When an 80,000-pound grain truck loses control on a patch of black ice just outside LaMoure, or when an oilfield tanker rolls on the rural highways connecting your community to the Bakken, the devastation is instant—and the fight for justice starts before you even leave the hospital. At Attorney911, we’ve spent over 25 years standing between innocent victims and the trucking companies that want to minimize their suffering. Ralph Manginello, our managing partner since 1998, has built a reputation in federal courtrooms across the country for holding commercial carriers accountable when they put profit over safety. And here in LaMoure County, where winter blizzards can drop visibility to zero in minutes and agricultural traffic shares narrow county roads with heavy energy transport, that experience matters more than ever.
Why 18-Wheeler Accidents in LaMoure County Are Different
Think a truck crash is just a bigger car accident? Think again. In LaMoure County, where US Highway 281 and state routes like ND 13 carry everything from sunflower harvests to oilfield equipment, the physics and the law are fundamentally different than a fender-bender in downtown Fargo.
The Weight Disparity. A fully loaded semi can weigh 80,000 pounds—twenty times the weight of your family sedan. When that mass hits black ice on a rural LaMoure County road or rolls over on a tight corner near Edgeley, the force is catastrophic. Victims don’t just get “hurt”—they suffer traumatic brain injuries, spinal cord damage, and amputations that change their lives forever.
The Regulatory Maze. Trucking companies operating in North Dakota must follow strict Federal Motor Carrier Safety Administration (FMCSA) regulations—rules that car drivers never have to think about. These aren’t just guidelines; they’re federal law under 49 CFR Parts 390-399. When a grain hauler ignores hours-of-service limits to get wheat to market before a storm, or when an oilfield trucker skips a pre-trip inspection on a rig headed to the Bakken, they’re not just being careless—they’re violating federal safety standards that exist to protect families in LaMoure County.
The Rapid Response Teams. Here’s what most people in LaMoure County don’t know: within hours of a crash on a rural North Dakota highway, the trucking company has already dispatched investigators. They’re photographing the scene, downloading black box data from the cab, and coaching their driver on what to say. While you’re being treated at a local hospital or airlifted to Bismarck, they’re building a defense.
That’s why evidence preservation in LaMoure County trucking accidents isn’t just important—it’s urgent. Critical data from the truck’s Electronic Control Module (ECM) can be overwritten in 30 days. Dashcam footage often disappears within a week. And in North Dakota’s harsh climate, physical evidence at rural crash scenes can be buried by snow or washed away by spring thaw before you’ve even hired an attorney.
The FMCSA Regulations That Protect LaMoure County Families
Federal trucking regulations exist because without them, companies would push drivers to the brink of exhaustion and equipment to the edge of failure. When we investigate a crash on behalf of a LaMoure County client, we’re looking for violations of these specific federal mandates:
49 CFR Part 391 – Driver Qualification. Before a driver can legally operate an 18-wheeler on LaMoure County roads, they must have a valid Commercial Driver’s License (CDL), pass a federally mandated medical exam, and maintain a Driver Qualification File that proves they’re fit for duty. We’ve seen cases where trucking companies hired drivers with suspended licenses or failed to check medical histories that would have disqualified them from handling big rigs on icy North Dakota highways.
49 CFR Part 392 – Driving Rules. This section prohibits operating a commercial vehicle while fatigued, impaired, or distracted. It mandates that drivers adjust their speed for conditions—which in LaMoure County means slowing down when winter storms create whiteout conditions on US 281 or when spring rains flood low-lying areas near the James River Valley.
49 CFR Part 393 – Vehicle Safety & Cargo Securement. Those grain trucks you see heading to elevators in Kulm and Verona? They must secure their loads according to strict federal standards. Improperly secured cargo can shift, causing rollovers on rural curves. Worse, inadequate underride guards on trailers can turn a rear-end collision into a fatal tragedy when a passenger vehicle slides underneath.
49 CFR Part 395 – Hours of Service. This is the regulation most commonly violated in catastrophic crashes. Drivers cannot operate beyond 11 hours of driving time or 14 hours on duty without a 10-hour rest break. Yet during harvest season in LaMoure County, or when oilfield deadlines loom, companies pressure drivers to fudge their Electronic Logging Device (ELD) records. We subpoena these records immediately to prove violations that establish negligence.
49 CFR Part 396 – Inspection & Maintenance. North Dakota’s extreme temperature swings—from summer highs near 100°F to winter lows of -40°F—destroy truck components. Brake systems fail. Tire pressure drops. Hoses crack. Federal law requires systematic inspections, yet we’ve recovered millions for clients when trucking companies deferred maintenance to save money, sending unsafe vehicles onto LaMoure County roads.
