18-Wheeler Accidents in DeWitt County: Your Guide to Justice and Compensation
If you or a loved one has been involved in an 18-wheeler accident in DeWitt County, you’re likely facing overwhelming challenges. The physical injuries, emotional trauma, and financial burdens can feel insurmountable. At Attorney911, we understand what you’re going through, and we’re here to help. Our team of experienced trucking accident attorneys has been fighting for victims like you across Texas for over 25 years, and we’re ready to put that experience to work for your DeWitt County case.
Why 18-Wheeler Accidents in DeWitt County Are Different
DeWitt County’s unique geography and economic landscape create specific risks when it comes to trucking accidents. The county is crisscrossed by major highways that serve as vital arteries for commercial freight, particularly for the oil and gas industry and agricultural products that are central to the region’s economy.
The intersection of U.S. Highway 87 and State Highway 72 in Cuero serves as a major hub for truck traffic, with vehicles moving between San Antonio, Victoria, and the Gulf Coast. The rural nature of much of DeWitt County means that trucks often travel at higher speeds on less congested roads, while the county’s agricultural activity creates seasonal variations in traffic patterns.
Moreover, DeWitt County’s position along the Eagle Ford Shale play has significantly increased truck traffic related to oil and gas operations. These specialized vehicles often carry hazardous materials, adding another layer of risk to our local roads.
The Devastating Reality of Trucking Accidents
When an 80,000-pound 18-wheeler collides with a passenger vehicle, the results are often catastrophic. The physics of these collisions create forces that simply overwhelm the safety features of smaller vehicles. In fact, occupants of passenger vehicles are 20-25 times more likely to die in a crash with a large truck than in a crash with another passenger vehicle.
In DeWitt County, we’ve seen firsthand how these accidents can change lives in an instant. The injuries sustained in trucking accidents are often severe and life-altering:
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Traumatic Brain Injuries (TBI): The violent forces involved in truck collisions can cause the brain to impact the inside of the skull, leading to cognitive impairments, memory loss, and personality changes that may last a lifetime.
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Spinal Cord Injuries and Paralysis: Damage to the spinal cord can result in partial or complete paralysis, fundamentally changing how victims live their lives and interact with their families.
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Amputations: The crushing forces involved in truck accidents can sever limbs at the scene or require surgical amputation due to severe damage.
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Severe Burns: Truck collisions often result in fires, particularly when fuel tanks are ruptured or hazardous materials are involved. These burns can require multiple surgeries and leave permanent disfigurement.
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Internal Organ Damage: The blunt force trauma from a truck collision can cause internal bleeding, organ rupture, and other life-threatening injuries that may not be immediately apparent.
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Wrongful Death: Tragically, many trucking accidents in DeWitt County result in fatalities. Families are left grieving while facing financial uncertainty about their future.
Common Causes of 18-Wheeler Accidents in DeWitt County
Understanding the causes of trucking accidents is crucial to building a strong case. In our experience handling DeWitt County trucking cases, we’ve identified several recurring factors:
Driver Fatigue: A Silent Killer on DeWitt County Roads
Fatigue is one of the most common and dangerous factors in trucking accidents. Federal regulations limit drivers to 11 hours of driving after 10 consecutive hours off duty, with a maximum 14-hour on-duty window. Despite these regulations, fatigue remains a persistent problem.
In DeWitt County, where drivers often traverse long stretches of highway between major cities, the temptation to push beyond legal limits is significant. The rural nature of many roads in the county can create a false sense of security, leading drivers to believe they can safely operate while fatigued.
How we prove fatigue:
- Electronic Logging Device (ELD) data showing hours of service violations
- Dispatch records revealing pressure to meet unrealistic schedules
- GPS data showing continuous driving without required breaks
- Driver logs (if paper logs are still used)
- Witness statements about erratic driving behavior
Distracted Driving: A Growing Threat
Distracted driving is a growing problem across all types of vehicles, but it’s particularly dangerous when it involves 80,000-pound trucks. In DeWitt County, where cell service can be spotty in rural areas, drivers may be tempted to check messages when they get a signal.
