Eddy County 18-Wheeler Accident Attorneys | Attorney911
When Winter Roads and 80,000 Pounds Collide on US-2
The ice came out of nowhere. One moment you’re driving home through Eddy County on Highway 2, watching the North Dakota plains roll past. The next, an 18-wheeler is jackknifing across both lanes, its trailer swinging toward you with crushing force. There’s no time to react. No place to go. Just the brutal physics of 80,000 pounds of steel meeting frozen pavement.
If this sounds familiar—if you or someone you love has been hurt in a trucking accident anywhere in Eddy County—you’re not alone. The trucking corridors serving our agricultural communities see heavy freight traffic year-round, but winter transforms these highways into deadly traps. At Attorney911, we’ve spent over 25 years holding trucking companies accountable when their negligence turns Eddy County’s roads into danger zones.
Ralph Manginello, our managing partner, has been fighting for accident victims since 1998. He’s admitted to federal court and has recovered multi-million dollar settlements for families across North Dakota and beyond. Our associate attorney Lupe Peña brings something even more valuable to your case—he used to work for insurance companies defending trucking claims. Now he uses that insider knowledge to fight against them. That’s your advantage when you call 1-888-ATTY-911.
Why Eddy County Trucking Accidents Demand Specialized Experience
Eddy County isn’t just another dot on the map—it’s a critical link in America’s agricultural supply chain. US Highway 2 cuts straight through our county, carrying grain, equipment, and commercial freight across some of the most challenging terrain in North Dakota. When trucking companies prioritize speed over safety on these rural highways, the consequences are catastrophic.
The numbers tell a sobering story. Every year, thousands of Americans die in commercial truck crashes, with over 5,100 fatalities nationwide. In rural counties like Eddy, the survival rate is often worse because emergency services are farther away and winter weather delays response times. A truck accident near New Rockford or Sheyenne might leave victims waiting precious minutes for help to arrive—minutes that can mean the difference between recovery and permanent disability.
But here’s what most people don’t know: trucking companies have teams of lawyers and rapid-response investigators who arrive at crash scenes before the ambulance does. They’re not there to help you. They’re there to protect the trucking company’s interests. While you’re being treated at the hospital, they’re collecting evidence, interviewing witnesses, and building a defense to minimize what they pay you.
That’s why you need Attorney911 on your side immediately. We don’t just handle trucking cases—we specialize in them. We’ve gone toe-to-toe with Fortune 500 corporations like BP, secured multi-million dollar settlements for traumatic brain injury victims, and we know every tactic trucking companies use to avoid responsibility. With offices serving North Dakota and 25+ years of experience, we’re never far from Eddy County when disaster strikes.
The Hidden Danger on Eddy County Highways: Federal Violations in Plain Sight
Most drivers don’t realize that every 18-wheeler on US-2 is governed by strict federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets rules covering everything from how long drivers can stay behind the wheel to how often brakes must be inspected. When trucking companies break these rules—and they often do—they put everyone in Eddy County at risk.
Hours of Service Violations Kill
FMCSA regulations limit property-carrying drivers to 11 hours of driving time after 10 consecutive hours off duty. They can’t drive beyond the 14th consecutive hour after coming on duty, and they must take a 30-minute break after 8 cumulative hours of driving. These rules exist because fatigue causes approximately 31% of fatal truck crashes.
Yet in agricultural areas like Eddy County, harvest season creates intense pressure to move grain quickly. Drivers push beyond legal limits, falsify Electronic Logging Device (ELD) records, and trucking companies look the other way. We’ve seen cases where drivers were awake for 20+ hours before causing devastating crashes near New Rockford.
Brake Maintenance Neglect in Winter Conditions
Under 49 CFR § 396.3, trucking companies must systematically inspect, repair, and maintain vehicles to keep them in safe operating condition. In North Dakota’s brutal winters, this means checking brake systems constantly—salt and ice destroy braking performance.
When trucks skip inspections or defer maintenance to save money, brake failure becomes inevitable. On the downhill grades approaching the Sheyenne River valley, a runaway truck becomes a weapon of mass destruction.
