18-Wheeler Accident Attorneys in Sheridan County, Kansas
When 80,000 Pounds of Steel Changes Everything
The wheat fields of northwest Kansas stretch for miles along Highway 9, and during harvest season, the trucking traffic never stops. But when an 18-wheeler loses control on the rural highways surrounding Sheridan County, physics takes over—and your life changes in an instant. A fully loaded semi-truck can weigh up to 80,000 pounds. That’s twenty times heavier than the average passenger car. When that kind of mass collides with a family vehicle, the results are catastrophic.
We’ve seen it too many times. The call comes in from Hoxie or the surrounding Sheridan County communities. A truck driver fell asleep at the wheel on a long haul across Kansas. A grain hauler blew a tire on I-70. A cattle truck rolled over on a county road. Suddenly, you’re facing surgeries, months of rehabilitation, mounting medical bills, and a trucking company that’s already mobilized their rapid-response team to protect their interests.
For more than 25 years, Ralph Manginello has fought for trucking accident victims across the country, including right here in Sheridan County, Kansas. Our firm, Attorney911, has recovered over $50 million for families just like yours. We know the federal regulations these truckers violate. We know the evidence they try to hide. And we know how to make them pay.
If you’ve been hurt in a trucking accident in Sheridan County, you don’t have time to waste. The clock started ticking the moment the crash occurred. You need a team that moves fast and hits harder. Call 1-888-ATTY-911 right now.
Why Sheridan County Trucking Accidents Are Different
Sheridan County sits in the heart of Kansas wheat country, where agricultural trucking forms the backbone of the local economy. From late spring through fall, grain trucks, combine transport trailers, and livestock haulers traverse the county roads and Interstate 70 corridors. This isn’t just about long-haul interstate traffic—it’s about the unique dangers of rural agricultural trucking.
Trucking in northwest Kansas presents challenges you won’t find in urban environments. High winds sweep across the plains, creating dangerous crosswinds for high-profile trailers. Winter blizzards can strand truckers for hours, pushing them past federal driving limits. Harvest season brings a surge of inexperienced drivers operating heavy equipment on rural roads not designed for that volume of commercial traffic.
And here’s what the trucking companies don’t tell you: they know these risks exist, and they profit from pushing their drivers anyway. When a truck driver exceeds the 11-hour federal driving limit to get a load of wheat to market before prices drop, that’s not just a violation—it’s a choice that puts your family in danger.
Ralph Manginello has been handling these cases since 1998. With admission to federal court and deep experience in interstate commerce litigation, he understands the complexities that Sheridan County residents face when they’re hit by trucks operating across state lines. Our firm knows the difference between a simple car accident and a catastrophic trucking collision. We treat your case with the urgency and expertise it deserves.
The Attorney911 Advantage: Inside Knowledge That Wins
Most personal injury firms handle car accidents. They treat truck crashes like bigger car wrecks. That’s a costly mistake.
Trucking litigation requires specialized knowledge of Federal Motor Carrier Safety Regulations (FMCSA), complex insurance structures, and rapid evidence preservation. A standard fender-bender attorney won’t know to subpoena the Electronic Logging Device (ELD) data before it’s overwritten in 30 days. They won’t know to investigate the freight broker who hired an unsafe carrier to save a few dollars per mile.
At Attorney911, we bring something else to the table—insider knowledge of how insurance companies fight these claims. Our associate attorney, Lupe Peña, spent years working for a national defense firm. He sat in the meetings where adjusters learned how to minimize payouts to injured victims. He watched them train their teams to delay claims, deny liability, and pay pennies on the dollar.
Now, Lupe uses that insider knowledge against them. When he evaluates your case, he knows exactly which tricks the trucking company’s insurer will try to pull. He knows their valuation formulas, their settlement authority limits, and when they’re bluffing about going to trial. That advantage translates directly into higher settlements for our clients.
As client Chad Harris told us after his case settled, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” That’s the difference between a billboard lawyer who sees you as a file number and a dedicated team that treats you like family.
