the sharp curves and cambered roads near the Bear Paw Mountains, creates instability. When drivers take curves too fast on US-2—especially with improperly loaded wheat, barley, or oilfield equipment—the trailer can tip.
Why they happen: Speeding on curves, improperly secured cargo causing sudden weight shifts, driver inexperience with Montana’s rural highways, and overcorrection after tire blowouts.
Who’s liable: The driver for unsafe operation, the trucking company for negligent training, the cargo loading company for improper weight distribution, and potentially the maintenance company if tire or brake failures contributed.
The injuries: Crushing injuries, traumatic brain injury from overturned cabs, and secondary collisions when the truck blocks both lanes of traffic.
Jackknife Accidents on Icy Interstates
When a truck driver brakes hard on icy patches of I-15, the trailer can swing out perpendicular to the cab, creating a “jackknife” that blocks multiple lanes. These accidents often trigger multi-vehicle pile-ups during winter storms.
Why they happen: Following too closely, sudden braking on slippery surfaces, empty or light trailers that lack traction, and brake system imbalances.
The FMCSA violation: 49 CFR § 396.13 requires drivers to be satisfied their vehicle is safe before driving. Skipping pre-trip inspections in winter conditions violates this rule. Additionally, 49 CFR § 392.6 prohibits operating at speeds unsafe for conditions.
Underride Collisions
In an underride accident, a smaller vehicle slides underneath the trailer of an 18-wheeler. These are particularly deadly on rural Montana highways where trucks may stop unexpectedly for slow-moving agricultural equipment or wildlife.
Why they happen: Missing or damaged rear underride guards, sudden stops without adequate warning, and low visibility during Montana’s frequent dust storms or heavy snowfall.
The regulation: 49 CFR § 393.86 requires rear impact guards on trailers. When these guards fail or are improperly maintained, fatalities result.
Brake Failure on Mountain Grades
While Tooele County doesn’t have the steep grades of the Rocky Mountain passes to the west, the rolling terrain and long descents toward the Milk River can cause brake fade. When brakes overheat from overuse, they fail completely.
Why they happen: Poor maintenance, failure to inspect brake systems, and driver inexperience with downhill braking techniques.
The FMCSA violation: 49 CFR § 396.11 requires post-trip inspection reports noting brake condition. 49 CFR § 393.40 mandates proper brake systems. When trucking companies defer maintenance to save money, they violate these regulations and endanger lives.
Fatigue-Related Collisions
The long, straight stretches of US-2 through Tooele County tempt drivers to push beyond federal hours-of-service limits. Drowsy driving causes lane departures, rear-end collisions, and head-on crashes.
Why they happen: Violations of 49 CFR Part 395 (Hours of Service), pressure from carriers to meet delivery deadlines, and untreated sleep apnea.
The evidence: Electronic Logging Devices (ELDs) record driving time and duty status. This data proves when drivers exceed the 11-hour driving limit or fail to take required 30-minute breaks after 8 hours.
Cargo Spills and Lost Loads
Agricultural products, oilfield equipment, and Canadian freight move through Tooele County daily. When cargo isn’t secured per federal standards, it spills onto highways creating hazards for other drivers or causes the truck to become unstable.
Why they happen: Violations of 49 CFR §§ 393.100-136 (cargo securement standards). Inadequate tiedowns, failure to account for load shift on curves, and overloading beyond vehicle capacity.
FMCSA Regulations: The Rules Trucking Companies Break
The Federal Motor Carrier Safety Administration (FMCSA) regulates every commercial truck operating in interstate commerce. When trucking companies violate these rules, they create the conditions for catastrophic accidents. Here are the critical regulations we investigate in every Tooele County trucking case:
49 CFR Part 390 – General Applicability
This establishes who must comply with federal rules. Any vehicle with a gross vehicle weight rating over 10,001 pounds engaged in interstate commerce must follow FMCSA regulations.
49 CFR Part 391 – Driver Qualification
Before a trucking company allows anyone to operate their vehicles, they must verify the driver:
- Is at least 21 years old (for interstate commerce)
- Holds a valid Commercial Driver’s License (CDL)
- Has passed a physical exam within the last 24 months
- Can read and speak English sufficiently to understand road signs
- Has a clean driving record or disclosed violations
Why this matters for your case: If the driver who hit you in Tooele County had a suspended CDL, a history of DUIs the company didn’t investigate, or a medical condition that should have disqualified them, the trucking company may be liable for negligent hiring.
