18-Wheeler Accidents in Erath County: Your Complete Legal Guide

Every year, hundreds of families across Texas face life-altering consequences from 18-wheeler accidents. In Erath County, where US-281 and State Highway 6 intersect with major freight routes, the risk is particularly high. If you or a loved one has been injured in a trucking accident on Erath County’s highways, you need experienced legal representation that understands both federal trucking regulations and the unique challenges of our local roadways.

At Attorney911, we’ve been fighting for truck accident victims in Erath County and throughout Texas for over 25 years. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements against some of the largest trucking companies in America. When you’re facing catastrophic injuries, mounting medical bills, and insurance companies that want to pay you as little as possible, you need a legal team that knows how to fight back—and win.

Why 18-Wheeler Accidents Are Different in Erath County

Trucking accidents aren’t like regular car accidents. The physics alone make them far more dangerous:

A fully loaded 18-wheeler can weigh up to 80,000 pounds—20-25 times more than a passenger car
At 65 mph, an 80,000-pound truck needs nearly 525 feet to stop—that’s nearly two football fields
The force of impact from a truck collision is often catastrophic, leading to life-altering injuries

In Erath County, our proximity to major freight corridors like US-281 and SH-6 means we see more than our share of trucking accidents. These routes connect to I-20 and I-35, bringing heavy commercial traffic through our communities. When accidents happen here, they often involve:

Fatigued drivers pushing their hours-of-service limits
Improperly secured cargo from local agricultural and manufacturing facilities
Trucks traveling at high speeds on our rural highways
Drivers unfamiliar with Erath County’s road conditions

Common Types of 18-Wheeler Accidents in Erath County

Jackknife Accidents

Jackknife accidents occur when the trailer and cab skid in opposite directions, folding like a pocket knife. On Erath County’s highways, these often happen when:

Drivers brake suddenly on wet or icy roads
Empty trailers swing out of control in high winds
Improper braking techniques are used on downhill grades

The results are devastating—trailers can sweep across multiple lanes, causing multi-vehicle pileups that leave victims with traumatic brain injuries, spinal cord damage, and wrongful death.

Underride Collisions

Underride accidents are among the most deadly types of trucking accidents. They occur when a smaller vehicle crashes into the rear or side of a trailer and slides underneath. The trailer’s height often shears off the top of the passenger vehicle, causing:

Decapitation
Catastrophic head and neck injuries
Wrongful death

Federal regulations require rear underride guards on trailers, but there are no federal requirements for side underride guards. Many trailers operating in Erath County lack adequate protection, putting our families at risk.

Rollover Accidents

Rollover accidents happen when trucks tip onto their sides or roofs. In Erath County, these are particularly common with:

Top-heavy loads from local agricultural processing facilities
Liquid cargo that shifts during turns
Speeding on curves and highway ramps

Rollover accidents often result in crushing injuries to vehicles trapped beneath the trailer, catastrophic injuries to truck occupants, and hazardous cargo spills that can affect entire communities.

Rear-End Collisions

Rear-end collisions with 18-wheelers are especially dangerous due to the massive weight difference. On Erath County’s highways, these often occur when:

Trucks follow too closely on US-281
Drivers are distracted by dispatch communications
Brake systems fail due to poor maintenance
Drivers are fatigued from long hauls

The stopping distance for a fully loaded truck is 40% longer than for a passenger vehicle, making these accidents particularly deadly.

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents happen when trucks swing wide before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing the vehicle that entered the gap. In Erath County, these are common at:

Intersections along SH-6
Entrances to local distribution centers
Rural road crossings

These accidents often involve pedestrians and cyclists who are completely crushed in the truck’s blind spot.

The Most Dangerous Trucking Corridors in Erath County

Our firm has handled trucking cases on every major highway in Erath County. The most dangerous corridors include:

US-281 Corridor

US-281 runs north-south through Erath County, connecting to major freight routes. This highway sees heavy truck traffic from:

Agricultural products being transported to processing facilities
Oil and gas equipment moving to drilling sites
General freight heading to distribution centers

The mix of high-speed truck traffic with local commuter vehicles creates dangerous conditions, particularly at intersections and during peak travel times.

