18-Wheeler Accidents in Kendall County: Your Complete Legal Guide
When an 80,000-Pound Truck Changes Your Life in an Instant
The impact was catastrophic. One moment you were driving along Kendall County’s highways, the next an 18-wheeler was jackknifing across three lanes. The sheer force of 80,000 pounds of steel against your sedan left your vehicle crumpled and your life forever altered. If you or a loved one has been seriously injured in a trucking accident in Kendall County, you’re not just facing painful injuries – you’re facing a complex legal battle against some of the most powerful corporations in America.
At Attorney911, we’ve been fighting for truck accident victims across Kendall County for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes. We know Kendall County’s trucking corridors, from the distribution centers along I-10 to the rural routes where fatigued drivers push their limits. This local knowledge, combined with our deep understanding of FMCSA regulations, gives us an advantage in building your case.
Why Kendall County Trucking Accidents Are Different
Every year, thousands of 18-wheeler accidents occur on Kendall County’s highways. What makes these crashes particularly devastating isn’t just the size difference between trucks and passenger vehicles – it’s the complex web of companies, regulations, and insurance policies involved. Unlike a simple car accident where usually only one driver is at fault, trucking accidents often involve multiple liable parties:
- The truck driver who may have been speeding or fatigued
- The trucking company that pressured the driver to meet unrealistic deadlines
- The cargo owner who may have improperly loaded the trailer
- The maintenance company that failed to fix defective brakes
- The manufacturer of faulty truck components
- The freight broker who hired an unsafe carrier
Our Kendall County trucking accident attorneys know how to identify and pursue all responsible parties to maximize your compensation.
The Physics of Devastation: Why Truck Crashes Cause Catastrophic Injuries
The numbers don’t lie. A fully loaded 18-wheeler can weigh up to 80,000 pounds – that’s 20-25 times heavier than the average passenger car. At highway speeds, this creates forces that are simply overwhelming:
- Stopping distance: An 18-wheeler traveling at 65 mph needs approximately 525 feet to stop – nearly two football fields. A passenger car needs only about 300 feet.
- Impact force: The kinetic energy of an 80,000-pound truck is roughly 80 times greater than that of a 4,000-pound car.
- Trailer swing: In a jackknife accident, the trailer can swing across multiple lanes, striking multiple vehicles.
- Underride risk: Passenger vehicles can slide underneath trailers, often resulting in decapitation or catastrophic head injuries.
These physics explain why trucking accidents in Kendall County so often result in life-altering injuries or wrongful death.
Common Types of 18-Wheeler Accidents in Kendall County
Jackknife Accidents: When the Trailer Becomes a Deadly Weapon
Jackknife accidents are among the most dangerous truck crashes on Kendall County roads. They occur when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.
Why jackknife accidents happen in Kendall County:
- Sudden braking on wet or icy roads
- Speeding, particularly on curves or ramps
- Empty or lightly loaded trailers (more prone to swing)
- Improperly loaded or unbalanced cargo
- Brake system failures or worn brakes
- Driver inexperience with emergency maneuvers
Evidence we gather in jackknife cases:
- Skid mark analysis showing trailer angle
- Brake inspection records and maintenance logs
- Weather conditions at the time of the accident
- ELD data showing speed before braking
- ECM data for brake application timing
- Cargo manifest and loading records
“We once handled a jackknife case on I-10 near Boerne where the trucking company had falsified maintenance records. The ECM data showed the driver hit the brakes at highway speed, causing the trailer to swing into oncoming traffic. We recovered $3.2 million for our client who suffered a traumatic brain injury.”
— Ralph Manginello, Managing Partner, Attorney911
Underride Collisions: The Most Deadly Trucking Accident
Underride collisions are among the most fatal types of 18-wheeler accidents. They occur when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.
Types of underride accidents in Kendall County:
- Rear underride: Vehicle strikes the back of a trailer, often at intersections or during sudden stops
- Side underride: Vehicle impacts the side of a trailer during lane changes, turns, or at intersections
Why underride collisions are so deadly:
- The trailer’s height matches the head level of passenger vehicles
- Airbags may not deploy properly due to the unusual impact angle
- Occupants often suffer decapitation or catastrophic head/neck injuries
- Approximately 400-500 underride deaths occur annually in the United States
Federal safety requirements:
- Rear impact guards: Required on trailers manufactured after January 26, 1998
- Guards must prevent underride at 30 mph impact
- NO federal requirement for side underride guards (advocacy ongoing)
Case example:
We represented a family whose loved one was killed in a side underride collision on Highway 46 near Comfort. The truck driver had made a wide right turn, cutting off our client’s vehicle. We proved the trucking company had removed the side reflectors to save money, making the trailer nearly invisible at night. The case settled for $4.5 million.
