When an 80,000-Pound Truck Changes Your Life on a Thayer County Highway
The corn fields were likely swaying in the wind that morning. Maybe you were heading north on US-81 toward Hebron for work, or perhaps hauling grain yourself on one of the county roads near Belvidere. Then it happened—an 18-wheeler crossed the centerline, or jackknifed on ice near Davenport, or blew a tire on the stretch toward Deshler. Life in Thayer County, Nebraska tends to move at the pace of the seasons, but when a commercial truck collides with your vehicle, everything stops instantly.
We’re Attorney911, and we’ve spent over 25 years fighting for families devastated by trucking accidents. Ralph Manginello, our managing partner, has been holding trucking companies accountable since 1998. We’ve recovered over $50 million for injury victims across the country, including multi-million dollar settlements for catastrophic injuries. But right now, you don’t need statistics. You need someone who understands that in Thayer County—where the highways cut through wheat fields and cattle country—a trucking accident isn’t just a legal case. It’s a rural emergency that threatens your family’s livelihood.
Nebraska’s four-year statute of limitations might seem generous, but in Thayer County trucking cases, evidence disappears fast. Black box data can be overwritten in 30 days. Grain haulers’ logs get “lost.” Witnesses in rural areas are harder to locate. That’s why we send spoliation letters within 24 hours, demanding preservation of every critical record before it’s gone.
Call us now at 1-888-ATTY-911. We answer 24/7, and there’s never a fee unless we win.
Why Thayer County Truck Accidents Are Different
Thayer County isn’t Omaha or Lincoln. When you’re injured on US-81 or State Highway 4, you’re dealing with unique rural dangers that urban attorneys don’t understand. We know these roads—the long stretches where fatigue sets in, the intersections near grain elevators where overloaded trucks make wide turns, the bridges that ice over before the rest of the pavement.
The Rural Trucking Reality
Agricultural trucking dominates Thayer County’s roads. During harvest season, the narrow county roads fill with grain trucks hauling from fields to elevators. These aren’t just big vehicles—they’re often overloaded, sometimes driven by exhausted farm workers rushing to beat weather, or operated by seasonal drivers unfamiliar with rural Nebraska’s sudden storms.
But the danger isn’t just local farm trucks. Thayer County sits on the US-81 corridor, a major north-south route connecting to Interstate 80 near York and Grand Island. Long-haul carriers use these roads to bypass heavier interstate traffic, often pushing hours-of-service limits on the very stretches where they’ve grown complacent. Out here, there’s no traffic camera at every intersection. When a truck’s brakes fail or a driver falls asleep on a rural stretch, there’s often no guardrail to stop the catastrophe.
Nebraska’s Legal Landscape
Nebraska operates under a modified comparative negligence system with a 50% bar rule. That means if you’re found 49% at fault for the accident, you can recover damages—but they’ll be reduced by your percentage of fault. If you’re 50% or more at fault, you recover nothing. This makes evidence preservation absolutely critical. The trucking company will claim you were speeding, or failed to yield, or were distracted. We know how to counter those tactics with hard data from ECMs, ELDs, and witness statements from Thayer County locals who saw what happened.
The clock is ticking. Nebraska gives you four years from the date of injury to file a lawsuit, but every day you wait gives the trucking company more time to “lose” the driver qualification file or “accidentally” overwrite the black box data. As client Glenda Walker told us after we handled her case, “They fought for me to get every dime I deserved.” But that fight starts with evidence that exists right now—and might not exist tomorrow.
Ralph Manginello: 25 Years of Fighting Trucking Companies
When Ralph Manginello founded Attorney911 in 2001, he’d already been practicing law since 1998. But his experience goes beyond just years—it’s about the depth of the fight. Ralph is admitted to the U.S. District Court for the Southern District of Texas, which means our firm can handle your Thayer County case in federal court if the trucking company is from out of state or if federal regulations were violated.
Ralph’s been through the fire with the biggest corporations in America. When the BP Texas City refinery exploded in 2005—killing 15 workers and injuring 170 more—Ralph was one of the few Texas attorneys battling that corporate giant. The case settled for over $2.1 billion industry-wide. That’s the kind of experience you want when you’re facing a trucking company with a team of lawyers and millions in insurance.
Our associate attorney, Lupe Peña, brings something unique to Thayer County cases. He used to work for national insurance defense firms. He knows exactly how trucking insurers evaluate claims, how they train adjusters to minimize payouts, and when they’re bluffing about not having coverage. As Lupe often tells our clients, “I’ve sat in the rooms where they teach adjusters to deny claims. Now I use that insider knowledge to fight for you.”
