18-Wheeler & Trucking Accident Attorneys in Seward County, Nebraska

When 80,000 Pounds Changes Everything

The impact was catastrophic. One moment you’re driving through Seward County on your way to work, running errands, or heading home to your family. The next, an 80,000-pound semi-truck has slammed into your vehicle, and nothing will ever be the same.

Every 16 minutes, someone in America is injured in a commercial truck crash. Over 5,000 people die in trucking accidents annually, and 76% of those deaths are occupants of the smaller vehicle. In Seward County, Nebraska, where I-80 serves as a critical east-west freight corridor connecting Omaha to Denver and beyond, the risk is constant. The trucks never stop coming.

At Attorney911, we’ve spent over 25 years fighting for trucking accident victims. Ralph Manginello, our managing partner since 1998, has recovered multi-million dollar settlements for families devastated by 18-wheeler crashes. Our associate attorney Lupe Peña spent years working for insurance companies before joining our team—now he uses that insider knowledge to fight against them. That’s your advantage.

We know what you’re going through. The medical bills are mounting. You can’t work. The pain is constant. And the trucking company’s insurance adjuster is already calling, pretending to care while looking for ways to pay you less.

You need someone in your corner who knows how to fight back.

Why 18-Wheeler Accidents in Seward County Are Different

The Physics of Devastation

An 18-wheeler isn’t just a big car. It’s a 70-80 foot long, 13-foot high, 80,000-pound missile traveling at highway speeds. When that mass collides with a 4,000-pound passenger vehicle, the results are catastrophic.

Consider the stopping distances. At 65 mph, your car needs roughly 300 feet to stop—about the length of a football field. An 80,000-pound truck at the same speed needs approximately 525 feet to stop. That’s nearly two football fields. When traffic suddenly slows on I-80 near Seward County, truck drivers who are following too closely or distracted simply cannot stop in time.

The force of impact is equally devastating. A collision between a car and an 18-wheeler at highway speeds generates forces that crush passenger compartments, shatter bones, and cause traumatic brain injuries even when airbags deploy. The truck’s bumper often strikes the car at head level, and underride accidents—where the car slides beneath the trailer—can shear off the roof entirely.

Seward County’s Unique Trucking Risks

Seward County sits at a critical junction in America’s freight network. Interstate 80, one of the most heavily traveled transcontinental routes, runs directly through the county, carrying thousands of trucks daily between Omaha and points west. This isn’t local delivery traffic—this is long-haul freight moving at highway speeds, often with drivers who have been on the road for hours or days.

The geography creates additional hazards. Nebraska’s weather is notoriously unpredictable, with sudden blizzards, ice storms, and high winds that can affect truck stability. Seward County’s position in the Great Plains means sustained winds of 30-40 mph are common, creating dangerous conditions for high-profile vehicles. When a sudden gust hits an empty or lightly loaded trailer, the results can be catastrophic.

Agricultural traffic adds complexity. Seward County is part of Nebraska’s farming heartland, and seasonal harvests bring increased truck traffic—grain haulers, equipment transport, and livestock carriers. These vehicles often operate on rural roads not designed for heavy traffic, and the mix of slow-moving farm equipment and fast-moving freight creates dangerous conditions.

The county’s proximity to major distribution hubs means many trucks are operating on tight delivery schedules. Drivers under pressure to meet deadlines may speed, skip required rest breaks, or push through fatigue—violations of federal hours-of-service regulations that put everyone on the road at risk.

Types of 18-Wheeler Accidents We Handle in Seward County

Jackknife Accidents

A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle like a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic and causing multi-vehicle pileups.

Jackknife accidents account for approximately 10% of all trucking-related deaths. They’re particularly dangerous on Seward County’s stretch of I-80, where high speeds and sudden traffic changes create the perfect conditions for these catastrophic events.

Common causes include sudden or improper braking—especially on wet or icy roads—speeding on curves, empty or lightly loaded trailers that are more prone to swing, improperly loaded cargo, brake system failures, and driver inexperience with emergency maneuvers.

Under 49 CFR § 393.48, brake system malfunction is a serious violation. When we investigate jackknife accidents, we immediately subpoena ECM data showing brake application timing, review brake inspection and maintenance records, analyze weather conditions, and examine cargo manifest and loading records. This evidence often proves the trucking company violated federal safety regulations.

Rollover Accidents

A rollover occurs when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight, rollovers are among the most catastrophic trucking accidents, often resulting in complete destruction of the truck and any vehicles in its path.

