18-Wheeler Accident Attorneys in Kidder County, North Dakota

When 80,000 Pounds of Steel Changes Your Life Forever

The roads of Kidder County know winter. When temperatures plummet to -40°F and black ice coats I-94, a fully loaded semi-truck becomes an unstoppable force. The physics are brutal—80,000 pounds of steel and cargo traveling at 65 mph needs nearly two football fields to stop on dry pavement. On ice? That distance doubles.

If you’re reading this, you or someone you love has already felt that impact. You’re facing medical bills that keep climbing. You’re wondering how to pay the mortgage while you can’t work. And somewhere out there, a trucking company has already called their lawyers to protect their profits.

We’re Attorney911, and we don’t think that’s right.

Ralph Manginello has spent over 25 years fighting for people just like you—families across North Dakota and beyond who’ve been devastated by commercial truck accidents. Our managing partner has gone toe-to-toe with Fortune 500 corporations, including BP in the Texas City refinery explosion litigation that killed 15 workers and injured 170 more. We’ve recovered multi-million dollar settlements for traumatic brain injury victims, amputees, and families who’ve lost everything to trucking company negligence.

And here’s your advantage: our associate attorney Lupe Peña used to work for insurance companies. He defended them. He knows exactly how they evaluate claims, how they train adjusters to minimize payouts, and when they’re bluffing. Now he uses that insider knowledge to fight for you.

In Kidder County, the trucking companies know the risks. They know about the whiteout conditions on the prairie, the oil field traffic heading to the Bakken, the harvest season rush when grain trucks crowd the highways. When they choose to put profits over safety—pushing drivers past federal hours limits, skipping brake inspections, overloading trailers—they need to pay for the damage they cause.

You have just six years to file a personal injury lawsuit in North Dakota, but waiting is dangerous. Black box data can be overwritten in 30 days. The trucking company’s rapid-response team has already started building their defense. You need someone moving just as fast on your side.

Call us now at 1-888-ATTY-911 or (888) 288-9911. We answer 24/7, and we don’t get paid unless you win.

Why Kidder County 18-Wheeler Accidents Are Different

Trucking accidents in Kidder County aren’t like crashes in Dallas or Denver. The unique geography and economy of central North Dakota create specific dangers that demand attorneys who understand local conditions.

The Bakken Oil Field Effect

While Kidder County sits east of the core Bakken formation, the energy ripple effects hit our roads hard. Oil field trucks—water haulers, fracking equipment, pipe carriers—traverse I-94 and local highways around the clock. These aren’t standard freight runs. They’re pressured schedules with drivers working grueling shifts, often pushing past federal hours-of-service limits to meet drilling deadlines.

The FMCSA requires strict compliance with 49 CFR Part 395—the hours-of-service regulations—but in the oil patch, violations are rampant. Drivers behind the wheel for 16, 18, sometimes 20 hours straight. When those trucks hit black ice on their way to or from the oil fields, the results are catastrophic.

Agricultural Rush Seasons

Kidder County sits in the heart of North Dakota’s wheat and sunflower territory. When harvest hits, the roads fill with grain trucks, combines on trailers, and agricultural equipment moving between fields. These aren’t professional trucking companies—often they’re farm operations pushing equipment to market or between sites.

Federal regulations under 49 CFR Part 390 still apply to these commercial operations, but compliance is spotty. Overloaded trailers, improper cargo securement violations under 49 CFR 393.100, and drivers without proper commercial licenses create deadly conditions on narrow county roads.

Winter Conditions That Kill

North Dakota winters are unforgiving. The National Weather Service reports wind chills reaching -60°F in Kidder County. When a trucker loses control on ice-covered I-94 or jackknifes on a rural county road during a whiteout, the isolated location means emergency response times stretch dangerously long.

The FMCSA requires drivers to adjust for weather conditions under 49 CFR 392.14—drivers must use extreme caution in hazardous conditions. But trucking companies pressure drivers to deliver on schedule regardless of the forecast. When they ignore storm warnings and your family pays the price, we hold them accountable.

The Attorney911 Advantage: Inside Knowledge That Wins Cases

Most personal injury firms treat truck accidents like big car crashes. That’s a mistake that costs victims millions.

Ralph Manginello founded Attorney911 in 1998 with a specific mission: to give everyday people the same caliber of legal representation that corporations use to protect themselves. With admission to the U.S. District Court for the Southern District of Texas and dual licensure in Texas and New York, Ralph brings federal court experience that matters when trucking cases cross state lines.