Cargo Securement Failures
49 CFR § 393.100-136 establishes strict cargo securement standards. Agricultural loads—grain, equipment, livestock—must be properly tied down with sufficient working load limits. In Eddy County, we’ve seen grain trucks spill loads onto US-2, causing multi-vehicle pileups because loaders failed to use adequate tiedowns or account for load shifting.
These aren’t just technical violations—they’re proof of negligence that can win your case.
The 10 Parties Who May Owe You Compensation
Unlike simple car accidents, 18-wheeler crashes often involve multiple liable parties. At Attorney911, we investigate every potential defendant because more defendants means more insurance coverage means higher compensation for you.
1. The Truck Driver
Individual negligence—speeding, distraction, fatigue, impairment, or failure to adjust for ice and snow—makes the driver personally liable. We subpoena cell phone records, ELD data, and drug test results to prove misconduct.
2. The Trucking Company (Motor Carrier)
Under “respondeat superior” doctrine, employers are responsible for employees’ negligent acts. Plus, companies face direct liability for:
- Negligent Hiring: Failing to check driving records
- Negligent Training: Not teaching winter driving safety for North Dakota conditions
- Negligent Supervision: Ignoring HOS violations
- Negligent Maintenance: Skipping brake inspections
3. The Cargo Owner/Shipper
When grain elevators or agricultural operations load trucks, they may be liable for overweight loads or improper securement that causes rollovers on Eddy County’s rural roads.
4. The Loading Company
Third-party loaders who fail to secure cargo properly violate 49 CFR § 393 and cause dangerous load shifts.
5. Truck/Trailer Manufacturers
Defective brake systems, faulty stability control, or inadequate underride guards create product liability claims.
6. Parts Manufacturers
Defective tires, brake components, or steering mechanisms that fail in extreme cold temperatures.
7. Maintenance Companies
Third-party mechanics who perform negligent repairs or sign off on unsafe trucks create separate liability.
8. Freight Brokers
Brokers who hire carriers with poor safety records (visible in FMCSA’s CSA scores) may face negligent selection claims.
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the equipment owner may be independently liable for maintenance failures.
10. Government Entities
When Eddy County or state agencies fail to maintain US-2 properly—poor signage, inadequate snow removal, or dangerous bridge approaches—they may share liability.
The Winter Weather Factor: Accidents Unique to North Dakota
Not all trucking accidents are the same. In Eddy County, winter transforms standard highway risks into deadly hazards:
Jackknife Accidents on Ice
When drivers brake hard on icy sections of US-2, trailers swing perpendicular to cabs, blocking entire highways. These often result from speeding for conditions or brake imbalance.
Rollover Accidents on Grades
The terrain around the Sheyenne River and Devils Lake Basin includes grades where high-profile trucks can overturn, especially with shifting agricultural loads.
Underride Collisions
In whiteout conditions, passenger vehicles may collide with slow-moving trucks and slide underneath, causing catastrophic head injuries or decapitation.
Tire Blowouts in Extreme Cold
Temperatures plunging to -20°F or lower cause tire rubber to harden and crack. Improperly maintained tires explode, sending drivers into spins on ice.
Brake Failure on Long Downhills
Mountain driving isn’t the only place brakes overheat. Long descents on undulating prairie roads, combined with salt corrosion, degrade braking capacity.
Black Ice Pileups
Near bridges and overpasses on US-2, black ice forms without warning. Fatigued or speeding truckers can’t stop in time, causing multi-vehicle chain-reaction crashes.
Each accident type requires specific evidence preservation. Jackknife accidents need ECM data showing brake timing. Rollovers require load distribution analysis. Underride cases demand inspection of rear impact guards.
The 48-Hour Evidence Crisis: Why You Must Act Now
Here’s the urgent truth about trucking accidents: evidence disappears fast. While you’re recovering in the hospital, the trucking company is already destroying the proof you need to win your case.
