18-Wheeler Accidents in City of Callisburg: Your Guide to Justice After a Trucking Disaster
When an 80,000-Pound Truck Changes Your Life in an Instant
The impact was catastrophic. One moment, you’re driving along City of Callisburg’s highways—maybe heading to work on FM 678, running errands in town, or just enjoying the quiet roads of Cooke County. The next, an 80,000-pound 18-wheeler is bearing down on you, and everything changes in a heartbeat.
If you or a loved one has been hurt in an 18-wheeler accident in City of Callisburg, you’re not just dealing with injuries. You’re facing a legal emergency. Trucking companies have rapid-response teams working to protect their interests within hours of a crash. They have investigators, lawyers, and insurance adjusters all focused on one goal: minimizing what they pay you.
You need someone on your side who knows exactly how they operate—and how to stop them.
At Attorney911, we’ve been fighting for trucking accident victims 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 18-wheeler crashes. We know the City of Callisburg trucking corridors, from the distribution centers along Highway 82 to the rural routes where fatigued drivers often push their limits.
Most importantly, our team includes a former insurance defense attorney. He spent years inside the system—learning how insurance companies evaluate claims, how they train adjusters to minimize payouts, and how they try to shift blame onto victims. Now he uses that insider knowledge to fight for YOU.
Call us now at 1-888-ATTY-911 for a free consultation. Evidence disappears fast—black box data can be overwritten in 30 days. We’ll send a preservation letter today to protect your case.
Why 18-Wheeler Accidents in City of Callisburg Are Different
Trucking accidents aren’t like car accidents. The physics are different. The injuries are different. The legal process is different. And the trucking industry plays by different rules—rules they often ignore until it’s too late.
The Physics of Disaster: Why Trucking Accidents Are So Deadly
An 18-wheeler can weigh up to 80,000 pounds—20 to 25 times more than your car. At highway speeds, that massive weight translates into devastating force:
- Stopping Distance: A fully loaded truck traveling at 65 mph needs approximately 525 feet to stop—nearly two football fields. Your car? About 300 feet. That 40% difference means trucks can’t avoid obstacles as quickly.
- Impact Force: The kinetic energy of an 80,000-pound truck is 80 times greater than a 4,000-pound car. When that energy transfers to your vehicle, the results are often catastrophic.
- Underride Risks: City of Callisburg’s highways see their share of underride collisions, where a car slides underneath a trailer. These accidents are frequently fatal, as the trailer shears off the top of the passenger vehicle.
City of Callisburg’s Trucking Landscape: Where Accidents Happen
City of Callisburg sits in a region where trucking is essential to the economy. Major routes include:
- Highway 82: A critical east-west corridor that sees significant truck traffic, especially from agricultural and distribution operations.
- FM 678: Connects City of Callisburg to major highways and sees regular truck traffic, particularly from local businesses.
- FM 372: Another important route for trucks serving the City of Callisburg area, with potential for accidents at intersections and rural stretches.
- Local distribution centers and warehouses: City of Callisburg’s growing commercial sector means more trucks on local roads, increasing the risk of accidents in town.
These routes present unique challenges:
- Rural stretches with limited lighting and emergency services
- Intersections where trucks make wide turns
- Areas where agricultural vehicles mix with commercial trucks
- Roads that may not be designed for heavy truck traffic
Common accident locations in City of Callisburg include:
- The intersection of Highway 82 and FM 678
- Rural stretches of FM 372 where visibility may be limited
- Areas near local distribution centers and warehouses
- Any location where trucks are loading or unloading
The Most Common Types of 18-Wheeler Accidents in City of Callisburg
Trucking accidents in City of Callisburg take many forms, but some types are particularly common in our area:
1. Jackknife Accidents: When the Trailer Becomes a Weapon
What happens: The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.
Why they’re common in City of Callisburg:
- Sudden braking on rural roads
- Empty or lightly loaded trailers (more prone to swing)
- Improper braking techniques on Highway 82’s long stretches
- Wet or icy conditions that reduce traction
Evidence we look for:
- Skid marks showing the trailer’s angle
- Brake inspection records (were they properly maintained?)
- ELD data showing speed before braking
- ECM data for brake application timing
2. Underride Collisions: The Deadliest Trucking Accident
What happens: Your car slides underneath the trailer, often shearing off the roof at windshield level.
Types:
- Rear underride: When a truck stops suddenly and your car slides underneath
- Side underride: When a truck turns across your path or changes lanes into you
Why they’re deadly:
- Almost always fatal for passenger vehicle occupants
- Trailer height often matches the passenger compartment
- Underride guards (when present) often fail at highway speeds
City of Callisburg factors:
- Rural roads with limited lighting increase underride risks
- Older trailers may lack proper underride guards
- Agricultural trucks may not have required safety equipment
FMCSA requirements (often violated):
- Rear impact guards must prevent underride at 30 mph
- No federal requirement for side underride guards (though advocacy is ongoing)
3. Rollover Accidents: When the Truck Tips Over
What happens: The truck tips onto its side or roof, often crushing vehicles nearby.