Federal regulations explicitly prohibit commercial drivers from using hand-held mobile phones while driving. Despite this, we’ve seen numerous cases where distracted driving played a role in accidents.
Common distractions we investigate:
- Texting or talking on hand-held phones
- Using GPS or navigation systems
- Eating or drinking while driving
- Adjusting in-cab entertainment systems
- Reading paperwork or maps
- Dispatch communications that require driver attention
Improper Maintenance: A Preventable Hazard
Trucking companies are required to maintain their vehicles in safe operating condition. However, the pressure to keep trucks on the road can lead to deferred maintenance and overlooked safety issues.
In DeWitt County, where trucks often travel long distances between maintenance facilities, the risk of mechanical failure is heightened. The county’s rural roads can also contribute to wear and tear on vehicles that may go unnoticed until it’s too late.
Common maintenance failures we see:
- Brake system deficiencies (worn pads, improper adjustment)
- Tire blowouts from worn or underinflated tires
- Steering component failures
- Lighting and visibility issues
- Coupling device failures
- Suspension system problems
Cargo Securement Failures: A Hidden Danger
Improperly secured cargo can shift during transit, causing trucks to become unstable and increasing the risk of rollovers or jackknife accidents. In DeWitt County, where agricultural products and oilfield equipment are frequently transported, cargo securement is particularly critical.
Federal regulations specify detailed requirements for cargo securement based on the type of cargo being transported. Violations of these regulations can provide strong evidence of negligence.
Cargo-related issues we investigate:
- Inadequate number of tiedowns
- Improperly rated tiedowns for the cargo weight
- Failure to use blocking or bracing
- Overloading beyond weight limits
- Improper load distribution
- Failure to cover or secure loose cargo
Hours of Service Violations: Putting Profit Over Safety
The Federal Motor Carrier Safety Administration (FMCSA) sets strict limits on how long commercial drivers can operate their vehicles. These “hours of service” regulations are designed to prevent fatigue-related accidents. However, trucking companies often pressure drivers to violate these rules to meet delivery deadlines.
In DeWitt County, where drivers may be hauling time-sensitive agricultural products or oilfield equipment, the pressure to violate hours of service regulations can be intense.
Common hours of service violations:
- Driving more than 11 hours after 10 consecutive hours off duty
- Driving beyond the 14-hour on-duty window
- Failing to take required 30-minute breaks
- Exceeding 60/70-hour weekly limits
- Inadequate use of the 34-hour restart provision
- Falsifying logbooks or ELD records
The Trucking Industry’s Playbook: What They Don’t Want You to Know
After an accident, trucking companies and their insurance providers spring into action with a well-rehearsed playbook designed to protect their interests, not yours. Here’s what they’re doing behind the scenes – and how we counter their tactics:
Rapid Response Teams
Within hours of an accident, trucking companies dispatch rapid response teams to the scene. These teams are not there to help you – they’re there to protect the company’s interests. They’ll take photographs, interview witnesses, and gather evidence in a way that minimizes the company’s liability.
Our counter-strategy:
We act immediately to preserve evidence before it can be altered or destroyed. Our team can be on the scene quickly to document the accident independently and ensure critical evidence is preserved.
Evidence Preservation (or Destruction)
Trucking companies know that certain evidence can be damning to their case. Black box data, ELD records, dashcam footage – all of this can provide objective evidence of what happened. They also know that this evidence can be overwritten or deleted if not preserved quickly.
Our counter-strategy:
We send spoliation letters immediately to demand preservation of all evidence. This legal notice puts the trucking company on notice that destroying evidence will have serious legal consequences.
Lowball Settlement Offers
Insurance adjusters are trained to make quick, lowball settlement offers before victims understand the full extent of their injuries. These offers are designed to close cases quickly and cheaply, often before victims have completed medical treatment or consulted with an attorney.