49 CFR Part 392 – Driving of Commercial Motor Vehicles
This section contains the rules of the road for truckers:
- § 392.3: No driving while impaired by fatigue, illness, or any cause making operation unsafe
- § 392.5: No alcohol use within 4 hours of driving or while on duty
- § 392.6: No scheduling trips that require speeding
- § 392.11: No following another vehicle more closely than is reasonable and prudent
- § 392.82: No texting or hand-held mobile phone use while driving
49 CFR Part 393 – Parts and Accessories Necessary for Safe Operation
This governs vehicle equipment:
- § 393.40-55: Brake system requirements
- § 393.75: Tire standards (minimum tread depth of 4/32″ on steer tires)
- § 393.86: Rear underride guards
- §§ 393.100-136: Cargo securement standards requiring loads be contained, immobilized, or secured to prevent shifting
49 CFR Part 395 – Hours of Service (HOS)
These are the most commonly violated regulations in trucking accidents:
- 11-Hour Rule: Maximum 11 hours of driving after 10 consecutive hours off duty
- 14-Hour Rule: Cannot drive beyond the 14th consecutive hour after coming on duty
- 30-Minute Break: Required after 8 cumulative hours of driving
- 60/70-Hour Rule: No driving after 60 hours in 7 days or 70 hours in 8 days
Since December 2017, most trucks must use Electronic Logging Devices (ELDs) to track these hours automatically. This data is objective evidence that often proves the driver was fatigued or the company pressured them to violate limits.
49 CFR Part 396 – Inspection, Repair, and Maintenance
- § 396.3: Requires systematic inspection, repair, and maintenance of vehicles
- § 396.11: Mandates driver post-trip inspection reports for each day the vehicle is operated
- § 396.17: Requires annual inspections by qualified mechanics
When trucking companies skip maintenance schedules to save money, brake failures and tire blowouts result.
Liable Parties: Who Can You Sue?
Unlike a simple car accident, 18-wheeler crashes often involve multiple defendants. We investigate every potential source of recovery:
1. The Truck Driver
Individual liability exists if the driver was texting, impaired, fatigued, speeding, or otherwise negligent. We obtain cell phone records, drug test results, and driving history.
2. The Trucking Company (Motor Carrier)
Under the doctrine of respondeat superior, employers are liable for their employees’ negligence within the scope of employment. Additionally, trucking companies are directly liable for:
- Negligent hiring: Failing to verify CDL status or check driving records
- Negligent retention: Keeping drivers with multiple violations
- Negligent supervision: Failing to monitor ELD data or address safety violations
- Negligent maintenance: Ignoring vehicle upkeep to cut costs
3. The Cargo Owner and Loading Company
Whoever loaded the truck may be liable if improper weight distribution or inadequate securement caused the accident. Shippers who demand overloaded trucks or failed to disclose hazardous cargo characteristics share responsibility.
4. The Maintenance Company
Third-party mechanics who performed faulty brake repairs or failed to identify dangerous tire wear can be held liable for negligent maintenance.
5. Truck and Parts Manufacturers
If defective brakes, tires, steering systems, or other components caused the crash, product liability claims against manufacturers may apply.
6. Freight Brokers
Brokers who arrange transportation have a duty to select safe carriers. If a broker chose a trucking company with a terrible safety record to save money, they may share liability.
7. Government Entities
If dangerous road design, missing guardrails, or lack of warning signs contributed to the accident, county or state highway departments may bear partial responsibility.
Critical Evidence: The 48-Hour Rule
In the aftermath of a Tooele County trucking accident, evidence disappears fast. The trucking company has already called its lawyers. Their insurance adjuster is already working to minimize your claim. You need to act immediately.
Electronic Evidence That Overwrites Quickly
ECM/Black Box Data: The Engine Control Module records speed, braking, throttle position, and fault codes. This data can be overwritten within 30 days or with new driving cycles.
ELD Records: Electronic Logging Devices track hours of service. FMCSA only requires retention for 6 months, and some carriers delete it sooner.
Dashcam Footage: Forward-facing and cab-facing cameras often record on loops, erasing critical footage within days.
Surveillance Video: Gas stations, truck stops, and businesses along US-2 and I-15 may have captured the crash on camera, but most systems overwrite footage within 7-30 days.
Our Immediate Response
When you call Attorney911 at 1-888-ATTY-911, we:
- Send spoliation letters within 24 hours demanding preservation of all electronic data, maintenance records, and driver files
- Deploy investigators to photograph the scene, document road conditions, and interview witnesses before memories fade
- Subpoena ELD and ECM data before it can be deleted
- Obtain the Driver Qualification File to check for hiring violations
- Canvass for security camera footage from businesses near the accident scene
As client Donald Wilcox told us after we took his case: “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.”
Catastrophic Injuries and Your Future
The injuries sustained in 18-wheeler accidents often change lives permanently. Our firm handles the most serious cases, including:
Traumatic Brain Injury (TBI)
Montana’s rural healthcare system means TBI patients may need transport to Great Falls, Billings, or even out of state for specialized care. Settlement ranges for moderate to severe TBI typically run from $1.5 million to $9.8 million or more, depending on the need for lifelong cognitive rehabilitation.
Spinal Cord Injuries and Paralysis
The force of a truck collision can fracture vertebrae and damage the spinal cord. Paraplegia and quadriplegia cases often result in settlements from $4.7 million to $25 million to cover lifetime care, home modifications, and lost earning capacity.
Amputations
When a crushed limb cannot be saved, amputation results. These cases typically settle for $1.9 million to $8.6 million to cover prosthetics (which need replacement every few years), rehabilitation, and vocational retraining.
Wrongful Death
When a trucking accident takes a loved one in Tooele County, families can recover for lost income, loss of companionship, funeral expenses, and mental anguish. Wrongful death settlements often range from $1.9 million to $9.5 million.
