When an 80,000-pound semi-truck slams into your vehicle on a frozen stretch of I-94 near Billings County, your life changes in an instant. You’re not just dealing with car repairs and insurance forms—you’re facing a potentially years-long battle against trucking companies that have teams of lawyers already working to minimize what they owe you.
We’ve been fighting for trucking accident victims across Billings County and throughout North Dakota for over 25 years. Ralph Manginello, our managing partner, has recovered multi-million dollar settlements against some of the largest commercial carriers in America. We know the tactics trucking companies use because our associate attorney Lupe Peña used to work on their side—defending insurance companies before he decided to fight for victims instead.
The clock is already ticking. ELD data and black box recordings in that truck can be overwritten within 30 days. The trucking company has already called their lawyers. You need someone in your corner who knows North Dakota’s 6-year statute of limitations, understands how winter weather and agricultural freight patterns affect liability on Billings County highways, and has the federal court experience to take on interstate trucking operations.
Call 1-888-ATTY-911 now for a free consultation. We work on contingency—you pay nothing unless we win.
The Brutal Physics of 18-Wheeler Accidents in Billings County
Your family sedan weighs roughly 4,000 pounds. A fully loaded semi-truck traveling through Billings County on I-94 can weigh up to 80,000 pounds. That’s not just a collision—that’s 20 times the mass crushing against you at highway speed.
The math is terrifying. An 80,000-pound truck moving at 65 mph needs approximately 525 feet to stop—nearly two football fields. In winter conditions on North Dakota highways, that stopping distance doubles or triples when drivers fail to adjust for ice and snow.
Every year, more than 5,000 people die in large truck crashes nationwide, and another 125,000 suffer injuries. In rural counties like Billings, where emergency services might be 30 minutes or more away, those injuries become more severe simply because help arrives later.
When you’re hit by a truck in Billings County, you’re not just fighting the driver—you’re fighting their insurance company, the trucking carrier, potentially the cargo owner, and sometimes the truck manufacturer. They have resources. You need a fighter who brings 25 years of experience and isn’t afraid to take on Fortune 500 companies—just as Ralph Manginello did when he litigated against BP after the Texas City refinery explosion that killed 15 workers and injured 170 more.
Why Trucking Accidents in Billings County Demand Specialized Legal Knowledge
North Dakota’s unique geography creates specific trucking hazards you won’t find in urban Texas or crowded coastal highways. We understand these local factors because we’ve represented clients throughout the state, from the oil fields near Williston to the agricultural corridors serving Billings County’s farming communities.
Winter Weather Hazards
From November through March, Billings County becomes a gauntlet of black ice, ground blizzards, and temperatures that can drop to -40°F. Federal regulations under 49 CFR § 392.14 require truck drivers to exercise “extreme caution” in hazardous conditions, including snow, ice, and wind. When a trucker fails to slow down on icy stretches of I-94 or US-85, they’re violating federal law.
We’ve handled cases where truck drivers pushed through whiteout conditions because they were racing against federal Hours of Service limits—putting profit ahead of safety. These aren’t accidents; they’re predictable disasters caused by regulatory violations.
Agricultural Freight Patterns
Billings County sits in the heart of North Dakota’s agricultural region. During harvest season—roughly September through November—grain trucks, equipment haulers, and livestock transports flood local roads. These vehicles often carry overweight loads or improperly secured cargo, creating rollover risks on rural highways.
49 CFR § 393.100 requires cargo to be secured to withstand 0.8g deceleration forces. When a grain truck takes a corner too fast on County Road 10 and spills its load, or when a combine transport shifts and causes a rollover, we investigate whether the loading company violated federal securement standards.
Rural Response Times
In Billings County, the nearest Level II trauma center might be over an hour away in Dickinson or Bismarck. That delay amplifies every injury. A traumatic brain injury that might be survivable in Houston becomes fatal when you’re bleeding on the side of a rural North Dakota highway waiting for Life Flight.
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.” We understand the unique isolation and fear that comes with being injured far from major medical centers.
