18-Wheeler Accidents in Collingsworth County: Your Guide to Justice and Maximum Compensation
If you or a loved one has been injured in an 18-wheeler accident in Collingsworth County, you’re facing one of the most challenging experiences of your life. The physical pain, emotional trauma, and financial uncertainty can feel overwhelming. But you don’t have to face this alone. At Attorney911, we’ve been fighting for trucking accident victims across Texas for over 25 years, and we know exactly how to hold negligent trucking companies accountable.
Why 18-Wheeler Accidents in Collingsworth County Are Different
Trucking accidents aren’t like regular car accidents. The stakes are higher, the injuries are more severe, and the legal process is far more complex. In Collingsworth County, we see unique factors that make these cases particularly challenging:
- Highway 83 and US 62: These major routes see heavy truck traffic serving agricultural operations and oil field services
- Rural roads with limited shoulders: Many county roads weren’t designed for modern truck traffic
- Long distances between medical facilities: Delayed treatment can worsen injuries
- Seasonal agricultural traffic: Harvest seasons bring increased truck traffic with sometimes inexperienced drivers
- Oil field equipment transport: Overweight and oversized loads create additional hazards
When an 80,000-pound truck collides with a passenger vehicle, the results are often catastrophic. That’s why you need an attorney who understands both the federal trucking regulations and the specific challenges of Collingsworth County roads.
The Devastating Reality of 18-Wheeler Accidents
Every year in Texas, thousands of people are injured or killed in commercial truck crashes. The statistics are sobering:
- Over 5,000 people die in trucking accidents annually in the United States
- 76% of those killed are occupants of the passenger vehicle
- Trucking accidents cause catastrophic injuries including traumatic brain injury, spinal cord damage, amputations, and wrongful death
- In Collingsworth County, we see a disproportionate number of accidents involving fatigued drivers and improperly secured agricultural loads
The physics of these collisions make severe injuries almost inevitable. An 80,000-pound truck carries 20-25 times the kinetic energy of a passenger car. When that energy transfers to your vehicle, the results are often life-altering.
Common Causes of 18-Wheeler Accidents in Collingsworth County
Our experience handling trucking cases throughout Texas has shown us the most frequent causes of these devastating accidents:
Driver Fatigue and Hours of Service Violations
Truck drivers in Collingsworth County often face pressure to meet tight delivery deadlines, especially during harvest seasons. This leads to:
- Violating federal hours of service regulations (49 CFR Part 395)
- Driving beyond the 11-hour limit after 10 hours off duty
- Exceeding the 14-hour on-duty window
- Skipping required 30-minute breaks after 8 hours of driving
- Falsifying log books to hide violations
Fatigued driving is just as dangerous as drunk driving. Studies show that being awake for 18 hours impairs driving ability as much as a 0.05% blood alcohol concentration. After 24 hours without sleep, impairment equals 0.10% BAC – well above the legal limit.
Distracted Driving
With the proliferation of in-cab technology, distracted driving has become a major problem:
- Texting while driving (prohibited by 49 CFR § 392.82)
- Using dispatch communication systems while moving
- Eating or drinking while driving
- Adjusting GPS or navigation systems
- Watching videos or using social media
A truck driver traveling at 65 mph covers the length of a football field in just 4.7 seconds. Looking down at a phone for even a few seconds can be deadly.
Improper Maintenance and Brake Failures
Poorly maintained trucks are a significant hazard on Collingsworth County roads:
- Worn brake pads or shoes not replaced
- Improper brake adjustment (too loose)
- Air brake system leaks or failures
- Defective brake components
- Failure to conduct pre-trip inspections (required by 49 CFR § 396.13)
- Deferred maintenance to save costs
Brake problems are a factor in approximately 29% of large truck crashes. When brakes fail on a fully loaded truck, the results are often catastrophic.
Tire Blowouts
Tire failures are particularly dangerous on rural Collingsworth County roads:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris causing punctures
- Manufacturing defects
- Improper tire matching on dual wheels
A blown steer tire (front tire) can cause immediate loss of control. Even a rear tire blowout can cause the trailer to swing dangerously.
