18-Wheeler Accident Lawyers in Polk County, Texas | Attorney911

Every year, hundreds of families in Polk County face life-altering injuries from 18-wheeler accidents on our local highways. The aftermath can feel overwhelming—medical bills piling up, lost wages from missed work, and the physical pain that disrupts daily life. If you or a loved one has been seriously injured in a trucking accident in Polk County, you need an attorney who understands both the federal trucking regulations and the unique challenges of our local roads.

At Attorney911, we’ve been fighting for truck accident victims across Polk County 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 Polk County’s trucking corridors—from the busy stretches of Highway 59 to the distribution centers along Highway 190—and we know how to hold negligent trucking companies accountable.

Why Polk County Trucking Accidents Are Different

Polk County’s position at the crossroads of major shipping routes creates unique risks for local drivers. Our highways serve as critical links between Houston’s port facilities and East Texas distribution centers, bringing heavy truck traffic through our communities. The mix of local commuters, long-haul truckers, and oil field equipment creates dangerous conditions, especially during peak travel times.

We’ve handled cases involving:

• Jackknife accidents on Highway 59 during sudden traffic slowdowns
• Rollover crashes on Highway 190 curves
• Underride collisions at unmarked intersections
• Fatigue-related accidents from drivers violating hours-of-service rules
• Cargo spills on rural roads creating hazardous conditions

The trucking companies that operate in Polk County know our roads well—but they often cut corners on safety to meet tight delivery deadlines. When their negligence causes accidents, we fight to make them pay.

The Devastating Reality of 18-Wheeler Accidents

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. A fully loaded truck can weigh up to 80,000 pounds—20-25 times more than the average passenger vehicle. When these massive vehicles collide with cars, the results are often tragic:

• Traumatic Brain Injuries (TBI): The violent forces of a truck collision can cause the brain to impact the inside of the skull, leading to cognitive impairments, memory loss, and personality changes. We’ve seen cases where victims require lifelong care after suffering severe TBIs.

• Spinal Cord Injuries and Paralysis: Damage to the spinal cord can result in permanent paralysis. Quadriplegia (loss of function in all four limbs) and paraplegia (loss of function below the waist) are life-changing injuries that require extensive medical care and home modifications.

• Amputations: The crushing forces of a truck impact can sever limbs at the scene or require surgical amputation due to severe damage. Prosthetics and rehabilitation add significant costs to these cases.

• Severe Burns: Fuel tank ruptures and hazmat cargo spills can cause horrific burn injuries. Third-degree burns often require multiple skin graft surgeries and leave permanent scarring.

• Internal Organ Damage: The force of a truck collision can rupture internal organs, causing life-threatening internal bleeding that may not be immediately apparent.

• Wrongful Death: Tragically, many 18-wheeler accidents in Polk County result in fatalities. When a trucking company’s negligence takes a loved one, surviving family members may be entitled to compensation for lost income, loss of companionship, and funeral expenses.

These injuries don’t just affect the victim—they impact entire families. Parents may be unable to care for their children. Spouses may lose their partner’s support and companionship. Children may grow up without a parent’s guidance. The emotional toll is as significant as the physical injuries.

Common Causes of 18-Wheeler Accidents in Polk County

Our experience with Polk County trucking cases has revealed several recurring causes of accidents:

Driver Fatigue and Hours of Service Violations

Federal regulations limit truck drivers to 11 hours of driving after 10 consecutive hours off duty, with a maximum 14-hour on-duty window. Despite these rules, we frequently find drivers violating hours-of-service regulations in Polk County, especially during peak shipping seasons.

Common violations include:

• Driving beyond the 11-hour limit
• Failing to take required 30-minute breaks
• Exceeding weekly 60/70-hour limits
• Falsifying logbooks (even with ELDs)
• Not taking required 34-hour restarts

These violations are particularly dangerous in Polk County, where drivers may be navigating unfamiliar rural roads after long hours on the highway.

Improper Cargo Loading and Securement

Cargo securement violations are among the most common FMCSA violations we encounter in Polk County cases. When cargo isn’t properly secured, it can:

• Shift during transit, causing rollover accidents
• Fall onto roadways, creating hazards for other vehicles
• Cause the truck to become unstable, especially on curves

The FMCSA has specific regulations (49 CFR § 393.100-136) governing how different types of cargo must be secured. Violations of these rules can be powerful evidence of negligence.

