18-Wheeler Accidents in Atascosa County: Your Complete Legal Guide
When an 80,000-Pound Truck Changes Your Life Forever
The moment an 18-wheeler crashes into your vehicle on Atascosa County’s highways, your life changes in an instant. One moment you’re driving to work on US-281, the next you’re waking up in a hospital bed with catastrophic injuries, mounting medical bills, and an uncertain future. Atascosa County’s trucking corridors – from the bustling I-37 to the rural stretches of FM 536 – see thousands of commercial trucks daily, and when negligence leads to tragedy, the consequences are devastating.
If you or a loved one has been seriously injured in an 18-wheeler accident anywhere in Atascosa County – from Pleasanton to Jourdanton, Poteet to Charlotte – you need more than just a lawyer. You need a legal emergency response team that understands the unique challenges of Atascosa County trucking cases, knows how to preserve critical evidence before it disappears, and has the resources to fight billion-dollar trucking corporations.
At Attorney911, we’ve been fighting for Atascosa County trucking accident victims for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes. We know Atascosa County’s trucking corridors, from the oil field traffic on FM 1333 to the agricultural hauls on FM 476, and we know how to hold negligent trucking companies accountable.
Why Atascosa County 18-Wheeler Accidents Are Different
Atascosa County’s unique mix of rural highways, oil field traffic, and agricultural freight creates distinct trucking accident risks:
- Oil Field Trucking: The Eagle Ford Shale play brings heavy equipment haulers, water trucks, and hazardous material transports through Atascosa County daily
- Agricultural Freight: Cattle haulers, grain trucks, and farm equipment create seasonal traffic patterns
- Highway Corridors: US-281 and I-37 see heavy truck traffic connecting San Antonio to the Gulf Coast
- Rural Roads: FM 536, FM 476, and other farm-to-market roads have limited shoulders and challenging conditions
- Weight Stations: The Atascosa County weigh station on I-37 sees constant commercial traffic
Unlike typical car accidents, 18-wheeler crashes in Atascosa County often involve:
- Multiple liable parties (driver, trucking company, cargo owner, maintenance provider)
- Federal trucking regulations (FMCSA violations)
- Complex insurance policies ($750,000+ minimum coverage)
- Catastrophic injuries requiring lifetime care
- Aggressive corporate defense teams
The Physics of 18-Wheeler Accidents: Why They’re So Deadly
The sheer size and weight disparity between commercial trucks and passenger vehicles makes these accidents uniquely dangerous:
| Vehicle Type | Weight | Stopping Distance (65 mph) | Fatality Risk |
|---|---|---|---|
| Passenger Car | 3,500 lbs | 300 feet | 1x |
| Pickup Truck | 5,000 lbs | 350 feet | 2x |
| 18-Wheeler (Empty) | 35,000 lbs | 450 feet | 10x |
| 18-Wheeler (Loaded) | 80,000 lbs | 525 feet | 20x |
When an 80,000-pound truck traveling at highway speeds crashes into your sedan, the impact forces are catastrophic. The energy transfer in these collisions often results in:
- Traumatic Brain Injuries – from the violent whiplash motion
- Spinal Cord Damage – leading to paralysis
- Crushing Injuries – when vehicles are pinned beneath trailers
- Amputations – from entrapment or severe trauma
- Burns – from fuel tank ruptures or cargo fires
- Wrongful Death – in approximately 1 out of 8 trucking accidents
Common Types of 18-Wheeler Accidents in Atascosa County
Atascosa County’s highways see all types of trucking accidents, each with unique causes and consequences:
1. Jackknife Accidents on I-37 and US-281
Jackknife accidents occur when a truck’s trailer swings out perpendicular to the cab, often blocking multiple lanes. These are particularly common on Atascosa County’s highways during:
- Sudden braking on wet roads (especially during summer thunderstorms)
- Improper braking technique on long downhill stretches
- Empty or lightly loaded trailers (more prone to swing)
- Brake failures from poor maintenance
Atascosa County Hotspots:
- I-37 near the Atascosa/Wilson County line
- US-281 at the Pleasanton city limits
- FM 536 approaching the Bexar County line
2. Underride Collisions: The Most Deadly Trucking Accident
Underride collisions occur when a passenger vehicle slides underneath a truck’s trailer, often shearing off the roof and causing catastrophic head injuries. These account for approximately 500 deaths annually in the U.S.
