18-Wheeler & Trucking Accident Attorneys in Dawes County, Nebraska
When the Unthinkable Happens on Nebraska’s Highways, We’re Here to Fight for You
Life in Dawes County moves at its own pace—until an 80,000-pound semi-truck changes everything in an instant. Whether you’re traveling US-20 through Chadron, hauling cattle near Crawford, or commuting through Whitney, the reality is stark: when a commercial truck collides with a passenger vehicle, physics isn’t fair. Dawes County drivers face unique risks on our long, open stretches of highway, and when trucking companies cut corners, innocent people pay the price.
We’ve spent over 25 years fighting for families devastated by 18-wheeler accidents. Ralph Manginello, our managing partner, has been admitted to federal court and has gone toe-to-toe with Fortune 500 corporations like BP. But what matters most isn’t our past—it’s what we can do for you right now, today, in Dawes County. Our associate attorney, Lupe Peña, spent years working inside the insurance industry before joining our team. He knows exactly how trucking insurers try to minimize claims because he used to defend them. Now he uses that insider knowledge to fight for victims across Dawes County and throughout Nebraska.
When the black box data is disappearing and the trucking company has already called their lawyers, you need someone who moves fast. Call Attorney911 at 1-888-ATTY-911—we answer 24/7.
Why Dawes County Trucking Accidents Are Different
The wide-open skies and rolling hills of Dawes County create beautiful scenery, but they also create deadly conditions for truck crashes. Unlike urban areas with constant traffic and lower speed limits, our rural highways—particularly US-20 and US-385—feature long, monotonous stretches where driver fatigue becomes lethal. Trucks barrel through at 65-70 mph, hauling agricultural products, cattle, and interstate freight between Nebraska and Wyoming.
In Dawes County, we see specific types of trucking accidents that reflect our geography:
- Fatigue-related rear-end collisions on long stretches between Chadron and Crawford where drivers nod off after violating hours-of-service regulations
- Jackknife accidents on icy US-20 during Nebraska winters, often caused by truckers driving too fast for conditions or failing to properly inspect brakes
- Rollovers on curves near the Pine Ridge, frequently caused by improperly loaded agricultural cargo shifting during transport
- Underride collisions at rural intersections where trucks fail to yield or stop properly
The physics are brutal. A fully loaded 18-wheeler weighs 20 to 25 times more than your average sedan. At highway speeds, a truck needs nearly two football fields to stop—525 feet at 65 mph. When a truck driver is distracted, fatigued, or impaired by the time they reach Dawes County after a long haul across the plains, that distance becomes a death sentence for whoever is in their path.
Nebraska Law: Your Rights After a Truck Accident in Dawes County
Understanding Nebraska’s legal landscape is crucial for protecting your recovery. Unlike some states that give you only one or two years, Nebraska provides a 4-year statute of limitations for personal injury claims stemming from trucking accidents. However, waiting is never wise—evidence disappears fast, and trucking companies start building their defense within hours.
Nebraska follows a modified comparative negligence rule with a 50% bar. This means you can recover compensation as long as you were not 50% or more at fault for the accident. If you were partially responsible—for example, if icy conditions on US-20 contributed to the crash—your recovery will be reduced by your percentage of fault. But if the truck driver was primarily at fault, you can still recover significant damages.
Unlike some states that cap damages, Nebraska places no statutory cap on punitive damages in personal injury cases. When a trucking company acts with gross negligence—such as knowingly putting a fatigued driver on the road or falsifying maintenance records—you may be entitled to punitive damages designed to punish the company and deter future misconduct.
For wrongful death claims in Dawes County, Nebraska requires that the lawsuit be filed by the personal representative of the deceased’s estate, typically on behalf of surviving spouse, children, or parents. The statute of limitations for wrongful death is generally 2 years from the date of death, shorter than the personal injury window, so families must act quickly to preserve their rights.
Federal Regulations That Protect Dawes County Drivers
Every 18-wheeler operating in Dawes County is subject to stringent Federal Motor Carrier Safety Administration (FMCSA) regulations. These aren’t just technicalities—they’re life-saving rules that trucking companies violate every day.