Cargo Securement Failures
Improperly secured cargo is a major hazard, especially with agricultural loads common in Collingsworth County:
- Inadequate tiedowns (violating 49 CFR § 393.100-136)
- 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
When cargo shifts during transport, it can destabilize the truck and cause rollovers or jackknife accidents.
Blind Spot Accidents (“No-Zone” Collisions)
Large trucks have significant blind spots where passenger vehicles disappear from view:
- Right side blind spot: Extends from cab door backward – the largest and most dangerous
- Rear blind spot: 30 feet behind the trailer – no rear-view mirror visibility
- Front blind spot: 20 feet directly in front of the cab
- Left side blind spot: Extends from cab door backward but smaller than right side
Many accidents occur when truck drivers change lanes without seeing vehicles in their blind spots.
Wide Turn Accidents (“Squeeze Play”)
Trucks need significant space to make turns, especially on Collingsworth County’s narrow rural roads:
- Swinging wide before making right turns
- Failing to properly signal turning intention
- Inadequate mirror checks before and during turns
- Improper turn technique (swinging too early or too wide)
- Driver inexperience with trailer tracking
These accidents often crush passenger vehicles that try to pass on the right when the truck swings wide.
Underride Collisions
Underride accidents are among the most deadly:
- Rear underride: Vehicle strikes back of trailer and slides underneath
- Side underride: Vehicle impacts side of trailer during lane changes or turns
Federal law requires rear impact guards (49 CFR § 393.86), but there’s no requirement for side underride guards. These accidents often result in decapitation or catastrophic head and neck injuries.
Jackknife Accidents
Jackknifing occurs when the trailer swings out perpendicular to the cab:
- Sudden or improper braking on wet or icy roads
- Speeding on curves or in adverse conditions
- Empty or lightly loaded trailers (more prone to swing)
- Improperly loaded or unbalanced cargo
- Brake system failures
Jackknife accidents often block multiple lanes and cause multi-vehicle pileups.
The Catastrophic Injuries We See in Collingsworth County Trucking Accidents
The injuries from 18-wheeler accidents are often life-altering:
Traumatic Brain Injury (TBI)
TBI occurs when the brain impacts the inside of the skull due to sudden acceleration or deceleration. Symptoms can include:
- Headaches and dizziness
- Memory loss and confusion
- Difficulty concentrating
- Mood changes and depression
- Sleep disturbances
- Speech difficulties
- Personality changes
- Permanent cognitive impairment
Lifetime care costs for severe TBI can exceed $3 million.
Spinal Cord Injuries and Paralysis
Damage to the spinal cord can result in:
- Paraplegia: Loss of function below the waist
- Quadriplegia: Loss of function in all four limbs
- Incomplete injuries: Some nerve function remains
- Complete injuries: Total loss of sensation and movement
Lifetime care costs range from $1.1 million for low paraplegia to $5 million for high quadriplegia.
Amputations
Amputations occur when limbs are severed in the accident or must be surgically removed due to:
- Crushing injuries
- Severe burns
- Infections from open wounds
- Entrapment requiring amputation for extraction
Amputees face ongoing medical needs including prosthetics, rehabilitation, and psychological counseling.
Severe Burns
Burns occur from:
- Fuel tank ruptures and fires
- Hazmat cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Third and fourth-degree burns require skin grafts and can cause permanent scarring and disfigurement.
Internal Organ Damage
Common internal injuries include:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Internal injuries can be life-threatening and may not show immediate symptoms.
Wrongful Death
When a trucking accident kills a loved one, surviving family members can pursue wrongful death claims for:
- Lost future income and benefits
- Loss of consortium (spousal companionship)
- Loss of parental guidance (for children)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses before death
- Punitive damages in cases of gross negligence
Who Is Liable for Your 18-Wheeler Accident in Collingsworth County?
