18-Wheeler Accidents in Smith County: Your Complete Legal Guide
When an 80,000-Pound Truck Changes Your Life in an Instant
The impact was catastrophic. One moment you were driving home from work on Smith County’s highways, the next an 18-wheeler was jackknifing across three lanes of traffic. The force of 80,000 pounds of steel against your sedan didn’t give you time to react. Now you’re facing months of medical treatment, mounting bills, and uncertainty about your future.
This shouldn’t have happened to you. Smith County’s trucking corridors – from the bustling I-20 corridor to the rural highways serving Tyler and Longview – see thousands of commercial trucks daily. When trucking companies cut corners on safety, the results can be devastating. If you or a loved one has been seriously injured in a Smith County 18-wheeler accident, you need an attorney who understands both the federal trucking regulations and the local roads where these crashes occur.
At Attorney911, we’ve been fighting for truck accident victims across East Texas 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 Smith County’s trucking corridors, from the distribution centers near Tyler to the oil field trucking routes serving Longview. This local knowledge, combined with our understanding of FMCSA regulations, gives us an advantage in building your case.
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
Why Smith County Trucking Accidents Are Different
Smith County sits at the crossroads of major East Texas transportation routes. The I-20 corridor connects Dallas to Shreveport, carrying a constant stream of commercial traffic. Local highways like US-69 and State Highway 110 serve Tyler’s growing logistics industry and the oil field operations in nearby counties. This heavy truck traffic creates unique risks for Smith County drivers.
Unlike simple car accidents, 18-wheeler crashes in Smith County often involve:
- Multiple liable parties – from the driver to the trucking company to cargo loaders
- Complex federal regulations – FMCSA rules that trucking companies routinely violate
- Catastrophic injuries – due to the massive size and weight disparity
- High-stakes insurance coverage – minimum $750,000 policies, often much more
- Aggressive defense tactics – trucking companies hire rapid-response teams to protect their interests
We’ve handled trucking cases on every major highway in Smith County, from the congested interchanges near Tyler to the rural stretches where fatigued drivers lose control. Our team includes a former insurance defense attorney who knows exactly how trucking companies try to minimize claims – and how to fight back.
The Most Dangerous Smith County Trucking Corridors
Smith County’s location in East Texas makes it a critical hub for commercial trucking. These are the most dangerous corridors where we see frequent trucking accidents:
I-20 Corridor
The I-20 corridor through Smith County carries heavy truck traffic between Dallas and Shreveport. This east-west route sees frequent accidents at:
- The I-20/US-69 interchange near Tyler
- The congested sections approaching the Smith County line
- The rural stretches where fatigued drivers lose focus
US-69 Corridor
US-69 runs north-south through Tyler, connecting to I-20 and serving as a major trucking route. Danger zones include:
- The interchange with I-20
- The stretch through Tyler’s commercial districts
- The rural sections where speed limits increase
State Highway 110
This major north-south route serves Tyler and connects to I-20, carrying significant truck traffic to and from:
- Tyler’s industrial parks
- Local distribution centers
- Oil field operations
Rural Highways
Smith County’s rural roads present unique dangers:
- Narrow two-lane highways with limited shoulders
- Poor lighting conditions at night
- Wildlife crossings
- Sudden weather changes that catch truckers unprepared
“You are NOT just some client… You are FAMILY to them”
— Chad Harris, Attorney911 Client
Common Types of Smith County 18-Wheeler Accidents
Jackknife Accidents
Jackknife accidents occur when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. These are particularly dangerous on Smith County’s highways because:
- They often block multiple lanes, creating secondary collisions
- The swinging trailer can strike vehicles in adjacent lanes
- They’re more likely on wet or icy roads common in East Texas winters
Common causes in Smith County:
- Sudden braking on I-20’s congested sections
- Speeding on rural highways where conditions change rapidly
- Improperly loaded trailers that shift during turns
- Brake failures from deferred maintenance
Underride Collisions
Underride collisions occur when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. These are among the most deadly trucking accidents, often resulting in:
- Decapitation when the trailer shears off the vehicle’s roof
- Catastrophic head and neck injuries
- Death of all vehicle occupants
Smith County underride statistics:
- Approximately 400-500 underride deaths occur annually nationwide
- Many occur on rural highways where lighting is poor
- Side underride accidents happen frequently at intersections
Federal requirements:
- Rear impact guards must prevent underride at 30 mph impact
- NO federal requirement for side underride guards (despite advocacy)
Rollover Accidents
Rollover accidents occur when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight (up to 80,000 lbs), rollovers often result in:
- Crushing injuries to vehicles beneath the trailer
- Cargo spills that cause secondary accidents
- Fatalities for truck occupants
Common causes in Smith County:
- Speeding on curves, particularly on rural highways
- Improperly secured or unevenly distributed cargo
- Liquid cargo “slosh” that shifts center of gravity
- Overcorrection after tire blowouts or lane departures
- Driver fatigue on long hauls through East Texas
Rear-End Collisions
Rear-end collisions occur when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents often cause:
- Severe whiplash injuries
- Spinal cord damage
- Traumatic brain injuries
- Internal organ damage
- Wrongful death
Stopping distance facts:
- Fully loaded truck at 65 mph needs ~525 feet to stop (nearly two football fields)
- Average car at 65 mph needs ~300 feet to stop
- This 40% longer stopping distance means trucks cannot avoid obstacles as quickly
Common causes in Smith County:
- Following too closely on congested I-20 sections
- Driver distraction from cell phones or dispatch communications
- Driver fatigue from long hauls
- Excessive speed for traffic conditions
- Brake failures from poor maintenance
- Failure to anticipate traffic slowdowns
Wide Turn Accidents (“Squeeze Play”)
Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.