But credentials on paper don’t comfort you at 3 AM when the pain won’t let you sleep. That’s why our clients say things like Chad Harris did: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Or Glenda Walker, who told us: “They fought for me to get every dime I deserved.”

And Donald Wilcox, who came to us after another firm rejected his case: “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 Insurance Defense Secret Weapon

Here’s what makes us different from every other truck accident attorney in the Kidder County area: Lupe Peña, our associate attorney, spent years inside the insurance defense world. He knows the Colossus software they use to calculate “pain and suffering”—software designed to pay you less than you deserve. He knows that adjusters get bonuses for closing claims under reserve. He knows the exact moment when an insurance company will fold and when they’re bluffing.

We put that insider knowledge to work for you. While other attorneys guess at settlement values, we know exactly how the trucking company’s insurer will evaluate your claim—and how to pressure them into paying maximum value.

Federal Regulations That Protect You (When Trucking Companies Break Them)

The Federal Motor Carrier Safety Administration (FMCSA) creates detailed rules under Title 49 of the Code of Federal Regulations (49 CFR Parts 390-399). These laws exist specifically to prevent the type of accidents that change lives in Kidder County. When trucking companies violate these regulations, they create liability that strengthens your case significantly.

49 CFR Part 391: Driver Qualification Standards

Trucking companies cannot hire just anyone to drive an 80,000-pound rig. Under 49 CFR § 391.11, drivers must:

• Be at least 21 years old for interstate commerce
• Pass a physical examination every two years (49 CFR § 391.45)
• Hold a valid Commercial Driver’s License (CDL) with proper endorsements
• Pass a road test or provide equivalent certification
• Be able to read and speak English sufficiently to understand traffic signs and converse with the public

Most critically, trucking companies must maintain a Driver Qualification File (49 CFR § 391.51) for every driver. This file must include:

• The driver’s application and employment history for the past three years
• Annual motor vehicle record checks
• Medical examiner’s certificates
• Drug and alcohol test results

When we investigate your Kidder County truck accident, we subpoena these files immediately. If the trucking company hired a driver with a history of DUIs, reckless driving convictions, or prior accidents, that’s negligent hiring—and it makes them liable for your damages.

49 CFR Part 392: Driving of Commercial Motor Vehicles

This section contains the operational rules that keep our North Dakota highways safe. Critical violations we see constantly in Kidder County cases include:

Fatigued Driving (49 CFR § 392.3): No driver shall operate a commercial vehicle when their ability or alertness is impaired by fatigue, illness, or any other cause. In the brutal North Dakota winter, fatigue combined with whiteout conditions is a recipe for disaster.

Speeding for Conditions (49 CFR § 392.6): No motor carrier shall schedule a run that requires speeding to complete. On I-94 during a blizzard, this means the posted speed limit may still be too fast for safety.

Following Too Closely (49 CFR § 392.11): The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent. With 525-foot stopping distances for trucks on dry pavement, tailgating kills.

No Handheld Mobile Devices (49 CFR § 392.82): Truck drivers cannot use handheld cell phones while driving. Violations carry civil penalties up to $2,750 for drivers and $11,000 for employers.

49 CFR Part 393: Parts and Accessories for Safe Operation

This is where we find evidence of negligent maintenance—the leading cause of truck mechanical failures.

Brake Systems (49 CFR § 393.40-55): Every commercial vehicle must have properly functioning service brakes, parking brakes, and emergency brakes. In North Dakota’s extreme cold, air brake systems can freeze or malfunction if not properly maintained. We investigate maintenance records to find deferred brake repairs that lead to catastrophic failures.

Cargo Securement (49 CFR § 393.100-136): Cargo must be secured to prevent shifting, falling, or spilling. For agricultural loads common in Kidder County—grain, sunflowers, equipment—the specific tiedown requirements under § 393.102 must be followed. When a grain truck rolls over on a county road because the load shifted, we examine the securement equipment and loading procedures.

Tire Requirements (49 CFR § 393.75): Minimum tread depth is 4/32 for steer tires and 2/32 for other positions. In sub-zero temperatures, underinflated tires are prone to blowouts—what truckers call “road gators.” These debris pieces cause secondary accidents when cars swerve to avoid them.