Critical Evidence Timeline:
- ECM/Black Box Data: Overwrites within 30 days as trucks continue operating
- ELD Logs: May be deleted or altered within weeks
- Dashcam Footage: Often recorded over within 7-14 days
- Driver Qualification Files: Can be “lost” if not requested immediately
- Maintenance Records: Disappear when companies realize litigation is coming
We send spoliation letters within 24-48 hours of being retained. These legal demands put trucking companies on notice that destroying evidence will result in court sanctions, adverse inference instructions (juries told to assume destroyed evidence was unfavorable), and punitive damages.
Our associate Lupe Peña knows exactly what evidence adjusters try to hide because he used to be one of them. He knows their playbook, their delays, and their destruction protocols. That’s why we move faster than other firms.
Don’t wait for the trucking company to call their lawyers. Call us first: 1-888-ATTY-911.
Catastrophic Injuries and What They’re Worth
When an 80,000-pound truck hits a passenger vehicle, catastrophic injuries are the norm, not the exception. At Attorney911, we’ve recovered multi-million dollar settlements because we understand the lifetime costs of these injuries.
Traumatic Brain Injury (TBI)
Concussions, contusions, and diffuse axonal injuries cause memory loss, personality changes, and permanent cognitive impairment. Settlements range from $1.5 million to $9.8 million+ depending on severity and lifetime care needs.
Spinal Cord Injuries
Paraplegia and quadriplegia require wheelchairs, home modifications, and 24/7 care. Lifetime costs exceed $4.7 million to $25.8 million. We ensure your settlement covers decades of medical expenses.
Amputations
Crushing forces often require limb removal. Modern prosthetics cost $5,000-$50,000+ each and need replacing every few years. Settlements range from $1.9 million to $8.6 million.
Severe Burns
Fuel fires from tanker trucks cause disfigurement requiring multiple skin grafts and reconstructive surgeries.
Wrongful Death
When negligence kills a loved one on Eddy County’s highways, families recover $1.9 million to $9.5 million+ for lost income, companionship, and mental anguish.
As client Glenda Walker told us after we fought for her family: “They fought for me to get every dime I deserved.” That’s our promise to every Eddy County family we represent.
North Dakota Laws That Affect Your Case
Eddy County operates under North Dakota’s specific legal framework. Understanding these rules is crucial:
Six-Year Statute of Limitations
North Dakota gives you six years from the accident date to file a personal injury lawsuit—longer than most states. However, waiting is still dangerous. Evidence disappears within weeks, and witnesses’ memories fade. Call us immediately to preserve your claim.
50% Bar Rule for Comparative Fault
North Dakota uses modified comparative negligence with a 50% bar rule. If you’re found 49% or less at fault, you recover damages reduced by your percentage. If you’re 50% or more at fault, you recover nothing. Trucking companies will try to blame you—especially in winter weather accidents where they’ll claim you were driving too fast for conditions. We fight these allegations with ECM data and accident reconstruction.
Punitive Damages Cap
In cases of gross negligence—like knowingly putting a fatigued driver on the road or falsifying maintenance records—North Dakota caps punitive damages at the greater of two times compensatory damages or $250,000. While this limits punishment in some cases, we still pursue these damages to maximize your recovery and hold companies accountable.
Government Immunity
If poor road maintenance contributed to your crash (inadequate snow removal on county roads, for example), special rules apply with shorter notice requirements. We handle these complex claims against government entities.
Frequently Asked Questions: Eddy County Truck Accidents
1. What makes trucking accidents different from regular car crashes in Eddy County?
Commercial trucks carry $750,000 to $5 million in insurance—far more than passenger vehicles. Multiple parties may be liable, and federal regulations apply. The injuries are typically catastrophic due to the weight disparity (80,000 lbs vs. 4,000 lbs).
2. Who can I sue after an 18-wheeler accident near New Rockford?
Potentially liable parties include the driver, trucking company, cargo owner, loading company, maintenance providers, parts manufacturers, and even government entities responsible for road maintenance. We investigate all avenues.
3. How much is my case worth?
Value depends on injury severity, medical costs, lost wages, pain and suffering, and available insurance. With six years to file in North Dakota, we take time to ensure you receive maximum compensation for all damages.
