When an 80,000-pound truck slams into your vehicle on the frozen highways of McIntosh County, nothing prepares you for what comes after. The crushing impact. The blizzard of medical bills. The trucking company that’s already calling their lawyers while you’re still in shock.
We’ve seen it before. Ralph Manginello has spent over 25 years fighting for families devastated by 18-wheeler accidents across North Dakota and beyond. We’ve stood in courtrooms from Bismarck to federal court, securing multi-million dollar settlements for traumatic brain injuries, amputations, and wrongful deaths caused by negligent trucking companies. When winter storms hit McIntosh County and trucks jackknife across US-83, or when fatigued drivers lose control on I-94, we know exactly how to hold them accountable.
The clock is already ticking. Black box data can be overwritten in 30 days. Evidence from your McIntosh County accident scene is disappearing right now. Call 1-888-ATTY-911 immediately—because trucking companies aren’t waiting, and neither should you.
Why 18-Wheeler Accidents in McIntosh County Are Different
Your car weighs 4,000 pounds. A loaded semi weighs up to 80,000 pounds. That’s not just a collision—it’s physics working against you with brutal force. In McIntosh County, where US-83 and county roads see heavy agricultural traffic during harvest season, and where I-94 carries transcontinental freight through some of North Dakota’s harshest winter conditions, trucking accidents aren’t just more dangerous—they’re legally more complex.
Unlike a fender-bender between two cars, commercial truck cases involve federal regulations, multiple insurance policies, and corporations that know exactly how to hide evidence. The trucking company that hit you has already dispatched a rapid-response team to McIntosh County. They’re photographing the scene, downloading engine data, and coaching their driver on what to say. You need someone doing the same for you.
Our managing partner, Ralph Manginello, brings federal court experience from the Southern District of Texas to every case, including those here in McIntosh County. Our team includes Lupe Peña, an associate attorney who spent years working for insurance companies—now he uses that insider knowledge to fight against them. As client Chad Harris told us after we handled his case, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
The FMCSA Regulations That Prove Negligence
Every commercial truck on McIntosh County roads must follow strict Federal Motor Carrier Safety Administration (FMCSA) regulations codified in 49 CFR Parts 390-399. When trucking companies violate these rules, they’re not just breaking the law—they’re putting your family at risk.
Driver Qualification Standards (49 CFR Part 391)
Before a driver can legally operate an 18-wheeler in interstate commerce, they must maintain a complete Driver Qualification File. This includes:
- Valid commercial driver’s license (CDL)
- Current medical examiner’s certificate (renewed every 24 months)
- Pre-employment drug testing results
- Three-year driving history from previous employers
- Road test certification or equivalent
In McIntosh County, where long-haul drivers push through North Dakota’s brutal winters, we’ve found trucking companies hiring drivers with suspended licenses or failed drug tests. When they do, that’s negligent hiring—and we prove it by subpoenaing these files within days of your accident.
Hours of Service Violations (49 CFR Part 395)
Fatigue kills. Federal law limits property-carrying drivers to:
- 11 hours maximum driving after 10 consecutive hours off duty
- 14 hours maximum on-duty window (cannot drive beyond the 14th hour)
- 30-minute break required after 8 cumulative hours of driving
- 60/70-hour weekly limits (60 hours in 7 days OR 70 hours in 8 days)
Since December 18, 2017, drivers must use Electronic Logging Devices (ELDs) that record this data automatically. These devices don’t lie—unlike paper logbooks that drivers can falsify. When a jackknife occurs on an icy McIntosh County stretch of US-83 at 3 AM, we immediately subpoena the ELD data to prove the driver exceeded their hours.
Vehicle Inspection & Maintenance (49 CFR Part 396)
North Dakota’s extreme weather demands rigorous maintenance. Federal law requires:
- Pre-trip inspections before every drive (49 CFR § 396.13)
- Post-trip reports documenting any defects (49 CFR § 396.11)
- Annual comprehensive inspections by certified mechanics
- Repair of any defect affecting safety before returning to service
Brake failures cause 29% of truck accidents. When a truck can’t stop on McIntosh County’s icy roads because the company deferred maintenance to save money, we pull their maintenance records and find the pattern of neglect.