The 10 Parties Who May Owe You Money
Unlike a simple car accident where usually only one driver is at fault, 18-wheeler crashes in LaMoure County often involve a web of liable parties. We don’t just sue the driver—we investigate every entity that contributed to the crash:
1. The Truck Driver. If the operator was speeding for conditions, texting while driving ( violating 49 CFR § 392.82), or driving while fatigued beyond federal limits, they’re personally liable. We pull their cell phone records and ELD data to prove it.
2. The Trucking Company (Motor Carrier). Under the legal doctrine of respondeat superior, employers answer for their employees’ negligence. But we also pursue direct negligence claims for:
- Negligent Hiring: Failing to verify CDL status or driving history
- Negligent Training: Sending drivers onto icy North Dakota roads without winter safety training
- Negligent Supervision: Ignoring ELD violations or previous crashes
- Negligent Maintenance: Failing to service brakes before winter
3. The Cargo Owner/Shipper. When a LaMoure County elevator overloads a grain truck to maximize profit, or when an energy company pressures a driver to haul overweight equipment to a fracking site, they share liability for crashes caused by shifting loads or brake failure.
4. The Loading Company. Third-party loaders who improperly distribute weight or fail to secure tarps over grain loads can cause rollovers on the curves near Ludden or Dickey.
5. Truck Manufacturers. If a defective braking system, faulty steering mechanism, or inadequate underride guard contributed to the crash, we pursue strict product liability claims against manufacturers.
6. Parts Manufacturers. Defective tires that blowout on hot summer highways, or brake components that fail in subzero winter conditions, create liability for parts makers.
7. Maintenance Companies. When third-party mechanics in Fargo or Bismarck perform shoddy repairs on trucks that later crash in LaMoure County, they’re liable for negligent maintenance.
8. Freight Brokers. These intermediaries arrange transport but often fail to verify carrier safety ratings. If they placed your load with a company known for hours-of-service violations, they’re liable for negligent selection.
9. The Truck Owner. In owner-operator situations, the individual who owns the tractor may have separate liability for negligent entrustment if they knew the driver was unqualified.
10. Government Entities. While North Dakota’s winter weather is unpredictable, dangerous road design—such as inadequate banking on curves or failure to warn of black ice conditions—can create liability for state or county agencies. Note: claims against government entities have strict notice requirements, so call us immediately at 1-888-ATTY-911.
The 48-Hour Evidence Emergency
If you’ve been hurt in a LaMoure County trucking accident, you’re facing a ticking clock. Here’s what’s happening right now while you read this:
- ECM/Black Box Data: The truck’s electronic brain records speed, braking, throttle position, and fault codes. This data can be overwritten in as little as 30 days—or sooner if the company puts the truck back on the road.
- ELD Logs: Electronic Logging Devices track whether the driver violated hours-of-service regulations. FMCSA only requires 6-month retention, but companies often delete sooner.
- Dashcam Footage: Many trucks have forward-facing and cab-facing cameras. This footage typically records over within 7-14 days.
- Witness Statements: Memories fade fast, especially when rural crashes occur far from immediate help and witnesses are scattered.
- Physical Evidence: North Dakota weather is unforgiving. Skid marks disappear under snow. Debris gets plowed away. Road conditions change hourly.
That’s why Attorney911 sends spoliation letters within 24 hours of being retained. This legal notice puts the trucking company on notice that they must preserve all evidence—or face sanctions, adverse jury instructions, and punitive damages for destruction. We don’t wait. We act.
As client Chad Harris told us after we handled his case, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” That’s the kind of urgent, personal attention we bring to LaMoure County families.
Catastrophic Injuries We See in LaMoure County Trucking Accidents
The agricultural and energy traffic on LaMoure County roads creates unique injury patterns. When a combine transport or oilfield service truck collides with a passenger vehicle, we commonly see:
Traumatic Brain Injury (TBI). The violent forces in truck crashes cause the brain to impact the skull, leading to concussions, cognitive impairment, and personality changes. Settlement ranges for moderate to severe TBI typically run from $1.5 million to $9.8 million, accounting for lifelong care and lost earning capacity.
Spinal Cord Injuries. Paraplegia and quadriplegia result when roofs crush or when victims are ejected during rollovers. These cases often settle for $4.7 million to $25.8 million due to the astronomical costs of wheelchairs, home modifications, and 24/7 attendant care.