Approximately 50% of rollover crashes result from failure to adjust speed on curves. This is particularly relevant in Seward County, where I-80’s long straight stretches can lull drivers into complacency before they encounter curves or exit ramps.

Common causes include speeding on curves, ramps, or turns; taking turns too sharply at excessive speed; improperly secured or unevenly distributed cargo; liquid cargo “slosh” that shifts the center of gravity; overcorrection after tire blowout or lane departure; driver fatigue causing delayed reaction; and road design defects.

Under 49 CFR § 393.100-136, cargo securement violations are serious safety issues. When we handle rollover cases, we examine ECM data for speed through curves, review cargo manifest and securement documentation, analyze load distribution records, and review driver training on rollover prevention. This evidence often proves the trucking company prioritized speed over safety.

Underride Collisions

An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level, resulting in decapitation or catastrophic head and neck injuries.

Among the most fatal types of 18-wheeler accidents, underride collisions cause approximately 400-500 deaths annually in the United States. Rear underride and side underride are both deadly, though side underride has no federal guard requirement—an ongoing safety advocacy issue.

Common causes include inadequate or missing underride guards, worn or damaged rear impact guards, truck sudden stops without adequate warning, low visibility conditions, truck lane changes into blind spots, wide right turns cutting off traffic, and inadequate rear lighting or reflectors.

Under 49 CFR § 393.86, rear impact guards are required on trailers manufactured after January 26, 1998. Guards must prevent underride at 30 mph impact. When we investigate underride accidents, we examine underride guard inspection and maintenance records, rear lighting compliance documentation, crash dynamics showing underride depth, and guard installation and certification records. This evidence often proves the trucking company violated federal safety standards designed to prevent exactly this type of catastrophic injury.

Rear-End Collisions

Rear-end collisions occur when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries even at moderate speeds.

18-wheelers require 20-40% more stopping distance than passenger vehicles. A fully loaded truck at 65 mph needs approximately 525 feet to stop—nearly two football fields. When traffic suddenly slows on I-80 through Seward County, truck drivers who are following too closely or distracted simply cannot stop in time.

Common causes include following too closely (tailgating), driver distraction from cell phones or dispatch communications, driver fatigue and delayed reaction, excessive speed for traffic conditions, brake failures from poor maintenance, failure to anticipate traffic slowdowns, and impaired driving.

Under 49 CFR § 392.11, following too closely is a serious violation. When we handle rear-end collision cases, we examine ECM data showing following distance and speed, ELD data for driver fatigue analysis, cell phone records for distraction evidence, and brake inspection and maintenance records. This evidence often proves the truck driver violated federal safety regulations designed to prevent exactly this type of collision.

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents occur when an 18-wheeler swings wide—often to the left—before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.

Trucks make wide turns because 18-wheelers need significant space to complete turns. The trailer tracks inside the path of the cab, so drivers must swing wide to avoid curbs, signs, or buildings. This creates a dangerous situation for nearby vehicles.

Common causes include failure to properly signal turning intention, inadequate mirror checks before and during turn, improper turn technique, driver inexperience with trailer tracking, failure to yield right-of-way when completing turn, and poor intersection design forcing wide turns.

When we investigate wide turn accidents, we examine turn signal activation data from ECM, mirror condition and adjustment records, driver training records on turning procedures, intersection geometry analysis, and witness statements on turn execution. This evidence often proves the truck driver failed to follow proper safety procedures.

Blind Spot Accidents (“No-Zone”)

Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots—known as the “No-Zones.”

The four No-Zones are: the front No-Zone (20 feet directly in front where the driver cannot see low vehicles), the rear No-Zone (30 feet behind with no rear-view mirror visibility), the left side No-Zone (extending from cab door backward, smaller than right side), and the right side No-Zone (extending from cab door backward, much larger than left—MOST DANGEROUS).

Right-side blind spot accidents are especially dangerous due to the larger blind spot area. Many occur during lane changes on highways.

Common causes include failure to check mirrors before lane changes, improperly adjusted or damaged mirrors, inadequate mirror checking during sustained maneuvers, driver distraction during lane changes, driver fatigue affecting situational awareness, and failure to use turn signals.

Under 49 CFR § 393.80, mirrors must provide clear view to rear on both sides. Proper mirror adjustment is part of driver pre-trip inspection. When we handle blind spot accident cases, we examine mirror condition and adjustment at time of crash, lane change data from ECM/telematics, turn signal activation records, and driver training on blind spot awareness. This evidence often proves the truck driver violated federal safety requirements.