The Federal Regulations That Protect You—and How Truckers Break Them
Every commercial truck on Billings County roads must follow Federal Motor Carrier Safety Administration (FMCSA) regulations codified in Title 49 of the Code of Federal Regulations. These aren’t suggestions—they’re federal law. When trucking companies violate these rules, they create liability that we use to build your case.
Part 391: Driver Qualification Standards
Before a driver can legally operate a commercial vehicle, they must pass rigorous standards. Under 49 CFR § 391.11, drivers must:
- Be at least 21 years old for interstate commerce
- Speak and read English sufficiently
- Pass a physical exam every 2 years (or less if medical conditions exist)
- Hold a valid Commercial Driver’s License (CDL)
- Complete entry-level driver training
We subpoena Driver Qualification Files (DQ Files) in every case. These files must contain the driver’s employment application, three-year driving history from previous employers, medical examiner’s certificates, and drug test results. When we find a trucking company hired a driver with a history of DUIs or failed medical certifications, we pursue negligent hiring claims that can dramatically increase your recovery.
As Lupe Peña, our associate attorney who spent years defending insurance companies before joining Attorney911, explains: “I used to see trucking companies cut corners on background checks to get drivers on the road faster. Now I use that insider knowledge to catch them when they do it to my clients.”
Part 392: Driving Rules
Federal rules under Part 392 regulate how drivers operate their vehicles. Key violations we investigate include:
§ 392.3 – Ill or Fatigued Operators: No driver shall operate a CMV while their ability or alertness is impaired through fatigue, illness, or any other cause. In Billings County winter conditions, a fatigued driver is a lethal weapon.
§ 392.6 – Scheduling: Motor carriers cannot schedule runs that would require speeding to complete. When dispatchers pressure drivers to cross North Dakota in impossible timeframes, they force violations.
§ 392.11 – Following Too Closely: The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent. On I-94’s icy stretches, “reasonable” might mean 400 feet, not 100.
§ 392.82 – Mobile Phone Use: Handheld mobile telephone use while driving is prohibited. We subpoena cell phone records to prove distraction.
Part 393: Vehicle Equipment and Cargo Securement
This section covers the mechanical fitness of trucks and how cargo must be secured.
§ 393.75 – Tires: Tires must have minimum tread depth (4/32″ for steer tires, 2/32″ for others) and be free from defects. In North Dakota’s extreme temperature swings, tire failures cause devastating blowouts.
§ 393.100-136 – Cargo Securement: Cargo must be secured to withstand specific force thresholds. For agricultural loads common in Billings County—grain, machinery, livestock—improper securement causes rollovers and spills that shut down highways.
§ 393.86 – Rear Impact Guards (Underride Protection): Trailers manufactured after 1998 must have guards to prevent passenger vehicles from sliding underneath. When these guards are missing or damaged, underride accidents become decapitations.
Part 395: Hours of Service (HOS)
This is where we find the smoking gun in most fatigue-related crashes. Since December 2017, most trucks must use Electronic Logging Devices (ELDs) that automatically record driving time.
The 11/14/70 Rule:
- 11 hours: Maximum driving time after 10 consecutive hours off duty
- 14 hours: Maximum duty period (driving + other work) after coming on duty
- 70 hours: Maximum on-duty time in 8 days (or 60 hours in 7 days) before requiring a 34-hour restart
When a truck driver pushes through Billings County at 2 AM after 13 hours on the road, they’re not just tired—they’re breaking federal law. That violation creates automatic negligence under respondeat superior doctrine.
Part 396: Inspection and Maintenance
Trucking companies must systematically inspect and maintain their fleets under § 396.3. Drivers must conduct pre-trip inspections covering brakes, lighting, tires, steering mechanisms, and coupling devices.
We regularly find cases where trucking companies in North Dakota deferred brake repairs to save money during harsh winter maintenance seasons. When those brakes fail on a downhill grade near Sentinel Butte, the resulting catastrophe is entirely preventable—and entirely the company’s fault.