Our counter-strategy:
We never accept early settlement offers. We work with medical experts to fully understand your injuries and calculate the true value of your case, including future medical expenses and lost earning capacity.
Victim Blaming
Insurance companies will often try to shift blame to the victim. They’ll argue that you were speeding, distracted, or otherwise contributed to the accident. This tactic is designed to reduce their liability and your compensation.
Our counter-strategy:
We conduct thorough investigations to gather objective evidence of what happened. Black box data, witness statements, and accident reconstruction can all help establish the true cause of the accident.
Delay Tactics
Insurance companies know that the longer they can delay settlement, the more pressure victims will feel to accept a low offer. They’ll drag out the process, request unnecessary documentation, and create bureaucratic hurdles to wear you down.
Our counter-strategy:
We keep the pressure on insurance companies by aggressively pursuing your case. We’re prepared to file a lawsuit and take your case to trial if necessary to get you the compensation you deserve.
The Attorney911 Advantage: Why We’re Different
At Attorney911, we’ve built our practice around fighting for victims of trucking accidents. Here’s what sets us apart:
25+ Years of Experience
Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. With over 25 years of experience, he’s seen every tactic the trucking industry uses – and he knows how to counter them.
Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission is crucial for trucking cases, which often involve interstate commerce and federal regulations.
Insider Knowledge of Insurance Tactics
Our team includes former insurance defense attorneys who know exactly how insurance companies evaluate and minimize claims. This insider knowledge gives us a significant advantage in negotiating with insurance companies and presenting your case.
Proven Track Record
We’ve recovered millions of dollars for our clients, including multi-million dollar settlements in complex trucking cases. Our track record demonstrates our ability to take on large trucking companies and win.
Local Knowledge of DeWitt County
We understand DeWitt County’s roads, its industries, and its legal landscape. This local knowledge helps us build stronger cases for our clients.
Comprehensive Approach
We leave no stone unturned in investigating your case. From preserving black box data to analyzing maintenance records, we gather all the evidence needed to build a strong case on your behalf.
Compassionate Representation
We understand that you’re going through a difficult time. We treat our clients like family, providing the support and guidance you need throughout the legal process.
The Evidence That Wins Trucking Cases
Building a strong trucking accident case requires gathering and analyzing a wide range of evidence. At Attorney911, we know what evidence to look for and how to use it to build a compelling case:
Electronic Control Module (ECM) / Black Box Data
Modern commercial trucks are equipped with electronic control modules that record a wealth of data about the vehicle’s operation. This “black box” data can provide objective evidence of what happened in the moments leading up to an accident.
What ECM data can show:
- Vehicle speed before and during the crash
- Brake application (when and how hard)
- Throttle position
- Engine RPM
- Cruise control status
- Fault codes indicating mechanical issues
- GPS location and route history
Electronic Logging Device (ELD) Records
ELDs are federally mandated devices that record a driver’s hours of service. This data can prove whether a driver was fatigued at the time of the accident.
What ELD data can show:
- Driver’s on-duty and driving hours
- Compliance with hours of service regulations
- GPS location history
- Vehicle speed and movement
- Any attempts to tamper with or falsify records
Driver Qualification File
Federal regulations require trucking companies to maintain a qualification file for each driver. This file contains critical information about the driver’s background and qualifications.
What we look for in driver qualification files:
- Employment application and background check
- Driving record (MVR)
- Medical certification
- Drug and alcohol test results
- Training records
- Previous employer verification
- Any history of accidents or violations
Maintenance and Inspection Records
Trucking companies are required to maintain their vehicles in safe operating condition. Maintenance and inspection records can reveal whether the company was negligent in maintaining the vehicle.
What we look for in maintenance records:
- Regular inspection reports
- Records of repairs and maintenance
- Brake inspection and adjustment records
- Tire replacement and maintenance records
- Any history of out-of-service violations
- Documentation of pre-trip and post-trip inspections
Cargo Documentation
The way cargo is loaded and secured can significantly impact a truck’s stability and handling. Cargo documentation can reveal whether the cargo was properly secured and distributed.
