If an 80,000-pound wheat truck changes your life forever on a rural Kansas highway, you need more than a lawyer—you need a fighter who knows the difference between a combine and a commercial carrier, who understands that in Edwards County, wheat harvest season brings convoys of heavy equipment onto roads barely wide enough for two cars. You need someone who will pick up the phone at 2 AM when the hospital calls from Wichita, who knows that the closest Level I trauma center is hours away, and who can be at your bedside while the trucking company’s lawyers are already downloading the black box data.
We’re Attorney911. And for families across Edwards County, Kansas, we’ve spent over 25 years turning trucking company excuses into multi-million dollar recoveries.
Ralph Manginello built this firm in 1998 after watching insurance companies bully injured people into accepting pennies on the dollar for life-altering injuries. Today, with offices in Houston, Austin, and Beaumont—and federal court admission to the Southern District of Texas—we bring that big-firm firepower to the wheat fields and two-lane highways of southwestern Kansas. Our associate attorney Lupe Peña spent years working for the very insurance companies that insured these commercial fleets. He knows their playbook because he used to run it. Now, he uses that insider knowledge against them.
We’re currently litigating a $10 million hazing lawsuit against a major university, but make no mistake: trucking companies remain our bread and butter. We’ve recovered over $50 million for families like yours, including a $5 million settlement for a traumatic brain injury victim struck by falling equipment, and $3.8 million for a client who lost a limb after a collision. When you call 1-888-ATTY-911, you’re not getting a case number. As our client Chad Harris said, “You are FAMILY to them.”
And in Edwards County, family means everything.
The Physics of Devastation: Why Truck Accidents in Kansas Are Different
Your sedan weighs roughly 4,000 pounds. A fully loaded Kansas grain truck—or an 18-wheeler hauling equipment along I-70—can weigh 80,000 pounds. That’s 20 times the mass. When that much steel hits you at 65 miles per hour on a rural road like K-96 or U.S. 56, the laws of physics don’t care about your airbags.
In the last year alone, over 5,100 Americans died in commercial truck accidents nationally, with 76% of those deaths occurring to occupants of smaller vehicles. Here in Kansas, where I-70 serves as the main artery between Denver and Kansas City, and where agricultural routes like those through Kinsley and Lewis feed into major distribution hubs, we see the devastation firsthand.
Edwards County residents know these roads intimately—the flat stretches where wind whips across the plains, the intersections where dust storms reduce visibility to near zero, and the curves where a tired driver hauling wheat from the elevator loses control. When that happens, the results are catastrophic.
Because here’s what most people don’t know: an 80,000-pound truck traveling at highway speed needs nearly two football fields—525 feet—to come to a complete stop. In a passenger car? You’d stop in roughly 300 feet. That extra distance means that when a truck driver fails to brake in time at the intersection of U.S. 50 and a county road near your farm, there is no “almost.” There is only impact.
Common Truck Accident Types We See in Edwards County
Not all truck accidents are created equal, and in Edwards County—where agriculture dominates the economy and heavy equipment shares the road with family sedans—we see distinct patterns that differ from urban Houston or Austin.
Rollovers on Rural Routes
Kansas highways are long and straight, but they’re not flat. The slight banking on curves, combined with high winds common to Edwards County, creates a perfect storm for rollover accidents. When a trucker hauling grain takes a curve too fast—or when a sudden gust of wind hits a high-profile empty trailer—the center of gravity shifts. The truck tips. And because many of these roads lack wide shoulders or guardrails, the truck often slides into oncoming traffic or rolls across both lanes.
These accidents often involve 49 CFR § 393.100 violations—meaning the cargo was improperly secured or unevenly distributed, creating an unstable load that shifted during transit. We investigate the loading records from the grain elevator in Kinsley or the distribution center in Lewis to determine if the shipper overloaded the truck or failed to properly balance the load.
Underride Collisions: The Silent Killer
When a sedan hits the rear or side of a trailer and slides underneath, the result is often decapitation or catastrophic head trauma. Underride guards are supposed to prevent this under 49 CFR § 393.86, but we find that many trucking companies run with damaged, missing, or improperly maintained guards. On dark rural roads like those connecting Edwards County to the rest of the state—where street lighting is minimal and deer headlights can distract a tired driver—these accidents become nightmares.