4. What if I was partially at fault for the accident on US-2?
Under North Dakota’s 50% bar rule, you can still recover if you’re 49% or less at fault. Your recovery is reduced by your fault percentage. As long as you’re not 50% or more responsible, you have a case.
5. Should I talk to the trucking company’s insurance adjuster?
Never. Adjusters are trained to minimize your claim. Anything you say can be used against you. Let us handle communications while you focus on healing.
6. What is an Electronic Logging Device (ELD) and why does it matter?
ELDs track driver hours electronically. They prove whether the driver violated hours-of-service regulations. This data can be overwritten in 30 days, which is why we send preservation letters immediately.
7. How long do I have to file a lawsuit in Eddy County?
North Dakota gives you six years for personal injury cases—longer than most states. But don’t wait. Evidence critical to your case disappears within days or weeks.
8. What if the truck driver was an independent contractor?
Trucking companies often use this to dodge liability, but we examine lease agreements, supervision levels, and operational control. Many “independent contractors” are legally employees.
9. Can I recover if the accident happened during a blizzard?
Yes. Truck drivers must adjust speed for conditions. Driving 65 mph on US-2 during a whiteout is negligent regardless of the posted speed limit. We use weather data and ECM speed records to prove liability.
10. What are common FMCSA violations in winter accidents?
Failure to maintain brakes for winter conditions, driving faster than weather permits, inadequate pre-trip inspections, hours-of-service violations during harvest season, and improper cargo securement for ice and snow.
11. How quickly should I hire an attorney?
Immediately. The trucking company has lawyers working now. You need someone protecting your interests. Call 888-ATTY-911 today.
12. What does “spoliation of evidence” mean?
It’s when trucking companies destroy evidence like black box data or maintenance records. Once we send a spoliation letter, destroying evidence becomes a serious legal violation that can result in sanctions or punitive damages.
13. Do I need money upfront to hire Attorney911?
No. We work on contingency—you pay nothing unless we win. We advance all costs. Hablamos Español for Eddy County’s Spanish-speaking residents.
14. What if my loved one died in the accident?
Wrongful death claims allow recovery for funeral expenses, lost future income, loss of companionship, and mental anguish. North Dakota allows specified family members to bring these claims within six years.
15. Can undocumented immigrants file claims in North Dakota?
Yes. Immigration status does not affect your right to compensation after a trucking accident. We protect all victims regardless of status.
16. What if the truck had a tire blowout?
We investigate whether the tire was defective (manufacturer liability), improperly maintained (trucking company liability), or whether road debris caused the failure. Tire blowouts on US-2 often cause rollovers or jackknifes.
17. How do you prove the driver was fatigued?
ELD data, dispatch records showing impossible delivery schedules, fuel receipts showing non-stop driving, and driver testimony. Fatigue is one of the leading causes of Eddy County trucking accidents during harvest.
18. What if the trucking company is from another state?
We can still sue them in North Dakota federal court if the accident occurred here. Ralph Manginello is admitted to federal court and handles interstate trucking cases regularly.
19. What’s the difference between economic and non-economic damages?
Economic damages are quantifiable: medical bills, lost wages, property damage. Non-economic damages cover pain and suffering, mental anguish, and loss of enjoyment of life. Both are recoverable in North Dakota.
20. 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 will actually go to court. We’ve tried cases against the largest trucking companies in America.
21. What if the truck was hauling hazardous materials?
HAZMAT trucks must carry $5 million in insurance. Spills causing chemical exposure create additional liability and potential for punitive damages. Eddy County emergency services must be notified immediately.
22. How do I pay for medical treatment while my case is pending?
We can arrange medical liens with providers who treat you now and get paid from the settlement. Don’t delay treatment due to financial concerns.
23. What if the accident involved multiple vehicles?
We identify the initial cause and hold that party responsible. Chain-reaction crashes on icy US-2 often start with one negligent truck driver following too closely or speeding.
24. Can I still recover if the truck driver claimed I “cut them off”?
We use ECM data to reconstruct exactly what happened. Drivers often lie to protect their jobs. Objective data proves the truth.