Tire Blowout Accidents

Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.

With 18 tires on each truck, each one can fail. Steer tire (front) blowouts are especially dangerous—they can cause immediate loss of control. “Road gators” (tire debris) cause thousands of accidents annually.

Common causes include underinflated tires causing overheating, overloaded vehicles exceeding tire capacity, worn or aging tires not replaced, road debris punctures, manufacturing defects, improper tire matching on dual wheels, heat buildup on long hauls, and inadequate pre-trip tire inspections.

Under 49 CFR § 393.75, tire requirements specify tread depth and condition. Pre-trip inspection must include tire check. Minimum tread depth is 4/32″ on steer tires, 2/32″ on other positions.

When we investigate tire blowout accidents, we examine tire maintenance and inspection records, tire age and wear documentation, tire inflation records and pressure checks, vehicle weight records from weigh stations, and tire manufacturer and purchase records. This evidence often proves the trucking company violated federal safety standards or deferred critical maintenance.

Brake Failure Accidents

Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.

Brake problems are a factor in approximately 29% of large truck crashes. Brake system violations are among the most common FMCSA out-of-service violations. Complete brake failure is often the result of systematic maintenance neglect.

Common causes include worn brake pads or shoes not replaced, improper brake adjustment (too loose), air brake system leaks or failures, overheated brakes (brake fade) on long descents, contaminated brake fluid, defective brake components, failure to conduct pre-trip brake inspections, and deferred maintenance to save costs.

Under 49 CFR § 393.40-55, brake system requirements are comprehensive. Systematic inspection and maintenance is required under § 396.3. Driver post-trip report of brake condition is required under § 396.11. Air brake pushrod travel limits are specified.

When we handle brake failure cases, we examine brake inspection and maintenance records, out-of-service inspection history, ECM data showing brake application and effectiveness, post-crash brake system analysis, and driver vehicle inspection reports (DVIRs). This evidence often proves the trucking company knew about brake problems and failed to fix them.

Cargo Spill/Shift Accidents

Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.

Cargo securement violations are among the top 10 most common FMCSA violations. Shifted cargo causes rollover accidents when center of gravity changes. Spilled cargo on highways causes secondary accidents.

Types include cargo shift (load moves during transit, destabilizing truck), cargo spill (load falls from truck onto roadway), and hazmat spill (hazardous materials leak or spill, creating additional dangers).

Common causes include inadequate tiedowns (insufficient number or strength), improper loading distribution, failure to use blocking, bracing, or friction mats, tiedown failure due to wear or damage, overloading beyond securement capacity, failure to re-inspect cargo during trip, and loose tarps allowing cargo shift.

Under 49 CFR § 393.100-136, complete cargo securement standards apply. Working load limits for tiedowns are specified. Specific requirements by cargo type (logs, metal coils, machinery, etc.) are detailed.

When we investigate cargo accidents, we examine cargo securement inspection photos, bill of lading and cargo manifest, loading company records, tiedown specifications and condition, and 49 CFR 393 compliance documentation. This evidence often proves the trucking company or loading company violated federal safety standards.

Head-On Collisions

Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Head-on collisions are among the deadliest accident types. Even at moderate combined speeds, the force is often fatal. They often occur on two-lane highways or from wrong-way entry.

Common causes include driver fatigue causing lane departure, driver falling asleep at the wheel, driver distraction (phone, GPS, dispatch), impaired driving (drugs, alcohol), medical emergency (heart attack, seizure), overcorrection after running off road, passing on two-lane roads, and wrong-way entry onto divided highways.

Under 49 CFR § 395, hours of service violations are serious safety issues. Operating while fatigued violates § 392.3. Drug or alcohol violations violate §§ 392.4-5. Mobile phone use while driving violates § 392.82.

When we investigate head-on collisions, we examine ELD data for HOS compliance and fatigue, ECM data showing lane departure and steering, cell phone records for distraction, driver medical records and certification, and drug and alcohol test results. This evidence often proves the truck driver was unfit to operate the vehicle.

Who Can Be Held Liable in a Seward County Trucking Accident?

The Driver

The driver who caused the accident may be personally liable for their negligent conduct. This includes speeding or reckless driving, distracted driving, fatigued driving beyond legal limits, impaired driving, failure to conduct proper pre-trip inspections, and violation of traffic laws.

We pursue the driver’s driving record and history, ELD data showing hours of service, drug and alcohol test results, cell phone records, previous accident history, and training records.

The Trucking Company

The trucking company is often the most important defendant because they have the deepest pockets and the most responsibility for safety.