State Highway 6

SH-6 is a major east-west route that connects to I-35 and serves as a critical freight corridor. Trucks use this highway to:

Transport goods between major distribution hubs
Move agricultural products from rural areas
Access industrial facilities in the region

The highway’s rural stretches can be particularly dangerous, with long straightaways that encourage speeding and limited emergency services available.

Rural County Roads

Many of Erath County’s rural roads weren’t designed for heavy truck traffic but now see regular use by:

Oil field service trucks
Agricultural haulers
Local delivery vehicles

These roads often have:

Narrow lanes
Limited shoulders
Poor lighting
Sharp curves
Inadequate signage

When accidents occur on these roads, emergency response times can be significantly delayed, worsening outcomes for victims.

Who Is Liable for Your Erath County Trucking Accident?

One of the most important differences between car accidents and trucking accidents is that MULTIPLE parties can be held liable for your injuries. In Erath County trucking cases, we often pursue claims against:

The Truck Driver

The driver may be personally liable for:

Speeding or reckless driving
Distracted driving (cell phone use, texting, dispatch communications)
Fatigued driving beyond legal limits
Impaired driving (drugs, alcohol)
Failure to conduct proper pre-trip inspections
Traffic law violations

The Trucking Company/Motor Carrier

Trucking companies are often the most important defendants because they carry the highest insurance limits. They can be held liable for:

Vicarious Liability:

The driver was an employee (not an independent contractor)
The driver was acting within the scope of employment
The accident occurred while performing job duties

Direct Negligence:

Negligent Hiring: Failed to check the driver’s background, driving record, or qualifications
Negligent Training: Inadequate training on safety, cargo securement, or hours of service
Negligent Supervision: Failed to monitor driver performance or ELD compliance
Negligent Maintenance: Failed to maintain vehicles in safe condition
Negligent Scheduling: Pressured drivers to violate HOS regulations

Cargo Owners and Shippers

The companies that own the cargo and arranged for its shipment can be liable for:

Providing improper loading instructions
Failing to disclose hazardous nature of cargo
Requiring overweight loading
Pressuring carriers to expedite beyond safe limits

Cargo Loading Companies

Third-party loading companies that physically load cargo may be liable for:

Improper cargo securement
Unbalanced load distribution
Exceeding vehicle weight ratings
Failure to use proper blocking, bracing, or tiedowns

Truck and Trailer Manufacturers

Manufacturers of the truck, trailer, or major components may be liable for:

Design defects (brake systems, stability control, fuel tank placement)
Manufacturing defects (faulty welds, component failures)
Failure to warn of known dangers

Parts Manufacturers

Companies that manufacture specific parts (brakes, tires, steering components) may be liable for:

Defective brake components
Defective tires causing blowouts
Defective steering mechanisms
Defective lighting components

Maintenance Companies

Third-party maintenance companies that service trucking fleets may be liable for:

Negligent repairs that failed to fix problems
Failure to identify critical safety issues
Improper brake adjustments
Using substandard or wrong parts

Freight Brokers

Freight brokers who arrange transportation but don’t own trucks may be liable for:

Negligent selection of carriers with poor safety records
Failure to verify carrier insurance and authority
Failure to check carrier CSA scores
Selecting the cheapest carrier despite safety concerns

Truck Owners (If Different from Carrier)

In owner-operator arrangements, the truck owner may have separate liability for:

Negligent entrustment of the vehicle
Failure to maintain owned equipment
Knowledge of the driver’s unfitness

Government Entities

Federal, state, or local government may be liable in limited circumstances for:

Dangerous road design that contributed to the accident
Failure to maintain roads (potholes, debris, worn markings)
Inadequate signage for known hazards
Failure to install safety barriers
Improper work zone setup

The Critical Evidence in Your Erath County Trucking Case

Evidence in trucking cases disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act fast, critical evidence will be lost forever.

