Burleigh County 18-Wheeler Accident Lawyers: Fight Back Against Negligent Trucking Companies
The I-94 corridor cutting through Burleigh County sees thousands of 18-wheelers every week—hauling Bakken crude eastbound, carrying agricultural loads westbound, and connecting North Dakota’s heartland to the rest of America. When an 80,000-pound commercial truck loses control on black ice near Bismarck, or a fatigued driver falls asleep at the wheel approaching the State Capitol complex, lives change in an instant. If you’re reading this, you or someone you love may have already felt that impact.
We’re Attorney911—The Manginello Law Firm—and we’ve spent over 25 years fighting for families devastated by tractor-trailer crashes. Our managing partner, Ralph Manginello, brings federal court experience and a track record of multi-million dollar recoveries to every case we handle. Our associate attorney, Lupe Peña, spent years defending insurance companies before joining our team, giving us insider knowledge of exactly how trucking insurers try to minimize your claim. Now he uses that expertise to fight for you.
Burleigh County isn’t just another pin on a map for us. We understand the unique dangers facing drivers here: the whiteout conditions that blanket Burleigh County highways from November through March, the oilfield traffic that never sleeps, and the long-haul drivers pushing through the night on I-94’s lonely stretches. This local knowledge, combined with our deep understanding of Federal Motor Carrier Safety Administration (FMCSA) regulations, gives us the tools to hold negligent trucking companies accountable when they put profits over safety.
Call 1-888-ATTY-911 (1-888-288-9911) right now for a free consultation. Evidence in trucking cases disappears fast—black box data can be overwritten in 30 days, and trucking companies are already building their defense. Let’s talk before it’s too late.
Why Burleigh County 18-Wheeler Accidents Demand Specialized Legal Representation
Burleigh County sits at the crossroads of North Dakota’s most dangerous trucking corridors. Interstate 94 runs straight through the heart of our community, carrying everything from hazardous materials bound for the Bakken oil fields to agricultural equipment serving the county’s farming operations. This isn’t standard traffic—it’s a constant flow of massive commercial vehicles operating under intense pressure to meet delivery deadlines.
The statistics tell a sobering story. Every 16 minutes, somewhere in America, someone is injured in a commercial truck crash. Here in Burleigh County, the risk escalates dramatically during our brutal winters. When temperatures drop to 20 below and wind gusts hit 40 mph on I-94, even experienced truckers struggle to maintain control. But here’s what trucking companies don’t want you to know: many of these “weather-related” accidents are actually preventable violations of federal safety regulations.
We’ve handled cases where trucking companies knowingly sent drivers onto Burleigh County highways during blizzard warnings. We’ve seen maintenance records showing brakes weren’t inspected before mountain crossings. We’ve proven that drivers were falsifying logbooks to hide Hours of Service violations while hauling through North Dakota’s night.
That’s why you need more than just a car accident lawyer. You need a team that understands the physics of an 80,000-pound vehicle, the complexity of federal trucking regulations, and the specific dangers present on Burleigh County roadways.
The Attorney911 Advantage: Real Experience for Real Results
Ralph Manginello has been practicing law since 1998—over 25 years of standing up to powerful corporations and insurance companies. His federal court admission to the Southern District of Texas means he can handle complex interstate trucking cases that cross jurisdictional boundaries. But more importantly, he’s recovered millions for families facing their darkest moments.
Our firm includes documented multi-million dollar settlements: over $5 million for a traumatic brain injury victim struck by a falling log, $3.8+ million for a car accident amputation case, and $2.5+ million for truck crash recoveries. Currently, we’re actively litigating a $10 million lawsuit against a major university for hazing-related injuries—demonstrating our willingness to take on institutional defendants with deep pockets and aggressive defense teams.
But here’s what really sets us apart: Lupe Peña, our associate attorney, used to work for a national insurance defense firm. He sat in the meetings where adjusters discussed how to minimize payouts. He knows their playbook—the lowball offers they make within 24 hours of a crash, the recorded statements designed to trap victims, the “independent” medical examiners they hire to dispute your injuries. Now he uses that insider knowledge to fight against them. That advantage—the ability to anticipate every defense tactic before it’s deployed—is something most Burleigh County accident victims never realize they need until it’s too late.