As Glenda Walker, one of our clients, said: “They fought for me to get every dime I deserved.”
Insurance Coverage in Trucking Accidents
Federal law requires commercial trucks to carry minimum liability insurance:
- $750,000 for non-hazardous freight
- $1,000,000 for oil and large equipment transport
- $5,000,000 for hazardous materials
Many carriers carry $1 million to $5 million in coverage. This significantly exceeds the $30,000 minimum required for private vehicles in Montana. However, accessing these policies requires proving liability under federal regulations—which is why you need an attorney who understands FMCSA rules.
Our associate attorney Lupe Peña used to defend insurance companies. He knows they will:
- Offer quick, low settlements before you understand your injuries
- Blame you for the accident to invoke Montana’s comparative fault rules
- Claim your injuries are “pre-existing”
- Use recorded statements against you
Don’t let them. Hablamos Español. Llame al 1-888-ATTY-911.
Frequently Asked Questions: Tooele County Trucking Accidents
What should I do immediately after a truck accident near Shelby?
Call 911 immediately. Seek medical attention even if you feel okay—adrenaline masks serious injuries. Document everything: take photos of the truck, your vehicle, the road conditions, and any skid marks. Get the driver’s CDL information, trucking company name, and DOT number. Do not give a recorded statement to any insurance company. Call Attorney911 at 1-888-ATTY-911.
How long do I have to file a lawsuit in Montana?
Three years from the date of the accident. However, waiting is dangerous. Evidence disappears, witnesses move, and electronic data gets overwritten. Contact us immediately.
What if the trucking company is from Canada?
Many trucks passing through Tooele County are Canadian carriers heading to or from the Sweetgrass border. These cases involve additional complexities, including international treaties and jurisdictional issues. Ralph Manginello is admitted to federal court and can handle these complex cross-border cases.
Can I recover damages if I was partially at fault?
Yes, as long as you are 50% or less at fault. Your recovery will be reduced by your percentage of fault. However, trucking companies often try to exaggerate your fault. We use ECM data and accident reconstruction to prove the truth.
How much is my case worth?
It depends on the severity of your injuries, your medical expenses, lost wages, and the degree of negligence involved. Because trucks carry higher insurance limits than cars, catastrophic injury cases often result in significant settlements. We’ve recovered millions for clients with serious injuries.
Will my case go to trial?
Most trucking accident cases settle before trial, but we prepare every case as if it’s going to court. Insurance companies know which lawyers are willing to try cases—and they pay more to avoid facing Ralph Manginello in front of a Montana jury. Our current $10 million lawsuit against the University of Pi Kappa Phi fraternity demonstrates our willingness to take on complex litigation when necessary.
How do I pay for an attorney?
We work on contingency. You pay nothing upfront. We receive 33.33% if we settle before trial, and 40% if we go to trial. If we don’t win, you pay nothing. We advance all case costs, including expert witnesses and investigation expenses.
What if I don’t have health insurance?
We can help you find medical providers who will treat you under a Letter of Protection—meaning they get paid when your case settles. Don’t let lack of insurance prevent you from getting the care you need.
The Attorney911 Difference
When you choose Attorney911 for your Tooele County trucking accident case, you get:
25+ Years of Experience: Ralph Manginello has been fighting for injury victims since 1998. He’s admitted to federal court and has gone toe-to-toe with Fortune 500 corporations, including BP in the Texas City Refinery explosion litigation that resulted in over $2.1 billion in total industry settlements.
Insider Knowledge: Lupe Peña worked for national insurance defense firms before joining our team. He knows the playbook insurance companies use to deny claims, and he uses that knowledge to maximize your recovery.
Multi-Million Dollar Results: We’ve recovered $5+ million for traumatic brain injury victims, $3.8+ million for amputation cases, and $2+ million for maritime and trucking accident victims.
Family Treatment: As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Spanish Language Services: Lupe Peña is fluent in Spanish. We serve Montana’s Hispanic agricultural and trucking community without interpreters.
24/7 Availability: Legal emergencies don’t wait for business hours. Call 1-888-ATTY-911 any time, day or night.
Serving All of Tooele County and Beyond
Whether your accident occurred on I-15 near Sweetgrass, US-2 through Shelby, or on the rural roads connecting Kevin, Sunburst, and Cut Bank, we’re here to help. We understand the unique challenges of rural Montana litigation, from accessing medical care in frontier counties to working with local law enforcement in small communities.
Toole County deserves the same aggressive legal representation available in big cities. With offices in Houston, Austin, and Beaumont—and the ability to travel to Montana for your case—we bring big-firm resources with small-firm attention.
The trucking company that hit you has lawyers working right now to protect their interests. You deserve someone working just as hard for you.
Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free consultation. No fees unless we win. Ralph Manginello is ready to fight for you.
Attorney911 | The Manginello Law Firm, PLLC
1177 West Loop South, Suite 1600, Houston, TX 77027
316 West 12th Street, Suite 311, Austin, TX 78701
Serving Tooele County, Montana and nationwide
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