18-Wheeler Accidents in Upshur County: Your Complete Legal Guide

If you or a loved one has been involved in an 18-wheeler accident in Upshur County, you’re likely facing overwhelming physical, emotional, and financial challenges. The aftermath of a commercial truck collision can be devastating, with catastrophic injuries, mounting medical bills, and uncertainty about your future. At Attorney911, we understand what you’re going through, and we’re here to help you navigate this difficult time.

Our team, led by managing partner Ralph Manginello with over 25 years of experience, specializes in holding trucking companies accountable for their negligence. We know the Upshur County roads, the local courts, and the tactics that trucking companies use to avoid responsibility. With offices serving East Texas, we’re your local advocates fighting for the justice and compensation you deserve.

Why 18-Wheeler Accidents in Upshur County Are Different

Upshur County’s unique geography and economic landscape create specific risks for trucking accidents:

• Highway 271 and Highway 155 – These major thoroughfares see heavy truck traffic from oil field operations, timber transport, and agricultural shipments. The mix of local commuters and large commercial vehicles creates dangerous conditions, especially at intersections and during peak travel times.

• Oil and Gas Industry Trucking – The energy sector brings specialized vehicles to Upshur County roads, including oversized loads, hazardous material transports, and heavy equipment that requires additional safety precautions.

• Timber and Agricultural Transport – Our county’s timber and farming industries generate significant truck traffic, often with oversized or unevenly distributed loads that can shift during transport, causing rollovers or jackknife accidents.

• Rural Road Challenges – Many Upshur County roads lack proper lighting, signage, and shoulder space, making them particularly hazardous for large trucks and passenger vehicles to share safely.

• Weather Conditions – From sudden summer thunderstorms to occasional winter ice, Upshur County weather can create dangerous driving conditions that require extra caution from commercial drivers.

The trucking industry’s presence in Upshur County means that when accidents happen, they often involve complex liability issues, multiple responsible parties, and significant insurance coverage. This creates both challenges and opportunities for accident victims seeking compensation.

Common Types of 18-Wheeler Accidents in Upshur County

Jackknife Accidents

Jackknife accidents are particularly common on Upshur County’s highways and rural roads. These occur when a truck’s trailer swings out to the side, forming an angle with the cab that resembles a folding pocket knife. The trailer can sweep across multiple lanes of traffic, causing catastrophic multi-vehicle collisions.

On Highway 271 and Highway 155, jackknife accidents often happen when:

• Drivers brake suddenly on wet or icy roads
• Empty trailers swing more easily in high winds
• Improperly loaded cargo shifts during transit
• Drivers take curves too quickly, especially with heavy loads

Underride Collisions

Underride accidents are among the most deadly types of truck crashes. These occur when a passenger vehicle slides underneath the trailer of an 18-wheeler, often shearing off the top of the car and causing catastrophic head injuries or decapitation.

In Upshur County, underride accidents frequently happen at:

• Intersections where trucks make wide turns
• Highway on-ramps where cars accelerate to merge
• Areas with poor lighting where trailers are difficult to see
• Locations where trucks stop suddenly without proper warning

Rollover Accidents

Rollover accidents are particularly dangerous in Upshur County due to our rural road conditions and the types of cargo commonly transported. When a truck rolls over, it can crush vehicles beneath it, spill hazardous cargo, or create chain-reaction crashes.

Common causes in Upshur County include:

• Taking curves too quickly on rural roads
• Sudden maneuvers to avoid wildlife or road debris
• Improperly secured loads that shift during transit
• Uneven road surfaces or soft shoulders on county roads

Rear-End Collisions

Rear-end collisions involving 18-wheelers are especially devastating due to the massive weight disparity. A fully loaded truck can weigh up to 80,000 pounds – 20-25 times more than a passenger vehicle. When a truck rear-ends a car, the results are often catastrophic.

In Upshur County, these accidents commonly occur:

• On Highway 271 during rush hour traffic
• At stoplights in Gilmer where trucks approach too quickly
• On rural roads where visibility is limited
• When trucks fail to maintain proper following distance

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents, also known as “squeeze play” accidents, are a significant risk in Upshur County’s towns and at rural intersections. These occur when a truck swings wide to the left before making a right turn, creating a gap that smaller vehicles may try to enter. As the truck completes its turn, it can crush or sideswipe the vehicle that entered the gap.