49 CFR Part 395: Hours of Service (HOS)

This is the most commonly violated regulation in fatal truck accidents. The limits are strict:

• 11-Hour Driving Limit: Cannot drive more than 11 hours after 10 consecutive hours off-duty
• 14-Hour Duty Window: Cannot drive beyond the 14th consecutive hour after coming on duty
• 30-Minute Break: Must take a break after 8 cumulative hours of driving
• 60/70-Hour Weekly Limit: Cannot drive after 60 hours on-duty in 7 days or 70 hours in 8 days

Electronic Logging Devices (ELDs) automatically record this data under 49 CFR § 395.8. Since the December 2017 mandate, falsifying paper logs has become harder—but drivers and companies still find ways to cheat the system. The ELD data from a Kidder County crash can prove the driver was beyond legal limits when he slammed into your vehicle.

49 CFR Part 396: Inspection, Repair, and Maintenance

Trucking companies must systematically inspect and maintain their vehicles. Drivers must conduct pre-trip inspections (49 CFR § 396.13) and file written post-trip reports (49 CFR § 396.11) identifying any defects.

When a truck’s brakes fail on an icy downhill stretch of I-94, we immediately subpoena the maintenance records. If the company skipped inspections to keep the truck moving, that’s direct negligence under § 396.3.

Common 18-Wheeler Accident Types in Kidder County

Every Kidder County truck accident is unique, but we see recurring patterns based on our geography and industries. Understanding these patterns helps us prove liability and prevent future tragedies.

Jackknife Accidents on Icy Highways

A jackknife occurs when the trailer skids outward, folding at an angle to the cab like a pocket knife. On Kidder County’s frozen interstates and county roads, this is deadly common.

Why It Happens Here: Sudden braking on black ice, improper braking technique by inexperienced drivers, or empty/light trailers that lose traction easily in North Dakota winds. When a driver hits the brakes too hard on ice near Tappen or Dawson, the trailer swings across the median into oncoming traffic.

The Regulation Violation: 49 CFR § 393.48 prohibits brake system malfunctions. If improper brake adjustment contributed to the jackknife, the maintenance company and trucking company are liable.

Who’s Responsible: The driver for improper technique, the trucking company for inadequate training on winter driving, or the maintenance company for brake defects.

Underride Collisions: The Silent Killer

When a car slides under the trailer of an 18-wheeler—either from the rear or the side—the top of the passenger compartment is often sheared off. These accidents are almost always fatal or result in catastrophic brain injuries.

Why It Happens Here: Low visibility in snowstorms, sudden stops on I-94 when traffic slows for weather, or trucks parking overnight on dark rural roads without proper lighting.

The Regulation Violation: 49 CFR § 393.86 requires rear impact guards on trailers manufactured after January 26, 1998. However, these guards often fail in real-world crashes. Side underride guards aren’t federally mandated yet, though proposed FMCSA rules may change that.

Who’s Responsible: The trucking company for inadequate underride protection, the trailer manufacturer for defective guards, or the driver for improper stopping in a travel lane.

Rollover Accidents on County Roads

Kidder County’s agricultural economy means narrow county roads that weren’t designed for modern semi-trucks. When a truck takes a curve too fast—often with a load of grain or equipment—the high center of gravity causes the vehicle to roll.

Why It Happens Here: Speeding on rural roads, improperly distributed cargo (heavy grain loads shifting), or drivers unfamiliar with North Dakota’s tight county road layouts.

The Regulation Violation: 49 CFR § 393.100 requires cargo securement that prevents shifting affecting stability. The Performance Criteria require cargo securement systems to withstand 0.8g deceleration forward, 0.5g rearward, and 0.5g lateral forces.

Who’s Responsible: The driver for excessive speed, the loading company for improper weight distribution, or the trucking company for route planning that sent an oversized vehicle onto inappropriate roads.

Tire Blowouts in Extreme Cold

North Dakota’s temperature swings—from summer highs near 90°F to winter lows of -40°F—destroy tires. When a steer tire blows on an 80,000-pound truck traveling 75 mph on I-94, the driver often loses control.

Why It Happens Here: Extreme cold reduces tire pressure (1 PSI drop per 10°F), making underinflation common in winter. Summer heat causes blowouts on agricultural equipment hauls during harvest.

The Regulation Violation: 49 CFR § 393.75 mandates minimum tread depths and prohibits tires with exposed belt material. 49 CFR § 396.13 requires pre-trip tire inspections.