One of the most important aspects of trucking accident cases is that multiple parties can be held liable. This is different from car accidents where typically only one driver is at fault. In trucking cases, we investigate and pursue claims against:
The Truck Driver
The driver may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone use, texting)
- 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
The Trucking Company (Motor Carrier)
The trucking company is often the most important defendant because they have the deepest pockets and highest insurance limits. They can be liable for:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not independent contractor)
- Acting within the scope of employment
- Performing job duties when accident occurred
Direct Negligence:
- Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
- Negligent Training: Inadequate training on safety, cargo securement, hours of service
- Negligent Supervision: Failed to monitor driver performance, ELD compliance
- Negligent Maintenance: Failed to maintain vehicle in safe condition
- Negligent Scheduling: Pressured drivers to violate HOS regulations
The Cargo Owner or Shipper
The company that owns the cargo and arranged for its shipment may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous nature of cargo
- Requiring overweight loading
- Pressuring carrier to expedite beyond safe limits
- Misrepresenting cargo weight or characteristics
The Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for:
- Improper cargo securement (violating 49 CFR 393)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, tiedowns
- Not training loaders on securement requirements
Truck and Trailer Manufacturers
The company that manufactured the truck, trailer, or major components may be liable for:
- Design defects (brake systems, stability control, fuel tank placement)
- Manufacturing defects (faulty welds, component failures)
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
Parts Manufacturers
Companies that manufacture specific parts (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
Maintenance Companies
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
Freight Brokers
Freight brokers who arrange transportation but don’t own trucks may be liable for:
- 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
The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability for:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
Government Entities
Federal, state, or local government may be liable in limited circumstances for:
- 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
Government liability is limited by sovereign immunity and requires strict notice requirements.
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 Time Is Critical
| 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
We send spoliation letters within 24-48 hours of being retained.
What We Demand Be Preserved
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
- Previous accident/violation history
- CSA (Compliance, Safety, Accountability) scores
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data: The Truth Machine
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.
Types of Electronic Recording:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
Why This Data Wins Cases:
ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.
FMCSA Regulations: The Legal Foundation of Your Case
The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.
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.
The 6 Critical Parts of FMCSA Regulations
| Part | Title | What It Covers | Common Violations in Collingsworth County |
|---|---|---|---|
| Part 390 | General Applicability | Definitions, who regulations apply to | Misclassifying drivers as independent contractors |
| Part 391 | Driver Qualification | Who can drive, medical requirements, training | Hiring unqualified drivers, incomplete DQ files |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol | Distracted driving, speeding, fatigue |
| Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights | Poor maintenance, defective equipment, cargo securement failures |
| Part 395 | Hours of Service | How long drivers can drive, required rest | Driving beyond 11-hour limit, falsifying logs |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records | Deferred maintenance, failure to inspect |
Part 391: Driver Qualification – The Hiring Process
FMCSA establishes who is qualified to drive a commercial motor vehicle. Violations in driver qualification are among the most common we find in Collingsworth County cases.
Minimum Driver Qualifications (49 CFR § 391.11):
A person shall not drive a commercial motor vehicle unless they:
- Are at least 21 years old (interstate) or 18 years old (intrastate)
- Can read and speak English sufficiently
- Can safely operate the CMV and cargo type
- Are physically qualified under § 391.41
- Have a valid commercial motor vehicle operator’s license (CDL)
- Have completed a driver’s road test or equivalent
- Are not disqualified under § 391.15 (violations, suspensions)
- 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 | Common Violations |
|---|---|---|
| Employment Application | Completed per § 391.21 | Incomplete applications, missing information |
| Motor Vehicle Record | From state licensing authority | Failure to obtain or review |
| Road Test Certificate | Or equivalent documentation | Missing or expired |
| Medical Examiner’s Certificate | Current, valid (max 2 years) | Expired, missing, or invalid |
| Annual Driving Record Review | Must be conducted and documented | Not conducted or documented |
| Previous Employer Inquiries | 3-year driving history investigation | Incomplete or missing |
| Drug & Alcohol Test Records | Pre-employment and random testing | Missing pre-employment tests |
Why This Matters for Your 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.
Part 392: Driving Rules – Safe Operation
This part establishes rules for the safe operation of CMVs. Violations here are often directly responsible for accidents.
Ill or Fatigued Operators (49 CFR § 392.3):
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
Why This Matters: This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.
Drugs and Other Substances (49 CFR § 392.4):
A driver shall not be on duty or operate a CMV while:
- Under the influence of any Schedule I substance
- Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
- Possessing a Schedule I substance (unless prescription)
Alcohol (49 CFR § 392.5):
A driver shall not:
- Use alcohol within 4 hours before going on duty or operating a CMV
- Use alcohol while on duty or operating a CMV
- Be under the influence of alcohol (.04 BAC or higher) while on duty
- 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 mobile phone in manner requiring leaving seated position
- Texting while driving (49 CFR § 392.80)
Part 393: Vehicle Safety – Equipment Standards
This part establishes equipment and cargo securement standards. Violations here often cause or contribute to accidents.