These accidents are particularly common:

• In downtown Gilmer where space is limited
• At intersections with multiple turning lanes
• On rural roads where drivers misjudge turning space
• When truck drivers fail to use proper turn signals

Blind Spot Accidents (“No-Zone”)

Every 18-wheeler has significant blind spots, known as “No-Zones,” where the driver cannot see other vehicles. These blind spots are particularly dangerous on Upshur County’s two-lane highways and rural roads where vehicles may travel alongside trucks for extended periods.

The four main No-Zones are:

1. Front No-Zone – Extends 20 feet directly in front of the cab
2. Rear No-Zone – Extends 30 feet behind the trailer
3. Left Side No-Zone – Extends from the cab door backward
4. Right Side No-Zone – Extends from the cab door backward and is much larger than the left side

Tire Blowout Accidents

Tire blowouts are a serious hazard on Upshur County roads, particularly given our hot summers and the heavy loads carried by many commercial vehicles. When a truck tire blows out, it can cause the driver to lose control, create road debris that strikes other vehicles, or cause the truck to jackknife.

Common causes in Upshur County include:

• Underinflated tires that overheat in summer heat
• Overloaded vehicles exceeding tire capacity
• Worn or aging tires that haven’t been replaced
• Road debris punctures on rural roads
• Manufacturing defects in tire construction

Brake Failure Accidents

Brake failures are particularly dangerous in Upshur County due to our hilly terrain and the heavy loads carried by many commercial vehicles. When a truck’s braking system fails, the driver may be unable to stop in time to avoid a collision.

Common causes include:

• Worn brake pads or shoes that haven’t been replaced
• Improper brake adjustments
• Air brake system leaks or failures
• Overheated brakes on long descents
• Contaminated brake fluid
• Deferred maintenance to save costs

Cargo Spill and Shift Accidents

Cargo-related accidents are a significant risk in Upshur County due to our agricultural, timber, and oil industries. Improperly secured cargo can fall from trucks, shift during transit causing instability, or spill hazardous materials onto the roadway.

Types of cargo accidents we see in Upshur County:

• Timber Load Shifts – Improperly secured logs can shift and fall
• Oil Field Equipment – Heavy machinery can become unsecured
• Agricultural Products – Hay bales, equipment, or produce can fall
• Hazardous Material Spills – Chemicals or fuel can leak during transport

Why Trucking Accidents Cause Catastrophic Injuries

The physics of 18-wheeler accidents make catastrophic injuries the norm rather than the exception in Upshur County crashes:

• Massive Weight Disparity – A fully loaded 18-wheeler can weigh up to 80,000 pounds, while the average passenger car weighs only 3,500-4,000 pounds. This means the truck is 20-25 times heavier than your vehicle.

• Impact Force – The force of impact is determined by mass multiplied by acceleration. An 80,000-pound truck traveling at 65 mph carries approximately 80 times the kinetic energy of a passenger car at the same speed.

• Stopping Distance – At 65 mph, an 18-wheeler needs approximately 525 feet to stop – nearly two football fields. A passenger car at the same speed needs only about 300 feet. This 40% longer stopping distance means trucks cannot avoid obstacles as quickly as cars.

• Trailer Height – The height of a trailer’s undercarriage often aligns with the windshield level of passenger vehicles, creating a guillotine effect in underride collisions.

These factors combine to make trucking accidents in Upshur County particularly devastating. The injuries we commonly see include:

Traumatic Brain Injury (TBI)

TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces can cause the brain to impact the inside of the skull, resulting in:

• Mild TBI (Concussion) – Temporary confusion, headaches, dizziness
• Moderate TBI – Extended unconsciousness, memory problems
• Severe TBI – Coma, permanent cognitive impairment, lifelong disability

TBI victims often face:

• Memory loss and difficulty concentrating
• Mood changes, depression, and anxiety
• Speech and language difficulties
• Permanent cognitive impairment
• Increased risk of dementia and Alzheimer’s disease

The lifetime care costs for TBI can range from $85,000 to over $3 million, depending on severity.

Spinal Cord Injury and Paralysis

Spinal cord injuries disrupt communication between the brain and body, often resulting in paralysis. The level of injury determines the extent of paralysis:

• Paraplegia – Loss of function below the waist
• Quadriplegia – Loss of function in all four limbs
• Incomplete Injury – Some nerve function remains
• Complete Injury – Total loss of sensation and movement below the injury

Spinal cord injuries often require:

• Immediate emergency surgery
• Long-term rehabilitation
• Home modifications for accessibility
• Assistive devices (wheelchairs, ventilators)
• 24/7 care for high-level injuries

Lifetime care costs range from $1.1 million for low paraplegia to over $5 million for high quadriplegia.