As our client Chad Harris said: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” We treat every Burleigh County trucking accident victim with that same dedication because we know what’s at stake: your health, your financial security, and your family’s future.
The Deadly Physics of 18-Wheeler Accidents on Burleigh County Roads
Your car weighs roughly 4,000 pounds. A fully loaded tractor-trailer can weigh 80,000 pounds—that’s 20 times heavier. When that mass collides with a passenger vehicle at highway speeds, the laws of physics aren’t kind.
An 18-wheeler traveling at 65 mph needs approximately 525 feet to come to a complete stop. That’s nearly two football fields. Compare that to your passenger vehicle’s stopping distance of around 300 feet. In Burleigh County’s unpredictable weather—where sudden squalls can reduce visibility to zero on I-94—that difference becomes deadly.
Winter Weather Catastrophes
Burleigh County winters are unforgiving. Temperatures regularly plunge to -20°F, creating conditions that test both man and machine. Black ice forms invisibly on bridge decks and shaded stretches of Highway 83. High winds create whiteouts that disorient even local drivers.
Trucking companies operating in North Dakota must account for these conditions or face liability. Under 49 CFR § 392.14, drivers must exercise extreme caution in hazardous conditions, including snow, ice, and high winds. When conditions become sufficiently dangerous, federal regulations require drivers to pull off the road and wait—or risk violating the safety standards that govern commercial transportation.
Yet we see cases where dispatchers pressure drivers to “keep moving” through blizzard warnings to meet delivery quotas. When that happens, and a jackknifed trailer blocks all lanes of I-94 near the Missouri River crossing, it’s not an “act of God”—it’s corporate negligence.
Common Accident Types We See in Burleigh County
Jackknife Accidents: North Dakota’s wind-swept plains create perfect conditions for jackknifes when drivers brake improperly on slick surfaces. The trailer swings perpendicular to the cab, sweeping across multiple lanes and creating impassable barriers. These accidents often involve violations of 49 CFR § 393.48 (brake maintenance requirements) or § 392.6 (speeding for road conditions).
Rear-End Collisions: On the long, straight stretches of I-94 between Bismarck and Jamestown, driver fatigue becomes lethal. When a trucker who’s been driving beyond the 11-hour federal limit falls asleep at the wheel, the resulting rear-end collision generates forces that crush passenger vehicle compartments. These cases often reveal Hours of Service violations under 49 CFR Part 395—violations that our team proves through ELD (Electronic Logging Device) data analysis.
Rollover Accidents: The combination of high winds and top-heavy loads creates rollover risks unique to North Dakota’s prairie highways. When cargo isn’t properly secured per 49 CFR § 393.100-136, a sudden gust can send a trailer tumbling into the ditch—or into oncoming traffic.
Underride Collisions: Perhaps the most horrific accidents we handle involve underrides, where a passenger vehicle slides beneath the trailer. Despite federal requirements for rear impact guards (49 CFR § 393.86), many trailers on Burleigh County roads have inadequate or damaged guards that fail to prevent underride. These crashes are often fatal or result in catastrophic head and neck trauma.
Tire Blowouts: Extreme temperature fluctuations in North Dakota—where a truck might start in 90-degree heat and end in subzero conditions—create stress on tire systems. Underinflated tires in summer heat lead to blowouts that cause multi-vehicle pileups on I-94. These cases require immediate preservation of tire maintenance records under 49 CFR § 396.3.
Brake Failure Accidents: Brake problems contribute to approximately 29% of large truck crashes nationwide. On Burleigh County’s steep descents and in stop-and-go traffic near Bismarck’s commercial districts, poorly maintained brake systems fail catastrophically. We subpoena maintenance records immediately to prove violations of 49 CFR § 393.40-55.
Who’s Really Responsible? Identifying Every Liable Party in Your Burleigh County Trucking Accident
Most accident victims assume they can only sue the truck driver. That’s exactly what the trucking company wants you to think. In reality, 18-wheeler accidents present multiple layers of liability—each representing a potential source of compensation for your injuries.