This combination—Ralph’s federal courtroom experience and Lupe’s insurance defense background—gives us an unfair advantage against trucking companies. We’ve seen their playbooks. We know they’ll send a rapid-response team to Thayer County within hours of a crash to protect their interests. We move just as fast.
The Insiders’ Advantage: How We Beat Trucking Insurance
Insurance companies aren’t your friends. They’re corporations designed to maximize profit, which means minimizing your settlement. Without an attorney, you’re walking into a negotiation where the other side knows every trick and you know nothing.
Lupe Peña spent years on the other side. He knows that adjusters use software like Colossus to generate lowball offers based on formulas that undervalue your pain. He knows they look for gaps in your medical treatment to claim your injuries aren’t real. He knows they’ll offer you a quick settlement before you understand the full extent of your damages—hoping you’ll sign away your rights for pennies on the dollar.
Here’s what they don’t want you to know: Trucking companies are required to carry at least $750,000 in liability insurance for non-hazardous freight, $1 million for oil and equipment transport, and $5 million for hazardous materials. Many carry significantly more. But they’ll never tell you their policy limits unless you have an attorney who knows how to force that disclosure.
As client Chad Harris told us, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” That’s how we treat every Thayer County case. We don’t settle for the first offer. We fight for every dollar you’re owed—and with our insider knowledge, we usually get it without going to trial. But we’re ready to go to court if they won’t pay fair value.
The FMCSA Regulations That Protect Thayer County Drivers
Commercial trucking isn’t like driving a car. It’s governed by the Federal Motor Carrier Safety Administration (FMCSA), which has strict rules designed to prevent crashes. When trucking companies violate these regulations—and they often do—they’re automatically negligent under the law.
49 CFR Part 390: General Applicability
Every commercial motor vehicle (CMV) operating in interstate commerce must comply with federal regulations. A CMV is defined as any vehicle with a gross vehicle weight rating (GVWR) over 10,001 pounds—and an 18-wheeler can weigh up to 80,000 pounds. That weight differential—twenty times heavier than your car—is why accidents are so catastrophic.
49 CFR Part 391: Driver Qualification Standards
Trucking companies must maintain a Driver Qualification (DQ) File for every driver. This file must include:
- Employment application and three-year work history verification
- Motor vehicle record from every state where the driver held a license
- Medical examiner’s certificate (valid for maximum 24 months)
- Road test certificate or equivalent
- Annual driving record review
- Previous employer drug and alcohol test inquiries
In Thayer County agricultural cases, we often find that seasonal drivers lack proper CDL endorsements or have medical conditions that should disqualify them, like untreated sleep apnea. We subpoena these files immediately. If the trucking company can’t produce a complete DQ file, they’re liable for negligent hiring.
49 CFR Part 392: Driving Rules
This section contains the operational rules that prevent accidents. Key violations we see on Thayer County roads include:
Fatigued Driving (§ 392.3): “No driver shall operate a commercial motor vehicle… while the driver’s ability or alertness is so impaired… through fatigue… as to make it unsafe.” We see this constantly on long-haul routes like US-81, where drivers push through Nebraska’s endless plains while exhausted.
Speeding for Conditions (§ 392.6): Motor carriers cannot schedule runs that require driving at unsafe speeds. Given Thayer County’s winter blizzards and sudden ice storms, a truck driving 65 mph in a 60 zone might still be negligent if conditions warrant slower speeds.
Following Too Closely (§ 392.11): An 80,000-pound truck traveling at 65 mph needs approximately 525 feet to stop—nearly two football fields. When a truck rear-ends you on US-81, they’ve almost certainly violated this rule.
Mobile Phone Use (§ 392.82): Hand-held phone use while driving is prohibited. We subpoena cell phone records to prove distracted driving.
49 CFR Part 393: Vehicle Safety & Cargo Securement
This is where we find violations that cause rollover and jackknife accidents in Thayer County’s agricultural areas.
Cargo Securement (§ 393.100-136): Cargo must be secured to prevent shifting that affects stability. Grain loads are particularly dangerous—if not properly secured, the liquid-like shifting of grain can cause rollovers on curves. The aggregate working load limit of tiedowns must be at least 50% of cargo weight.
Brake Systems (§ 393.40-55): All CMVs must have properly functioning brakes. Thayer County’s steep bridge approaches and long grades require brakes to be in perfect condition. We frequently find trucking companies deferred brake maintenance to save money.
Lighting (§ 393.11-26): Required lighting includes headlamps, tail lamps, clearance lights, and retroreflective sheeting. In rural Nebraska, where it gets pitch black at night, non-functioning lights are deadly.