Types of 18-Wheeler Accidents We Handle in Billings County
Not all truck accidents are the same, and not all lawyers understand the specific physics and regulatory violations involved in each type. We’ve handled virtually every type of commercial vehicle accident, with particular emphasis on those common to North Dakota’s rural highways.
Jackknife Accidents
A jackknife occurs when the truck’s trailer swings out perpendicular to the cab, creating a deadly sweeping motion across multiple lanes. On I-94’s narrow stretches or during winter storms, jackknifed trucks often block all lanes of traffic, causing multi-vehicle pileups.
These accidents typically result from:
- Sudden braking on slick surfaces (violating § 392.14’s extreme caution requirement)
- Improper brake adjustment or maintenance failures (violating Part 396)
- Empty or lightly loaded trailers that lack traction
The injuries are catastrophic: traumatic brain injuries from secondary collisions, crushing injuries when vehicles are pinned against guardrails, and wrongful death when cars slide underneath the jackknifed trailer.
Rollover Accidents
High-profile trailers are prone to tipping on curves, especially when carrying liquid cargo that “sloshes” during transport. In Billings County’s rolling terrain, rollovers frequently occur on US-85 and state highways where sharp curves meet high speeds.
Federal regulations require cargo to be secured to prevent shifting that affects vehicle stability. When grain loads shift or tanker contents surge during a turn, the center of gravity changes instantly. We’ve recovered millions for clients crushed by toppled trailers that should never have rolled if the cargo had been properly secured.
Underride Collisions
Perhaps the most horrific truck accidents involve underride—when a passenger vehicle slides under the trailer, shearing off the roof and decapitating occupants. Rear underride guards are required under § 393.86, but side underride guards remain unregulated despite killing hundreds annually.
These accidents often occur at intersections on rural highways where visibility is limited, or when trucks make wide turns across oncoming traffic. The physics are brutal: the passenger compartment is crushed while the truck driver often walks away unharmed.
Rear-End Collisions
A loaded semi needs 40% more stopping distance than a car. When truck drivers follow too closely on I-94—especially in winter conditions—they violate § 392.11 and create deadly rear-end collisions.
We investigate ECM data to prove the truck was following too closely or traveling too fast for conditions. The resulting injuries often include severe whiplash, spinal cord compression, and traumatic brain injuries from the brain slamming against the skull.
Wide Turn Accidents
Rural intersections in Billings County weren’t designed for 53-foot trailers. When truckers swing wide to make right turns, they often cut off unsuspecting motorists or trap them between the trailer and curb. These “squeeze play” accidents cause crushing injuries and often involve the trucking company’s failure to properly train drivers on rural turning procedures.
Tire Blowouts
North Dakota’s extreme temperature variations—100°F summer heat to -40°F winter cold—destroy tires. Underinflated tires in summer heat or damaged tires in winter conditions can explode, causing the driver to lose control or sending “road gators” (tire debris) through windshields.
Federal law requires pre-trip tire inspections under § 396.13. When drivers skip these inspections or companies defer tire replacements to save money, they create deadly projectiles on the highway.
Brake Failure Accidents
Brake problems contribute to roughly 29% of large truck crashes. In mountainous or hilly terrain—or when descending the grades near the Montana border—brake fade can leave a driver unable to stop.
Federal regulations mandate specific brake performance standards. We examine maintenance records to determine if the trucking company knew brakes were failing and allowed the truck on the road anyway. These cases often support punitive damages because the company consciously disregarded known dangers.
Cargo Spills
When improperly secured loads spill across North Dakota highways, they create secondary accidents as drivers swerve to avoid debris. Agricultural spills—grain, hay, livestock—are particularly common in Billings County during harvest season.
Under § 393.100, cargo must be contained to prevent leaking, spilling, or falling. When loading companies fail to use proper tiedowns or trucking companies fail to inspect loads, they become liable for the chain-reaction crashes that follow.
Who Can Be Held Liable in Your Billings County Truck Accident?
Unlike car accidents where usually only one driver is at fault, trucking accidents involve multiple potentially liable parties. We investigate every possible defendant because more liable parties mean more insurance coverage—and higher compensation for you.