Electronic Data That Must Be Preserved

ECM/Black Box Data:
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data. This data can show:

Speed before and during the crash
Brake application timing
Throttle position
Whether cruise control was engaged
GPS location

ELD Data:
Electronic Logging Devices (ELDs) are federally mandated devices that record:

Driver hours of service
Duty status
GPS location
Driving time

This data proves whether the driver violated federal rest requirements and was driving while fatigued.

Why This Data Is Critical:
This objective data often contradicts what drivers claim happened. It has led to multi-million dollar verdicts in trucking cases across Texas.

The 48-Hour Rule:
ECM data can be overwritten in as little as 30 days. ELD data may only be retained for 6 months. We send spoliation letters within 24-48 hours to preserve this evidence before it’s lost.

Other Critical Evidence

Driver Qualification File:
FMCSA requires trucking companies to maintain a file for every driver containing:

Employment application and resume
Background check and driving record
Previous employer verification
Medical certification
Drug test results
Training documentation

Missing or incomplete files prove negligent hiring.

Maintenance Records:
Trucking companies must maintain records showing:

Systematic inspection, repair, and maintenance
Pre-trip and post-trip inspection reports
Annual inspection records
Parts purchase and installation records

These records can prove deferred maintenance or known defects.

Hours of Service Records:
ELD records for the past 6 months show:

When the driver was on duty
When the driver was driving
When breaks were taken
Whether HOS violations occurred

Fatigue is a factor in 31% of fatal truck crashes.

Drug and Alcohol Test Results:
Federal regulations require:

Pre-employment drug testing
Random drug and alcohol testing
Post-accident testing

Positive results can prove impairment at the time of the accident.

Cell Phone Records:
These can prove distracted driving by showing:

Calls made or received
Text messages sent or received
Data usage during driving

Dashcam Footage:
Forward-facing and cab-facing cameras can show:

Road conditions
Driver behavior
The moments leading up to the crash

This footage is often overwritten within days.

Dispatch Records:
These show:

Trip assignments
Delivery deadlines
Communications between dispatch and driver

They can prove pressure to violate HOS regulations.

FMCSA Regulations: The Key to Proving Negligence

The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.

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 for your injuries.

The 6 Critical Parts of FMCSA Regulations

Part	Title	Key Requirements
Part 390	General Applicability	Defines who must comply (all CMVs in interstate commerce)
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

Common FMCSA Violations in Erath County Trucking Accidents

Hours of Service Violations (49 CFR Part 395):
These are among the most common violations we find in Erath County trucking cases.

11-Hour Driving Limit: Drivers cannot drive more than 11 hours after 10 consecutive hours off duty
14-Hour Duty Window: Drivers cannot drive beyond the 14th consecutive hour after coming on duty
30-Minute Break: Drivers must take a 30-minute break after 8 cumulative hours of driving
60/70-Hour Weekly Limit: Drivers cannot drive after 60 hours in 7 days or 70 hours in 8 days
34-Hour Restart: Drivers can restart their weekly clock with 34 consecutive hours off duty

Fatigued driving causes approximately 31% of fatal truck crashes. When drivers violate these rules, they’re too tired to react safely to changing road conditions.

Driver Qualification Violations (49 CFR Part 391):
Trucking companies must maintain a Driver Qualification (DQ) File for every driver containing:

Employment application
Motor Vehicle Record from state licensing authority
Road test certificate or equivalent
Medical examiner’s certificate (valid for up to 2 years)
Annual driving record review
Previous employer inquiries (3-year driving history investigation)
Drug and alcohol test records

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.

Vehicle Maintenance Violations (49 CFR Part 396):
Trucking companies must systematically inspect, repair, and maintain their vehicles. Common violations include:

Worn brake pads or shoes not replaced
Improper brake adjustments
Air brake system leaks or failures
Tire failures from poor maintenance
Non-functioning lights or reflectors
Failure to conduct pre-trip inspections

Brake problems are a factor in approximately 29% of large truck crashes.

