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

If you or a loved one has been injured in an 18-wheeler accident in Calhoun County, you’re facing one of the most complex and devastating experiences of your life. The massive size and weight of commercial trucks create catastrophic injuries that change lives in an instant. At Attorney911, we’ve been fighting for trucking accident victims across Texas for over 25 years, and we understand exactly what you’re going through.

Calhoun County’s position along the Gulf Coast creates unique trucking hazards. From the Port of Port Lavaca to the industrial facilities in Point Comfort, our roads see heavy commercial traffic carrying everything from petrochemicals to agricultural products. The intersection of Highway 35 and Highway 185, the Port Lavaca causeway, and the industrial corridors around Formosa Plastics all present significant risks for trucking accidents.

Why Calhoun County Trucking Accidents Are Different

Calhoun County’s trucking landscape presents unique challenges that affect accident patterns and case strategies:

1. Port Traffic: The Port of Port Lavaca handles significant cargo volume, creating heavy truck traffic to and from the port facilities. Port-related trucking often involves specialized cargo that requires additional safety precautions.

2. Industrial Corridors: Major employers like Formosa Plastics, Alcoa, and numerous chemical processing facilities generate substantial truck traffic. These facilities often handle hazardous materials, increasing the risks associated with trucking accidents.

3. Highway Infrastructure: Highway 35 serves as a critical north-south corridor connecting Calhoun County to major Texas cities. The intersection with Highway 185 creates a high-risk area where local and through traffic converge.

4. Seasonal Variations: Fishing industry activity, agricultural harvests, and coastal tourism create seasonal fluctuations in truck traffic, affecting accident patterns throughout the year.

5. Weather Hazards: Coastal fog, sudden thunderstorms, and hurricane-related weather events create unique driving challenges for commercial truckers unfamiliar with Gulf Coast conditions.

Our team knows these local factors intimately. We’ve handled cases involving port-related accidents, industrial corridor crashes, and highway collisions throughout Calhoun County. 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:

• A fully loaded 18-wheeler can weigh up to 80,000 pounds – 20-25 times heavier than a typical passenger car
• At 65 mph, an 18-wheeler needs approximately 525 feet to stop – nearly two football fields
• The force of impact is often fatal for occupants of smaller vehicles
• Underride collisions can shear off the top of passenger vehicles, often resulting in decapitation

In Calhoun County, we’ve seen these devastating accidents occur at:

• The Highway 35/Highway 185 intersection
• The Port Lavaca causeway
• Industrial access roads around Point Comfort
• Rural highways where truckers speed between destinations
• Urban areas where trucks make wide turns across traffic

Common Types of 18-Wheeler Accidents in Calhoun County

Our firm has handled every type of trucking accident that occurs in Calhoun County:

1. Jackknife Accidents

These terrifying crashes occur when the trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic. In Calhoun County, we frequently see jackknife accidents on:

• Highway 35 during sudden weather changes
• Highway 185 when trucks brake suddenly for traffic
• Industrial access roads with sharp turns

Jackknife accidents often result from:

• Sudden braking on wet or slippery roads
• Speeding on curves
• Improperly loaded cargo that shifts during transit
• Brake system failures
• Driver inexperience with emergency maneuvers

2. Underride Collisions

Among the most deadly trucking accidents, underride collisions occur when a smaller vehicle slides underneath the trailer of an 18-wheeler. In Calhoun County, we’ve seen these tragic accidents at:

• The Port Lavaca causeway where trucks stop suddenly
• Highway intersections where trucks turn across traffic
• Rural roads where trucks park without proper lighting

There are two types:

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

Federal law requires rear underride guards on trailers manufactured after 1998, but these guards often fail in real-world crashes. Calhoun County has no requirement for side underride guards, despite their proven ability to save lives.

