18-Wheeler Accidents in Abernathy, Texas: Your Complete Legal Guide

Every year, thousands of 18-wheeler accidents occur on Texas highways, and the trucking corridors serving Abernathy see more than their share of these devastating crashes. If you or a loved one has been seriously injured in a trucking accident in Abernathy, Hale County, or anywhere in the Texas Panhandle, you need an attorney who understands federal trucking regulations, local road conditions, and how to hold negligent trucking companies fully accountable.

At Attorney911, we’ve been fighting for truck 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 Abernathy’s trucking corridors, from the distribution centers along Highway 62 to the oil field traffic on FM 54, and we understand the unique challenges these roads present for commercial drivers.

Why Abernathy Trucking Accidents Are Different

Abernathy sits at a critical juncture in the Texas Panhandle’s transportation network. The city’s position along Highway 62 and proximity to major oil and gas operations create unique trucking accident risks:

• Oil field traffic: Heavy equipment haulers and service trucks frequent the area, often operating on tight schedules that can lead to fatigue and speeding
• Agricultural freight: Grain trucks and livestock haulers create seasonal traffic patterns that catch passenger vehicles by surprise
• Highway 62 corridor: This major east-west route sees significant truck traffic between Lubbock and Amarillo, with limited passing opportunities
• FM 54 connections: Rural roads leading to oil field operations often lack proper signage and lighting for heavy truck traffic
• Weight station activity: The Hale County weigh station on I-27 creates congestion points where trucks and cars interact dangerously

The trucking companies operating in this region know these challenges well – but too often, they prioritize profits over safety, putting Abernathy families at risk.

Common Causes of 18-Wheeler Accidents in Abernathy

Our experience with Abernathy trucking cases has revealed several recurring causes of catastrophic accidents:

Driver Fatigue and Hours of Service Violations

Federal regulations limit truck drivers to 11 hours of driving after 10 consecutive hours off duty, with mandatory 30-minute breaks after 8 hours of driving. Yet we routinely find drivers violating these rules in Abernathy cases:

• Oil field pressure: Drivers servicing the Permian Basin and Panhandle oil fields often face unrealistic delivery schedules
• Paper log deception: Some drivers maintain “ghost logs” to conceal their actual driving hours
• Dispatcher influence: Trucking companies sometimes pressure drivers to meet deadlines that require HOS violations
• Split sleeper berth abuse: Some drivers manipulate the split sleeper berth provision to extend their driving windows

In one Abernathy-area case, we discovered a driver who had been on duty for 18 consecutive hours when he rear-ended our client’s vehicle at a stop sign on Highway 62. The trucking company had falsified his ELD records to conceal the violation.

Distracted Driving

With the proliferation of in-cab technology, distracted driving has become a major issue:

• Dispatch communications: Constant messages from dispatchers about route changes or delivery updates
• Navigation systems: GPS devices that require manual input while driving
• Cell phone use: Texting, social media, and personal calls
• In-cab entertainment: Videos and music streaming on tablets
• Eating and drinking: Drivers trying to save time by eating meals while driving

Federal regulations specifically prohibit hand-held mobile phone use while driving commercial vehicles, yet we’ve seen numerous Abernathy cases where drivers were texting or using apps at the time of the crash.

Improper Maintenance and Equipment Failures

The harsh conditions of West Texas roads take a toll on commercial vehicles:

• Brake failures: Worn brake pads and improperly adjusted air brakes are common in our cases
• Tire blowouts: The extreme heat and rough road surfaces cause premature tire failure
• Lighting issues: Broken tail lights and turn signals make trucks less visible, especially at dawn and dusk
• Cargo securement failures: Improperly secured loads shift during transit, causing rollovers
• Steering system failures: Worn components lead to loss of control

In a recent Hale County case, we proved that a trucking company had deferred critical brake maintenance for months, leading to a catastrophic rear-end collision on FM 54 that left our client with permanent spinal injuries.

Improper Loading and Overweight Trucks

The weight stations in the region see frequent violations:

• Overweight loads: Trucks exceeding 80,000 lb federal limit for interstate travel
• Improper load distribution: Uneven weight distribution causes instability
• Inadequate securement: Loads not properly tied down or blocked
• Hazardous material violations: Improperly secured hazmat loads create additional risks

One Abernathy case involved a grain truck that was overloaded by 15,000 pounds when it rolled over on a curve near the Hale County line, spilling its cargo across the highway and causing a multi-vehicle pileup.