Types of Underride Accidents in Atascosa County:
- Rear Underride: Vehicle strikes back of stopped or slow-moving trailer
- Side Underride: Vehicle impacts trailer during lane changes or turns
Atascosa County Risk Factors:
- Poor lighting on rural roads (FM 476, FM 1333)
- Inadequate reflective tape on trailers
- Missing or defective underride guards
- Sudden stops at intersections (especially in Pleasanton and Jourdanton)
3. Rollover Accidents on Rural Roads
Rollover accidents occur when a truck tips onto its side or roof, often due to:
- Taking curves too fast (common on FM 476’s sharp turns)
- Overloaded or improperly loaded cargo
- Liquid cargo “slosh” shifting weight
- Driver overcorrection after tire blowouts
- Wind gusts on open stretches
Atascosa County Hotspots:
- FM 476 near the Medina County line
- FM 1333 approaching Karnes County
- US-281 near the Pleasanton city limits
4. Rear-End Collisions at Intersections
Rear-end collisions are especially dangerous when an 18-wheeler strikes a passenger vehicle. Due to their longer stopping distances, trucks often:
- Cannot stop in time for traffic slowdowns
- Fail to maintain proper following distance
- Experience brake failures from poor maintenance
Atascosa County High-Risk Intersections:
- US-281 and FM 536 (Pleasanton)
- US-281 and FM 476 (Jourdanton)
- I-37 and FM 1604 (San Antonio outskirts)
5. Wide Turn Accidents (“Squeeze Play”)
Wide turn accidents occur when a truck swings wide before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing the vehicle that entered the gap.
Atascosa County Hotspots:
- Downtown Pleasanton intersections
- Jourdanton’s Main Street intersections
- Rural road intersections with limited visibility
6. Blind Spot Accidents (“No-Zone”)
Commercial trucks have four massive blind spots where drivers cannot see other vehicles:
- 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 cab door backward
- Right Side No-Zone: Extends from cab door backward (largest blind spot)
Atascosa County Risk Factors:
- Lane changes on I-37 and US-281
- Merging onto highways from rural roads
- Passing trucks on two-lane roads
7. Tire Blowout Accidents
Tire blowouts are particularly dangerous in Atascosa County due to:
- Extreme heat causing tire degradation
- Oil field debris on rural roads
- Long stretches without service stations
- Overloaded vehicles exceeding tire capacity
Atascosa County Hotspots:
- I-37 between Pleasanton and San Antonio
- US-281 through rural Atascosa County
- FM 1333 in the Eagle Ford Shale area
8. Brake Failure Accidents
Brake failures are a leading cause of trucking accidents, especially:
- On long downhill stretches (FM 476)
- During sudden traffic slowdowns
- When maintenance is deferred to save costs
Atascosa County Risk Factors:
- Poor maintenance practices by local carriers
- Long stretches without inspection stations
- Oil field trucks with heavy loads
9. Cargo Spill Accidents
Cargo spills create additional hazards on Atascosa County roads:
- Hazardous Materials: Oil field chemicals, agricultural pesticides
- Debris: Fallen lumber, pipes, farm equipment
- Liquid Spills: Oil, fuel, or water creating slick surfaces
Atascosa County Risk Factors:
- Agricultural hauls on rural roads
- Oil field equipment transports
- Improperly secured loads from local businesses
Who Can Be Held Liable in Your Atascosa County Trucking Accident
Unlike typical car accidents where usually only one driver is at fault, 18-wheeler accidents in Atascosa County often involve multiple liable parties:
1. The Truck Driver
The driver who caused the accident may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone, dispatch communications)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
Atascosa County Driver Risk Factors:
- Long hauls from the Eagle Ford Shale to refineries
- Agricultural hauls during harvest seasons
- Local drivers unfamiliar with rural road conditions
2. The Trucking Company / Motor Carrier
The trucking company is often the most important defendant because:
- They have the deepest pockets (highest insurance limits)
- They’re responsible for driver hiring, training, and supervision
- They control vehicle maintenance and safety policies
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 or qualifications
- Negligent Training: Inadequate safety training
- Negligent Supervision: Failed to monitor driver performance
- Negligent Maintenance: Failed to maintain vehicle in safe condition
- Negligent Scheduling: Pressured drivers to violate HOS regulations
Atascosa County Trucking Companies:
While we can’t name specific local carriers, Atascosa County sees trucking operations from:
- Oil field service companies
- Agricultural haulers
- Local distribution centers
- Interstate carriers passing through
3. Cargo Owner / Shipper
The company that owns the cargo and arranged for its shipment may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous nature of cargo
- Requiring overweight loading
- Pressuring carrier to expedite beyond safe limits
- Misrepresenting cargo weight or characteristics
Atascosa County Cargo Owners:
- Oil field service companies
- Agricultural producers
- Local manufacturers
- Retail distribution centers
4. Cargo Loading Company
Third-party loading companies that physically load cargo may be liable for:
- Improper cargo securement
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, or tiedowns
- Not training loaders on securement requirements
5. Truck and Trailer Manufacturer
The company that manufactured the truck, trailer, or major components may be liable for:
- Design defects (brake systems, stability control, fuel tank placement)
- Manufacturing defects (faulty welds, component failures)
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
6. Parts Manufacturer
Companies that manufacture specific parts may be liable for:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
7. Maintenance Company
Third-party maintenance companies that service trucking fleets may be liable for:
- 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
8. Freight Broker
Freight brokers who arrange transportation but don’t own trucks may be liable for:
- 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
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability for:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
10. Government Entity
Federal, state, or local government may be liable in limited circumstances:
- 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
Atascosa County Government Considerations:
- TXDOT may be liable for highway design issues
- Atascosa County may be liable for road maintenance
- Municipalities may be liable for traffic control issues
The 48-Hour Evidence Preservation Protocol: Why Time Is Critical
In 18-wheeler accident cases, EVIDENCE DISAPPEARS FAST. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
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 |
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
COMPANY RECORDS:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
PHYSICAL EVIDENCE:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data: The Silent Witness
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 Regulations: The Legal Foundation of Your Case
The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.