3. Rollover Accidents

When an 18-wheeler tips onto its side or roof, the results are often catastrophic. In Calhoun County, rollovers frequently occur:

• On Highway 35 curves near Port Lavaca
• At the Highway 35/Highway 185 intersection
• On industrial access roads with sharp turns
• During sudden evasive maneuvers to avoid wildlife

Common causes include:

• Speeding on curves or ramps
• Improperly secured or unevenly distributed cargo
• Liquid cargo “slosh” that shifts the center of gravity
• Overcorrection after tire blowouts or lane departures
• Driver fatigue causing delayed reactions

4. Rear-End Collisions

When an 18-wheeler strikes the back of another vehicle, the results are devastating due to the massive weight disparity. In Calhoun County, these accidents commonly occur:

• On Highway 35 during sudden traffic slowdowns
• At the Port Lavaca causeway when trucks approach stopped traffic
• In construction zones where traffic patterns change suddenly

Key factors include:

• Following too closely (tailgating)
• Driver distraction (cell phones, dispatch communications)
• Driver fatigue and delayed reaction times
• Excessive speed for traffic conditions
• Brake failures from poor maintenance

5. Wide Turn Accidents (“Squeeze Play”)

These dangerous accidents happen when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. In Calhoun County, we frequently see these accidents:

• In downtown Port Lavaca where trucks make turns across traffic
• At the Highway 35/Highway 185 intersection
• In industrial areas where trucks navigate tight spaces

Trucks need significant space to complete turns because trailers track inside the path of the cab. When drivers swing wide to avoid curbs or obstacles, they create dangerous gaps that smaller vehicles often enter, only to be crushed when the truck completes its turn.

6. Blind Spot Accidents (“No-Zone”)

Commercial trucks have massive blind spots where the driver cannot see other vehicles. In Calhoun County, blind spot accidents commonly occur:

• On Highway 35 during lane changes
• In industrial areas where trucks merge into traffic
• At intersections where trucks turn across traffic

The four No-Zones are:

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: From the cab door backward
4. Right Side No-Zone: From the cab door backward – the largest and most dangerous blind spot

7. Tire Blowout Accidents

Tire failures on commercial trucks are particularly dangerous. In Calhoun County, we’ve handled cases involving blowouts on:

• Highway 35 during extreme heat conditions
• Industrial access roads with debris
• The Port Lavaca causeway

Common causes include:

• 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

Steer tire (front) blowouts are especially dangerous as they can cause immediate loss of control. In Calhoun County’s heat, tire blowouts are a significant risk, particularly for trucks traveling long distances without proper tire maintenance.

8. Brake Failure Accidents

Brake problems are a factor in approximately 29% of large truck crashes. In Calhoun County, we’ve seen brake failures cause accidents on:

• Highway 35 descents
• The Port Lavaca causeway
• Industrial access roads with steep grades

Common causes include:

• 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

9. Cargo Spill/Shift Accidents

Improperly secured cargo can fall from trucks or shift during transit, causing accidents. In Calhoun County, we’ve handled cases involving:

• Agricultural products spilled on rural roads
• Industrial materials spilled on Highway 35
• Hazardous materials spilled near the port

Types of cargo accidents include:

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

Cargo securement violations are among the most common FMCSA violations we find in Calhoun County trucking accident cases.

Who Is Liable for Your Calhoun County Trucking Accident?

In car accidents, usually only one driver is at fault. But in trucking accidents, MULTIPLE PARTIES can be responsible for your injuries. Our firm investigates every possible defendant to maximize your recovery.

1. The Truck Driver

The driver who caused the accident may be personally liable for their negligent conduct, including:

• 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
• Failure to yield, improper lane changes, running red lights

2. The Trucking Company / Motor Carrier

The trucking company is often the most important defendant because they have the deepest pockets and the most responsibility for safety.