Brake Failures and Maintenance Neglect

Brake problems are a factor in approximately 29% of large truck crashes. In Polk County, we’ve seen cases where:

• Worn brake pads weren’t replaced
• Brake systems weren’t properly adjusted
• Air brake systems developed leaks
• Maintenance was deferred to save costs

The long descents on some of our rural roads put particular stress on brake systems, making proper maintenance critical.

Tire Blowouts

Tire failures are a significant hazard on Polk County roads. Common causes include:

• Underinflated tires causing overheating
• Overloaded vehicles exceeding tire capacity
• Worn or aging tires not replaced
• Road debris punctures
• Manufacturing defects

Steer tire blowouts are especially dangerous, as they can cause immediate loss of control. We’ve handled cases where blowouts on Highway 59 led to multi-vehicle pileups.

Distracted and Impaired Driving

Despite strict federal regulations, distracted and impaired driving remains a problem in the trucking industry. In Polk County cases, we’ve found:

• Drivers using cell phones for calls or texting
• Drivers using in-cab electronics for navigation or entertainment
• Drivers under the influence of alcohol or drugs
• Drivers using prescription medications that impair alertness

The FMCSA prohibits hand-held mobile phone use (49 CFR § 392.82) and texting while driving (49 CFR § 392.80), but violations still occur.

Blind Spot Accidents (“No-Zone” Crashes)

18-wheelers have significant blind spots, often called “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 cab door backward
• Right Side No-Zone: Extends from cab door backward (largest blind spot)

Many Polk County accidents occur when truck drivers change lanes without seeing vehicles in these blind spots. Proper mirror adjustment and checking are required by FMCSA regulations (49 CFR § 393.80).

Wide Turn Accidents (“Squeeze Play”)

Trucks need significant space to complete turns, often swinging wide to avoid curbs or obstacles. This creates a dangerous gap that other vehicles may enter, only to be crushed when the truck completes its turn.

These accidents are common in Polk County at intersections where:

• Trucks make right turns from left lanes
• Drivers fail to properly signal their intentions
• Other vehicles attempt to pass on the right

The Trucking Company’s Playbook—and How We Counter It

Trucking companies and their insurers have a well-developed playbook for minimizing claims. They begin protecting their interests within hours of an accident. Here’s what they do—and how we counter it:

Rapid Response Teams

What They Do: Within hours of an accident, trucking companies dispatch rapid response teams to:

• Secure the scene
• Collect evidence
• Interview drivers and witnesses
• Prepare their defense

How We Counter: We send spoliation letters immediately, demanding preservation of all evidence. Our team can be on the scene within hours to document conditions before evidence disappears.

Lowball Settlement Offers

What They Do: Insurance adjusters often make quick settlement offers before victims understand the full extent of their injuries. These offers are designed to pay far less than the case is worth.

How We Counter: We never accept early offers. We calculate the full value of your case, including future medical expenses and lost earning capacity, before considering any settlement.

Blaming the Victim

What They Do: Insurance companies frequently blame accident victims, arguing:

• You were partially at fault
• Your injuries existed before the accident
• You didn’t seek medical treatment promptly
• You didn’t follow doctor’s orders

How We Counter: Polk County uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. We gather evidence to disprove fault allegations and document the full extent of your injuries.

Delaying the Claims Process

What They Do: Insurance companies may drag out the claims process, hoping you’ll accept a lower settlement out of financial desperation.

How We Counter: We file lawsuits when necessary to force discovery and set depositions. Our goal is to resolve cases efficiently while maximizing your recovery.

Using Recorded Statements Against You

What They Do: Insurance adjusters are trained to get recorded statements that can be used to minimize your claim. They may ask leading questions or take your words out of context.

How We Counter: We advise clients NEVER to give recorded statements without an attorney present. We handle all communications with insurance companies to protect your rights.

The “Pre-Existing Condition” Defense

What They Do: Insurance companies often argue that your injuries existed before the accident or were aggravated by pre-existing conditions.

How We Counter: Texas follows the “Eggshell Skull” doctrine—we take you as we find you. If the accident aggravated a pre-existing condition, you’re entitled to compensation for the worsening of your condition.

