18-Wheeler Accident Attorneys in Cross Plains, Texas
Every year, thousands of families across Texas face life-altering injuries from 18-wheeler accidents on our highways. If you or a loved one has been seriously injured in a trucking accident in Cross Plains, Texas, you need experienced legal representation that understands both the federal regulations governing commercial trucking and the unique challenges of navigating Texas courts.
At Attorney911, we’ve been fighting for truck accident victims throughout Callahan County and across Texas 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 catastrophic 18-wheeler crashes. We know Cross Plains’ trucking corridors, from the I-20 corridor to local distribution routes, and we understand how to hold negligent trucking companies accountable.
Why 18-Wheeler Accidents Are Different in Cross Plains
Trucking accidents aren’t like car accidents. The physics are different, the regulations are different, and the stakes are much higher. Here’s what makes Cross Plains trucking cases unique:
The Size and Weight Disparity
A fully loaded 18-wheeler can weigh up to 80,000 pounds – that’s 20-25 times heavier than the average passenger car. When these massive vehicles collide with smaller cars on Cross Plains highways, the results are often catastrophic. The impact force is exponentially greater, and the injuries are far more severe.
Federal Regulations That Apply Everywhere
Unlike car accidents that are governed primarily by state laws, 18-wheeler accidents are subject to extensive federal regulations from the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover everything from driver qualifications to vehicle maintenance to hours of service. When trucking companies violate these rules, it creates dangerous conditions that lead to accidents.
Multiple Liable Parties
In a typical car accident, you might sue one driver. In a trucking accident, multiple parties could share responsibility:
- The truck driver
- The trucking company
- The cargo owner
- The company that loaded the cargo
- The truck or trailer manufacturer
- The maintenance company
- The freight broker
Our investigation process identifies every potentially liable party to maximize your recovery.
Higher Insurance Limits
Federal law requires trucking companies to carry minimum liability insurance of $750,000, and many carry $1-5 million or more. This means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Common Causes of 18-Wheeler Accidents in Cross Plains
Cross Plains sits at the intersection of major trucking routes, with I-20 serving as a primary east-west corridor connecting the Permian Basin to the Dallas-Fort Worth metroplex. This heavy truck traffic creates unique risks for local drivers. Some of the most common causes of trucking accidents we see in the Cross Plains area include:
Driver Fatigue and Hours of Service Violations
Federal regulations limit how long truck drivers can operate without rest:
- Maximum 11 hours driving after 10 consecutive hours off duty
- Cannot drive beyond the 14th consecutive hour on duty
- 30-minute break required after 8 hours of driving
- 60/70 hour weekly limits
Despite these regulations, driver fatigue causes approximately 31% of fatal truck crashes. Trucking companies often pressure drivers to meet tight deadlines, leading to hours of service violations. Electronic Logging Devices (ELDs) now record driving time objectively, making it harder for drivers to falsify their logs.
Improper Cargo Loading and Securement
Cargo securement violations are among the top 10 most common FMCSA violations. When cargo isn’t properly secured:
- It can shift during transit, destabilizing the truck
- It can fall onto the roadway, creating hazards
- Liquid cargo can slosh, affecting vehicle stability
The FMCSA has specific cargo securement requirements that vary by cargo type. Violations of these regulations can prove negligence in your case.
Brake Failures and Poor Maintenance
Brake problems are a factor in approximately 29% of large truck crashes. The FMCSA requires systematic inspection, repair, and maintenance of all commercial motor vehicles. Common brake issues include:
- Worn brake pads or shoes
- Improper brake adjustment
- Air brake system leaks
- Contaminated brake fluid
- Brake fade on long descents
When trucking companies defer maintenance to save costs, they put everyone on the road at risk.
Tire Blowouts
Tire blowouts are particularly dangerous for 18-wheelers. Common causes include:
- Underinflated tires
- Overloaded vehicles
- Worn or aging tires
- Road debris
- Manufacturing defects
The FMCSA requires minimum tread depth of 4/32″ on steer tires and 2/32″ on other positions. Trucking companies must also maintain tire records and conduct pre-trip inspections.