We also understand the unique needs of Kansas’s Hispanic community. Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español. Llame al 1-888-ATTY-911 para una consulta gratuita.
Kansas Law: What Sheridan County Victims Need to Know
Kansas follows a “modified comparative negligence” rule with a 50% bar. What does that mean for you? If you’re injured in a trucking accident in Sheridan County, you can recover damages if you’re less than 50% at fault for the crash. However, if a jury determines you were 50% or more responsible, you recover nothing. Even if you’re 49% at fault, your recovery is reduced by that percentage—so a $1 million verdict becomes $510,000.
This makes evidence preservation absolutely critical. The trucking company will argue you were at fault. They’ll claim you were speeding on Highway 9, or you didn’t yield at a rural intersection. Without hard evidence—ECM data showing the truck’s speed, ELD logs proving the driver was fatigued, dashcam footage—you’re at the mercy of their narrative.
Kansas also has a strict two-year statute of limitations for personal injury claims. While that might sound like plenty of time, in trucking cases, waiting even a few weeks can destroy your case. Black box data can be overwritten in as little as 30 days. Driver logs disappear. Witnesses move away from rural communities. The trucking company is building their defense right now, while you’re focused on healing.
Additionally, Kansas caps punitive damages (meant to punish reckless behavior) at the lesser of the defendant’s annual gross income or $5 million. While that sounds like a high number, major trucking companies have deep pockets. An experienced attorney knows how to maximize these damages when a company’s conduct was truly egregious—such as knowingly hiring a driver with multiple safety violations or falsifying maintenance records to save money.
Federal Regulations: The Rules They Break
Every 18-wheeler operating in Sheridan County must comply with Title 49 of the Code of Federal Regulations (CFR), specifically Parts 390 through 399. These aren’t suggestions—they’re federal laws. When trucking companies violate these regulations, they create liability that strengthens your case.
Hours of Service Violations (49 CFR Part 395)
The most commonly violated regulations in Kansas trucking accidents involve hours of service. Federal law limits property-carrying drivers to:
- 11 hours maximum driving time after 10 consecutive hours off duty (§ 395.8)
- 14-hour on-duty window—drivers cannot drive after the 14th consecutive hour after coming on duty (§ 395.8)
- 30-minute break required after 8 cumulative hours of driving (§ 395.8)
- 60/70 hour weekly limits—cannot drive after 60 hours in 7 days or 70 hours in 8 days (§ 395.8)
In agricultural areas like Sheridan County, harvest season creates immense pressure to violate these rules. When a grain hauler is racing to get wheat to the elevator before closing, or when a cattle hauler faces delays at processing facilities, drivers often push past these limits. The Electronic Logging Device (ELD) mandate (§ 395.20) requires automatic recording of this data, and it often proves the driver was fatigued when they claimed they weren’t.
Driver Qualification Standards (49 CFR Part 391)
Before a driver can operate a commercial motor vehicle, they must meet strict qualification standards under § 391.11. They must be at least 21 years old for interstate commerce, possess a valid Commercial Driver’s License (CDL), pass a physical examination every two years (§ 391.45), and maintain an English proficiency sufficient to read road signs and communicate with law enforcement.
The trucking company must maintain a Driver Qualification File (DQ File) containing the driver’s application, previous employer inquiries, driving record, medical certification, and drug test results (§ 391.51). We’ve seen cases where Kansas carriers failed to verify a driver’s history, only to discover they had previous accidents or license suspensions that should have barred them from operating an 80,000-pound vehicle.
Vehicle Maintenance and Inspection (49 CFR Part 396)
Brake failures cause approximately 29% of large truck crashes. Federal law requires systematic inspection, repair, and maintenance of commercial vehicles (§ 396.3). Drivers must conduct pre-trip inspections checking brakes, tires, lights, and cargo securement (§ 396.13). They must also complete post-trip inspection reports documenting any defects (§ 396.11).