The Truck Driver
Driver negligence takes many forms: distracted driving (texting or using dispatch devices), fatigued driving beyond federal limits, impairment (despite 49 CFR § 392.5 prohibiting alcohol within four hours of duty), or simple failure to adjust speed for Burleigh County’s winter conditions.
But individual drivers rarely carry sufficient insurance to cover catastrophic injuries. That’s why we look deeper.
The Trucking Company (Motor Carrier)
Under the doctrine of respondeat superior, employers are responsible for their employees’ negligent acts. But trucking companies can also be directly negligent through:
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Negligent Hiring: Failing to verify a driver’s CDL status, medical certification, or accident history. 49 CFR § 391.51 requires comprehensive Driver Qualification Files—records we subpoena immediately in every case.
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Negligent Training: Sending drivers onto North Dakota highways without proper training in winter weather operations or mountain driving techniques.
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Negligent Supervision: Ignoring Hours of Service violations or patterns of unsafe driving revealed in ELD data.
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Negligent Maintenance: Failing to inspect and repair brake systems, tires, and lighting per 49 CFR Part 396.
We’ve secured settlements from major carriers because we proved they prioritized delivery schedules over human lives. When Ralph Manginello takes on a trucking company, he brings 25 years of trial experience—experience that includes litigating against Fortune 500 corporations like BP in the Texas City Refinery explosion case. Trucking companies know which lawyers are willing to go to trial, and they settle more generously when facing our firm.
The Cargo Owner and Loading Company
Burleigh County’s economy relies heavily on agriculture and energy—industries that generate massive trucking volumes. When grain elevators overload trailers beyond weight limits, or oil companies rush hazardous materials onto highways without proper securement, they share liability for resulting accidents.
49 CFR § 393.100-136 establishes strict cargo securement standards. When improperly secured loads shift on I-94 curves, causing rollovers, we hold the loading companies accountable alongside the driver.
Truck and Parts Manufacturers
Defective brake systems, tire blowouts caused by manufacturing flaws, or inadequate underride guards can create product liability claims against manufacturers. We work with accident reconstruction experts to identify component failures and research recall histories to prove systemic defects.
Maintenance Companies
Third-party maintenance shops that perform negligent repairs—adjusting brakes incorrectly, installing wrong parts, or clearing vehicles for service despite known defects—face direct liability under negligence theories.
Freight Brokers
Brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection. When brokers choose the cheapest carrier without checking safety ratings (available through FMCSA’s SAFER system), they put Burleigh County motorists at risk.
Government Entities
In limited circumstances, poor road design or inadequate maintenance of Burleigh County highways may contribute to accidents. However, claims against government entities face strict notice requirements and sovereign immunity defenses that require immediate legal attention.
Critical Evidence: Why the First 48 Hours Determine Your Case
Trucking companies don’t wait to protect themselves. Within hours of a crash on Burleigh County roads, they’re dispatching rapid-response teams to the scene—teams whose sole job is to minimize the company’s liability while you’re still receiving medical treatment.
Evidence critical to your case disappears quickly:
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ECM/Black Box Data: Records speed, braking, throttle position, and engine performance in the seconds before impact. Can be overwritten within 30 days or with new driving events.
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ELD Records: Prove Hours of Service violations and driver fatigue. FMCSA only requires retention for six months.
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Dashcam Footage: Often deleted within 7-14 days if not preserved.
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Driver Qualification Files: Essential for proving negligent hiring violations.
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Maintenance Records: Show patterns of deferred repairs that violate 49 CFR § 396.3.
We send spoliation letters within 24 hours of being retained—legal notices that put the trucking company on notice of their duty to preserve evidence. When defendants destroy evidence after receiving our letter, courts can impose sanctions, adverse inference instructions, or even default judgments.
As client Glenda Walker told us: “They fought for me to get every dime I deserved.” That fight starts with securing evidence before it disappears. Every hour you wait gives the trucking company another hour to “lose” the records that prove their negligence.
Catastrophic Injuries and Their Lifelong Impact
Burleigh County residents injured in trucking accidents face unique challenges. Our rural geography means immediate trauma care requires transport to CHI St. Alexius Health in Bismarck or potentially airlift to larger facilities. The severity of 18-wheeler collisions often results in injuries that require lifelong care.