Cargo Securement (49 CFR Part 393)
Wheat, soybeans, and equipment move through McIntosh County daily. Federal rules require cargo to withstand:
- 0.8g deceleration force (sudden stops)
- 0.5g lateral force (turning)
- 0.5g rearward force
When grain spills across a McIntosh County highway or improperly secured equipment shifts causing a rollover, the cargo loading company may be liable alongside the driver.
Prohibited Conduct (49 CFR Part 392)
Drivers cannot:
- Operate while fatigued or ill (§ 392.3)
- Use handheld mobile phones while driving (§ 392.82)
- Drive under influence of alcohol (.04 BAC limit) or drugs (§ 392.4-5)
- Exceed posted speed limits (§ 392.6)
One violation can prove negligence and trigger punitive damages.
Types of 18-Wheeler Accidents in McIntosh County
Jackknife Accidents on Ice
When a truck trailer swings perpendicular to the cab, blocking multiple lanes, it’s called a jackknife. In McIntosh County, where winter temperatures drop to -20°F and black ice coats US-83 and I-94, these accidents spike between November and March.
Jackknives usually happen when drivers brake suddenly on slippery surfaces or exceed safe speeds for conditions. The data from the truck’s Electronic Control Module (ECM) proves exactly when brakes were applied and how fast they were traveling. In one case near Ashley, we proved a driver was traveling 65 mph in blizzard conditions, violating 49 CFR § 392.6’s requirement to adjust speed for conditions.
Rollover Accidents on Rural Roads
McIntosh County’s agricultural economy means trucks hauling heavy loads on narrow county roads. Rollovers occur when:
- Drivers take curves too fast (common on Township Road 135 and similar rural routes)
- Cargo shifts during transport (violating 49 CFR § 393.100)
- Trailers are empty or lightly loaded, making them top-heavy
- Drivers overcorrect after drifting on gravel shoulders
These accidents often cause crushing injuries when the trailer lands on smaller vehicles. We’ve recovered $5+ million for traumatic brain injury victims in similar rollover cases.
Underride Collisions
The deadliest truck accidents involve underrides—when a car slides under the trailer. The trailer height often shears off the passenger compartment at windshield level. Federal law requires rear impact guards (49 CFR § 393.86), but many are damaged or improperly maintained. Side underride guards aren’t federally required—yet—but we hold trucking companies accountable for negligence when these preventable deaths occur on McIntosh County roads.
Rear-End Collisions
A loaded truck needs 525 feet to stop at 65 mph—nearly two football fields. In McIntosh County’s whiteout conditions, following too closely (violating 49 CFR § 392.11) becomes deadly. When distracted or fatigued drivers fail to stop in time, the resulting crashes cause catastrophic spinal cord injuries and whiplash.
Wide Turn Accidents (“Squeeze Play”)
Trucks making right turns swing wide left first, creating a gap that vehicles enter—then the truck crushes them while completing the turn. These accidents happen frequently in McIntosh County’s tighter intersections and rural crossings where drivers fail to signal properly or check mirrors.
Tire Blowouts in Extreme Heat
North Dakota summers can spike past 100°F. Heat buildup causes tire failures, especially on long hauls across I-94. When blowouts occur, debris (called “road gators”) strikes following vehicles, or the driver loses control. FMCSA requires minimum tread depths (4/32″ on steer tires, 2/32″ on others per 49 CFR § 393.75). We inspect tires immediately to find maintenance violations.
Brake Failure on Descents
While McIntosh County doesn’t have mountain passes, long grades on I-94 and brake overheating from repeated stops can cause catastrophic failure. When brake systems aren’t maintained per 49 CFR § 393.40-55, trucks become 80,000-pound missiles.
Cargo Spills on Agricultural Routes
During harvest season, McIntosh County sees increased truck traffic hauling grain, soybeans, and equipment. Improperly secured loads shift, spill, or tumble onto roadways, causing multi-vehicle pileups and secondary accidents. We investigate loading company liability under 49 CFR Part 393.
Every Party Who Could Owe You Money
Most firms only sue the driver and trucking company. We investigate deeper—because more defendants means more insurance coverage means higher compensation for you.
The Truck Driver: Direct negligence for speeding, distraction, fatigue, or impairment. We subpoena cell phone records and drug test results.
The Trucking Company: Vicarious liability under respondeat superior, plus direct negligence for:
- Negligent Hiring: Failing to verify CDL status or driving history
- Negligent Training: Not teaching winter driving techniques for North Dakota conditions
- Negligent Supervision: Ignoring ELD violations or HOS violations
- Negligent Maintenance: Skipping brake inspections to save money
The Cargo Owner/Shipper: When they pressure drivers to exceed weight limits or speed to meet delivery deadlines.