The Truck Driver
The driver is the obvious first defendant. We examine:
- Driving history and prior violations
- ELD data showing hours of service compliance
- Cell phone records proving distraction
- Drug and alcohol test results (required under Part 382)
- Training records and qualifications
When drivers falsify logbooks, text while driving, or operate while fatigued, they bear personal responsibility—but their employer is usually liable too.
The Trucking Company (Motor Carrier)
Under the doctrine of respondeat superior (“let the master answer”), employers are responsible for their employees’ negligent acts within the scope of employment. But we often find direct negligence by the company itself:
Negligent Hiring: The company failed to check the driver’s background, hiring someone with a history of DUIs or accidents.
Negligent Training: The company rushed the driver through training or failed to teach winter driving techniques specific to North Dakota conditions.
Negligent Maintenance: The company deferred brake repairs or tire replacements to save money, violating § 396.3’s systematic maintenance requirement.
Negligent Scheduling: The company set impossible delivery deadlines that forced drivers to violate Hours of Service regulations.
Ralph Manginello’s 25 years of experience includes uncovering corporate cultures that prioritize profits over safety. “Most trucking companies aren’t evil,” he notes, “but when they consciously decide to take risks with public safety to save money, they need to pay for that choice.”
The Cargo Owner and Loading Company
When accidents involve spilled cargo, we sue the company that owned the cargo and the third-party loaders who secured it. Agricultural shippers in North Dakota often use independent loading companies that fail to follow federal securement standards.
If a grain elevator overloaded a trailer or failed to distribute weight properly, causing a rollover on County Road 10, they’re liable for the resulting carnage.
Truck and Parts Manufacturers
Sometimes the accident isn’t the driver’s fault—it’s a defective product. Brake systems that fail due to manufacturing defects, steering components that lock up, or tires with dangerous design flaws can all cause catastrophic accidents.
We work with engineers to analyze failed components and determine if a manufacturing defect contributed to your crash. These product liability claims can result in significant settlements against major corporations.
Maintenance Companies
Third-party mechanics who service trucking fleets sometimes perform negligent repairs—installing substandard brakes, failing to identify critical safety issues, or releasing vehicles with known defects. Under § 396.3, anyone who performs maintenance shares responsibility for safety.
Freight Brokers
Brokers who arrange transportation without verifying carrier safety records can be liable for negligent selection. If a broker hired a trucking company with horrible safety scores to haul freight through Billings County, and that company caused your crash, the broker shares the blame.
Government Entities
In rare cases, dangerous road design or inadequate maintenance contributes to accidents. If a curve lacks warning signs, if ice accumulates due to poor drainage, or if construction zones lack proper barriers, government agencies may share liability.
North Dakota has specific notice requirements for claims against government entities, so immediate legal consultation is critical.
The Evidence That Wins Cases—and Why It Disappears Fast
Trucking companies don’t wait to protect themselves. Within hours of a crash, they deploy “rapid response teams” of investigators and lawyers to the scene. Their goal: minimize liability and get you to say something damaging.
You need a law firm that moves just as fast. At Attorney911, we immediately send spoliation letters demanding preservation of critical evidence.
Electronic Control Module (ECM) / Black Box Data
Modern trucks record speed, braking, throttle position, and fault codes in the seconds before a crash. This data proves whether the driver was speeding, whether they braked properly, and whether mechanical failures contributed.
Critical: ECM data can be overwritten within 30 days or with subsequent driving events. We demand immediate preservation.
Electronic Logging Devices (ELD)
Since 2017, ELDs automatically record Hours of Service compliance. This data proves whether a fatigued driver was illegally operating beyond the 11-hour driving limit.
Driver Qualification Files
These files contain the driver’s employment history, medical certifications, drug test results, and training records. We often find that trucking companies hired drivers who shouldn’t have been behind the wheel—or failed to maintain required certifications.
Maintenance Records
Brake inspections, tire replacements, and repair logs show whether the company knew about dangerous conditions and chose to ignore them. Under § 396.3, these records must be kept for specific periods, but companies sometimes “lose” them after accidents.
