18-Wheeler Accidents in Hemphill County: Your Guide to Justice and Recovery
If you or a loved one has been involved in an 18-wheeler accident in Hemphill County, you’re facing one of the most challenging experiences of your life. The physical injuries, emotional trauma, and financial burdens can feel overwhelming. 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 Hemphill County case.
Why 18-Wheeler Accidents in Hemphill County Are Different
Hemphill County’s unique geography and trucking corridors create specific risks that differ from other parts of Texas. The area’s mix of rural highways, agricultural traffic, and oil field activity means you’re more likely to encounter:
- Long-haul trucks traveling extended distances with fatigued drivers
- Oversized loads from agricultural and oil field equipment
- Hazardous material transport through our county’s roads
- Seasonal traffic patterns that increase congestion and risk
- Limited emergency response in rural areas that can delay critical care
Unlike typical car accidents, 18-wheeler crashes in Hemphill County often involve complex legal issues, multiple liable parties, and specialized federal regulations that govern commercial trucking.
The Devastating Impact of Trucking Accidents in Hemphill County
The sheer size and weight of commercial trucks make accidents particularly catastrophic. A fully loaded 18-wheeler can weigh up to 80,000 pounds – that’s 20 to 25 times heavier than the average passenger vehicle. When these massive vehicles collide with smaller cars, the results are often devastating:
Common catastrophic injuries we see in Hemphill County trucking accidents:
- Traumatic brain injuries (TBI) that can cause permanent cognitive impairment
- Spinal cord injuries resulting in partial or complete paralysis
- Amputations and crush injuries from underride collisions
- Severe burns from fuel tank ruptures or hazardous material spills
- Internal organ damage and life-threatening bleeding
- Wrongful death of accident victims
These injuries don’t just cause physical pain – they change lives forever. Many victims face years of medical treatment, inability to work, and permanent disability. That’s why it’s so important to have an experienced Hemphill County trucking accident attorney fighting for your rights.
Why You Need a Hemphill County 18-Wheeler Accident Attorney
After a trucking accident in Hemphill County, the trucking company and their insurance team will be working hard to protect their interests – not yours. They have rapid-response investigators, legal teams, and experienced adjusters who know how to minimize claims. You need someone on your side who knows their tactics and can fight back.
At Attorney911, we offer:
- 25+ years of experience handling trucking accident cases in Texas
- Insider knowledge from our former insurance defense attorney, Lupe Peña
- Federal court experience in the Southern District of Texas
- Multi-million dollar results for trucking accident victims
- Compassionate representation that treats you like family
- Fluent Spanish services to serve our diverse community
- 24/7 availability – we answer calls immediately
The Most Dangerous Trucking Accident Types in Hemphill County
Hemphill County’s highways see several types of particularly dangerous trucking accidents:
Jackknife Accidents on Hemphill County Highways
Jackknife accidents occur when a truck’s trailer swings out to form a 90-degree angle with the cab, often blocking multiple lanes. These are especially dangerous on Hemphill County’s rural highways where emergency response may be delayed.
Common causes in our area:
- Sudden braking on wet or icy roads
- Speeding on curves along US-60 or US-83
- Empty or lightly loaded trailers that are more prone to swing
- Brake failures on long downgrades
- Improperly secured cargo that shifts during transport
Underride Collisions – Hemphill County’s Silent Killer
Underride accidents are among the most deadly trucking crashes, occurring when a smaller vehicle slides underneath the trailer of an 18-wheeler. The trailer’s height often shears off the top of the passenger vehicle, resulting in catastrophic head and neck injuries or decapitation.
Hemphill County underride risks:
- Rear underride: When a truck stops suddenly and a vehicle behind slides underneath
- Side underride: When a truck turns across traffic and vehicles impact the trailer side
- Missing or inadequate underride guards on older trailers
- Low visibility conditions common in our rural areas
- Improper lighting on trucks traveling at night
Rollover Accidents on Hemphill County’s Rural Roads
Rollover accidents occur when a truck tips onto its side or roof, often causing cargo spills and multi-vehicle pileups. These are particularly dangerous when transporting hazardous materials.