Why they’re common in City of Callisburg:
- Speeding on curves and ramps
- Improperly secured or unevenly distributed cargo
- Liquid cargo “slosh” that shifts center of gravity
- Overcorrection after tire blowouts or lane departures
Evidence we pursue:
- ECM data for speed through curves
- Cargo manifest and securement documentation
- Load distribution records
- Driver training on rollover prevention
4. Rear-End Collisions: The Stopping Distance Nightmare
What happens: The truck fails to stop in time and slams into the back of your vehicle.
Why they’re common in City of Callisburg:
- Following too closely on rural roads
- Driver distraction (cell phones, dispatch communications)
- Driver fatigue (common on long hauls through Cooke County)
- Brake failures from poor maintenance
Evidence we gather:
- ECM data showing following distance
- ELD data for fatigue analysis
- Cell phone records for distraction evidence
- Brake inspection and maintenance records
5. Wide Turn Accidents (“Squeeze Play”): When Trucks Cut You Off
What happens: The truck 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 the vehicle in the gap.
Why they’re common in City of Callisburg:
- Trucks need wide turns to avoid curbs and obstacles
- Rural intersections may lack proper signage
- Drivers may not signal properly
- Local drivers may not understand truck turning patterns
Evidence we look for:
- Turn signal activation data from ECM
- Mirror condition and adjustment records
- Driver training on turning procedures
- Intersection geometry analysis
6. Blind Spot Accidents (“No-Zone”): When the Driver Doesn’t See You
The four No-Zones:
- Front No-Zone: 20 feet directly in front of the cab
- Rear No-Zone: 30 feet behind the trailer
- Left Side No-Zone: Extends from cab door backward
- Right Side No-Zone: Extends from cab door backward—much larger than left side (MOST DANGEROUS)
Why they’re common in City of Callisburg:
- Rural roads with fewer lanes mean more lane changes
- Agricultural vehicles may move slower, requiring trucks to pass
- Limited visibility on rural stretches
- Improperly adjusted mirrors
Evidence we pursue:
- Mirror condition and adjustment at time of crash
- Lane change data from ECM/telematics
- Turn signal activation records
- Dashcam footage (if available)
7. Tire Blowout Accidents: When Rubber Meets Disaster
What happens: A tire suddenly fails, causing the driver to lose control.
Why they’re common in City of Callisburg:
- Underinflated tires (common in rural operations)
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Heat buildup on long hauls
Evidence we gather:
- Tire maintenance and inspection records
- Tire age and wear documentation
- Vehicle weight records (weigh station)
- Failed tire for defect analysis
8. Brake Failure Accidents: When the Truck Can’t Stop
What happens: The truck’s braking system fails or underperforms, preventing the driver from stopping in time.
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
Common causes in City of Callisburg:
- Worn brake pads or shoes not replaced
- Improper brake adjustment (too loose)
- Air brake system leaks or failures
- Overheated brakes on long descents
- Contaminated brake fluid
- Deferred maintenance to save costs
Evidence we pursue:
- Brake inspection and maintenance records
- Out-of-service inspection history
- ECM data showing brake application and effectiveness
- Post-crash brake system analysis
9. Cargo Spill/Shift Accidents: When the Load Becomes the Danger
What happens: Improperly secured cargo falls from the truck or shifts during transit, causing accidents.
Types:
- 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
Why they’re common in City of Callisburg:
- Agricultural loads may not be properly secured
- Rural roads may have less frequent inspections
- Local carriers may not follow all FMCSA requirements
- Improper loading at distribution centers
Evidence we gather:
- Cargo securement inspection photos
- Bill of lading and cargo manifest
- Loading company records
- Tiedown specifications and condition
10. Head-On Collisions: When the Truck Crosses the Line
What happens: The truck crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.
Why they’re among the deadliest:
- Combined speed of both vehicles
- Direct impact to passenger compartment
- Often occur at highway speeds
Common causes in City of Callisburg:
- 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
Evidence we pursue:
- 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
The Catastrophic Injuries That Change Lives Forever
The injuries from 18-wheeler accidents in City of Callisburg are often life-altering. The massive size and weight of commercial trucks create forces that passenger vehicles simply can’t withstand.
Traumatic Brain Injury (TBI): The Invisible Devastation
What it is: Damage to the brain from sudden trauma, often when the head strikes an object or from violent shaking.