The Loading Company: Third-party warehouse or agricultural operations that load trucks improperly. In McIntosh County’s grain elevators and storage facilities, improper loading causes rollovers.
Truck/Parts Manufacturers: Defective brakes, tires, or steering components that fail despite proper maintenance.
Maintenance Companies: Third-party mechanics who certify unsafe vehicles as roadworthy.
Freight Brokers: Companies like C.H. Robinson or smaller brokers who negligently select carriers with poor safety records. They must verify insurance and FMCSA authority.
Government Entities: McIntosh County or North Dakota DOT may be liable for dangerous road design, inadequate signage on sharp curves, or failure to maintain roads during winter storms. Note: North Dakota requires notice of claims against government entities within specific timeframes—contact us immediately to preserve these rights.
The 48-Hour Evidence Preservation Crisis
Here’s what the trucking company doesn’t want you to know: critical evidence disappears fast, and they’re counting on you to wait.
Black Box Data Overwrites in 30 Days
The ECM/EDR records speed, braking, throttle position, and fault codes. In 30 days—or with the next ignition cycle—this data can be gone forever.
ELD Data Retention: Only 6 Months
While FMCSA only requires 6-month retention, litigation demands preservation immediately. We send spoliation letters within 24 hours of your call.
Dashcam Footage: Gone in 7-14 Days
Many trucking systems overwrite video automatically. That footage showing the driver texting or falling asleep? It could be deleted next week.
Witness Memories Fade
Within weeks, witnesses to your McIntosh County accident forget details. We interview them immediately while the crash is fresh.
Physical Evidence Disappears
The truck gets repaired. The scene changes. Black ice melts. We deploy accident reconstruction experts to McIntosh County immediately to photograph tire marks, road conditions, and vehicle positions.
When you call 1-888-ATTY-911, we immediately:
- Send preservation demands to the trucking company, their insurer, and all parties
- Subpoena ELD and ECM data before it’s overwritten
- Secure the Driver Qualification File to check for unqualified operators
- Obtain maintenance records to find deferred repairs
- Interview witnesses and photograph the scene
As client Glenda Walker told us, “They fought for me to get every dime I deserved.” That starts with preserving evidence before it’s destroyed.
Catastrophic Injuries: The Real Cost
Traumatic Brain Injury ($1.5M – $9.8M+ range)
TBI occurs when the brain impacts the skull during collision. Symptoms include memory loss, personality changes, chronic headaches, and cognitive deficits. lifetime care costs can exceed $3 million. We’ve secured over $5 million for TBI victims struck by falling equipment and in vehicle collisions.
Spinal Cord Injury ($4.7M – $25.8M+ range)
Paralysis from truck accidents is devastating. Paraplegia costs $1-2.5 million over a lifetime. Quadriplegia costs $3.5-5 million. These figures don’t include lost wages or pain and suffering.
Amputation ($1.9M – $8.6M range)
When trucks crush limbs or severe burns require surgical removal, prosthetics cost $5,000-$50,000 each and need replacement every 3-5 years. We secured $3.8 million for a client who lost a limb after a car accident complicated by medical treatment.
Severe Burns
Fuel fires and hazmat spills cause disfigurement requiring years of reconstructive surgery.
Wrongful Death ($1.9M – $9.5M range)
In North Dakota, wrongful death claims must be filed within 2 years of the death (shorter than the 6-year personal injury statute). We recover lost future income, loss of consortium, and mental anguish for surviving families.
North Dakota Law: What You Need to Know
Statute of Limitations: 6 Years (Personal Injury)
North Dakota gives you 6 years from the accident date to file a personal injury lawsuit—the longest in the United States. However, waiting is dangerous. Evidence disappears, witnesses move away, and trucking companies build defenses. Contact us immediately.
Wrongful Death: 2 Years
If you lost a loved one in a McIntosh County trucking accident, you have only 2 years from the date of death to file.
Modified Comparative Negligence (50% Bar)
North Dakota uses a 50% bar rule. You can recover damages if you are less than 50% at fault. If you are 50% or more responsible, you recover nothing. If you are 30% at fault, your recovery is reduced by 30%. This makes thorough investigation critical—we prove the truck driver was primarily responsible.
