Lincoln County 18-Wheeler Accident Attorneys
When 80,000 Pounds Changes Everything: Your Fight Starts Now
One moment you’re driving to work on the frozen roads of southwestern Minnesota. The next, an 80,000-pound semi-truck is jackknifing across the highway, or a tired driver is drifting into your lane on I-90, or a poorly secured load is spilling onto US-14 near Ivanhoe. In that instant, your life changes forever.
We don’t have to tell you how dangerous trucking is in Lincoln County. You’re already living it. Every winter, when the ice storms roll across the prairie and the wind whips snow across Highway 75, the risk multiplies. Every harvest season, when grain trucks and livestock haulers crowd the rural roads around Lake Benton, the danger intensifies. And every single day, when commercial trucks barrel through our communities on their way to Sioux Falls or the Twin Cities, your family’s safety hangs in the balance.
If you’ve been hurt in an 18-wheeler accident anywhere in Lincoln County—or if you’ve lost a loved one to a commercial truck crash—you need more than just a lawyer. You need a team that understands the brutal physics of these collisions, the complex web of federal regulations governing the trucking industry, and the specific challenges of litigating in Minnesota’s court system. You need Attorney911.
For over 25 years, Ralph Manginello has fought for victims of catastrophic trucking accidents across the Upper Midwest. Our team includes Lupe Peña, a former insurance defense attorney who spent years on the inside learning exactly how trucking companies minimize claims—now he uses that knowledge to fight for you. We’ve recovered millions for families devastated by 18-wheeler crashes, including multi-million dollar settlements for traumatic brain injuries, spinal cord damage, and wrongful death.
And we know Lincoln County. We understand that a trucking case here isn’t like a case in Houston or Chicago. It’s different when the accident happens on a rural county road near Tyler, or when the nearest trauma center is hours away in Sioux Falls, or when winter weather turns a simple rear-end collision into a multi-vehicle pileup. We get it. And we’re ready to fight for you.
Call 1-888-ATTY-911 right now. The clock started ticking the moment that truck hit you.
Why 18-Wheeler Accidents in Lincoln County Are Different
The Physics of Devastation
Your car weighs about 4,000 pounds. A fully loaded semi-truck can weigh up to 80,000 pounds. That’s not just a size difference—that’s a fundamental difference in the laws of physics. When that much mass hits you at highway speed, the kinetic energy transferred is catastrophic.
In Lincoln County, this reality is compounded by our geography. US Highway 14 and Highway 75 serve as major freight corridors connecting the agricultural heartland of southwest Minnesota to regional distribution centers. These aren’t wide, forgiving interstates with runaway truck ramps and emergency pullouts. These are often two-lane highways with soft shoulders, limited sightlines, and nowhere to go when a 53-foot trailer starts to drift.
The stopping distance alone tells the story. At 65 mph on dry pavement, a passenger car needs roughly 300 feet to stop. An 80,000-pound truck needs nearly 530 feet—that’s almost two football fields. Now add black ice, the kind that forms on Lincoln County roads when temperatures drop below zero and the wind blows across the frozen fields. That stopping distance doubles. Triples. And when a driver is fatigued from hauling livestock from Brookings to Marshall, or rushing to beat a delivery deadline to the Target distribution center in the Twin Cities, reaction times slow to a crawl.
As client Kiimarii Yup told us after we handled his case, “I lost everything… my car was at a total loss, and because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return plus a brand new truck.” We don’t just handle cases—we rebuild lives.
Federal Regulations That Protect You (When Trucking Companies Break Them)
Every commercial truck operating in Lincoln County is governed by strict Federal Motor Carrier Safety Administration (FMCSA) regulations. These aren’t suggestions—they’re federal law, codified in Title 49 of the Code of Federal Regulations (49 CFR), and when trucking companies violate them, they create liability that can lead to massive recoveries.
Hours of Service (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 after coming on duty. They must take a 30-minute break after 8 cumulative hours of driving. Yet time and again, we see drivers pushing through these limits, especially during harvest season or when hauling time-sensitive loads to the Port of Duluth-Superior. Fatigue is a factor in nearly 31% of fatal truck crashes, and ELD (Electronic Logging Device) data proves when drivers violate these limits.
Driver Qualification (49 CFR Part 391): Before a driver can even touch the wheel of a commercial vehicle, the trucking company must verify their qualifications through a Driver Qualification File. This includes verifying their CDL, conducting background checks, reviewing their motor vehicle record, ensuring they pass a physical exam (49 CFR § 391.41), and conducting drug and alcohol testing (49 CFR Part 382). When trucking companies cut corners on hiring—bringing on drivers with suspended licenses, histories of DUIs, or medical conditions that impair driving—they commit negligent hiring, and we hold them accountable.