Why FMCSA Regulations Matter for Your Atascosa County Case:
Every 18-wheeler on Atascosa County’s highways must comply with these federal regulations. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.
The 6 Critical Parts of FMCSA Regulations
| Part | Title | What It Covers |
|---|---|---|
| Part 390 | General Applicability | Definitions, who regulations apply to |
| Part 391 | Driver Qualification | Who can drive, medical requirements, training |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol |
| Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights |
| Part 395 | Hours of Service | How long drivers can drive, required rest |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records |
Part 391: Driver Qualification Standards
Purpose: Establishes who is qualified to drive a commercial motor vehicle.
MINIMUM DRIVER QUALIFICATIONS (49 CFR § 391.11):
A person shall not drive a commercial motor vehicle unless they:
- Are at least 21 years old (interstate) or 18 years old (intrastate)
- Can read and speak English sufficiently
- Can safely operate the CMV and cargo type
- Are physically qualified under § 391.41
- Have a valid commercial motor vehicle operator’s license (CDL)
- Have completed a driver’s road test or equivalent
- Are not disqualified under § 391.15 (violations, suspensions)
- Have completed required entry-level driver training
DRIVER QUALIFICATION FILE REQUIREMENTS (49 CFR § 391.51):
Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:
| Document | Requirement |
|---|---|
| Employment Application | Completed per § 391.21 |
| Motor Vehicle Record | From state licensing authority |
| Road Test Certificate | Or equivalent documentation |
| Medical Examiner’s Certificate | Current, valid (max 2 years) |
| Annual Driving Record Review | Must be conducted and documented |
| Previous Employer Inquiries | 3-year driving history investigation |
| Drug & Alcohol Test Records | Pre-employment and random testing |
Why This Matters for Your Atascosa County Case:
If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.
PHYSICAL QUALIFICATION REQUIREMENTS (49 CFR § 391.41):
Drivers must be medically qualified to operate CMVs. Key requirements include:
- No loss of foot, leg, hand, or arm (without exemption)
- No established medical history of epilepsy or seizures
- No mental, nervous, or psychiatric disorder likely to interfere with safe driving
- No current clinical diagnosis of alcoholism
- No use of Schedule I controlled substances
- No use of non-Schedule I substances that impair driving ability
- Vision of at least 20/40 in each eye (with or without correction)
- Hearing adequate to perceive forced whisper at 5 feet
Part 392: Driving of Commercial Motor Vehicles
Purpose: Establishes rules for the safe operation of CMVs.
ILL OR FATIGUED OPERATORS (49 CFR § 392.3):
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
Why This Matters: This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.
DRUGS AND OTHER SUBSTANCES (49 CFR § 392.4):
A driver shall not be on duty or operate a CMV while:
- Under the influence of any Schedule I substance
- Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
- Possessing a Schedule I substance (unless prescription)
ALCOHOL (49 CFR § 392.5):
A driver shall not:
- Use alcohol within 4 hours before going on duty or operating a CMV
- Use alcohol while on duty or operating a CMV
- Be under the influence of alcohol (.04 BAC or higher) while on duty
- Possess any alcohol while on duty (with limited exceptions)
SPEEDING (49 CFR § 392.6):
“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”
FOLLOWING TOO CLOSELY (49 CFR § 392.11):
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”
MOBILE PHONE USE (49 CFR § 392.82):
Drivers are PROHIBITED from:
- Using a hand-held mobile telephone while driving
- Reaching for mobile phone in manner requiring leaving seated position
- Texting while driving (49 CFR § 392.80)
Part 393: Parts and Accessories for Safe Operation
Purpose: Establishes equipment and cargo securement standards.