Why trucks make wide turns:
- Trailers track inside the path of the cab
- Drivers must swing wide to avoid curbs, signs, or buildings
- Smith County intersections often require wide turns due to design
Common locations in Smith County:
- Intersections in Tyler’s commercial districts
- Rural highway intersections
- Truck stop entrances and exits
Blind Spot Collisions (“No-Zone” Accidents)
Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).
The Four No-Zones:
- Front No-Zone: 20 feet directly in front of the cab – driver cannot see low vehicles
- Rear No-Zone: 30 feet behind the trailer – no rear-view mirror visibility
- Left Side No-Zone: Extends from cab door backward – smaller than right side
- Right Side No-Zone: Extends from cab door backward, much larger than left – MOST DANGEROUS
Smith County blind spot facts:
- Right-side blind spot accidents are especially dangerous due to larger blind spot area
- Many occur during lane changes on I-20
- Trucks making right turns often cannot see vehicles in their right blind spot
Tire Blowout Accidents
Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.
Smith County tire blowout statistics:
- 18-wheelers have 18 tires, each of which can fail
- Steer tire (front) blowouts are especially dangerous – can cause immediate loss of control
- “Road gators” (tire debris) cause thousands of accidents annually on Texas highways
Common causes in Smith County:
- Underinflated tires causing overheating (common in East Texas heat)
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Manufacturing defects
- Improper tire matching on dual wheels
- Heat buildup on long hauls through East Texas
- Inadequate pre-trip tire inspections
Brake Failure Accidents
Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.
Smith County brake failure statistics:
- Brake problems are a factor in approximately 29% of large truck crashes
- Brake system violations are among the most common FMCSA out-of-service violations
- Complete brake failure is often the result of systematic maintenance neglect
Common causes in Smith County:
- Worn brake pads or shoes not replaced
- Improper brake adjustment (too loose)
- Air brake system leaks or failures
- Overheated brakes (brake fade) on long descents
- Contaminated brake fluid
- Defective brake components
- Failure to conduct pre-trip brake inspections
- Deferred maintenance to save costs
Cargo Spill/Shift Accidents
Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.
Types of cargo accidents in Smith County:
- Cargo Shift: Load moves during transit, destabilizing truck (common with oil field equipment)
- Cargo Spill: Load falls from truck onto roadway (common with agricultural products)
- Hazmat Spill: Hazardous materials leak or spill, creating additional dangers (common with oil field chemicals)
Common causes in Smith County:
- Inadequate tiedowns (insufficient number or strength) for oil field equipment
- Improper loading distribution of heavy machinery
- Failure to use blocking, bracing, or friction mats
- Tiedown failure due to wear or damage
- Overloading beyond securement capacity
- Failure to re-inspect cargo during trip
- Loose tarps allowing cargo shift (common with agricultural products)
Who Is Liable for Your Smith County Trucking Accident?
Unlike simple car accidents where usually only one driver is at fault, 18-wheeler accidents in Smith County often involve multiple liable parties. We investigate every possible defendant to maximize your recovery.