Amputations

Amputations can occur at the scene due to crash forces or may be necessary later when limbs are too severely damaged to save. Common causes in Upshur County truck accidents include:

• Crushing forces from truck impact
• Entrapment requiring amputation for extraction
• Severe burns requiring surgical removal
• Infections from open wounds

Amputation victims face:

• Multiple surgeries and hospitalizations
• Prosthetic limbs ($5,000-$50,000 each)
• Lifelong prosthetic replacements
• Physical therapy and rehabilitation
• Psychological counseling for trauma
• Permanent disability and career limitations

Severe Burns

Burn injuries are particularly common in Upshur County due to our oil and gas industry. Burns can result from:

• Fuel tank ruptures and fires
• Hazmat cargo spills and ignition
• Electrical fires from battery/wiring damage
• Friction burns from road contact
• Chemical burns from hazmat exposure

Burn severity is classified by degree:

• First Degree – Epidermis only (minor, heals without scarring)
• Second Degree – Epidermis and dermis (may scar, may need grafting)
• Third Degree – Full thickness (requires skin grafts)
• Fourth Degree – Through skin to muscle/bone (multiple surgeries, possible amputation)

Burn victims often require:

• Multiple skin graft surgeries
• Long-term wound care
• Physical therapy for contractures
• Psychological counseling for trauma
• Treatment for chronic pain

Internal Organ Damage

The forces involved in 18-wheeler accidents can cause severe internal injuries that may not be immediately apparent. Common internal injuries include:

• Liver Laceration or Rupture – Can cause life-threatening internal bleeding
• Spleen Damage – Often requires surgical removal
• Kidney Damage – May require dialysis or transplant
• Lung Contusion or Collapse – Can cause breathing difficulties
• Internal Bleeding – Can be life-threatening if not treated immediately
• Bowel and Intestinal Damage – May require surgical repair

Internal injuries are particularly dangerous because:

• Symptoms may not appear immediately
• Internal bleeding can be life-threatening
• Emergency surgery is often required
• Organ removal affects long-term health

Wrongful Death

When a trucking accident in Upshur County results in fatality, surviving family members may pursue a wrongful death claim. These claims allow recovery of:

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

In Texas, the statute of limitations for wrongful death claims is two years from the date of death.

Who Is Liable for Your Upshur County 18-Wheeler Accident?

One of the most important aspects of trucking accident cases is that multiple parties may be legally responsible for your injuries. Unlike car accidents where usually only one driver is at fault, 18-wheeler accidents in Upshur County often involve a web of companies and individuals who all contributed to the dangerous conditions that caused the crash.

At Attorney911, we investigate every potentially liable party to maximize your recovery. These may include:

The Truck Driver

The driver who caused your accident may be personally liable for negligent conduct such as:

• Speeding or reckless driving
• Distracted driving (cell phone use, texting, dispatch communications)
• Fatigued driving beyond legal limits
• Impaired driving (drugs, alcohol)
• Failure to conduct proper pre-trip inspections
• Violation of traffic laws (running red lights, improper lane changes)
• Failure to yield right-of-way

We investigate:

• The driver’s complete driving record
• 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 typically have the deepest pockets (highest insurance coverage) and the most responsibility for safety.

Vicarious Liability (Respondeat Superior):
Under this legal doctrine, employers are responsible for employees’ negligent acts within the scope of employment. This applies when:

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

Direct Negligence:
Trucking companies can also be directly liable for:

• Negligent Hiring – Failing to check the driver’s background, driving record, or qualifications
• Negligent Training – Providing inadequate training on safety, cargo securement, or hours of service regulations
• Negligent Supervision – Failing to monitor driver performance, ELD compliance, or safety violations
• Negligent Maintenance – Failing to maintain vehicles in safe operating condition
• Negligent Scheduling – Pressuring drivers to violate hours of service regulations to meet deadlines

We pursue:

• The 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 and violation history
• CSA (Compliance, Safety, Accountability) scores

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 the hazardous nature of cargo
• Requiring overweight loading
• Pressuring the carrier to expedite beyond safe limits
• Misrepresenting cargo weight or characteristics