CARGO SECUREMENT (49 CFR § 393.100-136):
General Requirements (§ 393.100):
Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling from the vehicle
- Shifting that affects vehicle stability or maneuverability
- Blocking the driver’s view or interfering with operation
Performance Criteria (§ 393.102):
Cargo securement systems must withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
Tiedown Requirements:
- Aggregate working load limit must be at least 50% of cargo weight for loose cargo
- At least one tiedown for cargo 5 feet or less in length
- At least two tiedowns for cargo over 5 feet or under 1,100 lbs
- Additional tiedowns for every 10 feet of cargo length
BRAKES (49 CFR § 393.40-55):
All CMVs must have properly functioning brake systems:
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems must meet specific requirements
- Brake adjustment must be maintained within specifications
LIGHTING (49 CFR § 393.11-26):
Required lighting includes:
- Headlamps, tail lamps, stop lamps
- Clearance and side marker lamps
- Reflectors and retroreflective sheeting
- Turn signal lamps
Why This Matters: Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.
Part 395: Hours of Service (HOS) Regulations
Purpose: Prevents driver fatigue by limiting driving time and requiring rest.
THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.
PROPERTY-CARRYING DRIVERS (Most 18-Wheelers):
| Rule | Requirement | Violation Consequence |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Fatigue-related accidents |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Driver exhaustion |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | Impaired alertness |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Cumulative fatigue |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate recovery |
| 10-Hour Off-Duty | Must have minimum 10 consecutive hours off duty before driving | Insufficient rest |
SLEEPER BERTH PROVISION (49 CFR § 395.1(g)):
Drivers using sleeper berth may split 10-hour off-duty period:
- At least 7 consecutive hours in sleeper berth
- Plus at least 2 consecutive hours off-duty (in berth or otherwise)
- Neither period counts against 14-hour window
ELECTRONIC LOGGING DEVICE (ELD) MANDATE (49 CFR § 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:
- Automatically record driving time
- Synchronize with vehicle engine to record objective data
- Cannot be altered after the fact (unlike paper logs)
- Record GPS location, speed, engine hours
Why ELD Data Is Critical Evidence:
ELDs prove:
- Exactly how long the driver was on duty
- Whether breaks were taken as required
- Speed before and during the accident
- GPS location history
- Any HOS violations
WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.
Part 396: Inspection, Repair, and Maintenance
Purpose: Ensures CMVs are maintained in safe operating condition.
GENERAL MAINTENANCE REQUIREMENT (§ 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
DRIVER INSPECTION REQUIREMENTS:
Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.
Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare written report on vehicle condition covering at minimum:
- Service brakes
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
ANNUAL INSPECTION (§ 396.17):
Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.
MAINTENANCE RECORD RETENTION (§ 396.3):
Motor carriers must maintain records for each vehicle showing:
- Identification (make, serial number, year, tire size)
- Schedule for inspection, repair, and maintenance
- Record of repairs and maintenance
- Records must be retained for 1 year
Why This Matters: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.
The Most Common FMCSA Violations in Atascosa County Trucking Accidents
TOP 10 VIOLATIONS WE FIND IN ATASCOSA COUNTY TRUCKING CASES:
- Hours of Service Violations – Driving beyond 11-hour limit, no breaks
- False Log Entries – Falsifying ELD or paper log records
- Failure to Maintain Brakes – Worn brakes, improper adjustment
- Cargo Securement Failures – Inadequate tiedowns, shifting loads
- Unqualified Driver – Operating without valid CDL or medical certificate
- Drug/Alcohol Violations – Operating under influence, failed tests
- Mobile Phone Use – Texting, hand-held phone while driving
- Failure to Inspect – No pre-trip inspection, ignored defects
- Improper Lighting – Non-functioning lights, missing reflectors
- Negligent Hiring – No background check, incomplete DQ file
HOW WE PROVE VIOLATIONS IN ATASCOSA COUNTY CASES:
| Evidence Type | What It Shows |
|---|---|
| ELD Data | Hours of service violations, driving time |
| ECM/Black Box | Speed, braking, throttle position |
| Driver Qualification File | Hiring negligence, training gaps |
| Maintenance Records | Deferred repairs, known defects |
| Inspection Reports | Pre-existing violations |
| Drug/Alcohol Tests | Impairment at time of accident |
| Dispatch Records | Pressure to violate HOS |
Catastrophic Injuries from Atascosa County 18-Wheeler Accidents
The physics of 18-wheeler accidents in Atascosa County make catastrophic injuries the norm, not the exception.