Vehicle Maintenance (49 CFR Part 396): The trucking company must systematically inspect, repair, and maintain their fleet. Drivers must conduct pre-trip inspections (49 CFR § 396.13) and submit post-trip reports (49 CFR § 396.11) documenting any defects. Brake systems must meet specific standards (49 CFR § 393.40-55). Tires must maintain minimum tread depth—4/32″ for steer tires (49 CFR § 393.75). When companies defer maintenance to save money, brakes fail, tires blow, and people die. In the brutal cold of a Lincoln County winter, these failures are even more deadly.
Cargo Securement (49 CFR § 393.100-136): Loads must be secured to withstand 0.8g deceleration forces forward, 0.5g rearward, and 0.5g laterally. When livestock haulers or grain trucks don’t properly secure their loads on the winding roads near Pipestone, or when flatbeds hauling equipment to agricultural operations don’t use adequate tiedowns, the results are rollovers and cargo spills that shut down highways and destroy lives.
Our managing partner, Ralph Manginello, brings over 25 years of experience dissecting these regulations. Since 1998, he’s built cases proving that trucking companies prioritized profit over safety. When we find FMCSA violations in your case—and we almost always do—we use them to prove negligence and pursue punitive damages.
Minnesota Law: Know Your Rights in Lincoln County
The Statute of Limitations: Don’t Wait
In Minnesota, you have two years from the date of your trucking accident to file a personal injury lawsuit (Minnesota Statutes § 541.05). For wrongful death claims, the limit is three years from the date of death (Minnesota Statutes § 573.02).
But waiting even a month is a mistake. Evidence disappears fast in Lincoln County. Black box data from the truck’s ECM (Engine Control Module) can be overwritten within 30 days. Dashcam footage often deletes automatically within days. Witness memories fade, especially when winter weather obscures the details of a crash scene. And trucking companies have rapid-response teams—lawyers and investigators who descend on the accident site within hours to protect their interests.
We send spoliation letters immediately—within 24 hours of being retained. These legal notices demand preservation of ELD logs, driver qualification files, maintenance records, drug test results, and the physical truck itself. Once that letter hits their desk, destroying evidence becomes spoliation, punishable by court sanctions and adverse inference instructions (where the jury is told to assume the destroyed evidence was unfavorable to the trucking company).
Comparative Fault in Minnesota: You Can Still Recover
Minnesota follows a modified comparative negligence rule with a 51% bar (Minnesota Statutes § 604.01). This means you can recover damages as long as you are not more than 50% at fault. If you are found partially responsible—say, 20% at fault—your recovery is reduced by that percentage. But if the trucking company tries to blame you entirely, and we prove they were even slightly more responsible, you can still recover.
This matters in Lincoln County, where winter weather often complicates fault determinations. Maybe you were driving the speed limit on Highway 14 when a truck lost control on black ice. Maybe you were stopped at a red light in Ivanhoe when an exhausted driver rear-ended you. The trucking company and their insurer will try to blame the weather, the roads, or you. We fight back with data—ECM records showing the truck was going too fast for conditions, ELD logs showing the driver exceeded hours of service limits, or maintenance records showing bald tires.
Unlike neighboring North Dakota, Minnesota places no caps on non-economic damages like pain and suffering in personal injury cases. And while Minnesota once had limits on punitive damages, recent legal developments have opened the door for significant punitive awards when trucking companies act with deliberate disregard for safety. When we find smoking guns—like falsified logbooks, ignored maintenance schedules, or drivers with known substance abuse problems who were kept on the road—we pursue every dollar available.
The 48-Hour Rule: Evidence Preservation in Lincoln County Trucking Accidents
The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. Their rapid-response team may already be at the scene, photographing the truck from angles that minimize damage, interviewing witnesses before police arrive, and downloading the black box before law enforcement can seize it.
You need someone moving just as fast.
Within 48 hours of a trucking accident in Lincoln County, we:
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Deploy to the scene: We visit the accident location on Highway 75, US-14, or wherever the crash occurred. We photograph tire marks, debris patterns, road conditions, and sightlines. We identify surveillance cameras at nearby businesses—the gas station in Tyler, the grain elevator in Lake Benton, the farm supply store outside of Ivanhoe—that might have captured the crash or the truck’s behavior before the crash.
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Preserve electronic evidence: We send immediate spoliation demands to preserve ECM data, ELD logs, GPS tracking, and dashcam footage. This data proves speed, braking, following distance, and hours of service compliance.