The “Gap in Treatment” Attack

What They Do: Insurance companies look for gaps in your medical treatment to argue that your injuries aren’t as serious as you claim.

How We Counter: We document all treatment and explain any gaps with medical records. We ensure you receive consistent care to support your claim.

Sending Surveillance Investigators

What They Do: Insurance companies may hire investigators to surveil accident victims, looking for evidence that contradicts injury claims.

How We Counter: We advise clients on appropriate conduct. If surveillance is unfair or misleading, we expose it in court.

Hiring “Independent” Medical Examiners

What They Do: Insurance companies often send accident victims to doctors they hire, who tend to minimize injuries.

How We Counter: We rely on your treating physicians and independent medical experts to document the full extent of your injuries.

Why Choose Attorney911 for Your Polk County Trucking Accident Case

When you’re facing the aftermath of a serious trucking accident, you need more than just a lawyer—you need a team with the experience, resources, and determination to fight for your rights. Here’s what sets Attorney911 apart:

25+ Years of Trucking Litigation Experience

Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. With over 25 years of experience handling 18-wheeler and commercial vehicle accident cases, he knows how to build strong cases against trucking companies.

Federal Court Experience

Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas, which is critical for handling interstate trucking cases. Many trucking accidents involve federal regulations and may be filed in federal court.

Insider Knowledge of Insurance Company Tactics

Our firm includes a former insurance defense attorney who knows exactly how insurance companies evaluate, minimize, and deny claims. This insider knowledge gives us a significant advantage in building your case and negotiating with insurers.

Multi-Million Dollar Results

We’ve recovered millions of dollars for trucking accident victims, including:

• $5+ Million for a logging accident brain injury settlement
• $3.8+ Million for a car accident amputation settlement (complicated by staph infection)
• $2.5+ Million for truck crash recoveries
• Millions recovered for families in wrongful death cases

Comprehensive Investigation Capabilities

We leave no stone unturned in building your case:

• Immediate evidence preservation (ECM/black box data, ELD records)
• Accident reconstruction experts
• Medical experts to document injuries
• Vocational experts to calculate lost earning capacity
• Economic experts to determine present value of damages
• Life care planners for catastrophic injuries

Local Knowledge of Polk County

We understand Polk County’s unique challenges:

• The specific risks of Highway 59 and Highway 190
• The impact of oil field traffic on local roads
• The courts and judges who handle trucking cases
• The local medical facilities and rehabilitation centers
• The economic factors affecting our community

Bilingual Services

Polk County has a significant Hispanic population, and many trucking industry workers speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español.

No Fee Unless We Win

We work on a contingency fee basis—you pay nothing unless we win your case. We advance all costs of investigation and litigation. This means you can get the legal representation you need without worrying about upfront costs.

What to Do After an 18-Wheeler Accident in Polk County

If you’ve been involved in a trucking accident in Polk County, time is critical. Here’s what you should do:

1. Seek Medical Attention Immediately

Even if you don’t think you’re seriously injured, get checked out by a medical professional. Many injuries, including traumatic brain injuries and internal bleeding, may not show symptoms immediately. Polk County has excellent medical facilities, including:

• CHI St. Luke’s Health Memorial Livingston
• Tyler County Hospital (for residents in the eastern part of the county)
• Conroe Regional Medical Center (for more serious injuries)

2. Call the Police and File a Report

Always call 911 after a trucking accident. The police report will be crucial evidence in your case. Be sure to:

• Get the officer’s name and badge number
• Ask how to obtain a copy of the report
• Provide your account of what happened

3. Document the Scene

If you’re able, document the accident scene:

• Take photos of all vehicles involved, including license plates
• Photograph the truck’s DOT number (usually on the door)
• Take pictures of road conditions, skid marks, and traffic signs
• Document your injuries with photos
• Get contact information from witnesses

4. Collect Driver and Trucking Company Information

Get the following information from the truck driver:

• Name and contact information
• Commercial driver’s license (CDL) number
• Trucking company name and contact information
• Insurance information
• Truck and trailer license plate numbers

5. Don’t Give Statements to Insurance Companies

Insurance adjusters may contact you soon after the accident. Do not:

• Give recorded statements
• Sign any documents
• Accept settlement offers

Anything you say can be used to minimize your claim.

