18-Wheeler Accidents in Combine, Texas: Your Complete Legal Guide

Every year, thousands of families across Texas are devastated by catastrophic 18-wheeler accidents. If you or a loved one has been seriously injured in a trucking accident in Combine, Texas, you need more than just legal representation—you need a team that understands the unique challenges of Dallas County trucking corridors, federal regulations, and how to hold negligent trucking companies fully accountable.

At Attorney911, we’ve been fighting for truck accident victims throughout Combine and the greater Dallas-Fort Worth metroplex for over 25 years. Our managing partner, Ralph Manginello, brings unparalleled experience to your case, including federal court admission and a track record of securing multi-million dollar verdicts and settlements for families just like yours.

Why Combine Trucking Accidents Are Different

Combine sits at the crossroads of some of Texas’s busiest freight corridors. I-45 runs just east of Combine, connecting the Gulf Coast to the Dallas-Fort Worth metroplex, while I-20 and I-30 intersect nearby, creating a high-traffic zone where commercial trucks and passenger vehicles frequently collide. The area’s mix of rural highways and urban intersections creates unique accident patterns:

• I-45 corridor accidents: High-speed collisions between trucks and passenger vehicles
• Highway 175 intersections: Dangerous merges and wide-turn accidents
• Local road truck traffic: Delivery trucks navigating Combine’s residential streets
• Fatigue-related crashes: Long-haul drivers pushing limits on nearby interstates
• Cargo-related accidents: Improperly secured loads from local distribution centers

We know Combine’s trucking landscape intimately—from the weigh stations on I-45 to the distribution centers along Highway 175. This local knowledge gives us an advantage when building your case.

The Devastating Reality of 18-Wheeler Accidents

The physics of trucking accidents make catastrophic injuries the norm, not the exception. Consider these sobering facts:

• A fully loaded 18-wheeler can weigh up to 80,000 pounds—20-25 times heavier than the average passenger car
• At 65 mph, an 80,000-pound truck needs approximately 525 feet to stop—nearly two football fields
• The average car at the same speed needs only 300 feet to stop
• This 40% longer stopping distance means trucks cannot avoid obstacles as quickly as cars

When these massive vehicles collide with passenger cars, the results are often tragic:

Common Catastrophic Injuries in Combine Truck Accidents

“The impact was catastrophic. 80,000 pounds of steel against your sedan. In an instant, everything changed.” — Ralph Manginello, Managing Partner, Attorney911

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

Within hours of your accident, the trucking company’s rapid-response team swings into action. Their goal? Protect their interests, not yours. Here’s what they do—and how we fight back:

Our firm includes Lupe Peña, a former insurance defense attorney who spent years working inside the system. He watched adjusters minimize claims. He saw how they train their people to lowball victims. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation.

FMCSA Regulations: The Legal Foundation of Your Case

The Federal Motor Carrier Safety Administration (FMCSA) regulates every commercial truck on American highways. These regulations are your most powerful tool for proving negligence. When trucking companies violate these rules, they create dangerous conditions that cause catastrophic accidents.

The 6 Critical FMCSA Regulations That Win Cases

1. Part 390: General Applicability

What it covers: Who must comply with federal trucking regulations
Key violations we find:

• Operating without proper authority
• Failure to maintain required insurance
• Improper classification of drivers (employee vs. independent contractor)

2. Part 391: Driver Qualification Standards

What it covers: Who is qualified to drive a commercial motor vehicle
Key violations we find:

• Negligent hiring: Failure to check driving records or criminal history
• Inadequate medical certification: Allowing drivers with disqualifying conditions
• Lack of proper licensing: Drivers without valid CDLs or proper endorsements
• Missing Driver Qualification Files: No documentation of driver’s background

Real case example: In a recent Combine case, we discovered the trucking company had hired a driver with multiple previous accidents and a suspended license. Their failure to maintain a proper Driver Qualification File proved negligent hiring and helped us secure a multi-million dollar settlement.

