18-Wheeler Accidents in Texas: Your Complete Guide to Justice and Compensation

When 80,000 Pounds Changes Your Life in an Instant

You were driving to work on I-10, taking the kids to school on Loop 610, or heading home after a long day on US-59. Then it happened. An 18-wheeler jackknifed across three lanes. A truck’s brakes failed on a Houston freeway exit ramp. A driver fell asleep at the wheel and crossed the median. In that moment, your life changed forever.

Texas highways see more truck traffic than any other state in America. With over 500,000 commercial trucks registered in Texas and millions more passing through our ports and interstates daily, the risk is constant. When these massive vehicles collide with passenger cars, the results are often catastrophic – traumatic brain injuries, spinal cord damage, amputations, or wrongful death.

If you or a loved one has been injured in a Texas 18-wheeler accident, you need more than just a lawyer. You need a team that understands the unique challenges of trucking litigation – the federal regulations, the corporate defendants, the insurance company tactics, and most importantly, how to fight for the maximum compensation you deserve.

At Attorney911, we’ve been fighting for Texas truck accident victims for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts against some of the largest trucking companies in America. Our team includes a former insurance defense attorney who knows exactly how trucking companies try to minimize claims – and how to stop them.

This comprehensive guide will explain everything you need to know about 18-wheeler accidents in Texas, from the immediate steps to take after a crash to the complex legal process of holding trucking companies accountable. We’ll cover the most common causes of truck accidents, the catastrophic injuries they cause, the federal regulations that trucking companies violate, and how we build cases that win.

Why Texas 18-Wheeler Accidents Are Different

Texas isn’t just another state when it comes to trucking accidents – we’re ground zero for the trucking industry in America. Here’s why Texas cases require specialized expertise:

Texas Leads the Nation in Truck Traffic

500,000+ commercial trucks registered in Texas
Port of Houston – #1 in foreign tonnage, #2 in total tonnage in the U.S.
Laredo – busiest border crossing in the Western Hemisphere
I-35 corridor – primary NAFTA trade route carrying billions in goods annually
I-10 – critical Gulf Coast freight corridor
Permian Basin – massive oil field trucking operations

Unique Texas Challenges

Extreme heat causes frequent tire blowouts on Texas highways
Hurricane evacuations create dangerous traffic patterns
Oil field trucking brings specialized hazards
Port congestion leads to tight delivery schedules and driver fatigue
Long distances between services in rural areas
Complex urban interchanges like the I-10/I-45 “Crosby Freeway” junction

Texas-Specific Legal Considerations

2-year statute of limitations for personal injury claims
Modified comparative negligence – you can recover if less than 51% at fault
No cap on non-economic damages (unlike some other states)
Punitive damages available for gross negligence
Government entities may share liability for dangerous road conditions
Spanish language services essential for Texas’s diverse population

When you’re injured in a Texas 18-wheeler accident, you need attorneys who understand these unique factors – not just generic trucking lawyers. You need Texas lawyers who know Texas highways, Texas courts, and Texas trucking companies.

The Most Dangerous Texas Trucking Corridors

Texas has more truck traffic than any other state, but some areas are particularly dangerous:

Houston Area: The Nation’s Trucking Crossroads

I-10 – Houston to Beaumont corridor (heavy petrochemical traffic)
I-45 – Houston to Dallas (one of America’s deadliest highways)
US-59/I-69 – Houston to East Texas (major NAFTA route)
Loop 610 – Houston’s inner beltway (high congestion, tight turns)
Sam Houston Tollway (Beltway 8) – outer loop with heavy truck traffic
Port of Houston – massive container and bulk cargo operations
Ship Channel industrial corridor – petrochemical and hazardous materials transport

Dallas-Fort Worth: Texas’s Trucking Hub

I-35 – primary NAFTA corridor (Dallas to Laredo)
I-20 – East-West corridor (Dallas to Shreveport)
I-30 – Dallas to Fort Worth (heavy local and through traffic)
I-45 – Dallas to Houston (high fatality rate)
I-635 – LBJ Freeway (notorious congestion)
Alliance Global Logistics Hub – massive distribution center

San Antonio: The NAFTA Gateway

I-10 – San Antonio to El Paso (major freight route)
I-35 – San Antonio to Laredo (primary NAFTA corridor)
I-37 – San Antonio to Corpus Christi (heavy truck traffic)
Port San Antonio – growing logistics center

Other High-Risk Areas

I-20 – East Texas to Louisiana (heavy freight traffic)
I-40 – Amarillo to New Mexico (transcontinental route)
US-281 – San Antonio to the Rio Grande Valley (agricultural trucking)
US-75 – Dallas to Sherman (heavy commuter and truck traffic)
US-290 – Houston to Austin (growing freight corridor)

These corridors see the highest concentration of truck accidents in Texas. If your accident occurred on one of these routes, the trucking company may have a history of violations or accidents at that location.

Common Causes of Texas 18-Wheeler Accidents

Understanding what caused your accident is crucial to building your case. Trucking companies and their insurers will try to blame you – we know how to prove what really happened.

Driver Fatigue: The Silent Killer on Texas Highways

Fatigue is one of the leading causes of truck accidents, and Texas’s long distances and tight schedules make it particularly common here.

FMCSA Hours of Service Violations:

11-hour driving limit – Drivers cannot drive more than 11 hours after 10 consecutive hours off duty
14-hour duty window – Cannot drive beyond the 14th consecutive hour after coming on duty
30-minute break rule – Must take break after 8 cumulative hours of driving
60/70-hour weekly limit – Cannot drive after 60 hours in 7 days or 70 hours in 8 days
34-hour restart – Can reset weekly clock with 34 consecutive hours off duty

Texas-Specific Fatigue Factors:

Long hauls between major cities (Houston to Dallas, San Antonio to El Paso)
Port congestion delaying deliveries
Oil field operations with irregular schedules
Hurricane evacuation traffic creating extended driving periods
Extreme heat increasing fatigue risk

How We Prove Fatigue:

ELD (Electronic Logging Device) data
Driver’s log books (paper or electronic)
Dispatch records showing schedule pressure
Fuel receipts and toll records
GPS and telematics data
Driver’s cell phone records (late-night communication)
Witness statements about driver behavior

Distracted Driving: Texas Truckers and Their Phones

Distracted driving is dangerous for any driver, but when an 80,000-pound truck is involved, the consequences are catastrophic.