Distracted and Impaired Driving
Distracted driving is a growing problem in the trucking industry. Federal regulations prohibit:
- Using hand-held mobile phones while driving
- Texting while driving
- Using any device that requires more than one button press
Impaired driving is also a significant issue. While commercial drivers are subject to strict drug and alcohol testing requirements, violations still occur.
Underride Collisions
Underride collisions occur when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. These accidents are often fatal because the trailer height can shear off the top of the passenger vehicle.
Federal regulations require rear underride guards on most trailers, but there is currently no federal requirement for side underride guards. When these guards fail or are missing, the trucking company can be held liable.
Types of 18-Wheeler Accidents We Handle in Cross Plains
The Cross Plains area sees a variety of trucking accident types, each with unique characteristics and injury patterns:
Jackknife Accidents
A jackknife occurs when the trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic. These accidents are particularly common on I-20 and other highways where sudden braking or slippery conditions can cause the trailer to lose traction.
Common causes:
- Sudden or improper braking
- Speeding, especially on curves
- Empty or lightly loaded trailers
- Improperly loaded cargo
- Brake system failures
Rollover Accidents
Rollovers occur when an 18-wheeler tips onto its side or roof. Due to their high center of gravity, trucks are particularly susceptible to rollovers.
Common causes:
- Speeding on curves or ramps
- 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
Underride Collisions
Underride collisions are among the most deadly trucking accidents. When a car slides underneath a trailer, the passenger compartment can be sheared off at windshield level.
Types:
- Rear underride: Vehicle strikes back of trailer
- Side underride: Vehicle impacts side of trailer during lane changes or turns
Common causes:
- Inadequate or missing underride guards
- Sudden stops without warning
- Low visibility conditions
- Improper lane changes
- Wide right turns cutting off traffic
Rear-End Collisions
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 their massive weight, trucks require significantly longer stopping distances.
Common causes:
- Following too closely
- Driver distraction
- Driver fatigue
- Excessive speed for conditions
- Brake failures
Wide Turn Accidents (“Squeeze Play”)
Wide turn 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.
Common causes:
- Failure to properly signal
- Inadequate mirror checks
- Improper turn technique
- Driver inexperience
- Failure to yield right-of-way
Blind Spot Accidents
18-wheelers have significant blind spots, often called “No-Zones”:
- Front No-Zone: 20 feet directly in front
- Rear No-Zone: 30 feet behind
- Left Side No-Zone: Extends from cab door backward
- Right Side No-Zone: Extends from cab door backward, much larger than left
Common causes:
- Failure to check mirrors before lane changes
- Improperly adjusted mirrors
- Driver distraction
- Failure to use turn signals
Tire Blowout Accidents
Tire blowouts can cause the driver to lose control of the vehicle. Debris from blown tires can also strike other vehicles.
Common causes:
- Underinflated tires
- Overloaded vehicles
- Worn or aging tires
- Road debris
- Manufacturing defects
Brake Failure Accidents
Brake failures prevent drivers from stopping in time to avoid collisions.
Common causes:
- Worn brake pads or shoes
- Improper brake adjustment
- Air brake system leaks
- Overheated brakes
- Contaminated brake fluid
Cargo Spill/Shift Accidents
When cargo isn’t properly secured, it can fall from the truck or shift during transit, causing accidents.
Common causes:
- Inadequate tiedowns
- Improper loading distribution
- Failure to use blocking or bracing
- Tiedown failure due to wear
- Overloading
Catastrophic Injuries from 18-Wheeler Accidents
The massive size and weight of 18-wheelers mean that accidents often result in catastrophic injuries:
Traumatic Brain Injury (TBI)
TBI occurs when a sudden trauma causes damage to the brain. Symptoms can range from mild concussions to permanent cognitive impairment.
Severity levels:
- Mild (concussion): Confusion, headache, brief loss of consciousness
- Moderate: Extended unconsciousness, memory problems
- Severe: Extended coma, permanent cognitive impairment
Lifetime care costs: $85,000 to $3,000,000+ depending on severity
Spinal Cord Injury and Paralysis
Spinal cord injuries can result in partial or complete paralysis.