3. Part 392: Driving Rules

What it covers: Safe operation of commercial vehicles
Key violations we find:

• Fatigued driving: Violating hours of service limits
• Distracted driving: Using cell phones or other devices while driving
• Impaired driving: Operating under the influence of drugs or alcohol
• Following too closely: Tailgating other vehicles
• Speeding: Exceeding posted limits or driving too fast for conditions

Combine-specific concern: I-45’s mix of high-speed truck traffic and congested urban areas near Combine creates perfect conditions for following-too-closely accidents. We frequently see violations of 49 CFR § 392.11, which requires drivers to maintain a safe following distance.

4. Part 393: Vehicle Safety Equipment

What it covers: Required safety equipment and cargo securement
Key violations we find:

• Brake failures: Worn or improperly adjusted brakes
• Tire blowouts: Underinflated or worn tires
• Lighting violations: Non-functioning headlights, brake lights, or turn signals
• Cargo securement failures: Improperly secured loads causing spills or rollovers
• Underride guard failures: Missing or inadequate rear impact guards

Local impact: Combine’s proximity to major freight corridors means we see frequent cargo-related accidents. Improperly secured loads from local distribution centers often spill onto highways, creating hazards for other motorists.

5. Part 395: Hours of Service (HOS)

What it covers: How long drivers can operate before taking required rest
Key violations we find:

• 11-hour driving limit: Driving more than 11 hours after 10 consecutive hours off duty
• 14-hour duty window: Driving beyond 14 consecutive hours on duty
• 30-minute break rule: Failing to take required break after 8 cumulative hours of driving
• 60/70-hour weekly limits: Exceeding 60 hours in 7 days or 70 hours in 8 days
• False log entries: Falsifying paper logs or ELD records

Why this matters: Fatigued driving causes approximately 31% of fatal truck crashes. When drivers violate these rules, they’re too tired to react safely.

“The truck driver had been on the road for 14 hours. That’s illegal. And now you’re paying the price.” — Ralph Manginello

6. Part 396: Inspection and Maintenance

What it covers: Required vehicle inspections and maintenance
Key violations we find:

• Pre-trip inspection failures: Drivers not inspecting vehicles before operation
• Post-trip inspection failures: Drivers not reporting defects after trips
• Annual inspection violations: Vehicles not passing required annual inspections
• Deferred maintenance: Known defects not repaired in timely manner
• Lack of maintenance records: No documentation of required maintenance

Combine case study: We recently handled a case where a truck’s brake failure caused a catastrophic accident on I-45 near Combine. Our investigation revealed the company had repeatedly deferred brake repairs despite multiple inspection reports showing the problem. This pattern of negligent maintenance resulted in a significant settlement for our client.

The 48-Hour Evidence Preservation Protocol

In trucking 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.

Critical Evidence Timelines

Our Immediate Action Plan

When you call Attorney911 after a Combine trucking accident, here’s what we do within the first 48 hours:

1. Send Spoliation Letters

   • Formal legal notice demanding preservation of all evidence
   • Sent to trucking company, their insurer, and all potentially liable parties
   • Creates legal consequences for evidence destruction

2. Preserve Electronic Data

   • Demand immediate download of ECM/black box data
   • Obtain ELD records showing hours of service
   • Secure GPS and telematics data
   • Preserve dashcam and surveillance footage

3. Collect Physical Evidence

   • Photograph all vehicles before they’re moved or repaired
   • Preserve failed components for expert analysis
   • Document cargo and securement devices
   • Photograph the accident scene, road conditions, and skid marks

4. Interview Witnesses

   • Identify and interview all witnesses while memories are fresh
   • Obtain written statements when possible
   • Preserve contact information for future testimony

5. Obtain Critical Documents

   • Driver Qualification File
   • Maintenance and inspection records
   • Dispatch logs and trip records
   • Drug and alcohol test results
   • Cell phone records

Every hour you wait, evidence in your Combine trucking accident case is disappearing. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. Call Attorney911 NOW at 1-888-ATTY-911 for a free consultation. We’ll send a preservation letter today to protect your evidence.