Dashcam Footage
Many trucks now have forward-facing and driver-facing cameras. This footage can prove distraction, show the driver fell asleep, or capture the moment of impact. But trucking companies often delete this footage within days unless we demand preservation.
Cell Phone Records
Federal law prohibits hand-held mobile phone use while driving. We subpoena phone records to prove the driver was texting or calling at the moment of impact.
Witness Statements
In rural Billings County, witnesses might be the only other driver on the road that day. We locate and interview witnesses before memories fade or they leave the state.
Catastrophic Injuries and Your Future
18-wheeler accidents don’t cause minor injuries. The forces involved—the same physics that let these trucks haul 80,000 pounds—shatter bones, sever spinal cords, and destroy brains.
We’ve helped clients recover from:
Traumatic Brain Injuries (TBI)
The brain floats in fluid inside your skull. When an 80,000-pound truck hits your vehicle, your brain slams against the skull wall, causing bruising, bleeding, and axonal shearing. Symptoms might not appear for days: persistent headaches, memory loss, personality changes, difficulty concentrating, and mood disorders.
TBI cases require lifetime care and rehabilitation. Settlement ranges typically run from $1.5 million to $9.8 million depending on severity, but only if you have an attorney who understands how to prove these invisible injuries.
Spinal Cord Injuries
The impact forces in trucking accidents frequently fracture vertebrae and damage the spinal cord. Depending on the injury level, victims face paraplegia (loss of leg function) or quadriplegia (loss of all four limb function).
Lifetime care costs for quadriplegia can exceed $5 million, not including lost wages or pain and suffering. We work with life care planners to ensure every future expense is accounted for in your settlement.
Amputations
Crushing injuries from truck accidents sometimes require surgical amputation of limbs. Prosthetics cost $5,000 to $50,000 each and must be replaced every few years. Victims face permanent disability, phantom limb pain, and psychological trauma.
Our settlements for amputation cases typically range from $1.9 million to $8.6 million, ensuring clients can afford the best prosthetic technology and rehabilitation available.
Severe Burns
When fuel tanks rupture or hazmat cargo ignites, truck accidents cause devastating thermal burns. Third-degree burns require skin grafts, multiple surgeries, and leave permanent scarring and disfigurement.
Burn victims often face chronic pain, infection risks, and psychological trauma from their changed appearance.
Wrongful Death
When trucking accidents kill, surviving family members face funeral expenses, lost income, and the devastating loss of companionship. North Dakota law allows recovery for loss of consortium, mental anguish, and the decedent’s pain and suffering before death.
Our wrongful death settlements range from $1.9 million to $9.5 million, though every case is unique. As client Glenda Walker said after we settled her case: “They fought for me to get every dime I deserved.”
Insurance Coverage in Trucking Accidents—Millions Are Available
Federal law requires trucking companies to carry minimum liability insurance far exceeding typical auto policies:
- $750,000 for non-hazardous freight
- $1,000,000 for oil and large equipment transport
- $5,000,000 for hazardous materials and passenger transport
Many carriers carry $1-5 million or more in coverage. Unlike car accidents where you might deal with $30,000 policy limits, trucking accidents have real money available—but the trucking companies won’t offer it willingly.
Insurance adjusters are trained to minimize payouts. They’ll offer quick settlements before you understand the full extent of your injuries. They’ll claim you were partially at fault (North Dakota uses modified comparative negligence with a 50% bar—you recover nothing if you’re 50% or more at fault, and your recovery is reduced by your percentage of fault if less than 50%).
Lupe Peña knows these tactics because he used them. “I sat in rooms where adjusters were taught to find reasons to deny claims,” he recalls. “Now I teach our clients how to counter those strategies.”
We never accept first offers. We prepare every case as if it’s going to trial, which forces insurance companies to take us seriously. When they know we’re willing to go before a North Dakota jury, they offer fair settlements.
Frequently Asked Questions About Billings County Truck Accidents
How long do I have to file a lawsuit in North Dakota?