Who’s Responsible: The maintenance company for using worn tires, the driver for ignoring low pressure warnings, or the tire manufacturer for defective products.

Brake Failure on Downhill Grades

While Kidder County doesn’t have mountain passes, the rolling prairie creates deceptive downhill stretches that generate brake heat. Combined with the weight of oil field equipment or grain loads, brake fade becomes a deadly risk.

Why It Happens Here: Overheated brakes on long descents, especially when trucks exit I-94 onto secondary roads with stop signs at the bottom of hills.

The Regulation Violation: 49 CFR § 393.40 requires adequate braking systems. 49 CFR § 396.3 mandates systematic inspection and maintenance.

Who’s Responsible: The trucking company for deferred maintenance, the brake manufacturer for defective components, or the driver for improper braking technique (riding brakes instead of using engine retarders).

Wide Turn Accidents in Small Towns

When trucks navigate tight corners in Kidder County communities like Steele or Tuttle, they must swing wide. Passenger vehicles often get caught in the “squeeze play” when they try to pass on the right.

Why It Happens Here: Narrow main streets in rural North Dakota towns weren’t designed for modern 53-foot trailers.

The Regulation Violation: 49 CFR § 392.11 prohibits unsafe lane changes. State traffic laws govern right-of-way in turns.

Who’s Responsible: The truck driver for failing to signal or check mirrors, the trucking company for routing oversized vehicles through inappropriate streets, or the municipality for inadequate signage.

The 10 Liability Layers: Who Pays for Your Damages

Kidder County truck accidents often involve multiple liable parties—each with separate insurance policies. We investigate every potential defendant to maximize your recovery. Under North Dakota’s modified comparative negligence rule, you can recover damages as long as you’re less than 50% at fault, though your recovery is reduced by your percentage of fault.

1. The Truck Driver

The individual behind the wheel is the obvious first defendant. We investigate their driving record, CDL status, medical certifications, and hours-of-service compliance. Cell phone records may prove distraction. Post-accident drug and alcohol testing under 49 CFR Part 382 may reveal impairment.

Liability Theory: Direct negligence for traffic violations, FMCSA violations, or impairment. Respondeat superior makes the employer liable for employee negligence within the scope of employment.

Insurance: The driver’s personal auto policy (if they were off-duty), the trucking company’s liability policy ($750,000 minimum for non-hazmat, up to $5 million for hazmat).

2. The Trucking Company/Motor Carrier

This is often the primary recovery source. Trucking companies carry substantial liability insurance, and they’re responsible for their drivers’ actions.

Liability Theories:

• Respondeat Superior: Employers are liable for employees’ negligent acts within the scope of employment
• Negligent Hiring: Failure to check the driver’s background, criminal history, or driving record
• Negligent Training: Inadequate winter driving training for North Dakota conditions
• Negligent Supervision: Ignoring ELD violations or driver complaints
• Negligent Maintenance: Systematic failure to maintain vehicles per 49 CFR Part 396

Insurance: Commercial general liability, motor carrier liability ($750K-$5M), umbrella policies ($5M-$25M+).

3. The Cargo Owner/Shipper

When a load of North Dakota wheat or oil field equipment causes a crash, the entity that arranged the shipment may be liable.

Liability Theories:

• Improper Loading Instructions: Requiring loading that makes the truck unstable
• Failure to Disclose Hazards: Not warning about hazardous materials
• Overweight Loading: Exceeding federal weight limits under 49 CFR § 658
• Pressure to Expedite: Demanding delivery schedules that force HOS violations

Insurance: Shipper’s liability policies, cargo insurance.

4. The Loading Company

Third-party loaders at grain elevators or oil field sites must secure cargo properly.

Liability Theories:

• 49 CFR § 393.100 Violations: Inadequate tiedowns—aggregate working load limit must be at least 50% of cargo weight
• Improper Distribution: Loading heavy items high or to one side
• Failure to Use Dunnage: Not using blocking, bracing, or friction mats to prevent movement

Insurance: Loading company’s general liability, professional liability.

5. The Truck/Trailer Manufacturer

When mechanical defects cause crashes—brake failures, steering defects, tire blowouts—the manufacturer may be liable under product liability law.

Liability Theories:

• Design Defect: Inherent flaw in the vehicle’s safety systems
• Manufacturing Defect: Error during assembly or production
• Failure to Warn: Inadequate warnings about vehicle limitations in extreme cold

Insurance: Product liability coverage ($1M-$10M+), corporate assets.