6. Contact an 18-Wheeler Accident Attorney Immediately

Critical evidence in trucking cases can disappear quickly. We send spoliation letters within hours of being retained to preserve:

• ECM/Black Box data (can be overwritten in 30 days)
• ELD records (only required to be kept for 6 months)
• Dashcam footage (often deleted within days)
• Maintenance records
• Driver qualification files

The sooner you contact us, the stronger your case will be.

The Evidence We Gather in Polk County Trucking Cases

Building a strong trucking accident case requires gathering comprehensive evidence. Here’s what we pursue in every Polk County case:

Electronic Data

• ECM/Black Box Data: Records speed, braking, throttle position, and fault codes
• ELD Records: Document hours of service and driving time
• GPS/Telematics Data: Shows route, speed, and location history
• Cell Phone Records: Prove distracted driving
• Dashcam Footage: Video evidence of the accident

Driver Records

• Driver Qualification File: Employment application, background check, medical certification
• Driving Record: History of violations and accidents
• Drug and Alcohol Test Results: Pre-employment and post-accident testing
• Training Records: Documentation of safety training

Vehicle Records

• Maintenance Records: Show if the truck was properly maintained
• Inspection Reports: Pre-trip, post-trip, and annual inspections
• Out-of-Service Orders: Previous violations that weren’t fixed
• Tire Records: Age, condition, and replacement history
• Brake Inspection Records: Adjustment and maintenance history

Company Records

• Hours of Service Records: For 6 months prior to the accident
• Dispatch Records: Show delivery schedules and pressure to meet deadlines
• Safety Policies: Documentation of company safety procedures
• Training Curricula: What drivers were taught about safety
• CSA Scores: The company’s safety record with FMCSA

Accident Scene Evidence

• Police Report: Official documentation of the accident
• Photographs: Of the scene, vehicles, and injuries
• Witness Statements: From people who saw the accident
• Accident Reconstruction: Expert analysis of how the accident occurred

Holding All Responsible Parties Accountable

In trucking accident cases, multiple parties may share responsibility for your injuries. We investigate all potentially liable parties, including:

The Truck Driver

The driver may be liable for:

• Speeding or reckless driving
• Distracted driving (cell phone, texting, dispatch communications)
• Fatigued driving beyond legal limits
• Impaired driving (drugs or alcohol)
• Failure to conduct proper pre-trip inspections
• Violation of traffic laws

The Trucking Company

Trucking companies are often the most important defendants because they have the deepest pockets. They may be liable for:

• Vicarious Liability: Responsibility for their employees’ actions
• Negligent Hiring: Hiring unqualified or dangerous drivers
• Negligent Training: Inadequate safety training
• Negligent Supervision: Failing to monitor driver performance
• Negligent Maintenance: Poor vehicle upkeep
• Negligent Scheduling: Pressuring drivers to violate hours of service

Cargo Owners and Shippers

The company that owns the cargo may be liable for:

• Providing improper loading instructions
• Failing to disclose hazardous nature of cargo
• Requiring overweight loading
• Pressuring carriers to expedite beyond safe limits

Cargo Loading Companies

Third-party loading companies may be liable for:

• Improper cargo securement (49 CFR 393 violations)
• Unbalanced load distribution
• Exceeding vehicle weight ratings
• Failure to use proper blocking, bracing, or tiedowns

Truck and Trailer Manufacturers

Manufacturers 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)

Parts Manufacturers

Companies that manufacture specific parts may be liable for:

• Defective brakes or brake components
• Defective tires causing blowouts
• Defective steering mechanisms
• Defective lighting components

Maintenance Companies

Third-party maintenance companies 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

Freight Brokers

Freight brokers who arrange transportation may be liable for:

• Negligent selection of carriers with poor safety records
• Failure to verify carrier insurance and authority
• Failure to check carrier CSA scores

Government Entities

In limited circumstances, government entities may be liable for:

• Dangerous road design
• Failure to maintain roads
• Inadequate signage
• Improper work zone setup

Understanding Your Damages

In Polk County trucking accident cases, you may be entitled to compensation for:

Economic Damages

• 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

• 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

In cases of gross negligence or willful misconduct, punitive damages may be available to punish the wrongdoer and deter similar conduct.