Jackknife Accidents on I-70
I-70 cuts through the northern part of Edwards County, carrying freight from the ports of California to the distribution centers of the Midwest. In winter, black ice forms unexpectedly on the interstate. When a trucker brakes suddenly—or when their brakes fail due to poor maintenance under 49 CFR § 396.3—the trailer swings out perpendicular to the cab. The truck blocks multiple lanes. And in the seconds it takes for the jackknife to complete, any vehicle behind the truck becomes a target.
Rear-End Collisions: The Longer Stop
Tired truckers pushing through the 11-hour driving limit under 49 CFR § 395.8 don’t react as quickly. When traffic slows unexpectedly near construction zones on US-56 or at the stoplight in Lewis, a fatigued driver needs that extra 225 feet to stop. If they’re following too closely—violating 49 CFR § 392.11—they simply can’t stop in time. The result is a 40-ton vehicle crushing a sedan at highway speed.
Tire Blowouts and Debris
Heat builds up in truck tires during long hauls across Kansas, especially in summer when temperatures on the asphalt exceed 120 degrees. Under 49 CFR § 393.75, tires must have adequate tread and be properly maintained. When a tire blows on I-70 outside of Kinsley, the resulting “road gator” (the shredded tire tread) can cause secondary accidents as drivers swerve to avoid it, or the truck itself can lose control and enter your lane.
Wide Turn Accidents
In the small towns of Edwards County—like Belpre or Lewis—drivers sometimes don’t account for the swing radius of an 18-wheeler. When a truck makes a right turn from a narrow street onto U.S. 50, the trailer cuts the corner. If you’re in the “squeeze play” zone between the curb and the trailer, you get crushed.
The Federal Regulations That Protect You (And When Truckers Break Them)
Every commercial truck on Kansas highways is governed by the Federal Motor Carrier Safety Administration (FMCSA) regulations found in Title 49 of the Code of Federal Regulations. These aren’t guidelines—they’re federal law. When trucking companies violate them, they create liability that we use to prove negligence in court.
Hours of Service Violations (49 CFR Part 395)
Truck drivers cannot drive more than 11 hours after 10 consecutive hours off duty. They cannot be on duty beyond the 14th consecutive hour. They must take a 30-minute break after 8 cumulative hours of driving. And they cannot exceed 60 hours in 7 days or 70 hours in 8 days.
Yet in the world of agricultural trucking, pressure mounts during harvest season. Grain must move before spoilage. Equipment must reach the field before rain. We’ve seen drivers violate these rules, falsify their Electronic Logging Device (ELD) records under 49 CFR § 395.8, and drive while fatigued. The ELD data—which we preserve immediately through spoliation letters—proves these violations and establishes negligence per se.
Driver Qualification Standards (49 CFR Part 391)
Before a trucking company puts a driver on the road, they must verify:
- The driver holds a valid Commercial Driver’s License (CDL)
- The driver passed a medical examination (required every 2 years under 49 CFR § 391.45)
- The driver has no recent felonies or major traffic violations
- The company conducted a background check of the driver’s employment history for the past three years
This “Driver Qualification File” is evidence gold. When we demand these files in Edwards County cases, we often find that fly-by-night agricultural haulers hired drivers with suspended licenses or failed to check medical histories. In one case, we discovered a driver hauling heavy equipment through Edwards County had a known history of narcolepsy—information the trucking company ignored because they needed drivers during the busy season.
Vehicle Inspection and Maintenance (49 CFR Part 396)
Under 49 CFR § 396.3, every motor carrier must systematically inspect, repair, and maintain its vehicles. Drivers must conduct pre-trip inspections under 49 CFR § 396.13, checking brakes, tires, lights, and coupling devices. After each trip, they must file a report noting any defects.
We’ve found brake systems out of adjustment, tires with illegal tread depth (less than 4/32″ on steer tires per 49 CFR § 393.75), and non-functional lighting. When a truck enters Edwards County from Denver on I-70 with failing brakes, the driver literally cannot stop that vehicle on the downgrade approaching the Great Plains. That’s not an accident—it’s a preventable tragedy caused by deferred maintenance to save money.