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: Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.
Part 395: Hours of Service – Preventing Driver Fatigue
These are THE MOST COMMONLY VIOLATED REGULATIONS in trucking accidents. Fatigue is a factor in approximately 31% of fatal truck crashes.
Property-Carrying Drivers (Most 18-Wheelers):
| Rule | Requirement | Violation Consequence |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Fatigue-related accidents |
| 14-Hour Duty Window | Cannot drive beyond 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:
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
This part ensures CMVs are maintained in safe operating condition.
General Maintenance Requirement (§ 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
Driver Inspection Requirements:
Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.
Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare 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.
Why This Matters: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.
The Most Common FMCSA Violations We Find in Collingsworth County Cases
Top 10 Violations That Cause Accidents:
- Hours of Service Violations – Driving beyond 11-hour limit, no breaks
- False Log Entries – Falsifying ELD or paper log records
- Failure to Maintain Brakes – Worn brakes, improper adjustment
- Cargo Securement Failures – Inadequate tiedowns, shifting loads
- Unqualified Driver – Operating without valid CDL or medical certificate
- Drug/Alcohol Violations – Operating under influence, failed tests
- Mobile Phone Use – Texting, hand-held phone while driving
- Failure to Inspect – No pre-trip inspection, ignored defects
- Improper Lighting – Non-functioning lights, missing reflectors
- Negligent Hiring – No background check, incomplete DQ file
How We Prove Violations:
| Evidence Type | What It Shows |
|---|---|
| ELD Data | Hours of service violations, driving time |
| ECM/Black Box | Speed, braking, throttle position |
| Driver Qualification File | Hiring negligence, training gaps |
| Maintenance Records | Deferred repairs, known defects |
| Inspection Reports | Pre-existing violations |
| Drug/Alcohol Tests | Impairment at time of accident |
| Dispatch Records | Pressure to violate HOS |
The Multi-Million Dollar Question: What Is Your Case Worth?
One of the first questions we hear from Collingsworth County trucking accident victims is: “How much is my case worth?” The answer depends on many factors, but trucking cases typically have higher values than car accidents for several reasons:
- Higher Insurance Limits: Federal law requires minimum liability coverage of $750,000 for non-hazardous freight, and many carriers carry $1-5 million or more.
- Catastrophic Injuries: Trucking accidents often cause severe, life-altering injuries that require extensive medical treatment and long-term care.
- Multiple Liable Parties: More defendants mean more sources of compensation.
- Punitive Damages: When trucking companies act with gross negligence, punitive damages may be available to punish the wrongdoer.
Factors That Determine Case Value
| Factor | How It Affects Value |
|---|---|
| Severity of Injuries | More severe injuries = higher value |
| 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 |
| Pain and Suffering | Physical pain and emotional distress |
| Degree of Defendant’s Negligence | More egregious conduct = higher value |
| Insurance Coverage Available | Higher limits = potential for higher recovery |
| Comparative Fault | Your percentage of fault reduces recovery |
| Jurisdiction | Some Collingsworth County (Earth > North America > United States > Texas > Collingsworth County) courts are more plaintiff-friendly |
Settlement Ranges for Common Trucking Accident Injuries
| Injury Type | Settlement Range | Notes |
|---|---|---|
| Soft Tissue Injuries | $15,000 – $100,000 | Whiplash, sprains, strains |
| Moderate Back/Neck Injuries | $50,000 – $300,000 | Non-surgical treatment cases |
| Herniated Disc (Surgery Required) | $300,000 – $1,000,000 | Multiple disc involvement increases value |
| Traumatic Brain Injury (Moderate to Severe) | $1,000,000 – $10,000,000+ | Includes cognitive impairment, personality changes |