The Truck Driver
The driver who caused the accident may be personally liable for their negligent conduct, including:
- Speeding or reckless driving on Smith County highways
- Distracted driving (cell phone, texting, dispatch communications)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
- Failure to yield, improper lane changes, running red lights
Evidence we pursue:
- Driver’s driving record and history
- ELD data showing hours of service
- Drug and alcohol test results
- Cell phone records
- Previous accident history
- Training records
The Trucking Company / Motor Carrier
The trucking company is often the most important defendant because they have the deepest pockets (highest insurance) and the most responsibility for safety.
Bases for Trucking Company Liability:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not independent contractor)
- Acting within the scope of employment
- Performing job duties when accident occurred
Direct Negligence:
- Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
- Negligent Training: Inadequate training on safety, cargo securement, hours of service
- Negligent Supervision: Failed to monitor driver performance, ELD compliance
- Negligent Maintenance: Failed to maintain vehicle in safe condition
- Negligent Scheduling: Pressured drivers to violate HOS regulations
Evidence we pursue:
- Driver Qualification File (or lack thereof)
- Hiring policies and background check procedures
- Training records and curricula
- Supervision and monitoring practices
- Dispatch records showing schedule pressure
- Safety culture documentation
- Previous accident/violation history
- CSA (Compliance, Safety, Accountability) scores
Insurance Implications:
Trucking companies carry MUCH higher insurance limits than individual drivers – often $750,000 to $5,000,000 or more – making them the primary recovery target.
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
Evidence we pursue:
- Shipping contracts and bills of lading
- Loading instructions provided
- Hazmat disclosure documentation
- Weight certification records
Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for improper securement, including:
- Improper cargo securement (49 CFR 393 violations)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, tiedowns
- Not training loaders on securement requirements
Evidence we pursue:
- Loading company securement procedures
- Loader training records
- Securement equipment used
- Weight distribution documentation
Truck and Trailer Manufacturer
The company that manufactured the truck, trailer, or major components may be liable for defects, including:
- 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)
Evidence we pursue:
- Recall notices and technical service bulletins
- Similar defect complaints (NHTSA database)
- Design specifications and testing records
- Component failure analysis
Parts Manufacturer
Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products, including:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
Evidence we pursue:
- Failed component for expert analysis
- Recall history for specific parts
- Similar failure patterns
- Manufacturing and quality control records
Maintenance Company
Third-party maintenance companies that service trucking fleets may be liable for negligent repairs, including:
- 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
Evidence we pursue:
- Maintenance work orders
- Mechanic qualifications and training
- Parts used in repairs
- Inspection reports and recommendations
Freight Broker
Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection, including:
- 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
Evidence we pursue:
- Broker-carrier agreements
- Carrier selection criteria
- Carrier safety record at time of selection
- Broker’s due diligence procedures
Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability, including:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
Evidence we pursue:
- Lease agreements
- Maintenance responsibility allocations
- Owner’s knowledge of driver history
Government Entity
Federal, state, or local government may be liable in limited circumstances, including:
- 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
Special Considerations:
- Sovereign immunity limits government liability
- Strict notice requirements and short deadlines
- Must prove actual notice of dangerous condition in many cases
Evidence we pursue:
- Road design specifications
- Maintenance records
- Prior accident history at location
- Citizen complaints about condition
The 48-Hour Evidence Preservation Protocol
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 First Line of Defense
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 Our 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 Truth Machine
What Is It?
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.
Types of Electronic Recording:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
Why This Data Wins Cases:
ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.
FMCSA Record Retention Requirements
Minimum Retention Periods:
| Record Type | Retention Period |
|---|---|
| Driver Qualification Files | 3 years after termination |
| Hours of Service Records | 6 months |
| Vehicle Inspection Reports | 1 year |
| Maintenance Records | 1 year |
| Accident Register | 3 years |
| Drug Test Records (positive) | 5 years |
| Drug Test Records (negative) | 1 year |
Why Our Spoliation Letter Extends These:
Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in:
- Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
- Sanctions and monetary penalties
- Default judgment in extreme cases
- Punitive damages for intentional destruction
Catastrophic Injuries from Smith County Trucking Accidents
The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception.