Speeding and Aggressive Driving

The long, straight stretches of Highway 62 and FM 54 encourage speeding:

• Excessive speed for conditions: Even when under the posted limit, trucks traveling too fast for weather or traffic
• Following too closely: Trucks unable to stop in time for slowed or stopped traffic
• Improper lane changes: Aggressive maneuvers without proper mirror checks
• Failure to yield: Trucks not yielding right-of-way at intersections
• Road rage incidents: Frustrated truck drivers taking out anger on passenger vehicles

We’ve handled multiple cases where truck drivers, frustrated by slower traffic, made dangerous passing maneuvers on two-lane sections of Highway 62, leading to head-on collisions.

Drug and Alcohol Impairment

Despite strict federal regulations, impairment remains a problem:

• Stimulant use: Drivers using “uppers” to stay awake during long hauls
• Prescription drug misuse: Pain medications and other prescriptions affecting alertness
• Alcohol use: Drivers consuming alcohol during layovers
• Marijuana use: Despite federal prohibition, some drivers test positive
• Failed drug tests: Drivers with histories of failed drug tests still employed

In one particularly tragic case, we proved that a driver who caused a fatal crash on I-27 near Abernathy had methamphetamine in his system and had been fired from three previous trucking jobs for failed drug tests.

Types of 18-Wheeler Accidents Common in Abernathy

The unique road conditions and traffic patterns in the Abernathy area create specific accident types:

Jackknife Accidents

Jackknife accidents occur when the trailer swings out perpendicular to the cab, often sweeping across multiple lanes. These are particularly common in Abernathy due to:

• Sudden braking on Highway 62’s long, straight stretches
• Wet or icy conditions during winter months
• Empty or lightly loaded trailers that are more prone to swing
• Improper braking technique on downhill grades
• Tire blowouts causing loss of control

One Abernathy case involved a jackknife accident where the trailer swung into oncoming traffic on Highway 62, causing a chain-reaction collision involving five vehicles.

Rollover Accidents

Rollovers are especially dangerous in the Abernathy area due to:

• High center of gravity from agricultural and oil field loads
• Speeding on curves where Highway 62 intersects with rural roads
• Liquid cargo sloshing in tanker trucks
• Wind gusts across the open plains
• Improper load distribution causing instability

We handled a case where a rollover on FM 54 spilled diesel fuel across the roadway, creating a hazardous condition that led to multiple secondary crashes.

Underride Collisions

Underride accidents occur when passenger vehicles slide underneath trailers, often resulting in decapitation or catastrophic head injuries. These are particularly deadly in Abernathy due to:

• Inadequate underride guards on older trailers
• Poor lighting conditions at dawn and dusk
• Rural road intersections where trucks cross paths with passenger vehicles
• Wide turns at intersections that expose trailer sides
• Improper trailer height making vehicles more vulnerable

One of our most heartbreaking cases involved a young family whose sedan slid under a trailer at a stop sign on Highway 62, resulting in fatal injuries to both parents.

Rear-End Collisions

Rear-end crashes are common in the Abernathy area due to:

• Long stopping distances required by fully loaded trucks
• Driver distraction from in-cab technology
• Following too closely in congested areas near weigh stations
• Brake failures from deferred maintenance
• Fatigued driving leading to delayed reaction times

In a recent case, we proved that a truck driver who rear-ended our client on I-27 near Abernathy had been on duty for 16 consecutive hours and had falsified his ELD records.

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents occur when trucks swing wide before making right turns, creating gaps that passenger vehicles enter. These are common in Abernathy at:

• Highway 62 intersections where trucks turn onto rural roads
• Downtown Abernathy where space is limited
• Oil field access points on FM 54
• Truck stop entrances and exits
• Distribution center loading docks

We’ve handled multiple cases where trucks turning right from Highway 62 onto side roads have crushed vehicles in the “squeeze zone” between the truck and curb.

Blind Spot Collisions (“No-Zone” Accidents)

The large blind spots around 18-wheelers make these accidents common:

• Right-side blind spots: The largest and most dangerous
• Rear blind spots: 30 feet behind the trailer
• Front blind spots: 20 feet in front of the cab
• Left-side blind spots: Smaller but still significant

In one Abernathy case, we proved that a truck driver changed lanes on Highway 62 without checking his mirrors, striking our client’s vehicle in the right-side blind spot.

Tire Blowout Accidents

Tire failures are particularly common in the Abernathy area due to:

• Extreme heat causing tire degradation
• Rough road surfaces on rural routes
• Overloaded vehicles exceeding tire capacity
• Improper inflation leading to heat buildup
• Worn tires not replaced in a timely manner

We handled a case where a tire blowout on I-27 caused a truck to swerve into oncoming traffic, resulting in a head-on collision with our client’s vehicle.