Severity levels:
- Mild (Concussion): Confusion, headache, brief loss of consciousness
- Moderate: Extended unconsciousness, memory problems, cognitive deficits
- Severe: Extended coma, permanent cognitive impairment
Symptoms you might not notice immediately:
- Headaches that worsen over time
- Memory lapses or confusion
- Mood swings or personality changes
- Difficulty concentrating
- Sleep disturbances
- Sensitivity to light or sound
Long-term consequences:
- Permanent cognitive impairment
- Inability to return to work
- Need for lifelong 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 Movement Becomes Impossible
What it is: Damage to the spinal cord that disrupts communication between the brain and body.
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
Level of injury matters:
- Higher injuries (cervical spine) affect more body functions
- C1-C4 injuries may require ventilator for breathing
- Lower injuries (lumbar) affect legs but not arms
Lifetime care costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
Amputation: When Life Is Divided into Before and After
Types of amputation:
- Traumatic Amputation: Limb severed at the scene
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Common in 18-wheeler accidents due to:
- Crushing forces from truck impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Ongoing medical needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
Severe Burns: When the Skin Can’t Protect You
How burns occur in 18-wheeler accidents:
- Fuel tank rupture and fire
- Hazmat cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burn classification:
- First Degree: Epidermis only (minor, heals without scarring)
- Second Degree: Epidermis and dermis (may scar, may need grafting)
- Third Degree: Full thickness (requires skin grafts, permanent scarring)
- Fourth Degree: Through skin to muscle/bone (multiple surgeries, amputation may be required)
Long-term consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage: The Silent Killer
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 dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Requires emergency surgery
- Organ removal affects long-term health
Wrongful Death: When the Unthinkable Happens
When a trucking accident kills a loved one:
Wrongful death claims allow surviving family members to recover compensation when negligence causes a death.
Who can bring a wrongful death claim in Texas:
- Surviving spouse
- Children (minor and adult)
- Parents (especially if no spouse or children)
- Estate representative
Types of damages available:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses before death
- Pain and suffering experienced by decedent before death
- Punitive damages (if gross negligence)
Texas statute of limitations: 2 years from date of death
Who’s Really Responsible? The Web of Liability in City of Callisburg Trucking Accidents
In car accidents, usually only one driver is at fault. In 18-wheeler accidents, MULTIPLE parties can share responsibility. Holding all of them accountable is how we maximize your recovery.
The 10 Potentially Liable Parties in Your City of Callisburg Trucking Accident
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:
- 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:
- 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:
- 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:
- 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:
- 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:
- 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:
- 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:
- 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:
- 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:
- Sovereign immunity limits government liability
- Strict notice requirements and short deadlines
- Must prove actual notice of dangerous condition in many cases
Evidence we pursue:
- Road design specifications
- Maintenance records
- Prior accident history at location
- Citizen complaints about condition
The Evidence That Wins Your Case: What Disappears in 48 Hours
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.
The 48-Hour Evidence Preservation Protocol
CRITICAL TIMELINES:
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your First Line of Defense
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 the 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
- 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 Truth Machine
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:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
Why This Data Wins Cases:
ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.
FMCSA Record Retention Requirements: The Clock Is Ticking
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:
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
Every 18-wheeler on American highways must comply with federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.
When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.
The 6 Critical Parts of FMCSA Regulations
| Part | Title | What It Covers |
|---|---|---|
| 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 |
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.”
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 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
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)
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.
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 | Must take 30-minute break after 8 cumulative hours of driving | Impaired alertness |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Cumulative fatigue |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate recovery |
| 10-Hour Off-Duty | Must have minimum 10 consecutive hours off duty before driving | Insufficient rest |
SLEEPER BERTH PROVISION (49 CFR § 395.1(g)):
Drivers using sleeper berth may split 10-hour off-duty period:
- At least 7 consecutive hours in sleeper berth
- Plus at least 2 consecutive hours off-duty (in berth or otherwise)
- Neither period counts against 14-hour window
ELECTRONIC LOGGING DEVICE (ELD) MANDATE (49 CFR § 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:
- Automatically record driving time
- Synchronize with vehicle engine to record objective data
- Cannot be altered after the fact (unlike paper logs)
- Record GPS location, speed, engine hours
Why ELD Data Is Critical Evidence:
ELDs prove:
- Exactly how long the driver was on duty
- Whether breaks were taken as required
- Speed before and during the accident
- GPS location history
- Any HOS violations
WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.
