18-Wheeler Accident Attorneys in Mercer County, North Dakota

When 80,000 Pounds of Steel Changes Everything on I-94

The impact was catastrophic. One moment you’re driving westbound on I-94 through Mercer County, heading toward Beulah or Hazen, maybe coming home from the oil fields or driving to meet family. The next moment, an 80,000-pound semi-truck jackknifes across the highway during a blizzard, or an overloaded oilfield truck blows a tire on US-83, or a fatigued driver drifts across the centerline on a remote stretch of county road with no shoulder and no cell service.

If you’re reading this, you or someone you love has already experienced the brutal reality of a Mercer County trucking accident. You don’t need statistics to tell you how devastating these crashes are—you’re living it. But you do need to know this: the trucking company that hit you has already called their lawyers. Their insurance adjuster is already working to minimize what they owe you. And critical evidence that could prove they broke the law is disappearing with every passing hour.

At Attorney911, we don’t let trucking companies get away with it. We’ve been fighting for injury victims since 1998, and our managing partner, Ralph Manginello, has spent over 25 years holding trucking companies accountable—including going toe-to-toe with Fortune 500 corporations in the BP Texas City explosion litigation. We’ve recovered over $50 million for families across the United States, including multi-million dollar settlements for traumatic brain injuries, amputations, and wrongful death cases. And right now, we’re litigating a $10 million lawsuit against the University of Houston, proving we have the resources and determination to take on any defendant, no matter how powerful.

But here’s what really sets us apart when it comes to your Mercer County case: our associate attorney, Lupe Peña, used to work for insurance companies. He spent years defending trucking insurers, learning exactly how they evaluate claims, minimize payouts, and deny legitimate injuries. Now he uses that insider knowledge to fight against them. That’s your advantage when you call 1-888-ATTY-911.

Call us now. The evidence in your case is vanishing.

Why Mercer County Trucking Accidents Are Different

Mercer County isn’t like other places. Situated in the heart of North Dakota’s Bakken oil formation, our highways carry a unique and dangerous mix of traffic that you won’t find in most parts of the country. You’ve got massive oilfield trucks hauling heavy equipment and hazardous materials on I-94 and US-83. You’ve got agricultural semis transporting wheat and cattle during harvest season. You’ve got long-haul truckers pushing through whiteout conditions on stretches of highway where the next town might be fifty miles away and the temperature can drop to forty below.

This isn’t just trucking country—it’s extreme trucking country. And that means the accidents here are often more catastrophic, the liability more complex, and the need for immediate legal action more urgent.

The Bakken Oil Field Factor

Mercer County sits at the epicenter of one of America’s most productive oil regions. That means our roads see an enormous volume of oilfield traffic—water trucks, sand haulers, heavy equipment transporters, and tanker trucks carrying crude oil and hazardous chemicals. These aren’t typical 18-wheelers; they’re often overweight, over-length, and operating under intense pressure to meet production deadlines.

When an oilfield truck causes an accident in Mercer County, the liable parties often extend far beyond just the driver. You’ve got the trucking company, the oil company that hired them, the freight broker who arranged the shipment, the maintenance company that serviced the vehicle in harsh conditions, and sometimes the manufacturer of specialized oilfield equipment that failed catastrophically. Ralph Manginello understands this complex web of liability because he’s litigated against major industrial defendants before—including BP after the 2005 refinery explosion that killed 15 workers and injured 170 more. That experience matters when we’re investigating who caused your crash.

Winter Weather and the 49 CFR 392 Violations

North Dakota winters are unforgiving, and trucking companies know it. Under 49 CFR § 392.14, drivers must use extreme caution in hazardous conditions, including snow, ice, and wind. If a truck driver causes an accident during one of Mercer County’s notorious blizzards—when Interstate 94 is covered in black ice or when fifty-mile-per-hour crosswinds are blowing lightweight trailers off the road—that driver and their company may have violated federal safety regulations by failing to adjust their speed, secure their cargo properly, or pull over when conditions became unsafe.

We recently reviewed a case where a trucker jackknifed on US-83 near Hazen during a winter storm, claiming he hit “unexpected” ice. But the ECM data told a different story: he was driving 65 mph in zero-visibility conditions when federal regulations required him to slow to a crawl or stop. That violation proved negligence, and that’s the kind of evidence we fight to preserve.

The FMCSA Regulations That Protect You (And How Trucking Companies Break Them)

Every 18-wheeler operating in Mercer County is governed by the Federal Motor Carrier Safety Administration (FMCSA) regulations found in Title 49 of the Code of Federal Regulations. When trucking companies violate these rules, they create the dangerous conditions that cause catastrophic accidents.