6. The Parts Manufacturer

Individual component failures—faulty brake lines, defective tires, malfunctioning coupling devices—create liability for the part maker.

Liability Theories: Strict products liability for defective components that cause crashes.

Insurance: Component manufacturer liability policies.

7. The Maintenance Company

Third-party mechanics who work on commercial trucks have a duty to perform repairs correctly.

Liability Theories:

• Negligent Repair: Failing to properly fix known issues
• Improper Brake Adjustment: Violating 49 CFR § 393.52 air brake requirements
• Use of Substandard Parts: Installing non-compliant components

Insurance: Garagekeepers liability, professional liability.

8. The Freight Broker

Brokers who arrange trucking contracts have a duty to hire safe carriers.

Liability Theories:

• Negligent Selection: Choosing a carrier with poor safety ratings or inadequate insurance
• Failure to Verify: Not checking the carrier’s FMCSA safety rating or insurance status

Insurance: Contingent cargo liability, errors and omissions.

9. The Truck Owner (If Different from Carrier)

In owner-operator situations, the individual who owns the tractor may have separate liability from the company leasing it.

Liability Theories:

• Negligent Entrustment: Allowing an unqualified driver to operate the vehicle
• Maintenance Failures: Owner responsible for specific maintenance items

Insurance: Owner-operator physical damage, bobtail liability.

10. Government Entities

When crashes result from dangerous road conditions—improperly banked curves, lack of guardrails, or inadequate signage—the state or county may share liability.

Liability Theories:

• Dangerous Road Design: Inadequate safety features for heavy truck traffic
• Failure to Maintain: Potholes, ice, or debris causing loss of control
• Improper Work Zones: Inadequate barriers during construction

Special Considerations: Claims against North Dakota government entities have strict notice requirements and damage caps. The North Dakota Tort Claims Act requires written notice within 180 days of the incident.

The 48-Hour Evidence Race: Why Immediate Action Saves Cases

Kidder County is isolated. When a truck crashes on a rural road outside Steele or along I-94 near Dawson, emergency response times are long. But while you’re waiting for the ambulance, the trucking company has already dispatched their rapid-response team.

Within two hours of a serious truck accident, the carrier’s insurer has likely hired a defense attorney and an accident reconstructionist. They’re taking photos, downloading ECM data, and coaching the driver on what to say. Their goal is to minimize your claim before you even know the extent of your injuries.

We fight back with our own 48-hour protocol. When you call 1-888-ATTY-911, we immediately send preservation letters (spoliation notices) to every potentially liable party. These letters create a legal duty to preserve evidence—and destroy that evidence after receiving the letter can result in severe court sanctions.

Critical Evidence That Disappears Fast

Electronically Controlled Module (ECM) Data: Your truck’s “black box” records speed, brake application, throttle position, and fault codes in the seconds before impact. Most ECMs overwrite this data within 30 days—or immediately if the vehicle is driven again.

Electronic Logging Device (ELD) Records: Since December 2017, federal law requires ELDs that track hours of service. FMCSA only requires carriers to retain these for six months, and some systems overwrite sooner.

Dashcam Footage: Forward-facing and cab-facing cameras show exactly what the driver was doing. Most systems auto-delete within 7-14 days unless manually preserved.

Driver Qualification Files: Employment records, medical certificates, and previous employment verification. If the driver is fired post-accident, some companies “lose” these files.

Physical Evidence: The truck itself may be repaired or sold. Skid marks wash away in North Dakota’s spring rains. Debris gets cleaned up within hours.

Witness Statements: Memories fade. The driver of the pickup behind you who saw the whole thing—his recollection gets less reliable every day.

What We Preserve Immediately

Our spoliation letters demand preservation of:

1. Engine Control Module (ECM) data and Event Data Recorder (EDR) downloads
2. Electronic Logging Device (ELD) records for the 6 months prior to the accident
3. GPS and telematics data showing route history and speed
4. Maintenance records for the past year (brake inspections, tire replacements, repair orders)
5. Driver Qualification File (application, background check, medical certs, training records)
6. Dispatch records showing schedule pressure and communications
7. Cell phone records to prove distracted driving
8. Drug and alcohol test results from post-accident testing
9. In-cab video from dashcams or recording systems
10. Cargo documentation (bills of lading, weight tickets, loading manifests)

Under North Dakota law, willful destruction of evidence after receiving a spoliation letter can result in adverse inference instructions—the jury will be told to assume the destroyed evidence was unfavorable to the trucking company. In extreme cases, courts may enter default judgment against the spoliator.