Part 396: Inspection, Repair, and Maintenance
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 City of Callisburg Accidents
TOP 10 VIOLATIONS WE FIND IN 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 |
What Your City of Callisburg 18-Wheeler Accident Case Is Worth
Trucking accident cases in City of Callisburg can be worth significantly more than typical car accident cases because:
- Higher Insurance Limits: Trucking companies carry minimum $750,000 liability insurance (often $1-5 million)
- Catastrophic Injuries: The massive size and weight of trucks cause life-altering injuries
- Multiple Liable Parties: More defendants mean more insurance coverage
- Corporate Defendants: Trucking companies have deeper pockets than individual drivers
Factors That Determine Case Value
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)
Texas Damage Caps
Texas has specific rules about damage caps:
- Non-Economic Damages: No cap in personal injury cases (unlike medical malpractice)
- Punitive Damages: Capped at the greater of:
- (2 × economic damages) + (non-economic damages up to $750,000), OR
- $200,000
However, these caps don’t apply to all defendants or all situations. An experienced attorney can help maximize your recovery within these limits.
Documented Settlement Ranges for Trucking Accidents
Based on our experience and industry data, here are typical ranges for 18-wheeler accident cases in Texas:
| Injury Type | Typical Settlement Range |
|---|---|
| Soft Tissue (Whiplash) | $15,000 – $60,000 |
| Herniated Disc (Non-Surgical) | $50,000 – $200,000 |
| Herniated Disc (With Surgery) | $346,000 – $1,205,000 |
| Traumatic Brain Injury (Mod-Severe) | $1,548,000 – $9,838,000+ |
| Spinal Cord Injury (Paraplegia) | $4,770,000 – $25,880,000+ |
| Spinal Cord Injury (Quadriplegia) | $4,770,000 – $25,880,000+ |
| Amputation | $1,945,000 – $8,630,000 |
| Wrongful Death | $1,910,000 – $9,520,000+ |
Important Note: These are ranges, not guarantees. Every case is unique. Factors like liability clarity, insurance coverage, and the skill of your attorney affect the final amount.
The Nuclear Verdict Trend: What It Means for Your Case
In recent years, juries have been awarding massive verdicts against trucking companies—what the industry calls “nuclear verdicts.” These verdicts have changed the landscape of trucking litigation.
Recent Major Trucking Verdicts (2024-2025)
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $462 Million | 2024 | St. Louis, MO | Wabash National – two fatalities from underride collision |
| $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 verdict in Tarrant County history |
Historic Landmark Verdicts
| Amount | Year | Case Details |
|---|---|---|
| $1 Billion | 2021 | Florida |
| $411 Million | 2020 | Florida |
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 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.
At Attorney911, we prepare every case as if it’s going to trial. We gather the evidence, build the strongest possible case, and are fully prepared to take your case to a jury if that’s what it takes to get you the compensation you deserve.
The Insurance Battle: How They Try to Cheat You
Insurance companies are not on your side. They have one goal: to pay you as little as possible. Our team includes a former insurance defense attorney who knows exactly how they operate – and how to stop them.
Common Insurance Tactics & Our Counter-Strategies
| Insurance Company Tactic | Attorney911 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 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 |
The First Offer Is Always a Lowball
Insurance companies train their adjusters to make quick, low settlement offers. These offers are designed to:
- Get you to accept before you understand your full injuries
- Get you to accept before you consult an attorney
- Get you to accept before you know the true value of your case
Never accept any settlement offer without consulting an attorney first.
The Legal Process: What to Expect
Step 1: Free Consultation
The first step is a free, no-obligation consultation. We’ll:
- Listen to your story
- Review the facts of your accident
- Explain your legal options
- Answer your questions
- Help you understand what to expect
Call us now at 1-888-ATTY-911 to schedule your free consultation.
Step 2: Case Investigation
Once you retain us, we immediately begin investigating your case:
- Send spoliation letters to preserve evidence
- Obtain police reports
- Interview witnesses
- Collect medical records
- Analyze ECM/ELD data
- Consult with accident reconstruction experts
- Review FMCSA compliance records
Step 3: Medical Treatment & Documentation
We’ll help you get the medical treatment you need and ensure all injuries are properly documented. This includes:
- Connecting you with appropriate medical providers
- Ensuring all injuries are documented
- Tracking all medical expenses
- Documenting your pain and suffering
Step 4: Demand Letter
Once you’ve completed treatment (or reached maximum medical improvement), we’ll send a comprehensive demand letter to the insurance company. This letter will:
- Outline the facts of the accident
- Document your injuries and damages
- Demand fair compensation
Step 5: Negotiation
We’ll negotiate aggressively with the insurance company to reach a fair settlement. This may involve:
- Multiple rounds of negotiation
- Mediation (a formal settlement conference)
- Preparing for trial if necessary
Step 6: Litigation (If Necessary)
If we can’t reach a fair settlement, we’re fully prepared to take your case to court. This may involve:
- Filing a lawsuit
- Conducting discovery (interrogatories, depositions)
- Filing motions
- Preparing for trial
Step 7: Trial or Settlement
Most cases settle before trial, but we prepare every case as if it’s going to trial. This preparation gives us leverage in settlement negotiations and ensures we’re ready to fight for you in court if necessary.