During Kansas winters, brake systems face extreme stress. Moisture in air brake lines can freeze, causing catastrophic failure. If a trucking company deferred maintenance to save money during the slow winter months, and that brake failure caused your accident, that’s not just negligence—it’s a federal violation.
Cargo Securement (49 CFR Part 393)
Kansas agricultural trucking involves unique cargo securement challenges. Grain shifts. Livestock moves. Heavy equipment requires specialized tie-downs. Under § 393.100, cargo must be contained, immobilized, or secured to prevent shifting that affects vehicle stability or falling from the vehicle.
The regulations specify aggregate working load limits for tiedowns—at least 50% of cargo weight for loose cargo (§ 393.102). When a Kansas farmer loads a combine onto a lowboy trailer without proper securing, or when a grain hauler overloads beyond the vehicle’s capacity, they’re violating federal law. When that causes a rollover on a Sheridan County road, the liability extends to whoever loaded that cargo.
Types of 18-Wheeler Accidents in Sheridan County
Not all truck accidents are the same. The wide-open plains and agricultural economy of northwest Kansas create specific risks that differ from urban trucking corridors.
Jackknife Accidents
A jackknife occurs when the trailer swings perpendicular to the cab, often blocking multiple lanes of traffic. On rural Kansas highways like US-283 or K-9, there’s nowhere for oncoming traffic to go. Jackknives typically result from sudden braking on slick surfaces, improperly loaded trailers, or driver panic when encountering high winds.
The physics are brutal: an 80,000-pound trailer sweeping across the roadway at 65 mph creates a 70-foot-wide hazard. Drivers approaching from either direction have no time to react, especially at dawn or dusk when visibility is limited on these rural routes.
FMCSA regulations regarding brake adjustment (§ 393.52) and anti-lock braking systems (§ 393.55) are designed to prevent these accidents. When brakes are improperly maintained, the trailer locks up while the cab continues moving, causing the fold.
Rollover Accidents
Rollovers are particularly common in agricultural areas. Top-heavy grain trailers, shifting livestock, or improperly secured equipment create instability. When combined with Kansas wind gusts that can exceed 40 mph on the plains, the result is devastating.
A fully loaded grain truck rolling over on a county road near Hoxie or Selden doesn’t just injure the occupants—it spills tons of cargo, creating secondary hazards for other drivers. The cargo itself can bury vehicles or create slick surfaces that cause chain-reaction crashes.
Federal regulations require cargo to be secured to withstand forces of 0.8 g forward deceleration and 0.5 g lateral acceleration (§ 393.102). When loading companies ignore these standards to get trucks moving faster during harvest, they create deadly rollover risks.
Underride Collisions
Underride accidents occur when a smaller vehicle slides underneath the trailer, often shearing off the passenger compartment at windshield level. These are among the most fatal accidents possible.
While federal law requires rear impact guards on trailers manufactured after January 26, 1998 (§ 393.86), these guards often fail or are missing on older equipment. Moreover, there is no federal requirement for side underride guards, despite the fact that side underride accidents are just as deadly as rear impacts.
When a Kansas driver slides under a trailer in fog conditions common to the plains, or at night on poorly lit rural highways, the results are often fatal. Multi-million dollar verdicts in these cases often involve manufacturers who knew their trailers were death traps but failed to install side guards.
Rear-End Collisions
An 18-wheeler requires nearly 40% more stopping distance than a passenger car—about 525 feet at highway speeds. When a distracted or fatigued truck driver follows too closely on Interstate 70 through Sheridan County, rear-end collisions result.
These accidents often cause traumatic brain injuries, spinal cord damage, and wrongful death. The massive height differential between a truck’s bumper and a car’s rear window means the truck often rides up over the passenger compartment, crushing the occupants.
FMCSA regulations specifically prohibit following too closely (§ 392.11) and mandate that drivers must be able to stop within the assured clear distance ahead. When ELD data shows a truck was following too closely or when ECM data reveals the driver never braked until impact, the trucking company is liable.