What we look for in cargo documentation:
- Bill of lading
- Cargo manifest
- Loading instructions
- Securement procedures
- Weight distribution records
- Any special handling requirements
Cell Phone Records
Cell phone records can prove whether a driver was distracted at the time of the accident. We subpoena these records to establish whether the driver was texting, talking, or using apps while driving.
Dashcam and Surveillance Footage
Video evidence can provide a clear picture of what happened in an accident. We work to obtain all available footage from:
- Truck dashcams (forward-facing and cab-facing)
- Surveillance cameras from nearby businesses
- Traffic cameras
- Police dashcams or body cameras
Accident Reconstruction
In complex cases, we work with accident reconstruction experts to analyze the physical evidence and determine exactly what happened. This can include:
- Skid mark analysis
- Vehicle damage patterns
- Physics-based simulations
- Computer modeling of the accident
- Analysis of vehicle dynamics
Witness Statements
Eyewitness accounts can provide valuable information about what happened. We interview witnesses to gather their observations and preserve their testimony.
Medical Records
Medical records document the extent of your injuries and the treatment you’ve received. We work with medical experts to interpret these records and project your future medical needs.
Who Can Be Held Liable in a DeWitt County Trucking Accident?
One of the key differences between trucking accidents and regular car accidents is that multiple parties can be held liable for your injuries. At Attorney911, we investigate all potentially liable parties to ensure you can recover the full compensation you deserve:
The Truck Driver
The driver who caused the accident may be personally liable for their negligent conduct. This can include:
- Speeding or reckless driving
- Distracted driving (cell phone use, texting, etc.)
- Fatigued driving beyond legal limits
- Impaired driving (drugs or alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
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. They can be held liable under several legal theories:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not an independent contractor)
- The driver was acting within the scope of employment
- The driver was performing job duties when the accident occurred
Direct Negligence:
- Negligent Hiring: Failed to check the driver’s background, driving record, or qualifications
- Negligent Training: Provided inadequate training on safety, cargo securement, or hours of service
- Negligent Supervision: Failed to monitor driver performance or compliance with regulations
- Negligent Maintenance: Failed to maintain the vehicle in safe operating condition
- Negligent Scheduling: Pressured drivers to violate hours of service regulations
The Cargo Owner / Shipper
The company that owns the cargo and arranged for its shipment may be liable if:
- They provided improper loading instructions
- They failed to disclose the hazardous nature of the cargo
- They required overweight loading
- They pressured the carrier to expedite delivery beyond safe limits
- They misrepresented the cargo’s weight or characteristics
The Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for improper securement, including:
- Using an inadequate number of tiedowns
- Using improperly rated tiedowns for the cargo weight
- Failing to use blocking or bracing
- Creating an unbalanced load
- Exceeding vehicle weight ratings
- Failing to train loaders on securement requirements
The 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)
Parts Manufacturers
Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products, including:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
Maintenance Companies
Third-party maintenance companies that service trucking fleets may be liable for negligent repairs, including:
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or wrong parts
- Returning vehicles to service with known defects
Freight Brokers
Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection, including:
- Selecting carriers with poor safety records
- Failing to verify carrier insurance and authority
- Failing to check carrier CSA scores
- Selecting the cheapest carrier despite safety concerns
The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability, including:
- Negligent entrustment of the vehicle
- Failure to maintain owned equipment
- Knowledge of the driver’s unfitness
Government Entities
Federal, state, or local government may be liable in limited circumstances, including:
- 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
The Legal Process: What to Expect in Your DeWitt County Trucking Case
Navigating a trucking accident case can be complex, but we’re here to guide you through every step of the process. Here’s what you can expect:
Initial Consultation
We offer a free, no-obligation consultation to review your case. During this meeting, we’ll:
- Listen to your story and answer your questions
- Review the facts of your accident
- Explain your legal rights and options
- Discuss our fee structure (you pay nothing unless we win)
Investigation
Once you hire us, we immediately begin investigating your case:
- Evidence Preservation: We send spoliation letters to demand preservation of all evidence, including black box data, ELD records, and maintenance records.