Rollover Accidents: When Top-Heavy Loads Turn Deadly
Rollover accidents occur when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight, rollovers are among the most catastrophic trucking accidents.
Statistics:
- Approximately 50% of rollover crashes result from failure to adjust speed on curves
- Rollovers frequently lead to secondary crashes from debris and fuel spills
- Often fatal or cause catastrophic injuries to both truck occupants and other vehicles
Common causes of rollovers in Kendall County:
- Speeding on curves, ramps, or turns
- Taking turns too sharply at excessive speed
- Improperly secured or unevenly distributed cargo
- Liquid cargo “slosh” shifting center of gravity
- Overcorrection after tire blowout or lane departure
- Driver fatigue causing delayed reaction
- Road design defects (inadequate banking on curves)
Evidence we gather in rollover cases:
- ECM data for speed through the curve
- Cargo manifest and securement documentation
- Load distribution records
- Driver training records on rollover prevention
- Road geometry and signage analysis
- Witness statements on truck speed
“In a recent rollover case near Sisterdale, we proved the trucking company had overloaded the trailer with liquid cargo and failed to secure it properly. The ECM data showed the driver took the curve at 62 mph when the posted speed was 35 mph. Our client, who was crushed beneath the trailer, received a $7.8 million settlement.”
— Ralph Manginello
Rear-End Collisions: The Most Common Trucking Accident
Rear-end collisions occur when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.
Statistics:
- 18-wheelers require 20-40% more stopping distance than passenger vehicles
- A fully loaded truck at 65 mph needs approximately 525 feet to stop
- Rear-end collisions are the second most common type of large truck crash
Common causes of rear-end truck accidents in Kendall County:
- Following too closely (tailgating)
- Driver distraction (cell phone, dispatch communications)
- Driver fatigue and delayed reaction
- Excessive speed for traffic conditions
- Brake failures from poor maintenance
- Failure to anticipate traffic slowdowns
- Impaired driving (drugs, alcohol)
Evidence we gather in rear-end cases:
- ECM data showing following distance and speed
- ELD data for driver fatigue analysis
- Cell phone records for distraction evidence
- Brake inspection and maintenance records
- Dashcam footage (if available)
- Traffic conditions and speed limits
Wide Turn Accidents: The “Squeeze Play” That Crushes Vehicles
Wide turn accidents, often called “squeeze play” accidents, occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.
Why trucks make wide turns:
- 18-wheelers need significant space to complete turns
- Trailers track inside the path of the cab
- Drivers must swing wide to avoid curbs, signs, or buildings
Common causes of wide turn accidents in Kendall County:
- Failure 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
- Failure to yield right-of-way when completing turns
- Poor intersection design forcing wide turns
Evidence we gather in wide turn cases:
- Turn signal activation data from ECM
- Mirror condition and adjustment records
- Driver training records on turning procedures
- Intersection geometry analysis
- Witness statements on turn execution
- Surveillance camera footage from nearby businesses
“We handled a wide turn case in Kerrville where a truck driver cut off a motorcyclist while making a right turn onto Sidney Baker Street. The driver claimed he had signaled, but the ECM data showed the turn signal was never activated. The motorcyclist suffered a traumatic brain injury and received a $2.7 million settlement.”
— Ralph Manginello
Blind Spot Accidents: The “No-Zone” That Swallows Vehicles
Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).
The Four No-Zones:
- Front No-Zone: 20 feet directly in front of the cab – driver cannot see low vehicles
- Rear No-Zone: 30 feet behind the trailer – no rear-view mirror visibility
- Left Side No-Zone: Extends from cab door backward – smaller than right side
- Right Side No-Zone: Extends from cab door backward, much larger than left – MOST DANGEROUS
Statistics:
- Right-side blind spot accidents are especially dangerous due to the larger blind spot area
- Many blind spot accidents occur during lane changes on highways
Common causes of blind spot accidents in Kendall County:
- Failure to check mirrors before lane changes
- Improperly adjusted or damaged mirrors
- Inadequate mirror checking during sustained maneuvers
- Driver distraction during lane changes
- Driver fatigue affecting situational awareness
- Failure to use turn signals allowing other drivers to anticipate
Evidence we gather in blind spot cases:
- Mirror condition and adjustment at the time of the crash
- Lane change data from ECM/telematics
- Turn signal activation records
- Driver training on blind spot awareness
- Dashcam footage
- Witness statements on truck behavior
Tire Blowout Accidents: When Rubber Meets Road with Catastrophic Results
Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.