49 CFR Part 395: Hours of Service (HOS)
This is the most commonly violated regulation—and the most dangerous for Thayer County families.
Property-Carrying Drivers:
- 11-hour driving limit: Maximum 11 hours after 10 consecutive hours off duty
- 14-hour duty window: Cannot drive beyond the 14th consecutive hour after coming on duty
- 30-minute break: Required after 8 cumulative hours of driving
- 60/70 hour limits: No driving after 60 hours in 7 days or 70 hours in 8 days
- 34-hour restart: Can reset weekly limits with 34 consecutive hours off
Since December 18, 2017, most drivers must use Electronic Logging Devices (ELDs) that automatically record driving time. This data is objective and tamper-proof. When we download ELD data, we often find drivers violated these limits—driving 13 hours instead of 11, or working 16 hours straight during harvest season rush.
The 30-Day Danger: ELD data can be overwritten or deleted within 30 days. That’s why we send preservation letters immediately. Once we notify the trucking company of litigation, they must preserve this evidence. If they destroy it after receiving our letter, courts can impose sanctions or assume the destroyed evidence was favorable to you.
49 CFR Part 396: Inspection & Maintenance
Systematic Maintenance (§ 396.3): Every motor carrier must systematically inspect, repair, and maintain all vehicles. This isn’t optional—it’s federal law.
Driver Inspections (§ 396.11, 396.13): Drivers must conduct pre-trip inspections before driving and post-trip inspections after. The post-trip report must cover:
- Service brakes and parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Mirrors
- Coupling devices
- Wheels and rims
If a driver noted “brakes grabbing” on yesterday’s post-trip report and the company didn’t fix it before today’s fatal crash, that’s not just negligence. It’s potentially criminal indifference.
Annual Inspections (§ 396.17): Every truck must pass a comprehensive annual inspection covering 16+ systems. Records must be retained for 14 months.
Types of 18-Wheeler Accidents in Thayer County
Not all truck accidents are the same. In Thayer County’s unique geography—flat agricultural plains mixed with sudden creek valleys and bridges—certain accident types are more common and more deadly.
Jackknife Accidents
A jackknife occurs when the trailer skids in the opposite direction of the cab, folding at an angle like a pocket knife. On Thayer County’s rural highways, especially during winter ice storms or sudden summer thunderstorms, these accidents often block both lanes of traffic, causing multi-vehicle pileups.
Causes in Thayer County:
- Sudden braking on bridges that ice over first
- Empty or lightly loaded trailers (common with grain haulers) that have less traction
- Improperly loaded cargo shifting on curves near the Big Blue River
- Brake failures on the approaches to overpasses
The Physics: When a truck jackknifes, the trailer sweeps across the roadway at a 90-degree angle. Vehicles behind have nowhere to go. We’ve handled cases where families were crushed between the jackknifed trailer and the guardrail.
FMCSA Violations: 49 CFR § 393.48 (brake system malfunction), § 393.100 (improper cargo securement), § 392.6 (speeding for conditions).
Rollover Accidents
Thayer County’s rural roads aren’t designed for high-speed truck traffic. The narrow shoulders, soft gravel edges, and sudden turns lead to rollovers when drivers overcorrect or take turns too fast.
Why They Happen Here:
- Top-heavy loads: Grain trucks carrying corn or soybeans have high centers of gravity
- Speeding on curves: Long-haul drivers unfamiliar with rural Nebraska roads underestimate the tight turns near Hebron
- Cargo shift: Liquid loads or improperly secured pallets shifting during cornering
- Soft shoulders: When drivers drift onto gravel shoulders and overcorrect, the high center of gravity causes tipping
The Consequences: Rollovers often result in the truck crushing smaller vehicles beside it. Fuel spills create fire hazards. Grain spills can suffocate victims trapped in vehicles.
Settlement Range: Rollover cases involving catastrophic injuries typically settle for $4.7 million to $25.8 million depending on whether paralysis or traumatic brain injury occurs.
Underride Collisions
Perhaps the most horrific type of trucking accident. An underride occurs when a smaller vehicle crashes into the rear or side of a trailer and slides underneath. The trailer height often shears off the passenger compartment at windshield level.
Rear Underride: Occurs when a truck stops suddenly on US-81—perhaps for a slow-moving combine or a deer—and the following vehicle can’t stop in time. Federal law requires rear impact guards (49 CFR § 393.86) on trailers manufactured after January 26, 1998, but many guards are damaged, rusted, or inadequately maintained.
Side Underride: When a truck makes a wide turn into a field entrance or farm road and a vehicle slides underneath the side. There is no federal requirement for side underride guards, though advocacy groups are pushing for them. Side underride accidents are almost always fatal.