Don’t give them time to hide the evidence. Call 1-888-ATTY-911 the same day as your accident.

Catastrophic Injuries: The True Cost of Trucking Accidents

The size differential between an 18-wheeler and a passenger vehicle—80,000 pounds versus 4,000 pounds—means that truck accidents rarely result in minor injuries. In Kidder County’s rural setting, where Level I trauma centers are hours away, even survivable injuries can become life-threatening due to delayed treatment.

We’ve recovered settlements ranging from $1.5 million to $9.8 million for traumatic brain injury victims, $1.9 million to $8.6 million for amputees, and $1.9 million to $9.5 million for wrongful death cases. While no amount of money restores what you’ve lost, adequate compensation provides access to the best medical care and financial security for your family.

Traumatic Brain Injury (TBI)

The forces involved in a truck collision—sudden deceleration from 70 mph to zero, rotational impacts, coup-contrecoup injuries—cause brain trauma even without direct head strikes.

Symptoms: Headaches that won’t resolve, memory loss, personality changes, difficulty concentrating, mood swings, sleep disturbances, and cognitive deficits that may not appear for weeks.

Long-term Impact: Many TBI victims cannot return to their previous employment. Relationships suffer when the injured person is no longer the same spouse or parent. North Dakota’s harsh winters create additional challenges for TBI survivors who may have balance or temperature regulation issues.

Settlement Range: $1,548,000 – $9,838,000+ depending on severity and long-term care needs.

Spinal Cord Injuries

When the force of a truck impact compresses or severs the spinal cord, the result is often paraplegia (lower body paralysis) or quadriplegia (paralysis from the neck down).

Economic Impact: Lifetime care costs for a 25-year-old quadriplegic can exceed $5 million. This includes wheelchairs ($25,000+), home modifications ($100,000+), vehicle adaptations ($50,000+), and 24-hour care assistance.

Non-economic Damages: Loss of enjoyment of life, inability to participate in outdoor activities central to North Dakota culture (hunting, fishing, snowmobiling), and loss of consortium.

Settlement Range: $4,770,000 – $25,880,000+ for paralysis cases.

Amputations

Crush injuries from underride accidents or rollover crashes often require surgical amputation. The initial surgery is just the beginning—phantom limb pain, prosthetic fittings (needing replacement every 3-5 years), and relearning basic motor functions consume years of recovery.

Settlement Range: $1,945,000 – $8,630,000 depending on the limb and level of amputation.

Severe Burns

Fuel fires from ruptured tanks, particularly in oil field truck accidents, cause devastating thermal and chemical burns covering large percentages of the body.

Treatment: Multiple skin grafts, reconstructive surgeries, and pain management that may extend for years. The psychological trauma of disfigurement is profound.

Wrongful Death

When a Kidder County truck accident takes a loved one, North Dakota law allows the personal representative of the deceased’s estate to bring a wrongful death action (N.D.C.C. § 32-21-01). You have two years from the date of death to file—shorter than the six-year personal injury statute.

Damages Available:

• Lost income and employment benefits the deceased would have earned
• Loss of consortium (spousal companionship, parental guidance)
• Mental anguish and grief of surviving family members
• Funeral and burial expenses
• Medical expenses incurred before death
• Pre-death conscious pain and suffering of the decedent

Punitive Damages: North Dakota caps punitive damages at the greater of two times compensatory damages or $250,000 (N.D.C.C. § 32-03.2-11). However, we pursue these when trucking companies show willful disregard for safety—falsifying logs, hiring known dangerous drivers, or ignoring maintenance schedules.

North Dakota Law: Your Rights as a Truck Accident Victim

Understanding North Dakota’s specific legal landscape helps you make informed decisions about your case.

Statute of Limitations

Personal Injury: Six years from the date of injury (N.D.C.C. § 28-01-16). This is one of the longest windows in the nation—but waiting still endangers your case as evidence disappears.

Wrongful Death: Two years from the date of death (N.D.C.C. § 32-21-03).

Property Damage: Six years from the date of damage.