North Dakota gives you six years from the accident date to file a personal injury lawsuit—the longest statute of limitations in the United States. However, waiting is dangerous. Evidence disappears within days, and trucking companies are building their defense immediately. Call us within 24-48 hours if possible.
What if the trucking company is from out of state?
We handle interstate trucking cases regularly. Ralph Manginello is admitted to federal court, which allows us to sue out-of-state carriers in North Dakota federal court if they do business here. Federal trucking regulations apply nationwide, so we can use their safety violations against them regardless of where they’re headquartered.
Can I still recover if I was partially at fault?
Yes, under North Dakota’s modified comparative negligence rule. If you were less than 50% at fault, you can recover damages reduced by your percentage of fault. If you were 50% or more at fault, you cannot recover. We investigate thoroughly to minimize any fault attributed to you.
What if the truck driver was an independent contractor?
Trucking companies often claim drivers are independent contractors to avoid liability. We investigate the actual relationship—if the company controlled the driver’s schedule, routes, or equipment, they’re likely liable under respondeat superior or negligent hiring theories.
How much is my case worth?
Every case differs based on injury severity, medical costs, lost wages, pain and suffering, available insurance, and the degree of negligence. We’ve recovered settlements ranging from hundreds of thousands to millions. We don’t promise specific amounts, but we do promise to fight for every dollar you deserve.
What if I don’t have health insurance?
We can help you receive medical treatment under a Letter of Protection (LOP), where doctors agree to wait for payment until your case settles. You don’t need insurance to get quality care after a truck accident.
Will my case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to court. Insurance companies offer better settlements when they know your attorney is ready to try the case. Ralph Manginello has the courtroom experience to take your case all the way if necessary.
How much does it cost to hire Attorney911?
Nothing upfront. We work on contingency—you pay absolutely nothing unless we win. Our fee comes from the settlement, not your pocket. You never receive a bill from us during your case.
Do you handle cases in Spanish?
Yes. Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español. Llame al 1-888-ATTY-911.
What makes Attorney911 different from other personal injury firms?
Twenty-five years of experience. Former insurance defense attorneys on staff who know the opposition’s playbook. Multi-million dollar verdicts against Fortune 500 companies. Federal court admission. And a 4.9-star Google rating from over 251 clients who say we treat them like family, not case numbers.
As client Donald Wilcox said: “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.”
The Attorney911 Promise to Billings County
When you hire Attorney911 after a truck accident in Billings County, you get:
Immediate Response: We answer calls 24/7 at 1-888-ATTY-911. When a truck hits you at 2 AM on I-94, we’re answering.
Evidence Preservation: We send spoliation letters within 24 hours to preserve ECM data, ELD records, and maintenance logs before they disappear.
No Upfront Costs: You pay nothing unless we win. We advance all investigation costs.
Federal Court Experience: Ralph Manginello’s admission to the Southern District of Texas federal court translates to handling complex interstate trucking cases nationwide, including North Dakota’s federal courts.
Insider Knowledge: Lupe Peña’s background defending insurance companies means we know every trick they’ll try to use against you—and how to counter them.
Family Treatment: As Chad Harris told us, “You are FAMILY to them.” We return calls promptly, update you regularly, and treat your case with the urgency it deserves.
Multi-Million Dollar Results: From the $5 million brain injury settlement to the $3.8 million amputation recovery to the current $10 million University of Houston hazing litigation, we have the resources to fight major corporations and win.
Call Now—Before Evidence Disappears
The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. Black box data is being overwritten. Witnesses are forgetting details.
You have six years under North Dakota law, but you don’t have six days to preserve the evidence that will win your case.
Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911). Speak directly with Ralph Manginello or Lupe Peña. Get a free consultation. Pay nothing unless we win.
Don’t let the trucking companies push you around. We push back harder.
Hablamos Español. Llame ahora al 1-888-ATTY-911.
Attorney911 serves clients throughout Billings County, North Dakota, including Medora, Fryburg, and all points along I-94, US-85, and state highways. Offices in Houston, Austin, and Beaumont, Texas—serving North Dakota through federal jurisdiction and strategic partnerships.