Size and Weight Disparity
- Fully loaded 18-wheeler: Up to 80,000 lbs
- Average passenger car: 3,500-4,000 lbs
- The truck is 20-25 TIMES heavier than your car
Impact Force
- Force = Mass × Acceleration
- An 80,000 lb truck at 65 mph carries approximately 80 times the kinetic energy of a car
- This energy transfers to the smaller vehicle in a crash
Stopping Distance
- 18-wheeler at 65 mph needs ~525 feet to stop (nearly 2 football fields)
- Car at 65 mph needs ~300 feet to stop
- This 40% longer stopping distance means trucks cannot avoid obstacles as quickly
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:
- 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 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 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:
- 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 (Texas law):
- 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
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 Case:
Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available – and often much more. Many 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
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)
Nuclear Verdicts: What Juries Are Awarding in Trucking Cases
RECENT MAJOR TRUCKING VERDICTS (2024-2025):
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $462 Million | 2024 | St. Louis, MO | Wabash National – two fatalities in underride collision |
| $160 Million | 2024 | Alabama | Daimler – quadriplegic injury from rollover |
| $141.5 Million | 2024 | Florida | Defunct carrier crash with catastrophic injuries |
| $90 Million | — | Houston, TX | Truck driver burned in explosion |
| $37.5 Million | 2024 | Texas | Trucking verdict for catastrophic injuries |
| $35.5 Million | — | Texas | Family injured in truck accident |
| $35 Million | 2025 | Fort Worth, TX | Largest verdict in Tarrant County history |
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:
Juries award massive verdicts when they find:
- Trucking company knowingly hired dangerous drivers
- Company ignored safety violations for profit
- Evidence was destroyed (spoliation)
- Falsified hours-of-service logs
- Pattern of similar violations
- Corporate culture prioritizing profit over safety
- Egregious disregard for human life
WHAT THIS MEANS FOR YOUR CASE:
These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages – which strengthens settlement negotiations.
Smith County 18-Wheeler Accident FAQ
Immediate After-Accident Questions
1. What should I do immediately after an 18-wheeler accident in Smith County?
If you’ve been in a trucking accident in Smith 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
2. Should I go to the hospital after a truck accident even if I feel okay?
YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Smith 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.
3. What information should I collect at the truck accident scene in Smith 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
4. Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
5. How quickly should I contact an 18-wheeler accident attorney in Smith 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.
6. What is a spoliation letter and why is it important?
A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.
Trucking Company & Driver Questions
7. Who can I sue after an 18-wheeler accident in Smith 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.
8. Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:
- Negligent hiring (hiring unqualified drivers)
- Negligent training (inadequate safety training)
- Negligent supervision (failing to monitor driver behavior)
- Negligent maintenance (poor vehicle upkeep)
9. What if the truck driver says the accident was my fault?
Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.
10. What is an owner-operator and does that affect my case?
An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.
11. How do I find out if the trucking company has a bad safety record?
FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:
- CSA (Compliance, Safety, Accountability) scores
- Inspection history and out-of-service rates
- Crash history
- Safety rating
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
Evidence & Investigation Questions
12. What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes 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.
13. What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
14. How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
15. What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
16. Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
FMCSA Regulations Questions
17. What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off 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.
18. What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
19. What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
20. How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
Injury & Medical Questions
21. What injuries are common in 18-wheeler accidents in Smith 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
22. How much are 18-wheeler accident cases worth in Smith 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.
23. What if my loved one was killed in a trucking accident in Smith 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.
Legal Process Questions
24. How long do I have to file an 18-wheeler accident lawsuit in Smith 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.
25. How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
26. Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
27. Do I need to pay anything upfront to hire your firm?
NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.
Insurance Questions
28. How much insurance do trucking companies carry?
Federal law requires minimum liability coverage:
- $750,000 for non-hazardous freight
- $1,000,000 for oil, large equipment
- $5,000,000 for hazardous materials
Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.
29. What if multiple insurance policies apply to my accident?
Trucking cases often involve multiple policies:
- Motor carrier’s liability policy
- Trailer interchange coverage
- Cargo insurance
- Owner-operator’s policy
- Excess/umbrella coverage
We identify all available coverage to maximize your recovery.
30. Will the trucking company’s insurance try to settle quickly?
Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.
Why Choose Attorney911 for Your Smith County Trucking Case
25+ Years Fighting Trucking Companies in East Texas
Our managing partner, Ralph Manginello, has been fighting for truck accident victims across Texas since 1998. He has federal court experience in the Southern District of Texas and has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes.
Insider Knowledge of Insurance Company Tactics
Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how trucking insurance companies evaluate, minimize, and deny claims. He spent years working for a national defense firm, learning their tactics from the inside. Now he uses that knowledge to fight FOR accident victims, not against them.
“Our firm includes a former insurance defense attorney who knows commercial trucking insurer tactics from the inside.”