The Data: Approximately 400-500 underride deaths occur annually in the United States. The injuries are catastrophic: decapitation, severed spinal cords, traumatic brain injuries from roof intrusion.
Rear-End Collisions
An 18-wheeler needs 40% more stopping distance than a passenger car. At 65 mph, a loaded truck needs 525 feet to stop—nearly two football fields. On Thayer County’s rural highways, where traffic moves fast and following distances are often misjudged, rear-end collisions are common.
Common Causes:
- Driver distraction (cell phone, GPS, eating)
- Fatigue causing delayed reaction times
- Following too closely (tailgating)
- Brake failures from deferred maintenance
- Inadequate lighting making stopped traffic invisible at night
Injuries: Whiplash, spinal cord compression, traumatic brain injuries from headstrikes, internal organ damage from seatbelt trauma, and wrongful death.
Wide Turn Accidents (“Squeeze Play”)
Agricultural trucks often need to swing left before making a right turn into a field or grain elevator. When they do, they create a trap for passenger vehicles.
The Scenario: You’re driving north on US-81 near Belvidere. A grain truck signals right but swings left into your lane. You think they’re changing lanes, so you pull forward into the gap. Then the truck completes its right turn, crushing your vehicle against the rear wheels.
Liability Issues: The truck driver must signal properly and check mirrors before turning. If they failed to signal, or if their mirrors were improperly adjusted (49 CFR § 393.80), both the driver and trucking company are liable.
Blind Spot Accidents (“No-Zone”)
18-wheelers have massive blind spots—areas where the driver literally cannot see you even if they check their mirrors.
The Four No-Zones:
- Front: 20 feet directly ahead—trucks sit higher than cars
- Rear: 30 feet behind—no rear-view mirror visibility
- Left side: Behind the driver’s door extending back
- Right side: The largest blind spot, extending from the cab back along the trailer
In Thayer County, where drivers often pass slow-moving farm equipment or trucks entering fields, blind spot accidents happen when a truck merges while a car is alongside.
Prevention Evidence: We check mirror adjustment logs and driver training records. If the driver never checked the right mirror before merging, that’s negligence per se.
Tire Blowout Accidents
Thayer County’s roads aren’t always kind to tires. Potholes, rough pavement, and extreme temperature variations cause tire failures. When a steer tire (front tire) blows on an 18-wheeler, the driver loses steering control immediately.
Causes:
- Underinflation causing heat buildup on long hauls
- Overloading beyond tire capacity (common with agricultural haulers)
- Worn tires not replaced due to cost-cutting
- Road debris from harvest season
Debris Danger: When a truck tire shreds, it creates “road gators”—strips of rubber that can strike following vehicles at highway speeds, causing loss of control.
Brake Failure Accidents
Brake problems contribute to 29% of large truck crashes. In Thayer County, where trucks descend grades toward the Little Blue River or navigate the overpasses near Deshler, brake failure is catastrophic.
The Maintenance Crisis: Many trucking companies defer brake maintenance because it’s expensive. They’ll adjust brakes improperly, reuse worn pads, or ignore air brake leaks. When brakes overheat on long descents, they experience “brake fade”—complete loss of stopping power.
Evidence: We subpoena maintenance records, driver vehicle inspection reports (DVIRs), and post-crash brake system analyses. If the trucking company knew brakes were defective and put the truck on the road anyway, that’s gross negligence warranting punitive damages.
Cargo Spill and Shift Accidents
In agricultural areas like Thayer County, cargo spills are particularly dangerous. A shifting load of grain can turn a trailer into a rolling bomb, causing rollovers on curves. Spilled grain on the roadway creates slick conditions worse than ice.
Hazmat Concerns: While Thayer County isn’t a major chemical corridor, agricultural chemicals—anhydrous ammonia, fertilizers, pesticides—are transported on these roads. A hazmat spill requires immediate evacuation and can cause respiratory injuries, chemical burns, and long-term health effects.
FMCSA Violations: 49 CFR § 393.100-136 (cargo securement) violations are among the top ten most common violations we find.
Who Can Be Held Liable in Your Thayer County Truck Accident?
Unlike car accidents where usually only one driver is at fault, 18-wheeler accidents involve multiple parties who may share liability. We investigate every possible defendant to maximize your recovery.
1. The Truck Driver
The driver who caused your accident may be personally liable for negligent conduct:
- Speeding or reckless driving
- Distracted driving (cell phone, eating, adjusting GPS)
- Driving while fatigued beyond federal hours-of-service limits
- Operating under the influence of drugs or alcohol (DOT testing required after fatal accidents)
- Failure to conduct proper pre-trip inspections
- Violating traffic laws (running stop signs on rural intersections, illegal passing)
Evidence: ELD data showing hours of service violations, cell phone records, drug test results, previous accident history, and training records.