Cargo Securement Violations (49 CFR Part 393):
Cargo must be properly secured to prevent:

Shifting that affects vehicle stability
Falling from the vehicle
Spilling onto the roadway

Cargo securement violations are among the top 10 most common FMCSA violations. In Erath County, we often see issues with:

Agricultural products not properly secured
Oil field equipment not properly blocked and braced
General freight with inadequate tiedowns

Drug and Alcohol Violations (49 CFR Part 392):
Drivers are prohibited from:

Operating a CMV while under the influence of any Schedule I substance
Operating while under the influence of alcohol (.04 BAC or higher)
Using alcohol within 4 hours of going on duty
Possessing alcohol while on duty

Positive drug or alcohol tests can prove impairment at the time of the accident.

The Catastrophic Injuries We See in Erath County Trucking Accidents

Due to the massive size and weight disparity between 18-wheelers and passenger vehicles, trucking accidents often result in catastrophic injuries that change lives forever.

Traumatic Brain Injury (TBI)

TBI occurs when a sudden trauma causes damage to the brain. In trucking accidents, the extreme forces cause the brain to impact the inside of the skull.

Severity Levels:

Level	Symptoms	Prognosis
Mild (Concussion)	Confusion, headache, brief loss of consciousness	Usually recovers, but may have lasting effects
Moderate	Extended unconsciousness, memory problems, cognitive deficits	Significant recovery possible with rehabilitation
Severe	Extended coma, permanent cognitive impairment	Lifelong disability, may require 24/7 care

Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity

Spinal Cord Injury and Paralysis

Spinal cord injuries disrupt communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

Type	Definition	Impact
Paraplegia	Loss of function below the waist	Cannot walk, may affect bladder/bowel control
Quadriplegia	Loss of function in all four limbs	Cannot walk or use arms, may need breathing assistance
Incomplete Injury	Some nerve function remains	Variable – may have some sensation or movement
Complete Injury	No nerve function below injury	Total loss of sensation and movement

Lifetime Care Costs:

Paraplegia (low): $1.1 million+
Paraplegia (high): $2.5 million+
Quadriplegia (low): $3.5 million+
Quadriplegia (high): $5 million+

Amputation

Amputations can occur when:

Limbs are severed at the scene due to crash forces
Limbs are so severely damaged they must be surgically removed
Infections from open wounds require surgical removal

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

Burns occur from:

Fuel tank ruptures and fires
Hazmat cargo spills and ignition
Electrical fires from battery/wiring damage
Friction burns from road contact
Chemical burns from hazmat exposure

Burn Classification:

Degree	Depth	Treatment
First	Epidermis only	Minor, heals without scarring
Second	Epidermis and dermis	May scar, may need grafting
Third	Full thickness	Requires skin grafts, permanent scarring
Fourth	Through skin to muscle/bone	Multiple surgeries, amputation may be required

Internal Organ Damage

Common internal injuries include:

Liver laceration or rupture
Spleen damage requiring removal
Kidney damage
Lung contusion or collapse (pneumothorax)
Internal bleeding (hemorrhage)
Bowel and intestinal damage

These injuries are particularly dangerous because they may not show immediate symptoms, and internal bleeding can be life-threatening.

Wrongful Death

When a trucking accident kills a loved one, surviving family members can bring a wrongful death claim. In Erath County, this allows recovery for:

Lost future income and benefits
Loss of consortium (spousal companionship and relationship)
Loss of parental guidance and nurturing (for surviving children)
Mental anguish and emotional distress
Funeral and burial expenses
Medical expenses incurred prior to death
Pain and suffering experienced by the decedent before death
Punitive damages (in cases of gross negligence)

The Insurance Battle: What You’re Really Up Against

Trucking companies don’t just have lawyers—they have entire teams dedicated to minimizing your claim. Our firm includes a former insurance defense attorney who knows exactly how these teams operate. Here’s what you’re up against:

The Rapid Response Team

Within hours of an accident, trucking companies deploy rapid response teams to:

Secure the accident scene
Collect evidence favorable to the trucking company
Interview witnesses before they talk to you
Begin building their defense strategy

This is why you need to call us IMMEDIATELY after an accident in Erath County. The sooner we get involved, the better we can protect your interests.