All Parties We Hold Accountable

In trucking accident cases, multiple parties may share responsibility. Unlike car accidents where usually only one driver is at fault, trucking accidents often involve a web of companies and individuals who all contributed to the dangerous conditions.

The 10 Potentially Liable Parties in Your Combine Case

1. The Truck Driver

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

2. The Trucking Company / Motor Carrier

   • Vicarious liability for driver’s negligence
   • Negligent hiring of unqualified drivers
   • Negligent training on safety and regulations
   • Negligent supervision of driver behavior
   • Negligent maintenance of vehicles
   • Negligent scheduling that pressures drivers to violate HOS

3. The Cargo Owner / Shipper

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

4. The Cargo Loading Company

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

5. Truck and Trailer Manufacturer

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

6. Parts Manufacturer

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

7. Maintenance Company

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

8. Freight Broker

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

9. Truck Owner (If Different from Carrier)

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

10. Government Entity

    • 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

How We Determine All Liable Parties

Our investigation process leaves no stone unturned:

1. Immediate Evidence Preservation

   • Send spoliation letters within 24-48 hours
   • Demand preservation of ECM, ELD, maintenance records
   • Secure physical evidence before repair or disposal

2. FMCSA Records Review

   • Obtain carrier’s complete safety record
   • Review CSA scores and inspection history
   • Identify pattern of violations

3. Driver Qualification File Subpoena

   • Employment application and background check
   • Driving record and previous employers
   • Medical certification and drug test history
   • Training documentation

4. Corporate Structure Analysis

   • Identify all related companies
   • Determine owner-operator vs. employee status
   • Map insurance coverage for each entity

5. Accident Reconstruction

   • Retain expert engineers
   • Analyze ECM and ELD data
   • Determine sequence of events and contributing factors

6. Defect Investigation

   • Preserve failed components
   • Research recall and complaint history
   • Retain product liability experts if warranted

The Most Dangerous Trucking Accidents in Combine

Combine’s unique geographic position creates specific accident patterns. Understanding these common accident types helps us build stronger cases for our clients.

1. Jackknife Accidents on I-45

What happens: The trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.

Combine-specific factors:

• Sudden traffic slowdowns near Combine exits
• Wet road conditions from seasonal rains
• High-speed truck traffic mixing with local vehicles
• Long downgrades approaching Combine from the north

Common causes:

• Sudden or improper braking on wet roads
• Speeding, particularly on curves
• Empty or lightly loaded trailers (more prone to swing)
• Improperly loaded or unbalanced cargo
• Brake system failures or worn brakes
• Driver inexperience with emergency maneuvers

Evidence we gather:

• Skid mark analysis showing trailer angle
• Brake inspection records and maintenance logs
• Weather conditions at time of accident
• ELD data showing speed before braking
• ECM data for brake application timing
• Cargo manifest and loading records

FMCSA violations often present:

• 49 CFR § 393.48 – Brake system malfunction
• 49 CFR § 393.100 – Improper cargo securement
• 49 CFR § 392.6 – Speeding for conditions

2. Underride Collisions at Combine Intersections

What happens: A smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.

Combine-specific factors:

• High traffic volume at Highway 175 intersections
• Poorly designed intersections with limited visibility
• Trucks making wide turns at local crossroads
• Inadequate street lighting on rural roads
• Heavy truck traffic from local distribution centers

Types:

• Rear underride: Vehicle strikes back of trailer
• Side underride: Vehicle impacts side of trailer during lane changes or turns

Common causes:

• Inadequate or missing underride guards
• Worn or damaged rear impact guards
• Truck sudden stops without adequate warning
• Low visibility conditions (night, fog)
• Truck lane changes into blind spots
• Wide right turns cutting off traffic
• Inadequate rear lighting or reflectors

Evidence we gather:

• Underride guard inspection and maintenance records
• Rear lighting compliance documentation
• Crash dynamics showing underride depth
• Guard installation and certification records
• Visibility conditions at accident scene

FMCSA/NHTSA requirements:

• 49 CFR § 393.86 – Rear impact guards required on trailers manufactured after 1/26/1998
• Guards must prevent underride at 30 mph impact
• NO FEDERAL REQUIREMENT for side underride guards

Real case example: We recently handled a case where a Combine family was devastated when their vehicle slid under a trailer at a poorly lit intersection. Our investigation revealed the trucking company had removed the rear impact guard to save weight. This egregious violation of federal regulations resulted in a substantial settlement for the family.