Under the doctrine of respondeat superior, employers are responsible for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for negligent hiring (failed to check driver’s background), negligent training (inadequate safety training), negligent supervision (failed to monitor driver performance), negligent maintenance (failed to maintain vehicle), and negligent scheduling (pressured drivers to violate HOS regulations).

We pursue the Driver Qualification File, hiring policies and background check procedures, training records and curricula, supervision and monitoring practices, dispatch records showing schedule pressure, safety culture documentation, and CSA scores.

Trucking companies carry much higher insurance limits than individual drivers—often $750,000 to $5,000,000 or more—making them the primary recovery target.

Cargo Owner and Loading Company

The company that owns the cargo and arranged for its shipment may be liable for providing improper loading instructions, failing to disclose hazardous nature of cargo, requiring overweight loading, or pressuring carrier to expedite beyond safe limits.

Third-party loading companies that physically load cargo onto trucks may be liable for improper cargo securement, unbalanced load distribution, exceeding vehicle weight ratings, or failure to use proper blocking, bracing, and tiedowns.

Manufacturers and Maintenance Companies

The company that manufactured the truck, trailer, or major components may be liable for design defects, manufacturing defects, or failure to warn of known dangers. Parts manufacturers may be liable for defective brakes, tires, steering components, or other failed parts.

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs, failure to identify critical safety issues, improper brake adjustments, or using substandard parts.

Freight Brokers and Government Entities

Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection—failing to verify carrier insurance and authority or selecting the cheapest carrier despite safety concerns.

Federal, state, or local government may be liable for dangerous road design, failure to maintain roads, inadequate signage for known hazards, or improper work zone setup.

Nebraska Law: What Seward County Trucking Accident Victims Need to Know

Statute of Limitations

In Nebraska, you have four years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the limit is two years from the date of death.

This is longer than many states—Texas, for example, only gives you two years for personal injury claims. But waiting is still dangerous. Evidence disappears, witnesses forget, and trucking companies are building their defense right now. We recommend contacting an attorney within days, not months.

Comparative Negligence

Nebraska follows a modified comparative negligence rule with a 50% bar. This means you can recover damages as long as you are not 50% or more at fault for the accident. If you are found partially at fault, your recovery is reduced by your percentage of fault.

For example, if you are awarded $100,000 in damages but found 20% at fault, you would receive $80,000. But if you are found 50% or more at fault, you recover nothing.

This makes thorough investigation critical. The trucking company will try to shift blame to you. We gather objective evidence—ECM data, ELD logs, witness statements—to prove what really happened.

Damage Caps

Nebraska does not cap compensatory damages for personal injury cases. This means there is no statutory limit on what you can recover for medical expenses, lost wages, pain and suffering, and other damages.

For punitive damages, Nebraska has no specific statutory cap, though they are awarded only in cases of gross negligence or willful misconduct. This is different from neighboring states like Kansas, which caps punitive damages at the lesser of the defendant’s annual gross income or $5 million.

The 48-Hour Evidence Preservation Protocol

Why Immediate Action Is Critical

In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.

Critical Evidence Destruction Timelines:

The Spoliation Letter: Your Legal Shield

A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.

Why it matters:

• Puts defendants on legal notice of their preservation obligation
• Creates serious consequences if evidence is destroyed
• Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
• The sooner sent, the more weight it carries

When we send it: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.

What Our Spoliation Letter Demands

Electronic Data:

• Engine Control Module (ECM) / Electronic Control Unit (ECU) data
• Event Data Recorder (EDR) data
• Electronic Logging Device (ELD) records
• GPS and telematics data
• Dashcam and forward-facing camera footage
• Dispatch communications and messaging
• Cell phone records and text messages
• Qualcomm or fleet management system data

Driver Records:

• Complete Driver Qualification File
• Employment application and resume
• Background check and driving record
• Medical certification and exam records
• Drug and alcohol test results
• Training records and certifications
• Previous accident and violation history
• Performance reviews and disciplinary records

Vehicle Records:

• Maintenance and repair records
• Inspection reports
• Out-of-service orders and repairs
• Tire records and replacement history
• Brake inspection and adjustment records
• Parts purchase and installation records

Company Records:

• Hours of service records for 6 months prior
• Dispatch logs and trip records
• Bills of lading and cargo documentation
• Insurance policies
• Safety policies and procedures
• Training curricula
• Hiring and supervision policies

Physical Evidence:

• The truck and trailer themselves
• Failed or damaged components
• Cargo and securement devices
• Tire remnants if blowout involved

FMCSA Regulations: The Rules Trucking Companies Break

Why Federal Regulations Matter for Your Case

Every 18-wheeler on American highways must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.