The Legal Process for Polk County Trucking Accident Cases

1. Free Consultation

We offer free, no-obligation consultations to discuss your case. During this meeting, we’ll:

• Review the facts of your accident
• Explain your legal rights
• Discuss potential compensation
• Answer your questions

2. Case Investigation

If we take your case, we’ll immediately begin investigating:

• Sending spoliation letters to preserve evidence
• Obtaining police reports
• Collecting medical records
• Interviewing witnesses
• Hiring experts as needed

3. Medical Treatment Facilitation

We can help connect you with medical providers, even if you don’t have insurance. Many doctors will treat accident victims on a lien basis, meaning they get paid from your settlement.

4. Demand Letter

Once we understand the full extent of your damages, we’ll send a comprehensive demand letter to the insurance company, calculating all your economic and non-economic damages.

5. Negotiation

We’ll negotiate aggressively with the insurance company to reach a fair settlement. Our goal is to resolve your case as efficiently as possible while maximizing your recovery.

6. Litigation (If Necessary)

If the insurance company refuses to make a fair offer, we’re prepared to file a lawsuit and take your case to trial. We prepare every case as if it’s going to trial, which creates strong leverage in settlement negotiations.

7. Resolution

Most cases settle before trial, but we’re fully prepared to take your case to court if necessary. We’ll guide you through every step of the process and keep you informed about the progress of your case.

Polk County-Specific Considerations

Local Courts and Judges

Polk County trucking cases may be filed in:

• Polk County District Court: For cases involving significant damages
• Polk County Court at Law: For cases with damages under $250,000
• Federal Court: For cases involving interstate commerce or federal regulations

We’re familiar with the local courts and judges who handle these cases, which gives us an advantage in navigating the legal process.

Statute of Limitations

In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. However, you should never wait this long. Evidence disappears quickly in trucking cases, and the sooner we begin investigating, the stronger your case will be.

Comparative Negligence

Texas uses a modified comparative negligence system. This means:

• If you’re less than 51% at fault, you can recover damages
• Your recovery is reduced by your percentage of fault
• If you’re 51% or more at fault, you cannot recover anything

For example, if you’re found to be 20% at fault for the accident, your recovery will be reduced by 20%.

Damage Caps

Texas has specific rules regarding damages in personal injury cases:

• Non-Economic Damages: No cap in most personal injury cases
• Punitive Damages: Capped at the greater of (2 × economic damages + non-economic damages up to $750,000) or $200,000

Common Questions About Polk County Trucking Accidents

How long do I have to file a lawsuit after a trucking accident in Polk County?

You have 2 years from the date of the accident to file a personal injury lawsuit in Texas. However, you should contact an attorney immediately. Critical evidence can disappear within days or weeks.

How much is my trucking accident case worth?

The value of your case depends on many factors, including:

• The severity of your injuries
• The cost of your medical treatment
• Your lost wages and earning capacity
• The degree of the trucking company’s negligence
• The available insurance coverage

Trucking companies carry higher insurance limits than typical drivers, often $750,000 to $5,000,000 or more. This means catastrophic injuries can actually be compensated.

Will my case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. This approach creates strong leverage in settlement negotiations. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys.

What if the truck driver was an independent contractor?

Even if the driver was an independent contractor, both the driver and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

What if I was partially at fault for the accident?

Texas uses a modified comparative negligence system. 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 long will my case take to resolve?

Timelines vary depending on the complexity of your case:

• Simple cases with clear liability: 6-12 months
• Moderate cases with disputed liability: 12-24 months
• Complex cases with catastrophic injuries: 2-4 years

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

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

No. We work on a contingency fee basis—you pay nothing unless we win your case. We advance all costs of investigation and litigation. This means you can get the legal representation you need without worrying about upfront costs.

What if the trucking company goes bankrupt?

Bankruptcy can complicate recovery, but there may still be options:

• The company’s insurance policy may still be available
• Other liable parties may have insurance coverage
• We may be able to pursue claims against individual owners or officers

We investigate all potential sources of recovery to maximize your compensation.

Can I still recover compensation if I didn’t go to the hospital immediately after the accident?

Yes, but it’s important to seek medical attention as soon as possible. Delaying treatment gives insurance companies ammunition to argue that your injuries weren’t caused by the accident. Even if you don’t go to the hospital immediately, see a doctor as soon as you notice any symptoms.

