When an 80,000-Pound Truck Changes Everything: Your Guide to 18-Wheeler Accident Claims in Union County, Iowa
The cornfields of Union County stretch for miles along Interstate 35, a vital artery connecting Des Moines to Kansas City and beyond. Every day, massive combines, grain haulers, and cross-country freight liners traverse these rural highways—80,000 pounds of steel and cargo sharing narrow shoulders with family sedans. When that weight shifts unexpectedly, or when a driver who’s been pushing past their hours-of-service limits drifts across the center line near Creston, the results are catastrophic.
If you’re reading this from a hospital room in Union County, or if you’re trying to make sense of paperwork while grieving a loss in rural Iowa, you’re facing more than just medical recovery. You’re facing a legal battle against trucking companies that have teams of lawyers already working to minimize your claim. Ralph Manginello has spent over 25 years—since 1998—fighting for families devastated by commercial truck accidents across the United States, including right here in Iowa’s agricultural heartland. Our firm, Attorney911, doesn’t just understand federal trucking regulations; we’ve made them the foundation of multi-million dollar victories against some of the largest carriers in North America.
Why Union County’s Highways Create Unique Dangers
Union County sits at the crossroads of Iowa’s agricultural economy and heavy freight traffic. Interstate 35 bisects the county, carrying everything from livestock transports to hazardous materials through communities like Creston and surrounding rural townships. When you add harvest season traffic, winter ice storms that sweep across the plains, and narrow county roads not designed for modern truck widths, you have a perfect storm for disaster.
Federal Motor Carrier Safety Administration (FMCSA) data shows that rural counties like Union experience a disproportionate number of fatal truck accidents. The reasons are specific to our geography: long emergency response times, limited trauma resources compared to urban centers, and the physics of 80,000-pound vehicles meeting oncoming traffic at highway speeds. Unlike fender-benders on city streets, these crashes often result in traumatic brain injuries, spinal cord damage, or wrongful death.
We know the Union County courts, the Iowa State Patrol’s crash investigation protocols, and the specific challenges of litigating in rural Iowa jurisdictions. But more importantly, we know that evidence in these cases disappears fast. Black box data can be overwritten in 30 days. Harvest season logbooks get “lost.” And trucking companies send rapid-response investigators to Union County accident scenes before families even know what happened.
The Attorney911 Advantage: Inside Knowledge Meets Rural Iowa Reality
When Ralph Manginello founded Attorney911, he built a firm that takes on Fortune 500 trucking companies with the personal attention of a small-town practice. With admission to the U.S. District Court for the Southern District of Texas and over two decades handling complex commercial vehicle litigation, Manginello brings federal court experience that proves critical when interstate commerce is involved—and since most trucks crossing Union County are engaged in interstate commerce, federal regulations apply.
But here’s what separates us from billboard lawyers who advertise in Iowa without ever setting foot here: Our associate attorney, Lupe Peña, spent years working inside a national insurance defense firm. He defended trucking companies and their insurers for a living. He knows exactly how adjusters evaluate claims in rural counties like Union, how they manipulate recorded statements, and how they pressure families to accept quick settlements before the full extent of injuries becomes apparent. Now he uses that insider knowledge to fight for you. When Lupe negotiates with the insurance company covering your Union County accident, he knows their playbook because he used to write it.
This insider advantage has helped us recover results like:
- $5+ million for a traumatic brain injury victim struck by falling equipment at a logging operation
- $3.8+ million for a client who suffered a partial leg amputation following a car accident complicated by medical treatment
- $2.5+ million in commercial truck crash recoveries
- Multi-million dollar settlements for families in wrongful death cases involving 18-wheelers
Currently, we’re litigating a $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity for hazing that caused rhabdomyolysis and kidney failure—a case that demonstrates our willingness to take on institutional defendants regardless of their resources. We’ve gone toe-to-toe with the world’s largest corporations, including our involvement in litigation against BP following the Texas City refinery explosion that killed 15 workers and injured 170 more.
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 family-first approach matters when you’re recovering in a place like Union County, far from major legal centers. We don’t treat you like a case number—we treat you like our own.