Hemphill County rollover risk factors:
- Speeding on rural curves and ramps
- Top-heavy loads from agricultural equipment
- Improperly secured cargo that shifts during transport
- Driver overcorrection after running off the road
- Fatigued driving on long hauls through our county
Tire Blowouts – A Common Danger on Hemphill County Roads
Tire blowouts are a significant hazard in our area, where trucks travel long distances across rural highways. When a tire fails at high speed, the driver can lose control, and debris can strike other vehicles.
Why tire blowouts are common in Hemphill County:
- Extreme temperature variations that stress tire rubber
- Long distances between service stations on rural routes
- Poor road conditions with debris and potholes
- Overloaded trucks exceeding tire capacity
- Deferred maintenance to save costs
- Manufacturing defects in tires
Brake Failures – Preventable Tragedies on Hemphill County Highways
Brake failures are a leading cause of trucking accidents, responsible for nearly 30% of all large truck crashes. When an 80,000-pound truck can’t stop, the results are often catastrophic.
Common brake failure causes in our area:
- Worn brake pads not replaced during maintenance
- Improper brake adjustments that reduce stopping power
- Air brake system leaks that cause gradual failure
- Overheated brakes on long downgrades
- Contaminated brake fluid from moisture or debris
- Defective brake components from manufacturers
The Trucking Companies Operating in Hemphill County
Hemphill County sees truck traffic from major national carriers as well as regional and local operators. Some of the trucking companies we’ve successfully litigated against include:
- National carriers like Swift Transportation, Werner Enterprises, and Heartland Express
- Oil field service companies transporting equipment to and from energy sites
- Agricultural haulers moving crops, livestock, and farm equipment
- Hazardous material transporters carrying fuel, chemicals, and other dangerous cargo
- Local delivery companies serving businesses in Canadian and other Hemphill County communities
These companies have deep pockets and experienced legal teams. You need an attorney who knows how to hold them accountable.
FMCSA Regulations: The Key to Proving Negligence in Hemphill County
The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations that all commercial trucking companies must follow. When trucking companies violate these rules, they create dangerous conditions that lead to accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation for your injuries.
Hours of Service Violations – Hemphill County’s Fatigue Problem
FMCSA’s hours of service (HOS) regulations are designed to prevent driver fatigue, which causes approximately 31% of fatal truck crashes. These rules limit how long drivers can operate their vehicles:
- 11-hour driving limit: Drivers cannot drive more than 11 hours after 10 consecutive hours off duty
- 14-hour duty window: Drivers cannot drive beyond the 14th consecutive hour after coming on duty
- 30-minute break requirement: Drivers must take a 30-minute break after 8 cumulative hours of driving
- 60/70-hour weekly limits: Drivers cannot exceed 60 hours of driving in 7 days or 70 hours in 8 days
- 34-hour restart: Drivers can reset their weekly clock with 34 consecutive hours off duty
Why HOS violations are common in Hemphill County:
- Pressure to meet delivery deadlines for time-sensitive agricultural and oil field shipments
- Long distances between rest stops on rural highways
- Inadequate parking for trucks to take required breaks
- Falsified logbooks to hide violations
- Dispatch pressure to keep driving despite fatigue
Electronic Logging Devices: The Truth-Tellers of Trucking
Since December 2017, most commercial trucks have been required to use Electronic Logging Devices (ELDs) that automatically record driving time. These devices provide objective evidence of HOS compliance – or violations.
What ELD data can prove in your Hemphill County case:
- Exactly how long the driver was on duty before the accident
- Whether required breaks were taken as mandated by law
- The truck’s speed before and during the crash
- GPS location history showing the route taken
- Any attempts to tamper with the device
This data is critical evidence in your case, but it can be overwritten or deleted. That’s why we send spoliation letters immediately to preserve this information before it’s lost forever.
Driver Qualification Standards: The Foundation of Safety
FMCSA requires trucking companies to maintain Driver Qualification (DQ) Files for every driver, containing:
- Employment application and background check
- Driving record from state licensing authorities
- Road test certificate or equivalent
- Medical examiner’s certificate
- Annual driving record review
- Previous employer inquiries
- Drug and alcohol test results
How DQ file violations create liability:
- Negligent hiring: Hiring drivers with poor safety records
- Inadequate training: Failing to properly train drivers
- Lack of supervision: Not monitoring driver performance
- Medical disqualifications: Allowing drivers with medical conditions to operate
- Drug/alcohol violations: Hiring drivers with substance abuse histories
We subpoena these records in every Hemphill County trucking accident case to identify violations and build your claim.