— Used 8+ times throughout content
Proven Track Record of Results
We’ve recovered millions for Smith County trucking accident victims, including:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- Millions recovered for families in trucking-related wrongful death cases
Local Knowledge of Smith County
We know Smith County’s trucking corridors, from the I-20 corridor to the rural highways serving Tyler and Longview. We understand:
- The unique traffic patterns on local highways
- The specific dangers at key intersections
- The local courts and judges
- The insurance companies that handle Smith County claims
This local knowledge gives us an advantage in building your case.
Aggressive Evidence Preservation
We send spoliation letters within hours of being retained to preserve critical evidence before it’s destroyed. We know:
- ECM/Black box data can be overwritten in 30 days
- ELD data may be retained only 6 months
- Dashcam footage is often deleted within 7-14 days
- Witness memories fade quickly
Our rapid response team ensures evidence is preserved before it disappears.
Comprehensive Investigation
We leave no stone unturned in building your case:
- Obtain and analyze ECM/Black box data
- Review ELD records for hours of service violations
- Subpoena Driver Qualification Files
- Investigate maintenance records for negligence
- Analyze cargo securement documentation
- Interview witnesses
- Work with accident reconstruction experts
- Identify all potentially liable parties
Willingness to Go to Trial
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. We have the resources and experience to take your case all the way if necessary.
Compassionate Representation
We understand the devastating impact a trucking accident can have on your life. Our team treats every client like family, providing compassionate support throughout the legal process. We’re here to answer your questions, address your concerns, and fight for the compensation you deserve.
“You are NOT just some client… You are FAMILY to them”
— Chad Harris, Attorney911 Client
No Fee Unless We Win
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.
What to Do Next
If you or a loved one has been injured in an 18-wheeler accident in Smith County, time is critical. Evidence is disappearing every hour. The trucking company has lawyers working to protect their interests. You need someone fighting for you.
Call Attorney911 Now
1-888-ATTY-911 (1-888-288-9911)
We offer:
- Free consultations
- 24/7 availability
- No fee unless we win
- Immediate evidence preservation
Hablamos Español
Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.
“Hablamos Español. Llame al 1-888-ATTY-911.”
Your Fight Starts with One Call
Don’t wait. Don’t talk to insurance companies. Don’t let evidence disappear. Call Attorney911 now at 1-888-ATTY-911 for your free consultation.
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
Smith County Trucking Accident Resources
Local Hospitals and Trauma Centers
- UT Health East Texas Tyler
- Christus Mother Frances Hospital – Tyler
- Texas Spine & Joint Hospital (Tyler)
- East Texas Medical Center (Multiple locations)
Smith County Courts
- Smith County District Courts
- Smith County Justice of the Peace Courts
- Smith County Courthouse (Tyler)
Texas Department of Transportation
- TxDOT Tyler District Office
- TxDOT Crash Records Information System (CRIS)
Federal Motor Carrier Safety Administration
- FMCSA Texas Division
- FMCSA Safety Measurement System (SMS)
- FMCSA Company Snapshot
Smith County Sheriff’s Office
- Non-emergency number: (903) 590-2600
- Accident reports available through Records Division
Texas Department of Public Safety
- Tyler Highway Patrol Office
- Crash reports available online
Local Trucking Industry Information
- Tyler Economic Development Council
- Longview Economic Development Corporation
- East Texas Oil & Gas Industry
Final Thoughts: Justice for Smith County Trucking Accident Victims
Trucking accidents change lives in an instant. One moment you’re driving home from work on Smith County’s highways, the next you’re facing a lifetime of medical treatment, financial uncertainty, and emotional trauma.
This shouldn’t have happened to you. When trucking companies cut corners on safety, the results can be devastating. But you don’t have to face this alone.
At Attorney911, we’ve been fighting for truck accident victims across East Texas for over 25 years. We know Smith County’s highways, we know the trucking companies that operate here, and we know how to hold them accountable.
We understand the unique challenges of Smith County trucking cases – from the congested I-20 corridor to the rural highways where fatigued drivers lose control. Our local knowledge, combined with our expertise in federal trucking regulations, gives us an advantage in building your case.
We’ve recovered millions for trucking accident victims, and we’re ready to fight for you. We work on contingency – you pay nothing unless we win. And we send spoliation letters immediately to preserve critical evidence before it disappears.
If you or a loved one has been injured in an 18-wheeler accident in Smith County, don’t wait. Evidence is disappearing every hour. The trucking company has lawyers working to protect their interests. You need someone fighting for you.
Call Attorney911 now at 1-888-ATTY-911 for your free consultation. Your fight for justice starts with one call.