Understanding Iowa’s Legal Framework for Trucking Accidents
If your accident happened in Union County, Iowa law controls certain aspects of your case, even when federal regulations apply to the truck itself. You need an attorney who understands both.
Statute of Limitations: In Iowa, you have two years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, the clock also starts running at two years from the date of death. This might sound like plenty of time, but in trucking cases, waiting even weeks can be fatal to your claim. Critical evidence—the truck’s Electronic Logging Device (ELD), the driver’s qualification file, maintenance records—can be legally destroyed under normal FMCSA retention schedules if we don’t act immediately to preserve it.
Comparative Negligence: Iowa follows a modified comparative fault rule with a 51% bar. This means you can recover damages even if you were partially at fault for the accident, as long as you are not found to be 51% or more responsible. However, your recovery will be reduced by your percentage of fault. If the trucking company’s insurance adjuster claims you were 30% at fault for a crash on Iowa Highway 25, they’ll reduce your $1 million verdict to $700,000. We fight these allocations aggressively, using ECM data and accident reconstruction to prove the truck driver bore full responsibility.
Damage Caps: Unlike some states, Iowa does not cap compensatory damages in personal injury cases. This means there is no artificial limit on what you can recover for medical expenses, lost wages, pain and suffering, or loss of consortium. However, uninsured and underinsured motorist coverage minimums in Iowa may affect recovery options depending on the specific insurance stack available.
The Six Federal Regulations That Win Union County Trucking Cases
Every commercial truck rolling through Union County is subject to Title 49 of the Code of Federal Regulations (49 CFR). When trucking companies violate these rules, they create liability. Here are the six critical parts we investigate in every case:
49 CFR Part 390 – General Applicability: Establishes that these regulations apply to all commercial motor vehicles (CMVs) over 10,001 pounds operating in interstate commerce. This includes virtually every 18-wheeler on I-35.
49 CFR Part 391 – Driver Qualification: Trucking companies must maintain a Driver Qualification (DQ) File for every driver. This includes verifying the driver has a valid Commercial Driver’s License (CDL), passed a medical exam (under §391.41), has no disqualifying medical conditions, and has no history of safety violations that would make them unfit to drive. When we subpoena these files for Union County accidents, we often discover companies hired drivers with previous DUIs, sleep apnea diagnoses, or suspended licenses—classic negligent hiring.
49 CFR Part 392 – Driving Rules: This section prohibits operating while fatigued (§392.3), driving under the influence of drugs or alcohol (§392.4, §392.5), following too closely (§392.11), and using handheld mobile phones while driving (§392.82). Given the long, monotonous stretches of I-35 through Union County, distraction and fatigue violations are common culprits in local crashes.
49 CFR Part 393 – Vehicle Safety & Cargo Securement: Weigh stations along Iowa’s interstates check for compliance here. Regulations cover everything from brake systems (§393.40-55) to cargo securement (§393.100-136). Improperly secured grain loads or shifting livestock can cause rollovers that devastate passenger vehicles.
49 CFR Part 395 – Hours of Service (HOS): The most commonly violated regulations in rural trucking accidents. Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty. They cannot drive beyond the 14th consecutive hour after coming on duty. Since December 18, 2017, most trucks must use Electronic Logging Devices (ELDs) to track these hours. When a driver pushing to reach Des Moines from Kansas City violates these limits and causes a crash in Union County, the ELD data proves it—if we preserve it in time.
49 CFR Part 396 – Inspection & Maintenance: Drivers must conduct pre-trip inspections (§396.13) and companies must maintain systematic inspection records (§396.3). Brake problems contribute to approximately 29% of large truck crashes. When a carrier skimps on maintenance to save money, they become directly liable for the resulting injuries.
The Accident Types We See on Union County Roads
Not all 18-wheeler accidents are the same, and Union County’s geography creates specific risks:
Jackknife Accidents: When a truck driver slams on brakes on icy I-35 near the Union County line, the trailer can swing perpendicular to the cab, sweeping across all lanes. These often cause multi-car pileups in the winter months when black ice forms on rural stretches of highway.