The Insurance Adjuster’s Playbook

Insurance adjusters are trained to:

Make Quick, Lowball Offers: They’ll contact you within days of the accident, before you understand the full extent of your injuries, and offer a quick settlement that’s far less than your case is worth.
Deny or Minimize Your Injuries: They’ll argue that your injuries aren’t as serious as you claim, or that they were pre-existing.
Blame You for the Accident: They’ll look for any evidence that you were partially at fault, even if it’s not true.
Delay the Claims Process: They know that if they can delay long enough, you may become desperate and accept a low offer.
Use Your Words Against You: Anything you say to an adjuster can be used to minimize your claim. They’re trained to ask leading questions that get you to say things that hurt your case.
Claim Pre-Existing Conditions: They’ll argue that your injuries existed before the accident.
Attack Gaps in Treatment: If you have any gaps in your medical treatment, they’ll argue that you weren’t really injured.
Send Surveillance Investigators: They may hire investigators to follow you and document your activities, hoping to catch you doing something that contradicts your injury claims.
Hire “Independent” Medical Examiners: They’ll send you to doctors who work for the insurance company to get opinions that minimize your injuries.
Drown You in Paperwork: They’ll overwhelm you with requests for documentation to delay your claim.

Our Insider Advantage

Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows:

How insurance companies value claims
How adjusters are trained to minimize payouts
What makes them settle
How they deny claims
How to counter every tactic they use

This insider knowledge gives us a significant advantage in building your case and negotiating with the insurance company.

What Your Erath County Trucking Accident Case Is Worth

The value of your case depends on many factors, including:

The severity of your injuries
Your medical expenses (past and future)
Your lost income and earning capacity
Your pain and suffering
The degree of the defendant’s negligence
The insurance coverage available

Economic Damages (Calculable Losses)

Medical expenses (past, present, and future)
Lost wages and income
Lost earning capacity (if you can’t return to your previous job)
Property damage (vehicle repair or replacement)
Out-of-pocket expenses (transportation to medical appointments, home modifications)
Life care costs (ongoing care for catastrophic injuries)

Non-Economic Damages (Quality of Life)

Pain and suffering (physical pain from injuries)
Mental anguish (psychological trauma, anxiety, depression)
Loss of enjoyment of life (inability to participate in activities you enjoyed)
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 for most personal injury cases (unlike medical malpractice, which has a $250,000 cap)
Punitive Damages: Capped at the greater of (2x economic damages + non-economic damages up to $750,000) or $200,000

Real-World Examples

While every case is unique, here are some real-world examples of trucking accident verdicts and settlements:

$730 Million (Texas, 2021): Ramsey v. Landstar – Navy propeller oversize load killed 73-year-old woman; $480M compensatory + $250M punitive
$150 Million (Texas, 2022): Werner settlement – Two children killed on I-30; largest 18-wheeler settlement in US history
$462 Million (Missouri, 2024): Underride decapitation case
$160 Million (Alabama, 2024): Daimler – Rollover left driver quadriplegic; $75M compensatory + $75M punitive
$37.5 Million (Texas, 2024): Trucking accident verdict
$35.5 Million (Texas): Family injured in truck accident
$35 Million (Texas, 2025): Fort Worth – Largest verdict in Tarrant County

These verdicts show what’s possible when trucking companies are held fully accountable for their negligence.