Part 391: Driver Qualification Standards

Under 49 CFR § 391.11, no one can operate a commercial motor vehicle unless they meet strict qualification standards. They must be at least 21 years old for interstate commerce, speak English sufficiently, hold a valid Commercial Driver’s License (CDL), and pass a medical examination proving they’re physically qualified to handle an 80,000-pound vehicle.

The trucking company must maintain a Driver Qualification File for every driver, including their employment application, three-year driving record, road test certificate, and medical examiner’s certificate. In oilfield trucking, we often find that companies cut corners during hiring booms, putting unqualified drivers behind the wheel to meet demand. If the driver who hit you had a history of violations, a suspended license, or a medical condition that should have disqualified them, the trucking company is liable for negligent hiring under § 391.51.

Part 395: Hours of Service (The Fatigue Rules)

This is where most Mercer County trucking accidents originate. Under 49 CFR Part 395, property-carrying drivers cannot drive more than 11 hours after 10 consecutive hours off duty. They can’t drive beyond the 14th consecutive hour after coming on duty. They must take a 30-minute break after 8 cumulative hours of driving. And they can’t exceed 60 hours on duty in 7 days or 70 hours in 8 days.

In the Bakken oil fields, the pressure to deliver loads can be intense. Drivers sometimes violate these “hours of service” rules, falsify their Electronic Logging Device (ELD) records, or drive while fatigued. ELD data is objective—it shows exactly when the driver was moving, how fast they were going, and whether they took required breaks. This data can prove a driver was exhausted when they caused your crash, but it can be overwritten in as little as 30 days. That’s why we send spoliation letters immediately upon being retained.

Lupe Peña knows exactly how trucking companies try to hide these violations because he used to defend them. Now he uses that knowledge to uncover the truth in your case.

Part 393: Vehicle Safety and Cargo Securement

49 CFR § 393.100 requires that cargo must be contained, immobilized, or secured to prevent leaking, spilling, blowing, or falling from the vehicle. Cargo must be able to withstand deceleration forces of 0.8 g forward and 0.5 g laterally. In Mercer County, where trucks carry heavy oilfield equipment and agricultural loads, improper securement causes rollover accidents when cargo shifts on curves or during emergency maneuvers.

We’ve handled cases where a truck took the curve on I-94 near Pick City too fast, the load shifted, and the trailer rolled. The trucking company claimed it was an “unavoidable accident,” but the cargo securement violations proved otherwise.

Part 396: Inspection and Maintenance

Under 49 CFR § 396.3, trucking companies must systematically inspect, repair, and maintain all vehicles. Drivers must conduct pre-trip inspections before every drive, and post-trip inspections afterward, documenting any defects in writing.

In North Dakota’s harsh climate, brake systems fail, tires blow out, and air lines freeze if not properly maintained. When a truck hits you because the brakes failed on a steep grade or a tire shredded at highway speed, we subpoena the maintenance records. Often, we find deferred repairs, missing inspection reports, or violations that the company knew about but chose to ignore to keep the truck rolling.

The 18-Wheeler Accident Types We Handle in Mercer County

Not all trucking accidents are the same, and in Mercer County’s unique environment, certain types of crashes happen more frequently. Ralph Manginello has spent 25 years investigating these incidents and knows how to prove negligence in each scenario.

Jackknife Accidents on I-94

Jackknifing occurs when the trailer and cab skid in different directions, folding like a pocket knife. On I-94 during winter conditions, this often happens when a driver brakes too hard on ice or doesn’t adjust speed for the curve near the Knife River. Under 49 CFR § 393.48, brake systems must be properly maintained. If improper braking techniques or equipment failure caused the jackknife, we prove it through ECM data and maintenance records.

Rollover Accidents on County Roads

With a high center of gravity and loads that can shift, 18-wheelers roll over when drivers take curves too fast—common on the two-lane highways connecting Mercer County’s rural communities. Oilfield trucks are particularly vulnerable because their loads are often top-heavy and liquid cargo can “slosh,” changing the center of gravity. We investigate whether the driver exceeded safe speeds under § 392.6 or whether the cargo was improperly secured under § 393.100.

Underride Collisions (The Deadliest Crashes)

Underride accidents occur when a smaller vehicle slides underneath the trailer, often shearing off the passenger compartment. These are common on US-83 during low-visibility conditions or when trucks stop suddenly without adequate warning. Under 49 CFR § 393.86, trailers must have rear impact guards, but these guards sometimes fail or are improperly maintained. Side underride guards aren’t federally required yet, but we often argue that trucking companies should have used them given known dangers.