We investigate:

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

We examine:

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

Truck and Trailer Manufacturer

The companies that manufactured the truck, trailer, or major components may be liable for defects such as:

• Design defects in brake systems, stability control, or fuel tank placement
• Manufacturing defects like faulty welds or component failures
• Failure to warn of known dangers
• Defective safety systems (ABS, ESC, collision warning)

We investigate:

• Recall notices and technical service bulletins
• Similar defect complaints in the 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 brakes or brake components
• Defective tires causing blowouts
• Defective steering mechanisms
• Defective lighting components
• Defective coupling devices

We pursue:

• Failed components 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 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

We examine:

• 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 selection of carriers with poor safety records
• Failure to verify carrier insurance and operating authority
• Failure to check carrier CSA scores
• Selecting the cheapest carrier despite safety concerns

We investigate:

• 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 where the driver owns their own truck, the truck owner may have separate liability for:

• Negligent entrustment of the vehicle
• Failure to maintain owned equipment
• Knowledge of the driver’s unfitness

We examine:

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

Government Entity

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

• Dangerous road design that contributed to the 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 apply to government liability claims:

• Sovereign immunity limits government liability
• Strict notice requirements and short deadlines apply
• You must prove actual notice of the dangerous condition in many cases

The Critical 48-Hour Evidence Preservation Window

In 18-wheeler accident cases in Upshur County, evidence disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act fast, critical evidence will be lost forever.

At Attorney911, we understand the urgency. That’s why we send spoliation letters within 24-48 hours of being retained to preserve all evidence before it’s destroyed.

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 by regulation
Dashcam Footage	Often deleted within 7-14 days
Surveillance Video	Business cameras typically overwrite in 7-30 days
Witness Memory	Fades significantly within weeks
Physical Evidence	Vehicle may be repaired, sold, or scrapped
Drug/Alcohol Tests	Must be conducted within specific windows

The Spoliation Letter: Your Legal Shield

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 legal consequences if evidence is destroyed
• Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
• The sooner it’s 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 a blowout was involved

ECM/Black Box Data: The Objective Truth

Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks. This data is objective and tamper-resistant, making it some of the most powerful evidence in your case.

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 the road ahead, some record cab interior

Critical Data Points We Obtain:

• Speed Before Crash – Proves speeding or excessive speed for conditions
• Brake Application – Shows when and how hard brakes were applied
• Throttle Position – Reveals if the 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 the driver ignored

Why This Data Wins Cases:

ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims like:

• “I wasn’t speeding”
• “I hit my brakes immediately”
• “I was only driving for 8 hours”

This data has led to multi-million dollar verdicts in trucking cases across Texas.

FMCSA Record Retention Requirements

The Federal Motor Carrier Safety Administration (FMCSA) requires minimum retention periods for various records:

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 Requirements:

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

FMCSA Regulations: The Legal Standard for Trucking Safety

The Federal Motor Carrier Safety Administration (FMCSA) regulates all commercial motor vehicles operating in interstate commerce. These regulations, found in Title 49 of the Code of Federal Regulations (49 CFR), establish the legal standard for trucking safety.

When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation for Upshur County accident victims.

The 6 Critical Parts of FMCSA Regulations

Part	Title	What It Covers
Part 390	General Applicability	Definitions, who regulations apply to
Part 391	Driver Qualification	Who can drive, medical requirements, training
Part 392	Driving Rules	Safe operation, fatigue, drugs, alcohol
Part 393	Vehicle Safety	Equipment, cargo securement, brakes, lights
Part 395	Hours of Service	How long drivers can drive, required rest
Part 396	Inspection & Maintenance	Vehicle upkeep, inspections, records

Part 390: General Applicability

Purpose: Establishes who must comply with federal trucking regulations.

Applies To:

• All motor carriers operating commercial motor vehicles (CMVs) in interstate commerce
• All drivers of CMVs in interstate commerce
• All vehicles with GVWR over 10,001 lbs
• All vehicles designed to transport 16+ passengers (including driver)
• All vehicles transporting hazardous materials requiring placards

Key Definitions:

Term	Definition
Commercial Motor Vehicle (CMV)	Vehicle with GVWR 10,001+ lbs, designed for 16+ passengers, or transporting hazardous materials
Motor Carrier	Person or company operating CMVs in interstate commerce
Driver	Any person who operates a CMV
Interstate Commerce	Trade, traffic, or transportation crossing state lines

49 CFR § 390.3 – General Applicability:
“The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”

Part 391: Driver Qualification Standards

Purpose: Establishes who is qualified to drive a commercial motor vehicle.