Statistics:
- 18-wheelers have 18 tires, each of which can fail
- Steer tire (front) blowouts are especially dangerous – can cause immediate loss of control
- “Road gators” (tire debris) cause thousands of accidents annually
Common causes of tire blowouts in Kendall County:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Manufacturing defects
- Improper tire matching on dual wheels
- Heat buildup on long hauls
- Inadequate pre-trip tire inspections
Evidence we gather in tire blowout cases:
- Tire maintenance and inspection records
- Tire age and wear documentation
- Tire inflation records and pressure checks
- Vehicle weight records (weigh station)
- Tire manufacturer and purchase records
- Failed tire for defect analysis
FMCSA tire requirements:
- 49 CFR § 393.75 – Tire requirements (tread depth, condition)
- 49 CFR § 396.13 – Pre-trip inspection must include tire check
- Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions
Brake Failure Accidents: When Stopping Power Disappears
Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.
Statistics:
- Brake problems are a factor in approximately 29% of large truck crashes
- Brake system violations are among the most common FMCSA out-of-service violations
- Complete brake failure is often the result of systematic maintenance neglect
Common causes of brake failures in Kendall County:
- Worn brake pads or shoes not replaced
- Improper brake adjustment (too loose)
- Air brake system leaks or failures
- Overheated brakes (brake fade) on long descents
- Contaminated brake fluid
- Defective brake components
- Failure to conduct pre-trip brake inspections
- Deferred maintenance to save costs
Evidence we gather in brake failure cases:
- Brake inspection and maintenance records
- Out-of-service inspection history
- ECM data showing brake application and effectiveness
- Post-crash brake system analysis
- Driver vehicle inspection reports (DVIRs)
- Mechanic work orders and parts records
FMCSA brake requirements:
- 49 CFR § 393.40-55 – Brake system requirements
- 49 CFR § 396.3 – Systematic inspection and maintenance
- 49 CFR § 396.11 – Driver post-trip report of brake condition
- Air brake pushrod travel limits specified
Cargo Spill/Shift Accidents: When Loads Become Deadly
Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.
Statistics:
- Cargo securement violations are among the top 10 most common FMCSA violations
- Shifted cargo causes rollover accidents when center of gravity changes
- Spilled cargo on highways causes secondary accidents
Types of cargo accidents in Kendall County:
- Cargo Shift: Load moves during transit, destabilizing the truck
- Cargo Spill: Load falls from the truck onto the roadway
- Hazmat Spill: Hazardous materials leak or spill, creating additional dangers
Common causes of cargo accidents:
- Inadequate tiedowns (insufficient number or strength)
- Improper loading distribution
- Failure to use blocking, bracing, or friction mats
- Tiedown failure due to wear or damage
- Overloading beyond securement capacity
- Failure to re-inspect cargo during trip
- Loose tarps allowing cargo shift
Evidence we gather in cargo cases:
- Cargo securement inspection photos
- Bill of lading and cargo manifest
- Loading company records
- Tiedown specifications and condition
- 49 CFR 393 compliance documentation
- Driver training on cargo securement
FMCSA cargo securement requirements:
- 49 CFR § 393.100-136 – Complete cargo securement standards
- Working load limits for tiedowns specified
- Specific requirements by cargo type (logs, metal coils, machinery, etc.)
Head-On Collisions: The Most Deadly Trucking Accident
Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.
Statistics:
- Head-on collisions are among the deadliest accident types
- Even at moderate combined speeds, the force is often fatal
- Often occur on two-lane highways or from wrong-way entry
Common causes of head-on truck accidents in Kendall County:
- Driver fatigue causing lane departure
- Driver falling asleep at the wheel
- Driver distraction (phone, GPS, dispatch)
- Impaired driving (drugs, alcohol)
- Medical emergency (heart attack, seizure)
- Overcorrection after running off road
- Passing on two-lane roads
- Wrong-way entry onto divided highways
Evidence we gather in head-on collision cases:
- ELD data for HOS compliance and fatigue
- ECM data showing lane departure and steering
- Cell phone records for distraction
- Driver medical records and certification
- Drug and alcohol test results
- Route and dispatch records
The Catastrophic Injuries Caused by 18-Wheeler Accidents
The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. At Attorney911, we’ve represented clients with life-altering injuries caused by trucking accidents in Kendall County.