The six critical parts of FMCSA regulations are:

Part 391: Driver Qualification Standards

A person shall not drive a commercial motor vehicle unless they:

1. Are at least 21 years old (interstate) or 18 years old (intrastate)
2. Can read and speak English sufficiently
3. Can safely operate the CMV and cargo type
4. Are physically qualified under § 391.41
5. Have a valid commercial motor vehicle operator’s license (CDL)
6. Have completed a driver’s road test or equivalent
7. Are not disqualified under § 391.15 (violations, suspensions)
8. Have completed required entry-level driver training

Driver Qualification File Requirements (49 CFR § 391.51):

Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:

• Employment application
• Motor Vehicle Record from state licensing authority
• Road Test Certificate or equivalent documentation
• Medical Examiner’s Certificate (current, valid, max 2 years)
• Annual Driving Record Review
• Previous Employer Inquiries (3-year driving history investigation)
• Drug & Alcohol Test Records

Why this matters for your case: If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.

Part 392: Driving Rules

Ill or Fatigued Operators (49 CFR § 392.3):

“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

Why this matters: This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.

Drugs and Other Substances (49 CFR § 392.4):

A driver shall not be on duty or operate a CMV while under the influence of any Schedule I substance, under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving, or possessing a Schedule I substance (unless prescription).

Alcohol (49 CFR § 392.5):

A driver shall not use alcohol within 4 hours before going on duty or operating a CMV, use alcohol while on duty or operating a CMV, be under the influence of alcohol (.04 BAC or higher) while on duty, or possess any alcohol while on duty (with limited exceptions).

Speeding (49 CFR § 392.6):

“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

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, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”

Mobile Phone Use (49 CFR § 392.82):

Drivers are PROHIBITED from using a hand-held mobile telephone while driving, reaching for mobile phone in manner requiring leaving seated position, or texting while driving (49 CFR § 392.80).

Part 393: Parts and Accessories for Safe Operation

Cargo Securement (49 CFR § 393.100-136):

General Requirements (§ 393.100): Cargo must be contained, immobilized, or secured to prevent leaking, spilling, blowing, or falling from the vehicle; shifting that affects vehicle stability or maneuverability; or blocking the driver’s view or interfering with operation.

Performance Criteria (§ 393.102): Cargo securement systems must withstand forward 0.8 g deceleration (sudden stop), rearward 0.5 g acceleration, lateral 0.5 g (side-to-side), and downward at least 20% of cargo weight if not fully contained.

Tiedown Requirements: Aggregate working load limit must be at least 50% of cargo weight for loose cargo. At least one tiedown for cargo 5 feet or less in length. At least two tiedowns for cargo over 5 feet or under 1,100 lbs. Additional tiedowns for every 10 feet of cargo length.

Brakes (49 CFR § 393.40-55):

All CMVs must have properly functioning brake systems including service brakes on all wheels, parking/emergency brake system, air brake systems meeting specific requirements, and brake adjustment maintained within specifications.

Lighting (49 CFR § 393.11-26):

Required lighting includes headlamps, tail lamps, stop lamps, clearance and side marker lamps, reflectors and retroreflective sheeting, and turn signal lamps.

Why this matters: Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.

Part 395: Hours of Service (HOS) Regulations

These are the most commonly violated regulations in trucking accidents—and the most deadly when broken.

Property-Carrying Drivers (Most 18-Wheelers):

Sleeper Berth Provision (49 CFR § 395.1(g)):

Drivers using sleeper berth may split 10-hour off-duty period with at least 7 consecutive hours in sleeper berth plus at least 2 consecutive hours off-duty. Neither period counts against the 14-hour window.

Electronic Logging Device (ELD) Mandate (49 CFR § 395.8):

Since December 18, 2017, most CMV drivers must use ELDs that automatically record driving time, synchronize with vehicle engine to record objective data, cannot be altered after the fact (unlike paper logs), and record GPS location, speed, and engine hours.

Why ELD Data Is Critical Evidence:

ELDs prove exactly how long the driver was on duty, whether breaks were taken as required, speed before and during the accident, GPS location history, and any HOS violations.

We send spoliation letters immediately to preserve this data.

Part 396: Inspection, Repair, and Maintenance

General Maintenance Requirement (§ 396.3):

“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”

Driver Inspection Requirements:

Pre-Trip Inspection (§ 396.13): Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.