Minimum Driver Qualifications (49 CFR § 391.11):

A person shall not drive a commercial motor vehicle unless they:

1. Are at least 21 years old (interstate) or 18 years old (intrastate)
2. Can read and speak English sufficiently
3. Can safely operate the CMV and cargo type
4. Are physically qualified under § 391.41
5. Have a valid commercial motor vehicle operator’s license (CDL)
6. Have completed a driver’s road test or equivalent
7. Are not disqualified under § 391.15 (violations, suspensions)
8. Have completed required entry-level driver training

Driver Qualification File Requirements (49 CFR § 391.51):

Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:

Document	Requirement
Employment Application	Completed per § 391.21
Motor Vehicle Record	From state licensing authority
Road Test Certificate	Or equivalent documentation
Medical Examiner’s Certificate	Current, valid (max 2 years)
Annual Driving Record Review	Must be conducted and documented
Previous Employer Inquiries	3-year driving history investigation
Drug & Alcohol Test Records	Pre-employment and random testing

Why This Matters for Your Upshur County Case:

If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case we handle in Upshur County.

Physical Qualification Requirements (49 CFR § 391.41):

Drivers must be medically qualified to operate CMVs. Key requirements include:

• No loss of foot, leg, hand, or arm (without exemption)
• No established medical history of epilepsy or seizures
• No mental, nervous, or psychiatric disorder likely to interfere with safe driving
• No current clinical diagnosis of alcoholism
• No use of Schedule I controlled substances
• No use of non-Schedule I substances that impair driving ability
• Vision of at least 20/40 in each eye (with or without correction)
• Hearing adequate to perceive a forced whisper at 5 feet

Part 392: Driving of Commercial Motor Vehicles

Purpose: Establishes rules for the safe operation of CMVs.

Ill or Fatigued Operators (49 CFR § 392.3):
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

Why This Matters: This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident in Upshur County.

Drugs and Other Substances (49 CFR § 392.4):
A driver shall not be on duty or operate a CMV while:

1. Under the influence of any Schedule I substance
2. Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
3. Possessing a Schedule I substance (unless prescription)

Alcohol (49 CFR § 392.5):
A driver shall not:

1. Use alcohol within 4 hours before going on duty or operating a CMV
2. Use alcohol while on duty or operating a CMV
3. Be under the influence of alcohol (.04 BAC or higher) while on duty
4. Possess any alcohol while on duty (with limited exceptions)

Speeding (49 CFR § 392.6):
“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

Following Too Closely (49 CFR § 392.11):
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”

Mobile Phone Use (49 CFR § 392.82):
Drivers are PROHIBITED from:

• Using a hand-held mobile telephone while driving
• Reaching for a mobile phone in a manner requiring leaving the seated position
• Texting while driving (49 CFR § 392.80)

Part 393: Parts and Accessories for Safe Operation

Purpose: Establishes equipment and cargo securement standards.

Cargo Securement (49 CFR § 393.100-136):

General Requirements (§ 393.100):
Cargo must be contained, immobilized, or secured to prevent:

• Leaking, spilling, blowing, or falling from the vehicle
• Shifting that affects vehicle stability or maneuverability
• Blocking the driver’s view or interfering with operation

Performance Criteria (§ 393.102):
Cargo securement systems must withstand:

• Forward: 0.8 g deceleration (sudden stop)
• Rearward: 0.5 g acceleration
• Lateral: 0.5 g (side-to-side)
• Downward: At least 20% of cargo weight if not fully contained

Tiedown Requirements:

• Aggregate working load limit must be at least 50% of cargo weight for loose cargo
• At least one tiedown for cargo 5 feet or less in length
• At least two tiedowns for cargo over 5 feet or under 1,100 lbs
• Additional tiedowns for every 10 feet of cargo length

Brakes (49 CFR § 393.40-55):
All CMVs must have properly functioning brake systems:

• Service brakes on all wheels
• Parking/emergency brake system
• Air brake systems must meet specific requirements
• Brake adjustment must be maintained within specifications

Lighting (49 CFR § 393.11-26):
Required lighting includes:

• Headlamps, tail lamps, stop lamps
• Clearance and side marker lamps
• Reflectors and retroreflective sheeting
• Turn signal lamps

Why This Matters for Your Upshur County Case: Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.