Why 18-Wheeler Accidents Cause Catastrophic Injuries
The size and weight disparity between commercial trucks and passenger vehicles makes these accidents uniquely dangerous:
| Vehicle Type | Weight | Stopping Distance (65 mph) | Fatality Risk |
|---|---|---|---|
| Passenger Car | 3,500 lbs | 300 feet | 1x |
| Pickup Truck | 5,000 lbs | 350 feet | 2x |
| 18-Wheeler (Empty) | 35,000 lbs | 450 feet | 10x |
| 18-Wheeler (Loaded) | 80,000 lbs | 525 feet | 20x |
When an 80,000-pound truck traveling at highway speeds crashes into your sedan on Atascosa County’s roads, the impact forces are catastrophic.
Traumatic Brain Injury (TBI)
What It Is:
TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull.
Severity Levels:
| Level | Symptoms | Prognosis |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief loss of consciousness | Usually recovers, but may have lasting effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
Common Symptoms in Atascosa County Victims:
- Headaches, dizziness, nausea
- Memory loss, confusion
- Difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Long-Term Consequences:
- Permanent cognitive impairment
- Inability to work
- Need for ongoing care and supervision
- Increased risk of dementia and Alzheimer’s
- Depression and emotional disorders
Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity
Spinal Cord Injury
What It Is:
Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable – may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Level of Injury Matters:
- Higher injuries (cervical spine) affect more body functions
- C1-C4 injuries may require ventilator for breathing
- Lower injuries (lumbar) affect legs but not arms
Lifetime Care Costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
These figures represent direct medical costs only – not lost wages, pain and suffering, or loss of quality of life.
Amputation
Types of Amputation:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Common in Atascosa County 18-Wheeler Accidents Due To:
- Crushing forces from truck impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Ongoing Medical Needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
Impact on Life:
- Permanent disability
- Career limitations or total disability
- Phantom limb pain
- Body image and psychological trauma
- Need for home modifications
- Dependency on others for daily activities
Severe Burns
How Burns Occur in Atascosa County 18-Wheeler Accidents:
- Fuel tank rupture and fire
- Hazmat cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burn Classification:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Long-Term Consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage
Common Internal Injuries in Atascosa County Trucking Accidents:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Why Dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Requires emergency surgery
- Organ removal affects long-term health
Wrongful Death
When a Trucking Accident Kills:
Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.
Who Can Bring a Wrongful Death Claim in Atascosa County:
- Surviving spouse
- Children (minor and adult)
- Parents (especially if no spouse or children)
- Estate representative
Types of Claims:
- Wrongful Death Action: Compensation for survivors’ losses
- Survival Action: Compensation for decedent’s pain/suffering before death
Damages Available Under Texas Law:
- Lost future income and employment benefits
- Loss of consortium (spousal companionship and relationship)
- Loss of parental guidance and nurturing (for surviving children)
- Mental anguish and emotional distress (for surviving family)
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Pain and suffering experienced by decedent before death
- Punitive damages (in cases of gross negligence, recklessness, or malice)
Texas Statute of Limitations: 2 years from date of death to file wrongful death lawsuit
Commercial Truck Insurance & Damages in Atascosa County
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies.
FMCSA Minimum Insurance Requirements
| Cargo Type | Minimum Coverage |
|---|---|
| Non-Hazardous Freight (10,001+ lbs GVWR) | $750,000 |
| Oil/Petroleum (10,001+ lbs GVWR) | $1,000,000 |
| Large Equipment (10,001+ lbs GVWR) | $1,000,000 |
| Hazardous Materials (All) | $5,000,000 |
| Passengers (16+ passengers) | $5,000,000 |
| Passengers (15 or fewer) | $1,500,000 |
Why This Matters For Your Atascosa County Case:
Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents in Atascosa County typically have at least $750,000 available – and often much more. Many Atascosa County carriers carry $1-5 million in coverage.