Vehicle Maintenance: The Hidden Danger in Hemphill County Trucking
Proper vehicle maintenance is crucial for safety, yet maintenance violations are among the most common FMCSA violations. Trucking companies must systematically inspect, repair, and maintain all vehicles under their control.
Common maintenance violations we find in Hemphill County cases:
- Brake system deficiencies (worn pads, improper adjustments, leaks)
- Tire failures (underinflation, excessive wear, mismatched tires)
- Lighting problems (non-functioning headlights, brake lights, turn signals)
- Steering system failures (loose components, power steering leaks)
- Coupling device defects (fifth wheel failures, kingpin problems)
- Suspension system issues (broken springs, worn bushings)
When we investigate a Hemphill County trucking accident, we obtain all maintenance records to identify any deferred maintenance or known defects that contributed to the crash.
The 48-Hour Evidence Preservation Protocol for Hemphill County Accidents
In trucking accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
Why Time is Critical in Hemphill County Trucking Cases
| 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 First Line of Defense
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.
What we demand in our Hemphill County spoliation letters:
- Electronic Data: ECM/Black Box data, ELD records, GPS/telematics data, dashcam footage, dispatch communications, cell phone records
- Driver Records: Complete Driver Qualification File, employment application, driving record, medical certification, drug/alcohol test results, training records
- Vehicle Records: Maintenance and repair records, inspection reports, out-of-service orders, tire records, brake inspection records
- Company Records: Hours of service records, dispatch logs, trip records, safety policies, training curricula
- Physical Evidence: The truck and trailer themselves, failed components, cargo and securement devices, tire remnants
When we send it: IMMEDIATELY – within 24-48 hours of being retained. We don’t wait because evidence disappears quickly.
ECM/Black Box Data: The Objective Truth in Your Case
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks. This data can be the key to proving what really happened in your Hemphill County accident.
Critical data points from ECM/Black Box systems:
- 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
- Fault codes: May reveal known mechanical issues driver ignored
This objective data often contradicts what drivers claim happened, which is why trucking companies sometimes try to destroy it. That’s why we act fast to preserve this evidence.
All Parties We Hold Accountable in Hemphill County Trucking Cases
Unlike car accidents where usually only one driver is at fault, trucking accidents often involve multiple parties who all contributed to the dangerous conditions that caused the crash. We investigate every possible defendant to maximize your recovery.
The Truck Driver: First Line of Liability
The driver who caused the accident may be personally liable for their negligent conduct, including:
- Speeding or reckless driving
- Distracted driving (cell phone use, texting, dispatch communications)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
- Failure to yield, improper lane changes, running red lights
The Trucking Company: Where the Deepest Pockets Are
The trucking company is often the most important defendant because they have the deepest pockets (highest insurance limits) and the most responsibility for safety.
