Burke County 18-Wheeler Accident Attorneys

When Oilfield Trucks and Agricultural Semis Cause Catastrophic Crashes in Burke County, We’re the Team North Dakota Families Trust

The impact was catastrophic. One moment you’re driving on the rural highways of Burke County—the next, an 80,000-pound oilfield truck or grain hauler changes everything. In northwestern North Dakota’s rugged oil country and agricultural heartland, trucking accidents aren’t just statistics. They’re devastating realities that leave Burke County families facing catastrophic injuries, mounting medical bills, and financial ruin.

Every 16 minutes, someone in America is injured in a commercial truck crash. In Burke County, the risk is even higher. Our position in the Bakken oil region and the wheat belt means our roads see heavy oilfield traffic, agricultural equipment, and long-haul trucks navigating brutal winters and remote stretches where help is hours away. When these massive vehicles collide with passenger cars on Burke County’s rural highways, the physics are brutal: 80,000 pounds versus 4,000 pounds. That’s not a fair fight—and that’s exactly why Ralph Manginello has spent 25+ years fighting for trucking accident victims, securing multi-million dollar verdicts and settlements for families just like yours.

We are Attorney911, and we know Burke County. We understand the unique dangers of Bakken oilfield truck traffic, the hazards of agricultural hauling on rural routes like US-2 and ND-40, and the devastating reality of winter trucking accidents when temperatures drop to -40°F. Our managing partner, Ralph Manginello—admitted to the U.S. District Court, Southern District of Texas since 1998—brings federal court experience to every case, combined with our team’s deep understanding of Burke County’s specific trucking corridors and challenges.

Call 1-888-ATTY-911 now for a free consultation. We answer 24/7, and we represent Burke County trucking accident victims on contingency—you pay nothing unless we win.

Burke County Trucking Accidents: When Oil Fields Meet Agricultural Roads

Burke County sits at the intersection of North Dakota’s two most dangerous trucking industries: oilfield extraction and agriculture. Our county’s position in the Bakken formation means we’re served by some of the heaviest truck traffic in the state, with oilfield service vehicles, water trucks, and equipment haulers sharing narrow rural highways with agricultural semis hauling wheat, canola, and pulse crops from local farms.

The trucking corridors serving Burke County create unique risks:

• US-2 runs east-west through the county, carrying transcontinental freight and local agricultural traffic
• ND-40 and ND-50 serve as critical north-south routes connecting farms to grain elevators and oilfield sites
• ** proximity to I-94** means high-speed interstate traffic merges with slower local farm equipment
• Rural county roads often lack shoulders, adequate lighting, or safety barriers

The statistics are sobering. Nationally, over 5,100 people die annually in trucking accidents, with 76% of those deaths occurring to occupants of the smaller vehicle. In rural counties like Burke, the death toll often exceeds urban areas because emergency services are distant, and winter weather can turn minor crashes into fatal events when victims wait hours for rescue.

But here’s what trucking companies don’t want Burke County victims to know: these crashes are rarely “accidents.” They’re the predictable result of FMCSA regulation violations, negligent hiring practices, and profit-driven safety shortcuts. When an oilfield company pressures a driver to haul overweight loads on icy roads, or an agricultural shipper fails to properly secure cargo on curves prone to high winds, they’ve chosen to put profits over your safety.

We hold them accountable. Ralph Manginello has built a 25-year career taking on Fortune 500 trucking operations and winning. Our team includes associate attorney Lupe Peña, who spent years working as an insurance defense attorney before joining Attorney911—meaning we know exactly how trucking insurers evaluate claims, minimize payouts, and deny legitimate cases. Now he fights against them. That’s your advantage.

Who We Are: Burke County’s Dedicated Trucking Accident Litigators

Ralph Manginello is not just any personal injury attorney. Since 1998, he has fought for injury victims across the United States, with federal court admission to the Southern District of Texas and active bar membership in both Texas (Bar #24007597) and New York. This dual-state licensure allows him to handle complex interstate trucking cases that cross jurisdictional lines—critical when Burke County crashes involve out-of-state carriers, which is common given our oilfield traffic.