Vicarious Liability (Respondeat Superior):

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

Direct Negligence:

• Negligent Hiring: Failed to check the driver’s background, driving record, or qualifications
• Negligent Training: Inadequate training on safety, cargo securement, or hours of service
• Negligent Supervision: Failed to monitor driver performance or ELD compliance
• Negligent Maintenance: Failed to maintain the vehicle in safe condition
• Negligent Scheduling: Pressured drivers to violate HOS regulations

In Calhoun County, we’ve seen cases where trucking companies:

• Hired drivers with multiple prior accidents
• Failed to provide adequate safety training
• Pressured drivers to meet unrealistic schedules
• Deferred critical maintenance to save costs

3. Cargo Owner / Shipper

The company that owns the cargo and arranged for its shipment may be liable for:

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

Calhoun County’s port and industrial facilities often involve cargo owners who may share liability for accidents.

4. Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for:

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

5. Truck and Trailer Manufacturer

The company that manufactured the truck, trailer, or major components may be liable for defects including:

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

6. 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

7. Maintenance Company

Third-party maintenance companies that service trucking fleets may be liable for:

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

8. Freight Broker

Freight brokers who arrange transportation but don’t own trucks may be liable for:

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

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may have separate liability for:

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

10. 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

In Calhoun County, we’ve seen cases where:

• Poorly designed intersections contributed to accidents
• Inadequate signage failed to warn of hazards
• Road maintenance issues created dangerous conditions

The Critical 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 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 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 a blowout was involved

ECM/Black Box Data: The Objective Witness

Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.

Types of Electronic Recording in Calhoun County Trucks:

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 Recover:

• 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 of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases across Texas, including Calhoun County.

FMCSA Violations: The Key to Proving Negligence

Every 18-wheeler on American highways must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation for Calhoun 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:

• 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 Calhoun 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 Calhoun 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 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 in Calhoun County:
This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident on our roads.

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 Calhoun County Cases:
Violations of cargo securement cause rollover, jackknife, and spill accidents on our roads. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.

Part 395: Hours of Service (HOS) Regulations

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

THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.

Property-Carrying Drivers (Most 18-Wheelers in Calhoun County):

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

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

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

Electronic Logging Device (ELD) Mandate (49 CFR § 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:

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

Why ELD Data Is Critical Evidence in Calhoun County:
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 in Calhoun County:

Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. 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. 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 in Calhoun County:
Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence. We’ve seen cases on Highway 35 where brake failures led to catastrophic accidents that could have been prevented with proper maintenance.

Most Common FMCSA Violations in Calhoun County Trucking Accidents

Top 10 Violations We Find in Calhoun County Cases:

1. Hours of Service Violations – Driving beyond 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 valid CDL or medical certificate
6. Drug/Alcohol Violations – Operating under influence, failed tests
7. Mobile Phone Use – Texting, hand-held phone 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 Calhoun County:

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
Cell Phone Records	Distracted driving

Catastrophic Injuries from Calhoun County 18-Wheeler Accidents

The physics of 18-wheeler accidents make catastrophic injuries the norm in Calhoun County. The size and weight disparity between commercial trucks and passenger vehicles creates devastating outcomes.

Why 18-Wheeler Accidents Cause Catastrophic Injuries in Calhoun County

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 two football fields)
• Car at 65 mph needs ~300 feet to stop
• This 40% longer stopping distance means trucks cannot avoid obstacles as quickly

Common Catastrophic Injuries in Calhoun County Trucking Accidents

1. Traumatic Brain Injury (TBI)

What It Is:
TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents in Calhoun County, the extreme forces cause the brain to impact the inside of the skull.

Severity Levels:

Level	Symptoms	Prognosis
Mild (Concussion)	Confusion, headache, brief loss of consciousness	Usually recovers, but may have lasting effects
Moderate	Extended unconsciousness, memory problems, cognitive deficits	Significant recovery possible with rehabilitation
Severe	Extended coma, permanent cognitive impairment	Lifelong disability, may require 24/7 care

Common Symptoms in Calhoun County Patients:

• 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

2. 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 in Calhoun County:

• 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.