Traumatic Brain Injury (TBI)
The sudden deceleration forces in truck collisions cause the brain to impact the skull, resulting in bruising, bleeding, and shearing injuries. Symptoms may not appear immediately but can include memory loss, personality changes, chronic headaches, and cognitive deficits. TBI cases we’ve handled have resulted in settlements ranging from $1.5 million to over $9.8 million, reflecting the lifetime of care and lost earning capacity these injuries create.
Spinal Cord Injuries and Paralysis
The crushing forces of underride and rollover accidents frequently sever or damage the spinal cord. Paraplegia (loss of function below the waist) and quadriplegia (loss of function in all four limbs) require lifetime care costing between $1.1 million and $5 million—figures that don’t include lost wages or pain and suffering.
Amputations
When passenger compartments are crushed or victims are trapped in wreckage, surgical amputation may be necessary. Beyond the initial trauma, victims face prosthetic costs ($5,000-$50,000+ per device), rehabilitation, phantom limb pain, and permanent disability. Our documented settlements for amputation cases range from $1.9 million to $8.6 million.
Severe Burns
Tanker trucks hauling flammable materials through Burleigh County create burn risks when collisions rupture fuel tanks. Third and fourth-degree burns require skin grafting, multiple surgeries, and leave permanent scarring and disability.
Wrongful Death
When trucking accidents claim lives, North Dakota law allows surviving family members to recover damages for lost income, loss of consortium, mental anguish, and funeral expenses. While no amount replaces a loved one, holding the trucking company accountable provides justice and financial security for grieving families. Our wrongful death recoveries have ranged from $1.9 million to $9.5 million.
North Dakota Law: Your Rights and Time Limits
Burleigh County residents benefit from North Dakota’s plaintiff-friendly statutes of limitations, but waiting too long still carries catastrophic risks.
Statute of Limitations
Personal Injury: Six years from the date of accident—the longest in the United States. This gives us time to ensure you’ve reached maximum medical improvement before settling, ensuring all future medical costs are accounted for.
Wrongful Death: Two years from the date of death. This shorter window requires immediate action to preserve claims.
While six years seems generous, we never recommend waiting. Evidence disappears, witnesses move away, and trucking companies change ownership or go out of business. The sooner we can send preservation letters and begin investigation, the stronger your case becomes.
Comparative Negligence in North Dakota
North Dakota follows a modified comparative negligence rule with a 50% bar. This means you can recover damages as long as you’re not 50% or more at fault. If you are found partially responsible, your recovery is reduced by your percentage of fault—for example, if you’re awarded $100,000 but found 20% at fault, you receive $80,000.
However, if the trucking company can prove you were 50% or more responsible, you recover nothing. This makes aggressive investigation and evidence preservation critical from day one. We fight to minimize any attribution of fault to our clients while maximizing the trucking company’s responsibility.
Damage Caps
North Dakota caps punitive damages at the greater of two times compensatory damages or $250,000. However, there’s no cap on economic damages (medical bills, lost wages) or non-economic damages (pain and suffering) in personal injury cases. This allows full recovery for your actual losses and subjective suffering.
The FMCSA Violations That Prove Negligence
Commercial trucking is governed by the Federal Motor Carrier Safety Administration’s regulations—federal laws that apply to every 18-wheeler on Burleigh County roads. When trucking companies violate these regulations, they create negligence per se—legal presumptions of fault that strengthen your case dramatically.
Hours of Service Violations (49 CFR Part 395): Property-carrying drivers may drive a maximum of 11 hours after 10 consecutive hours off-duty. They cannot drive beyond the 14th consecutive hour after coming on duty. During Burleigh County’s harsh winters, these limits become even more critical, yet pressure to deliver Bakken crude or agricultural products often pushes drivers beyond safe limits.
Driver Qualification Violations (49 CFR Part 391): Trucking companies must verify CDL status, medical certifications, and driving histories. When they hire drivers with suspended licenses or disqualifying medical conditions (like untreated sleep apnea), they violate federal law and expose everyone on Burleigh County highways to danger.