What if the trucking company offers me a settlement?

Never accept a settlement offer without consulting an attorney. Insurance companies often make lowball offers before victims understand the full extent of their injuries. Once you accept a settlement, you waive your right to additional compensation, even if your injuries turn out to be more serious than you initially thought.

Polk County Trucking Corridors: Where Accidents Happen

Polk County’s highways serve as critical links in the national freight network, bringing heavy truck traffic through our communities. Here are the key trucking corridors in our area and the specific risks they present:

Highway 59 (Future I-69)

Traffic Volume: High
Truck Types: Long-haul, local delivery, oil field equipment
Key Risks:

• Sudden traffic slowdowns leading to rear-end collisions
• Fatigue-related accidents from long-haul drivers
• Cargo securement failures on curves
• Distracted driving from drivers using in-cab electronics
• Construction zone accidents

Highway 59 is one of the busiest trucking corridors in Texas, connecting Houston’s port facilities to points north and east. The mix of local commuters and long-haul truckers creates dangerous conditions, especially during peak travel times.

Highway 190

Traffic Volume: Moderate to high
Truck Types: Local delivery, timber trucks, oil field equipment
Key Risks:

• Rollover accidents on curves
• Wide turn accidents at intersections
• Cargo spills from improperly secured loads
• Blind spot accidents during lane changes
• Speeding on rural stretches

Highway 190 serves as an important east-west route through Polk County, carrying truck traffic to and from distribution centers and industrial facilities. The rural nature of much of this highway can lead to complacency among drivers, while the curves present rollover risks.

Highway 146

Traffic Volume: Moderate
Truck Types: Local delivery, oil field equipment
Key Risks:

• Intersection accidents at unmarked crossings
• Underride collisions at stop signs
• Fatigue-related accidents from shift workers
• Distracted driving from drivers using cell phones
• Poor road conditions in rural areas

Highway 146 connects several Polk County communities and sees significant truck traffic from local industries. The mix of rural and urban sections creates different risk profiles along the route.

FM 350 (Livingston to Leggett)

Traffic Volume: Moderate
Truck Types: Timber trucks, local delivery, agricultural equipment
Key Risks:

• Overloaded timber trucks
• Cargo securement failures
• Poor road conditions
• Limited visibility at intersections
• Speeding on rural stretches

FM 350 serves the timber industry and sees heavy truck traffic carrying logs. The weight of these loads and the rural nature of the road create unique risks.

FM 356 (Livingston to Onalaska)

Traffic Volume: Moderate
Truck Types: Local delivery, oil field equipment
Key Risks:

• Intersection accidents
• Underride collisions
• Poor road conditions
• Limited visibility
• Speeding

FM 356 connects several Polk County communities and sees truck traffic from local industries. The rural nature of much of this route can lead to complacency among drivers.

Common Accident Locations in Polk County

Based on our experience with local cases, these locations have seen multiple trucking accidents:

• Highway 59 at FM 350: High-volume intersection with frequent rear-end collisions
• Highway 190 at FM 356: Curve with rollover risk for trucks
• Highway 59 at Highway 146: Intersection with visibility issues
• Highway 190 at FM 350: Rural intersection with stop sign violations
• Highway 59 construction zones: Frequent rear-end collisions during lane shifts
• Highway 146 at FM 942: Intersection with underride collision risk
• FM 350 bridges: Narrow bridges creating pinch points for large trucks

The Impact of Trucking Accidents on Polk County Families

Trucking accidents don’t just affect the victims—they impact entire families and communities. We’ve seen how these accidents change lives in Polk County:

Financial Devastation

• Medical bills that can exceed $1 million for catastrophic injuries
• Lost wages from missed work during recovery
• Reduced earning capacity for permanently disabled victims
• Home modifications required for accessibility
• Vehicle replacement costs

Emotional Toll

• The trauma of seeing a loved one injured
• The stress of caring for an injured family member
• The grief of losing a loved one in a fatal accident
• The anxiety of financial uncertainty
• The depression that often accompanies serious injuries

Family Disruption

• Parents unable to care for their children
• Spouses losing their partner’s support and companionship
• Children growing up without a parent’s guidance
• Families struggling to adapt to new limitations
• The strain on relationships from caregiving responsibilities

Community Impact

• The loss of productive community members
• The strain on local healthcare resources
• The economic impact on local businesses
• The increased insurance costs for all drivers
• The emotional toll on first responders who witness these accidents

Why Insurance Companies Fear Attorney911

Insurance companies know which law firms have the experience and resources to fight for maximum compensation. They fear firms like ours because:

We Know Their Playbook

Our team includes a former insurance defense attorney who knows exactly how insurance companies evaluate, minimize, and deny claims. We’ve seen their tactics from the inside, and we know how to counter them.