Post-Trip Report (§ 396.11): After each day’s driving, drivers must prepare written report on vehicle condition covering at minimum: service brakes, parking brake, steering mechanism, lighting devices and reflectors, tires, horn, windshield wipers, rear vision mirrors, coupling devices, wheels and rims, and emergency equipment.

Annual Inspection (§ 396.17):

Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.

Maintenance Record Retention (§ 396.3):

Motor carriers must maintain records for each vehicle showing identification (make, serial number, year, tire size), schedule for inspection, repair, and maintenance, and record of repairs and maintenance. Records must be retained for 1 year.

Why this matters: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.

Catastrophic Injuries: The Human Cost of Trucking Negligence

Why 18-Wheeler Accidents Cause Catastrophic Injuries

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception.

Size and Weight Disparity:

• Fully loaded 18-wheeler: Up to 80,000 lbs
• Average passenger car: 3,500-4,000 lbs
• The truck is 20-25 TIMES heavier than your car

Impact Force: Force equals mass times acceleration. An 80,000-pound truck at 65 mph carries approximately 80 times the kinetic energy of a car. This energy transfers to the smaller vehicle in a crash.

Stopping Distance: An 18-wheeler at 65 mph needs approximately 525 feet to stop—nearly two football fields. A car at 65 mph needs roughly 300 feet. This 40% longer stopping distance means trucks cannot avoid obstacles as quickly.

Traumatic Brain Injury (TBI)

TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull.

Severity Levels:

Common symptoms include headaches, dizziness, nausea, memory loss, confusion, difficulty concentrating, mood changes, depression, anxiety, sleep disturbances, sensory problems, speech difficulties, and personality changes.

Long-term consequences can include permanent cognitive impairment, inability to work, need for ongoing care and supervision, increased risk of dementia and Alzheimer’s, and depression and emotional disorders.

Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity.

At Attorney911, we’ve recovered $1.5 million to $9.8 million for traumatic brain injury victims. As client Glenda Walker told us after her case settled, “They fought for me to get every dime I deserved.”

Spinal Cord Injury

Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

Higher injuries (cervical spine) affect more body functions. C1-C4 injuries may require ventilator for breathing. Lower injuries (lumbar) affect legs but not arms.

Lifetime Care Costs:

• Paraplegia (low): $1.1 million+
• Paraplegia (high): $2.5 million+
• Quadriplegia (low): $3.5 million+
• Quadriplegia (high): $5 million+

These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.

At Attorney911, we’ve recovered $4.7 million to $25.8 million for spinal cord injury victims.

Amputation

Amputation involves either traumatic amputation (limb severed at the scene due to crash forces) or surgical amputation (limb so severely damaged it must be surgically removed).

Amputations are common in 18-wheeler accidents due to crushing forces from truck impact, entrapment requiring amputation for extraction, severe burns requiring surgical removal, and infections from open wounds.

Ongoing medical needs include initial surgery and hospitalization, prosthetic limbs ($5,000-$50,000+ per prosthetic), replacement prosthetics throughout lifetime, physical therapy and rehabilitation, occupational therapy for daily living skills, and psychological counseling.

The impact on life includes permanent disability, career limitations or total disability, phantom limb pain, body image and psychological trauma, need for home modifications, and dependency on others for daily activities.

At Attorney911, we’ve recovered $1.9 million to $8.6 million for amputation victims, including a $3.8+ million settlement for a client who lost a limb after a car crash.

Severe Burns

Burns in 18-wheeler accidents occur through fuel tank rupture and fire, hazmat cargo spills and ignition, electrical fires from battery/wiring damage, friction burns from road contact, and chemical burns from hazmat exposure.

Burn classification includes:

• First degree: Epidermis only; minor, heals without scarring
• Second degree: Epidermis and dermis; may scar, may need grafting
• Third degree: Full thickness; requires skin grafts, permanent scarring
• Fourth degree: Through skin to muscle/bone; multiple surgeries, amputation may be required

Long-term consequences include permanent scarring and disfigurement, multiple reconstructive surgeries, skin graft procedures, chronic pain, infection risks, and psychological trauma.

Internal Organ Damage and Wrongful Death

Common internal injuries include liver laceration or rupture, spleen damage requiring removal, kidney damage, lung contusion or collapse, internal bleeding, and bowel and intestinal damage. These injuries are dangerous because they may not show immediate symptoms, internal bleeding can be life-threatening, and they require emergency surgery.