Vehicle Maintenance Violations (49 CFR Part 396): Systematic inspection, repair, and maintenance aren’t optional—they’re mandated. Pre-trip inspections must cover brakes, tires, lights, and coupling devices. Post-trip reports document defects. When companies skip these inspections to keep trucks rolling, brake failures and tire blowouts become inevitable.
Cargo Securement Violations (49 CFR § 393.100-136): Loads must withstand 0.8g deceleration forces and 0.5g lateral forces. When Burleigh County’s high winds catch improperly secured loads, rollovers occur. Tiedowns must have adequate working load limits based on cargo weight—requirements frequently ignored by companies rushing to load trucks.
Drug and Alcohol Violations (49 CFR § 392.5): Commercial drivers cannot operate with a BAC of 0.04 or higher (half the legal limit for passenger vehicles) or within four hours of consuming alcohol. Post-accident drug and alcohol testing must occur within specific timeframes—evidence we demand immediately after any serious crash.
Frequently Asked Questions: Burleigh County 18-Wheeler Accidents
How quickly should I contact an attorney after a trucking accident in Burleigh County?
Immediately. While North Dakota gives you six years to file a lawsuit, evidence critical to your case disappears within days. Black box data can be overwritten in 30 days. Dashcam footage often deletes automatically within a week. We send spoliation letters within 24 hours to preserve this evidence. Plus, the trucking company’s insurance adjusters will contact you quickly—we need to protect you from their manipulation tactics.
What if I was partially at fault for the accident?
North Dakota’s modified comparative negligence rule allows recovery as long as you’re less than 50% at fault. Your compensation is reduced by your fault percentage, but you still have a case. We investigate thoroughly to minimize your fault attribution and maximize the trucking company’s responsibility using ECM data, ELD logs, and accident reconstruction.
Who can I sue besides the driver?
Potentially the trucking company, cargo owner, loading company, truck manufacturer, parts manufacturer, maintenance company, freight broker, or truck owner. Each represents a different insurance policy and source of recovery. That’s why we investigate every angle—more defendants means more coverage means better recovery for you.
How much is my case worth?
It depends on injury severity, medical costs (past and future), lost income, pain and suffering, and available insurance. Trucking companies carry minimum coverage of $750,000, often $1-5 million or more. We’ve recovered multi-million dollar settlements for catastrophic injuries, but every case is unique. The key is thorough documentation of all damages.
Will my case go to trial?
Most settle, but we prepare every case as if it’s going to trial. That’s how we maximize settlements—insurance companies offer more when they know your lawyer is willing to litigate. Ralph Manginello’s 25 years of courtroom experience, including federal court admission, ensures we’re ready if trial becomes necessary.
How much does it cost to hire Attorney911?
Nothing upfront. We work on contingency—you pay nothing unless we win. We advance all investigation costs, expert fees, and litigation expenses. Our fee comes from the recovery, not your pocket. You never receive a bill from us.
What if the trucking company is from out of state?
We handle interstate trucking cases regularly. Ralph Manginello is admitted to federal court and licensed in both Texas and New York. Federal regulations apply nationally, and we can pursue out-of-state trucking companies that operate in Burleigh County. Distance doesn’t protect negligent carriers from accountability.
Can undocumented immigrants file personal injury claims in North Dakota?
Yes. Immigration status doesn’t affect your right to compensation after a trucking accident. We represent all accident victims regardless of status, and we have Spanish-speaking staff, including Lupe Peña, who provides direct representation without interpreters. Hablamos Español. Llame al 1-888-ATTY-911.
What if the trucking company claims the accident was caused by weather?
Weather doesn’t excuse negligence. Federal regulations (49 CFR § 392.14) require drivers to exercise extreme caution in hazardous conditions and stop driving when conditions become too dangerous. If a trucker continued through a blizzard or ice storm when reasonable drivers pulled over, that’s negligence, not an “act of God.”
How do I find out if the trucking company has a bad safety record?
FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s CSA (Compliance, Safety, Accountability) scores, inspection history, and crash data. A poor safety record proves the company knew it was putting dangerous drivers on Burleigh County roads.
What are punitive damages, and can I get them?
Punitive damages punish gross negligence or willful misconduct—like knowingly hiring an unqualified driver, falsifying logbooks systemically, or sending trucks out with known brake defects. North Dakota caps punitive damages at 2x compensatory or $250,000, but they serve an important deterrent function against reckless trucking companies.