Cargo Securement (49 CFR § 393.100-136)
Kansas wheat and grain must be properly secured. The working load limit of tie-downs must equal at least 50% of the cargo weight. When loaders at the grain elevator in Kinsley rush to get trucks on the road, they sometimes fail to properly secure the load. Grain shifts. The trailer weight distribution changes. The driver loses control on a curve near Lewis, and your family pays the price.
Drug and Alcohol Testing (49 CFR Part 382)
Commercial drivers are subject to random drug testing and must take post-accident tests within 32 hours. Under 49 CFR § 392.5, a driver cannot use alcohol within four hours of duty or have a blood alcohol concentration above 0.04 (half the limit for passenger car drivers). When we secure these records, we often find that drivers were intoxicated or under the influence of stimulants to stay awake during long hauls across Kansas.
Who Can You Sue? It’s More Than Just the Driver.
Most law firms sue the driver and call it a day. That’s negligence. In Edwards County, we investigate every party who touched that truck, loaded that cargo, or maintained that equipment because under Kansas modified comparative fault rules—where you must be less than 50% at fault to recover—identifying every responsible party maximizes your recovery.
The Truck Driver
Direct negligence: speeding, distracted driving (illegal under 49 CFR § 392.82 which bans hand-held mobile use), fatigue, impairment, or failure to yield on rural roads.
The Trucking Company (Motor Carrier)
Under the doctrine of respondeat superior, employers are liable for their employees’ actions. But we also pursue them for:
- Negligent Hiring: Failing to check the driver’s record (Edwards County drivers deserve better than a company that hires drivers with multiple DUIs)
- Negligent Training: Failing to train the driver on cargo securement or Hours of Service rules
- Negligent Supervision: Failing to monitor ELD compliance or ignoring dispatch records showing the driver was pushing beyond legal limits
- Negligent Maintenance: Violating 49 CFR § 396.3 by deferring brake repairs to save money
The Cargo Owner/Shipper
If the wheat elevator in Kinsley overloaded the truck or pressured the driver to exceed weight limits to get the grain to market before a storm, they share liability. Under Kansas law, the shipper has a duty not to create dangerous conditions.
The Loading Company
Third-party loaders who failed to properly secure the grain under 49 CFR § 393.100 can be held liable. We subpoena the loading contracts and training records from the facility in Lewis or Belpre.
Truck and Parts Manufacturers
If the accident was caused by defective brakes, tire blowouts from manufacturing defects, or steering failures, we pursue product liability claims against the manufacturer. We’ve litigated against major manufacturers and won.
Maintenance Companies
Independent garages that performed negligent brake adjustments or failed to identify dangerous cracks in the frame can be held responsible for their shoddy work.
Freight Brokers
Brokers who arranged the shipment but negligently selected a carrier with a terrible safety record (visible on the FMCSA’s SAFER system) can be liable for putting dangerous drivers on Edwards County roads.
Government Entities
When the Kansas Department of Transportation fails to maintain I-70, leaves dangerous potholes unrepaired, or fails to post adequate warning signs for low bridges on county roads, they may share liability. Note: Kansas has specific notice requirements and caps on damages against government entities, typically requiring notice within 120 days.
The Catastrophic Injuries That Change Everything
In Edwards County, where the nearest Level I trauma center might be hours away in Wichita or Denver, truck accident injuries often worsen before treatment begins. The types of injuries we see include:
Traumatic Brain Injuries (TBI)
From mild concussions to severe traumatic brain injuries requiring lifetime care. TBI victims often cannot return to work, suffer personality changes, and require 24/7 supervision. Our firm has recovered between $1.5 million and $9.8 million for TBI victims—the higher end when the injury requires ongoing nursing care.
Spinal Cord Injuries
Quadriplegia and paraplegia from rollover and underride accidents. The lifetime cost of a spinal cord injury can exceed $5 million. We work with life care planners to ensure your settlement covers home modifications, wheelchairs, and attendants.
Amputations
When a truck crushes a limb beyond repair, or when a collision causes such severe damage that surgical amputation is necessary. Prosthetics cost $50,000+ and must be replaced every few years. We’ve secured $1.9 million to $8.6 million for amputation victims.