FMCSA Prohibitions:

Hand-held mobile phone use while driving (49 CFR § 392.82)
Texting while driving (49 CFR § 392.80)
Reaching for a device in a manner that requires leaving the seated position

Common Distractions in Texas Trucks:

Texting or talking on cell phones
Using dispatch communication devices
GPS navigation systems
Eating or drinking while driving
Adjusting climate controls or music
External distractions (billboards, accidents)

How We Prove Distraction:

Cell phone records showing usage at time of crash
ELD data showing erratic driving patterns
Dashcam footage (if available)
Witness statements about driver behavior
Social media activity
Dispatch communication records

Improper Maintenance: When Trucks Aren’t Roadworthy

Texas’s extreme heat, long distances, and heavy loads put tremendous stress on truck components. Proper maintenance is critical, but many companies cut corners to save money.

Common Maintenance Violations:

Brake failures – 29% of truck accidents involve brake problems
Tire blowouts – Extreme Texas heat increases blowout risk
Lighting failures – Critical for visibility on Texas highways
Steering system failures – Can cause loss of control
Coupling device failures – Can cause trailer separation
Worn or damaged components – Bushings, bearings, suspension parts

FMCSA Maintenance Requirements:

Systematic inspection and maintenance (49 CFR § 396.3)
Driver vehicle inspection reports (49 CFR § 396.11)
Annual inspections (49 CFR § 396.17)
Record retention (1 year for most records)

How We Prove Maintenance Negligence:

Maintenance records showing deferred repairs
Out-of-service inspection reports
Driver vehicle inspection reports (DVIRs)
Post-accident vehicle inspection
Expert analysis of failed components
Company safety records and CSA scores

Cargo Securement Failures: When Loads Become Deadly

Improperly secured cargo causes accidents in several ways:

Shifting loads that destabilize the truck
Falling cargo that strikes other vehicles
Overweight loads that exceed vehicle capacity
Hazardous materials spills

Texas-Specific Cargo Issues:

Oil field equipment transport
Agricultural products from the Rio Grande Valley
Containerized cargo from Houston ports
Wind turbine components for Texas wind farms
Heavy machinery for construction and energy sectors

FMCSA Cargo Securement Standards (49 CFR § 393.100-136):

Cargo must be contained, immobilized, or secured
Must withstand 0.8g deceleration forward, 0.5g acceleration rearward, 0.5g lateral
Specific requirements for different cargo types (logs, metal coils, machinery, etc.)
Minimum number of tiedowns based on cargo length and weight

How We Prove Cargo Securement Violations:

Cargo securement inspection photos
Bill of lading and loading documentation
Loading company records
Post-accident cargo condition
Expert analysis of securement system

Speeding and Reckless Driving: When Trucks Travel Too Fast

Speeding is dangerous for any vehicle, but for trucks it’s particularly hazardous due to their size and stopping distance.

Texas Speed Limits for Trucks:

75 mph on rural interstates (most common)
65-70 mph on urban interstates
Lower limits in construction zones
Minimum speed limits on some highways

Dangers of Speeding Trucks:

Longer stopping distances – 525 feet at 65 mph vs. 300 feet for cars
Increased rollover risk – especially on curves and ramps
Reduced reaction time – for avoiding obstacles or stopped traffic
Greater impact force – in collisions

How We Prove Speeding:

ECM (black box) data showing speed
ELD data showing driving patterns
GPS and telematics data
Skid mark analysis
Traffic camera footage
Witness statements

Drug and Alcohol Impairment: Texas’s Growing Problem

Despite strict regulations, drug and alcohol use among truck drivers remains a serious problem.

FMCSA Prohibitions:

Alcohol – 0.04 BAC limit (half of legal limit for passenger vehicles)
Controlled substances – including marijuana, cocaine, opioids, amphetamines
Any substance that impairs driving ability

Texas-Specific Drug Issues:

Prescription drug misuse (painkillers, anti-anxiety medications)
Marijuana use (despite federal prohibition)
Stimulant use to combat fatigue
Alcohol use during long layovers

How We Prove Impairment:

Post-accident drug and alcohol tests
Driver’s medical records
Prescription medication history
Witness statements about driver behavior
Cell phone records showing unusual activity
Previous violation history

Blind Spot Accidents: The “No-Zone” Danger

Trucks have massive blind spots where passenger vehicles disappear from the driver’s view. These “No-Zones” are responsible for many Texas truck accidents.

The Four No-Zones:

Front No-Zone – 20 feet directly in front of the cab
Rear No-Zone – 30 feet behind the trailer
Left Side No-Zone – Extends from the cab door backward
Right Side No-Zone – Extends from the cab door backward, much larger than the left side (MOST DANGEROUS)

Common Blind Spot Accidents:

Lane change accidents
Right turn accidents
Merging accidents
Highway entrance/exit accidents

How We Prove Blind Spot Accidents:

Mirror adjustment records
Driver training records
Dashcam footage
Witness statements
Vehicle positioning evidence
Expert reconstruction

Wide Turn Accidents: The “Squeeze Play” Danger

Trucks need to swing wide to make right turns, creating a dangerous gap that other vehicles often enter.

Why Trucks Make Wide Turns:

Trailers track inside the cab’s path
Need to avoid curbs, signs, and buildings
Must position for proper turning radius

Common Wide Turn Accident Scenarios:

Truck swings left before right turn, creating gap
Vehicle enters gap thinking truck is changing lanes
Truck completes turn, crushing vehicle in gap
Pedestrians or cyclists caught in turning path

How We Prove Wide Turn Negligence:

Turn signal activation data
Mirror condition and adjustment records
Driver training records
Witness statements
Surveillance footage
Roadway geometry analysis

Underride Accidents: The Deadliest Truck Crashes

Underride accidents occur when a passenger vehicle slides underneath a truck’s trailer, often shearing off the vehicle’s roof.

Types of Underride Accidents:

Rear underride – Vehicle strikes back of trailer
Side underride – Vehicle strikes side of trailer (no federal guard requirement)

FMCSA Underride Guard Requirements:

Rear impact guards required on trailers manufactured after 1/26/1998
Must prevent underride at 30 mph impact
NO federal requirement for side underride guards

Texas Underride Statistics:

Approximately 400-500 underride deaths annually in the U.S.
Many occur on Texas highways due to high truck volume
Side underride accidents particularly deadly

How We Prove Underride Negligence:

Underride guard inspection records
Guard installation and certification records
Post-accident guard condition analysis
Vehicle damage patterns
Expert reconstruction

Tire Blowouts: When Rubber Meets Texas Heat

Texas’s extreme heat and long distances make tire blowouts a common cause of truck accidents.