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Secure the truck: We demand the trucking company preserve the vehicle in its post-crash condition, preventing repairs that would destroy evidence of brake failure, tire defects, or structural issues.
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Interview witnesses: We track down the other drivers who saw the truck swerve on the ice, the farmer who watched the driver rush through a pre-trip inspection, or the dock worker who heard the driver admit he was running late.
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Analyze the driver: We subpoena the Driver Qualification File, uncovering previous accidents, failed drug tests, medical conditions, and training gaps.
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 treat your case with the urgency it deserves because we know what’s at stake.
Types of 18-Wheeler Accidents We Handle in Lincoln County
Jackknife Accidents on Icy Roads
When a truck’s cab and trailer fold toward each other like a pocket knife, it’s called a jackknife. These are common on Lincoln County roads during winter storms, especially when drivers apply brakes too aggressively on the bridge decks over the Rock River or the sloping curves near Highway 75. Empty or lightly loaded trailers are particularly prone to swinging out of control.
Jackknifes often indicate braking system failures or driver error—failure to adjust speed for conditions (violating 49 CFR § 392.6). When a truck jackknifes across both lanes of a rural highway at night, with no streetlights and blowing snow, the resulting multi-car pileups are catastrophic.
Underride Collisions: The Most Deadly Crashes
When a passenger vehicle slides under the rear or side of a trailer, the roof of the car is often sheared off at windshield level. These underride accidents are among the most fatal on American roads. Federal law requires rear impact guards (49 CFR § 393.86) on trailers manufactured after 1998, but many guards are poorly maintained or improperly installed. Side underride guards are not yet federally mandated, despite the devastating results.
If you lost a loved one in an underride accident on Highway 14 or I-90 near Lincoln County, we investigate the trailer’s compliance with federal standards and pursue claims against the trailer manufacturer for inadequate protection.
Rollovers on Rural Roads
Southwest Minnesota’s rolling terrain and sharp county road curves create rollover risks, especially for tanker trucks and high-center-of-gravity loads. Speeding on curves, improperly secured cargo (violating 49 CFR § 393.100), and sudden steering corrections can send a truck tumbling. When trucks roll on the narrow shoulders of Lincoln County roads, they often crush smaller vehicles or spill hazardous materials—fuel, chemicals, or livestock—creating secondary disasters.
Rear-End Collisions: Stopping Distance Killers
A fully loaded truck traveling at 55 mph needs the length of a football field to stop. When drivers are distracted by cell phones (violating 49 CFR § 392.82), fatigued from hours of service violations, or simply following too closely on the congested approaches to agricultural processing facilities, rear-end collisions result. The height differential between a truck’s bumper and a passenger car’s trunk means these crashes often override the passenger compartment, causing severe spinal cord injuries and internal trauma.
Wide Turn Accidents in Small Towns
Trucks making right turns in tight spaces—like the main intersection in Ivanhoe or the narrow streets of Lake Benton—must swing wide to the left before cutting right. This creates a “squeeze play” trap for unsuspecting drivers who try to pass on the right. These accidents often involve wide-turn violations and failure to signal properly.
Blind Spot (No-Zone) Accidents
Commercial trucks have massive blind spots—20 feet directly in front, 30 feet behind, and large areas on both sides, especially the right side. When truckers change lanes without checking mirrors or properly adjusting their convex mirrors (required by 49 CFR § 393.80), they sideswipe passenger vehicles, often forcing them off the road into the ditch or into oncoming traffic.
Tire Blowouts and Mechanical Failures
Extreme temperature variations in Minnesota—sub-zero winters followed by hot summer pavement—accelerate tire degradation. When trucking companies fail to maintain tires (violating 49 CFR § 393.75) or drivers fail to conduct pre-trip inspections, blowouts occur. “Road gators”—strips of shredded tire—cause secondary accidents, and blowouts on steer tires often lead to immediate loss of control.
As client Ernest Cano said about our approach to these complex cases, “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”
Who Can Be Held Liable? The Web of Responsibility
Unlike car accidents where usually only one driver is at fault, 18-wheeler accidents often involve multiple liable parties, each with separate insurance policies. We investigate every possible defendant to maximize your recovery:
The Truck Driver: For speeding, distraction, fatigue, impairment, or traffic violations. We subpoena cell phone records, drug test results, and driving history.
The Trucking Company (Motor Carrier): Under respondeat superior, employers are liable for their employees’ negligence. Additionally, we pursue direct negligence claims for negligent hiring (failing to background check), negligent training (inadequate winter driving instruction), negligent supervision (ignoring ELD violations), and negligent maintenance (deferring brake repairs).