Our firm’s track record speaks for itself. We’ve recovered $50+ million for clients across all practice areas, including:

• $5+ million for a traumatic brain injury victim struck by a falling log
• $3.8+ million for a car accident victim who suffered amputation due to medical complications
• $2.5+ million for commercial truck crash victims
• Millions more in wrongful death 18-wheeler cases

We were one of the few Texas firms involved in the BP Texas City Refinery explosion litigation following the 2005 disaster—experience that proves we can go toe-to-toe with the world’s largest corporations and win.

What makes us different for Burke County cases? Our team includes Lupe Peña, a fluent Spanish-speaking attorney who previously defended insurance companies. He knows their playbook intimately—their delay tactics, their lowball settlement formulas, their strategies for blaming victims. Now he uses that insider knowledge to fight for North Dakota families. Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.

With offices in Houston, Austin, and Beaumont, we serve trucking accident victims nationwide. For Burke County clients, we offer remote consultations, travel to North Dakota for case preparation, and maintain relationships with local accident reconstruction experts familiar with Bakken oilfield operations and North Dakota’s unique rural crash dynamics.

Don’t just take our word for it. Client Mongo Slade said, “I was rear-ended and the team got right to work… I also got a very nice settlement.” Donald Wilcox told 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.” And Glenda Walker put it simply: “They fought for me to get every dime I deserved.”

The FMCSA Regulations That Protect Burke County Drivers (And trucking companies violate)

Every 18-wheeler on Burke County highways must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations codified in Title 49 of the Code of Federal Regulations (49 CFR). These aren’t suggestions—they’re federal laws. When trucking companies break them, they endanger Burke County families and create liability that strengthens your case.

49 CFR Part 395: Hours of Service (The Fatigue Rule)

Fatigue causes approximately 31% of fatal truck crashes. Federal law limits commercial drivers to:

• 11 hours maximum driving after 10 consecutive hours off duty
• 14-hour maximum on-duty window from start to end of shift
• 30-minute break required after 8 cumulative hours driving
• 60/70 hour weekly limits (60 hours in 7 days or 70 in 8)

In Burke County’s oilfields, drivers often face pressure to work 20-hour shifts during drilling booms. When we subpoena Electronic Logging Device (ELD) data, we frequently find violations—drivers who’ve been awake for 18+ hours hauling water or equipment on icy County Road 1 near Bowbells. That’s not just exhaustion; that’s negligence under 49 CFR § 395.3.

49 CFR Part 393: Vehicle Safety and Cargo Securement

Burke County’s agricultural and oilfield cargo creates specific hazards. Federal regulations require:

• Cargo securement systems withstand 0.8g deceleration forces (forward), 0.5g lateral forces (side), and 0.5g rearward acceleration (49 CFR § 393.102)
• Aggregate working load limits of at least 50% of cargo weight for loose cargo
• Proper blocking, bracing, and friction mats for heavy equipment

When a grain hauler dumps its load on US-2 near Burke County’s border, or an oilfield pipe slips off a truck on ND-40, violating these securement rules, the trucking company is liable for the resulting crashes.

49 CFR Part 391: Driver Qualification

Trucking companies must verify drivers are qualified before putting them on Burke County roads. Required documentation includes:

• Valid Commercial Driver’s License (CDL)
• Current Medical Examiner’s Certificate (renewed every 2 years maximum)
• Clean driving record checks
• Pre-employment drug screening (49 CFR § 391.15)

When companies hire drivers with suspended licenses, failed drug tests, or histories of reckless driving—and then send them onto Burke County’s winter roads—they commit negligent hiring, a direct basis for liability.

49 CFR Part 392: Safe Operation Rules

Drivers must operate safely for conditions. 49 CFR § 392.3 prohibits driving while fatigued, ill, or impaired. 49 CFR § 392.6 prohibits scheduling routes that require speeding to meet deadlines—a common violation when oilfield companies demand rush deliveries to remote well sites near Flaxton or Lignite.