Hours of Service Violations (49 CFR Part 395)
Truck drivers cannot drive more than 11 hours after 10 consecutive hours off duty. They cannot be on duty beyond the 14th consecutive hour after coming on duty. Yet on long hauls through Dawes County—perhaps heading west toward Wyoming or east toward Valentine—we frequently see drivers pushing past these limits to meet delivery deadlines.
Since December 18, 2017, most trucks must use Electronic Logging Devices (ELDs) that automatically record driving time. This data is objective proof of violations. We subpoena ELD records immediately to show when drivers exceeded legal limits, and we cross-reference that data with ECM (black box) data showing speed and braking patterns at the time of the crash.
Driver Qualification Standards (49 CFR Part 391)
Trucking companies must maintain a Driver Qualification (DQ) File for every driver. This includes:
- Valid Commercial Driver’s License (CDL)
- Medical examiner’s certification (renewed every 2 years maximum)
- Annual driving record reviews
- Pre-employment drug and alcohol testing
- Background checks of previous employers
When we investigate Dawes County trucking accidents, we demand these files. We’ve found cases where trucking companies hired drivers with multiple safety violations or failed to conduct proper medical screenings—creating liability for negligent hiring.
Vehicle Maintenance Requirements (49 CFR Part 396)
Federal law requires systematic inspection, repair, and maintenance of all commercial vehicles. Drivers must complete pre-trip inspections, and companies must retain maintenance records for 14 months. Brake defects cause 29% of large truck crashes. On Dawes County’s steep grades and through harsh winters, proper brake maintenance isn’t optional—it’s life-critical.
We subpoena maintenance logs to prove when companies deferred repairs or ignored known defects. If a truck’s brakes failed on an icy stretch of US-20 near Chadron because the company skipped inspections, that’s not just negligence—that’s potentially gross negligence warranting punitive damages.
Cargo Securement Rules (49 CFR Part 393)
Nebraska’s agricultural economy means trucks haul cattle, grain, and equipment across Dawes County daily. Federal rules require cargo to be secured to withstand forces of 0.8g deceleration forward, 0.5g acceleration rearward, and 0.5g lateral. When cattle shift or grain loads settle improperly on curves near Crawford, rollovers happen. We investigate loading company liability alongside driver and carrier responsibility.
The Catastrophic Injuries 18-Wheelers Cause in Dawes County
The violence of a truck collision doesn’t just cause broken bones—it shatters lives. In Dawes County, where emergency medical services may be 20-30 minutes away from rural crash sites on US-385 or US-20, injuries often become more severe due to delayed treatment.
Traumatic Brain Injury (TBI)
The sheer force of an 80,000-pound truck impact causes the brain to slam against the skull’s interior walls, shearing neural connections. TBI symptoms may not appear immediately—victims in Dawes County might feel “fine” at the scene near Chadron State Park, only to develop severe headaches, confusion, and personality changes days later.
Moderate to severe TBI cases typically require lifelong care. Our firm has recovered settlements ranging from $1,548,000 to over $9,838,000 for traumatic brain injury victims, accounting for future medical needs, lost earning capacity, and diminished quality of life.
Spinal Cord Injuries and Paralysis
When an 18-wheeler crushes a passenger compartment or causes rollover trauma, spinal cord injuries result in paraplegia or quadriplegia. The lifetime costs for a quadriplegic injury can exceed $5 million in medical care alone. We’ve secured settlements between $4,770,000 and $25,880,000 for spinal cord injury cases, ensuring victims have resources for wheelchairs, home modifications, and 24/7 care.
Amputations
Crushing injuries from truck underrides or rollovers often require surgical amputation. Beyond the initial trauma, victims face prosthetics (costing $5,000-$50,000 each), replacement every few years, phantom limb pain, and permanent disability. Our amputation case results range from $1,945,000 to $8,630,000, reflecting the lifelong impact of these devastating injuries.
Wrongful Death
When a trucking accident takes a life in Dawes County—perhaps a spouse traveling between Crawford and Chadron, or a parent commuting to work—the family is left with crushing grief and financial devastation. Nebraska wrongful death claims can recover lost future income, loss of consortium, mental anguish, funeral expenses, and punitive damages when gross negligence is proven. We’ve recovered between $1,910,000 and $9,520,000 in wrongful death trucking cases.