When a trucking accident kills, wrongful death claims allow surviving family members to recover compensation. In Nebraska, the personal representative of the deceased’s estate brings the claim, and damages may include lost future income and benefits, loss of consortium, mental anguish, funeral expenses, and medical expenses before death.

At Attorney911, we’ve recovered $1.9 million to $9.5 million for wrongful death claims in trucking accidents.

Insurance Coverage: Why Trucking Cases Are High-Value

Federal Minimum Insurance Requirements

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

Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

Types of Damages Recoverable

Economic damages include medical expenses (past, present, and future), lost wages, lost earning capacity, property damage, out-of-pocket expenses, and life care costs for catastrophic injuries.

Non-economic damages include pain and suffering, mental anguish, loss of enjoyment, disfigurement, loss of consortium, and physical impairment.

Punitive damages may be available when the trucking company or driver acted with gross negligence, willful misconduct, conscious indifference to safety, or fraud (such as falsifying logs or destroying evidence).

Frequently Asked Questions About Seward County Trucking Accidents

What should I do immediately after an 18-wheeler accident in Seward County?

If you’re able, call 911 and report the accident. Seek medical attention even if injuries seem minor. Document the scene with photos and video if possible. Get the trucking company name, DOT number, and driver information. Collect witness contact information. Do NOT give recorded statements to any insurance company. Then call an 18-wheeler accident attorney immediately.

Should I go to the hospital after a truck accident even if I feel okay?

Yes. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Seward County hospitals can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

What information should I collect at the truck accident scene?

Document the truck and trailer license plates, DOT number on the truck door, trucking company name and logo, driver’s name, CDL number, and contact info, photos of all vehicle damage, photos of the accident scene, road conditions, and skid marks, photos of your injuries, witness names and phone numbers, and the responding officer’s name and badge number.

Should I talk to the trucking company’s insurance adjuster?

No. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.

How quickly should I contact an 18-wheeler accident attorney in Seward County?

Immediately—within 24-48 hours if possible. Critical evidence in trucking cases can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

What is a spoliation letter and why is it important?

A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.

What is a truck’s “black box” and how does it help my case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data—similar to airplane black boxes. This data can show speed before and during the crash, brake application timing, engine RPM and throttle position, whether cruise control was engaged, and GPS location history. This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.

What records should my attorney get from the trucking company?

We pursue ECM/Black box data, ELD records, Driver Qualification File, maintenance records, inspection reports, dispatch logs, drug and alcohol test results, training records, cell phone records, insurance policies, and the physical truck and trailer.

Can the trucking company destroy evidence?

Once they’re on notice of potential litigation, destroying evidence is spoliation—a serious legal violation. Courts can instruct juries to assume destroyed evidence was unfavorable, impose monetary sanctions, enter default judgment in extreme cases, or award punitive damages.

What are hours of service regulations and how do violations cause accidents?

FMCSA regulations limit how long truck drivers can operate: maximum 11 hours driving after 10 hours off, cannot drive beyond 14th consecutive hour on duty, 30-minute break required after 8 hours driving, and 60/70 hour weekly limits. Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.

What FMCSA regulations are most commonly violated in accidents?

The top violations we find are hours of service violations, false log entries, failure to maintain brakes, cargo securement failures, unqualified drivers, drug and alcohol violations, mobile phone use, failure to inspect, improper lighting, and negligent hiring.

What is a Driver Qualification File and why does it matter?

FMCSA requires trucking companies to maintain a file for every driver containing employment application, driving record check, previous employer verification, medical certification, drug test results, and training documentation. Missing or incomplete files prove negligent hiring.

How do pre-trip inspections relate to my accident case?

Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects—bad brakes, worn tires, lighting problems—both the driver and company may be liable for negligence.

What injuries are common in 18-wheeler accidents in Seward County?

Due to the massive size and weight disparity, trucking accidents often cause traumatic brain injury, spinal cord injuries and paralysis, amputations, severe burns, internal organ damage, multiple fractures, and wrongful death.

How much are 18-wheeler accident cases worth in Seward County?

Case values depend on severity of injuries, medical expenses, lost income and earning capacity, pain and suffering, degree of defendant’s negligence, and insurance coverage available. Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.

What if my loved one was killed in a trucking accident in Seward County?

Nebraska allows wrongful death claims by surviving family members. You may recover lost future income, loss of companionship and guidance, mental anguish, funeral expenses, and punitive damages if gross negligence is proven. Time limits apply—contact us immediately to protect your rights.

How long do I have to file an 18-wheeler accident lawsuit in Seward County?