Part 395: Hours of Service (HOS) Regulations

Purpose: Prevents driver fatigue by limiting driving time and requiring rest.

THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely to Upshur County road conditions.

Property-Carrying Drivers (Most 18-Wheelers):

Rule	Requirement	Violation Consequence
11-Hour Driving Limit	Cannot drive more than 11 hours after 10 consecutive hours off duty	Fatigue-related accidents
14-Hour Duty Window	Cannot drive beyond the 14th consecutive hour after coming on duty	Driver exhaustion
30-Minute Break	Must take 30-minute break after 8 cumulative hours of driving	Impaired alertness
60/70-Hour Limit	Cannot drive after 60 hours in 7 days or 70 hours in 8 days	Cumulative fatigue
34-Hour Restart	Can restart 60/70-hour clock with 34 consecutive hours off	Inadequate recovery
10-Hour Off-Duty	Must have minimum 10 consecutive hours off duty before driving	Insufficient rest

Sleeper Berth Provision (49 CFR § 395.1(g)):
Drivers using a sleeper berth may split their 10-hour off-duty period:

• At least 7 consecutive hours in the sleeper berth
• Plus at least 2 consecutive hours off-duty (in berth or otherwise)
• Neither period counts against the 14-hour window

Electronic Logging Device (ELD) Mandate (49 CFR § 395.8):

Since December 18, 2017, most CMV drivers must use ELDs that:

• Automatically record driving time
• Synchronize with the vehicle engine to record objective data
• Cannot be altered after the fact (unlike paper logs)
• Record GPS location, speed, engine hours

Why ELD Data Is Critical Evidence:

ELDs prove:

• Exactly how long the driver was on duty
• Whether breaks were taken as required
• Speed before and during the accident
• GPS location history
• Any HOS violations

WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.

Part 396: Inspection, Repair, and Maintenance

Purpose: Ensures CMVs are maintained in safe operating condition.

General Maintenance Requirement (§ 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”

Driver Inspection Requirements:

Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. They must review the last driver vehicle inspection report if defects were noted.

Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare a written report on vehicle condition covering at minimum:

• Service brakes
• Parking brake
• Steering mechanism
• Lighting devices and reflectors
• Tires
• Horn
• Windshield wipers
• Rear vision mirrors
• Coupling devices
• Wheels and rims
• Emergency equipment

Annual Inspection (§ 396.17):
Every CMV must pass a comprehensive annual inspection covering 16+ systems. The inspection decal must be displayed. Records must be retained for 14 months.

Maintenance Record Retention (§ 396.3):
Motor carriers must maintain records for each vehicle showing:

• Identification (make, serial number, year, tire size)
• Schedule for inspection, repair, and maintenance
• Record of repairs and maintenance
• Records must be retained for 1 year

Why This Matters for Your Upshur County Case: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.

Most Common FMCSA Violations in Upshur County Trucking Accidents

Top 10 Violations We Find in Upshur County Trucking Accident Cases:

1. Hours of Service Violations – Driving beyond the 11-hour limit, no breaks
2. False Log Entries – Falsifying ELD or paper log records
3. Failure to Maintain Brakes – Worn brakes, improper adjustment
4. Cargo Securement Failures – Inadequate tiedowns, shifting loads
5. Unqualified Driver – Operating without a valid CDL or medical certificate
6. Drug/Alcohol Violations – Operating under the influence, failed tests
7. Mobile Phone Use – Texting, hand-held phone use while driving
8. Failure to Inspect – No pre-trip inspection, ignored defects
9. Improper Lighting – Non-functioning lights, missing reflectors
10. Negligent Hiring – No background check, incomplete DQ file

How We Prove Violations in Upshur County Cases:

Evidence Type	What It Shows
ELD Data	Hours of service violations, driving time
ECM/Black Box	Speed, braking, throttle position
Driver Qualification File	Hiring negligence, training gaps
Maintenance Records	Deferred repairs, known defects
Inspection Reports	Pre-existing violations
Drug/Alcohol Tests	Impairment at time of accident
Dispatch Records	Pressure to violate HOS

The Insurance Battle: Why You Need an Experienced Upshur County Trucking Accident Attorney

Trucking companies and their insurers have teams of lawyers working to minimize your claim. At Attorney911, we level the playing field with our insider knowledge and aggressive representation.