Wide Turn Accidents
The “squeeze play” occurs when a truck swings wide to make a right turn, creating a gap that passenger vehicles enter. The truck then completes its turn, crushing the vehicle against the curb or another object.
In rural Kansas, these accidents often occur at unmarked intersections or when farm equipment is turning onto county roads. Truck drivers must signal their intentions and check mirrors before executing wide turns. Failure to do so violates § 392.11 regarding lane changes and safe operation.
Tire Blowout Accidents
Kansas summers bring extreme heat, and winters bring frigid temperatures—both of which stress truck tires. A blowout on a steer tire (front tire) can cause immediate loss of control.
Federal regulations require tires to have tread depths of at least 4/32 inch on steer tires and 2/32 inch on other positions (§ 393.75). They must also be properly inflated and free from damage. When a trucking company fails to maintain tires to save money, and a blowout causes a jackknife or rollover, we obtain the maintenance records to prove negligence.
Brake Failure Accidents
Brake problems contribute to approximately 29% of large truck crashes. In Kansas, where long hauls and mountain-grade descents (such as the Flint Hills region) create brake heating issues, failure to properly adjust and maintain brake systems is deadly.
Federal law requires automatic or manual slack adjusters to maintain proper brake adjustment (§ 393.48). Air brake systems must undergo specific inspections. When a truck careens down a grade because brakes failed, and post-accident inspection reveals out-of-service violations, the evidence is clear.
Who Can Be Held Liable? (It’s Not Just the Driver)
One of the biggest mistakes people make after a trucking accident is assuming only the driver is responsible. In reality, commercial trucking involves a web of companies and relationships, each with potential liability and insurance coverage.
The Truck Driver
The individual behind the wheel may be liable for negligent driving—speeding, distraction, fatigue, or impairment. However, drivers often lack sufficient insurance to cover catastrophic injuries. That’s why we look deeper.
The Trucking Company (Motor Carrier)
Under the doctrine of respondeat superior, employers are responsible for their employees’ negligent acts within the scope of employment. But trucking companies can also be directly negligent for:
- Negligent hiring: Failing to verify the driver’s CDL status, medical certification, or safety history
- Negligent training: Putting inexperienced drivers on the road without proper training
- Negligent supervision: Failing to monitor ELD data for hours-of-service violations
- Negligent maintenance: Deferring repairs to save money
We subpoena the company’s Driver Qualification Files, training records, and maintenance logs. In one case involving a Kansas carrier, we discovered the company had failed to obtain the driver’s previous employment history—where he had been fired for causing a fatal accident. That discovery transformed a difficult case into a multi-million dollar settlement.
The Cargo Owner and Loading Company
In agricultural areas like Sheridan County, the farmer or elevator that loads the truck may be liable. If they overloaded the trailer causing a rollover, or failed to secure cargo causing a spill, they share responsibility.
Federal cargo securement regulations (§ 393.100-136) apply to loaders as well as drivers. When a grain elevator overfills a trailer to maximize profit, knowing it exceeds weight ratings, they’re liable for the resulting crash.
Freight Brokers
Freight brokers match shippers with carriers, but they often cut corners by hiring the cheapest available truck—regardless of safety records. When a broker negligently selects a carrier with poor CSA scores or no insurance, they can be held liable for the damages that result.
Truck and Parts Manufacturers
Defective brakes, steering components, or tires can cause accidents even when the driver did nothing wrong. Product liability claims against manufacturers don’t require proving negligence—only that the product was defective and caused the injury.
We’ve handled cases where tire blowouts resulted from manufacturing defects, where brake systems failed due to design flaws, and where trailers lacked proper underride protection. These cases often result in substantial settlements because manufacturers carry high liability limits and fear punitive damages.
Maintenance Companies
Third-party mechanics who service trucking fleets can be liable for negligent repairs. If a mechanic failed to identify critical brake defects, or improperly installed a component that later failed, they share in the liability.