49 CFR Part 396: Inspection and Maintenance

Brake failures cause 29% of truck accidents. Federal law requires:

• Pre-trip inspections before every driving day (49 CFR § 396.13)
• Post-trip reports documenting defects (49 CFR § 396.11)
• Annual comprehensive inspections covering brake systems, tires, lighting, and steering (49 CFR § 396.17)

In Burke County’s harsh climate, where road salt and -40°F temperatures destroy brake systems, maintenance failures are common. When trucking companies defer repairs to save money during slow agricultural seasons, they create deadly hazards on our winter roads.

Types of 18-Wheeler Accidents in Burke County: From Bakken Oil Rigs to Wheat Fields

Not all trucking accidents are the same. In Burke County’s unique environment—combining oilfield operations, agricultural hauls, and extreme weather—certain accident types predominate.

Jackknife Accidents on Icy Rural Highways

What happens: The trailer swings out perpendicular to the cab, often blocking both lanes of narrow rural highways like ND-40 or US-2 near Columbus.

Why in Burke County: Our brutal winters create black ice conditions, especially on bridges and overpasses. When drivers panic-brake on ice, or when oilfield trucks with empty trailers (which jackknife more easily) hit slick spots near the Des Lacs National Wildlife Refuge, multi-vehicle pileups result.

The violation: Usually 49 CFR § 393.48 (brake system maintenance) or 49 CFR § 392.6 (excessive speed for conditions).

Rollover Accidents on County Roads

What happens: The truck tips onto its side or roof, often spilling cargo across the roadway.

Why in Burke County: Our county roads feature soft shoulders, sharp curves near the Souris River valley, and high winds across the prairie. Agricultural trucks with high-center-of-gravity grain loads are particularly vulnerable. Oilfield trucks carrying water or drilling fluids face “liquid surge”—when liquid cargo shifts during turns, causing rollovers on curves near Bowbells.

The violation: 49 CFR § 393.100-136 (cargo securement failures) or loading company negligence.

Underride Collisions: The Deadliest Crashes

What happens: A smaller vehicle slides under the rear or side of the trailer, shearing off the passenger compartment.

Why in Burke County: Limited lighting on rural highways, blowing snow reducing visibility, and the prevalence of older trailers without modern underride guards contribute to these catastrophic crashes on US-2 during winter storms.

The violation: 49 CFR § 393.86 requires rear impact guards on post-1998 trailers, but maintenance failures and side-impact gaps (no federal mandate for side guards) create liability.

Rear-End Collisions: The Stopping Distance Problem

What happens: An 18-wheeler crashes into the back of a passenger vehicle, or a car rear-ends a slow-moving oilfield truck.

Why in Burke County: Long, straight stretches like US-2 encourage highway hypnosis. When combines or farm equipment enter the highway from field access roads without adequate acceleration lanes, or when oilfield trucks slow unexpectedly for well site entrances near Lignite, rear-end crashes occur.

The physics: A loaded truck needs 525 feet to stop from 65 mph—nearly two football fields. On icy Burke County roads, that distance doubles.

The violation: 49 CFR § 392.11 (following too closely) or 49 CFR § 392.3 (fatigued driving).

Wide Turn Accidents in Small Towns

What happens: Trucks swing wide (often left) before right turns, crushing vehicles in the “squeeze play” zone.

Why in Burke County: Narrow downtown streets in Bowbells or Columbus weren’t designed for modern 53-foot trailers. When oilfield service trucks attempt turns at the Cenex or local grain elevators, they often crush vehicles that entered the gap.

Tire Blowouts in Extreme Heat and Cold

What happens: A tire explodes, causing the driver to lose control or creating “road gators” (tire debris) that strike following vehicles.

Why in Burke County: Summer heat on asphalt reaching 120°F plus heavy loads stress tires. Winter cold makes rubber brittle. Agricultural trucks often use mismatched dual wheels or overloaded single axles.