25. What happens if the trucking company files for bankruptcy?
We pursue insurance coverage directly and investigate whether parent companies or insurers can be held liable. Bankruptcy doesn’t eliminate insurance obligations.
Why Eddy County Families Choose Attorney911
When you’re hurt on Highway 2 or any Eddy County road, you don’t want a lawyer who treats you like a case number. You want a fighter who knows your community.
Donald Wilcox was turned away by one firm before he called us. “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.”
Chad Harris appreciated our personal approach: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Ernest Cano summed up our reputation: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
Ralph Manginello has been building this reputation since 1998. With federal court experience and a track record including the BP Texas City explosion litigation, he has the credentials to take on the largest trucking corporations. Lupe Peña’s background as a former insurance defense attorney means we know their tactics before they use them.
We’ve recovered over $50 million for clients, including multi-million dollar settlements for brain injuries, amputations, and wrongful death. Currently, we’re litigating a $10 million hazing case against the University of Houston—demonstrating our willingness to take on powerful institutions.
But numbers don’t tell the whole story. Our 4.9-star Google rating from 251+ reviews reflects how we treat people. As Kiimarii Yup shared: “I lost everything… 1 year later I have gained so much in return plus a brand new truck.”
The Insurance Company Playbook—And How We Counter It
Insurance adjusters handling Eddy County trucking accidents use specific tactics to minimize payouts. They know North Dakota’s rural juries can be conservative, so they lowball settlements hoping victims will accept quick cash before understanding their injuries.
Tactic 1: The Early Lowball
They offer quick settlements within weeks, before you know the full extent of injuries. We reject these offers and calculate lifetime costs first.
Tactic 2: The “Pre-Existing Condition” Blame
They claim your back injury or neck pain existed before the crash. We prove causation with medical experts and accident reconstructions.
Tactic 3: Comparative Fault Pressure
They try to convince you that North Dakota weather makes accidents “unavoidable,” pushing you toward the 50% fault threshold. We prove the driver failed to adjust for conditions—a violation of FMCSA regulations.
Tactic 4: Delay and Deny
They stall hoping you’ll accept less due to financial pressure. We file lawsuits to force discovery and move cases forward.
Lupe Peña watched these tactics from the inside for years. Now he preempts them. When the insurance company sees Attorney911 on the letterhead, they know we won’t be bullied.
Immediate Steps to Protect Your Eddy County Case
If you’ve just been in a trucking accident on US-2 or anywhere in Eddy County:
- Seek medical attention immediately—even if you feel fine. Adrenaline masks serious injuries.
- Document everything—photos of vehicles, scene, weather conditions, and your injuries.
- Get the truck’s DOT number—found on the driver’s side door.
- Avoid recorded statements—don’t talk to any insurance company without counsel.
- Call 1-888-ATTY-911—we answer 24/7 and can be in Eddy County quickly.
Evidence preservation is time-critical. The black box data showing whether the driver was speeding or failed to brake won’t last forever. Neither should you wait to call.
Call Attorney911 Today: Your Eddy County Truck Accident Lawyers
The fields around Eddy County feed America, but the trucks moving that harvest shouldn’t endanger our families. When trucking companies put profits over safety—skipping inspections, pushing drivers past legal limits, or sending unqualified operators onto icy highways—they must pay.
Ralph Manginello and the team at Attorney911 have the experience, resources, and determination to take on these companies. With 25+ years of experience, federal court admission, and a former insurance defense attorney on our team, we offer something rare: insider knowledge combined with aggressive plaintiff advocacy.
We don’t charge anything unless we win. You pay no upfront costs. We advance all investigation expenses, expert fees, and court costs. If we don’t recover compensation for you, you owe us nothing.
Hablamos Español. Lupe Peña and our staff can assist Spanish-speaking clients throughout Eddy County without interpreters.
Don’t let the trucking company build their defense while you suffer. The evidence is disappearing right now. Pick up the phone and call 1-888-ATTY-911 (1-888-288-9911) for a free consultation. We’re available 24/7 because trucking accidents don’t happen on business hours.
Your recovery starts with one call. Make it today.