Government Entities
When dangerous road design contributes to an accident—such as inadequate signage for truck traffic on rural Kansas roads, dangerous intersection geometry, or failure to maintain pavement—the state or county may share liability. These cases involve special notice requirements and shorter deadlines, making immediate legal consultation essential.
Catastrophic Injuries: The Human Cost
18-wheeler accidents don’t cause bruises and sprains—they cause catastrophic, life-altering injuries. The force of an 80,000-pound vehicle striking a 4,000-pound car creates trauma that emergency rooms in Hoxie and even regional trauma centers in Hays or Salina struggle to treat.
Traumatic Brain Injury (TBI)
TBI occurs when the brain impacts the inside of the skull or when penetrating trauma damages brain tissue. Symptoms include loss of consciousness, confusion, memory loss, personality changes, and cognitive deficits.
TBI cases often settle for $1.5 million to $9.8 million, depending on severity. These funds aren’t windfalls—they pay for lifelong care. Moderate to severe TBI victims may never work again. They require caregivers, ongoing rehabilitation, and home modifications. As Glenda Walker said after we settled her case, “They fought for me to get every dime I deserved.”
Spinal Cord Injury and Paralysis
When the spinal cord is severed or compressed, victims face paraplegia (loss of leg function) or quadriplegia (loss of all four limbs). Lifetime care costs can exceed $4.7 million to $25.8 million, depending on the level of injury and age of the victim.
Kansas winters create additional challenges for spinal cord injury survivors—wheelchair accessibility in snow, home heating costs for medical equipment, and transportation to therapies in rural areas. These factors increase the value of your claim.
Amputation
Crushing injuries common in underride and override accidents often necessitate amputation of limbs. Modern prosthetics cost $5,000 to $50,000 each and require replacement every few years. Phantom limb pain, body image trauma, and loss of career options justify settlements ranging from $1.9 million to $8.6 million.
Severe Burns
When fuel tanks rupture or hazmat cargoes spill, fires cause severe burns requiring skin grafts, reconstructive surgery, and lifelong pain management. Burns covering more than 20% of the body often result in settlements exceeding $2 million.
Wrongful Death
When a trucking accident kills a loved one, Kansas law allows wrongful death claims by surviving family members. While no amount of money replaces a spouse or parent, these claims recover lost income, funeral expenses, loss of consortium (companionship and guidance), and mental anguish. Wrongful death settlements typically range from $1.9 million to $9.5 million, depending on the decedent’s age, earning capacity, and family circumstances.
The Evidence That Wins Cases (And Why It Disappears Fast)
Trucking companies don’t play fair. Within hours of an accident, they dispatch “rapid response teams”—lawyers, investigators, and experts—whose sole job is to protect the company, not to help you. They arrive while you’re still in the hospital. They photograph the scene before police finish their investigation. And they begin documenting everything in a way that minimizes their liability.
Meanwhile, the evidence you need to prove your case is disappearing.
Black Box Data (ECM/EDR)
Commercial trucks contain Electronic Control Modules (ECM) that record data similar to an airplane’s black box. This data captures:
- Speed before and during the crash
- Brake application timing and pressure
- Throttle position
- Cruise control status
- Engine RPMs
- GPS location history
This objective data often contradicts the driver’s testimony. We’ve had cases where drivers claimed they were going 55 mph in a 65 zone, but ECM data showed they were traveling at 72 mph when they lost control. That difference proves negligence.
However, ECM data can be overwritten in as little as 30 days, or sooner if the truck continues operating. Some trucks only retain 30 days of data; others overwrite the buffer after a certain number of ignition cycles. We send spoliation letters within 24 hours of being retained to preserve this evidence.
Electronic Logging Devices (ELDs)
Since December 18, 2017, federal law requires most commercial trucks to use ELDs that automatically record hours of service. Unlike old paper logs that drivers could falsify, ELDs synchronize with the engine to record actual driving time.