3. Amputation

Types of Amputation in Calhoun County Trucking Accidents:

• Traumatic Amputation: Limb severed at the scene due to crash forces
• Surgical Amputation: Limb so severely damaged it must be surgically removed

Common in Calhoun County 18-Wheeler Accidents Due To:

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

Ongoing Medical Needs:

• Initial surgery and hospitalization
• Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
• Replacement prosthetics throughout lifetime
• Physical therapy and rehabilitation
• Occupational therapy for daily living skills
• Psychological counseling

Impact on Life in Calhoun County:

• 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

4. Severe Burns

How Burns Occur in Calhoun County 18-Wheeler Accidents:

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

Burn Classification:

Degree	Depth	Treatment
First	Epidermis only	Minor, heals without scarring
Second	Epidermis and dermis	May scar, may need grafting
Third	Full thickness	Requires skin grafts, permanent scarring
Fourth	Through skin to muscle/bone	Multiple surgeries, amputation may be required

Long-Term Consequences:

• Permanent scarring and disfigurement
• Multiple reconstructive surgeries
• Skin graft procedures
• Chronic pain
• Infection risks
• Psychological trauma

5. Internal Organ Damage

Common Internal Injuries in Calhoun County Trucking Accidents:

• Liver laceration or rupture
• Spleen damage requiring removal
• Kidney damage
• Lung contusion or collapse (pneumothorax)
• Internal bleeding (hemorrhage)
• Bowel and intestinal damage

Why Dangerous:

• May not show immediate symptoms
• Internal bleeding can be life-threatening
• Requires emergency surgery
• Organ removal affects long-term health

6. Wrongful Death

When a Trucking Accident Kills in Calhoun County:

Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.

Who Can Bring a Wrongful Death Claim in Texas:

• 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 in Calhoun County:

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

Texas Statute of Limitations: 2 years from date of death to file wrongful death lawsuit

Commercial Truck Insurance & Damages in Calhoun County

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

FMCSA Minimum Insurance Requirements

Federal law requires commercial trucking companies to carry minimum liability insurance:

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 Calhoun County Case:

Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents in Calhoun County 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. We’ve handled cases in Calhoun County where multi-million dollar recoveries were possible because of the available insurance coverage.

Types of Damages Recoverable in Calhoun County Trucking Cases

Economic Damages (Calculable Losses):

Category	What’s Included
Medical Expenses	Past, present, and future medical costs
Lost Wages	Income lost due to injury and recovery
Lost Earning Capacity	Reduction in future earning ability
Property Damage	Vehicle repair or replacement
Out-of-Pocket Expenses	Transportation to medical appointments, home modifications
Life Care Costs	Ongoing care for catastrophic injuries

Non-Economic Damages (Quality of Life):

Category	What’s Included
Pain and Suffering	Physical pain from injuries
Mental Anguish	Psychological trauma, anxiety, depression
Loss of Enjoyment	Inability to participate in activities
Disfigurement	Scarring, visible injuries
Loss of Consortium	Impact on marriage/family relationships
Physical Impairment	Reduced physical capabilities

Punitive Damages (Punishment for Gross Negligence):

Punitive damages may be available when the trucking company or driver acted with:

• Gross negligence
• Willful misconduct
• Conscious indifference to safety
• Fraud (falsifying logs, destroying evidence)

Texas has a complex punitive damages cap:

• Greater of (2x economic damages + non-economic damages capped at $750,000) OR $200,000

Nuclear Verdicts: What’s Possible in Calhoun County

Recent Major Trucking Verdicts (2024-2025):

Amount	Year	Location	Case Details
$462 Million	2024	St. Louis, MO	Wabash National – two fatalities from underride collision
$160 Million	2024	Alabama	Daimler – quadriplegic injury from rollover accident
$141.5 Million	2024	Florida	Defunct carrier crash – catastrophic injuries
$90 Million	—	Houston, TX	Truck driver burned in explosion
$37.5 Million	2024	Texas	Trucking verdict – 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; $100M compensatory + $900M punitive; gross negligence in hiring
$730 Million	2021	Texas – Ramsey v. Landstar Ranger; Navy propeller oversize load killed 73-year-old woman