Comparative Negligence: The 50% Bar Rule

North Dakota follows a modified comparative negligence system with a 50% bar (N.D.C.C. § 32-03.2-02). This means:

• If you’re 0% at fault, you recover 100% of damages
• If you’re 25% at fault, you recover 75% of damages
• If you’re 49% at fault, you recover 51% of damages
• If you’re 50% or more at fault, you recover nothing

The trucking company and their insurer will try to shift blame to you—claiming you were speeding for conditions, following too closely, or failed to yield. We combat this with ECM data, ELD records, and accident reconstruction that proves the truck driver’s negligence was the primary cause.

Damage Caps and Available Compensation

Economic Damages: No caps. You can recover the full amount of medical bills, lost wages, and future care costs proven with reasonable certainty.

Non-economic Damages: No statutory caps exist for general personal injury cases in North Dakota (unlike medical malpractice which has a $500,000 limit).

Punitive Damages: Capped at the greater of two times compensatory damages or $250,000. We pursue these when we find evidence of gross negligence—trucking companies that knowingly put dangerous drivers on the road or falsified maintenance records.

Insurance Coverage in Trucking Accidents: Accessing the Policy Limits

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies:

Many carriers carry umbrella policies of $5 million or more. However, accessing these funds requires proving liability and damages to the insurance company’s satisfaction—or convincing a jury if they won’t settle fairly.

The MCS-90 Endorsement: This is a critical protection for Kidder County accident victims. Required for interstate carriers, the MCS-90 endorsement guarantees that the insurance company will pay minimum damages to any injured party, regardless of whether the specific accident falls within policy exclusions. Even if the driver was violating the policy terms, the MCS-90 ensures you can recover at least the federal minimums.

Underinsured/Uninsured Coverage: If the truck driver lacks adequate insurance, your own auto policy’s UM/UIM coverage may apply. North Dakota requires insurers to offer UM/UIM coverage equal to liability limits, though you can reject it in writing.

Frequently Asked Questions: Kidder County 18-Wheeler Accidents

1. The trucking company’s insurance adjuster wants a recorded statement. Should I give it?

No. Never give a recorded statement to the trucking company’s insurance without an attorney present. Adjusters are trained to ask questions that minimize your injuries or get you to admit fault. As client Kiimarii Yup told us after we handled her case, having an attorney meant she didn’t have to worry about saying the wrong thing to insurance.

2. How much is my Kidder County truck accident case worth?

Every case is unique. Factors include the severity of your injuries, whether you can return to work, the clarity of liability, and the insurance coverage available. We’ve recovered settlements ranging from thousands for minor injuries to millions for catastrophic cases. During your free consultation, we’ll give you an honest assessment based on similar cases we’ve handled.

3. What if I was partially at fault for the Kidder County truck accident?

Under North Dakota’s modified comparative fault rule, you can recover damages as long as you’re less than 50% at fault. Your recovery is reduced by your percentage of fault. If you’re 30% at fault and have $100,000 in damages, you recover $70,000. We investigate thoroughly to minimize any fault attributed to you.

4. How long do I have to file a lawsuit in North Dakota?

Six years for personal injury claims, two years for wrongful death. But waiting is dangerous. Call 1-888-ATTY-911 within 48 hours so we can preserve critical evidence before it disappears.

5. Who can sue for wrongful death in a Kidder County truck accident?

North Dakota law allows the personal representative of the deceased’s estate to file the lawsuit. The recovery goes to the surviving spouse, children, parents, or other dependents. If there’s no personal representative, the surviving spouse or child may file directly.

6. What is a spoliation letter, and why does my attorney need to send one immediately?

A spoliation letter is a formal legal notice requiring the trucking company to preserve all evidence related to the crash—ECM data, maintenance records, driver files, etc. Under North Dakota law, destroying evidence after receiving this letter can result in sanctions or adverse inference instructions at trial.

7. Can I sue the trucking company if the driver was an independent owner-operator?

Yes. Owner-operators often lease onto larger carriers. The trucking company may be vicariously liable for the driver’s negligence, or directly liable for negligent hiring if they failed to verify the driver’s safety record. We investigate all corporate relationships to find every available insurance policy.

8. What if the truck driver was from another state or Canada?

Interstate commerce falls under federal jurisdiction. Attorney911 has federal court admission (Southern District of Texas) and can pursue cases across state lines. For Canadian drivers, we work with counsel in the appropriate jurisdiction to ensure you can recover damages.