| Spinal Cord Injury (Paraplegia) | $2,000,000 – $10,000,000+ | Lifetime care costs significant |
| Spinal Cord Injury (Quadriplegia) | $5,000,000 – $25,000,000+ | Highest lifetime care costs |
| Amputation | $1,000,000 – $8,000,000 | Includes prosthetics, rehabilitation |
| Severe Burns | $500,000 – $5,000,000 | Multiple surgeries, permanent scarring |
| Wrongful Death | $1,000,000 – $20,000,000+ | Depends on decedent’s earning capacity |
The Nuclear Verdict Trend
In recent years, juries have been awarding massive verdicts against trucking companies that act with gross negligence:
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $730 Million | 2021 | Texas | Ramsey v. Landstar Ranger – Navy propeller oversize load killed 73-year-old woman |
| $462 Million | 2024 | Missouri | St. Louis Underride – Two men decapitated in underride crash |
| $160 Million | 2024 | Alabama | Street v. Daimler – Rollover left driver quadriplegic |
| $150 Million | 2022 | Texas | Werner Settlement – Two children killed on I-30 |
| $141.5 Million | 2023 | Florida | Defunct Carrier Case – Nuclear verdict against carrier no longer in business |
| $100 Million+ | 2021 | Florida | I-95 Chain Reaction – 18-year-old killed; $100M compensatory + $900M punitive |
Why Nuclear Verdicts Happen:
Juries award massive verdicts when they find:
- Trucking company knowingly hired dangerous drivers
- Company ignored safety violations for profit
- Evidence was destroyed (spoliation)
- Falsified hours-of-service logs
- Pattern of similar violations
- Corporate culture prioritizing profit over safety
- Egregious disregard for human life
The Attorney911 Advantage: Why We Win Trucking Cases
When you’re up against a trucking company with teams of lawyers and millions in insurance, you need more than just any attorney. You need a team with specific advantages:
1. Insurance Defense Insider Knowledge
Our associate attorney Lupe Peña spent years working at a national insurance defense firm before joining Attorney911. This gives us an unprecedented advantage:
- He knows exactly how insurance companies evaluate claims
- He knows how adjusters are trained to minimize payouts
- He knows what makes them settle
- He knows how they try to deny claims
- He knows the claims valuation software (Colossus, etc.)
- He knows the tactics they use to lowball victims
“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.”
2. 25+ Years of Trucking Litigation Experience
Ralph Manginello, our managing partner, has been fighting trucking companies since 1998. His experience includes:
- Recovering multi-million dollar settlements and verdicts for trucking accident victims
- Federal court admission to the U.S. District Court, Southern District of Texas
- Experience in BP explosion litigation against multinational corporations
- Deep familiarity with Collingsworth County trucking corridors, weigh stations, and accident patterns
- Comprehensive understanding of FMCSA regulations (49 CFR Parts 390-399)
- Experience holding trucking companies accountable for negligent hiring, training, and supervision
3. Immediate Evidence Preservation
We move faster than any trucking company’s rapid-response team:
- Send spoliation letters within 24-48 hours
- Demand immediate download of ECM and ELD data
- Subpoena cell phone records to prove distracted driving
- Obtain police crash reports and 911 call recordings
- Canvass accident scene for security camera footage
- Photograph all damage, tire marks, debris patterns, and road conditions
- Interview witnesses before memories fade
- Hire accident reconstruction experts for complex crashes
4. Federal Court Capability
Many trucking cases involve interstate commerce and can be filed in federal court. Our federal court admission to the U.S. District Court, Southern District of Texas gives us the ability to handle these complex cases.
5. Spanish Language Services
Collingsworth County has a significant Hispanic population, including many Spanish-speaking truck drivers and accident victims. Our associate attorney Lupe Peña is fluent in Spanish, providing direct representation without interpreters.
Hablamos Español. Llame al 1-888-ATTY-911.