Why Nuclear Verdicts Happen in Texas:

Juries award massive verdicts when they find:

• Trucking company knowingly hired dangerous drivers
• Company ignored safety violations for profit
• Evidence was destroyed (spoliation)
• Falsified hours-of-service logs
• Pattern of similar violations
• Corporate culture prioritizing profit over safety
• Egregious disregard for human life

What This Means For Your Calhoun County 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 for Calhoun County accident victims.

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

Immediate Steps (First 48 Hours)

1. Call 911 and report the accident

   • Request police and EMS to the scene
   • Report all injuries, no matter how minor they seem

2. Seek medical attention immediately

   • Go to the emergency room or urgent care
   • Adrenaline masks pain – internal injuries may not be apparent
   • Medical records create critical evidence for your case

3. Document the scene if you’re able

   • Take photos of all vehicles involved
   • Photograph the accident scene from multiple angles
   • Capture road conditions, weather, traffic signals
   • Take photos of your injuries

4. Get critical information

   • Truck and trailer license plates
   • DOT number (on truck door)
   • Trucking company name and logo
   • Driver’s name, CDL number, and contact information
   • Witness names and phone numbers
   • Responding officer’s name and badge number

5. Do NOT give recorded statements

   • Insurance adjusters work for the trucking company
   • Anything you say will be used to minimize your claim
   • Our firm includes a former insurance defense attorney who knows their tactics

6. Call an 18-wheeler accident attorney immediately

   • Evidence disappears quickly in trucking cases
   • We send spoliation letters within hours to preserve critical data
   • The sooner we start, the stronger your case will be

Critical Mistakes to Avoid in Calhoun County

1. Delaying medical treatment

   • Insurance companies use gaps in treatment to deny claims
   • Some injuries don’t show symptoms immediately

2. Giving recorded statements

   • Adjusters are trained to minimize your claim
   • They’ll ask leading questions to get you to admit fault

3. Posting on social media

   • Insurance companies monitor your accounts
   • Even innocent posts can be used against you

4. Accepting early settlement offers

   • First offers are always lowball
   • You may have injuries that haven’t been diagnosed yet

5. Not following your doctor’s orders

   • Gaps in treatment hurt your case
   • Insurance companies argue you’re not really injured

Why Choose Attorney911 for Your Calhoun County Trucking Case

1. 25+ Years of Trucking Litigation Experience

Our managing partner, Ralph Manginello, has been fighting for trucking accident victims since 1998. With over 25 years of courtroom experience, he has recovered multi-million dollar settlements and verdicts for families devastated by 18-wheeler crashes in Calhoun County and across Texas.

2. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court admission is critical for interstate trucking cases, which often involve federal regulations and can be filed in federal court. Many personal injury attorneys don’t have this capability.

3. The Insurance Defense Advantage

Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims. Now he uses that insider knowledge to fight FOR accident victims, not against them.

“Our firm includes Lupe Peña, a former insurance defense attorney who spent years 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.”

4. Multi-Million Dollar Results

We’ve recovered millions for trucking accident victims in Texas, 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

5. Local Knowledge of Calhoun County

We know Calhoun County’s trucking corridors, from Highway 35 to the Port of Port Lavaca to the industrial facilities in Point Comfort. This local knowledge, combined with our understanding of FMCSA regulations, gives us an advantage in building your case.

6. 24/7 Availability

Trucking accidents don’t happen on a 9-to-5 schedule. We answer calls 24 hours a day, 7 days a week. When you call Attorney911, you’ll speak with a real person who can start protecting your rights immediately.

7. 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.

8. Fluent Spanish Services

Calhoun County has a significant Hispanic population, and many trucking accident victims speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.