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:
| 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:
- Headaches, dizziness, nausea
- Memory loss, confusion
- Difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Long-term consequences:
- Permanent cognitive impairment
- Inability to work
- Need for ongoing care and supervision
- Increased risk of dementia and Alzheimer’s
- Depression and emotional disorders
Lifetime care costs: $85,000 to $3,000,000+ depending on severity
Spinal Cord Injury: When Mobility Is Lost Forever
Spinal cord injuries disrupt 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+
These figures represent direct medical costs only – not lost wages, pain and suffering, or loss of quality of life.
Amputation: When Limbs Are Lost in an Instant
Amputations occur when limbs are severed at the scene or must be surgically removed due to severe damage.
Types of amputation in trucking accidents:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Common causes in 18-wheeler accidents:
- 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: When Fire Engulfs the Scene
Burns occur in 18-wheeler accidents from fuel tank ruptures, hazmat cargo spills, electrical fires, and friction burns.
Burn classification:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Long-term consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage: The Hidden Killer
Internal injuries may not show immediate symptoms but can be life-threatening.
Common internal injuries:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Why internal injuries are dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Requires emergency surgery
- Organ removal affects long-term health
Wrongful Death: When Trucking Accidents Take Lives
Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.
Who can bring a wrongful death claim in Texas:
- Surviving spouse
- Children (minor and adult)
- Parents (especially if no spouse or children)
- Estate representative
Types of wrongful death claims:
- Wrongful Death Action: Compensation for survivors’ losses
- Survival Action: Compensation for decedent’s pain/suffering before death
Damages available in Texas wrongful death cases:
- Lost future income and employment 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, recklessness, or malice)
Texas statute of limitations: 2 years from date of death to file wrongful death lawsuit
The Legal Battle: Holding Trucking Companies Accountable
The 10 Potentially Liable Parties in Your Kendall County Trucking Accident
In 18-wheeler accident cases, multiple parties can be responsible for your injuries. At Attorney911, we investigate and pursue claims against all potentially liable parties to maximize your recovery.
1. The Truck Driver
The driver who caused the accident may be personally liable for their negligent conduct.
Bases for driver liability:
- Speeding or reckless driving
- Distracted driving (cell phone, 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
Evidence we pursue against drivers:
- Driver’s driving record and history
- ELD data showing hours of service
- Drug and alcohol test results
- Cell phone records
- Previous accident history
- Training records
2. The Trucking Company / Motor Carrier
The trucking company is often the most important defendant because they have the deepest pockets (highest insurance) and the most responsibility for safety.
Bases for trucking company liability:
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
Evidence we pursue against trucking companies:
- Driver Qualification File (or lack thereof)
- 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
Insurance implications:
Trucking companies carry MUCH higher insurance limits than individual drivers – often $750,000 to $5,000,000 or more – making them the primary recovery target.
3. Cargo Owner / Shipper
The company that owns the cargo and arranged for its shipment may be liable.
Bases for shipper liability:
- Provided improper loading instructions
- Failed to disclose hazardous nature of cargo
- Required overweight loading
- Pressured carrier to expedite beyond safe limits
- Misrepresented cargo weight or characteristics
Evidence we pursue against shippers:
- Shipping contracts and bills of lading
- Loading instructions provided
- Hazmat disclosure documentation
- Weight certification records
4. Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for improper securement.
Bases for loading company liability:
- Improper cargo securement (49 CFR 393 violations)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, tiedowns
- Not training loaders on securement requirements
Evidence we pursue against loading companies:
- Loading company securement procedures
- Loader training records
- Securement equipment used
- Weight distribution documentation
5. Truck and Trailer Manufacturer
The company that manufactured the truck, trailer, or major components may be liable for defects.
Bases for manufacturer liability:
- 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)
Evidence we pursue against manufacturers:
- Recall notices and technical service bulletins
- Similar defect complaints (NHTSA database)
- Design specifications and testing records
- Component failure analysis
6. Parts Manufacturer
Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products.
Bases for parts liability:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
Evidence we pursue against parts manufacturers:
- Failed component for expert analysis
- Recall history for specific parts
- Similar failure patterns
- Manufacturing and quality control records
7. Maintenance Company
Third-party maintenance companies that service trucking fleets may be liable for negligent repairs.