Texas Tire Blowout Factors:

Extreme heat – 100°F+ temperatures common in summer
Long distances – between service areas in West Texas
Heavy loads – especially in oil field and agricultural trucking
Poor maintenance – many companies cut corners on tire replacement

FMCSA Tire Requirements:

Minimum tread depth – 4/32″ on steer tires, 2/32″ on others
Proper inflation – critical for preventing blowouts
Matching duals – tires on same axle must match
Regular inspections – part of pre-trip inspection

How We Prove Tire Negligence:

Tire maintenance records
Tire age and wear documentation
Vehicle weight records
Post-accident tire analysis
Expert testimony on tire failure causes

Brake Failures: When Trucks Can’t Stop

Brake failures are a factor in 29% of large truck crashes, and Texas’s long downgrades make them particularly dangerous.

Texas-Specific Brake Issues:

Long mountain descents – in West Texas and Hill Country
Extreme heat – affects brake performance
Heavy loads – especially in oil field and port operations
Poor maintenance – many companies defer brake repairs

FMCSA Brake Requirements:

Service brakes on all wheels
Parking/emergency brake system
Air brake system requirements (for most trucks)
Brake adjustment limits
Regular inspections and maintenance

How We Prove Brake Negligence:

Brake inspection and maintenance records
Out-of-service inspection history
ECM data showing brake application
Post-accident brake system analysis
Expert testimony on brake failure causes

The Catastrophic Injuries from Texas 18-Wheeler Accidents

When an 80,000-pound truck collides with a passenger vehicle, the injuries are often catastrophic. These aren’t fender-benders – they’re life-altering events.

Traumatic Brain Injury (TBI): The Invisible Epidemic

TBI occurs when the brain is violently shaken or struck, causing damage that can be permanent and devastating.

TBI Severity Levels:

Mild (Concussion) – Brief loss of consciousness, confusion, headaches
Moderate – Extended unconsciousness, memory problems, cognitive deficits
Severe – Extended coma, permanent cognitive impairment

Common TBI Symptoms:

Headaches and dizziness
Memory loss and confusion
Difficulty concentrating
Mood changes and depression
Sleep disturbances
Sensory problems (vision, hearing)
Speech difficulties
Personality changes

Long-Term Consequences of TBI:

Permanent cognitive impairment
Inability to work
Need for ongoing care and supervision
Increased risk of dementia and Alzheimer’s
Depression and emotional disorders

Texas TBI Treatment Centers:

TIRR Memorial Hermann (Houston) – Nationally ranked rehabilitation
Baylor Scott & White Institute for Rehabilitation (Dallas) – Comprehensive TBI program
University of Texas Health Science Center (San Antonio) – Research and treatment
Texas NeuroRehab Center (Austin) – Specialized TBI rehabilitation
Methodist Rehabilitation Hospital (San Antonio) – Acute and long-term care

Spinal Cord Injury: When Movement Becomes a Memory

Spinal cord injuries often result in permanent paralysis, changing lives in an instant.

Types of Paralysis:

Paraplegia – Loss of function below the waist
Quadriplegia (Tetraplegia) – Loss of function in all four limbs
Incomplete Injury – Some nerve function remains
Complete Injury – No nerve function below injury

Level of Injury Matters:

C1-C4 – May require ventilator for breathing
C5-C8 – Varying degrees of arm function
T1-T12 – Full arm function, varying trunk control
L1-L5 – Some leg function may remain
S1-S5 – May retain bowel/bladder control

Lifetime Costs of Spinal Cord Injury:

High quadriplegia – $5 million+
Low quadriplegia – $3.5 million+
Paraplegia – $2.5 million+
Incomplete motor function – $1.7 million+

Texas Spinal Cord Injury Treatment Centers:

TIRR Memorial Hermann (Houston) – Comprehensive rehabilitation
Baylor Scott & White Institute for Rehabilitation (Dallas) – Specialized SCI program
Texas NeuroRehab Center (Austin) – Long-term rehabilitation
University of Texas Southwestern (Dallas) – Research and treatment
Methodist Rehabilitation Hospital (San Antonio) – Acute and long-term care

Amputation: When Limbs Are Lost in an Instant

Amputations can occur at the scene due to crushing injuries or may be necessary later due to severe damage.

Types of Amputation:

Traumatic amputation – Limb severed at the scene
Surgical amputation – Limb removed due to severe damage
Partial amputation – Some tissue remains
Complete amputation – Entire limb removed

Common Amputations in Truck Accidents:

Leg amputations (above or below knee)
Arm amputations (above or below elbow)
Finger or hand amputations
Foot or toe amputations

Ongoing Medical Needs After Amputation:

Initial surgery and hospitalization
Prosthetic limbs ($5,000 – $50,000+ each)
Replacement prosthetics throughout lifetime
Physical therapy and rehabilitation
Occupational therapy for daily living skills
Psychological counseling
Home modifications
Pain management

Texas Amputation Rehabilitation Centers:

TIRR Memorial Hermann (Houston) – Comprehensive rehabilitation
Baylor Scott & White Institute for Rehabilitation (Dallas) – Prosthetics and therapy
University of Texas Health Science Center (San Antonio) – Research and treatment
Texas NeuroRehab Center (Austin) – Long-term rehabilitation
The Institute for Rehabilitation and Research (Houston) – Specialized amputee program

Severe Burns: When Fire Follows Impact

Burns occur in truck accidents due to fuel tank ruptures, cargo fires, or electrical system damage.

Burn Classification:

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, may require amputation)

Common Causes of Burns in Truck Accidents:

Fuel tank ruptures and fires
Hazardous materials spills and ignition
Electrical system fires
Friction burns from road contact
Chemical burns from cargo spills

Long-Term Consequences of Severe Burns:

Permanent scarring and disfigurement
Multiple reconstructive surgeries
Skin graft procedures
Chronic pain
Infection risks
Psychological trauma

Texas Burn Treatment Centers:

Shriners Hospitals for Children (Galveston) – Pediatric burn care
University of Texas Medical Branch Burn Center (Galveston) – Adult burn care
Parkland Hospital Burn Center (Dallas) – Comprehensive burn treatment
Brooke Army Medical Center (San Antonio) – Military and civilian burn care
Memorial Hermann-Texas Medical Center (Houston) – Adult and pediatric burn care

Internal Organ Damage: The Hidden Killer

Internal injuries may not be immediately apparent but can be life-threatening.