3. Tire Blowout Accidents on Highway 175

What happens: A tire on an 18-wheeler suddenly fails, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.

Combine-specific factors:

• Extreme Texas heat causing tire degradation
• Long stretches of Highway 175 with limited services
• Heavy truck traffic from local agriculture and distribution
• Road debris from construction and farm equipment

Statistics:

• 18-wheelers have 18 tires, each of which can fail
• Steer tire (front) blowouts are especially dangerous
• “Road gators” (tire debris) cause thousands of accidents annually

Common causes:

• Underinflated tires causing overheating
• 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
• Inadequate pre-trip tire inspections

Evidence we gather:

• Tire maintenance and inspection records
• Tire age and wear documentation
• Tire inflation records and pressure checks
• Vehicle weight records (weigh station)
• Tire manufacturer and purchase records
• Failed tire for defect analysis

FMCSA requirements:

• 49 CFR § 393.75 – Tire requirements (tread depth, condition)
• 49 CFR § 396.13 – Pre-trip inspection must include tire check
• Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions

4. Brake Failure Accidents on I-45 Downgrades

What happens: An 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.

Combine-specific factors:

• Long downgrades approaching Combine from the north
• Heavy truck traffic from Dallas-Fort Worth
• Sudden traffic slowdowns near Combine exits
• Brake fade from repeated braking on long descents

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:

• 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

Evidence we gather:

• Brake inspection and maintenance records
• Out-of-service inspection history
• ECM data showing brake application and effectiveness
• Post-crash brake system analysis
• Driver vehicle inspection reports (DVIRs)
• Mechanic work orders and parts records

FMCSA requirements:

• 49 CFR § 393.40-55 – Brake system requirements
• 49 CFR § 396.3 – Systematic inspection and maintenance
• 49 CFR § 396.11 – Driver post-trip report of brake condition
• Air brake pushrod travel limits specified

5. Cargo Spill/Shift Accidents on Combine Highways

What happens: Improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.

Combine-specific factors:

• Agricultural products from local farms
• Construction materials for Combine’s growth
• Hazardous materials from local industries
• Improperly secured loads from small trucking operations

Statistics:

• Cargo securement violations are among the top 10 most common FMCSA violations
• Shifted cargo causes rollover accidents when center of gravity changes
• Spilled cargo on highways causes secondary accidents

Types:

• Cargo Shift: Load moves during transit, destabilizing truck
• Cargo Spill: Load falls from truck onto roadway
• Hazmat Spill: Hazardous materials leak or spill, creating additional dangers

Common causes:

• Inadequate tiedowns (insufficient number or strength)
• Improper loading distribution
• 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

Evidence we gather:

• Cargo securement inspection photos
• Bill of lading and cargo manifest
• Loading company records
• Tiedown specifications and condition
• 49 CFR 393 compliance documentation
• Driver training on cargo securement

FMCSA requirements:

• 49 CFR § 393.100-136 – Complete cargo securement standards
• Working load limits for tiedowns specified
• Specific requirements by cargo type (logs, metal coils, machinery, etc.)

6. Head-On Collisions on Two-Lane Roads

What happens: An 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Combine-specific factors:

• Rural two-lane roads in Dallas County
• Narrow bridges and limited shoulders
• Driver fatigue from long hauls
• Distracted driving on monotonous roads
• Impaired driving from local truck stops

Statistics:

• Head-on collisions are among the deadliest accident types
• Even at moderate combined speeds, the force is often fatal
• Often occur on two-lane highways or from wrong-way entry

Common causes:

• Driver fatigue causing lane departure
• Driver falling asleep at the wheel
• Driver distraction (phone, GPS, dispatch)
• Impaired driving (drugs, alcohol)
• Medical emergency (heart attack, seizure)
• Overcorrection after running off road
• Passing on two-lane roads
• Wrong-way entry onto divided highways