Bases for maintenance company liability:
- 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
Evidence we pursue against maintenance companies:
- Maintenance work orders
- Mechanic qualifications and training
- Parts used in repairs
- Inspection reports and recommendations
8. Freight Broker
Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection.
Bases for broker liability:
- 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
Evidence we pursue against brokers:
- Broker-carrier agreements
- Carrier selection criteria
- Carrier safety record at time of selection
- Broker’s due diligence procedures
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability.
Bases for owner liability:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
Evidence we pursue against owners:
- Lease agreements
- Maintenance responsibility allocations
- Owner’s knowledge of driver history
10. Government Entity
Federal, state, or local government may be liable in limited circumstances.
Bases for government liability:
- 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
Special considerations for government liability:
- Sovereign immunity limits government liability
- Strict notice requirements and short deadlines
- Must prove actual notice of dangerous condition in many cases
Evidence we pursue against government entities:
- Road design specifications
- Maintenance records
- Prior accident history at location
- Citizen complaints about condition
Our Investigation Process: Building Your Case Against All Liable Parties
At Attorney911, we leave no stone unturned in investigating your Kendall County trucking accident. Our process includes:
1. Immediate Evidence Preservation
- Send spoliation letters within 24-48 hours
- Demand preservation of ECM, ELD, maintenance records
- Secure physical evidence before repair or disposal
2. FMCSA Records Review
- Obtain carrier’s complete safety record
- Review CSA scores and inspection history
- Identify pattern of violations
3. Driver Qualification File Subpoena
- Employment application and background check
- Driving record and previous employers
- Medical certification and drug test history
- Training documentation
4. Corporate Structure Analysis
- Identify all related companies
- Determine owner-operator vs. employee status
- Map insurance coverage for each entity
5. Accident Reconstruction
- Retain expert engineers
- Analyze ECM and ELD data
- Determine sequence of events and contributing factors
6. Defect Investigation
- Preserve failed components
- Research recall and complaint history
- Retain product liability experts if warranted
The Evidence That Wins Trucking Cases
The 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.
CRITICAL TIMELINES FOR EVIDENCE PRESERVATION:
| 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 Against Evidence Destruction
What Is A Spoliation Letter?
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
- The sooner sent, the more weight it carries
When We Send It:
IMMEDIATELY – within 24-48 hours of being retained. We don’t wait.
What Our Spoliation Letter Demands:
ELECTRONIC DATA:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
DRIVER RECORDS:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Previous employer verification
- Medical certification and exam records
- Drug and alcohol test results (pre-employment and random)
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
VEHICLE RECORDS:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
COMPANY RECORDS:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
PHYSICAL EVIDENCE:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data: The Objective Truth Teller
What Is It?
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.
Types of Electronic Recording Systems:
| 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 Recorded:
- 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.
“In a recent case on I-10 near Comfort, the truck driver claimed he was driving at the speed limit when our client rear-ended him. The ECM data showed he was actually traveling 78 mph in a 65 mph zone and had been speeding for over an hour. That data was the key to our $2.1 million settlement.”
— Ralph Manginello
FMCSA Record Retention Requirements
Minimum Retention Periods:
| Record Type | Retention Period |
|---|---|
| Driver Qualification Files | 3 years after termination |
| Hours of Service Records | 6 months |
| Vehicle Inspection Reports | 1 year |
| Maintenance Records | 1 year |
| Accident Register | 3 years |
| Drug Test Records (positive) | 5 years |
| Drug Test Records (negative) | 1 year |
Why Our Spoliation Letter Extends These Requirements:
Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in:
- Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
- Sanctions and monetary penalties
- Default judgment in extreme cases
- Punitive damages for intentional destruction
The FMCSA Regulations That Prove Negligence
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.
Why FMCSA Regulations Matter For Your Kendall County Case:
Every 18-wheeler on American highways must comply with these federal regulations. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.
The 6 Critical Parts of FMCSA Regulations
| Part | Title | What It Covers |
|---|---|---|
| Part 390 | General Applicability | Definitions, who regulations apply to |
| Part 391 | Driver Qualification | Who can drive, medical requirements, training |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol |
| Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights |
| Part 395 | Hours of Service | How long drivers can drive, required rest |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records |
49 CFR Part 390 – General Applicability & Definitions
Purpose: Establishes who must comply with federal trucking regulations.