2. The Trucking Company (Motor Carrier)
This is usually the most important defendant because they carry the highest insurance limits.
Vicarious Liability (Respondeat Superior): Employers are responsible for employees’ negligent acts. If the driver was an employee (not an independent contractor) and acting within the scope of employment, the company is liable.
Direct Negligence:
- Negligent Hiring: Failing to check the driver’s background, CDL status, or medical certification
- Negligent Training: Inadequate safety training on rural driving hazards, winter weather, or cargo securement
- Negligent Supervision: Failing to monitor ELD compliance, speeding reports, or driver logs
- Negligent Maintenance: Putting trucks on the road with known brake defects, tire issues, or lighting problems
- Negligent Scheduling: Pressuring drivers to violate hours-of-service regulations to meet delivery deadlines
The DQ File: We subpoena the Driver Qualification File. If it’s incomplete or missing, the company admits negligent hiring.
3. Cargo Owner/Shipper
The company that owned the grain, equipment, or goods being transported may be liable if they:
- Demanded overweight loading (exceeding 80,000 lbs gross weight)
- Failed to disclose hazardous nature of cargo
- Provided improper loading instructions
- Required delivery schedules that forced drivers to violate safety regulations
In Thayer County agricultural cases, the grain elevator or farm co-op that loaded the truck may share liability if they overloaded the trailer or failed to secure the load properly.
4. Cargo Loading Company
Third-party loaders who physically placed cargo on the truck may be liable under 49 CFR § 393 for:
- Improper weight distribution
- Inadequate tiedowns
- Failure to use blocking, bracing, or friction mats
- Exceeding vehicle weight ratings
5. Truck and Trailer Manufacturer
If the accident was caused by a defective vehicle component—faulty brakes, steering mechanisms that lock up, fuel tanks that explode on impact—the manufacturer may be liable under product liability law.
Evidence: Recall notices, technical service bulletins, similar defect complaints to NHTSA, and expert analysis of failed components.
6. Parts Manufacturer
Companies that manufacture specific components—Bendix for brakes, Michelin for tires, etc.—may be liable if their product failed catastrophically.
7. Maintenance Companies
Third-party mechanics who serviced the truck may be liable for negligent repairs:
- Failing to identify critical safety issues during inspections
- Improper brake adjustments
- Using substandard or incorrect parts
- Returning vehicles to service with known defects
8. Freight Brokers
Brokers who arranged the shipment but don’t own trucks may be liable for negligent selection of carriers. If the broker hired a carrier with a terrible safety record (high CSA scores, multiple violations) to save money, they share liability.
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the individual who owns the truck may have separate liability for negligent entrustment or failure to maintain the vehicle.
10. Government Entities
While sovereign immunity limits lawsuits against government bodies, they may be liable for:
- Dangerous road design (inadequate banking on curves)
- Failure to maintain roads (unfilled potholes, degraded shoulder gravel)
- Inadequate signage for known hazards
- Failure to install guardrails on known dangerous stretches
Notice Requirements: Claims against Nebraska government entities typically require specific notice within tight deadlines. Don’t delay consultation.
The 48-Hour Evidence Emergency
In Thayer County, evidence disappears fast. The trucking company will have a rapid-response team—lawyers and investigators—at the scene before the ambulances leave. Their job is to protect the company, not you.
Critical Evidence That Disappears
Black Box/ECM Data: The Engine Control Module records speed, brake application, throttle position, and fault codes. This data can be overwritten in 30 days or with subsequent driving events.
ELD Data: Electronic Logging Devices prove hours-of-service violations. While FMCSA requires 6-month retention, some carriers “lose” this data or claim system failures.
Dashcam Footage: Many trucks have forward-facing cameras. This footage is often deleted within 7-14 days if not preserved.
Surveillance Video: Nearby farms, grain elevators, or businesses may have captured the accident on camera. Most systems overwrite footage within 7-30 days.
Physical Evidence: The truck itself may be repaired, sold, or sent to salvage before we can inspect it. Skid marks fade. Debris gets cleaned up.
Witnesses: In rural Thayer County, witnesses may be hard to locate weeks later. They may have been passing through from out of state. Their memories fade quickly.
The Spoliation Letter
Within 24 hours of being retained, we send a spoliation letter to the trucking company, their insurer, and all potentially liable parties. This letter puts them on legal notice that they must preserve all evidence related to the accident.