6. Proven Track Record of Results
Our results speak for themselves:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- $2+ Million – Maritime Back Injury Settlement
- Millions recovered for families in trucking-related wrongful death cases
- $10M Lawsuit Filed – University of Houston Hazing Litigation
- $50+ Million recovered for Texas families
What to Do After an 18-Wheeler Accident in Collingsworth County
If you’ve been injured in a trucking accident, what you do in the first 48 hours can determine the outcome of your case. Follow these critical steps:
1. Call 911 Immediately
- Report the accident to law enforcement
- Request medical assistance even if injuries seem minor
- Ensure a police report is filed
2. Seek Medical Attention Right Away
- Adrenaline masks pain – injuries may not be immediately apparent
- Internal injuries can be life-threatening
- Delaying treatment gives insurance companies ammunition to deny your claim
- Collingsworth County hospitals and clinics can document your injuries
3. Document the Scene
If you’re physically able, take these actions:
- Photograph all vehicles involved from multiple angles
- Take pictures of the accident scene, road conditions, and weather
- Photograph your injuries
- Get the truck driver’s name, CDL number, and contact information
- Get the trucking company’s name and DOT number
- Collect witness names and contact information
- Note the responding officer’s name and badge number
4. Do NOT Give Statements to Insurance Companies
- The trucking company’s insurance adjuster is not your friend
- Anything you say will be used to minimize your claim
- Never give recorded statements without an attorney present
- Refer all insurance contacts to your attorney
5. Contact an 18-Wheeler Accident Attorney Immediately
- Evidence disappears quickly – we send spoliation letters within 24-48 hours
- We preserve black box data, ELD records, and other critical evidence
- We handle all communications with insurance companies
- We protect your rights from the very beginning
The Attorney911 Process: How We Handle Your Case
Phase 1: Immediate Response (0-72 Hours)
- Accept your case and send preservation letters same day
- Deploy accident reconstruction expert to scene if needed
- Obtain police crash report
- Photograph your 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 ECM/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)
Frequently Asked Questions About 18-Wheeler Accidents in Collingsworth County
What should I do immediately after an 18-wheeler accident in Collingsworth County?
If you’ve been in a trucking accident in Collingsworth 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
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. Collingsworth County hospitals and trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene in Collingsworth County?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney in Collingsworth County?
IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
What is a spoliation letter and why is it important?
A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.
Who can I sue after an 18-wheeler accident in Collingsworth County?
Multiple parties may be liable in trucking accidents:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:
- Negligent hiring (hiring unqualified drivers)
- Negligent training (inadequate safety training)
- Negligent supervision (failing to monitor driver behavior)
- Negligent maintenance (poor vehicle upkeep)
What if the truck driver says the accident was my fault?
Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.
What is an owner-operator and does that affect my case?
An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.
How do I find out if the trucking company has a bad safety record?
FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:
- CSA (Compliance, Safety, Accountability) scores
- Inspection history and out-of-service rates
- Crash history
- Safety rating
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes but for trucks. This data can show:
- Speed before and during the crash
- Brake application timing
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
What injuries are common in 18-wheeler accidents in Collingsworth County?
Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:
- Traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Multiple fractures
- Wrongful death
How much are 18-wheeler accident cases worth in Collingsworth County?
Case values depend on many factors:
- Severity of injuries
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Degree of defendant’s negligence
- Insurance coverage available
Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.
What if my loved one was killed in a trucking accident in Collingsworth County?
Texas allows wrongful death claims by surviving family members. You may recover:
- Lost future income and benefits
- Loss of consortium (spousal companionship and relationship)
- Loss of parental guidance and nurturing (for surviving children)
- Mental anguish and emotional distress (for surviving family)
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Pain and suffering experienced by decedent before death
- Punitive damages (in cases of gross negligence)
Time limits apply – contact us immediately to protect your rights.
How long do I have to file an 18-wheeler accident lawsuit in Collingsworth County?
The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
Do I need to pay anything upfront to hire your firm?
NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.
Why Choose Attorney911 for Your Collingsworth County Trucking Accident Case
When you’re facing the aftermath of a catastrophic 18-wheeler accident, you need more than just any attorney. You need a team with specific advantages that give you the best chance of maximum recovery:
1. We’re Collingsworth County Trucking Accident Specialists
We know the local roads, the local courts, and the local challenges:
- Highway 83 and US 62 accident patterns
- Rural road hazards unique to Collingsworth County
- Local medical facilities and treatment options
- Collingsworth County judges and court procedures
- Agricultural and oil field trucking industry practices
2. We Have Insider Knowledge of Insurance Company Tactics
Our associate attorney Lupe Peña spent years on the other side, working for a national insurance defense firm. He knows:
- How insurance companies evaluate claims
- How adjusters are trained to minimize payouts
- What makes them settle
- How they try to deny claims
- The claims valuation software they use
- The tactics they use to lowball victims
This insider knowledge gives us an unprecedented advantage in negotiating with insurance companies and presenting your case to a jury.