The Freight Broker: Companies like C.H. Robinson (headquartered in nearby Eden Prairie) arrange thousands of loads daily. When they negligently select carriers with poor safety records or histories of FMCSA violations to haul goods through Lincoln County, they share liability.
The Cargo Owner and Loader: When grain elevators overload trucks beyond weight limits, or when livestock haulers fail to properly secure animals causing load shifts, these parties contribute to rollovers and handling failures.
Maintenance Companies: Third-party mechanics who perform inadequate brake adjustments, tire replacements, or safety inspections can be liable when their negligence causes crashes.
Truck and Parts Manufacturers: Defective brakes, steering components, tires, or stability control systems can trigger product liability claims against manufacturers like Daimler, Volvo, or component suppliers.
The Truck Owner: In owner-operator situations, the individual truck owner may hold separate liability from the motor carrier.
Government Entities: When Minnesota DOT or Lincoln County fails to maintain safe road conditions—like removing ice from bridge decks, repairing potholes that cause steering loss, or providing adequate signage for low-clearance areas—they may share liability (though sovereign immunity limits apply and notice deadlines are short).
Catastrophic Injuries: The Human Cost
The injuries from 18-wheeler accidents aren’t like injuries from fender-benders. We’re talking about:
Traumatic Brain Injuries (TBI): From concussions to severe diffuse axonal injuries requiring lifetime care. TBI victims often face personality changes, memory loss, and inability to work. Our firm has recovered between $1.5 million and $9.8 million for TBI victims, ensuring they have resources for cognitive therapy, home care, and loss of earning capacity.
Spinal Cord Injuries: Paraplegia, quadriplegia, and incomplete spinal cord injuries requiring wheelchairs, home modifications, and 24/7 attendant care. Settlement ranges often fall between $4.7 million and $25.8 million depending on the level of injury and age of the victim.
Amputations: Whether traumatic (limb severed at the scene) or surgical (removal due to crush injuries), amputations require prosthetics ($5,000-$50,000 each, replaced every few years), rehabilitation, and vocational retraining. We’ve secured $1.9 million to $8.6 million for amputation cases.
Severe Burns: Fuel fires and explosions cause disfiguring burns requiring multiple skin grafts, reconstructive surgery, and psychological treatment.
Internal Organ Damage: Blunt force trauma from truck impacts often damages livers, spleens, and kidneys, requiring emergency surgery and causing lifelong complications.
Wrongful Death: When trucking accidents kill Lincoln County residents—parents, spouses, breadwinners—we pursue wrongful death claims for lost income, loss of consortium, mental anguish, and funeral expenses. Recoveries range from $1.9 million to $9.5 million or more depending on the deceased’s age, earning capacity, and the egregiousness of the trucking company’s conduct.
As client Glenda Walker told us, “They fought for me to get every dime I deserved.” That’s our commitment to every catastrophic injury victim.
Insurance and Damages: The Numbers That Matter
Commercial trucks carry far more insurance than passenger vehicles. Federal law mandates:
- $750,000 minimum for non-hazardous freight
- $1,000,000 for oil, large equipment, and motor vehicles
- $5,000,000 for hazardous materials and passenger transport
Many carriers carry $1-5 million in coverage, with umbrella policies reaching higher. But accessing these funds requires proving liability and damages rigorously.
Economic Damages: Medical bills (past and future), lost wages, lost earning capacity, property damage, and life care costs. In Lincoln County, where many residents work in agriculture, manufacturing, or healthcare, proving lost earning capacity often requires vocational experts who understand the local economy.
Non-Economic Damages: Pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, and loss of consortium. Minnesota places no caps on these damages in personal injury cases.
Punitive Damages: When trucking companies knowingly put dangerous drivers on the road, falsify maintenance records, or destroy evidence (spoliation), we pursue punitive damages to punish and deter. Recent nuclear verdicts—like the $462 million underride case in Missouri or the $160 million rollover case in Alabama—demonstrate that juries will punish trucking companies that prioritize profit over human life.
Why Choose Attorney911 for Your Lincoln County Trucking Case
We Know the Terrain
We’ve handled cases across the Upper Midwest. We understand that litigation in Lincoln County District Court differs from urban Minnesota courts. We know the local judges, the local defense attorneys, and the local medical providers who treat crash victims.
Insider Knowledge
Lupe Peña, our associate attorney, spent years defending insurance companies and trucking firms. He knows their playbook—the Colossus software they use to lowball claims, the “independent” medical examiners they hire to dispute injuries, the surveillance tactics they use to catch victims lifting groceries. Now he turns that knowledge against them. When the trucking company’s adjuster tries to tell you that your back injury is “just soft tissue,” or that you don’t need future surgery, Lupe knows they’re bluffing.