In Nebraska, you have four years from the date of your trucking accident to file a personal injury lawsuit, and two years for wrongful death claims. But waiting is dangerous. Evidence disappears, witnesses forget, and trucking companies are building their defense right now. We recommend contacting an attorney within days, not months.

How long do trucking accident cases take to resolve?

Timelines vary: simple cases with clear liability may resolve in 6-12 months; complex cases with multiple parties may take 1-3 years; cases that go to trial may take 2-4 years. We work to resolve cases as quickly as possible while maximizing your recovery.

Will my trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.

Do I need to pay anything upfront to hire your firm?

No. We work on contingency—you pay absolutely nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.

How much insurance do trucking companies carry?

Federal law requires minimum liability coverage of $750,000 for non-hazardous freight, $1,000,000 for oil and large equipment, and $5,000,000 for hazardous materials. Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.

What if multiple insurance policies apply to my accident?

Trucking cases often involve multiple policies: motor carrier’s liability policy, trailer interchange coverage, cargo insurance, owner-operator’s policy, and excess/umbrella coverage. We identify all available coverage to maximize your recovery.

Will the trucking company’s insurance try to settle quickly?

Often yes—and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.

Why Choose Attorney911 for Your Seward County Trucking Accident Case

25+ Years of Fighting for Trucking Accident Victims

Ralph Manginello has been fighting for injury victims since 1998. With over 25 years of courtroom experience, federal court admission to the U.S. District Court, Southern District of Texas, and a track record of multi-million dollar verdicts, he brings the expertise needed to take on the largest trucking companies.

Our firm has recovered over $50 million for Texas families across all practice areas. We’ve gone toe-to-toe with Fortune 500 corporations, including BP in the Texas City Refinery explosion litigation that resulted in $2.1 billion in total industry-wide settlements.

The Insurance Defense Advantage

Our associate attorney Lupe Peña spent years working at a national insurance defense firm before joining Attorney911. He watched adjusters minimize claims. He saw how they train their people to lowball victims. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation.

This isn’t just a credential—it’s a genuine advantage for your case. When the insurance company makes an offer, Lupe knows whether it’s fair or whether they’re bluffing. He knows which tactics they’ll use next and how to counter them.

Multi-Million Dollar Results

Our documented case results include:

We’re currently litigating a $10 million lawsuit against a major university for hazing-related injuries, demonstrating our capacity to handle complex, high-stakes litigation against well-funded defendants.

24/7 Availability and Spanish Language Services

We answer trucking accident calls immediately—day or night, weekends and holidays. When you’ve been hit by an 18-wheeler, you can’t wait for business hours.

For our Spanish-speaking clients in Seward County and throughout Nebraska, Lupe Peña provides direct representation without interpreters. Hablamos Español. Llame al 1-888-ATTY-911.

Three Office Locations Serving Seward County

With offices in Houston, Austin, and Beaumont, we serve trucking accident victims across Texas and beyond. For Seward County, Nebraska clients, we offer remote consultations and travel to your location for your case. Our federal court experience means we can represent you in Seward County regardless of where our physical offices are located.

The Attorney911 Difference: What Our Clients Say

Don’t just take our word for it. Here’s what our clients have said about working with Attorney911:

Chad Harris: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Donald Wilcox: “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.”

Glenda Walker: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”

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

Kiimarii Yup: “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.”

Angel Walle: “They solved in a couple of months what others did nothing about in two years.”

These aren’t anonymous testimonials—they’re real people whose lives were changed by trucking accidents, and who found the help they needed at Attorney911.

Call Attorney911 Today: Your Fight Starts Now

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 is already at the scene, gathering evidence to protect their interests.

What are you doing?

Every hour you wait, evidence in your Seward County trucking accident case is disappearing. Black box data can be overwritten in 30 days. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company is building their defense, and the clock is ticking on your ability to fight back.

You need someone in your corner who knows how to win against the biggest trucking companies in America. Ralph Manginello has spent over 25 years doing exactly that. Lupe Peña knows every trick the insurance companies will try because he used to work for them. Our team has recovered over $50 million for families just like yours.

We work on contingency. You pay nothing unless we win. We advance all investigation costs. You never receive a bill from us.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.

Don’t let the trucking company win. Don’t let them push you around. Don’t let them pay you less than you deserve.

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

We’re available 24/7. We answer immediately. We fight relentlessly. We win.

Your case matters. Your family matters. You matter.

Attorney911. Because trucking companies shouldn’t get away with it.