Underride Collisions: Perhaps the most horrific accidents we handle. When a smaller vehicle rear-ends a truck and slides underneath the trailer, the roof of the car is often sheared off. While federal law requires rear impact guards (§393.86), many trucks have inadequate or damaged guards. Side underride has no federal guard requirement, making lane-change accidents on narrow county roads particularly deadly.
Rear-End Collisions: A fully loaded truck needs nearly two football fields to stop from highway speed. When a distracted driver follows too closely through Creston or fails to account for slowed traffic near agricultural equipment crossings, catastrophic injuries result.
Rollover Accidents: Union County’s rural two-lane highways and soft shoulders contribute to rollover crashes when drivers overcorrect or take turns too fast. Top-heavy grain trucks are particularly susceptible.
Wide Turn Accidents: Large trucks must swing wide to navigate corners in small Union County towns. When they fail to check blind spots or signal properly, they can crush passenger vehicles or pedestrians.
Cargo Spills: Iowa’s agricultural economy means trucks hauling liquid fertilizers, grain, and livestock through Union County. Improperly secured loads under §393.100 can spill across highways, causing secondary accidents.
Tire Blowouts: Heat buildup on long hauls, combined with underinflation or worn treads (below 4/32″ on steer tires per §393.75), can cause blowouts that send multi-ton vehicles careening into oncoming traffic.
Brake Failure: Poor maintenance under Part 396 leads to brake fade on the hills approaching the Missouri border or complete failure on descents into river valleys.
Who Can Be Held Liable in Your Union County Case?
Unlike typical car accidents where only one driver is at fault, 18-wheeler crashes often involve multiple liable parties, each with separate insurance policies:
The Truck Driver: Personally liable for negligence, distracted driving, HOS violations, or impairment.
The Trucking Company (Motor Carrier): Vicariously liable under respondeat superior for their employee’s actions. Directly liable for negligent hiring, negligent training, or negligent supervision. If they pressured the driver to violate hours of service to meet a delivery deadline in Des Moines, they committed direct negligence.
The Cargo Owner/Shipper: If a grain elevator in Union County overloaded the truck or failed to disclose hazardous properties of the cargo.
The Loading Company: Third-party companies that physically loaded the trailer may be liable for improper securement causing a shift in weight.
The Maintenance Company: If a third-party mechanic in Iowa performed negligent brake repairs or tire installations.
The Truck or Parts Manufacturer: Defective brake systems, steering mechanisms, or tires can trigger product liability claims.
The Freight Broker: Companies that arrange transportation but don’t own trucks may be liable for negligent carrier selection if they hired an unsafe trucking company to save money.
Government Entities: The Iowa Department of Transportation or Union County may bear responsibility for dangerous road design, inadequate signage, or failure to maintain safe road conditions—though sovereign immunity limits apply.
We investigate all these potentially liable parties. Why? Because trucking companies carry significant insurance—minimum $750,000 for general freight under federal law, $1 million for hazardous materials, and often $5 million in coverage. By identifying every liable party, we maximize the insurance pools available to compensate you fully.
The 48-Hour Evidence Crisis: Why You Must Act Immediately
Here’s something trucking companies don’t want Union County families to know: They have lawyers and rapid-response teams working against you within hours of the crash.
Critical evidence that could prove your case has a short shelf life:
- ECM/Black Box Data: Overwrites in as little as 30 days or when the truck is driven again
- ELD Logs: Required retention is only 6 months
- Dashcam Footage: Often deleted within days
- Driver Qualification Files: Can be “updated” to hide deficiencies
- Witness Statements: Memories fade; evidence disappears from rural roads quickly
When you call Attorney911 at 1-888-ATTY-911, we immediately send spoliation letters to the trucking company, their insurer, and all potentially liable parties. This legal notice puts them on notice that destroying evidence will result in severe sanctions, including adverse inference instructions to the jury (meaning the judge tells the jury to assume the destroyed evidence would have been unfavorable to the trucking company).
We’ve recovered cases that other firms rejected because they waited too long and evidence was lost. Don’t let that happen to your Union County case.