Why Attorney911 Has an Unfair Advantage

Our team includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims. Now he uses that insider knowledge to fight for you.

What Lupe Learned on the Other Side:

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

Common Insurance Tactics and How We Counter Them

Insurance Company Tactic	Attorney911 Counter-Strategy
Quick Lowball Settlement Offers	We NEVER accept early offers; we calculate full future damages first
Denying or Minimizing Injuries	We obtain comprehensive medical documentation and expert testimony
Blaming the Victim (Comparative Fault)	We investigate fully and gather evidence disproving fault allegations
Delaying the Claims Process	We file lawsuits to force discovery and set depositions
Using Recorded Statements Against Victims	We advise clients NEVER to give statements without an attorney present
“Pre-Existing Condition” Defense	We apply Texas’s “Eggshell Skull” doctrine (take plaintiff as found)
“Gap in Treatment” Attacks	We document all treatment and explain gaps with medical records
Sending Surveillance Investigators	We advise clients on appropriate conduct and expose unfair surveillance
Hiring “Independent” Medical Examiners	We counter with our client’s treating physicians and independent experts
Drowning Plaintiff in Paperwork	We use aggressive litigation and motion practice to force resolution

What Your Upshur County 18-Wheeler Accident Case Is Worth

The value of your case depends on many factors, but trucking accidents typically result in higher compensation than car accidents due to the severity of injuries and the higher insurance limits carried by commercial carriers.

Factors That Determine Case Value

1. Severity of Injuries – Catastrophic injuries like TBI, spinal cord damage, and amputations result in higher compensation
2. Medical Expenses – Both past and future medical costs are recoverable
3. Lost Wages – Income lost due to injury and recovery
4. Lost Earning Capacity – Reduction in future earning ability
5. Pain and Suffering – Physical pain and emotional distress
6. Degree of Defendant’s Negligence – Gross negligence may support punitive damages
7. Insurance Coverage Available – Trucking companies carry higher limits ($750,000 minimum)
8. Comparative Fault – Texas’s modified comparative negligence rules apply

Settlement and Verdict Ranges for Upshur County Cases

Injury Type	Typical Settlement Range
Soft Tissue Injuries (Whiplash)	$15,000 – $60,000
Herniated Disc (Non-Surgical)	$50,000 – $200,000
Herniated Disc (With Surgery)	$346,000 – $1,205,000
Traumatic Brain Injury (Moderate to Severe)	$1,548,000 – $9,838,000+
Spinal Cord Injury	$4,770,000 – $25,880,000+
Amputation	$1,945,000 – $8,630,000
Wrongful Death	$1,910,000 – $9,520,000+

Documented Multi-Million Dollar Trucking Verdicts and Settlements

While every case is unique, these documented results demonstrate what’s possible when trucking companies are held accountable:

• $730 Million – Texas case (Ramsey v. Landstar Ranger, 2021) – Navy propeller oversize load killed 73-year-old woman
• $150 Million – Texas settlement (Werner, 2022) – Two children killed on I-30
• $462 Million – Missouri verdict (2024) – Underride decapitation case
• $160 Million – Alabama verdict (2024) – Rollover left driver quadriplegic
• $141.5 Million – Florida verdict (2023) – Carrier case
• $37.5 Million – Texas trucking verdict (2024)

At Attorney911, we’ve recovered millions for trucking accident victims across Texas, including cases in East Texas. Our results include:

• $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

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

Immediate Steps (First 24 Hours)

1. Call 911 – Report the accident and request medical assistance
2. Seek Medical Attention – Even if you feel fine, get checked out immediately
3. Document the Scene – Take photos and videos of:
   • All vehicle damage (inside and out)
   • Skid marks and road conditions
   • Traffic signs and signals
   • Your injuries
   • The accident location
4. Collect Information – Get:
   • Truck driver’s name, CDL number, and contact info
   • Trucking company name and DOT number
   • Witness names and contact information
   • Police officer’s name and badge number
5. Do NOT Give Statements – Politely decline to give recorded statements to insurance companies
6. Call Attorney911 – Contact us immediately at 1-888-ATTY-911

Critical Mistakes to Avoid

• Delaying Medical Treatment – Even minor symptoms can indicate serious injuries
• Giving Recorded Statements – Insurance adjusters are trained to minimize your claim
• Posting on Social Media – Insurance companies will use your posts against you
• Accepting Early Settlement Offers – First offers are always lowball offers
• Signing Documents Without Review – Never sign anything without your attorney reviewing it
• Failing to Document Everything – Keep records of all medical visits, expenses, and how your injuries affect your life

The Attorney911 Difference: Why Choose Us for Your Upshur County Trucking Accident Case

1. Local Knowledge of Upshur County

We know Upshur County’s roads, courts, and legal landscape. Our familiarity with local judges, juries, and trucking routes gives us an advantage in building your case.