Why Choose Attorney911 for Your City of Callisburg Trucking Accident Case
When you’re facing the aftermath of a catastrophic 18-wheeler accident in City of Callisburg, you need more than just a lawyer. You need a team with:
- Proven Experience: 25+ years fighting trucking companies
- Insider Knowledge: Former insurance defense attorney on staff
- Local Expertise: We know City of Callisburg’s roads, courts, and trucking patterns
- Aggressive Representation: We don’t back down from big trucking companies
- Compassionate Service: We treat you like family, not a case number
Our Track Record Speaks for Itself
- $50+ Million Recovered for Texas families
- Multi-Million Dollar Settlements in catastrophic injury cases
- 251+ Google Reviews with 4.9-star average
- 25+ Years of Experience since 1998
- Federal Court Admission to the U.S. District Court, Southern District of Texas
- Former Insurance Defense Attorney on staff – knows their tactics from the inside
What Our Clients Say About Us
“They treated me like FAMILY, not just another case number.”
— Chad Harris, Attorney911 Client
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle
“Ralph reached out personally.”
— Dame Haskett
Our Unique Advantage: The Insurance Defense Insider
Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm. He knows:
- How insurance companies evaluate claims
- How adjusters are trained to minimize payouts
- What makes them settle cases
- How they try to shift blame onto victims
- The tactics they use to deny legitimate claims
Now he uses that insider knowledge to fight for YOU.
We Handle Cases Other Firms Reject
“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.”
— Donald Wilcox, Attorney911 Client
“In the beginning I had another attorney but he dropped my case although Manginello law firm were able to help me out.”
— Greg Garcia
We take cases other firms won’t touch. If you’ve been told your case is too difficult, call us. We may be able to help.
We Fight for Maximum Compensation
Trucking companies have teams of lawyers working to minimize your claim. You need someone fighting just as hard for you. We:
- Investigate every possible liable party
- Gather all available evidence
- Consult with top experts
- Prepare every case as if it’s going to trial
- Never accept lowball settlement offers
We Offer Free Consultations and Work on Contingency
You pay nothing unless we win your case. There are no upfront fees, no retainers, and no bills. When we win, our fee comes from the recovery – you never receive a bill from us.
What to Do Right Now: Your 48-Hour Action Plan
1. Call Attorney911 Immediately
- Phone: 1-888-ATTY-911 (1-888-288-9911)
- Available: 24/7 – We answer trucking accident calls immediately
2. Don’t Talk to Insurance Adjusters
- Insurance adjusters work for the trucking company, not you
- Anything you say can and will be used against you
- Refer all calls to your attorney
3. Follow Your Doctor’s Orders
- Get all recommended medical treatment
- Attend all follow-up appointments
- Document all symptoms and limitations
4. Document Everything
- Keep a journal of your pain levels and symptoms
- Save all medical bills and receipts
- Document how your injuries affect your daily life
5. 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
Frequently Asked Questions About City of Callisburg Trucking Accidents
What should I do immediately after an 18-wheeler accident in City of Callisburg?
If you’ve been in a trucking accident in City of Callisburg, 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. City of Callisburg hospitals and medical centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene in City of Callisburg?
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 City of Callisburg?
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.
What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to an airplane’s black box. This data can show:
- Speed before and during the crash
- Brake application timing
- Throttle position
- Following distance
- Hours of service violations
- GPS location
This objective data often contradicts what drivers claim happened and is critical evidence in proving negligence.
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
Who can I sue after an 18-wheeler accident in City of Callisburg?
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 injuries are common in 18-wheeler accidents in City of Callisburg?
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 City of Callisburg?
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 City of Callisburg?
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 City of Callisburg?
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.
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.
What is the difference between economic and non-economic damages?
- Economic Damages: Calculable losses like medical bills, lost wages, property damage
- Non-Economic Damages: Quality of life impacts like pain and suffering, mental anguish, loss of enjoyment
Both types of damages are recoverable in trucking accident cases.
When are punitive damages available?
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)
How do you prove the driver was fatigued?
We gather evidence including:
- ELD data showing hours of service violations
- Dispatch records showing schedule pressure
- Driver Qualification File showing past violations
- Witness testimony about driver behavior
- Video evidence from dashcams or surveillance
How do you prove cargo securement violations?
We obtain:
- Cargo securement inspection photos
- Bill of lading and cargo manifest
- Loading company records
- Tiedown specifications and condition
- Driver training on securement procedures
What if the truck’s brakes failed?