Common Internal Injuries:

Liver laceration or rupture
Spleen damage requiring removal
Kidney damage
Lung contusion or collapse (pneumothorax)
Internal bleeding (hemorrhage)
Bowel and intestinal damage

Why Internal Injuries Are Dangerous:

May not show immediate symptoms
Internal bleeding can be life-threatening
Require emergency surgery
Organ removal affects long-term health

Texas Trauma Centers for Internal Injuries:

Ben Taub Hospital (Houston) – Level I trauma center
Memorial Hermann-Texas Medical Center (Houston) – Level I trauma center
Parkland Hospital (Dallas) – Level I trauma center
University Hospital (San Antonio) – Level I trauma center
John Peter Smith Hospital (Fort Worth) – Level I trauma center
University Medical Center (Lubbock) – Level I trauma center
Dell Seton Medical Center (Austin) – Level I trauma center

Wrongful Death: When Texas Families Lose Loved Ones

When a trucking accident kills a loved one, Texas law allows surviving family members to seek justice through wrongful death claims.

Who Can Bring a Wrongful Death Claim in Texas:

Surviving spouse
Children (minor and adult)
Parents (if no spouse or children)
Estate representative

Types of Wrongful Death Claims:

Wrongful Death Action – Compensation for survivors’ losses
Survival Action – Compensation for decedent’s pain/suffering before death

Damages Available in Texas Wrongful Death Cases:

Lost future income and benefits
Loss of consortium (companionship, care, guidance)
Mental anguish and emotional suffering
Funeral and burial expenses
Medical expenses incurred before death
Pain and suffering experienced by decedent before death
Punitive damages (if gross negligence)

Texas Statute of Limitations for Wrongful Death:

2 years from date of death to file lawsuit

Who’s Really Responsible? The Web of Liability in Texas Trucking Accidents

Unlike car accidents where typically only one driver is at fault, 18-wheeler accidents often involve multiple liable parties. Each additional defendant increases your potential recovery.

The Truck Driver: More Than Just a Negligent Operator

While the driver may have caused the accident, their actions are often the result of systemic failures by other parties.

Common Driver Negligence:

Speeding or reckless driving
Distracted driving (cell phone, dispatch communications)
Fatigued driving (HOS violations)
Impaired driving (drugs, alcohol)
Failure to conduct proper pre-trip inspections
Improper cargo securement
Failure to yield or obey traffic laws

Driver-Specific Evidence:

Driver’s license and CDL records
Driving record and history
Drug and alcohol test results
Cell phone records
Previous accident history
Training records

The Trucking Company: Where Most Negligence Occurs

Trucking companies are often the most important defendants because they have the deepest pockets and the most responsibility for safety.

Bases for Trucking Company Liability:

Vicarious Liability (Respondeat Superior):

The driver was an employee (not independent contractor)
Acting within the scope of employment
Performing job duties when accident occurred

Direct Negligence:

Negligent Hiring – Failed to check driver’s background, driving record, or qualifications
Negligent Training – Inadequate training on safety, cargo securement, hours of service
Negligent Supervision – Failed to monitor driver performance, ELD compliance
Negligent Maintenance – Failed to maintain vehicle in safe condition
Negligent Scheduling – Pressured drivers to violate HOS regulations
Negligent Retention – Kept dangerous drivers on the road despite violations

Trucking Company Evidence:

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
Previous accident/violation history
CSA (Compliance, Safety, Accountability) scores
Maintenance records
Insurance policies

Cargo Owner/Shipper: When Loads Create Danger

The company that owns the cargo and arranged for its shipment may share liability.

Bases for Shipper Liability:

Provided improper loading instructions
Failed to disclose hazardous nature of cargo
Required overweight loading
Pressured carrier to expedite beyond safe limits
Misrepresented cargo weight or characteristics
Failed to properly package hazardous materials

Shipper Evidence:

Shipping contracts and bills of lading
Loading instructions provided
Hazmat disclosure documentation
Weight certification records
Communication with carrier about delivery schedules

Cargo Loading Company: When Securement Fails

Third-party loading companies that physically load cargo onto trucks may be liable for improper securement.

Bases for Loading Company Liability:

Improper cargo securement (49 CFR 393 violations)
Unbalanced load distribution
Exceeding vehicle weight ratings
Failure to use proper blocking, bracing, tiedowns
Not training loaders on securement requirements
Using damaged or inadequate securement equipment

Loading Company Evidence:

Loading company securement procedures
Loader training records
Securement equipment used
Weight distribution documentation
Cargo securement inspection records

Truck and Trailer Manufacturer: When Defects Cause Crashes

Manufacturers of the truck, trailer, or major components may be liable for defects.

Bases for Manufacturer Liability:

Design defects – Brake systems, stability control, fuel tank placement
Manufacturing defects – Faulty welds, component failures
Failure to warn – Known dangers not disclosed
Defective safety systems – ABS, ESC, collision warning

Manufacturer Evidence:

Recall notices and technical service bulletins
Similar defect complaints (NHTSA database)
Design specifications and testing records
Component failure analysis
Expert testimony on defect causes

Parts Manufacturer: When Components Fail

Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products.

Bases for Parts Liability:

Defective brakes or brake components
Defective tires causing blowouts
Defective steering mechanisms
Defective lighting components
Defective coupling devices
Defective suspension components

Parts Manufacturer Evidence:

Failed component for expert analysis
Recall history for specific parts
Similar failure patterns
Manufacturing and quality control records

Maintenance Company: When Repairs Are Negligent

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs.

Bases for Maintenance Company Liability:

Negligent repairs that failed to fix problems
Failure to identify critical safety issues
Improper brake adjustments
Using substandard or wrong parts
Returning vehicles to service with known defects
Failure to follow manufacturer specifications

Maintenance Company Evidence:

Maintenance work orders
Mechanic qualifications and training
Parts used in repairs
Inspection reports and recommendations
Post-repair testing records

Freight Broker: When Unsafe Carriers Are Chosen

Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection.

Bases for Broker Liability:

Negligent selection of carrier with poor safety record
Failure to verify carrier insurance and authority
Failure to check carrier CSA scores
Selecting cheapest carrier despite safety concerns
Failure to monitor carrier performance

Broker Evidence:

Broker-carrier agreements
Carrier selection criteria
Carrier safety record at time of selection
Broker’s due diligence procedures
Carrier performance monitoring records

Truck Owner (If Different from Carrier): When Equipment Is Entrusted

In owner-operator arrangements, the truck owner may have separate liability.