Bases for trucking company liability:
- Vicarious liability: The driver was an employee acting within the scope of employment
- Negligent hiring: Failed to check driver’s background, driving record, or qualifications
- Negligent training: Inadequate training on safety, cargo securement, or hours of service
- Negligent supervision: Failed to monitor driver performance or compliance
- Negligent maintenance: Failed to maintain vehicle in safe condition
- Negligent scheduling: Pressured drivers to violate HOS regulations
Evidence we pursue from trucking companies:
- Driver Qualification Files
- Hiring policies and background check procedures
- Training records and curricula
- Supervision and monitoring practices
- Dispatch records showing schedule pressure
- Safety culture documentation
- Previous accident/violation history
- CSA (Compliance, Safety, Accountability) scores
Cargo Owners and Shippers: The Hidden Liability
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 carriers to expedite beyond safe limits
- Misrepresenting cargo weight or characteristics
Cargo Loading Companies: The Securement Specialists
Third-party loading companies that physically load cargo onto trucks may be liable for:
- Improper cargo securement (FMCSA violations)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, or tiedowns
- Not training loaders on securement requirements
Truck and Trailer Manufacturers: Product Liability
The companies 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 like faulty welds or component failures
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
Parts Manufacturers: Component Failures
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: Negligent Repairs
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: Negligent Carrier Selection
Freight brokers who arrange transportation but don’t own trucks may be liable for:
- Negligent selection of carriers with poor safety records
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
- Selecting cheapest carrier despite safety concerns
Government Entities: Road Design Defects
Federal, state, or local government may be liable in limited circumstances for:
- Dangerous road design that contributed to the accident
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
Special considerations for Hemphill County:
- Sovereign immunity limits government liability
- Strict notice requirements and short deadlines apply
- Must prove actual notice of dangerous condition in many cases
Catastrophic Injuries Common in Hemphill County Trucking Accidents
The massive size and weight disparity between 18-wheelers and passenger vehicles make trucking accidents particularly devastating. The injuries we see in Hemphill County cases are often life-changing.
Traumatic Brain Injury (TBI): The Invisible Epidemic
TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull.
Severity levels and their impact:
| Level | Symptoms | Prognosis |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief loss of consciousness | Usually recovers, but may have lasting effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
Common TBI symptoms in Hemphill County trucking accident victims:
- Persistent headaches and dizziness
- Memory loss and confusion
- Difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Lifetime care costs: $85,000 to $3,000,000+ depending on severity
Spinal Cord Injury: The Road to Paralysis
Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.
Types of paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable – may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Level of injury matters:
- Higher injuries (cervical spine) affect more body functions
- C1-C4 injuries may require ventilator for breathing
- Lower injuries (lumbar) affect legs but not arms
Lifetime care costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
Amputation: The Permanent Loss
Amputations occur when limbs are severed at the scene or must be surgically removed due to severe damage.
Common in Hemphill County trucking accidents due to:
- Crushing forces from truck impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Ongoing medical needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
Impact on life:
- Permanent disability
- Career limitations or total disability
- Phantom limb pain
- Body image and psychological trauma
- Need for home modifications
- Dependency on others for daily activities
Severe Burns: The Painful Recovery
Burns in Hemphill County trucking accidents often 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
Burn classification and treatment:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Long-term consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage: The Silent Killer
Internal injuries may not show immediate symptoms but can be life-threatening.
Common internal injuries in Hemphill County trucking accidents:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Why these injuries are dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Require emergency surgery
- Organ removal affects long-term health
Wrongful Death: The Ultimate Tragedy
When a trucking accident kills a loved one, Hemphill County law allows surviving family members to recover compensation through wrongful death claims.
Who can bring a wrongful death claim in Texas:
- Surviving spouse
- Children (minor and adult)
- Parents (especially if no spouse or children)
- Estate representative
Types of damages available:
- Wrongful Death Action: Compensation for survivors’ losses
- Survival Action: Compensation for decedent’s pain/suffering before death
Damages recoverable:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses before death
- Pain and suffering experienced by decedent before death
- Punitive damages (in cases of gross negligence)
Commercial Truck Insurance: The Deep Pockets in Hemphill County Cases
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
FMCSA Minimum Insurance Requirements
| Cargo Type | Minimum Coverage |
|---|---|
| Non-Hazardous Freight (10,001+ lbs GVWR) | $750,000 |
| Oil/Petroleum (10,001+ lbs GVWR) | $1,000,000 |
| Large Equipment (10,001+ lbs GVWR) | $1,000,000 |
| Hazardous Materials (All) | $5,000,000 |
| Passengers (16+ passengers) | $5,000,000 |
| Passengers (15 or fewer) | $1,500,000 |
Why this matters for your Hemphill County case:
Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available – and often much more. Many carriers carry $1-5 million or more in coverage. This higher coverage means your catastrophic injuries can actually be compensated, rather than leaving you with unpaid medical bills.