Rear-End Collisions from Fatigue

A fully loaded truck traveling at 65 mph needs nearly two football fields to stop. When a fatigued driver isn’t paying attention in the long, monotonous stretches between Beulah and Stanton, they can slam into stopped traffic before they can react. The ELD data shows whether the driver was within their hours of service limits under Part 395, and the ECM data shows exactly when—or if—they applied the brakes.

Tire Blowouts and Brake Failures

North Dakota’s extreme temperature variations—from summer heat to winter cold—cause accelerated tire wear and brake system failures. Under § 393.75, tires must have specific tread depths, and under § 396.3, brakes must be properly adjusted. When a blowout or brake failure causes a crash, we examine the maintenance records to prove the company knew the equipment was faulty but sent the truck out anyway.

Cargo Spills on Remote Highways

When a truck loses its load of oilfield equipment, agricultural products, or hazardous materials on a remote Mercer County road, it creates a danger zone for other drivers who may come upon the spill without warning. We investigate whether the cargo was properly secured under § 393.100 and whether the driver conducted required pre-trip inspections under § 396.13.

All the Liable Parties Who May Owe You Compensation

Most law firms only sue the driver and the trucking company. That’s a mistake that can cost you millions. At Attorney911, we investigate every potentially liable party because more defendants mean more insurance coverage—and that means full compensation for your injuries.

Under North Dakota’s modified comparative negligence rule (50% bar), you can recover damages as long as you’re not more than 50% at fault. But you need to identify all liable parties to maximize your recovery.

1. The Truck Driver

The driver is liable for negligent operation—speeding, distracted driving, fatigue, or impairment. We obtain their cell phone records, drug test results, and driving history to prove they shouldn’t have been behind the wheel.

2. The Trucking Company/Motor Carrier

Under the doctrine of respondeat superior, employers are liable for their employees’ negligent acts. Plus, trucking companies are directly liable for negligent hiring (failing to check the driver’s record), negligent training (inadequate winter driving instruction), negligent supervision (ignoring hours of service violations), and negligent maintenance (failing to repair brakes).

We subpoena the Driver Qualification File, safety records, and CSA (Compliance, Safety, Accountability) scores. Ralph Manginello’s experience with BP’s corporate defense teams means he knows exactly where to look for the evidence big trucking companies try to hide.

3. The Cargo Owner/Oil Company

In Mercer County, many trucks haul for oil companies operating in the Bakken. If the oil company demanded an overweight load, required unsafe delivery schedules that forced hours of service violations, or failed to disclose hazardous cargo characteristics, they share liability.

4. The Loading Company

Third-party companies that load trucks at oil sites or grain elevators may be liable for improper cargo securement. Under § 393.100, specific rules govern how loads must be tied down. When loaders fail to follow these rules and cargo shifts causes a rollover, they’re liable.

5. Truck and Parts Manufacturers

Defective brakes, tires prone to blowouts, or steering mechanisms that fail in cold weather can be traced back to manufacturers. We work with engineers to determine if a product defect contributed to your crash, opening claims against manufacturers like Michelin, Meritor, or the truck builder itself.

6. The Maintenance Company

When third-party mechanics service oilfield trucks or perform quick repairs at Mercer County truck stops, their negligence—failing to properly adjust brakes, using wrong parts, or ignoring critical safety issues—makes them liable.

7. The Freight Broker

Brokers who arrange transportation between oil sites and refineries have a duty to select safe carriers. If they chose a trucking company with a terrible safety record just because they were cheapest, they’re liable for negligent selection.

8. Government Entities

If poor road design, inadequate signage on dangerous curves, or failure to maintain highways contributed to the accident, state or local entities may be liable. North Dakota requires prompt notice of claims against government entities, so time is critical.

Lupe Peña’s background in insurance defense taught him how carriers try to shift blame between these parties to minimize payouts. Now he anticipates those tactics and builds cases that hold everyone accountable.

Evidence Preservation: The 48-Hour Rule

Here’s what most Mercer County accident victims don’t know: the trucking company is not on your side, and they’re not waiting to help you. Within hours of a crash, they deploy “rapid response teams”—lawyers and investigators who arrive at the scene before the wreckage is even cleared. Their job is to protect the company, not to help you.

And they’re legally allowed to destroy critical evidence if you don’t stop them.

What Evidence Disappears—and How Fast

Under federal law, once we send a spoliation letter notifying the trucking company of potential litigation, they are legally required to preserve all evidence. Destroying evidence after receiving this letter is called spoliation, and courts can impose severe sanctions including adverse inference instructions (the jury is told to assume the destroyed evidence was unfavorable to the trucking company) or even default judgment.