When we download ELD data, we often find violations of the 11-hour driving limit or the 14-hour on-duty window. We discover drivers who claimed they were resting but were actually moving. This data proves driver fatigue—a factor in 31% of fatal truck crashes.
FMCSA only requires carriers to retain ELD data for six months. After that, it can be deleted. The sooner you hire an attorney, the sooner we can obtain this critical evidence.
Driver Qualification Files
Federal law requires trucking companies to maintain extensive files on each driver, including:
- Employment applications
- Previous employer inquiries (§ 391.23)
- Medical examiner’s certificates
- Drug and alcohol test results
- Annual driving record reviews
- Road test certificates
These files often reveal that the driver never should have been behind the wheel. We’ve found drivers hired despite multiple DUIs, drivers with fraudulent medical certificates obtained from shady clinics, and drivers who failed drug tests but were never terminated.
Without a spoliation letter, there’s nothing preventing the trucking company from “losing” these files or removing incriminating documents.
Maintenance Records
Trucking companies must retain maintenance records for one year (§ 396.3). These records reveal whether the company knew about defective brakes, worn tires, or lighting violations but chose to keep the truck on the road to save money.
We also obtain inspection reports from roadside inspections conducted by the Kansas Highway Patrol or FMCSA. A pattern of out-of-service violations indicates a company culture that prioritizes profit over safety—evidence that supports punitive damages.
Dashcam and Security Footage
Many trucks now carry dashcams facing forward and into the cab. These cameras capture the moments before a crash—did the driver appear fatigued? Was he on his phone? Did he violate traffic laws?
Additionally, businesses along the route may have security cameras that captured the accident. Kansas businesses typically overwrite surveillance footage every 7 to 30 days. We contact these businesses immediately to preserve video before it’s deleted.
Cell Phone Records
Federal law prohibits truck drivers from using hand-held mobile phones while operating commercial vehicles (§ 392.82). When we suspect distracted driving, we subpoena the driver’s cell phone records. These records show calls, texts, and data usage at the time of the crash. A text sent two minutes before impact proves the driver wasn’t paying attention.
Why You Need a Sheridan County Trucking Accident Attorney (Not Just Any Lawyer)
After a trucking accident, the insurance adjuster may tell you that you don’t need a lawyer. They’ll say they want to “take care of you” and make a fair offer. Here’s what they’re not telling you: insurance companies make money by paying you as little as possible. Their adjusters are trained to get you to say things that hurt your case, to delay until you’re desperate, and to offer settlements that don’t cover your future medical needs.
In Sheridan County, you have options for legal representation. But not all attorneys are equipped to handle commercial trucking cases. Here’s why Attorney911 is different:
We Understand Federal Trucking Law
Most personal injury attorneys handle car accidents. They know state traffic law. But trucking cases require expertise in the Federal Motor Carrier Safety Regulations—49 CFR Parts 390-399. We know these regulations cold. We know that a violation of § 395.8 (hours of service) or § 393.48 (brake systems) isn’t just a technicality—it’s proof of negligence per se.
We Have Inside Knowledge of Insurance Tactics
Lupe Peña, our associate attorney, used to work for the insurance companies. He knows how they evaluate claims, what triggers them to settle, and when they’re bluffing. That insider advantage means we don’t waste time on lowball offers. We build cases that force insurers to pay full value.
As Donald Wilcox told us after another firm rejected his case, “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.” We take the cases other firms won’t touch—and we win them.
We Have Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas and has 25+ years of experience in federal litigation. Many trucking cases belong in federal court because they involve interstate commerce. Having an attorney who knows federal procedure, federal evidence rules, and federal judges gives you an advantage from day one.
We Handle Catastrophic Injury Cases
We’ve recovered multi-million dollar settlements for traumatic brain injuries, spinal cord damage, amputations, and wrongful death. We know how to calculate lifetime care costs, lost earning capacity, and non-economic damages like pain and suffering. We don’t settle for pennies—we fight for every dime you deserve.