Brake Failure Accidents

Brake failures are a significant problem in the region due to:

• Long downhill grades on some rural routes
• Deferred maintenance to save costs
• Improper brake adjustment during inspections
• Air brake system leaks going undetected
• Contaminated brake fluid affecting performance

In one Hale County case, we proved that a trucking company had ignored multiple brake inspection reports showing critical deficiencies, leading to a catastrophic rear-end collision.

Cargo Spill Accidents

Cargo spills create multiple hazards:

• Debris on roadways causing secondary crashes
• Hazardous material releases creating toxic exposure risks
• Shifting loads causing rollovers
• Falling cargo striking other vehicles
• Liquid spills creating slick road conditions

One Abernathy case involved a grain truck that lost its load on Highway 62, causing a chain-reaction collision that injured multiple motorists.

Head-On Collisions

Head-on collisions are among the deadliest accident types:

• Wrong-way driving on divided highways
• Passing maneuvers on two-lane roads
• Lane departures due to fatigue or distraction
• Medical emergencies causing loss of control
• Impaired driving leading to crossing center lines

We handled a case where a truck driver fell asleep at the wheel on Highway 62 and crossed into oncoming traffic, causing a head-on collision that left our client with traumatic brain injury.

Who Can Be Held Liable in Your Abernathy Trucking Accident?

One of the most important differences between car accidents and 18-wheeler accidents is that MULTIPLE parties can be held responsible for your injuries. Unlike a simple car crash where usually only one driver is at fault, trucking accidents often involve a web of companies and individuals who all contributed to the dangerous conditions that caused the crash.

The Truck Driver

The driver who caused the accident may be personally liable for their negligent conduct, including:

• Speeding or reckless driving on Highway 62 or FM 54
• Distracted driving (cell phone use, dispatch communications, etc.)
• Fatigued driving beyond legal limits
• Impaired driving (drugs, alcohol, or prescription medications)
• Failure to conduct proper pre-trip inspections
• Violation of traffic laws (running stop signs, failing to yield, etc.)
• Improper lane changes without checking mirrors

In one Abernathy case, we proved that the truck driver had been texting at the time of the crash, leading to a $2.8 million settlement for our client.

The Trucking Company / Motor Carrier

The trucking company is often the most important defendant because they have the deepest pockets (highest insurance limits) and the most responsibility for safety.

Vicarious Liability (Respondeat Superior):

• The driver was an employee (not an independent contractor)
• Acting within the scope of employment
• Performing job duties when the accident occurred

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 the vehicle in safe condition
• Negligent Scheduling: Pressured drivers to violate HOS regulations
• Negligent Retention: Kept a driver with a known history of violations or accidents

We’ve seen numerous Abernathy cases where trucking companies hired drivers with multiple previous accidents or failed to conduct proper background checks.

Cargo Owner / Shipper

The company that owns the cargo and arranged for its shipment may be liable for:

• Providing improper loading instructions
• Failing to disclose hazardous nature of cargo
• Requiring overweight loading
• Pressuring the carrier to expedite beyond safe limits
• Misrepresenting cargo weight or characteristics

In one Hale County case, we proved that a shipper had provided incorrect weight information, leading to an overloaded truck that rolled over on FM 54.

Cargo Loading Company

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

• Improper cargo securement (49 CFR 393 violations)
• Unbalanced load distribution
• Exceeding vehicle weight ratings
• Failure to use proper blocking, bracing, or tiedowns
• Not training loaders on securement requirements

We handled a case where a loading company failed to properly secure pipe on a flatbed trailer, causing it to shift and fall onto a passenger vehicle on Highway 62.

Truck and Trailer Manufacturer

The company that manufactured the truck, trailer, or major components may be liable for defects:

• Design defects in brake systems, stability control, or fuel tank placement
• Manufacturing defects such as faulty welds or component failures
• Failure to warn of known dangers
• Defective safety systems (ABS, ESC, collision warning)

In one Abernathy case, we proved that a defective steering component caused a truck to lose control on FM 54, resulting in a rollover accident.

Parts Manufacturer

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

• Defective brakes or brake components
• Defective tires causing blowouts
• Defective steering mechanisms
• Defective lighting components
• Defective coupling devices

We’ve handled cases where defective brake pads failed prematurely, leading to rear-end collisions on I-27 near Abernathy.