What We Demand Preservation Of:
- ECM/Black box data downloads
- ELD records for 6 months prior
- Driver Qualification File
- Maintenance and inspection records
- Post-trip inspection reports
- Drug and alcohol test results
- Dispatch records and communications
- GPS/telematics data
- Cell phone records
- The physical truck and trailer
- Cargo documentation
Legal Consequences: Once they receive our letter, destroying evidence constitutes spoliation. Courts can:
- Instruct the jury to assume destroyed evidence was unfavorable to the trucking company
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages for intentional destruction
Immediate Investigation
We don’t wait. Our team immediately:
- Deploys to the Scene: We visit the accident location on US-81 or the county roads while evidence is fresh
- Photographs Everything: Damage, debris patterns, road conditions, signage, lighting
- Identifies Witnesses: We locate and interview witnesses before they disappear
- Subpoenas Records: We send immediate preservation demands to the carrier
- Retains Experts: Accident reconstructionists, mechanical engineers, and medical experts
- Downloads Data: We secure black box and ELD data before it can be deleted
Time is Critical: Every hour you wait is an hour the trucking company has to build their defense. As client Angel Walle told us, “They solved in a couple of months what others did nothing about in two years.” But that speed requires immediate action on your part.
Catastrophic Injuries: The Real Cost of Thayer County Truck Accidents
When an 80,000-pound truck hits a 4,000-pound car, catastrophic injuries aren’t just likely—they’re inevitable. The physics are brutal: at 65 mph, the closing force is equivalent to dropping your vehicle from a twelve-story building.
Traumatic Brain Injury (TBI)
The human brain wasn’t designed to withstand deceleration trauma from an 18-wheeler impact.
Severity Levels:
- Concussion/Mild TBI: Headaches, confusion, memory problems, mood changes. May resolve in weeks or cause lasting post-concussion syndrome.
- Moderate TBI: Extended unconsciousness, cognitive deficits, personality changes. Requires extensive rehabilitation.
- Severe TBI: Extended coma, permanent cognitive impairment, vegetative state. Requires 24/7 care for life.
Thayer County Specific Concerns: Rural hospitals may not have Level I trauma centers equipped for severe brain injuries. Transport to Omaha or Lincoln takes critical time. Hypothermia from exposure while unconscious in a Nebraska winter can compound brain damage.
Lifetime Costs: $85,000 to $3 million or more depending on required care.
Our Track Record: We’ve recovered $1.5 million to $9.8 million for TBI victims.
Spinal Cord Injury and Paralysis
The force of a truck impact can fracture vertebrae, sever the spinal cord, or cause herniated discs that compress nerves.
Types:
- Paraplegia: Loss of function below the waist. Cannot walk; may affect bowel/bladder control.
- Quadriplegia: Loss of function in all four limbs. May require ventilator assistance for breathing.
- Incomplete Injury: Some nerve function remains—variable prognosis with intensive therapy.
The Financial Reality:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
These figures are just medical costs—not lost wages, pain and suffering, or home modifications needed for wheelchair accessibility in rural Thayer County homes.
Amputation
Crushing injuries from truck wheels or underride accidents often require surgical amputation.
Consequences:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000-$50,000 each, requiring replacement every 3-5 years)
- Phantom limb pain requiring medication
- Psychological trauma and body image issues
- Career limitations in agriculture-dependent Thayer County
Our Results: We’ve secured $1.9 million to $8.6 million for amputation victims.
Severe Burns
Fuel fires from ruptured tanks, electrical burns from downed lines, or chemical burns from agricultural truck spills can cause:
- Third and fourth-degree burns requiring skin grafts
- Permanent scarring and disfigurement
- Chronic pain and infection risk
- Psychological trauma
Internal Organ Damage
The sheer force of impact can cause:
- Liver lacerations requiring removal
- Spleen rupture (splenectomy)
- Kidney damage requiring dialysis or transplant
- Lung contusions causing respiratory failure
- Internal bleeding requiring emergency surgery
Wrongful Death
When a Thayer County trucking accident takes a loved one, Nebraska law allows wrongful death claims by:
- Surviving spouse
- Children (minor and adult)
- Parents (if no spouse or children)
- Estate representative
Recoverable Damages:
- Lost future income and benefits
- Loss of consortium (companionship, guidance, care)
- Mental anguish of survivors
- Funeral and burial expenses
- Medical expenses incurred before death
- Punitive damages (if gross negligence)
Recent Verdicts: While we can’t promise specific results, trucking wrongful death cases nationally have resulted in verdicts from $1.9 million to $9.5 million and above. A $462 million verdict was awarded in Missouri in 2024 for an underride decapitation case demonstrating what juries will award when trucking companies act with gross negligence.