We’re Available 24/7
Trucking accidents don’t happen on a schedule. Neither should your legal help. Call 1-888-ATTY-911 any time, day or night. We’ll answer. If you’re hospitalized in Hays or Salina, we’ll come to you. If you can’t travel due to your injuries, we’ll handle everything remotely.
We Offer Spanish-Language Services
Kansas’s Hispanic community deserves legal representation without language barriers. Lupe Peña provides fluent Spanish services. You won’t need an interpreter—you’ll communicate directly with your attorney. Hablamos Español.
Frequently Asked Questions About 18-Wheeler Accidents in Sheridan County
How long do I have to file a lawsuit after a trucking accident in Kansas?
You have two years from the date of the accident to file a personal injury lawsuit in Kansas. However, you should never wait that long. Critical evidence—black box data, ELD logs, witness statements—disappears within weeks or months. The trucking company is building their defense right now. Call us immediately.
What if I was partially at fault for the accident?
Kansas follows a modified comparative negligence rule with a 50% bar. If you were less than 50% at fault, you can recover damages, but your award is reduced by your percentage of fault. For example, if you’re found 20% at fault and your damages are $1 million, you recover $800,000. If you’re 50% or more at fault, you recover nothing. This makes evidence preservation critical—we need to prove the truck driver was primarily responsible.
How much is my case worth?
Every case is unique. Factors include the severity of your injuries, your medical expenses (past and future), lost wages and earning capacity, pain and suffering, and the available insurance coverage. Trucking companies carry higher insurance than passenger vehicles—typically $750,000 to $5 million. We’ve recovered settlements ranging from hundreds of thousands to millions, depending on the specifics. We can’t promise a specific amount, but we can promise we’ll fight for the maximum available.
Will my case go to trial?
Most trucking accident cases settle before trial—roughly 95% of personal injury cases settle out of court. However, we prepare every case as if it’s going to trial. Insurance companies offer better settlements to lawyers who are willing and able to try cases. Our reputation for aggressive litigation means we often settle for full value without ever stepping into a courtroom. But if the trucking company won’t offer a fair settlement, Ralph Manginello has the trial experience to take your case to a jury.
How much does it cost to hire a trucking accident attorney?
Nothing upfront. We work on a contingency fee basis. That means we collect a percentage of your recovery—typically 33.33% if settled before trial, 40% if we go to trial—only if we win. You never pay out of pocket. We advance all costs of investigation, expert witnesses, and litigation. If we don’t recover money for you, you owe us nothing.
What if the trucking company contacts me directly?
Do not speak with them. Do not give a recorded statement. Do not sign anything. The trucking company’s insurance adjuster is not your friend. They are trained to minimize claims. Refer all contact to your attorney. Anything you say can and will be used to reduce your settlement.
Can I afford medical treatment if I don’t have insurance?
Yes. We can refer you to medical providers who treat patients on a “Letter of Protection” basis. This means they treat you now and get paid when your case settles. You don’t need to pay upfront for the care you need. Additionally, your own auto insurance may have Personal Injury Protection (PIP) or MedPay coverage that covers initial treatment regardless of fault.
What if the truck driver was an independent contractor?
Even if the driver is an independent contractor, the trucking company may still be liable under several theories. First, companies are responsible for the negligence of their independent contractors in many jurisdictions. Second, under federal regulations (§ 390.5), a company that exercises control over the driver is responsible. Third, we investigate whether the driver was truly independent or misclassified to avoid liability. Finally, owner-operators carry their own insurance, providing another source of recovery.
How do you prove the driver was fatigued?
We obtain ELD data showing hours of service violations. We review dispatch records showing impossible delivery schedules. We analyze toll records, fuel receipts, and GPS data to prove the driver was on the road longer than legally permitted. We also hire human factors experts who can testify about the effects of fatigue on driver performance.
What happens to the evidence if I wait too long?
It disappears. ECM data overwrites. ELD data is purged after six months. Dashcam footage is deleted. Witnesses move away or forget details. The truck gets repaired or sold for scrap. Once evidence is gone, it’s gone forever. That’s why the 48-hour rule is so important—contact an attorney immediately so we can send preservation letters and secure critical evidence.