Severe Burns
From post-collision fires or hazmat spills (common with agricultural chemicals), causing third and fourth-degree burns requiring skin grafts and reconstructive surgery.
Wrongful Death
When a loved one is taken from you on a rural Kansas highway. In Kansas, the statute of limitations is just two years from the date of death. We’ve recovered between $1.9 million and $9.5 million for families who lost breadwinners to trucking negligence.
Kansas Law: What You Must Know
Statute of Limitations: Two Years
Under Kansas law, you have exactly two years from the date of the accident to file a personal injury lawsuit. For wrongful death, it’s two years from the date of death. Miss this deadline, and you lose your right to recover—forever. That’s why we send our spoliation letters within 24 hours of being retained.
Modified Comparative Fault (50% Bar)
Kansas follows a modified comparative negligence rule. If you are found 49% or less at fault, you can recover damages reduced by your percentage. However, if you are 50% or more at fault, you recover nothing. Trucking companies and their insurers will try to blame you—claiming you were speeding, or didn’t signal, or were on your phone. We fight these allegations with ECM data, ELD records, and accident reconstruction to keep your fault percentage below the 50% threshold.
Punitive Damages
Kansas allows punitive damages under K.S.A. 60-3702 when the defendant’s conduct was willful, wanton, reckless, or in reckless disregard for the rights of others. When a trucking company knowingly puts a dangerous driver on the road, or falsifies maintenance records, or destroys evidence, we pursue punitive damages to punish them and deter future misconduct. However, Kansas caps punitive damages at the lesser of the defendant’s annual gross income or $5 million.
No-Fault Insurance Not Required
Unlike some states, Kansas does not require personal injury protection (PIP) for truck accidents, though your own auto insurance may have medical payments coverage. We help you navigate which insurance policy applies—yours, the truck’s, or excess coverage.
Evidence Preservation: The 48-Hour Rule
Here’s the reality that keeps us up at night: the trucking company has a team of lawyers and investigators on the scene before the ambulance clears the intersection. They are downloading the black box. They are coaching the driver. They are destroying—or “losing”—incriminating evidence.
That’s why we operate on the 48-hour rule. When you call 1-888-ATTY-911 for an Edwards County accident, within hours we:
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Send Spoliation Letters to the trucking company, their insurer, and any third-party maintenance companies, demanding preservation of:
- ECM (Electronic Control Module) data showing speed, braking, and throttle position
- ELD (Electronic Logging Device) records proving Hours of Service violations
- Driver Qualification Files showing hiring and training history
- Maintenance records for the past year
- Dashcam footage (often overwritten in 7-30 days)
- Dispatch records and GPS data
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Deploy Accident Reconstructionists to the scene on K-96 or I-70 to document skid marks, gouge marks in the asphalt, and debris patterns before weather erases them.
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Interview Witnesses before memories fade and witnesses become unreachable in rural Kansas.
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Subpoena Cell Phone Records to prove distracted driving under 49 CFR § 392.82.
We once had a case where the trucking company claimed the driver was off-duty and the truck was stolen. The ECM data—preserved because we acted fast—proved the driver was logged in, the truck was on cruise control, and the driver had been driving for 13 hours straight, violating the 11-hour rule. That data won a multi-million dollar settlement.
Why Edwards County Families Choose Attorney911
You have choices. You could call a billboard lawyer from Wichita. You could call a general practice attorney who handles divorces and DUIs. But when your spine is crushed or your husband is killed on I-70, you need a trucking specialist.
25 Years of Federal Court Experience
Ralph Manginello has been admitted to federal court since 1998. Most 18-wheeler cases involve interstate commerce, meaning we can—and often do—file in federal court to get better discovery rules and avoid local bias.
Former Insurance Defense Attorney on Your Side
Lupe Peña used to work for the insurance companies. He knows how they evaluate claims, what their Colossus software algorithms say your pain is worth, and when they’re bluffing about “policy limits.” He knows they lowball victims who don’t have lawyers capable of going to trial. That insider knowledge translates into higher settlements for you.
We Speak Spanish
Edwards County has a significant Hispanic population working in agriculture. Lupe Peña is fluent in Spanish. When you call 1-888-ATTY-911, you can speak directly with an attorney in your language—no interpreters, no confusion. Hablamos Español. Llame al 1-888-ATTY-911.