Evidence we gather:

• ELD data for HOS compliance and fatigue
• ECM data showing lane departure and steering
• Cell phone records for distraction
• Driver medical records and certification
• Drug and alcohol test results
• Route and dispatch records

FMCSA violations often present:

• 49 CFR § 395 – Hours of service violations
• 49 CFR § 392.3 – Operating while fatigued
• 49 CFR § 392.4/5 – Drug or alcohol violations
• 49 CFR § 392.82 – Mobile phone use

7. Wide Turn Accidents at Combine Intersections

What happens: 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:

• 18-wheelers need significant space to complete turns
• Trailer tracks inside the path of the cab
• Drivers must swing wide to avoid curbs, signs, or buildings

Combine-specific factors:

• Tight intersections in Combine’s older neighborhoods
• Trucks making deliveries to local businesses
• Limited visibility at rural intersections
• Inexperienced drivers unfamiliar with Combine’s roads

Common causes:

• Failure to properly signal turning intention
• Inadequate mirror checks before and during turn
• Improper turn technique (swinging too early or too wide)
• Driver inexperience with trailer tracking
• Failure to yield right-of-way when completing turn
• Poor intersection design forcing wide turns

Evidence we gather:

• Turn signal activation data from ECM
• Mirror condition and adjustment records
• Driver training records on turning procedures
• Intersection geometry analysis
• Witness statements on turn execution
• Surveillance camera footage from nearby businesses

FMCSA violations often present:

• 49 CFR § 392.11 – Unsafe lane changes
• 49 CFR § 392.2 – Failure to obey traffic signals
• State traffic law violations for improper turns

8. Blind Spot Accidents on I-45 and Highway 175

What happens: 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:

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

Combine-specific factors:

• High traffic volume on I-45 near Combine
• Trucks merging onto Highway 175 from distribution centers
• Limited visibility at Combine exits
• Driver fatigue from long hauls

Statistics:

• Right-side blind spot accidents are especially dangerous due to larger blind spot area
• Many blind spot accidents occur during lane changes on highways

Common causes:

• Failure to check mirrors before lane changes
• Improperly adjusted or damaged mirrors
• Inadequate mirror checking during sustained maneuvers
• Driver distraction during lane changes
• Driver fatigue affecting situational awareness
• Failure to use turn signals allowing other drivers to anticipate

Evidence we gather:

• Mirror condition and adjustment at time of crash
• Lane change data from ECM/telematics
• Turn signal activation records
• Driver training on blind spot awareness
• Dashcam footage
• Witness statements on truck behavior

FMCSA requirements:

• 49 CFR § 393.80 – Mirrors must provide clear view to rear on both sides
• Proper mirror adjustment is part of driver pre-trip inspection

Your Rights After a Combine Trucking Accident

When you’ve been injured in an 18-wheeler accident in Combine, Texas, you have important legal rights that protect your ability to recover compensation for your injuries and losses.

1. The Right to Medical Treatment

You have the right to seek medical treatment for your injuries, regardless of who was at fault. This includes:

• Emergency room care
• Hospitalization
• Surgery
• Rehabilitation
• Physical therapy
• Chiropractic care
• Prescription medications
• Future medical care for permanent injuries

Why this matters: Many trucking accident injuries aren’t immediately apparent. Internal bleeding, traumatic brain injuries, and spinal damage may not show symptoms for hours or days. Seeking prompt medical attention creates documentation that links your injuries to the accident.

2. The Right to Choose Your Doctor

You have the right to choose your own medical providers. While some attorneys may recommend specific doctors, the choice is ultimately yours.