Every Party Who May Be Liable for Your Dawes County Accident
Most law firms only sue the driver and trucking company. We dig deeper. In 18-wheeler cases, multiple parties often share liability, and each may carry separate insurance policies.
The Truck Driver: Direct negligence for speeding, distraction, fatigue, or impairment. We examine cell phone records, ELD data, and drug/alcohol test results.
The Trucking Company/Motor Carrier: Vicarious liability under respondeat superior, plus direct negligence for negligent hiring, training, supervision, and maintenance. We investigate CSA (Compliance, Safety, Accountability) scores and patterns of violations.
The Cargo Owner/Shipper: Companies loading cattle or grain in Dawes County may overload trucks or pressure drivers to exceed hours-of-service limits to meet delivery schedules.
The Loading Company: Third-party loaders who fail to properly secure cargo, leading to shifts that cause rollovers on curves near Whitney or Marsland.
The Truck/Parts Manufacturer: Defective brakes, steering systems, or tires that fail on Nebraska highways. We investigate recalls and similar complaint histories.
The Maintenance Company: Third-party mechanics who performed negligent brake repairs or failed to identify safety hazards during inspections.
The Freight Broker: Companies who arrange shipping but fail to verify carrier safety records or hire fly-by-night operators to save money.
The Truck Owner: In owner-operator arrangements, the equipment owner may bear separate liability for negligent entrustment or maintenance failures.
Government Entities: When dangerous road design, inadequate signage, or lack of guardrails on known hazardous curves contribute to Dawes County accidents, we pursue claims against responsible agencies—though sovereign immunity limits and strict notice requirements apply.
Lupe Peña’s background as a former insurance defense attorney gives us a critical advantage here. He knows which parties insurers typically try to shield from liability, and he knows how to force disclosure of hidden insurance policies and corporate relationships that other attorneys miss.
The 48-Hour Evidence Emergency
If you’re reading this after a Dawes County trucking accident, the clock is already working against you. Trucking companies deploy “rapid response teams” to accident scenes before the vehicles are even towed. Their goal: preserve evidence that helps them, destroy evidence that hurts them.
Critical Evidence That Disappears Fast:
- ECM/Black Box Data: Speed, braking, RPM, and fault codes can be overwritten in as little as 30 days or with subsequent driving events.
- ELD Logs: Federal law only requires retention for 6 months, but we need this data immediately to prove hours-of-service violations.
- Dashcam Footage: Often deleted within 7-14 days if not preserved.
- Driver Qualification Files: We need employment records, medical certifications, and prior violation history before they can be “lost.”
- Maintenance Records: Proof of deferred repairs or skipped inspections must be secured immediately.
- Witness Statements: Memories fade fast, especially with the passage of Nebraska’s harsh winters between accident and trial.
When you call Attorney911 at 1-888-ATTY-911, we send immediate spoliation letters—legal notices demanding preservation of all evidence to negligent parties. If a trucking company destroys evidence after receiving our letter, courts can instruct juries to assume the destroyed evidence was unfavorable, or even impose sanctions and punitive damages.
We also canvas for traffic cameras, agricultural facility surveillance, and truck stop footage that may have captured the moments before a crash on US-20 or US-385. In rural Dawes County, this requires quick action before footage is recorded over.
What to Do Immediately After a Truck Accident in Dawes County
If you’re physically able after a crash on Nebraska highways:
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Call 911: Report the accident to law enforcement immediately. The Dawes County Sheriff or Nebraska State Patrol will document the scene.
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Seek Immediate Medical Attention: Even if you feel fine, adrenaline masks serious injuries. Brain bleeds, internal bleeding, and spinal injuries may not show symptoms for hours. Document everything at Chadron Community Hospital or Crawford Medical Services.
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Document the Scene: Photograph all vehicles, damage, skid marks, road conditions, and weather. Nebraska weather changes fast—capture ice, fog, or dust conditions that may have contributed.
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Get Trucking Information: Record the DOT number, trucking company name, driver’s CDL information, and insurance details. Photograph license plates on both tractor and trailer.