Types of paralysis:
- Paraplegia: Loss of function below the waist
- Quadriplegia: Loss of function in all four limbs
- Incomplete injury: Some nerve function remains
- Complete injury: No nerve function below injury
Lifetime care costs:
- Paraplegia: $1.1 million to $2.5 million+
- Quadriplegia: $3.5 million to $5 million+
Amputation
Amputations can occur at the scene due to crash forces or may be required surgically due to severe injuries.
Types:
- Traumatic amputation: Limb severed at scene
- Surgical amputation: Limb so damaged it must be removed
Ongoing needs:
- Prosthetic limbs ($5,000-$50,000+ each)
- Physical and occupational therapy
- Psychological counseling
Severe Burns
Burns can occur from fuel tank ruptures, hazmat cargo spills, or electrical fires.
Burn classification:
- First degree: Epidermis only
- Second degree: Epidermis and dermis
- Third degree: Full thickness
- Fourth degree: Through skin to muscle/bone
Long-term consequences:
- Permanent scarring
- Multiple reconstructive surgeries
- Chronic pain
- Psychological trauma
Internal Organ Damage
Internal injuries may not be immediately apparent but can be life-threatening.
Common injuries:
- Liver laceration or rupture
- Spleen damage
- Kidney damage
- Lung contusion or collapse
- Internal bleeding
Wrongful Death
When a trucking accident kills a loved one, surviving family members can bring wrongful death claims.
Damages available:
- Lost future income
- Loss of consortium (companionship)
- Mental anguish
- Funeral expenses
- Punitive damages (if gross negligence)
How We Prove Negligence in Cross Plains Trucking Cases
Proving negligence in a trucking case requires a thorough investigation and deep understanding of federal regulations. Here’s how we build strong cases for our Cross Plains clients:
1. Immediate Evidence Preservation
We send spoliation letters within 24-48 hours of being retained to preserve critical evidence:
- ECM/Black Box data (can be overwritten in 30 days)
- ELD records (may be retained only 6 months)
- Dashcam footage (often deleted within 7-14 days)
- Maintenance records
- Driver Qualification Files
- Drug and alcohol test results
2. FMCSA Regulation Analysis
We analyze how the trucking company and driver violated federal regulations:
- Part 390: General applicability and definitions
- Part 391: Driver qualification standards
- Part 392: Driving rules
- Part 393: Vehicle safety and cargo securement
- Part 395: Hours of service
- Part 396: Inspection and maintenance
3. Electronic Data Analysis
Modern trucks record extensive operational data:
- ECM (Engine Control Module): Speed, throttle position, RPM, fault codes
- ELD (Electronic Logging Device): Hours of service, GPS location
- Telematics: Real-time GPS tracking, driver behavior
- Dashcam: Video of road ahead and cab interior
This data often contradicts what drivers claim happened.
4. Driver Qualification File Review
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.
5. Maintenance and Inspection Records
We review:
- Pre-trip and post-trip inspection reports
- Annual inspection records
- Maintenance work orders
- Parts purchase records
- Out-of-service orders
Poor maintenance records can prove negligence.
6. Accident Reconstruction
We work with expert engineers to:
- Analyze skid marks and vehicle damage
- Determine vehicle speeds and positions
- Reconstruct the sequence of events
- Identify contributing factors
7. Identifying All Liable Parties
We investigate every potentially liable party:
- The truck driver
- The trucking company
- The cargo owner
- The loading company
- The truck manufacturer
- The parts manufacturer
- The maintenance company
- The freight broker
- The truck owner (if different from carrier)
- Government entities (for road defects)
What to Do After an 18-Wheeler Accident in Cross Plains
If you’ve been in a trucking accident in Cross Plains, take these steps to protect your rights:
- Call 911 and report the accident
- Seek medical attention immediately, 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
Critical timing: Evidence in trucking cases disappears quickly. Black box data can be overwritten in 30 days. Trucking companies hire rapid-response teams to protect their interests. You need an attorney who moves just as fast.
Why Choose Attorney911 for Your Cross Plains Trucking Case
1. Deep Trucking Industry Knowledge
Our team includes attorneys who previously worked in insurance defense, giving us insider knowledge of how trucking companies and their insurers operate. We know every tactic they’ll use to minimize your claim, and we know how to counter it.
2. Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas. This federal court experience is critical for interstate trucking cases, which often involve federal regulations and can be filed in federal court.
3. Proven Track Record
We’ve recovered millions for trucking accident victims, 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
4. Local Knowledge
We know Cross Plains’ trucking corridors, from I-20 to local distribution routes. We understand the unique challenges of Callahan County courts and how to navigate the local legal system.
5. Aggressive Representation
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.
6. Spanish-Language Services
Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español.
7. No Fee Unless We Win
We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us.
The Attorney911 Difference: Our Insider Advantage
Most personal injury firms have experience fighting insurance companies. We have something better: insider knowledge from the other side.
Our team includes attorneys who previously worked in insurance defense. We’ve seen how the other side operates from the inside. We know:
- How insurance companies value claims
- How adjusters are trained to minimize payouts
- What makes them settle for maximum amounts
- How they deny claims
- How their claims valuation software works
This insider knowledge gives us a strategic advantage in every case.
What Your Cross Plains Trucking Accident Case Might Be Worth
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 limits, allowing for larger recoveries than typical car accidents. Recent trucking verdicts in Texas have ranged from hundreds of thousands to hundreds of millions.
Texas has no cap on non-economic damages (pain and suffering) in most personal injury cases. When trucking companies act with gross negligence, punitive damages may also be available.
Common Trucking Company Tactics and How We Counter Them
Insurance companies use many tactics to minimize or deny claims. Here’s how we counter them:
| Insurance Tactic | Our Counter-Strategy |
|---|---|
| Quick lowball settlement offers | Never accept early offers; calculate full future damages first |
| Denying or minimizing injuries | Obtain comprehensive medical documentation and expert testimony |
| Blaming the victim (comparative fault) | Investigate fully; gather evidence disproving fault allegations |
| Delaying the claims process | File lawsuit to force discovery; set depositions |
| Using recorded statements against victims | Advise clients NEVER to give statements without attorney present |
| “Pre-existing condition” defense | Apply Texas “Eggshell Skull” doctrine (take plaintiff as found) |
| “Gap in treatment” attacks | Document all treatment; explain gaps with medical records |
| Sending surveillance investigators | Advise clients on appropriate conduct; expose unfair surveillance |
| Hiring “independent” medical examiners | Counter with client’s treating physicians and independent experts |
| Drowning plaintiff in paperwork | Aggressive litigation and motion practice to force resolution |
Cross Plains Trucking Corridors: Where Accidents Happen
Cross Plains sits at a critical juncture of Texas trucking routes. Major corridors in the area include:
I-20 Corridor
I-20 is a primary east-west route connecting the Permian Basin to the Dallas-Fort Worth metroplex. This heavily traveled corridor sees significant truck traffic, particularly from oil and gas industry shipments.
Common accident locations:
- I-20 near the FM 1077 interchange
- I-20 near the US 283 interchange
- I-20 near the FM 880 interchange
Common accident types:
- Rear-end collisions from sudden stops
- Jackknife accidents on curves
- Rollover accidents from improperly secured cargo
- Tire blowouts from long hauls
US 283 Corridor
US 283 runs north-south through Cross Plains, connecting to I-20 and serving as a route for local and regional traffic.
Common accident locations:
- US 283 near the I-20 interchange
- US 283 near the FM 1077 intersection
- US 283 near the FM 2228 intersection
Common accident types:
- Intersection accidents
- Wide turn accidents
- Rear-end collisions
FM 1077 and Local Routes
Local farm-to-market roads see truck traffic from agricultural shipments, oil field equipment, and local deliveries.
Common accident types:
- Blind spot accidents
- Underride collisions
- Cargo spill accidents
Callahan County Courts: What to Expect
Cross Plains trucking accident cases are typically filed in Callahan County courts. Understanding the local legal landscape is important for setting expectations:
Court Structure
- Callahan County Court at Law: Handles most civil cases, including personal injury lawsuits
- Callahan County District Court: Handles more complex cases and larger claims
- Justice of the Peace Courts: Handle smaller claims and some preliminary matters
Local Rules and Procedures
- Statute of Limitations: 2 years from the date of the accident
- Comparative Negligence: Texas follows modified comparative negligence. You can recover damages if you’re 50% or less at fault, but your recovery is reduced by your percentage of fault.