Punitive Damages Cap
North Dakota caps punitive damages at the greater of 2x compensatory damages or $250,000 (North Dakota Century Code § 32-03.2-11). However, in cases of gross negligence—like repeated HOS violations or hiding evidence—these caps may not apply.
Governmental Immunity
Claims against McIntosh County or North Dakota DOT have special notice requirements and shorter deadlines. Call immediately if road conditions contributed to your accident.
Insurance: The $750,000 Minimum Isn’t Enough (But It’s a Start)
Federal law requires trucking companies to carry minimum liability insurance:
- $750,000 for non-hazardous freight
- $1,000,000 for oil and large equipment
- $5,000,000 for hazardous materials
Many carriers carry $1-5 million in coverage. But insurance companies fight to protect this money. They use software like Colossus to lowball settlements. They hire “independent” medical examiners to claim your injuries aren’t serious.
Our associate attorney Lupe Peña used to work for these insurance companies. He knows their tactics—their training manuals, their algorithms, their pressure points. Now he uses that knowledge to maximize your settlement. When he negotiates, he knows exactly when the adjuster is bluffing and when they’ll pay.
As Donald Wilcox said after we took his case another firm rejected: “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.”
McIntosh County Trucking Accident FAQ
How long do I have to file a lawsuit in McIntosh County?
For personal injury: 6 years from the accident date. For wrongful death: 2 years from the date of death. But don’t wait—evidence preservation is time-sensitive.
Can I recover if I was partially at fault?
Yes, under North Dakota’s modified comparative negligence rule, provided you are less than 50% at fault. Your recovery is reduced by your percentage of fault.
What if the trucking company is from another state?
We can still sue them in North Dakota federal court (U.S. District Court for the District of North Dakota) or state court. Ralph Manginello is admitted to federal court and handles interstate trucking cases regularly.
How much is my case worth?
It depends on injury severity, medical costs, lost wages, and insurance coverage. Trucking accidents typically involve higher insurance limits than car accidents. We’ve recovered multi-million dollar settlements for catastrophic injuries.
Will my case go to trial?
Most settle before trial, but we prepare every case as if it’s going to trial. Insurance companies offer better settlements when they know your attorney will take them to court. We’re not afraid of the courtroom—Ralph has 25+ years of litigation experience.
What if the driver was an independent contractor?
We investigate the relationship. If the trucking company controls the driver’s schedule, routes, or equipment, they may still be liable under respondeat superior or negligent hiring theories.
Do you handle cases for Spanish-speaking clients?
Yes. Hablamos Español. Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Llame al 1-888-ATTY-911.
How much does it cost to hire you?
Nothing upfront. We work on contingency—33.33% pre-trial, 40% if trial is necessary. You pay nothing unless we win. We advance all investigation costs.
What if the trucking company destroys evidence?
If they destroy evidence after we send a spoliation letter, courts can issue sanctions, adverse jury instructions (assuming the destroyed evidence was unfavorable to them), or default judgment. We preserve evidence immediately to prevent this.
Can I sue for PTSD after a trucking accident?
Yes. Post-traumatic stress disorder is compensable as non-economic damages. Document your symptoms with a psychologist or psychiatrist.
Your Fight Starts With One Call
You’ve been through enough. The medical bills are piling up. The insurance adjuster keeps calling, pretending to be your friend while offering pennies on the dollar. The trucking company is hoping you don’t know about the black box data that proves their driver was awake for 19 hours straight when he crossed the center line on that McIntosh County back road.
We’re here to level the playing field. Ralph Manginello has been fighting since 1998. Lupe Peña knows the insurance industry’s dirty tricks. Together, we’ve recovered over $50 million for families across the country, including right here in North Dakota.
Don’t let them push you around. Don’t sign anything. Don’t give a recorded statement. Just pick up the phone.
Call 1-888-ATTY-911 now. Free consultation. No fee unless we win. 24/7 availability.
Or reach us at our offices serving McIntosh County and all of North Dakota:
- Houston (Main): 1177 West Loop S, Suite 1600
- Austin: 316 West 12th Street, Suite 311
- Beaumont: Available for meetings
Hablamos Español. Lupe Peña está disponible para consultas en español al 1-888-ATTY-911.
When an 18-wheeler changes your life in McIntosh County, you need more than a lawyer. You need a fighter. You need Attorney911.