Catastrophic Injuries and Their Real Costs
The physics of an 80,000-pound truck striking a 4,000-pound car creates specific injury patterns:
Traumatic Brain Injury (TBI): From concussions requiring weeks of recovery to severe TBIs causing permanent cognitive impairment and personality changes. These cases often settle between $1.5 million to $9.8 million depending on severity and required lifetime care.
Spinal Cord Injuries: Paraplegia and quadriplegia requiring home modifications, wheelchairs, and 24-hour attendant care. Lifetime costs can exceed $4.7 million to $25.8 million.
Amputations: Whether traumatic (lost at the scene) or surgical (required due to crush injuries), prosthetics and rehabilitation create lifetime costs ranging from $1.9 million to $8.6 million.
Wrongful Death: When a trucking accident takes a loved one in Union County, Iowa law allows recovery for lost income, loss of consortium, mental anguish, and funeral expenses. These settlements often range from $1.9 million to $9.5 million for the death of a primary earner.
Unlike typical car accident cases with $30,000 policy limits, trucking cases have substantial federal insurance minimums, meaning these catastrophic injuries can actually be compensated rather than leaving families with unpaid medical bills.
Frequently Asked Questions About Union County Trucking Accidents
How much is my Union County trucking case worth?
There is no “average” because every case is unique. Factors include injury severity, medical costs, lost wages, pain and suffering, available insurance, and comparative fault. Given Union County’s agricultural economy, we also evaluate lost farm income and seasonal work impacts.
What if I was partially at fault for the accident in Iowa?
Under Iowa’s modified comparative negligence rule, you can recover as long as you are 50% or less at fault. Your recovery is reduced by your percentage of fault. We work with accident reconstructionists to minimize any fault attributed to you.
Should I talk to the trucking company’s insurance adjuster?
Absolutely not. Adjusters are trained to get recorded statements they can use against you. As client Glenda Walker learned when working with us, “They fought for me to get every dime I deserved.” You deserve someone protecting you, not the trucking company’s profits.
How long do I have to file a lawsuit in Iowa?
Two years from the date of the accident. But waiting even a few weeks can destroy critical evidence. Call 888-ATTY-911 within 48 hours if possible.
Do you handle cases for Spanish-speaking families in Union County?
Yes. Hablamos Español. Lupe Peña provides fluent Spanish representation without interpreters. Llame al 1-888-ATTY-911 para una consulta gratuita.
Will my case go to trial?
Most settle, but we prepare every case as if it’s going to trial. Insurance companies offer better settlements when they know you’re not afraid to go to court. Ernest Cano, another client, noted that our firm “will fight tooth and nail for you.” That reputation gets results at the negotiating table.
How do I afford an attorney if I’m out of work?
We work on contingency. You pay nothing unless we win. We advance all investigation costs, expert fees, and litigation expenses. The trucking company has lawyers billing hourly. You deserve the same level of representation without upfront costs.
Ready to Fight for Your Union County Recovery
The trucking company that hit you or your loved one has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. While you’re focusing on healing in Union County, they’re building a defense.
Since 1998, Ralph Manginello has leveled the playing field for families across the United States, from the Gulf Coast to the agricultural heartland of Iowa. With offices in Houston, Austin, and Beaumont, we have the resources to take on Fortune 500 carriers, and we offer remote consultations for Union County clients. We travel to Iowa when necessary, and we understand the unique challenges of litigating in rural jurisdictions.
Donald Wilcox, a client another firm rejected, told us: “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.” Kiimarii Yup, who lost everything in an accident, said that “1 year later I have gained so much in return plus a brand new truck” thanks to our firm’s work.
Your case matters. Your family matters. And the evidence is disappearing every day you wait.
Call Attorney911 now at 1-888-288-9911 for a free consultation.
We’re available 24/7 because trucking accidents don’t happen on business hours. Ralph Manginello and our team, including former insurance defense attorney Lupe Peña, are ready to fight for every dime you deserve.
Hablamos Español. Llame al 1-888-ATTY-911.
Don’t let the trucking company push you around. We push back harder.
Attorney911. Legal Emergency Lawyers™. Serving Union County, Iowa and communities nationwide.