How long will my case take?
Simple cases with clear liability and moderate injuries may settle in 6-12 months. Complex cases with catastrophic injuries or disputes over liability can take 2-4 years. We work efficiently while ensuring we maximize your recovery—rushing to settle before you know the full extent of your injuries would be malpractice.
Client Testimonials: What Burleigh County Victims Need to Know
We measure success not just in dollars recovered, but in lives restored. Here’s what our clients say about working with Attorney911:
“Ralph Manginello is indeed the best attorney I ever had. He cares greatly about his results.” — AMAZIAH A.T.
“Mr. Manginello and his firm are first class. Will fight tooth and nail for you.” — Ernest Cano
“They fought for me to get every dime I deserved.” — Glenda Walker
“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” — Chad Harris
“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.” — Donald Wilcox
These aren’t just words—they represent real people who faced real devastation and found real help. When you call Attorney911, you’re not getting a case number. You’re getting Ralph Manginello’s 25 years of experience, Lupe Peña’s insider knowledge of insurance tactics, and a team that treats you like family while fighting like warriors.
The Burleigh County Trucking Accident Checklist: Protect Your Rights
If you’ve been in a trucking accident in Burleigh County, take these steps immediately:
- Call 911 and request emergency medical services and law enforcement
- Seek medical attention immediately, even if injuries seem minor (adrenaline masks pain)
- Document the scene with photos: vehicle damage, skid marks, road conditions, weather, and traffic signs
- Gather information: Trucking company name, DOT number, driver CDL, insurance information, witness contacts
- Do NOT give recorded statements to any insurance company
- Do NOT sign any documents without legal review
- Call Attorney911 at 1-888-288-9911 immediately to preserve critical evidence
Remember: The trucking company has lawyers working for them right now. You deserve the same level of representation.
North Dakota Trucking Corridors: Local Knowledge Matters
Burleigh County’s position in central North Dakota creates unique trucking traffic patterns that affect accident causation and litigation:
Interstate 94: The primary east-west corridor carrying freight between Minnesota and Montana. High volumes of oil field equipment, agricultural products, and general freight. Long, straight stretches create fatigue risks, while winter storms create chain-reaction pileups.
Interstate 29: North-south corridor connecting to Canada, carrying international freight and cross-border traffic. Heavy agricultural trucking during harvest seasons.
Highway 83: North-south route through Bismarck connecting to the oil fields. High concentration of tanker trucks and heavy equipment transport.
State Highway 1804: Runs along the Missouri River, carrying oil field traffic and recreational vehicles in summer.
Understanding these corridors—knowing where the dangerous curves are, where black ice forms most frequently, where truck stops create merging hazards—allows us to build stronger cases. When Ralph Manginello investigates your accident, he’s not just looking at police reports; he’s analyzing the specific geography and conditions of the crash location.
Call Attorney911: Your Burleigh County 18-Wheeler Accident Advocates
The trucking company already has lawyers working to minimize your compensation. What are you doing to protect your family?
At Attorney911, we bring:
- 25+ years of experience fighting trucking companies (Ralph Manginello since 1998)
- Multi-million dollar track record including $5M+ TBI settlements and $3.8M+ amputation recoveries
- Insider insurance knowledge through Lupe Peña, our former insurance defense attorney
- Federal court admission for complex interstate cases
- Spanish-speaking representation without interpreters
- 24/7 availability because accidents don’t happen on business hours
- Contingency fee structure—you pay nothing unless we win
We’ve helped clients who other firms rejected. We’ve solved in months what others dragged out for years. We’ve made trucking companies pay for putting dangerous drivers on North Dakota highways.
Don’t wait. Evidence is disappearing right now. Call 888-ATTY-911 (1-888-288-9911) for your free consultation.
Or reach out in Spanish: Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
Your case matters. Your recovery matters. You matter.
We’re Attorney911—The Manginello Law Firm. We’ve been fighting for trucking accident victims for over two decades, and we’re ready to fight for you.
The information provided on this page is for educational purposes and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Contact us directly to discuss the specific facts of your Burleigh County trucking accident case.