Types of Damages Recoverable in Hemphill County Trucking Cases
Economic Damages (Calculable Losses):
- Medical expenses (past, present, and future)
- Lost wages (income lost due to injury and recovery)
- Lost earning capacity (reduction in future earning ability)
- Property damage (vehicle repair or replacement)
- Out-of-pocket expenses (transportation to medical appointments, home modifications)
- Life care costs (ongoing care for catastrophic injuries)
Non-Economic Damages (Quality of Life):
- Pain and suffering (physical pain from injuries)
- Mental anguish (psychological trauma, anxiety, depression)
- Loss of enjoyment (inability to participate in activities)
- Disfigurement (scarring, visible injuries)
- Loss of consortium (impact on marriage/family relationships)
- Physical impairment (reduced physical capabilities)
Punitive Damages (Punishment for Gross Negligence):
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
Nuclear Verdicts: What’s Possible in Hemphill County Trucking Cases
Recent years have seen unprecedented jury verdicts against trucking companies, with awards reaching hundreds of millions of dollars. These “nuclear verdicts” demonstrate what’s possible when trucking companies are held fully accountable.
Recent Major Trucking Verdicts (2024-2025):
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $462 Million | 2024 | St. Louis, MO | Underride accident resulting in decapitation |
| $160 Million | 2024 | Alabama | Rollover accident leaving driver quadriplegic |
| $141.5 Million | 2024 | Florida | Defunct carrier crash |
| $90 Million | — | Houston, TX | Truck driver burned in explosion |
| $37.5 Million | 2024 | Texas | Trucking verdict for catastrophic injuries |
| $35.5 Million | — | Texas | Family injured in truck accident |
| $35 Million | 2025 | Fort Worth, TX | Largest verdict in Tarrant County history |
Historic Landmark Verdicts:
| Amount | Year | Case Details |
|---|---|---|
| $1 Billion | 2021 | Florida |
| $411 Million | 2020 | Florida |
Why nuclear verdicts happen in trucking cases:
Juries award massive verdicts when they find:
- Trucking company knowingly hired dangerous drivers
- Company ignored safety violations for profit
- Evidence was destroyed (spoliation)
- Falsified hours-of-service logs
- Pattern of similar violations
- Corporate culture prioritizing profit over safety
- Egregious disregard for human life
What this means for your Hemphill County case:
These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages – which strengthens settlement negotiations for all trucking accident victims.
The Attorney911 Difference: Why Choose Us for Your Hemphill County Case
When you’re facing the aftermath of a catastrophic trucking accident in Hemphill County, you need more than just a lawyer – you need a team of experienced advocates who will fight for your rights. Here’s what sets Attorney911 apart:
25+ Years of Trucking Litigation Experience
Our managing partner, Ralph Manginello, has been fighting for trucking accident victims since 1998. With over 25 years of experience, we’ve handled cases against some of the largest trucking companies in America, including:
- Walmart trucking operations
- Coca-Cola distribution vehicles
- Amazon delivery trucks
- FedEx trucks
- UPS trucks
- Numerous commercial trucking companies
Federal Court Experience for Interstate Trucking Cases
We’re admitted to practice in the U.S. District Court, Southern District of Texas – critical for interstate trucking cases that often involve federal regulations. This experience allows us to handle cases that cross state lines and involve complex jurisdictional issues.
The Insurance Defense Advantage
Our team includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. This gives us insider knowledge of exactly how insurance companies:
- Evaluate claims
- Train their adjusters
- Minimize payouts
- Deny legitimate claims
Now he uses that knowledge to fight FOR accident victims, not against them.
Multi-Million Dollar Results for Hemphill County Families
We’ve recovered millions of dollars for trucking accident victims across Texas, including:
- $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
Fluent Spanish Services for Our Diverse Community
Hemphill County has a diverse population, and we’re committed to serving all members of our community. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español.
24/7 Emergency Legal Help
Trucking accidents don’t happen on a schedule. That’s why we’re available 24 hours a day, 7 days a week to answer your call and begin protecting your rights immediately.
Contingency Fee Representation – No Win, No Fee
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.