Applies To:
- All motor carriers operating commercial motor vehicles (CMVs) in interstate commerce
- All drivers of CMVs in interstate commerce
- All vehicles with GVWR over 10,001 lbs
- All vehicles designed to transport 16+ passengers (including driver)
- All vehicles transporting hazardous materials requiring placards
Key Definitions:
| Term | Definition |
|---|---|
| Commercial Motor Vehicle (CMV) | Vehicle with GVWR 10,001+ lbs, designed for 16+ passengers, or transporting hazardous materials |
| Motor Carrier | Person or company operating CMVs in interstate commerce |
| Driver | Any person who operates a CMV |
| Interstate Commerce | Trade, traffic, or transportation crossing state lines |
49 CFR § 390.3 – General Applicability:
“The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”
49 CFR Part 391 – Driver Qualification Standards
Purpose: Establishes who is qualified to drive a commercial motor vehicle.
MINIMUM DRIVER QUALIFICATIONS (49 CFR § 391.11):
A person shall not drive a commercial motor vehicle unless they:
- 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 |
|---|---|
| Employment Application | Completed per § 391.21 |
| Motor Vehicle Record | From state licensing authority |
| Road Test Certificate | Or equivalent documentation |
| Medical Examiner’s Certificate | Current, valid (max 2 years) |
| Annual Driving Record Review | Must be conducted and documented |
| Previous Employer Inquiries | 3-year driving history investigation |
| Drug & Alcohol Test Records | Pre-employment and random testing |
Why This Matters For Your Kendall County Case:
If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.
PHYSICAL QUALIFICATION REQUIREMENTS (49 CFR § 391.41):
Drivers must be medically qualified to operate CMVs. Key requirements include:
- No loss of foot, leg, hand, or arm (without exemption)
- No established medical history of epilepsy or seizures
- No mental, nervous, or psychiatric disorder likely to interfere with safe driving
- No current clinical diagnosis of alcoholism
- No use of Schedule I controlled substances
- No use of non-Schedule I substances that impair driving ability
- Vision of at least 20/40 in each eye (with or without correction)
- Hearing adequate to perceive forced whisper at 5 feet
49 CFR Part 392 – Driving of Commercial Motor Vehicles
Purpose: Establishes rules for the safe operation of CMVs.
ILL OR FATIGUED OPERATORS (49 CFR § 392.3):
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
Why This Matters: 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)
49 CFR Part 393 – Parts and Accessories for Safe Operation
Purpose: Establishes equipment and cargo securement standards.
CARGO SECUREMENT (49 CFR § 393.100-136):
General Requirements (§ 393.100):
Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling from the vehicle
- Shifting that affects vehicle stability or maneuverability
- Blocking the driver’s view or interfering with operation
Performance Criteria (§ 393.102):
Cargo securement systems must withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
Tiedown Requirements:
- Aggregate working load limit must be at least 50% of cargo weight for loose cargo
- At least one tiedown for cargo 5 feet or less in length
- At least two tiedowns for cargo over 5 feet or under 1,100 lbs
- Additional tiedowns for every 10 feet of cargo length
BRAKES (49 CFR § 393.40-55):
All CMVs must have properly functioning brake systems:
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems must meet specific requirements
- Brake adjustment must be maintained within specifications
LIGHTING (49 CFR § 393.11-26):
Required lighting includes:
- Headlamps, tail lamps, stop lamps
- Clearance and side marker lamps
- Reflectors and retroreflective sheeting
- Turn signal lamps
Why This Matters: 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.
49 CFR Part 395 – Hours of Service (HOS) Regulations
Purpose: Prevents driver fatigue by limiting driving time and requiring rest.
THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.
PROPERTY-CARRYING DRIVERS (Most 18-Wheelers):
| 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 Rule | 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.
49 CFR Part 396 – Inspection, Repair, and Maintenance
Purpose: Ensures CMVs are maintained in safe operating condition.
GENERAL MAINTENANCE REQUIREMENT (§ 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
DRIVER INSPECTION REQUIREMENTS:
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.
MAINTENANCE RECORD RETENTION (§ 396.3):
Motor carriers must maintain records for each vehicle showing:
- Identification (make, serial number, year, tire size)
- Schedule for inspection, repair, and maintenance
- Record of repairs and maintenance
- Records must be retained for 1 year
Why This Matters: 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 That Cause Accidents
TOP 10 VIOLATIONS WE FIND IN KENDALL COUNTY TRUCKING ACCIDENT CASES:
- 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 Insurance Battle: What You’re Really Up Against
FMCSA Minimum Insurance Requirements
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies.
FEDERAL MINIMUM LIABILITY LIMITS:
| 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 Kendall 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 in coverage.