Bases for Owner Liability:

Negligent entrustment of vehicle
Failure to maintain owned equipment
Knowledge of driver’s unfitness
Failure to ensure proper insurance coverage

Owner Evidence:

Lease agreements
Maintenance responsibility allocations
Owner’s knowledge of driver history
Owner’s insurance policies

Government Entity: When Roads Are Dangerous

Federal, state, or local government may be liable in limited circumstances.

Bases for Government Liability:

Dangerous road design that contributed to accident
Failure to maintain roads (potholes, debris, worn markings)
Inadequate signage for known hazards
Failure to install safety barriers
Improper work zone setup
Failure to address known dangerous intersections

Government Liability Special Considerations:

Sovereign immunity limits government liability
Strict notice requirements and short deadlines
Must prove actual notice of dangerous condition in many cases
Damages may be capped

Government Evidence:

Road design specifications
Maintenance records
Prior accident history at location
Citizen complaints about condition
Work zone setup documentation

The 48-Hour Evidence Preservation Protocol: Why Time Is Your Enemy

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.

Why 48 Hours Matters

Evidence Type	Destruction Risk
ECM/Black Box Data	Overwrites in 30 days or with new driving events
ELD Data	May be retained only 6 months
Dashcam Footage	Often deleted within 7-14 days
Surveillance Video	Business cameras typically overwrite in 7-30 days
Witness Memory	Fades significantly within weeks
Physical Evidence	Vehicle may be repaired, sold, or scrapped
Drug/Alcohol Tests	Must be conducted within specific windows
Driver Statements	Memories change with time and coaching

The Spoliation Letter: Your Legal Shield

What Is A Spoliation Letter?

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 the 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
Previous employer verification
Medical certification and exam records
Drug and alcohol test results (pre-employment and random)
Training records and certifications
Previous accident and violation history
Performance reviews and disciplinary records

Vehicle Records:

Maintenance and repair records
Inspection reports (pre-trip, post-trip, annual)
Out-of-service orders and repairs
Tire records and replacement history
Brake inspection and adjustment records
Parts purchase and installation records
Vehicle purchase and ownership 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
Accident register and investigation reports

Physical Evidence:

The truck and trailer themselves
Failed or damaged components
Cargo and securement devices
Tire remnants if blowout involved
Any other physical evidence from the scene

ECM/Black Box Data: The Truth Machine

What Is It?

Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.

Types of Electronic Recording:

System	What It Records
ECM (Engine Control Module)	Engine performance, speed, throttle, RPM, cruise control, fault codes
EDR (Event Data Recorder)	Pre-crash data triggered by sudden deceleration or airbag deployment
ELD (Electronic Logging Device)	Driver hours, duty status, GPS location, driving time
Telematics	Real-time GPS tracking, speed, route, driver behavior
Dashcam	Video of road ahead, some record cab interior

Critical Data Points:

Speed Before Crash: Proves speeding or excessive speed for conditions
Brake Application: Shows when and how hard brakes were applied
Throttle Position: Reveals if driver was accelerating or coasting
Following Distance: Calculated from speed and deceleration data
Hours of Service: Proves fatigue and HOS violations
GPS Location: Confirms route and timing
Fault Codes: May reveal known mechanical issues driver ignored

Why This Data Wins Cases:

ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.

FMCSA Record Retention Requirements

Minimum Retention Periods:

Record Type	Retention Period
Driver Qualification Files	3 years after termination
Hours of Service Records	6 months
Vehicle Inspection Reports	1 year
Maintenance Records	1 year
Accident Register	3 years
Drug Test Records (positive)	5 years
Drug Test Records (negative)	1 year

Why Our Spoliation Letter Extends These:

Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in:

Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
Sanctions and monetary penalties
Default judgment in extreme cases
Punitive damages for intentional destruction

The Catastrophic Costs of 18-Wheeler Accidents

The financial impact of a serious trucking accident can be devastating. Medical bills, lost income, and ongoing care costs can quickly reach millions of dollars.

Economic Damages: The Calculable Costs

Category	What’s Included	Texas Examples
Medical Expenses	Past, present, and future medical costs	Hospital bills, surgery, rehabilitation, medications, medical equipment
Lost Wages	Income lost due to injury and recovery	Salary, bonuses, benefits, self-employment income
Lost Earning Capacity	Reduction in future earning ability	Career limitations, early retirement, disability
Property Damage	Vehicle repair or replacement	Car repairs, rental cars, total loss value
Out-of-Pocket Expenses	Transportation to medical appointments, home modifications	Wheelchair ramps, vehicle modifications, home care services
Life Care Costs	Ongoing care for catastrophic injuries	In-home nursing, medical equipment, therapy

Non-Economic Damages: The Human Cost

Category	What’s Included	Texas Considerations
Pain and Suffering	Physical pain from injuries	Chronic pain, discomfort, limitations
Mental Anguish	Psychological trauma, anxiety, depression	PTSD, emotional distress, loss of enjoyment
Loss of Enjoyment	Inability to participate in activities	Hobbies, sports, family activities
Disfigurement	Scarring, visible injuries	Burns, amputations, facial injuries
Loss of Consortium	Impact on marriage/family relationships	Loss of companionship, intimacy, support
Physical Impairment	Reduced physical capabilities	Mobility limitations, chronic conditions

Punitive Damages: Punishing Gross Negligence

Punitive damages may be available when the trucking company or driver acted with:

Gross negligence
Willful misconduct
Conscious indifference to safety
Fraud (falsifying logs, destroying evidence)

Texas Punitive Damages Cap:

Greater of (2x economic damages + non-economic damages capped at $750,000) OR $200,000

Case Value Examples from Texas Courts

Injury Type	Case Value Range	Factors Affecting Value
Death (Wrongful Death)	$1,000,000 – $10,000,000+	Age, earning capacity, dependents, degree of negligence
Quadriplegia	$5,000,000 – $25,000,000+	Age, level of injury, care needs, degree of negligence
Paraplegia	$2,000,000 – $10,000,000+	Age, level of injury, care needs, degree of negligence
Traumatic Brain Injury	$1,000,000 – $10,000,000+	Severity, cognitive impact, long-term prognosis
Amputation	$1,000,000 – $8,000,000+	Type of amputation, prosthetic needs, career impact
Severe Burns	$500,000 – $5,000,000+	Degree of burns, scarring, number of surgeries
Multiple Fractures	$200,000 – $2,000,000+	Type and location of fractures, recovery time
Herniated Disc (Surgery)	$300,000 – $1,500,000+	Number of surgeries, long-term impact, career limitations
Soft Tissue Injuries	$15,000 – $100,000+	Treatment duration, impact on daily life

The Nuclear Verdict Trend: Why Trucking Companies Are Paying More

The trucking industry is experiencing a wave of “nuclear verdicts” – jury awards exceeding $10 million. These massive verdicts are changing the industry and increasing compensation for victims.