The Legal Process: What to Expect in Your Erath County Case

Step 1: Free Consultation

We offer free, no-obligation consultations to evaluate your case. During this consultation, we’ll:

Review the facts of your accident
Discuss your injuries and medical treatment
Explain your legal rights and options
Answer all your questions

Step 2: Case Acceptance

If we believe we can help you, we’ll accept your case on a contingency fee basis. This means:

You pay nothing upfront
We advance all costs of investigation and litigation
You only pay if we win your case
Our fee comes from the recovery, not your pocket

Step 3: Investigation

Our investigation begins immediately and includes:

Sending spoliation letters to preserve evidence
Obtaining police reports and accident scene photos
Collecting witness statements
Subpoenaing ECM, ELD, and maintenance records
Hiring accident reconstruction experts
Reviewing medical records to document injuries

Step 4: Medical Care Facilitation

We help connect you with medical providers, even if you don’t have health insurance. We work with:

Trauma centers and specialists in Erath County
Doctors who will treat you under a Letter of Protection (LOP)
Rehabilitation facilities for ongoing care

Step 5: Demand Letter

Once we have a complete understanding of your injuries and damages, we’ll send a comprehensive demand letter to the insurance company. This letter will include:

A detailed description of the accident
Documentation of all your injuries
Calculation of all your damages
A demand for settlement

Step 6: Negotiation

We’ll negotiate aggressively with the insurance company to reach a fair settlement. Our goal is to:

Reject lowball offers
Counter with demands based on the true value of your case
Use our insider knowledge to maximize your recovery

Step 7: Litigation (If Necessary)

If the insurance company refuses to make a fair offer, we’re prepared to file a lawsuit and take your case to trial. This involves:

Filing the lawsuit in the appropriate Erath County court
Conducting discovery (interrogatories, depositions, document requests)
Taking depositions of the truck driver, safety manager, and other key witnesses
Presenting your case to a jury

Step 8: Resolution

Most cases settle before trial, but we prepare every case as if it’s going to trial. This approach:

Creates leverage in settlement negotiations
Shows the insurance company we’re serious
Ensures we’re ready if the case does go to trial

Why Choose Attorney911 for Your Erath County Trucking Case

25+ Years of Experience

Ralph Manginello has been fighting for injury victims in Texas since 1998. He has:

Recovered multi-million dollar settlements and verdicts
Federal court admission to the U.S. District Court, Southern District of Texas
Experience in BP explosion litigation against multinational corporations
A track record of holding trucking companies accountable

Insider Knowledge of Insurance Tactics

Our team includes Lupe Peña, a former insurance defense attorney who knows:

How insurance companies evaluate claims
How adjusters are trained to minimize payouts
What makes them settle
How they deny claims
How to counter every tactic they use

Deep Familiarity with Erath County

We know Erath County’s:

Trucking corridors and freight routes
Local courts and judges
Distribution centers and weigh stations
Accident patterns and high-risk areas
Local trauma centers and medical providers

Proven Track Record

We’ve recovered millions for Texas families, including:

$5+ Million – Logging brain injury settlement
$3.8+ Million – Car accident amputation settlement
$2+ Million – Maritime back injury settlement
$2.5+ Million – Truck crash recovery
Millions recovered for families in trucking-related wrongful death cases

Federal Court Capability

Our admission to the U.S. District Court, Southern District of Texas means we can handle:

Interstate trucking cases
Complex multi-party litigation
Cases involving federal regulations

Bilingual Services

Many trucking accident victims in Erath County 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.

No Fee Unless We Win

We work on a contingency fee basis:

You pay nothing upfront
We advance all costs of investigation and litigation
You only pay if we win your case
Our fee comes from the recovery, not your pocket

What to Do If You’ve Been in an 18-Wheeler Accident in Erath County

If you or a loved one has been injured in a trucking accident in Erath County, follow these steps:

Call 911 and Report the Accident
- Request police and emergency medical services
- Report all injuries, even if they seem minor
Seek Medical Attention Immediately
- Adrenaline masks pain after traumatic accidents
- Internal injuries may not show symptoms for hours or days
- Medical records will be critical evidence in your case
Document the Scene
- Take photos of all vehicle damage
- Photograph the accident scene, road conditions, and skid marks
- Get the truck driver’s name, CDL number, and contact information
- Get the trucking company’s name and DOT number
- Collect witness names and contact information
Do NOT Give Recorded Statements
- Insurance adjusters will call you within hours
- Anything you say can and will be used against you
- Politely decline to give statements until you’ve spoken with an attorney
Call Attorney911 Immediately
- Evidence disappears quickly in trucking cases
- We’ll send spoliation letters to preserve critical evidence
- The sooner we get involved, the stronger your case will be

Frequently Asked Questions About Erath County Trucking Accidents

What should I do immediately after an 18-wheeler accident in Erath County?

If you’ve been in a trucking accident in Erath County, take these steps immediately if you’re able:

Call 911 and report the accident
Seek medical attention, even if injuries seem minor
Document the scene with photos and video if possible
Get the trucking company name, DOT number, and driver information
Collect witness contact information
Do NOT give recorded statements to any insurance company
Call an 18-wheeler accident attorney immediately

Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Erath County hospitals and trauma 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 Erath County?

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 Erath County?

IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

What is a spoliation letter and why is it important?

A spoliation letter is a formal legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.

Who can I sue after an 18-wheeler accident in Erath County?

Multiple parties may be liable in trucking accidents:

The truck driver
The trucking company/motor carrier
The cargo owner or shipper
The company that loaded the cargo
Truck or parts manufacturers
Maintenance companies
Freight brokers
The truck owner (if different from carrier)
Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

Is the trucking company responsible even if the driver caused the accident?

Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:

Negligent hiring (hiring unqualified drivers)
Negligent training (inadequate safety training)
Negligent supervision (failing to monitor driver behavior)
Negligent maintenance (poor vehicle upkeep)

What if the truck driver says the accident was my fault?

Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.

What is an owner-operator and does that affect my case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

How do I find out if the trucking company has a bad safety record?

FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:

CSA (Compliance, Safety, Accountability) scores
Inspection history and out-of-service rates
Crash history
Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

What is a truck’s “black box” and how does it help my case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes. This data can show:

Speed before and during the crash
Brake application timing
Engine RPM and throttle position
Whether cruise control was engaged
GPS location

This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.

What records should my attorney get from the trucking company?

We pursue:

ECM/Black box data
ELD records
Driver Qualification File
Maintenance records
Inspection reports
Dispatch logs
Drug and alcohol test results
Training records
Cell phone records
Insurance policies
The physical truck and trailer

Can the trucking company destroy evidence?

Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:

Instruct juries to assume destroyed evidence was unfavorable
Impose monetary sanctions
Enter default judgment in extreme cases
Award punitive damages

What are hours of service regulations and how do violations cause accidents?

FMCSA regulations limit how long truck drivers can operate:

Maximum 11 hours driving after 10 hours off duty
Cannot drive beyond 14th consecutive hour on duty
30-minute break required after 8 hours driving
60/70 hour weekly limits

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely to changing road conditions.

What FMCSA regulations are most commonly violated in accidents?

The top violations we find in Erath County trucking cases:

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 Erath County?

Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:

Traumatic brain injury (TBI)
Spinal cord injuries and paralysis
Amputations
Severe burns
Internal organ damage
Multiple fractures
Wrongful death

How much are 18-wheeler accident cases worth in Erath County?

Case values depend on many factors:

Severity of injuries
Medical expenses (past and future)
Lost income and earning capacity
Pain and suffering
Degree of defendant’s negligence
Insurance coverage available

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.

What if my loved one was killed in a trucking accident in Erath County?

Texas allows wrongful death claims by surviving family members. You may recover:

Lost future income
Loss of companionship and guidance
Mental anguish
Funeral expenses
Punitive damages if gross negligence

Time limits apply – contact us immediately to protect your rights.

How long do I have to file an 18-wheeler accident lawsuit in Erath County?