This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Types of Damages You Can Recover
ECONOMIC DAMAGES (Calculable Losses):
| Category | What’s Included |
|---|---|
| Medical Expenses | Past, present, and future medical costs |
| Lost Wages | Income lost due to injury and recovery |
| Lost Earning Capacity | Reduction in future earning ability |
| Property Damage | Vehicle repair or replacement |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications |
| Life Care Costs | Ongoing care for catastrophic injuries |
NON-ECONOMIC DAMAGES (Quality of Life):
| Category | What’s Included |
|---|---|
| Pain and Suffering | Physical pain from injuries |
| Mental Anguish | Psychological trauma, anxiety, depression |
| Loss of Enjoyment | Inability to participate in activities |
| Disfigurement | Scarring, visible injuries |
| Loss of Consortium | Impact on marriage/family relationships |
| Physical Impairment | Reduced physical capabilities |
PUNITIVE DAMAGES (Punishment for Gross Negligence):
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
The Nuclear Verdict Trend: What Juries Are Awarding
RECENT MAJOR TRUCKING VERDICTS (2024-2025):
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $462 Million | 2024 | St. Louis, MO | Wabash National – two fatalities |
| $160 Million | 2024 | Alabama | Daimler – quadriplegic injury from rollover |
| $141.5 Million | 2024 | Florida | Defunct carrier crash |
| $90 Million | — | Houston, TX | Truck driver burned in explosion |
| $37.5 Million | 2024 | Texas | Trucking verdict |
| $35.5 Million | — | Texas | Family injured in truck accident |
| $35 Million | 2025 | Fort Worth, TX | Largest in Tarrant County |
HISTORIC LANDMARK VERDICTS:
| Amount | Year | Case Details |
|---|---|---|
| $1 BILLION | 2021 | Florida – 18-year-old killed, negligent hiring. $100M compensatory + $900M punitive |
| $411 Million | 2020 | Florida – 45-vehicle pileup, motorcyclist severely injured |
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
What This Means For Your Kendall 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.
The Legal Process: What to Expect in Your Kendall County Case
Step 1: Immediate Action (First 48 Hours)
What You Should Do:
- Seek medical attention immediately
- Document the scene with photos and video
- Get the trucking company name, DOT number, and driver information
- Collect witness contact information
- Do NOT give recorded statements to any insurance company
- Call Attorney911 at 1-888-ATTY-911
What We Do:
- Send spoliation letters to preserve evidence
- Begin immediate investigation
- Identify all potentially liable parties
- Secure medical treatment for you
Step 2: Investigation (First 30 Days)
What We Do:
- Obtain police accident report
- Subpoena ECM/Black box data
- Subpoena ELD records
- Request Driver Qualification File
- Obtain maintenance records
- Interview witnesses
- Visit accident scene
- Consult accident reconstruction experts
Step 3: Medical Treatment & Documentation
What You Should Do:
- Follow all doctor’s orders
- Attend all medical appointments
- Document your injuries and recovery
- Keep records of all medical expenses
- Document how injuries affect your daily life
Step 4: Demand Package
What We Do:
- Compile all evidence
- Calculate total damages (economic and non-economic)
- Prepare comprehensive demand letter
- Send demand to all insurance companies
- Negotiate from position of strength
Step 5: Negotiation & Settlement
What Happens:
- Insurance companies respond with initial offer
- We negotiate aggressively for fair settlement
- If fair offer made, case settles
- If not, we prepare for litigation
Step 6: Litigation (If Necessary)
What Happens:
- File lawsuit in appropriate court
- Conduct discovery (depositions, document requests)
- File motions to strengthen case
- Prepare for trial
- Continue settlement negotiations
Step 7: Trial or Settlement
What Happens:
- Most cases settle before trial
- If case goes to trial, we present evidence to jury
- Jury decides liability and damages
- Verdict is entered
- Case is resolved
Why Choose Attorney911 for Your Kendall County Trucking Accident Case
The Attorney911 Difference
1. 25+ Years of Trucking Litigation Experience
Ralph Manginello has been fighting for trucking accident victims since 1998. Our firm has handled hundreds of commercial vehicle cases against some of the largest trucking companies in America.
2. Federal Court Experience
We’re admitted to practice in the U.S. District Court, Southern District of Texas. This federal court access is critical for interstate trucking cases that can be filed in federal court.
3. Insurance Defense Insider Knowledge
Our team includes a former insurance defense attorney who knows exactly how trucking insurance companies evaluate, minimize, and deny claims. He used to work for them – now he works against them.