• We understand the unique challenges of Highway 271 and Highway 155
• We’re familiar with local oil field, timber, and agricultural trucking
• We know the Upshur County court system and how to navigate it
• We understand the economic impact of trucking in our community

2. 25+ Years of Trucking Litigation Experience

Ralph Manginello has been fighting for injury victims since 1998. Our firm has handled hundreds of trucking accident cases, from simple rear-end collisions to complex multi-vehicle pileups.

• Federal Court Admission – U.S. District Court, Southern District of Texas
• Multi-Million Dollar Results – Documented settlements and verdicts
• Fortune 500 Defendants – We’ve taken on Walmart, Coca-Cola, Amazon, FedEx, and UPS
• BP Texas City Explosion Litigation – One of few Texas firms involved in this $2.1B+ case

3. Insider Knowledge of Insurance Company Tactics

Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how trucking insurers operate. He spent years working for a national defense firm, learning their strategies for minimizing claims. Now he uses that knowledge to fight for you.

4. Aggressive Evidence Preservation

We send spoliation letters within 24-48 hours to preserve critical evidence before it’s destroyed. This includes:

• ECM/Black Box data
• ELD records
• Dashcam footage
• Maintenance records
• Driver qualification files

5. Comprehensive Investigation

We leave no stone unturned in building your case:

• Accident reconstruction experts
• Medical experts to establish causation
• Vocational experts to calculate lost earning capacity
• Economic experts to determine present value of damages
• Life care planners for catastrophic injuries
• FMCSA regulation experts to identify violations

6. Trial-Ready Representation

While most cases settle, we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys.

7. Contingency Fee Representation

You pay nothing unless we win your case. We advance all costs of investigation and litigation. When we win, our fee comes from the recovery, not your pocket.

Frequently Asked Questions About Upshur County 18-Wheeler Accidents

Immediate After-Accident Questions

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

If you’ve been in a trucking accident in Upshur 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 Attorney911 immediately at 1-888-ATTY-911

2. Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Upshur County hospitals like Upshur County Regional Hospital 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 Upshur 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 Upshur 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 and Driver Questions

7. Who can I sue after an 18-wheeler accident in Upshur 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 Upshur County roads.

Evidence and Investigation Questions

12. What is a truck’s “black box” and how does it help my case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes 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
• 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 to Upshur County road conditions.

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

The top violations we find in Upshur County cases:

• 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 – a key theory of liability in Upshur County trucking cases.

20. How do pre-trip inspections relate to my accident case?

Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.

Injury and Medical Questions

21. What injuries are common in 18-wheeler accidents in Upshur 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 Upshur 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 in Texas trucking cases.

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

The statute of limitations for personal injury claims in Texas is two 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.

Your Next Steps: Contact Attorney911 Today

If you or a loved one has been injured in an 18-wheeler accident in Upshur County, time is of the essence. Critical evidence is disappearing every hour. The trucking company and their insurers are already working to protect their interests – you need someone protecting yours.

At Attorney911, we offer:

• Free Consultations – No obligation, no pressure
• 24/7 Availability – We answer trucking accident calls immediately
• Contingency Fee Representation – You pay nothing unless we win
• Local Upshur County Knowledge – We know the roads, courts, and challenges
• Aggressive Representation – We fight for maximum compensation

Call us now at 1-888-ATTY-911 (1-888-288-9911) for your free case evaluation.

Our team, led by Ralph Manginello with over 25 years of experience, is ready to fight for you. With offices serving East Texas, we’re your local advocates in the battle against trucking companies.

Don’t wait – evidence disappears fast. Call Attorney911 now.

“The trucking company has teams of lawyers. So should you. Call Attorney911 at 1-888-ATTY-911 – we fight for Upshur County trucking accident victims.” – Ralph Manginello, Managing Partner

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.