- Punitive Damages: Available when the defendant acted with gross negligence or malice
Jury Pool Characteristics
Callahan County has a population of approximately 14,000 people. The jury pool reflects the local community:
- Predominantly rural
- Strong work ethic
- Familiarity with trucking and agriculture
- Conservative values
Understanding these local characteristics helps us present your case effectively to a Callahan County jury.
The Cross Plains Trucking Accident Timeline
Every case is unique, but here’s a general timeline for trucking accident cases in Cross Plains:
Immediate Aftermath (0-48 Hours)
- Accident occurs
- Police respond and create accident report
- Injured parties receive emergency medical treatment
- Trucking company begins internal investigation
- Evidence begins to disappear
First Week
- We send spoliation letters to preserve evidence
- We begin collecting police reports, medical records, and other documentation
- We contact witnesses while memories are fresh
- We photograph the accident scene and vehicles before they’re moved or repaired
First Month
- We obtain ECM/Black Box data
- We subpoena ELD records
- We request Driver Qualification Files
- We obtain maintenance records
- We identify all potentially liable parties
- We begin calculating damages
1-6 Months
- Medical treatment continues
- We gather comprehensive medical records
- We work with medical experts to understand prognosis
- We calculate future medical needs and lost earning capacity
- We send demand letter to insurance companies
6-12 Months
- Negotiations with insurance companies
- Mediation may be scheduled
- If case doesn’t settle, we file lawsuit
1-3 Years (If Litigation Required)
- Discovery process (exchange of information)
- Depositions of parties and witnesses
- Expert reports
- Motions practice
- Trial preparation
- Trial (if necessary)
Most cases settle before trial, but we prepare every case as if it’s going to trial. This preparation creates leverage in settlement negotiations.
Callahan County Trucking Accident Resources
If you’ve been in a trucking accident in Cross Plains, these local resources may be helpful:
Medical Facilities
- Hendrick Medical Center: 1900 Pine St, Abilene, TX 79601 (Approximately 30 miles from Cross Plains)
- Baylor Scott & White Medical Center – Abilene: 6250 US-83, Abilene, TX 79606
- Cross Plains Rural Health Clinic: 101 N Main St, Cross Plains, TX 76443
Legal Resources
- Callahan County Courthouse: 100 W 4th St, Baird, TX 79504
- Callahan County Bar Association: Local attorneys who can provide referrals
- Texas Department of Transportation (TxDOT): For road condition reports and accident statistics
Support Services
- Texas Department of Assistive and Rehabilitative Services (DARS): For vocational rehabilitation and disability services
- Brain Injury Association of Texas: For traumatic brain injury support
- Christopher & Dana Reeve Foundation: For spinal cord injury support
Frequently Asked Questions About Cross Plains Trucking Accidents
What should I do immediately after an 18-wheeler accident in Cross Plains?
If you’ve been in a trucking accident in Cross Plains, 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. Cross Plains area hospitals 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 Cross Plains?
IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
What is a spoliation letter and why is it important?
A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.
Who can I sue after an 18-wheeler accident in Cross Plains?
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. This data can show:
- Speed before and during the crash
- Brake application timing
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
What injuries are common in 18-wheeler accidents in Cross Plains?
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 Cross Plains?
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 Cross Plains?
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 Cross Plains?
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.
Contact Attorney911 Today
If you or a loved one has been injured in an 18-wheeler accident in Cross Plains, Texas, don’t wait. Evidence is disappearing every hour. Call Attorney911 now for a free consultation.
Toll-Free: 1-888-ATTY-911 (1-888-288-9911)
Direct Houston: (713) 528-9070
Email: ralph@atty911.com
Website: https://attorney911.com
We’re available 24/7 to answer your call. Our Cross Plains 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.
Don’t let the trucking company take advantage of you. Call Attorney911 today and let us fight for the compensation you deserve.