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Gather Witnesses: Names and contact information from anyone who saw the accident on US-20 or US-385.
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Call Attorney911: 1-888-ATTY-911. Before you speak with any insurance adjuster—yours or theirs—get us involved. Adjusters are trained to get recorded statements that damage your claim. As client Chad Harris said about our firm: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Common Types of 18-Wheeler Accidents in Dawes County
Jackknife Accidents
When a truck’s trailer swings perpendicular to the cab, often blocking multiple lanes of rural highways like US-385. Caused by sudden braking on slick surfaces, worn brakes, or unbalanced loads. These frequently occur during Nebraska winters when black ice forms on the highway between Chadron and Crawford.
Rollover Accidents
Dawes County’s agricultural economy means trucks haul top-heavy loads of cattle and grain. When improperly loaded trucks take curves too quickly on US-20 or hit high winds on open plains, rollovers occur. These are among the most deadly accidents, with crushing forces that deform passenger vehicles.
Rear-End Collisions
Following too closely on long, monotonous stretches of Nebraska highway leads to catastrophic rear-end impacts. A truck traveling 65 mph needs 40% more stopping distance than a car. When drivers are fatigued or distracted by dispatch communications, they simply cannot stop in time.
Underride Collisions
When a passenger vehicle slides under a trailer’s rear or side, the trailer height shears off the vehicle’s roof, often causing decapitation or severe head trauma. Federal law requires rear underride guards, but many are poorly maintained or inadequate for offset impacts.
Tire Blowout Accidents
Nebraska’s temperature extremes—scorching summers and frigid winters—degrade tires rapidly. Blowouts cause loss of control, particularly dangerous on narrow shoulders of rural highways. We investigate maintenance records to prove carriers failed to replace worn tires.
Wide Turn Accidents
At intersections in Chadron or Crawford, trucks swinging wide to make right turns create “squeeze play” scenarios where passenger vehicles get trapped between the truck and curb.
Insurance Coverage in Nebraska Trucking Cases
Federal law mandates minimum insurance coverage far exceeding typical auto policies:
- $750,000 for non-hazardous freight
- $1,000,000 for oil and large equipment
- $5,000,000 for hazardous materials
Many carriers carry $1-5 million in coverage. But accessing these funds requires proving liability and damages to insurance adjusters who are trained to minimize payouts. Donald Wilcox, one of our clients, put it perfectly: “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 work on a contingency fee basis: 33.33% if settled before trial, 40% if litigation is required. You pay nothing upfront—we advance all investigation costs, expert fees, and court costs. If we don’t win, you owe us nothing.
Frequently Asked Questions for Dawes County Truck Accident Victims
How long do I have to file a lawsuit after a truck accident in Dawes County?
Nebraska gives you 4 years from the date of injury to file a personal injury lawsuit, and 2 years for wrongful death claims. However, waiting risks evidence destruction. Trucking companies purge records, ELD data overwrites, and witnesses disappear. Call 1-888-ATTY-911 immediately to preserve your evidence.
What if the truck driver claims I was partially at fault?
Nebraska uses modified comparative negligence. If you were less than 50% at fault, you can recover damages reduced by your percentage of fault. Even if you slid on ice or braked suddenly, the truck driver may still be primarily responsible for following too closely or driving too fast for conditions. We investigate ELD data and ECM records to prove what really happened, not just what the driver claims.
Who pays my medical bills while waiting for settlement?
Your health insurance or medical payments coverage should handle initial bills. We can also help arrange treatment with Dawes County medical providers who accept Letters of Protection—meaning they get paid from your settlement, not upfront. Don’t let financial pressure rush you into a lowball settlement before you know the full extent of your injuries.
Can I sue if the truck driver was an independent contractor?
Yes. Often “independent contractor” status is a misclassification designed to shield the trucking company from liability. We investigate the actual relationship—if the company controlled routes, schedules, or equipment, they may still be vicariously liable. Additionally, the company may be directly liable for negligent hiring or supervision regardless of employment status.
What if the trucking company offers a quick settlement?
Do not accept it. Early offers are calculated to pay you before you understand your full damages—before you know if you’ll need surgery, before traumatic brain injuries manifest, before you understand lifelong limitations. As client Glenda Walker told us: “They fought for me to get every dime I deserved.” That doesn’t happen with quick settlements; it happens with thorough litigation.