Brake failures cause 29% of truck accidents. We investigate:
- Brake inspection and maintenance records
- Out-of-service inspection history
- ECM data showing brake application
- Post-crash brake system analysis
- Driver vehicle inspection reports (DVIRs)
What if the trucking company goes bankrupt?
Even if the trucking company goes bankrupt, we can often still recover from:
- Their insurance company
- Other liable parties (driver, cargo owner, maintenance company, etc.)
- The truck owner (if different from carrier)
- The freight broker
Can I access the trucking company’s safety record?
Yes. FMCSA maintains public safety records at safer.fmcsa.dot.gov. We obtain the carrier’s:
- CSA scores
- Inspection history
- Crash history
- Safety rating
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
What if I was partially at fault for the accident?
Texas follows “modified comparative negligence.” As long as you’re not more than 50% at fault, you can still recover damages. Your recovery will be reduced by your percentage of fault. For example, if you’re 20% at fault, you recover 80% of your damages.
How are future medical expenses calculated?
We work with medical and economic experts to:
- Project your future medical needs
- Calculate the cost of future treatment
- Account for inflation
- Determine present value of future costs
This ensures you’re compensated for all your medical expenses, not just those you’ve already incurred.
What is loss of consortium?
Loss of consortium refers to the impact of your injuries on your relationship with your spouse. This can include:
- Loss of companionship
- Loss of affection
- Loss of sexual relations
- Loss of household services
Your spouse may be able to recover compensation for these losses.
How do you calculate pain and suffering?
Pain and suffering is subjective and doesn’t have a fixed value. We consider:
- Severity of your injuries
- Duration of your pain
- Impact on your daily life
- Emotional distress
- Expert testimony
We use methods like the multiplier method (multiplying economic damages) or per diem method (daily rate for pain) to calculate a fair value.
What if the truck driver was an independent contractor?
Even if the driver was an independent contractor, the trucking company may still be liable for:
- Negligent selection of the contractor
- Negligent supervision
- Negligent training
- Negligent maintenance of equipment
We investigate all relationships to determine liability.
What if the truck was hauling hazardous materials?
Hazmat trucking accidents present additional risks and liability issues. The trucking company must:
- Have proper hazmat certification
- Follow specific loading and securement procedures
- Maintain $5 million in liability insurance
- Ensure drivers have hazmat training
Hazmat spills can cause additional injuries and environmental damage, increasing the potential value of your case.
What if the accident happened in a construction zone?
Construction zones present additional hazards and liability issues. We investigate:
- Whether proper signage was in place
- Whether the construction zone was properly designed
- Whether the trucking company followed construction zone speed limits
- Whether the construction company maintained a safe work zone
Government entities and construction companies may share liability for construction zone accidents.
What if the truck driver was distracted?
Distracted driving is a major cause of trucking accidents. We investigate:
- Cell phone records for texting or calls
- Dispatch communications that may have distracted the driver
- In-cab electronics that may have taken the driver’s attention
- ECM data showing erratic driving patterns
What if the truck driver was under the influence?
Drug and alcohol violations are serious FMCSA violations. We obtain:
- Post-accident drug and alcohol test results
- Driver’s drug and alcohol testing history
- Dispatch records that may indicate impairment
- Witness testimony about driver behavior
What if the trucking company falsified records?
Falsifying records (like hours of service logs) is a serious violation that can lead to punitive damages. We investigate:
- ELD data vs. paper logs
- Dispatch records vs. driver logs
- Maintenance records vs. actual maintenance
- Training records vs. actual training
What if the trucking company destroyed evidence?
Destroying evidence after receiving notice of litigation 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
This is why we send spoliation letters immediately.
What if I don’t have health insurance?
We can help you get the medical treatment you need through:
- Letters of Protection (LOP) with medical providers
- Medical liens
- Health insurance (if available)
- Medicaid or Medicare (if eligible)
We work with medical providers who will treat you now and get paid from your settlement.
Can I still recover if the truck driver fled the scene?
Yes. We’ll work with law enforcement to identify the driver and trucking company. We’ll also investigate:
- Surveillance footage from nearby businesses
- Witness testimony
- License plate readers
- Trucking company dispatch records
Your own uninsured/underinsured motorist coverage may also apply.
What if the trucking company is based in another state?
Federal trucking regulations apply to all interstate trucking. We can pursue claims against out-of-state trucking companies. Our federal court admission allows us to handle cases across state lines.
What if I was a passenger in the truck?
Passengers in trucks have the same rights as other accident victims. You can pursue claims against:
- The truck driver
- The trucking company
- Other liable parties
Your own auto insurance may also provide coverage.
What if I was on a motorcycle when hit by the truck?
Motorcyclists are particularly vulnerable in trucking accidents. We’ll pursue all available claims, including:
- The truck driver’s liability coverage
- The trucking company’s insurance
- Your own uninsured/underinsured motorist coverage
- Other liable parties
What if I was a pedestrian or bicyclist hit by a truck?