The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do trucking accident cases take to resolve?

Timelines vary:

Simple cases with clear liability: 6-12 months
Complex cases with multiple parties: 1-3 years
Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

Will my trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.

Do I need to pay anything upfront to hire your firm?

NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.

The Attorney911 Difference: Why We’re the Right Choice for Your Erath County Case

When you’re facing the aftermath of a catastrophic trucking accident, you need more than just a lawyer – you need a team that will fight for you like family. Here’s what sets Attorney911 apart:

We Treat You Like Family

“They treated me like FAMILY, not just another case number”
— MONGO SLADE, Attorney911 Client

“You are NOT just some client… You are FAMILY to them”
— CHAD HARRIS, Attorney911 Client

We understand that a trucking accident doesn’t just affect you physically – it affects your entire family. We’re here to support you every step of the way.

We Take 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 Mangiello law firm were able to help me out.”
— GREG GARCIA, Attorney911 Client

Many firms won’t take difficult cases. We do. We fight for every client, no matter how complex the case.

We Solve Cases Faster Than Our Competitors

“They solved in a couple of months what others did nothing about in two years.”
— ANGEL WALLE, Attorney911 Client

“They solved in 6 months amazing.”
— CHAVODRIAN MILES, Attorney911 Client

We move quickly to preserve evidence, build your case, and get you the compensation you deserve.

We Fight for Every Dime You Deserve

“They fought for me to get every dime I deserved.”
— GLENDA WALKER, Attorney911 Client

We never accept lowball offers. We know the true value of your case and we fight to get you every penny you’re entitled to.

We Have Direct Attorney Access

“Consistent communication and not one time did I call and not get a clear answer… Ralph reached out personally.”
— DAME HASKETT, Attorney911 Client

You’re not just another case number to us. You’ll have direct access to your attorney throughout your case.

We Speak Spanish

“Especially Miss Zulema, who is always very kind and always translates.”
— CELIA DOMINGUEZ, Attorney911 Client

Many trucking accident victims in Erath County 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.

We Have Insider Knowledge of Insurance Tactics

Our firm includes Lupe Peña, a former insurance defense attorney who knows:

How insurance companies evaluate claims
How adjusters are trained to minimize payouts
What makes them settle
How they deny claims
How to counter every tactic they use

This insider knowledge gives us a significant advantage in building your case.

We Have a Proven Track Record of Success

We’ve recovered millions for Texas families, including:

$5+ Million – Logging brain injury settlement
$3.8+ Million – Car accident amputation settlement
$2+ Million – Maritime back injury settlement
$2.5+ Million – Truck crash recovery
Millions recovered for families in trucking-related wrongful death cases

We’re Not Afraid to Go to Trial

Insurance companies know which lawyers will take cases to trial – and which will settle for whatever they offer. We prepare every case as if it’s going to trial, which gives us leverage in settlement negotiations.

We Offer Free Consultations and Work on Contingency

Free, no-obligation case evaluation
No upfront costs
No fee unless we win
We advance all costs of investigation and litigation

Don’t Wait – Call Attorney911 Now

If you or a loved one has been injured in an 18-wheeler accident in Erath County, time is of the essence. Evidence is disappearing right now:

Black box data can be overwritten in 30 days
Dashcam footage gets deleted within days
Witness memories fade quickly
Trucking companies are building their defense

Call Attorney911 now at 1-888-ATTY-911 for a free consultation. We’ll send a spoliation letter today to preserve the evidence in your case.

Remember:

You’re not just another case number – you’re family
We take cases other firms reject
We fight for every dime you deserve
We move faster than our competitors
We have insider knowledge of insurance tactics
We speak Spanish
We offer free consultations and work on contingency

Don’t let the trucking company get away with it. Call Attorney911 now at 1-888-ATTY-911.

“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, Attorney911 Client

For over 25 years, we’ve been fighting for trucking accident victims in Erath County and throughout Texas. Let us fight for you. Call 1-888-ATTY-911 now.