We Take Cases Other Firms Reject
Donald Wilcox came to us after another firm said his case was “too complex.” We took it. He later told us, “I got a call to come pick up this handsome check.” Glenda Walker said, “They fought for me to get every dime I deserved.” And Angel Walle noted, “They solved in a couple of months what others did nothing about in two years.”
We’re not afraid of complicated cases involving multiple defendants, federal regulations, or catastrophic injuries. In fact, those are the only cases we handle.
Offices Across Texas, Service to Kansas
While our physical offices are in Houston (1177 West Loop S, Suite 1600), Austin (316 West 12th Street), and Beaumont, we handle cases throughout the Midwest, including Kansas. We travel to Edwards County. We depose witnesses in Kinsley. We know the local courts in southwest Kansas, and we work with local counsel when necessary to ensure Kansas law is applied perfectly.
Real Results for Real People
We don’t deal in hypotheticals. Here’s what we’ve recovered:
- $5+ Million for a traumatic brain injury victim struck by a falling log (workplace/trucking hybrid case)
- $3.8+ Million for a client who suffered a partial leg amputation after a car accident involving a commercial vehicle
- $2.5+ Million for a trucking accident victim
- $2+ Million for a maritime back injury (demonstrating our ability to handle complex federal cases)
- Multi-million dollar settlements in wrongful death cases involving 18-wheelers
We’re currently litigating a $10 million lawsuit against a major university for hazing that caused permanent kidney damage—the same aggressive approach we bring to every trucking case.
What To Do Right Now If You’ve Been Hit
If you’re reading this from a hospital bed in Wichita, or if you’re standing beside a wrecked vehicle on the shoulder of I-70 near Lewis, here is your immediate action plan:
- Call 911 and get medical attention. Internal injuries and TBIs don’t always show symptoms immediately.
- Do Not Speak to the Trucking Company’s Insurance without an attorney. They will record you and twist your words.
- Document Everything. Take photos of your vehicle, the truck, the driver’s CDL, the DOT number on the door, skid marks, and road conditions. Get names of witnesses.
- Call Attorney911 at 1-888-ATTY-911. We will send a spoliation letter to preserve the black box before it’s overwritten. We will handle the insurance companies. We will get you to medical providers who work on liens so you don’t pay out of pocket.
- Focus on Healing. We’ll focus on winning.
Common Questions for Edwards County Residents
What if the truck driver says I caused the accident?
Kansas law allows you to recover as long as you are less than 50% at fault. We use ECM data, dashcam footage, and accident reconstruction to prove the truck driver’s negligence—not your fault.
How long will my case take?
In Kansas, straightforward cases settle in 6-12 months. Complex cases involving multiple defendants or catastrophic injuries may take 18-36 months. We work as fast as possible without sacrificing value.
Do I have to pay anything upfront?
No. We work on a contingency fee—33.33% if settled before trial, 40% if trial is necessary. You pay nothing unless we win. We advance all costs.
What if my loved one was killed?
Edwards County families have two years to file a wrongful death claim. You may recover for lost income, loss of consortium, funeral expenses, and mental anguish. Spouses, children, and parents of the deceased can bring claims.
Can I still recover if I was partially at fault?
Yes, if you were 49% or less at fault. But the trucking company will try to blame you. That’s why you need us.
The Call That Changes Everything
The insurance company has already assigned an adjuster to your case. Their lawyer has already reviewed the driver’s record. They are building their defense while you’re reading this.
Don’t let them get away with it.
In Edwards County, when your neighbor’s combine hits you, you know them. You might be tempted to “work it out.” But when a commercial trucking company from Denver or Kansas City puts a dangerous driver on I-70, there is no working it out. There is only holding them accountable.
Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911). Ralph Manginello and Lupe Peña are ready to fight for you. We’ll answer in English or Spanish. We’ll come to you if you can’t come to us. And we won’t stop until you get every dime you deserve.
Because in Edwards County, your family deserves justice. And we’re here to deliver it.
Attorney911 serves trucking accident victims throughout Edwards County, Kansas, including Kinsley, Lewis, Belpre, and all communities along I-70, U.S. 56, K-96, and U.S. 50. Call 24/7/365. Hablamos Español.