Pedestrians and bicyclists have the same rights as other accident victims. We’ll pursue all available claims, including:
- The truck driver’s liability coverage
- The trucking company’s insurance
- Other liable parties
What if the truck hit multiple vehicles?
Multi-vehicle accidents present complex liability issues. We’ll investigate:
- The sequence of events
- Each driver’s actions
- The truck driver’s actions
- All available insurance coverage
What if the trucking company offers me a rental car?
Be careful. Accepting a rental car may affect your property damage claim. Before accepting any offer, consult with an attorney to ensure you’re not waiving any rights.
Should I sign a medical authorization for the insurance company?
NO. Medical authorizations give insurance companies access to your complete medical history, which they’ll use to find pre-existing conditions to blame for your injuries. Never sign any documents from an insurance company without consulting an attorney first.
What if the insurance company says my injuries aren’t serious?
Insurance companies often downplay injuries to minimize claims. Don’t let them decide the value of your injuries. Get medical treatment, follow your doctor’s orders, and let your attorney handle the insurance company.
Can I still recover if I didn’t go to the hospital immediately?
Yes, but it’s more difficult. Insurance companies use delays in treatment to argue that your injuries weren’t caused by the accident. If you didn’t go to the hospital immediately, see a doctor as soon as possible and explain why there was a delay.
What if the trucking company says the accident was unavoidable?
Trucking companies often claim accidents were unavoidable to avoid liability. We investigate:
- ECM data showing speed and braking
- ELD data showing fatigue
- Maintenance records showing vehicle condition
- Driver history showing past violations
- Witness testimony
Most “unavoidable” accidents are actually the result of negligence.
What if the trucking company says I was in their blind spot?
Blind spot accidents are common, but they’re usually preventable. We investigate:
- Whether the driver checked mirrors before changing lanes
- Whether mirrors were properly adjusted
- Whether the driver used turn signals
- Whether the driver should have seen you
What if the trucking company says I was speeding?
We investigate:
- ECM data showing your speed
- Witness testimony about your speed
- Accident reconstruction analysis
- Whether speed was a factor in the accident
Even if you were speeding, the truck driver may still be primarily at fault.
What if the trucking company says the accident was caused by weather?
Weather conditions are often used as an excuse, but truck drivers have a duty to adjust their driving to conditions. We investigate:
- Whether the driver reduced speed for conditions
- Whether the driver had proper training for adverse conditions
- Whether the truck was properly maintained for weather conditions
- Whether the trucking company had proper weather policies
What if the trucking company says the accident was caused by a mechanical failure?
Mechanical failures are often the result of negligent maintenance. We investigate:
- Maintenance records
- Inspection history
- Driver vehicle inspection reports
- Whether the failure was known and ignored
What if the trucking company says the cargo shifted?
Cargo shift accidents are often the result of improper securement. We investigate:
- Cargo securement procedures
- Loading company records
- Tiedown specifications and condition
- Whether the driver inspected the load
What if the trucking company says the other driver caused the accident?
Even if another driver was involved, the truck driver and trucking company may still be liable. We investigate all possible causes and liable parties.
What if the trucking company says I didn’t mitigate my damages?
Insurance companies often claim victims didn’t mitigate damages to minimize claims. We document:
- All medical treatment you received
- All doctor’s recommendations you followed
- All efforts to return to work
- All efforts to resume normal activities
What if the trucking company says my injuries are pre-existing?
Insurance companies often blame pre-existing conditions for injuries. Under the “eggshell skull” doctrine, defendants take victims as they find them. If the accident worsened a pre-existing condition, you’re still entitled to compensation.
What if the trucking company says I’m exaggerating my injuries?
Insurance companies often accuse victims of exaggerating injuries. We document:
- All medical treatment
- All doctor’s reports
- Your pain levels and limitations
- How injuries affect your daily life
What if the trucking company says I’m not really hurt?
Insurance companies often claim victims aren’t really hurt to minimize claims. We document:
- All medical treatment
- All doctor’s reports
- Your pain levels and limitations
- How injuries affect your daily life
What if the trucking company says I waited too long to file a claim?
The statute of limitations in Texas is 2 years, but you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
Can I still recover if I was working when the accident happened?
If you were working when the accident happened, you may have both a workers’ compensation claim and a personal injury claim. We can help you navigate both systems to maximize your recovery.
What if I was in a company vehicle when the accident happened?
If you were in a company vehicle, you may have multiple claims:
- Workers’ compensation (if you were working)
- Personal injury against the truck driver and trucking company
- Your own auto insurance
We can help you navigate all available claims.
What if I was a truck driver injured in the accident?