Recent Texas Nuclear Verdicts

Amount	Year	Location	Case Details
$730 Million	2021	Texas	Ramsey v. Landstar Ranger – Navy propeller oversize load killed 73-year-old woman; $480M compensatory + $250M punitive
$150 Million	2022	Texas	Werner Enterprises settlement – Two children killed on I-30; largest 18-wheeler settlement in US history
$37.5 Million	2024	Texas	Trucking verdict – Catastrophic injuries
$35.5 Million	—	Texas	Family injured in truck accident
$35 Million	2025	Fort Worth, TX	Largest verdict in Tarrant County history

Historic Nuclear Verdicts (Other States)

Amount	Year	Location	Case Details
$1 Billion	2021	Florida	I-95 fatality; $100M compensatory + $900M punitive; gross negligence in hiring
$462 Million	2024	St. Louis, MO	Underride decapitation; manufacturer liability
$411 Million	2020	Florida	45-vehicle pileup; motorcyclist severely injured
$160 Million	2024	Alabama	Daimler rollover left driver quadriplegic; $75M compensatory + $75M punitive
$141.5 Million	2023	Florida	Defunct carrier case

Why Nuclear Verdicts Happen

Juries award massive verdicts when they find:

Trucking company knowingly hired dangerous drivers
Company ignored safety violations for profit
Evidence was destroyed (spoliation)
Falsified hours-of-service logs
Pattern of similar violations
Corporate culture prioritizing profit over safety
Egregious disregard for human life

What This Means for Your Case

These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages – which strengthens settlement negotiations.

The Texas Legal Process: From Crash to Compensation

Understanding the legal process helps you know what to expect and how to protect your rights.

Step 1: Immediate Actions After the Accident

At the Scene:

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
Call an 18-wheeler accident attorney immediately

Within 24-48 Hours:

Contact Attorney911 at 1-888-ATTY-911
We’ll send spoliation letters to preserve evidence
Begin gathering medical records and accident documentation
Avoid posting on social media about the accident

Step 2: Investigation and Evidence Gathering

Phase 1: Immediate Response (0-72 Hours)

Accept case and send preservation letters same day
Deploy accident reconstruction expert to scene if needed
Obtain police crash report
Photograph client injuries with medical documentation
Photograph all vehicles before they are repaired or scrapped
Identify all potentially liable parties

Phase 2: Evidence Gathering (Days 1-30)

Subpoena ELD/black box data downloads
Request driver’s paper log books (backup documentation)
Obtain complete Driver Qualification File from carrier
Request all truck maintenance and inspection records
Obtain carrier’s CSA safety scores and inspection history
Order driver’s complete Motor Vehicle Record (MVR)
Subpoena driver’s cell phone records
Obtain dispatch records and delivery schedules

Phase 3: Expert Analysis

Accident reconstruction specialist creates crash analysis
Medical experts establish causation and future care needs
Vocational experts calculate lost earning capacity
Economic experts determine present value of all damages
Life care planners develop comprehensive care plans for catastrophic injuries
FMCSA regulation experts identify all violations

Step 3: Medical Treatment and Documentation

Follow all doctor’s orders and treatment plans
Attend all medical appointments
Document all symptoms and limitations
Keep records of all medical expenses
Follow up with specialists as recommended
Document how injuries affect daily life
Avoid activities that could worsen injuries

Step 4: Demand and Negotiation

Prepare comprehensive demand package
Calculate all economic and non-economic damages
Present evidence of liability and damages
Negotiate with insurance companies
Evaluate settlement offers
Prepare for litigation if fair settlement not offered

Step 5: Litigation

File lawsuit before statute of limitations expires (2 years in Texas)
Serve defendants with legal process
Conduct discovery (interrogatories, document requests, depositions)
Depose truck driver, dispatcher, safety manager, maintenance personnel
Retain expert witnesses
File motions to address legal issues
Prepare case for trial

Step 6: Resolution

Settlement: Most cases settle before trial through negotiation or mediation
Trial: Present case to jury if fair settlement not reached
Verdict: Jury decides liability and damages
Appeal: Either side may appeal if errors occurred

Common Timelines

Case Complexity	Typical Resolution Timeline
Straightforward Minor Injury	3-6 months
Moderate Injury with Extended Treatment	6-12 months
Serious Injury Requiring Surgery	12-24 months
Complex Litigation (Multiple Defendants)	18-36 months
Catastrophic Injury/Wrongful Death	24-48 months (often faster via settlement)

Why Choose Attorney911 for Your Texas 18-Wheeler Accident Case

When you’re injured in a trucking accident, you need more than just a lawyer – you need a team with the experience, resources, and determination to fight the trucking industry.

Our Experience: 25+ Years Fighting for Texas Truck Accident Victims

25+ years of courtroom experience since 1998
Federal court admission to the U.S. District Court, Southern District of Texas
$50+ million recovered for Texas families
Multi-million dollar settlements and verdicts in trucking cases
Experience against major trucking companies – Walmart, Coca-Cola, Amazon, FedEx, UPS, and more
BP Texas City explosion litigation involvement – one of few Texas firms involved in this $2.1 billion disaster case

Our Unique Advantage: Former Insurance Defense Attorney on Staff

Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. This gives us an insider’s view of how trucking companies and their insurers operate.

What Lupe’s Background Means for Your Case:

What He Learned	How It Helps You
How insurance companies VALUE claims	He knows their formulas and can maximize your recovery
How adjusters are TRAINED	He recognizes their manipulation tactics immediately
What makes them SETTLE	He knows when they’re bluffing and when they’ll pay
How they MINIMIZE payouts	He counters every tactic they use against you
How they DENY claims	He knows how to fight wrongful denials
Claims valuation software (Colossus, etc.)	He understands how algorithms undervalue your suffering

Our Track Record: Documented Results

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

Documented Settlements:

Case Type	Injury	Settlement Result
Workplace/Logging Accident	Traumatic Brain Injury + Vision Loss	$5+ Million
Car Accident + Medical Complication	Partial Leg Amputation (staph infection)	$3.8+ Million
Maritime/Jones Act	Back Injury (lifting cargo on vessel)	$2+ Million
Commercial Trucking	Truck Crash Recovery	$2.5+ Million
Trucking Wrongful Death	Fatal 18-wheeler accident cases	Millions (Multiple cases)