Do I really need a lawyer, or can I handle this myself?
Trucking companies have teams of lawyers. They have investigators. They have insurance adjusters whose job is to pay you nothing. The federal regulations governing trucking are hundreds of pages long. The insurance policies have complex exclusions. Without an attorney who knows this area of law, you’re bringing a knife to a gunfight. Statistics show that people with attorneys receive settlements three to four times higher than those who represent themselves, even after attorney fees are deducted.
What if I don’t live in Sheridan County anymore?
That’s fine. If the accident occurred in Sheridan County, Kansas, or if the trucking company operated here, we can handle your case regardless of where you currently live. We represent clients across Kansas and throughout the United States. With offices in Houston, Austin, and Beaumont, Texas, we have the resources to handle cases nationwide, and we travel when necessary.
How is fault determined in a trucking accident?
Fault is determined through evidence: police reports, witness statements, physical evidence from the scene, ECM data, ELD logs, driver qualification files, maintenance records, and expert analysis. In Kansas, if you are found 50% or more at fault, you cannot recover. We work to prove the truck driver and company were primarily responsible through detailed investigation and aggressive discovery.
What if the trucking company is from out of state?
Federal law allows you to sue out-of-state trucking companies in Kansas if the accident occurred here. We regularly sue carriers from Texas, Oklahoma, Nebraska, and beyond. Our federal court experience and multi-state bar admissions (Ralph Manginello is admitted in Texas and New York) allow us to handle complex jurisdictional issues without difficulty.
Can I get punitive damages?
Possibly. Kansas allows punitive damages to punish reckless or intentional misconduct, but caps them at the lesser of the defendant’s annual gross income or $5 million. Punitive damages are available when the trucking company knowingly put a dangerous driver on the road, falsified logs, destroyed evidence, or showed conscious indifference to safety. We investigate every case for evidence supporting punitive damages.
What should I bring to my first meeting?
Bring whatever you have: the police report, photos from the scene, witness contact information, medical records and bills, insurance information, and your own notes about what happened. If you don’t have these things, don’t worry—we’ll gather them. The most important thing is that you come prepared to tell your story honestly.
The Clock Is Ticking: Call Now to Protect Your Rights
In Sheridan County, Kansas, you have two years to file a lawsuit. But in the world of trucking litigation, you have 48 hours to preserve the evidence that wins your case.
The trucking company has already called their lawyers. Their insurance adjuster is already reviewing the policy for ways to deny your claim. Their investigator may have already visited the scene. While you focus on healing, they’re focused on minimizing what they owe you.
You need a team that moves just as fast. At Attorney911, we send spoliation letters within 24 hours of being retained. We preserve the black box data. We secure the driver files. We lock down the evidence before it disappears.
Ralph Manginello has spent over 25 years fighting for victims just like you. We’ve stood toe-to-toe with Fortune 500 corporations like BP in the Texas City explosion litigation. We’re currently litigating a $10 million lawsuit against a major university for hazing injuries. We’ve recovered millions for truck accident victims, including settlements for traumatic brain injury, amputation, and wrongful death.
But none of that matters if you wait too long to call.
If you’ve been hurt in an 18-wheeler accident in Sheridan County, Kansas, don’t let the trucking company win. Don’t settle for less than you deserve. Don’t let them destroy the evidence that proves they were at fault.
Call Attorney911 now at 1-888-ATTY-911.
We’re available 24 hours a day, 7 days a week. We offer free consultations. We work on contingency—you pay nothing unless we win. And we’ll treat you like family, not a file number. As Chad Harris said, “You are FAMILY to them.”
Don’t wait. The evidence is disappearing. The statute of limitations is running. And the trucking company is building their defense.
Call 1-888-ATTY-911 now.
Hablamos Español. Llame hoy al 1-888-ATTY-911 para una consulta gratuita.