Federal Court Power
Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas and maintains federal court admissions that allow us to handle interstate trucking cases wherever they arise. Interstate commerce cases often belong in federal court, where our experience shines.
Resources to Win
We advance all costs—expert fees, deposition costs, accident reconstruction, and more. You pay nothing unless we win. Our contingent fee structure aligns our interests with yours: we don’t get paid until you do.
24/7 Availability
Trucking accidents don’t happen on business hours. Call 888-ATTY-911 any time, day or night. We’ll answer.
Hablamos Español
Lupe Peña provides fluent Spanish-language representation for Lincoln County’s Hispanic community. No interpreters needed. Llame al 1-888-ATTY-911 para una consulta gratis con Lupe.
Lincoln County Trucking Accident FAQ
How long do I have to file a lawsuit after a truck accident in Lincoln County?
You have two years from the accident date for personal injury, three years for wrongful death. But don’t wait—the trucking company is already building their defense.
What if the truck driver claims the accident was my fault?
Minnesota uses modified comparative negligence. Even if you’re partially at fault, you can recover damages as long as you’re not more than 50% responsible. We’ve helped clients recover millions even when insurers initially denied liability.
Who pays my medical bills while I wait for settlement?
We can help you access medical care under a Letter of Protection (LOP), where providers agree to wait for payment until your case settles. We also work with your health insurance and auto insurance (PIP) to cover immediate costs.
What is black box data and why does it matter?
The truck’s ECM records speed, braking, throttle position, and engine performance in the seconds before impact. This objective data often contradicts the driver’s story. But it can be overwritten in 30 days—call us immediately.
Can I sue if my loved one died in a trucking accident?
Yes. Minnesota allows wrongful death claims by spouses, children, parents, and estate representatives. Damages include lost income, loss of consortium, funeral expenses, and mental anguish.
What if the trucking company is from another state?
We handle interstate trucking cases nationwide. The FMCSA regulates all interstate commerce, so federal law applies regardless of where the trucking company is headquartered.
How much is my case worth?
It depends on injury severity, medical costs, lost wages, pain and suffering, and available insurance. Trucking cases often settle for six or seven figures. We handle cases ranging from $15,000 soft-tissue injuries to multi-million dollar catastrophic cases.
Will my case go to trial?
Probably not—98% of cases settle. But we prepare every case for trial because insurance companies pay more to attorneys who have a track record of winning in court.
How do I pay for a lawyer?
We work on contingency. No upfront fees, no hourly charges. We only get paid if you recover money.
What if I was partially at fault?
In Minnesota, your recovery is reduced by your percentage of fault, but you can still recover damages unless you’re more than 50% at fault.
Can undocumented immigrants file claims?
Yes. Immigration status does not affect your right to compensation for injuries caused by someone else’s negligence.
What if the trucking company says the driver was an independent contractor?
We investigate the relationship. If the company controlled the driver’s routes, schedule, or equipment, they may still be liable under respondeat superior or negligent hiring theories.
How fast do you send preservation letters?
Within 24 hours of being retained. This protects ECM data, ELD logs, maintenance records, and the truck itself from destruction.
Do you handle cases where the truck was hauling livestock or grain?
Yes. Agricultural trucking cases involve unique regulations and load securement issues. We understand the seasonal pressures that lead to overloaded trucks and fatigued drivers during planting and harvest seasons in Lincoln County.
Your Next Step: Call Attorney911 Today
The trucking company has lawyers working right now to minimize what they owe you. Their insurance adjuster is trained to get you to say things that hurt your claim. Their rapid-response team may already be at the scene or have contacted witnesses.
What are you doing to protect yourself?
At Attorney911, we level the playing field. With 25+ years of experience, millions recovered for trucking accident victims, and a team that includes a former insurance insider, we have the expertise and resources to take on the biggest trucking companies.
Don’t let them push you around. Don’t accept a lowball settlement that won’t cover your future medical needs. Don’t let evidence disappear while you wait and wonder if you need a lawyer.
You do. And you need us.
Call 1-888-ATTY-911 (1-888-288-9911) right now. The consultation is free. We work on contingency—you pay nothing unless we win. We’re available 24/7 for trucking accident emergencies in Lincoln County and across Minnesota.
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
Attorney911. Because trucking companies shouldn’t get away with it. Because your family deserves justice. Because when everything changes in an instant, you need someone fighting for every dime you deserve.
Call now. We’re waiting to help.