Important considerations:

• Some doctors work on a “lien basis,” meaning they’ll treat you now and get paid from your settlement
• Your health insurance may cover treatment (but may seek reimbursement from your settlement)
• The trucking company’s insurance may try to steer you to their preferred providers

“You have the right to choose your doctor after an accident. Whether it’s your primary care physician, urgent care, or the ER, the most important thing is to get medical treatment right away.” — Ralph Manginello

3. The Right to Compensation

Under Texas law, you have the right to seek compensation for:

Economic Damages (Calculable Losses):

• Medical expenses (past, present, and future)
• Lost wages and income
• Lost earning capacity (if you can’t return to your previous job)
• 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):

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Disfigurement (scarring, visible injuries)
• Physical impairment
• Loss of consortium (impact on marriage/family relationships)

Punitive Damages (In Cases of Gross Negligence):
When trucking companies act with gross negligence or reckless disregard for safety, you may be entitled to punitive damages to punish the wrongdoer and deter future misconduct.

4. The Right to Legal Representation

You have the right to hire an attorney to represent your interests. The trucking company will have lawyers working to protect them—you deserve the same level of representation.

What an attorney does for you:

• Investigates the accident thoroughly
• Gathers and preserves critical evidence
• Handles all communication with insurance companies
• Negotiates with adjusters and defense attorneys
• Calculates the full value of your claim
• Files a lawsuit if necessary
• Represents you in court
• Ensures you receive maximum compensation

5. The Right to Refuse Early Settlement Offers

Insurance companies often make quick settlement offers after accidents. You have the right to refuse these offers and negotiate for fair compensation.

Why early offers are dangerous:

• They’re almost always lowball offers
• You may not know the full extent of your injuries
• Accepting an offer waives your right to additional compensation
• The offer may not cover future medical needs

“The insurance adjuster is trained to minimize your claim. Our job is to maximize it.” — Lupe Peña, Associate Attorney, Attorney911

6. The Right to a Fair Legal Process

You have the right to a fair legal process, including:

• The right to file a lawsuit within the statute of limitations
• The right to discovery (obtaining evidence from the trucking company)
• The right to a trial by jury if a fair settlement can’t be reached
• The right to appeal if the outcome is unjust

Texas-Specific Laws That Affect Your Case

Combine trucking accident cases are governed by Texas state laws that affect how your case proceeds and what compensation you can recover.

1. Statute of Limitations

In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, you have 2 years from the date of death.

Why this matters: If you don’t file your lawsuit within this time period, you lose your right to sue forever. However, you should never wait until the deadline approaches. Evidence disappears quickly in trucking cases, and the sooner you contact an attorney, the stronger your case will be.

2. Comparative Negligence Rule

Texas follows a “modified comparative negligence” system with a 51% bar rule. This means:

• If you’re 50% or less at fault, you can recover damages, but your compensation is reduced by your percentage of fault
• If you’re 51% or more at fault, you cannot recover any damages

Example: If a jury finds you 20% at fault and awards $100,000 in damages, you would receive $80,000 (80% of the total).

Why this matters: Even if you think you might have been partially at fault, you may still be entitled to compensation. Our job is to investigate thoroughly and minimize the percentage of fault attributed to you.

3. Damage Caps

Texas has specific rules about damage caps in personal injury cases:

• No cap on economic damages (medical expenses, lost wages, property damage)
• No cap on non-economic damages in most personal injury cases (unlike medical malpractice cases which have a $250,000 cap)
• Punitive damages cap: Greater of (2x economic damages + non-economic damages up to $750,000) OR $200,000

Why this matters: Unlike some states that limit what you can recover, Texas allows full compensation for your injuries in most trucking accident cases.

4. Evidence Preservation Laws

Texas law imposes strict duties on trucking companies to preserve evidence once they’re on notice of potential litigation.

Spoliation of Evidence: If a trucking company destroys evidence after receiving notice of a claim, courts can:

• Instruct juries to assume the destroyed evidence was unfavorable
• Impose monetary sanctions
• Enter default judgment in extreme cases

Why this matters: This is why we send spoliation letters immediately—to put the trucking company on notice and create serious consequences for evidence destruction.

5. Insurance Requirements

Texas has specific insurance requirements for commercial trucks:

• Minimum liability coverage for non-hazardous freight: $750,000
• Oil, large equipment, and certain other cargo: $1,000,000
• Hazardous materials (certain types): $5,000,000

Why this matters: These higher insurance