The violation: 49 CFR § 393.75 requires minimum tread depths (4/32″ steer tires, 2/32″ others). Pre-trip inspection failures under 49 CFR § 396.13 are common causes.

Brake Failure on Long Grades

What happens: Brakes overheat and fade on long descents, or fail completely due to poor maintenance.

Why in Burke County: While relatively flat, Burke County features river valleys and overpasses where brake fade occurs, especially when heavy oilfield trucks descend from elevated county roads during harvest season when everyone’s hauling maximum loads.

The violation: 49 CFR § 393.40-55 (brake system requirements) and 49 CFR § 396.3 (systematic maintenance failures).

Who Can Be Held Liable? More Than Just the Driver

One critical difference between car accidents and 18-wheeler crashes: multiple parties can be liable. In Burke County’s oilfield and agricultural economy, identifying all responsible parties maximizes your recovery.

The Truck Driver

Direct negligence includes speeding, distraction (cell phone use violates 49 CFR § 392.82), fatigued driving, or impairment. We subpoena cell records, ELD data, and drug test results.

The Trucking Company / Motor Carrier

Under respondeat superior, employers are liable for employees’ negligent acts. Additionally, companies face direct liability for:

• Negligent hiring: Failing to check if a driver had previous oilfield accidents or DUIs before sending him to Burke County
• Negligent training: Not teaching drivers how to handle Bakken oilfield roads in winter
• Negligent supervision: Ignoring ELD violations or hours-of-service fraud
• Negligent maintenance: Skipping brake inspections to save money during agricultural off-seasons

Motor carriers carry $750,000 to $5 million in federal insurance—far more than individual car insurance.

The Oil or Agricultural Company (Cargo Owner)

When Marathon, Hess, or local agricultural co-ops demand overweight loads, rush deliveries to well sites before weather closes roads, or fail to disclose hazardous cargo characteristics, they share liability.

The Loading Company

Third-party loaders who improperly secure pipe, equipment, or grain on Burke County trucks may be liable when cargo shifts cause rollovers.

Truck and Parts Manufacturers

Defective brakes, tires prone to blowouts in cold weather, or stability control system failures can support product liability claims against manufacturers.

Maintenance Companies

Third-party shops that perform negligent brake repairs or tire installations on trucks serving Burke County’s oilfields can be liable for resulting crashes.

Freight Brokers

Brokers who select carriers with poor safety records (visible in FMCSA’s SAFER system) to haul to Burke County well sites commit negligent selection.

Government Entities

When Burke County road maintenance failures—like inadequate snow removal on US-2, missing guardrails on county roads, or inadequate signage at oilfield entrances—contribute to crashes, government liability may apply.

North Dakota Note: Claims against government entities have strict notice requirements. You must file notice within 180 days of the incident for state/county claims, making immediate legal consultation critical.

Evidence Preservation: The 48-Hour Rule That Could Save Your Case

Here’s what trucking companies don’t want Burke County victims to know: Critical evidence disappears fast.

While you’re being treated at Trinity Hospital in Minot or St. Andrews Health Center in Bowbells, the trucking company has already dispatched “rapid response teams”—lawyers and investigators—to the crash scene. Their goal: protect their interests, not yours.

Critical timelines:

• ECM/Black box data: Can be overwritten in 30 days or sooner with new driving events
• ELD (Electronic Logging Device) logs: FMCSA only requires 6-month retention, but trucking companies often “lose” them faster
• Dashcam footage: Frequently deleted within 7-14 days
• Surveillance video: Local businesses in Burke County typically overwrite cameras in 7-30 days
• Witness memories: Fade significantly within weeks in rural areas where passersby are rare

Our immediate response: When you hire Attorney911, we send spoliation letters within 24 hours to the trucking company, their insurer, and all potentially liable parties. These letters legally compel preservation of:

• ECM/EDR data showing speed, braking, and throttle position
• ELD records proving hours-of-service violations
• Driver Qualification Files (employment apps, background checks, medical certs)
• Maintenance records and inspection reports
• Cell phone records for distraction evidence
• GPS/telematics data showing route history
• Dispatch communications showing schedule pressure

We also deploy investigators to Burke County immediately to photograph the scene, measure skid marks, interview witnesses before they disappear, and inspect the truck before it’s repaired or sold for scrap.