This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Types of Damages Recoverable in Atascosa County Trucking Cases
ECONOMIC DAMAGES (Calculable Losses):
| Category | What’s Included |
|---|---|
| Medical Expenses | Past, present, and future medical costs |
| Lost Wages | Income lost due to injury and recovery |
| Lost Earning Capacity | Reduction in future earning ability |
| Property Damage | Vehicle repair or replacement |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications |
| Life Care Costs | Ongoing care for catastrophic injuries |
NON-ECONOMIC DAMAGES (Quality of Life):
| Category | What’s Included |
|---|---|
| Pain and Suffering | Physical pain from injuries |
| Mental Anguish | Psychological trauma, anxiety, depression |
| Loss of Enjoyment | Inability to participate in activities |
| Disfigurement | Scarring, visible injuries |
| Loss of Consortium | Impact on marriage/family relationships |
| Physical Impairment | Reduced physical capabilities |
PUNITIVE DAMAGES (Punishment for 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 Damage Caps:
- Non-Economic Damages: No cap in most personal injury cases
- Punitive Damages: Greater of (2x economic damages + non-economic damages up to $750,000) OR $200,000
Nuclear Verdicts: What Atascosa County Juries Are Awarding
RECENT MAJOR TRUCKING VERDICTS (2024-2025):
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $462 Million | 2024 | St. Louis, MO | Wabash National – two fatalities |
| $160 Million | 2024 | Alabama | Daimler – quadriplegic injury from rollover |
| $141.5 Million | 2024 | Florida | Defunct carrier crash |
| $90 Million | — | Houston, TX | Truck driver burned in explosion |
| $37.5 Million | 2024 | Texas | Trucking verdict |
| $35.5 Million | — | Texas | Family injured in truck accident |
| $35 Million | 2025 | Fort Worth, TX | Largest in Tarrant County |
HISTORIC LANDMARK VERDICTS:
| Amount | Year | Case Details |
|---|---|---|
| $1 BILLION | 2021 | Florida – 18-year-old killed, negligent hiring. $100M compensatory + $900M punitive |
| $411 Million | 2020 | Florida – 45-vehicle pileup, motorcyclist severely injured |
WHY NUCLEAR VERDICTS HAPPEN IN TEXAS:
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 ATASCOSA COUNTY CASE:
These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know Texas juries are willing to award massive damages – which strengthens settlement negotiations for Atascosa County victims.
Atascosa County Trucking Corridors: Where Accidents Happen Most
Atascosa County’s unique geography and economic activity create distinct trucking accident patterns:
Major Highways and Their Risks
I-37 Corridor (San Antonio to Corpus Christi):
- Traffic: Heavy commercial traffic connecting Gulf Coast ports to inland distribution centers
- Risk Factors: High speeds, merging traffic, sudden slowdowns near Pleasanton
- Common Accidents: Rear-end collisions, jackknife accidents, tire blowouts
- Hotspots: Pleasanton city limits, Atascosa/Wilson County line
US-281 Corridor (San Antonio to McAllen):
- Traffic: Major north-south route for agricultural and oil field freight
- Risk Factors: Rural stretches with limited shoulders, oil field equipment transports
- Common Accidents: Head-on collisions, wide turn accidents, cargo spills
- Hotspots: Jourdanton city limits, FM 536 intersection
FM 536 (Pleasanton to San Antonio):
- Traffic: Connects Atascosa County to Bexar County, heavy commuter traffic
- Risk Factors: Narrow lanes, limited shoulders, agricultural equipment
- Common Accidents: Sideswipe accidents, rear-end collisions, animal strikes
FM 476 (Jourdanton to Karnes City):
- Traffic: Agricultural hauls, oil field traffic
- Risk Factors: Sharp curves, limited visibility, gravel shoulders
- Common Accidents: Rollover accidents, cargo spills, tire blowouts
FM 1333 (Poteet to Karnes County):
- Traffic: Oil field equipment, agricultural freight
- Risk Factors: Rough road conditions, heavy equipment transports
- Common Accidents: Underride collisions, cargo spills, brake failures
Industry-Specific Risk Factors
Oil Field Trucking:
- Heavy equipment haulers (oversize loads)
- Water trucks (liquid cargo shifting)
- Hazardous material transports
- Fatigued drivers working long hours
- Rough road conditions on lease roads
Agricultural Trucking:
- Seasonal traffic patterns (harvest times)
- Overloaded grain trucks
- Slow-moving farm equipment
- Cattle haulers (live cargo)
- Limited visibility on rural roads
Local Distribution:
- Delivery trucks in Pleasanton and Jourdanton
- Wide turn accidents at intersections
- Loading/unloading accidents
- Urban congestion in downtown areas
What To Do After an 18-Wheeler Accident in Atascosa County
If you’ve been involved in an 18-wheeler accident anywhere in Atascosa County, follow these critical steps:
1. Call 911 and Report the Accident
- Request police and emergency medical services
- Report all injuries, even if they seem minor
- Ensure a police report is filed (required by Texas law for injury accidents)
2. Seek Immediate Medical Attention
- Go to the nearest Atascosa County hospital or urgent care
- Recommended Facilities:
- South Texas Regional Medical Center (Jourdanton)
- Methodist Hospital South (San Antonio – nearest Level I trauma center)
- Christus Santa Rosa Hospital (San Antonio)
- Even if you feel fine, get checked for internal injuries and TBI
- Follow all treatment recommendations
3. Document the Scene
- Take photos of all vehicles involved (exterior and interior damage)
- Photograph the accident scene from multiple angles
- Capture road conditions, traffic signals, and signage
- Take pictures of your injuries
- Get contact information from all witnesses
- Document the truck’s DOT number, company name, and trailer number
4. Collect Critical Information
- Truck driver’s name, CDL number, and contact information
- Trucking company name and contact information
- Insurance information for all parties
- Names and badge numbers of responding officers
- Accident report number
5. Preserve Evidence
- Do NOT wash the clothes you were wearing
- Do NOT repair your vehicle until it’s been inspected
- Keep all medical records and bills
- Document all time missed from work
- Keep a pain journal detailing your symptoms
6. Do NOT Speak to Insurance Adjusters
- The trucking company’s insurance adjuster is NOT your friend
- Do NOT give recorded statements
- Do NOT sign anything without consulting an attorney
- Refer all communications to your lawyer
7. Call an Atascosa County 18-Wheeler Accident Attorney Immediately
- Critical evidence disappears quickly
- We send spoliation letters within 24-48 hours
- We preserve ECM/black box data before it’s overwritten
- We handle all communications with insurance companies
Call Attorney911 Now: 1-888-ATTY-911 (1-888-288-9911)
Available 24/7 – Free Consultation – No Fee Unless We Win
Why Choose Attorney911 for Your Atascosa County Trucking Case
When you’re facing catastrophic injuries from an 18-wheeler accident in Atascosa County, you need more than just a lawyer – you need a legal team with the experience, resources, and local knowledge to fight billion-dollar trucking corporations.