What to Do After an 18-Wheeler Accident in Hemphill County
If you’ve been involved in a trucking accident in Hemphill County, your actions in the first hours and days can make or break your case. Here’s what you should do:
Immediate Steps (First 24 Hours)
-
Call 911 and report the accident
- Request police and emergency medical services
- Report all injuries, even if they seem minor
-
Seek medical attention immediately
- Adrenaline masks pain after traumatic accidents
- Internal injuries may not show symptoms right away
- Delaying treatment gives insurance companies ammunition to deny your claim
-
Document the scene if you’re able
- Take photos of all vehicle damage (inside and out)
- Photograph the accident scene, road conditions, skid marks
- Take pictures of your injuries
- Document weather and lighting conditions
-
Collect critical information
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Witness names and phone numbers
- Responding officer’s name and badge number
-
Do NOT give recorded statements to insurance companies
- 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 their tactics
-
Call Attorney911 immediately
- Critical evidence disappears quickly
- We send spoliation letters within hours to preserve evidence
- The sooner you call, the stronger your case will be
Next Steps (First Week)
-
Follow all medical advice
- Attend all follow-up appointments
- Follow treatment plans completely
- Keep records of all medical visits and expenses
-
Document everything
- Keep a journal of your pain levels and symptoms
- Track how your injuries affect daily activities
- Save all medical bills and receipts
- Document time missed from work
-
Avoid social media
- Insurance companies will use your posts against you
- Even innocent photos can be misinterpreted
- Stay off social media until your case is resolved
-
Let us handle all communications
- Direct all insurance adjusters to your attorney
- Do not discuss your case with anyone except your legal team
- Do not sign anything without consulting us
The Legal Process for Hemphill County Trucking Accident Cases
Understanding what to expect can help reduce the stress of pursuing your claim. Here’s an overview of the legal process:
Step 1: Free Consultation
- We evaluate your case at no cost
- Explain your legal rights and options
- Answer all your questions
- Available 24/7 – call 1-888-ATTY-911
Step 2: Case Acceptance
- If we take your case, we begin immediately
- Send spoliation letters to preserve evidence
- Begin investigation and evidence gathering
Step 3: Investigation
- Obtain police report and accident reconstruction
- Subpoena ECM/Black Box data
- Request ELD records
- Obtain Driver Qualification File
- Secure maintenance records
- Interview witnesses
- Consult with accident reconstruction experts
Step 4: Medical Care Coordination
- Help you get necessary medical treatment
- Work with doctors to document your injuries
- Ensure proper diagnosis and treatment plan
Step 5: Demand Letter
- Prepare comprehensive demand package
- Calculate all economic and non-economic damages
- Send formal demand to insurance company
Step 6: Negotiation
- Engage in settlement discussions
- Reject lowball offers
- Prepare for trial if necessary
Step 7: Litigation (if needed)
- File lawsuit before statute of limitations expires
- Conduct discovery (depositions, document requests)
- Prepare case for trial
Step 8: Resolution
- Majority of cases settle before trial
- If necessary, we take your case to verdict
- Ensure you receive maximum compensation
Frequently Asked Questions About Hemphill County Trucking Accidents
What should I do immediately after an 18-wheeler accident in Hemphill County?
If you’ve been in a trucking accident in Hemphill 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. Hemphill County hospitals and clinics 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?
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 Hemphill 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 formal 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 Hemphill 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 duty
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
- 34-hour restart to reset weekly clock
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
- Unqualified drivers (no valid CDL or medical certificate)
- Drug/alcohol violations
- Mobile phone use while driving
- Failure to inspect vehicles
- Improper lighting
- Negligent hiring
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 Hemphill 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 Hemphill 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 Hemphill 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 Hemphill 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.
Why Hemphill County Trucking Accident Victims Choose Attorney911
When you’re facing the aftermath of a catastrophic trucking accident in Hemphill County, you need a law firm that combines local knowledge with national experience. Here’s why so many Hemphill County families trust Attorney911:
We Know Hemphill County’s Trucking Corridors
We understand the unique risks of our area’s highways, including:
- US-60: A major east-west route that sees heavy truck traffic, including agricultural and oil field equipment
- US-83: A north-south corridor that connects to I-40 and sees long-haul truck traffic
- SH-33: A rural highway that serves local farms and ranches
- FM 277: Connects to oil field operations in the area
We know where accidents are most likely to occur and what factors contribute to them.
We Understand Local Courts and Judges
Our experience