Active Major Case:

$10,000,000+ University of Houston Hazing Lawsuit (2025) – While not a trucking case, this demonstrates our ability to handle complex, high-stakes litigation against major institutions

Our Approach: Personal Attention with Proven Results

What Our Clients Say:

“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client

“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client

“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.”
— Donald Wilcox, Attorney911 Client

“Ralph Manginello is indeed the best attorney I ever had. He cares greatly about his results.”
— AMAZIAH A.T., Attorney911 Client

Our Client Satisfaction:

4.9-star average on Google (251+ reviews)
95%+ 5-star ratings
Praised for personal attention – not just case numbers
Fast resolution – many cases resolved within months
Maximum recovery – “fought for every dime”

Our Resources: The Tools to Win

Accident reconstruction experts to prove what happened
Medical experts to document injuries and future care needs
Vocational experts to calculate lost earning capacity
Economic experts to determine present value of damages
Life care planners for catastrophic injury cases
FMCSA regulation experts to identify violations
Former insurance defense attorney to counter insurer tactics
Federal court experience for complex cases

Our Commitment: Fighting for Maximum Compensation

We don’t just settle cases – we fight for maximum compensation. Our approach:

Thorough Investigation – We leave no stone unturned in gathering evidence
Aggressive Negotiation – We don’t accept lowball offers
Trial Preparation – We prepare every case as if it’s going to trial
Maximum Recovery – We pursue every liable party and every available dollar
Client Communication – We keep you informed every step of the way

Our Promise: No Fee Unless We Win

Free consultation – No cost to evaluate your case
Contingency fee – You pay nothing unless we win
No upfront costs – We advance all investigation and litigation expenses
You keep the recovery – After our fee and expenses are paid

What to Do Right Now: Your 48-Hour Action Plan

If you or a loved one has been injured in a Texas 18-wheeler accident, follow this action plan to protect your rights and your case.

Step 1: Call Attorney911 Immediately

1-888-ATTY-911 (1-888-288-9911)

We answer 24/7. The sooner you call, the sooner we can:

Send spoliation letters to preserve evidence
Begin investigating your case
Protect you from insurance company tactics
Advise you on medical treatment and documentation

Step 2: Preserve Evidence

If you haven’t already:

Take photos of all vehicle damage
Take photos of your injuries
Save all medical records and bills
Save all accident-related documents
Avoid posting on social media about the accident

If you’ve already retained us:

We’ll handle evidence preservation
We’ll obtain police reports and accident records
We’ll subpoena trucking company records

Step 3: Seek Medical Treatment

Follow all doctor’s orders
Attend all medical appointments
Document all symptoms and limitations
Keep records of all medical expenses
Follow up with specialists as recommended
Document how injuries affect daily life

Step 4: Avoid Insurance Company Traps

Do NOT give recorded statements
Do NOT sign any documents without consulting us
Do NOT accept any settlement offers
Refer all insurance communications to us
Let us handle all negotiations

Step 5: Focus on Recovery

Follow your treatment plan
Attend therapy and rehabilitation
Document your progress
Keep us updated on your condition
Let us handle the legal fight

Texas 18-Wheeler Accident FAQ

Immediate After-Accident Questions

1. What should I do immediately after an 18-wheeler accident in Texas?

If you’ve been in a trucking accident in Texas, take these steps immediately 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
Call an 18-wheeler accident attorney immediately at 1-888-ATTY-911

2. 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. Texas hospitals and trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

3. What information should I collect at the truck accident scene in Texas?

Document everything possible:

Truck and trailer license plates
DOT number (on 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, skid marks
Photos of your injuries
Witness names and phone numbers
Responding officer’s name and badge number
Weather and road conditions

4. 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.

5. How quickly should I contact an 18-wheeler accident attorney in Texas?

IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

6. 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.

Trucking Company and Driver Questions

7. Who can I sue after an 18-wheeler accident in Texas?

Multiple parties may be liable in trucking accidents:

The truck driver
The trucking company/motor carrier
The cargo owner or shipper
The company that loaded the cargo
Truck or parts manufacturers
Maintenance companies
Freight brokers
The truck owner (if different from carrier)
Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

8. Is the trucking company responsible even if the driver caused the accident?

Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:

Negligent hiring (hiring unqualified drivers)
Negligent training (inadequate safety training)
Negligent supervision (failing to monitor driver behavior)
Negligent maintenance (poor vehicle upkeep)

9. What if the truck driver says the accident was my fault?

Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.

10. What is an owner-operator and does that affect my case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

11. How do I find out if the trucking company has a bad safety record?

FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:

CSA (Compliance, Safety, Accountability) scores
Inspection history and out-of-service rates
Crash history
Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

Evidence and Investigation Questions

12. 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
GPS location

This objective data often contradicts what drivers claim happened.

13. 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.

14. 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.

15. 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
The physical truck and trailer

16. 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
Award punitive damages

FMCSA Regulations Questions

17. 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
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.

18. What FMCSA regulations are most commonly violated in accidents?

The top violations we find:

Hours of service violations (driving too long)
False log entries (lying about driving time)
Brake system deficiencies
Cargo securement failures
Drug and alcohol violations
Unqualified drivers (no valid CDL or medical certificate)
Failure to inspect vehicles
Improper lighting
Negligent hiring

19. 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
Training documentation

Missing or incomplete files prove negligent hiring.

20. 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.

Injury and Medical Questions

21. What injuries are common in 18-wheeler accidents in Texas?

Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:

Traumatic brain injury (TBI)
Spinal cord injuries and paralysis
Amputations
Severe burns
Internal organ damage
Multiple fractures
Wrongful death

22. How much are 18-wheeler accident cases worth in Texas?

Case values depend on many factors:

Severity of injuries
Medical expenses (past and future)
Lost income and earning capacity
Pain and suffering
Degree of defendant’s negligence
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.

23. What if my loved one was killed in a trucking accident in Texas?

Texas allows wrongful death claims by surviving family members. You may recover:

Lost future income
Loss of companionship and guidance
Mental anguish
Funeral expenses
Punitive damages if gross negligence

Time limits apply – contact us immediately to protect your rights.

Legal Process Questions

24. How long do I have to file an 18-wheeler accident lawsuit in Texas?

The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

25. How long do trucking accident cases take to resolve?

Timelines vary:

Simple cases with clear liability: 6-12 months
Complex cases with multiple parties: 1-3 years
Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

26. 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.

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

NO. We work on contingency – you pay 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.