We send these letters within 24 hours of being retained. We don’t wait because you can’t afford to wait.

The Electronic Data That Wins Cases

Commercial trucks are equipped with Electronic Control Modules (ECM) that record:

• Speed before and during the crash
• Brake application timing and force
• Throttle position
• Cruise control status
• Engine RPM
• Hard braking events

Electronic Logging Devices (ELD) show:

• Exact driving hours and rest breaks
• GPS location history
• Duty status changes
• Violations of Part 395 hours of service rules

This data is objective. It doesn’t lie. It often contradicts the driver’s story of “I wasn’t speeding” or “I hit my brakes immediately.” But if we don’t secure it quickly, it’s gone forever.

In a recent case, we found that the driver had been on duty for 16 hours—violating the 14-hour rule—but had falsified his paper logs. The ELD data proved he was exhausted when he crossed the centerline. That evidence was worth millions, but it would have been lost if the client had waited another week to call us.

If you’ve been in a Mercer County trucking accident, call 1-888-ATTY-911 now. Don’t let them erase the proof of their negligence.

Catastrophic Injuries and Your Future

The physics of an 80,000-pound truck versus a 4,000-pound car are brutal. Survivors often face catastrophic injuries that change every aspect of their lives.

Traumatic Brain Injury (TBI)

TBIs occur when the brain impacts the inside of the skull during a violent collision. Symptoms include memory loss, confusion, personality changes, and inability to concentrate. Our firm has recovered between $1,548,000 and $9,838,000 for moderate to severe TBI cases. These funds provide for lifetime cognitive therapy, vocational rehabilitation, and care that allows victims to reclaim some quality of life.

Spinal Cord Injuries and Paralysis

Damage to the spinal cord can result in paraplegia (loss of function below the waist) or quadriplegia (loss of function in all four limbs). The lifetime care costs for quadriplegia can exceed $5 million. We’ve secured settlements between $4,770,000 and $25,880,000 for these devastating injuries, ensuring our clients have the resources for wheelchairs, home modifications, and 24/7 care.

Amputation

Crushing forces in trucking accidents often require surgical amputation of limbs. Prosthetics cost $5,000 to $50,000 each and need replacement every few years. Our amputation settlements range from $1,945,000 to $8,630,000, covering not just the initial surgery but decades of prosthetic replacements and physical therapy.

Wrongful Death

When a trucking accident takes a loved one, North Dakota law allows surviving family members to recover damages for lost income, loss of companionship, mental anguish, and funeral expenses. Our wrongful death recoveries range from $1,910,000 to $9,520,000. While no amount of money replaces a life, it can provide financial security for the family left behind and hold the trucking company accountable for careless practices that caused the death.

As client Glenda Walker told us after we recovered her settlement, “They fought for me to get every dime I deserved.” That’s our promise to every Mercer County family we represent.

North Dakota Law: What You Need to Know

Mercer County accidents are governed by North Dakota state law, and understanding these rules is crucial to protecting your rights.

Statute of Limitations: Don’t Miss Your Window

North Dakota gives you six years from the date of injury to file a personal injury lawsuit—one of the longest windows in the nation. However, you only have two years to file a wrongful death claim. And if a government entity is involved (poor road maintenance, for example), notice requirements may be as short as 90 days.

But here’s the truth: waiting is dangerous. Evidence disappears, witnesses move away, and trucking companies build their defenses. While you technically have six years, you have only days to preserve the critical evidence that will win your case.

Modified Comparative Fault: The 50% Rule

North Dakota follows a modified comparative negligence system with a 50% bar. This means if you are found 50% or less at fault, your recovery is reduced by your fault percentage. If you’re 20% at fault, you recover 80% of your damages. But if you’re 51% at fault, you recover nothing.

Trucking companies and their insurers will try to blame you—to claim you were speeding, didn’t have your lights on, or were distracted. We fight back with ECM data, accident reconstruction, and proof that the truck driver violated FMCSA regulations. We don’t let them shift blame onto innocent victims.

No Cap on Damages

Unlike some states, North Dakota does not cap compensatory damages in trucking accident cases. There is no artificial limit on what a jury can award for your medical expenses, lost wages, and pain and suffering. And while North Dakota caps punitive damages at the greater of two times compensatory damages or $250,000, these damages are still available when trucking companies act with gross negligence—like knowingly hiring a dangerous driver or falsifying maintenance records.

Why Mercer County Families Choose Attorney911

You have choices when it comes to legal representation. Here’s why trucking accident victims in Mercer County, Beulah, Hazen, Stanton, and throughout western North Dakota call us when everything is on the line.