9. How do I pay for medical treatment while waiting for my settlement?

We work with medical providers who accept letters of protection (LOPs)—meaning they treat you now and get paid from your settlement later. This ensures you get the care you need without upfront costs. As client Angel Walle said, “They solved in a couple of months what others did nothing about in two years.”

10. What if the trucking company or their insurer denies my claim?

We litigate. Insurance companies deny valid claims hoping you’ll go away. With over 25 years of experience, including litigation against BP and major corporations, we’re not intimidated by denial letters. We file lawsuits, conduct discovery, and take cases to trial when necessary.

11. How do you prove the truck driver was fatigued?

We subpoena ELD records showing hours of service violations, dispatch records showing unreasonable scheduling, and witness testimony about the driver’s behavior. FMCSA regulations limit driving to 11 hours after 10 hours off-duty. Violating these rules creates automatic liability for the trucking company.

12. What if bad weather contributed to the Kidder County accident?

Truck drivers are required by 49 CFR § 392.14 to use extreme caution in hazardous conditions. If the driver continued operating during a blizzard or ice storm when conditions made driving unsafe, they’re liable regardless of the weather. Trucking companies can’t use “act of God” defenses when their driver chose to stay on the road.

13. Can I recover for PTSD after a truck accident?

Yes. PTSD is a recognized injury under North Dakota law. You can recover damages for mental anguish, emotional distress, and the cost of psychological treatment. Documentation from mental health professionals is essential.

14. What if the truck was carrying hazardous materials?

Hazmat trucks must carry $5 million in insurance under federal law. These cases often involve the Department of Transportation and Environmental Protection Agency. We have experience with complex industrial accident litigation, including the BP refinery explosion, positioning us to handle these sophisticated cases.

15. Should I accept the insurance company’s first settlement offer?

Absolutely not. First offers are typically 10-20% of what your case is actually worth. The insurer hopes you’ll accept before you know the full extent of your injuries or consult an attorney. As client Glenda Walker told us, we fight for “every dime you deserve”—not the quick lowball offer.

16. How long will my Kidder County truck accident case take?

Simple cases with clear liability may settle in 6-12 months. Complex cases involving catastrophic injuries, multiple defendants, or disputed liability may take 18-36 months. We work to resolve cases efficiently while maximizing your recovery.

17. What makes Attorney911 different from other law firms handling truck accidents?

Three things: First, Ralph Manginello’s 25+ years of experience and federal court admission. Second, Lupe Peña’s insider knowledge of insurance defense tactics. Third, our commitment to treating you like family, not a case number. Client Chad Harris said it best: “You are FAMILY to them.”

18. Do you handle cases in Spanish?

Sí. Hablamos Español. Lupe Peña and our staff provide fluent Spanish representation without interpreters. If you or a family member speaks Spanish as a primary language, we ensure clear communication throughout your case. Llame al 1-888-ATTY-911.

19. What if I can’t come to your office in Houston?

We handle Kidder County cases remotely and travel to North Dakota when necessary for depositions and court appearances. With offices in Houston, Austin, and Beaumont, we have the resources to represent clients nationwide, but we give you the personal attention of a local firm.

20. What evidence should I collect at the accident scene if I’m able?

Photograph everything: all vehicles involved (damage and undamaged areas), the truck’s DOT number and license plates, skid marks, road conditions, weather, traffic signs, and your injuries. Get contact information from witnesses. But if you’re seriously injured, focus on medical treatment—we’ll gather evidence later.

Ready to Fight for What You Deserve?

The trucking company has lawyers. Their insurance company has adjusters. They have teams dedicated to paying you as little as possible.

You need someone fighting just as hard for you.

In over 25 years of practice, Ralph Manginello has secured multi-million dollar settlements for families devastated by trucking accidents. We’ve taken on the largest corporations in the world—BP, Walmart, Amazon—and won. We know the FMCSA regulations inside and out. We know how to download ECM data before it disappears. We know how to prove the trucking company put profits over your safety.

And we know what you’re going through. The pain. The fear. The uncertainty about tomorrow.

You don’t pay unless we win. It’s that simple. We advance all costs, hire the experts, and do the work. If we don’t recover money for you, you owe us nothing.

The statute of limitations in North Dakota gives you six years for personal injury claims, but the evidence you need vanishes in days. Black box data overwrites in 30 days. The truck gets repaired. Witnesses move away.

Don’t wait. Don’t let them get away with it.

Call Attorney911 now: 1-888-ATTY-911 (888-288-9911)