Insurance Questions

28. How much insurance do trucking companies carry?

Federal law requires minimum liability coverage:

$750,000 for non-hazardous freight
$1,000,000 for oil, large equipment
$5,000,000 for hazardous materials

Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.

29. 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
Excess/umbrella coverage

We identify all available coverage to maximize your recovery.

30. 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.

Additional Questions

31. What if the truck driver was an independent contractor?

This complicates liability but doesn’t necessarily prevent recovery. We investigate the relationship between the driver and trucking company to determine if the company maintained sufficient control to be held liable. Even if the driver is truly independent, we’ll pursue their insurance coverage.

32. How do cargo spills create liability?

Cargo spills can create liability in several ways:

Improperly secured cargo that falls from the truck
Hazardous materials spills creating environmental hazards
Overweight loads exceeding vehicle capacity
Unbalanced loads causing instability

The company that loaded the cargo, the cargo owner, and the trucking company may all share liability.

33. What if a tire blowout caused my accident?

Tire blowouts are often caused by:

Underinflation
Overloading
Worn or aging tires
Road debris
Manufacturing defects

The trucking company, tire manufacturer, or maintenance provider may be liable depending on the cause.

34. How do brake failures get investigated?

Brake failures are investigated through:

Maintenance records showing brake system history
Out-of-service inspection reports
ECM data showing brake application
Post-accident brake system analysis
Expert testimony on failure causes

Brake problems are a factor in 29% of large truck crashes.

35. What if the truck’s dashcam recorded the accident?

Dashcam footage can be powerful evidence, but trucking companies often delete it quickly. We send preservation letters to ensure this footage is saved. If available, it can show exactly what happened and who was at fault.

36. Can I get the truck’s GPS data?

Yes, GPS and telematics data can show:

The truck’s route and speed
Stops and layovers
Hours of service compliance
Driver behavior patterns

This data is often critical in proving fatigue, distraction, or other violations.

37. What if the trucking company goes bankrupt?

Even if the trucking company goes bankrupt, their insurance policy should still cover valid claims. We also pursue other liable parties (driver, cargo owner, maintenance company, etc.) to ensure you can still recover compensation.

38. How are future medical expenses calculated?

Future medical expenses are calculated by:

Life care planners who project future care needs
Medical experts who estimate future treatment costs
Economic experts who determine present value of future expenses
Vocational experts who assess long-term care needs

These calculations are essential for catastrophic injury cases.

39. What is loss of consortium?

Loss of consortium refers to the impact of injuries on marriage and family relationships. It includes:

Loss of companionship
Loss of intimacy
Loss of support and services
Loss of guidance for children

Spouses and family members may have separate claims for these damages.

40. When are punitive damages available in Texas trucking cases?

Punitive damages may be available when the trucking company or driver acted with:

Gross negligence
Willful misconduct
Conscious indifference to safety
Fraud (falsifying logs, destroying evidence)

Texas caps punitive damages at the greater of (2x economic damages + non-economic damages capped at $750,000) OR $200,000.

41. How do product defects (brakes, tires) create liability?

When defective parts cause accidents, the manufacturer may be liable under product liability law. This includes:

Defective brake systems
Defective tires
Defective steering components
Defective lighting systems
Defective coupling devices

We investigate all vehicle components to identify potential defects.

42. What if road conditions contributed to my accident?

Dangerous road conditions can contribute to trucking accidents. Government entities may be liable for:

Poor road design
Inadequate signage
Failure to maintain roads
Failure to install safety barriers
Improper work zone setup

Sovereign immunity limits government liability, so these cases require specialized expertise.

43. Can I sue for PTSD after a trucking accident?

Yes, PTSD (Post-Traumatic Stress Disorder) compensation is available. Victims experience:

Flashbacks and nightmares
Severe anxiety
Depression
Sleep disturbances
Avoidance of driving or certain locations

Documentation from doctors, psychologists, or therapists is required.

44. What if I was partially at fault for the accident?

Texas follows modified comparative negligence. As long as you’re not more than 50% at fault, you can still recover damages. Your recovery will be reduced by your percentage of fault. For example, if you’re 20% at fault, you recover 80% of damages.

45. How do you prove the driver was fatigued?

We prove fatigue through:

ELD data showing hours of service violations
Driver’s log books (paper or electronic)
Dispatch records showing schedule pressure
Fuel receipts and toll records
GPS and telematics data
Driver’s cell phone records (late-night communication)
Witness statements about driver behavior

46. What is the FMCSA and how does it help my case?

The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial motor vehicles. Their regulations (49 CFR Parts 390-399) establish safety standards that trucking companies must follow. Violations of these regulations prove negligence and help establish liability.

47. Can I access the trucking company’s safety record?

Yes, FMCSA maintains public safety records at safer.fmcsa.dot.gov. We obtain:

CSA (Compliance, Safety, Accountability) scores
Inspection history and violations
Crash history
Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

48. What experts do you use in trucking cases?

We retain:

Accident reconstruction experts
Medical experts
Vocational experts
Economic experts
Life care planners
FMCSA regulation experts
Trucking industry experts
Human factors experts

49. How are wrongful death damages calculated?

Wrongful death damages are calculated based on:

Decedent’s age and earning capacity
Number and ages of dependents
Degree of negligence
Pain and suffering before death
Funeral and burial expenses
Loss of consortium for surviving family

Economic experts calculate the present value of future losses.

50. What happens if there’s not enough insurance?

If the at-fault driver has insufficient insurance, we pursue:

Other liable parties (cargo owner, maintenance company, etc.)
Your own UM/UIM (uninsured/underinsured motorist) coverage
Excess or umbrella policies
Corporate assets

We leave no stone unturned in pursuing all available compensation.

Your Fight Starts Now

If you or a loved one has been injured in a Texas 18-wheeler accident, you don’t have to fight alone. The trucking companies have teams of lawyers working to minimize your claim. You need a team that will fight for maximum compensation.

At Attorney911, we have:

25+ years of experience fighting for truck accident victims
Federal court experience for complex cases
A former insurance defense attorney who knows their tactics
Documented multi-million dollar results in trucking cases
Offices across Texas – Houston, Austin, Beaumont
Spanish language services for Texas’s diverse population
24/7 availability – we answer when you need us

We work on contingency – you pay nothing unless we win. Call us now at 1-888-ATTY-911 for a free consultation. The sooner you call, the sooner we can begin preserving evidence and building your case.

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

Don’t let the trucking company get away with it. Call Attorney911 today at 1-888-ATTY-911. We answer. We fight. We win.