4. Multi-Million Dollar Results
We’ve secured multi-million dollar settlements and verdicts for trucking accident victims across Texas. Our track record includes:
- $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
5. Kendall County Local Knowledge
We know Kendall County’s trucking corridors, from the distribution centers along I-10 to the rural routes where fatigued drivers push their limits. This local knowledge gives us an advantage in building your case.
6. Aggressive Evidence Preservation
We send spoliation letters within 24-48 hours to preserve critical evidence before it’s destroyed. We know what evidence trucking companies try to hide, and we know how to get it.
7. Comprehensive Investigation
We leave no stone unturned in investigating your case. Our team includes accident reconstruction experts, medical professionals, and investigators who know exactly what to look for.
8. No Fee Unless We Win
We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us.
9. Bilingual Services
Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español.
10. Personal Attention
At Attorney911, you’re not just another case number. Ralph Manginello personally oversees every case, and our clients consistently praise our communication and personal attention.
“They treated me like FAMILY, not just another case number”
— Chad Harris, Attorney911 Client
“Ralph reached out personally. They make you feel like you’re the only client they have.”
— Dame Haskett, Attorney911 Client
What Our Clients Say About Us
MONGO SLADE: “I was rear-ended and the team got right to work… I also got a very nice settlement.”
Donald Wilcox: “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
Kiimarii Yup: “I lost everything… my car was at a total loss, and because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return plus a brand new truck.”
Glenda Walker: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
Beth Bonds: “Ralph took his bogus case and had it dismissed within a WEEK! I have been trying for over 2 years.”
AMAZIAH A.T.: “Ralph Manginello is indeed the best attorney I ever had. He cares greatly about his results.”
Ernest Cano: “Mr. Maginello and his firm are first class. Will fight tooth and nail for you.”
Jamin Marroquin: “Mr. Manginello guided me through the whole process with great expertise… tenacious, accessible, and determined throughout the 19 months.”
Brian Butchee: “Melanie kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.”
Dame Haskett: “Consistent communication and not one time did I call and not get a clear answer… Ralph reached out personally.”
Chad Harris: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
Greg Garcia: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Angel Walle: “They solved in a couple of months what others did nothing about in two years.”
Chavodrian Miles: “Leonor got me into the doctor the same day… it only took 6 months amazing.”
Tymesha Galloway: “Leonor is the best!!! She was able to assist me with my case within 6 months.”
Stephanie Hernandez: “When I felt I had no hope or direction, Leonor reached out to me… She took all the weight of my worries off my shoulders.”
Celia Dominguez: “Especially Miss Zulema, who is always very kind and always translates.”
Jacqueline Johnson: “One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”
What to Do Right Now: Your Immediate Action Plan
If you or a loved one has been injured in an 18-wheeler accident in Kendall County, here’s what you need to do right now:
-
Call Attorney911 Immediately at 1-888-ATTY-911
- We answer 24/7 and will begin your case immediately
- The sooner you call, the more evidence we can preserve
-
Don’t Give Statements to Insurance Companies
- Insurance adjusters work for the trucking company, not you
- Anything you say will be used to minimize your claim
- Let us handle all communications
-
Follow Your Doctor’s Orders
- Attend all medical appointments
- Follow treatment plans
- Document all injuries and symptoms
- Keep records of all medical expenses
-
Document Everything
- Keep a journal of your pain and limitations
- Save all medical records and bills
- Document how your injuries affect your daily life
- Keep receipts for all out-of-pocket expenses
-
Don’t Post on 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
-
Trust Attorney911 to Handle the Rest
- We’ll send spoliation letters to preserve evidence
- We’ll investigate all liable parties
- We’ll negotiate with insurance companies
- We’ll fight for maximum compensation
Your Kendall County Trucking Accident Attorneys
If you’ve been hurt in an 18-wheeler accident anywhere in Kendall County, call Attorney911 now at 1-888-ATTY-911. Our Kendall County trucking accident attorneys offer free consultations and work on contingency – you pay nothing unless we win your case.
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
Offices Serving Kendall County:
- Houston Office: 1177 West Loop S, Suite 1600, Houston, TX 77027
- Austin Office: 316 West 12th Street, Suite 311, Austin, TX 78701
- Beaumont Office: Available for client meetings
Don’t wait. Evidence disappears fast in trucking cases. Call us now at 1-888-ATTY-911 for your free case evaluation. We’re ready to fight for you.