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

Calhoun County Trucking Corridors: Where Accidents Happen

Calhoun County’s position along the Gulf Coast creates unique trucking hazards. Understanding these corridors helps us build stronger cases for our clients.

1. Highway 35 Corridor

Highway 35 serves as the primary north-south route through Calhoun County, connecting Port Lavaca to major Texas cities. This corridor sees heavy truck traffic carrying:

• Petrochemical products from local facilities
• Agricultural products from rural areas
• Port-related cargo
• Through traffic between Corpus Christi and Houston

High-Risk Areas:

• Intersection with Highway 185
• Approaches to the Port Lavaca causeway
• Construction zones
• Areas with sudden speed limit changes

2. Port of Port Lavaca

The Port of Port Lavaca handles significant cargo volume, creating heavy truck traffic to and from port facilities. Port-related trucking often involves:

• Specialized cargo requiring additional safety precautions
• Hazardous materials
• Oversized loads
• Time-sensitive deliveries

High-Risk Areas:

• Port access roads
• Loading and unloading zones
• Intersections near port facilities
• Areas where port traffic merges with highway traffic

3. Industrial Corridors (Point Comfort)

Major employers like Formosa Plastics, Alcoa, and numerous chemical processing facilities generate substantial truck traffic. These facilities often handle:

• Hazardous materials
• Bulk chemicals
• Industrial equipment
• Raw materials

High-Risk Areas:

• Industrial access roads
• Loading docks
• Areas where industrial traffic merges with public roads
• Truck staging areas

4. Highway 185 Corridor

Highway 185 serves as an important east-west route, connecting Port Lavaca to Victoria and beyond. This corridor sees truck traffic carrying:

• Agricultural products
• Industrial materials
• Local freight
• Through traffic

High-Risk Areas:

• Intersection with Highway 35
• Rural sections with limited shoulders
• Areas with wildlife crossings
• Bridges and overpasses

5. Rural Roads

Calhoun County’s rural roads present unique challenges for truck drivers:

• Narrow lanes with limited shoulders
• Poor lighting at night
• Wildlife hazards
• Sudden weather changes
• Limited emergency services

Common Causes of Trucking Accidents in Calhoun County

1. Driver Fatigue

Driver fatigue is a leading cause of trucking accidents in Calhoun County. FMCSA regulations limit driving time to prevent fatigue:

• Maximum 11 hours driving after 10 consecutive hours off duty
• Cannot drive beyond 14th consecutive hour on duty
• 30-minute break required after 8 hours driving
• 60/70 hour weekly limits

Despite these regulations, we frequently see violations in Calhoun County cases:

• Drivers falsifying log books
• Companies pressuring drivers to meet unrealistic schedules
• Drivers working second jobs during off-duty periods
• Inadequate rest facilities

2. Distracted Driving

Distracted driving is a growing problem among commercial truck drivers in Calhoun County:

• Cell phone use (texting, calls)
• Dispatch communications
• GPS devices
• Eating and drinking while driving
• External distractions (billboards, scenery)

Federal regulations prohibit:

• Using hand-held mobile phones while driving
• Texting while driving
• Reaching for devices in a manner requiring leaving the seated position

3. Speeding

Speeding is particularly dangerous for commercial trucks due to their size and weight:

• Longer stopping distances
• Increased risk of rollovers
• Greater impact force in collisions
• Reduced control in curves and adverse conditions

Common speeding violations in Calhoun County:

• Exceeding posted speed limits
• Driving too fast for conditions (rain, fog, traffic)
• Violating speed limits for commercial vehicles
• Speeding to meet delivery deadlines

4. Improper Maintenance

Poor vehicle maintenance creates significant hazards on Calhoun County roads:

• Brake failures (29% of truck accidents involve brake problems)
• Tire blowouts
• Lighting failures
• Steering system failures
• Suspension problems

FMCSA requires:

• Pre-trip and post-trip inspections
• Annual inspections
• Systematic maintenance programs
• Record retention

5. Improper Loading

Improperly loaded cargo creates dangerous conditions:

• Shifting loads causing rollovers
• Falling cargo striking other vehicles
• Overweight vehicles with reduced control
• Unbalanced loads affecting stability

Common loading violations in Calhoun County:

• Inadequate tiedowns
• Improper weight distribution
• Failure to use blocking and bracing
• Overloading beyond legal limits
• Failure to secure tarps

6. Weather Conditions

Calhoun County’s Gulf Coast location creates unique weather hazards:

• Sudden thunderstorms
• Coastal fog reducing visibility
• High winds affecting high-profile trailers
• Hurricane-related weather events

Truck drivers must:

• Reduce speed for conditions
• Increase following distance
• Use headlights in reduced visibility
• Pull over when conditions become dangerous

7. Inexperienced Drivers

Inexperienced drivers create significant risks:

• Poor judgment in emergency situations
• Inadequate training on vehicle handling
• Lack of familiarity with local roads
• Insufficient knowledge of regulations

Common issues in Calhoun County:

• New drivers assigned to complex routes
• Inadequate training programs
• Failure to properly supervise new drivers
• Hiring drivers with limited experience

The Attorney911 Difference: How We Handle Your Calhoun County Case

1. Immediate Response

We understand that time is critical in trucking accident cases. When you call Attorney911:

• We answer 24/7
• We dispatch investigators to the scene if possible
• We send spoliation letters within hours
• We begin preserving evidence immediately

2. Comprehensive Investigation

Our investigation process is thorough and aggressive:

Phase 1: Immediate Response (0-72 Hours)

• Accept case and send preservation letters same day
• Deploy accident reconstruction expert to scene if needed
• Obtain police crash report
• Photograph client injuries with medical documentation
• Photograph all vehicles before they are repaired or scrapped
• Identify all potentially liable parties

Phase 2: Evidence Gathering (Days 1-30)

• Subpoena ELD/black box data downloads
• Request driver’s paper log books (backup documentation)
• Obtain complete Driver Qualification File from carrier
• Request all truck maintenance and inspection records
• Obtain carrier’s CSA safety scores and inspection history
• Order driver’s complete Motor Vehicle Record (MVR)
• Subpoena driver’s cell phone records
• Obtain dispatch records and delivery schedules

Phase 3: Expert Analysis

• Accident reconstruction specialist creates crash analysis
• Medical experts establish causation and future care needs
• Vocational experts calculate lost earning capacity
• Economic experts determine present value of all damages
• Life care planners develop comprehensive care plans for catastrophic injuries
• FMCSA regulation experts identify all violations

Phase 4: Litigation Strategy

• File lawsuit before statute of limitations expires (2 years in Texas)
• Pursue aggressive discovery against all potentially liable parties
• Depose truck driver, dispatcher, safety manager, maintenance personnel
• Build case for trial while negotiating settlement from position of strength
• Prepare every case as if going to trial (creates leverage in negotiations)

3. Aggressive Negotiation

We negotiate from a position of strength:

• We know the true value of your case
• We’re prepared to go to trial if necessary
• Insurance companies know we’ll fight for maximum compensation
• Our former insurance defense attorney knows their tactics

4. Trial Preparation

While most cases settle, we prepare every case as if it’s going to trial:

• Develop compelling case themes
• Prepare persuasive visual aids
• Practice witness examinations
• Anticipate defense arguments
• Research jury selection strategies

5. Client Communication

We keep you informed every step of the way:

• Regular status updates
• Prompt responses to your questions
• Clear explanations of legal strategies
• Honest assessments of your case
• Compassionate support throughout the process

What to Expect When You Call Attorney911

Step 1: Free Consultation

• We listen to your story
• We answer your questions
• We explain your legal options
• We discuss our fee structure (no fee unless we win)
• We determine if we can help with your case