Why this matters for Burke County: Our rural location means evidence dissipates faster. A witness who saw your crash on US-2 might be a farmer from another county who won’t be found later. Road conditions change rapidly with North Dakota weather. The physical evidence of a January ice storm crash might be gone by March thaw.

Catastrophic Injuries: The True Cost of Burke County Trucking Accidents

The physics of 80,000 pounds versus 4,000 pounds creates catastrophic, life-altering injuries. In Burke County, where the nearest Level I trauma center might be hours away in Fargo or Bismarck, delays in care can worsen outcomes.

Traumatic Brain Injury (TBI)

The sudden deceleration forces in truck crashes cause the brain to impact the skull. TBI symptoms—confusion, memory loss, personality changes, chronic headaches—may not appear immediately. Lifetime care costs range from $85,000 to $3+ million. Our firm has secured $1.5 million to $9.8 million for TBI victims.

Spinal Cord Injury and Paralysis

When trucks rollover or when underride crashes sever the spinal column, victims face paraplegia or quadriplegia. The lifetime cost of spinal cord injury exceeds $5 million for high quadriplegia. These cases require future medical cost projections, life care planning, and vocational analysis. We pursue $4.7 million to $25.8 million settlements to cover lifetime needs.

Amputation

Crush injuries from truck impacts often require limb amputation during extraction or later due to infection. Prosthetics cost $5,000 to $50,000+ per unit, needing replacement every 3-5 years. Our amputation case results range from $1.9 million to $8.6 million.

Wrongful Death

When trucking accidents kill Burke County residents—whether on the drive to Minot for work or coming home from the fields—families lose lifelong income, companionship, and parental guidance. North Dakota allows recovery for lost income, loss of consortium, mental anguish, and funeral expenses. Our wrongful death recoveries range from $1.9 million to $9.5 million.

Client Ernest Cano said it best: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”

North Dakota Law: Critical Rules for Burke County Cases

Statute of Limitations: Six Years (One of the Longest in America)

North Dakota grants six years from the date of injury to file personal injury lawsuits—among the most generous in the nation. However, don’t wait. Evidence disappears while the clock runs.

For wrongful death claims, North Dakota allows two years from the date of death.

Comparative Negligence: The 50% Bar Rule

North Dakota follows modified comparative negligence with a 50% bar. This means:

• If you’re less than 50% at fault, you recover damages reduced by your percentage of fault
• If you’re 50% or more at fault, you recover nothing

Trucking companies and their insurers will try to blame Burke County victims for “not seeing the truck” or “driving too fast for conditions.” We fight these allegations with ECM data, accident reconstruction, and by proving FMCSA violations that establish the trucker’s primary fault.

Punitive Damages Cap

North Dakota caps punitive damages at the greater of two times compensatory damages or $250,000 (N.D. Cent. Code § 32-03.2-11). However, these caps don’t apply if the defendant engaged in intentional misconduct or suppressed evidence of wrongdoing—common in trucking cases where companies destroy logbooks or black box data.

Trucking Corridors and Local Hazards

Burke County’s position in northwestern North Dakota creates specific trucking risks:

• US-2: Major east-west corridor connecting Minot to the Montana border, carrying oilfield equipment and agricultural exports
• ND-40 and ND-50: North-south routes serving remote well sites and farms, often poorly maintained in winter
• County roads: 80% of Burke County roads are gravel or minimum maintenance, creating dust, washboard surfaces, and washouts
• Weather hazards: -40°F temperatures, ground blizzards with zero visibility, and “black ice” on paved routes

Frequently Asked Questions: Burke County Trucking Accidents

What should I do immediately after an 18-wheeler accident in Burke County?
Call 911 immediately. Given Burke County’s rural nature, emergency response times can be lengthy. Document everything—photos of the scene, the truck’s DOT number (usually on the door), driver information, and witness contacts. Seek medical care at St. Andrews Health Center or Trinity Hospital in Minot, even if injuries seem minor. Then call Attorney911 at 1-888-ATTY-911 before talking to any insurance adjuster.