1. 25+ Years of Atascosa County Trucking Litigation Experience
Ralph Manginello has been fighting for trucking accident victims across Texas since 1998. Our firm has:
- Recovered $50+ million for injury victims
- Secured multi-million dollar verdicts and settlements
- Handled cases against Walmart, Coca-Cola, Amazon, FedEx, UPS, and other major carriers
- Federal court admission to the U.S. District Court, Southern District of Texas
2. Insider Knowledge of Insurance Company Tactics
Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows exactly how insurance companies:
- Evaluate claims
- Train adjusters to minimize payouts
- Use recorded statements against victims
- Delay and deny legitimate claims
Now he uses that knowledge to fight FOR you, not against you.
3. Immediate Evidence Preservation
We act FAST to preserve critical evidence:
- Send spoliation letters within 24-48 hours
- Demand immediate download of ECM/black box data
- Subpoena ELD records before they’re overwritten
- Secure dashcam footage before it’s deleted
- Photograph the accident scene and vehicles
- Interview witnesses before memories fade
4. Deep Understanding of FMCSA Regulations
We know federal trucking regulations inside and out:
- Hours of service violations
- Driver qualification requirements
- Vehicle maintenance standards
- Cargo securement rules
- Drug and alcohol testing requirements
Proving FMCSA violations is often the key to winning your case.
5. Atascosa County Local Knowledge
We know Atascosa County’s:
- Trucking corridors (I-37, US-281, FM 536, FM 476, FM 1333)
- Oil field and agricultural trucking patterns
- Local courts and judges
- Jury pools and tendencies
- Local medical providers
- Insurance company adjusters
6. Comprehensive Case Investigation
We leave no stone unturned in building your case:
- Accident reconstruction experts
- Medical experts to document injuries
- Vocational experts to calculate lost earning capacity
- Economic experts to determine lifetime care costs
- Life care planners for catastrophic injuries
- FMCSA regulation experts
7. Trial-Ready Representation
While most cases settle, 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.
8. Compassionate Client Service
We understand what you’re going through. Our clients say:
“They treated me like FAMILY, not just another case number.”
— Chad Harris, Attorney911 Client
“Our firm includes a former insurance defense attorney who knows exactly how they evaluate claims. Now he uses that knowledge to fight for you.”
— Attorney911 Team
“If you’ve been hurt in an 18-wheeler accident in Atascosa County, call us now at 1-888-ATTY-911. We answer 24/7.”
Frequently Asked Questions About Atascosa County 18-Wheeler Accidents
What should I do immediately after an 18-wheeler accident in Atascosa County?
If you’ve been in a trucking accident in Atascosa County, 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
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. Atascosa County 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.
What information should I collect at the truck accident scene in Atascosa County?
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
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney in Atascosa County?
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.
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.
Who can I sue after an 18-wheeler accident in Atascosa County?
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.
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)
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.
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.
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.
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.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- 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
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.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
What injuries are common in 18-wheeler accidents in Atascosa County?
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
How much are 18-wheeler accident cases worth in Atascosa County?
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.
What if my loved one was killed in a trucking accident in Atascosa County?
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.
How long do I have to file an 18-wheeler accident lawsuit in Atascosa County?
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.
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.
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.
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.
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.
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.
What if the truck driver was an independent contractor?
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.
How do cargo spills create liability?
Cargo spills and shifts create additional hazards:
- Hazardous Materials: Oil field chemicals, agricultural pesticides
- Debris: Fallen lumber, pipes, farm equipment
- Liquid Spills: Oil, fuel, or water creating slick surfaces
The cargo owner, loading company, and trucking company may all share liability.