Step 2: Case Acceptance

• We send spoliation letters immediately
• We begin preserving evidence
• We start investigating liability
• We connect you with medical providers if needed

Step 3: Investigation

• We gather all available evidence
• We interview witnesses
• We obtain police and accident reports
• We subpoena trucking company records
• We consult with experts

Step 4: Medical Care Facilitation

• We help arrange medical treatment
• We work with doctors to document your injuries
• We ensure you receive appropriate care
• We track your recovery progress

Step 5: Demand Letter

• We calculate all your damages
• We prepare a comprehensive demand package
• We present your claim to the insurance company
• We negotiate aggressively for maximum compensation

Step 6: Negotiation

• We reject lowball offers
• We present counter-demands
• We negotiate from a position of strength
• We keep you informed of all offers

Step 7: Litigation (if needed)

• We file a lawsuit if settlement isn’t possible
• We conduct discovery (depositions, document requests)
• We file motions to strengthen your case
• We prepare for trial

Step 8: Resolution

• We negotiate settlement throughout the process
• We prepare for trial if necessary
• We present your case to a jury if required
• We collect your settlement or verdict

Frequently Asked Questions About Calhoun County Trucking Accidents

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

If you’ve been in a trucking accident in Calhoun 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. Calhoun County hospitals like Memorial Medical Center in Port Lavaca and Citizens Medical Center in Victoria 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 Calhoun 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 Calhoun 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.

7. Who can I sue after an 18-wheeler accident in Calhoun 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. If you’re less than 50% at fault, your recovery is reduced by your percentage of fault. If you’re 50% or more at fault, you cannot recover anything. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened.

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 Calhoun County roads.

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. 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

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.

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

The top violations we find in Calhoun 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.

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.

21. What injuries are common in 18-wheeler accidents in Calhoun 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 Calhoun 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 Calhoun 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.

24. How long do I have to file an 18-wheeler accident lawsuit in Calhoun 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.

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 After a Calhoun County Trucking Accident

If you or a loved one has been injured in an 18-wheeler accident in Calhoun County, time is critical. Evidence disappears quickly, and the trucking company’s legal team is already working to protect their interests.

1. Call Attorney911 Immediately

We’re available 24/7 to start protecting your rights:
📞 1-888-ATTY-911 (1-888-288-9911)
📧 ralph@atty911.com
🌐 https://attorney911.com

2. Schedule Your Free Consultation

During your free consultation, we’ll:

• Listen to your story
• Answer your questions
• Explain your legal options
• Discuss our fee structure (no fee unless we win)
• Determine if we can help with your case

3. Let Us Handle Everything

Once you retain Attorney911, we’ll:

• Send spoliation letters to preserve evidence
• Investigate all liable parties
• Handle all communications with insurance companies
• Connect you with medical providers
• Build the strongest possible case for maximum compensation

4. Focus on Your Recovery

While we handle the legal battle, you can focus on what matters most – your health and your family. We’ll keep you informed every step of the way.

The Attorney911 Promise to Calhoun County

When you choose Attorney911 for your Calhoun County trucking accident case, you’re getting:

✅ 25+ years of trucking litigation experience
✅ Federal court admission for complex cases
✅ A former insurance defense attorney on your side
✅ Local knowledge of Calhoun County’s roads and courts
✅ 24/7 availability when you need us most
✅ No fee unless we win your case
✅ Fluent Spanish services for our Hispanic community
✅ A team that treats you like family

Don’t Wait – Evidence Disappears Fast

Every hour you wait, critical evidence in your Calhoun County trucking accident case is disappearing. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company’s rapid-response team is already working to protect their interests.

Call Attorney911 NOW at 1-888-ATTY-911 for a free consultation. We’ll send a preservation letter today to protect your evidence and start building your case.

Your fight for justice starts with one call: 1-888-ATTY-911

We answer. We fight. We win.