Do you handle Spanish-language cases in Dawes County?
Sí. Hablamos Español. Lupe Peña provides fluent Spanish representation without interpreters. Whether you’re a Spanish-speaking truck driver injured on the job or a family member helping an injured relative, we communicate directly in your language. Llame al 1-888-ATTY-911 para una consulta gratuita.
How are damages calculated in Nebraska?
Damages fall into three categories:
- Economic: Medical bills (past and future), lost wages, diminished earning capacity, property damage, out-of-pocket expenses. We calculate lifetime costs for catastrophic injuries.
- Non-economic: Pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, physical impairment, loss of consortium. These subjective damages require skilled presentation to juries.
- Punitive: Awarded when trucking companies act with gross negligence—such as knowingly violating safety regulations or destroying evidence. Nebraska has no cap on punitive damages.
What if my loved one was killed in a Dawes County trucking accident?
We are deeply sorry for your loss. Wrongful death claims in Nebraska can recover funeral expenses, lost future income, loss of parental guidance (for children), mental anguish, and punitive damages. The personal representative of the estate must file, typically within 2 years. We handle these cases with compassion while aggressively pursuing justice against negligent trucking companies.
Will my case go to trial?
Most settle before trial, but we prepare every case as though it will go before a jury. Insurance companies know which attorneys are trial-ready—and they pay more to settle with firms that have a track record of big verdicts. Ralph Manginello’s federal court experience and our team’s litigation preparation create leverage for better settlements. If the trucking company won’t pay what you deserve, we’re ready to take your case to verdict.
How much is my case worth?
Values depend on injury severity, insurance coverage, liability clarity, and long-term impacts. However, trucking cases typically involve higher recoveries than car accidents due to larger insurance policies and catastrophic injury potential. We’ve recovered multi-million dollar settlements for traumatic brain injuries, amputations, and wrongful death. Every case is unique, but we fight for maximum compensation—what Glenda Walker called “every dime I deserved.”
Why Dawes County Families Choose Attorney911
When Nebraska families face the aftermath of catastrophic trucking accidents, they choose us for reasons that matter:
Real Results: We’ve recovered over $50 million for clients, including a $5+ million traumatic brain injury settlement, a $3.8+ million amputation case, and a $2+ million maritime back injury settlement. Currently, we’re litigating a $10 million hazing lawsuit against the University of Houston, demonstrating our capacity to handle complex, high-stakes litigation against well-funded defendants.
Federal Court Experience: Ralph Manginello’s admission to the U.S. District Court, Southern District of Texas, means we can handle interstate trucking cases involving federal regulations and multi-state carriers operating in Nebraska.
Insurance Insider Knowledge: Lupe Peña’s background defending insurance companies means we know their playbook. We anticipate their tactics before they deploy them.
Personal Attention: We’re not a case mill. As client Chad Harris said, “You are NOT just some client… You are FAMILY to them.” We answer our phones. We return calls. We know your name.
No Fee Unless We Win: You pay nothing unless we recover compensation. We advance all costs. You risk nothing by calling 1-888-ATTY-911 today.
Proven Track Record: From the BP Texas City Refinery explosion ($2.1 billion in industry-wide settlements) to daily fights against major carriers, we have the experience Dawes County residents need.
Call Attorney911 Today—Before Evidence Disappears
The trucking company that hit you or your loved one has already contacted their insurance carrier. Their rapid response team is already working to minimize your claim. In 48 hours, critical black box data could be gone. In 30 days, ELD logs may be overwritten. Every hour you wait, their lawyers get stronger while your evidence fades.
We serve Dawes County from our offices in Houston, Austin, and Beaumont, with the capability to represent you across Nebraska and throughout the United States. Whether your accident occurred on US-20 near Chadron, US-385 near Crawford, or any rural highway in Dawes County, we bring 25+ years of experience to your fight.
Call 1-888-ATTY-911 (1-888-288-9911) now. Free consultation. No fee unless we win. 24/7 availability.
Don’t let the trucking company decide what your future looks like. We’re ready to fight for every dime you deserve.