We Move Fast

We send spoliation letters within hours of being retained, demanding preservation of critical evidence before it’s destroyed. Insurance companies know we won’t let them hide or destroy evidence.

We Never Accept Lowball Offers

We calculate the full value of your case, including future medical expenses and lost earning capacity, before considering any settlement. We reject lowball offers and negotiate aggressively for fair compensation.

We’re Prepared to Go to Trial

Insurance companies know we’re willing to take cases to trial when necessary. This creates strong leverage in settlement negotiations. They offer better settlements to clients with trial-ready attorneys.

We Have the Resources to Fight

We have the financial resources to:

• Hire top experts
• Conduct thorough investigations
• Advance all case costs
• Take cases to trial if necessary

Insurance companies know that when we take a case, we’re prepared to fight for maximum compensation.

Client Testimonials: Real Stories from Polk County

“After my accident on Highway 59, I didn’t know what to do. The trucking company’s insurance was giving me the runaround. Attorney911 took my case and fought for me. They treated me like family, not just another case. I received a very nice settlement that helped me get my life back on track.”
— Mongo Slade, Polk County Client

“I was rear-ended by an 18-wheeler and the team got right to work. They knew exactly what to do to preserve the evidence and build my case. I also got a very nice settlement that covered my medical bills and more.”
— Glenda Walker, Polk County Client

“You are NOT just some client to them and you are NOT a pest. You are FAMILY to them. They will fight for you and make sure you get what you deserve.”
— Chad Harris, Polk County Client

“They fought for me to get every dime I deserved. The process took some time, but they made it feel like a breeze. I couldn’t have asked for better representation.”
— Dame Haskett, Polk County Client

“Consistent communication and not one time did I call and not get a clear answer. Ralph reached out personally to make sure I was doing okay. I highly recommend this firm.”
— Greg Garcia, Polk County Client

“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out. They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Polk County Client

Frequently Asked Questions About Polk County Trucking Accidents

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

If you’ve been in a trucking accident in Polk County, take these steps immediately if you’re able:

1. Call 911 and report the accident
2. Seek medical attention, even if injuries seem minor
3. Document the scene with photos and video if possible
4. Get the trucking company name, DOT number, and driver information
5. Collect witness contact information
6. Do NOT give recorded statements to any insurance company
7. 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. Polk County hospitals like CHI St. Luke’s Health Memorial Livingston 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 Polk 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 Polk 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 Polk 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?

Polk County uses Texas’s 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 but for trucks. 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 duty
• 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 Polk 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 Polk County?

Case values depend on many factors:

• Severity of injuries
• Medical expenses (past and future)
• Lost wages 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 Polk County?

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

• Lost future income and benefits
• Loss of consortium (companionship and guidance)
• Mental anguish and emotional suffering
• Funeral and burial 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 Polk 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.

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.

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.

Contact Attorney911 Today

If you or a loved one has been seriously injured in an 18-wheeler accident in Polk County, don’t wait. Every hour you delay, critical evidence is disappearing. The trucking company has lawyers working right now to protect their interests. You deserve the same level of representation.

Call Attorney911 today at 1-888-ATTY-911 for a free, no-obligation consultation. We’re available 24/7 to answer your questions and help you understand your legal rights. There’s no fee unless we win your case.

Remember: The insurance company is hoping you don’t know your rights. Let’s change that. Call us now at 1-888-ATTY-911.

“Trucking companies think they can push Polk County residents around. We push back harder.”
— Ralph Manginello, Managing Partner, Attorney911

Hablamos Español. Llame al 1-888-ATTY-911 para hablar con Lupe Peña, nuestro abogado asociado bilingüe.