If you were a truck driver injured in the accident, you may have:
- Workers’ compensation claims
- Personal injury claims against other drivers
- Claims against your employer if they were negligent
We can help you navigate all available claims.
What if my child was injured in the accident?
If your child was injured, you can pursue a claim on their behalf. We’ll work to recover compensation for:
- Medical expenses
- Pain and suffering
- Future medical needs
- Future lost earning capacity
What if I lost a loved one in the accident?
If you lost a loved one, you may have a wrongful death claim. We can help you recover compensation for:
- Lost future income
- Loss of companionship and guidance
- Mental anguish
- Funeral expenses
- Punitive damages if gross negligence
What if I don’t live in City of Callisburg?
We handle trucking accident cases throughout Texas and across the United States. If you were injured in a City of Callisburg trucking accident, we can help regardless of where you live.
Can I handle my trucking accident case without an attorney?
Technically yes, but it’s a terrible idea. Trucking accident cases are complex:
- Multiple liable parties
- Complex federal regulations
- Massive insurance policies
- Aggressive insurance company tactics
Statistics show that people with attorneys receive significantly higher settlements – even after paying legal fees.
How much does it cost to hire Attorney911?
Nothing upfront. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. When we win, our fee comes from the recovery. You never receive a bill from us.
What percentage of the settlement does the lawyer get?
Our contingency fee is typically 33.33% to 40% of the recovery, depending on the complexity of the case and whether litigation is required. All fee arrangements are in writing.
How long will my case take?
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 I have to go to court?
Most cases settle before trial, but we prepare every case as if it’s going to trial. This preparation gives us leverage in settlement negotiations and ensures we’re ready to fight for you in court if necessary.
What if I don’t want to go to court?
We understand that going to court can be stressful. We work hard to reach a fair settlement without going to trial. However, if the insurance company refuses to offer a fair settlement, we’re fully prepared to take your case to court to get you the compensation you deserve.
How often will you update me on my case?
We believe in open communication. You’ll receive:
- Regular updates on case progress
- Copies of all important documents
- Prompt responses to your questions
- Direct access to your legal team
You should never feel left in the dark about your case.
Who will be handling my case?
You’ll have a dedicated legal team including:
- An experienced attorney
- A case manager
- A paralegal
Our managing partner, Ralph Manginello, is personally involved in every case.
Can I call you anytime?
Yes. We’re available 24/7 for emergencies. For non-emergency matters, we return all calls within 24 hours.
What if I have more questions?
We’re here to answer all your questions. Call us at 1-888-ATTY-911 anytime. There’s no obligation, and the consultation is free.
Hablamos Español: Legal Help in Your Language
At Attorney911, we understand that many trucking accident victims in City of Callisburg speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.
Hablamos Español. Llame al 1-888-ATTY-911 para una consulta gratis.
Lupe Peña spent years working for a national insurance defense firm before joining Attorney911. He knows exactly how insurance companies evaluate claims and how to fight their tactics. Now he uses that insider knowledge to fight for YOU.
Whether you need help understanding your rights, communicating with insurance companies, or navigating the legal system, we’re here to help in the language you’re most comfortable with.
Your Fight Starts Now: Call Attorney911 Today
If you or a loved one has been hurt in an 18-wheeler accident in City of Callisburg, you’re facing one of the most challenging times of your life. The pain is constant. The medical bills are mounting. The trucking company’s insurance adjuster is calling.
You don’t have to face this alone.
At Attorney911, we’ve been fighting for trucking accident victims 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 18-wheeler crashes.
Most importantly, our team includes a former insurance defense attorney. He spent years inside the system—learning how insurance companies evaluate claims, how they train adjusters to minimize payouts, and how they try to shift blame onto victims. Now he uses that insider knowledge to fight for YOU.
Call us now at 1-888-ATTY-911 for a free consultation.
Evidence disappears fast—black box data can be overwritten in 30 days. We’ll send a preservation letter today to protect your case.
You pay nothing unless we win. We advance all costs of investigation and litigation. When we win, our fee comes from the recovery—you never receive a bill from us.
The trucking company has a team of lawyers working to protect them. You deserve the same level of representation. Call Attorney911 now at 1-888-ATTY-911.
Attorney911: Because Trucking Companies Shouldn’t Get Away With It
We’re not just lawyers. We’re fighters. We’re advocates. We’re the team that stands between you and the trucking companies that think they can push people around.
For 25+ years, we’ve been holding trucking companies accountable for their negligence. We’ve secured multi-million dollar verdicts and settlements for families just like yours.
We know City of Callisburg’s trucking corridors. We know the local courts. We know how to fight for maximum compensation.
And we know how to win.
Call us now at 1-888-ATTY-911. Your fight starts today.