- Scene Investigation: We visit the accident scene to document conditions and gather evidence.
- Witness Interviews: We interview witnesses to gather their observations.
- Expert Consultation: We consult with accident reconstruction experts, medical experts, and other specialists as needed.
Medical Treatment and Documentation
We work with your medical providers to:
- Ensure you receive appropriate treatment for your injuries
- Document the full extent of your injuries
- Project your future medical needs
- Calculate the cost of your medical care
Demand Letter
Once we’ve gathered sufficient evidence and you’ve reached maximum medical improvement, we send a demand letter to the insurance company. This letter:
- Outlines the facts of the accident
- Details your injuries and damages
- Presents our legal arguments
- Demands fair compensation for your losses
Negotiation
We negotiate aggressively with the insurance company to reach a fair settlement. Our goal is to resolve your case as quickly as possible while maximizing your compensation.
Litigation (If Necessary)
If we can’t reach a fair settlement through negotiation, we’re prepared to file a lawsuit and take your case to trial. This process includes:
- Filing the Complaint: We file a formal complaint with the court, outlining your legal claims.
- Discovery: Both sides exchange information through written questions (interrogatories), document requests, and depositions.
- Motions: We file motions to address legal issues and strengthen your case.
- Mediation: The court may order mediation, where a neutral third party helps facilitate settlement discussions.
- Trial: If necessary, we present your case to a jury and fight for the compensation you deserve.
Resolution
Most cases settle before trial, but we prepare every case as if it’s going to trial. This preparation gives us leverage in negotiations and ensures we’re ready to fight for you in court if necessary.
Damages You Can Recover in a DeWitt County Trucking Accident Case
In Texas, accident victims can recover several types of damages. At Attorney911, we work to ensure you receive full compensation for all your losses:
Economic Damages
These are the tangible, calculable losses you’ve suffered:
- Medical Expenses: Past, present, and future medical costs related to your injuries
- Lost Wages: Income lost due to time off work for recovery
- Lost Earning Capacity: Reduction in your ability to earn income in the future
- Property Damage: Repair or replacement of your vehicle and other damaged property
- Out-of-Pocket Expenses: Costs such as transportation to medical appointments, home modifications, and medical equipment
- Life Care Costs: Ongoing care and assistance you may need due to catastrophic injuries
Non-Economic Damages
These compensate you for the intangible impacts of your injuries:
- Pain and Suffering: Physical pain and discomfort caused by your injuries
- Mental Anguish: Psychological trauma, anxiety, depression, and emotional distress
- Loss of Enjoyment: Inability to participate in activities you previously enjoyed
- Disfigurement: Scarring, visible injuries, and other physical changes
- Loss of Consortium: Impact on your relationships with your spouse and family
- Physical Impairment: Reduced physical capabilities and limitations on daily activities
Punitive Damages
In cases involving gross negligence or willful misconduct, you may be entitled to punitive damages. These are designed to punish the wrongdoer and deter similar conduct in the future.
Examples of conduct that may warrant punitive damages:
- Falsifying hours of service records
- Knowingly operating with defective equipment
- Destroying evidence after an accident
- Engaging in a pattern of safety violations
- Pressuring drivers to violate safety regulations
The Statute of Limitations: Why Time Is Critical
In Texas, you have a limited time to file a lawsuit after a trucking accident. This time limit is known as the statute of limitations.
- Personal Injury: 2 years from the date of the accident
- Wrongful Death: 2 years from the date of death
- Property Damage: 2 years from the date of the accident
While two years may seem like a long time, it’s important to act quickly. Evidence can disappear, memories can fade, and witnesses can become difficult to locate. The sooner you contact an attorney, the stronger your case will be.