How long do I have to file a lawsuit in Burke County?
North Dakota law gives you six years for personal injury claims and two years for wrongful death. However, waiting harms your case. We need to preserve black box data immediately.

Who pays my medical bills while I wait for settlement?
We can help you find medical providers who work on liens (paid from settlement) or use your Personal Injury Protection (PIP) if available. Don’t let lack of insurance delay treatment.

What if the trucking company says I was partially at fault?
North Dakota uses modified comparative negligence. As long as you’re less than 50% at fault, you recover damages. We use ECM data and FMCSA violations to prove the trucker was primarily responsible.

How much is my Burke County trucking case worth?
Values depend on injury severity, medical costs, lost wages, and available insurance. trucking cases typically carry $750,000 to $5 million in coverage. We’ve recovered millions for clients with similar injuries.

Can I afford an attorney?
Yes. We work on contingency fee—you pay nothing upfront. We only get paid when we win your case. Our fee is typically 33.33% pre-trial, 40% if trial is necessary. We advance all costs. Hablamos Español—call Lupe Peña.

What if the truck driver was an independent contractor?
Both the driver and the trucking company that hired them may be liable. We investigate the lease agreements and insurance policies to find all coverage.

How do you prove the driver was fatigued?
We subpoena ELD (Electronic Logging Device) records required by 49 CFR § 395.8. These prove hours-of-service violations.

What is a “nuclear verdict” and could my case get one?
Nuclear verdicts exceed $10 million and occur when companies act with gross negligence. Recent trucking verdicts include a $462 million underride case and a $1 billion negligent hiring case. While every case differs, these show what’s possible when companies put profits over safety.

Why Burke County Victims Choose Attorney911

We don’t just handle cases—we treat you like family. As client Chad Harris told us: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

We take cases other firms reject. Donald Wilcox was turned down by one firm before we won his case and delivered what he called a “handsome check.”

We work faster than the competition. Angel Walle said: “They solved in a couple of months what others did nothing about in two years.”

We maximize recovery. Glenda Walker noted: “They fought for me to get every dime I deserved.”

Our credentials matter:

• Ralph Manginello: 25+ years experience, federal court admission
• Lupe Peña: Former insurance defense attorney, bilingual services
• 4.9-star Google rating (251+ reviews)
• Trial Lawyers Achievement Association Million Dollar Member
• Offices in Houston, Austin, and Beaumont with nationwide reach
• Current $10 million active litigation against University of Houston (demonstrating our capacity for major cases)

Call Now: Your Burke County Trucking Accident Case Review Is Free

The trucking company has lawyers working right now to minimize your claim. You deserve someone fighting just as hard for you.

Call 1-888-ATTY-911 (1-888-288-9911) now. We answer 24/7. Consultations are free. You pay nothing unless we win.

Hablamos Español. Llame a Lupe Peña.

Available offices: Houston (Main) at 1177 West Loop S, Suite 1600; Austin at 316 West 12th Street; Beaumont (available for meetings). We represent Burke County clients remotely and travel to North Dakota when needed.

Don’t let the trucking company win. Don’t settle for less than you deserve. With Attorney911, you get a team that includes a former insurance defense attorney, 25 years of federal court experience, and a track record of multi-million dollar verdicts.

Your fight starts with one call: 1-888-ATTY-911.

Attorney911 / The Manginello Law Firm, PLLC
Burke County, North Dakota Trucking Accident Attorneys
Serving catastrophic injury victims nationwide