What if a tire blowout caused my accident?
Tire blowouts are particularly dangerous in Atascosa County due to:
- Extreme heat causing tire degradation
- Oil field debris on rural roads
- Long stretches without service stations
- Overloaded vehicles exceeding tire capacity
The trucking company, tire manufacturer, or maintenance provider may be liable.
How do brake failures get investigated?
Brake failures are a leading cause of trucking accidents. We investigate:
- Maintenance records
- Brake inspection reports
- Out-of-service orders
- ECM data showing brake performance
- Expert analysis of failed components
What if the truck’s dashcam recorded the accident?
Dashcam footage is powerful evidence. We demand preservation of all video footage before it’s deleted. This footage can show:
- Driver distraction
- Speeding
- Failure to brake
- Road conditions
- Other vehicles’ actions
Can I get the truck’s GPS data?
Yes. GPS and telematics data shows:
- The truck’s exact route
- Speed throughout the trip
- Stops made
- Hours of operation
This data can prove hours of service violations and other negligent behavior.
What if the trucking company goes bankrupt?
Even if the trucking company goes bankrupt, their insurance policy remains in effect. We pursue all available insurance coverage to ensure you receive compensation.
How are future medical expenses calculated?
For catastrophic injuries, we work with:
- Medical experts to document future care needs
- Life care planners to develop comprehensive care plans
- Economic experts to calculate present value of future expenses
What is loss of consortium?
Loss of consortium refers to the impact of injuries on marriage and family relationships, including:
- Loss of companionship
- Loss of affection
- Loss of sexual relations
- Loss of household services
Spouses can recover damages for these losses.
When are punitive damages available?
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)
How do product defects (brakes, tires) create liability?
If defective components contributed to your accident:
- Brake system failures
- Tire blowouts
- Steering mechanism defects
- Lighting system failures
The manufacturer may be liable under product liability laws.
What if road conditions contributed to my accident?
Government entities may be liable for:
- Dangerous road design
- Failure to maintain roads
- Inadequate signage
- Failure to install safety barriers
- Improper work zone setup
Can I sue for PTSD after a trucking accident?
Yes. PTSD (Post-Traumatic Stress Disorder) compensation is available for:
- Flashbacks and nightmares
- Anxiety and depression
- Fear of driving
- Emotional distress
- Sleep disturbances
Documentation from mental health professionals is required.
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.
How do you prove the driver was fatigued?
We prove fatigue through:
- ELD data showing hours of service violations
- Dispatch records showing long hours
- Cell phone records showing late-night communications
- Witness testimony about driver behavior
- Expert testimony on fatigue effects
What is the FMCSA and how does it help my case?
The Federal Motor Carrier Safety Administration regulates commercial trucking. FMCSA regulations establish safety standards that trucking companies must follow. Violations of these regulations prove negligence and strengthen your case.
Can I access the trucking company’s safety record?
Yes. FMCSA safety data is public at safer.fmcsa.dot.gov. We obtain:
- CSA scores
- Inspection history
- Crash history
- Safety rating
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
What experts do you use in trucking cases?
We work with:
- Accident reconstruction experts
- Medical experts
- Vocational experts
- Economic experts
- Life care planners
- FMCSA regulation experts
- Trucking industry experts
How are wrongful death damages calculated?
Wrongful death damages include:
- Lost future income and benefits
- Loss of consortium (companionship, guidance)
- Mental anguish
- Funeral expenses
- Medical expenses before death
- Punitive damages (if gross negligence)
We work with economists to calculate these losses.
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.
Atascosa County Trucking Accident Case Results
While every case is unique and past results don’t guarantee future outcomes, our firm has recovered millions for trucking accident victims:
“$5+ Million – Logging Brain Injury Settlement”
“$3.8+ Million – Car Accident Amputation Settlement”
“$2.5M – Truck Crash Recovery”
“Millions recovered for families in trucking-related wrongful death cases”
Client Testimonials:
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
“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
Contact Attorney911 for Your Atascosa County Trucking Case
If you or a loved one has been seriously injured in an 18-wheeler accident anywhere in Atascosa County – from Pleasanton to Jourdanton, Poteet to Charlotte – call Attorney911 now.
Call 24/7: 1-888-ATTY-911 (1-888-288-9911)
Email: ralph@atty911.com
Website: https://attorney911.com
Offices Serving Atascosa County:
- Houston: 1177 West Loop S, Suite 1600, Houston, TX 77027
- Austin: 316 West 12th Street, Suite 311, Austin, TX 78701
- Beaumont: Available for client meetings
Hablamos Español: Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.
Free Consultation – No Fee Unless We Win – Available 24/7
Don’t wait. Evidence disappears fast. Call Attorney911 now at 1-888-ATTY-911.