Why Choose Attorney911 for Your DeWitt County Trucking Case
When you’re facing the aftermath of a trucking accident, you need an attorney who understands the complexities of these cases and has the resources to fight for you. Here’s why Attorney911 is the right choice for your DeWitt County case:
Local Knowledge
We understand DeWitt County’s roads, its industries, and its legal landscape. This local knowledge helps us build stronger cases for our clients.
Proven Track Record
We’ve recovered millions of dollars for our clients, including multi-million dollar settlements in complex trucking cases. Our track record demonstrates our ability to take on large trucking companies and win.
Comprehensive Approach
We leave no stone unturned in investigating your case. From preserving black box data to analyzing maintenance records, we gather all the evidence needed to build a strong case on your behalf.
Compassionate Representation
We understand that you’re going through a difficult time. We treat our clients like family, providing the support and guidance you need throughout the legal process.
No Fee Unless We Win
We work on a contingency fee basis, which means you pay nothing unless we win your case. This arrangement ensures that everyone has access to quality legal representation, regardless of their financial situation.
24/7 Availability
Trucking accidents don’t happen on a 9-to-5 schedule, and neither do we. We’re available 24/7 to answer your questions and provide the support you need.
Common Questions About DeWitt County Trucking Accidents
What should I do immediately after an 18-wheeler accident in DeWitt County?
If you’ve been involved in a trucking accident in DeWitt County, take these steps immediately if you’re able:
- Call 911: Report the accident and request medical assistance.
- Seek Medical Attention: Even if you feel fine, get checked out by a medical professional. Some injuries may not be immediately apparent.
- Document the Scene: Take photos and videos of the accident scene, vehicle damage, road conditions, and your injuries.
- Get Information: Collect the truck driver’s name, contact information, CDL number, and insurance details. Also get the name and DOT number of the trucking company.
- Collect Witness Information: Get names and contact information for any witnesses to the accident.
- Don’t Give Statements: Do not give recorded statements to any insurance company without consulting an attorney.
- Contact an Attorney: Call Attorney911 immediately to protect your rights and preserve evidence.
Should I go to the hospital after a truck accident even if I feel okay?
Yes, absolutely. Adrenaline can mask pain and symptoms after a traumatic accident. Many serious injuries, such as traumatic brain injuries and internal bleeding, may not show symptoms immediately.
Seeking medical attention serves two critical purposes:
- Protecting Your Health: Early diagnosis and treatment can prevent injuries from worsening.
- Protecting Your Legal Rights: Medical records create documentation of your injuries and link them to the accident. This documentation is crucial for your legal case.
What information should I collect at the truck accident scene?
Document everything possible:
- Truck and trailer license plates
- DOT number (on the truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact information
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, and 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 to insurance adjusters. They work for the trucking company, not for 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. We’ll handle all communications with the insurance company on your behalf.
How quickly should I contact an 18-wheeler accident attorney in DeWitt 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.
Who can I sue after an 18-wheeler accident in DeWitt 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 the 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 as long as you were not more than 50% at fault. Your recovery will be reduced by your percentage of fault.
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 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 an airplane’s black box 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 and can be crucial in proving negligence.
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, which can be a powerful legal claim.
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 DeWitt 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 DeWitt 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.
What if my loved one was killed in a trucking accident in DeWitt 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.
How long do I have to file an 18-wheeler accident lawsuit in DeWitt 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.
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.
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.
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.
Don’t Wait – Contact Attorney911 Today
If you or a loved one has been injured in an 18-wheeler accident in DeWitt County, time is of the essence. Evidence is disappearing, memories are fading, and the trucking company is already working to protect their interests.
At Attorney911, we’re ready to fight for you. With over 25 years of experience, a proven track record of success, and a commitment to treating our clients like family, we have what it takes to get you the compensation you deserve.
Call us today at 1-888-ATTY-911 for a free, no-obligation consultation. We’re available 24/7 to answer your questions and help you understand your legal options.
Remember, you pay nothing unless we win your case. Don’t let the trucking company take advantage of you – contact Attorney911 and let us fight for you.