Amputations. Crush injuries from underride accidents or rollovers on rural highways frequently require limb removal. Our amputation settlements range from $1.9 million to $8.6 million, ensuring clients can afford prosthetics and rehabilitation.
Severe Burns. When tanker trucks carrying oil or chemicals crash and ignite on US 281, victims suffer third and fourth-degree burns requiring skin grafts and reconstructive surgery.
Wrongful Death. When a trucking accident takes a loved one from a LaMoure County family, we pursue claims for lost income, loss of consortium, mental anguish, and funeral expenses. These cases typically range from $1.9 million to $9.5 million or more, depending on the circumstances.
As Glenda Walker, another client we helped, said: “They fought for me to get every dime I deserved.” That’s our commitment to you.
How North Dakota Law Affects Your LaMoure County Case
Statute of Limitations. In North Dakota, you have six years from the date of your trucking accident to file a personal injury lawsuit—one of the longest windows in the nation. However, for wrongful death claims, you have only two years from the date of death. But waiting is never advisable. Evidence disappears, witnesses move, and trucking companies build defenses.
Comparative Negligence. North Dakota follows a modified comparative negligence rule with a 50% bar. This means you can recover damages even if you were partially at fault, provided you were less than 50% responsible. If you’re found 20% at fault, your recovery is reduced by 20%. But if you’re 51% at fault, you recover nothing. The trucking company’s insurance adjusters will try to push fault onto you—especially in rural areas where crash reconstruction is complex. We fight back with ECM data and accident reconstruction experts.
Damages Caps. Unlike some states, North Dakota does not cap compensatory damages for personal injury cases. However, punitive damages are capped at the greater of two times compensatory damages or $250,000 (see Section C.4.5). Punitive damages require proving “willful misconduct” or “wanton disregard” for safety—something we pursue when trucking companies deliberately violate FMCSA regulations or destroy evidence.
The Insurance Reality: Why Trucking Companies Carry More Coverage
Federal law mandates that trucking companies carry minimum liability insurance far exceeding standard auto policies:
- $750,000 for general freight
- $1,000,000 for oil and hazardous materials
- $5,000,000 for certain hazmat and passenger transport
But here’s the secret the insurance companies don’t want LaMoure County residents to know: these policies are often stacked with umbrella coverage and excess layers. When we investigate a crash, we don’t just look at the primary policy—we identify every available pool of insurance, from the motor carrier’s coverage to the freight broker’s contingent liability policy.
Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm before joining Attorney911. He knows exactly how adjusters are trained to minimize claims, use “Colossus” software to lowball settlements, and pressure victims to accept quick offers before they understand the full extent of their injuries. As Lupe will tell you, “If this prevents harm to another person, that’s what we’re hoping to do. Enough is enough.”
That insider knowledge is your advantage when negotiating with insurers who think they can bully rural North Dakota families.
Common 18-Wheeler Accident Types in LaMoure County
While we handle every type of commercial vehicle crash, certain accidents are particularly common in our region:
Jackknife Accidents. When a truck’s cab and trailer fold into each other like a pocket knife, often due to braking too hard on ice or overcorrecting on US 281. These block rural highways and cause multi-car pileups.
Rollovers. North Dakota’s agricultural harvest sees overloaded grain trucks taking corners too fast in towns like Kulm and Edgeley. When the center of gravity shifts, these trucks roll, crushing anything in their path.
Underride Collisions. When a passenger vehicle slides under the trailer of a stopped or slow-moving truck—particularly dangerous on rural roads at night when visibility is limited and trucks may be moving slowly between fields.
Rear-End Collisions. With stopping distances of nearly two football fields at highway speeds, fatigued or distracted truckers often slam into stopped traffic at intersections or during sudden slowdowns caused by agricultural equipment.
Wide Turn Accidents. Large trucks swinging wide to make right turns can trap passenger vehicles in “squeeze play” scenarios, particularly at rural intersections without clear sight lines.
Tire Blowouts. Extreme North Dakota temperature fluctuations cause tire degradation. When a steer tire blows on an 18-wheeler traveling 65 mph on I-94 near LaMoure County, the driver often loses control entirely.
Brake Failure. Inadequate maintenance combined with steep grades and heavy loads leads to brake fade—a terrifying scenario where a truck cannot stop at the bottom of a hill.
What to Do After a Truck Accident in LaMoure County
If you or a loved one has been involved in an 18-wheeler crash in LaMoure County:
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Call 911 immediately. Rural accidents may require extended response times. Request medical help even if injuries seem minor—adrenaline masks pain, and traumatic brain injuries may not show symptoms for days.