3. We Move Faster Than the Trucking Companies
Trucking companies have rapid-response teams that spring into action within hours of an accident. We move even faster:
- Send spoliation letters within 24-48 hours
- Demand immediate preservation of black box data
- Subpoena cell phone records to prove distracted driving
- Obtain police reports and 911 call recordings
- Canvass the scene for security camera footage
- Photograph all damage before vehicles are repaired
- Interview witnesses before memories fade
4. We Have Federal Court Capability
Many trucking cases involve interstate commerce and can be filed in federal court. Our federal court admission to the U.S. District Court, Southern District of Texas gives us the ability to handle these complex cases and pursue all available avenues for recovery.
5. We Offer Spanish Language Services
Collingsworth County has a significant Hispanic population, including many Spanish-speaking truck drivers and accident victims. Our associate attorney Lupe Peña is fluent in Spanish, providing direct representation without interpreters.
Hablamos Español. Llame al 1-888-ATTY-911.
6. We Have a Proven Track Record of Results
Our results speak for themselves:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- $2+ Million – Maritime Back Injury Settlement
- Millions recovered for families in trucking-related wrongful death cases
- $10M Lawsuit Filed – University of Houston Hazing Litigation
- $50+ Million recovered for Texas families
7. We Treat You Like Family
We understand that you’re going through one of the most difficult times of your life. We treat every client with compassion, respect, and personalized attention. You’re not just another case number – you’re family.
“They treated me like FAMILY, not just another case number.”
— Chad Harris, Attorney911 Client
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client
8. We Take Cases Other Firms Reject
We believe that everyone deserves quality legal representation, regardless of how complex or challenging their case may be. We take cases that other firms turn away.
“I had another attorney but he dropped my case although Manginello law firm were able to help me out.”
— Greg Garcia, Attorney911 Client
9. We Solve Cases Faster Than Competitors
Our efficient processes and aggressive approach mean we often resolve cases faster than other firms.
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
10. We Have Direct Attorney Access
At many large firms, you’ll rarely speak to the lead attorney. At Attorney911, you have direct access to Ralph Manginello and our entire legal team.
“Ralph reached out personally.”
— Dame Haskett, Attorney911 Client
Your Next Step: Call Attorney911 Now
If you or a loved one has been injured in an 18-wheeler accident in Collingsworth County, time is critical. Evidence is disappearing while you read this. The trucking company’s rapid-response team is already working to protect their interests.
Don’t wait. Don’t try to handle this alone. Don’t let the trucking company take advantage of you.
Call Attorney911 now at 1-888-ATTY-911 for a free, no-obligation consultation. We’ll:
- Evaluate your case and explain your rights
- Send spoliation letters to preserve critical evidence
- Handle all communications with insurance companies
- Connect you with medical care if needed
- Begin building your case immediately
Remember: We work on contingency. You pay nothing unless we win your case. There’s no risk, no upfront cost, and no reason to wait.
Call 1-888-ATTY-911 now. The evidence in your case is disappearing while you read this.
“Every hour you wait, evidence in your Collingsworth County 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.”
“Our managing partner, Ralph Manginello, has over 25 years of experience fighting trucking companies in Collingsworth County and across Texas. Our team includes a former insurance defense attorney who knows every tactic the trucking company will use against you. Call 1-888-ATTY-911 to put that experience to work for your case.”
“Worried about affording an attorney? Don’t be. Attorney911 works on contingency – you pay absolutely nothing unless we win your case. We advance all investigation costs. The trucking company has lawyers working right now to protect them. You deserve the same level of representation. Call 1-888-ATTY-911 for your free case evaluation.”
“If you or a loved one suffered catastrophic injuries in a Collingsworth County 18-wheeler accident – traumatic brain injury, spinal cord damage, amputation, or worse – you need an attorney who has recovered multi-million dollar verdicts for families just like yours. Call Attorney911 at 1-888-ATTY-911 today.”
“We are deeply sorry for your loss. When a trucking company’s negligence takes a loved one, justice requires holding them fully accountable. Our Collingsworth County wrongful death attorneys have the experience and resources to fight for your family. Call 1-888-ATTY-911 for a compassionate, confidential consultation. Hablamos Español.”