Damages You Can Recover in Nebraska
Nebraska law allows for three categories of damages in trucking accident cases:
Economic Damages (Tangible Losses)
- Medical Expenses: Emergency care, surgeries, hospitalization, rehabilitation, medication, medical equipment, future projected medical costs
- Lost Wages: Income lost during recovery
- Lost Earning Capacity: If you can’t return to your previous occupation (common in agricultural work after serious injury)
- Property Damage: Vehicle repair or replacement
- Out-of-Pocket Expenses: Transportation to medical appointments (critical in rural Thayer County), home modifications, assistive devices
Non-Economic Damages (Quality of Life)
- Pain and Suffering: Physical pain from injuries and treatment
- Mental Anguish: PTSD, anxiety, depression, sleep disturbances
- Loss of Enjoyment: Inability to hunt, farm, participate in community activities
- Disfigurement: Scarring from burns or surgical procedures
- Loss of Consortium: Impact on marriages and family relationships
Good News: Unlike some states, Nebraska does not cap non-economic damages in personal injury cases. Your full pain and suffering is recoverable.
Punitive Damages (Punishment)
In Nebraska, punitive damages are available when the defendant acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
While rare, punitive damages send a message to the trucking industry: putting profits over safety has consequences.
Nebraska and Thayer County Legal Requirements
Understanding your rights under Nebraska law is crucial for protecting your claim.
Statute of Limitations
Nebraska gives you four years from the date of injury to file a personal injury lawsuit (Neb. Rev. Stat. § 25-207). For wrongful death, you typically have two years from the date of death.
Don’t Wait: While four years seems like a long time, evidence disappears in months. Witnesses move. Trucks get repaired or sold. Black box data is overwritten. Contact us immediately to preserve your case.
Comparative Negligence: The 50% Rule
Nebraska follows a modified comparative negligence system with a 50% bar.
- If you are 0-49% at fault, you can recover damages reduced by your percentage of fault
- If you are 50% or more at fault, you recover nothing
This makes evidence preservation critical. The trucking company will claim you were speeding, failed to yield, or were distracted. We counter with ECM data, ELD records, and witness testimony proving the truck driver was primarily responsible.
Trucking Insurance Minimums
Federal law requires minimum coverage:
- $750,000 for non-hazardous freight
- $1,000,000 for oil and equipment transport
- $5,000,000 for hazardous materials
Many carriers carry $1-5 million in coverage. Because Thayer County accidents often involve catastrophic injuries, accessing these high policy limits is essential for full compensation.
Government Claims
If a government vehicle or defective road design contributed to your accident, special rules apply. Claims against Nebraska government entities require specific notice procedures and shorter deadlines. Contact us immediately to preserve these claims.
What Makes Attorney911 Different for Thayer County Cases
You have choices for legal representation. Here’s why Thayer County families choose us:
1. Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas—and federal courts across the country. Many trucking companies are based out of state. We can pursue them in federal court under federal trucking regulations, giving us more leverage than attorneys limited to state court.
2. Former Insurance Defense Attorney on Your Side
Lupe Peña spent years working for insurance companies. He knows:
- How adjusters are trained to minimize your claim
- What settlement formulas they use (Colossus and similar software)
- When they’re bluffing about policy limits
- How to counter their “independent” medical examiners
This insider knowledge converts directly to higher settlements for you.
3. Multi-Million Dollar Results
We’ve recovered:
- $5 million+ for a traumatic brain injury victim struck by a falling log
- $3.8 million+ for a client who lost a limb due to medical complications following a car crash
- $2.5 million+ for truck accident victims
- $2 million+ for a maritime worker with back injuries
Total recoveries exceed $50 million for families across the country.
4. We Take Cases Other Firms Reject
As client Greg Garcia told us: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” We don’t run from difficult cases. We run toward them.
5. 24/7 Availability
Call 1-888-ATTY-911 anytime. Nights, weekends, holidays—we answer. Because trucking accidents don’t happen on a 9-to-5 schedule.
6. Spanish Language Services
Thayer County has a growing Hispanic community working in agriculture and meatpacking. Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español. Llame al 1-888-ATTY-911.
7. Three Office Locations, Nationwide Reach
With offices in Houston (main), Austin, and Beaumont, Texas, we serve clients throughout the Midwest and beyond. For Thayer County cases, we handle consultations remotely and travel to Nebraska for depositions and trial when necessary.
Frequently Asked Questions: Thayer County 18-Wheeler Accidents
How long do I have to file a lawsuit after a trucking accident in Nebraska?