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Document everything. Use your phone to photograph the truck’s DOT number, license plates, company logos, skid marks, road conditions, and your vehicle’s damage. Photograph the driver’s license and insurance card rather than just writing down information.
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Gather witness information. In rural areas, witnesses may be the only other drivers who stopped. Get their names, phone numbers, and observations immediately.
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Do not speak to the trucking company’s insurance adjuster. They will call you within hours. Refer them to your attorney. Anything you say—especially speculation about fault or minimizing your injuries—will be used against you.
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Seek medical attention immediately. Go to the emergency room in LaMoure or request transport to a trauma center in Jamestown or Bismarck if injuries are severe. Follow all doctor’s orders—gaps in treatment allow insurers to claim you’re not really hurt.
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Call Attorney911. Dial 1-888-ATTY-911 (1-888-288-9911) within 24 hours. We’ll send spoliation letters immediately to preserve black box data, ELD logs, and maintenance records before they disappear.
Frequently Asked Questions for LaMoure County Trucking Accident Victims
How long do I have to file a lawsuit in LaMoure County?
You have six years for personal injury, but only two years for wrongful death. However, critical evidence may be gone within weeks. Call 1-888-ATTY-911 immediately.
What if the truck driver says I caused the accident?
North Dakota uses comparative negligence. Even if you were partially at fault, you can recover if you were less than 50% responsible. We use ECM data and accident reconstruction to prove what really happened—not just what the truck driver claims.
Can I afford an attorney?
Absolutely. We work on a contingency fee basis—33.33% if settled pre-trial, 40% if you need us to take it to court. You pay nothing upfront. We advance all investigation costs. If we don’t win, you don’t pay. As Donald Wilcox, a client we helped, said: “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
Hablamos Español?
Sí. Associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Llame al 1-888-ATTY-911.
What if I was partially at fault?
Under North Dakota’s modified comparative negligence rule, your recovery is reduced by your percentage of fault, provided you’re not 50% or more responsible. So if you’re awarded $1 million but found 20% at fault, you receive $800,000.
Will my case go to trial?
Most cases settle, but we prepare every case as if it’s going to trial. Insurance companies offer better settlements when they know your lawyer has the resources and federal court experience to take them to verdict. Ralph Manginello has been doing exactly that since 1998.
How much is my case worth?
It depends on injury severity, medical costs, lost wages, and the degree of negligence. Commercial trucking cases often settle for significantly more than car accidents because of higher insurance limits and catastrophic injuries. We’ve recovered millions for clients with traumatic brain injuries, amputations, and wrongful death.
What if the trucking company is from out of state?
That’s common in North Dakota oilfield and agricultural transport. We have dual-state licensure (Texas and New York) and federal court admission, allowing us to pursue out-of-state defendants wherever they operate. Distance is never a barrier to justice.
Why LaMoure County Chooses Attorney911
When you’re recovering from a catastrophic injury in a rural North Dakota community, you need more than just a lawyer—you need a team that treats you like family while fighting like warriors.
Ralph Manginello brings 25+ years of experience and federal court admission to the Southern District of Texas. He’s gone toe-to-toe with Fortune 500 companies in major litigation like the BP Texas City Refinery explosion, which killed 15 workers and resulted in over $2.1 billion in industry-wide settlements.
Our firm has recovered over $50 million for clients, including:
- $5+ million for a traumatic brain injury victim struck by a falling log
- $3.8+ million for a client who suffered a partial leg amputation after a car accident
- $2.5+ million for trucking accident victims
- $2+ million for maritime and offshore injury cases
We’re currently litigating a $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity—a case that’s garnered national media attention and demonstrates our willingness to take on powerful institutions.
But numbers only tell part of the story. As Angel Walle told us: “They solved in a couple of months what others did nothing about in two years.” And Ernest Cano noted: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
With offices in Houston, Austin, and Beaumont, we serve clients across the United States, including right here in LaMoure County. We offer 24/7 availability because we know truck accidents don’t happen on business hours.
The Time to Act is Now
The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to blame you or minimize your claim. While you focus on healing, they’re focused on paying you as little as possible.
Don’t let them win. The evidence you need to prove your case—black box data, driver logs, maintenance records—is disappearing every day you wait.
Call Attorney911 now at 1-888-ATTY-911 (that’s 1-888-288-9911) or 888-ATTY-911 for a free, confidential consultation. There’s no fee unless we win, and we advance all costs. You’ve got nothing to lose and everything—your future, your family’s security, your peace of mind—to gain.
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
From our family to yours: We’re ready to fight for every dime you deserve. Let’s get started.