25+ Years of Experience That Fortune 500 Companies Fear

Ralph Manginello has been practicing law since 1998. He’s admitted to federal court in the Southern District of Texas and has litigated against some of the world’s largest corporations. When he walks into a negotiation with a trucking company, they know he has the resources and trial experience to take the case all the way if they don’t offer a fair settlement.

We’re not a “settlement mill” that accepts lowball offers to churn through cases. We prepare every case for trial, which gives us leverage to negotiate from strength. As our client Chad Harris said, “You are NOT just some client… You are FAMILY to them.”

Former Insurance Defense Attorney on Your Side

Lupe Peña isn’t just a skilled litigator—he’s a former insurance defense attorney who knows exactly how trucking insurers evaluate claims, train their adjusters to minimize payouts, and use software like Colossus to undervalue your pain and suffering. He knows their playbook because he used to run plays from it. Now he uses that insider knowledge to maximize your recovery.

Multi-Million Dollar Results

We’ve recovered over $50 million for our clients, including:

• $5+ million for a traumatic brain injury victim struck by a falling log
• $3.8+ million for a car accident victim who suffered partial leg amputation
• $2.5+ million for trucking accident victims
• $2+ million for a maritime worker with a back injury
• Multi-million dollar settlements for families who lost loved ones to wrongful death

Available 24/7, Including Spanish-Language Services

Accidents don’t happen during business hours. That’s why we answer calls 24/7 at 1-888-ATTY-911. And because Lupe Peña is fluent in Spanish, we can serve Mercer County’s Hispanic community without interpreters, ensuring nothing is lost in translation.

We have offices in Houston, Austin, and Beaumont, Texas, but we handle 18-wheeler cases nationwide. For Mercer County clients, we offer remote consultations and travel to North Dakota when necessary. Distance is never a barrier to getting you the representation you deserve.

What to Do After a Mercer County Trucking Accident

If you’re able to take these steps immediately after the crash, they will strengthen your case:

1. Call 911 and report the accident. Get medical attention even if you feel okay—adrenaline masks injuries.
2. Document everything with your cell phone. Photograph the truck’s DOT number, license plates, damage to all vehicles, road conditions, and your injuries.
3. Get witness information before they leave the scene. Rural accidents often have few witnesses, so every account matters.
4. Don’t give recorded statements to the trucking company’s insurance. They will use your words against you.
5. Call Attorney911 immediately at 1-888-ATTY-911. We will send a spoliation letter the same day to preserve black box data, ELD logs, and driver records.

Common Questions After a Mercer County Trucking Accident

How much is my case worth?
Every case is unique, but trucking companies carry high insurance limits ($750,000 to $5 million). Your recovery depends on injury severity, medical costs, lost income, and the degree of negligence. We’ve recovered millions for clients with catastrophic injuries.

Do I have to go to court?
Most cases settle before trial, but we prepare every case as if it’s going to trial. This preparation often leads to better settlement offers.

What if I was partially at fault?
Under North Dakota law, you can recover as long as you’re not more than 50% at fault. Don’t let the trucking company blame you without a fight.

How long will my case take?
Simple cases may resolve in 6-12 months. Complex cases with catastrophic injuries can take 1-3 years. We work efficiently while ensuring you get full compensation.

Can I afford a lawyer?
Yes. We work on contingency—33.33% if settled pre-trial, 40% if we go to trial. You pay nothing upfront. We advance all costs. If we don’t win, you owe us nothing.

What if the trucking company denies responsibility?
We prove negligence through FMCSA violations, ECM data, driver history, and maintenance records. We don’t let trucking companies hide behind false denials.

Hablamos Español. Si usted o un ser querido ha sufrido un accidente con un camión en Mercer County, llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratuita.

Your Fight Starts With One Call

An 18-wheeler accident in Mercer County isn’t just another traffic crash—it’s a life-altering event that requires immediate, aggressive legal action. The trucking company is already working to minimize your claim. They’re hoping you won’t know about the FMCSA regulations they violated, the black box data that proves their driver was at fault, or the multiple insurance policies that could cover your damages.

At Attorney911, we level the playing field. With 25+ years of experience, a former insurance defense attorney on our team, and a track record of multi-million dollar recoveries, we have the expertise and resources to take on the biggest trucking companies—and win.

Don’t let them push you around. Don’t let evidence disappear. Don’t settle for less than you deserve.

Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911). We’re available 24/7. The consultation is free. And we don’t get paid unless we win your case.

Ralph Manginello and the entire team at Attorney911 are ready to fight for you and your family. Because when 80,000 pounds of steel changes your life, you need someone who pushes back harder. Let’s get started.