You have four years from the date of injury under Nebraska Revised Statute § 25-207. For wrongful death claims, you typically have two years from the date of death. However, evidence disappears much faster than that. ELD data can be overwritten in 30 days. We recommend calling within 24-48 hours.
What if I was partially at fault for the accident?
Nebraska uses modified comparative negligence. If you’re less than 50% at fault, you can recover damages minus your percentage of fault. If you’re 50% or more at fault, you cannot recover. Don’t let the trucking company convince you the accident was your fault until we’ve reviewed the evidence.
Should I talk to the trucking company’s insurance adjuster?
No. Do not give recorded statements. Insurance adjusters are trained to get you to say things that minimize your claim. They’re not on your side. Let us handle all communications.
How much is my case worth?
It depends on injury severity, medical costs, lost wages, pain and suffering, and available insurance. Trucking companies carry $750,000 to $5 million in coverage. We evaluate cases individually and have recovered millions for catastrophic injury victims.
What if the truck driver was an independent contractor, not an employee?
We investigate the relationship. Even “independent contractors” may be treated as employees under federal regulations if the company controls their work. Additionally, we pursue the trucking company for negligent hiring if they contracted with an unsafe operator.
Can undocumented immigrants file claims?
Yes. Immigration status does not affect your right to compensation for injuries caused by someone else’s negligence. You have the same rights as any other accident victim.
What if the trucking company is from out of state?
We can pursue them in federal court under federal trucking regulations. Ralph Manginello’s federal court admission allows us to litigate against out-of-state carriers effectively.
How do I pay for medical treatment while waiting for settlement?
We work with medical providers who accept Letters of Protection (LOPs)—they treat you now and get paid from the settlement later. For immediate needs, we help coordinate care.
What if my loved one was killed?
We are deeply sorry for your loss. You may file a wrongful death claim for lost income, loss of companionship, mental anguish, and funeral expenses. Punitive damages may be available if the trucking company acted with gross negligence.
Do I really need a lawyer, or can I handle this myself?
Trucking cases are complex. Multiple liable parties, federal regulations, and sophisticated insurance defenses make DIY representation dangerous. Studies show injured people with attorneys receive significantly more compensation even after fees.
How long will my case take?
Simple cases: 6-12 months. Complex cases with catastrophic injuries: 1-3 years. Cases going to trial: 2-4 years. We push for fair settlement as quickly as possible while ensuring you don’t settle for less than you need.
What is a contingency fee?
You pay nothing unless we win. Our fee is a percentage of the recovery (typically 33.33% pre-trial, 40% if trial is required). We advance all costs. You never receive a bill from us.
Will my case go to trial?
Most settle, but we prepare every case for trial. Insurance companies offer better settlements when they know your attorney is willing to go to court. We have the resources and experience to take your case all the way if necessary.
What should I do immediately after a trucking accident in Thayer County?
- Call 911
- Seek medical attention immediately
- Take photos of everything—vehicles, scene, injuries
- Get the truck driver’s information and company name
- Get witness contact information
- Do not speak to insurance adjusters
- Call Attorney911 at 1-888-ATTY-911
Hablan español?
Sí. Lupe Peña habla español fluidamente. Llame al 1-888-ATTY-911 para una consulta gratis.
The Clock Started When That Truck Hit You
Right now, while you’re reading this, the trucking company is building their defense. Their lawyers are reviewing the driver file for “errors” they can fix. Their mechanics are inspecting the truck and replacing that worn tire. Their insurance adjuster is drafting a lowball offer letter.
You need someone fighting just as hard for you.
Ralph Manginello has spent 25 years making trucking companies pay for the devastation they cause. Our team includes a former insurance defense attorney who knows every trick they’ll use. We have offices in Houston, Austin, and Beaumont, and we serve clients throughout the United States, including right here in Thayer County, Nebraska.
We’ve recovered over $50 million for families just like yours. We’ve taken on Fortune 500 companies and won. We treat our clients like family—because when you’re facing the aftermath of a catastrophic trucking accident, you deserve more than a case number. You deserve a fighter.
Don’t let the trucking company win. Don’t let the evidence disappear. Don’t settle for less than you need to rebuild your life.
Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911). We’re available 24/7. The consultation is free. You pay nothing unless we win.
Attorney911. Because in Thayer County, when an 80,000-pound truck changes your life, you need more than a lawyer. You need a legal emergency team.
The information provided on this page is for educational purposes and does not constitute legal advice. Every case is unique. Results depend on specific facts and circumstances. Past results do not guarantee future outcomes. Contact us immediately for a free consultation regarding your specific situation.