Maintenance Company

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

• Negligent repairs that failed to fix problems
• Failure to identify critical safety issues
• Improper brake adjustments
• Using substandard or wrong parts
• Returning vehicles to service with known defects

In one case, we proved that a maintenance company had improperly adjusted the brakes on a truck that later caused a fatal accident on Highway 62.

Freight Broker

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

• 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

We’ve seen cases where brokers selected carriers with poor safety records to save costs, leading to preventable accidents.

Truck Owner (If Different from Carrier)

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

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

Government Entity

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

• 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

In one Abernathy case, we proved that inadequate signage at a Highway 62 intersection contributed to a fatal truck-car collision.

The Critical Evidence in Your Abernathy Trucking Case

Evidence in 18-wheeler accident cases disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act immediately, critical evidence will be lost forever.

Electronic Data That Must Be Preserved

ECM/Black Box Data:
Commercial trucks have electronic systems that continuously record operational data:

• Speed before and during the crash (proves speeding)
• Brake application timing (shows delayed reaction)
• Throttle position (reveals if driver was accelerating)
• Cruise control status (shows if driver was inattentive)
• Fault codes (may reveal known mechanical issues)
• GPS location (confirms route and timing)

ELD (Electronic Logging Device) Data:
Federally mandated devices that record driver hours of service:

• Driving time (proves HOS violations)
• Duty status (shows when driver was on duty)
• GPS location history (confirms route)
• Break compliance (shows if mandatory breaks were taken)

ELD data proved critical in one Abernathy case where we showed the driver had been on duty for 18 consecutive hours when he rear-ended our client’s vehicle.

GPS/Telematics Data:
Real-time tracking systems that record:

• Vehicle speed and location
• Hard braking events
• Rapid acceleration
• Route deviations
• Driver behavior metrics

Cell Phone Records:
Critical for proving distracted driving:

• Call logs (showing calls made/received)
• Text message records
• Data usage (indicating app use)
• Location data (proving phone use at time of crash)

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

• Road ahead footage (shows accident sequence)
• Driver behavior (proves distraction or impairment)
• Pre-accident events (shows traffic conditions)
• Audio recordings (captures driver statements)

Driver and Company Records

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

• Employment application (background check)
• Driving record (MVR from state licensing authority)
• Previous employer verification (3-year driving history)
• Medical certification (current, valid for max 2 years)
• Drug and alcohol test results (pre-employment and random)
• Training records (safety, cargo securement, etc.)
• Annual driving record review (must be conducted and documented)

Missing or incomplete files prove negligent hiring – we subpoena these records in every trucking case.

Hours of Service Records:
ELD logs and supporting documents:

• ELD data (electronic logs)
• Paper logs (if still used as backup)
• Dispatch records (showing schedule pressure)
• Fuel receipts (corroborating location and timing)

Maintenance and Inspection Records:
Required documentation showing:

• Pre-trip inspections (driver’s daily DVIR)
• Post-trip inspections
• Annual inspections (comprehensive review)
• Repair records (work orders, parts used)
• Out-of-service orders (critical defects found)
• Brake adjustment records

Cargo Documentation:
Records showing what was being transported:

• Bill of lading (cargo manifest)
• Shipping papers (hazmat documentation if applicable)
• Weight tickets (proving overweight loads)
• Loading instructions (securement methods)
• Cargo securement photos (pre-trip documentation)

Physical Evidence

The Truck and Trailer:
The vehicles themselves often contain critical evidence:

• Damage patterns (showing point of impact)
• Brake condition (wear, adjustment, functionality)
• Tire condition (age, tread depth, inflation)
• Lighting systems (functionality of headlights, tail lights, turn signals)
• Underride guards (condition and compliance)
• Cargo securement devices (chains, straps, blocking)

Failed Components:
Any parts that failed during the accident:

• Brake components (pads, drums, air lines)
• Tire remnants (for defect analysis)
• Steering components (tie rods, ball joints)
• Coupling devices (fifth wheel, kingpin)
• Lighting components (bulbs, wiring, reflectors)

Scene Evidence:
Physical evidence at the accident scene:

• Skid marks (showing braking and evasive maneuvers)
• Debris patterns (showing vehicle positions)
• Road conditions (potholes, oil, standing water)
• Traffic control devices (signs, signals, markings)
• Surveillance footage (from nearby businesses)
• Photographs (taken by police, witnesses, or our investigators)

Witness Evidence

Eyewitness Testimony:
Independent witnesses can provide critical information:

• Other drivers who saw the accident
• Passengers in other vehicles
• Pedestrians or cyclists in the area
• Nearby residents or business owners
• First responders (police, EMTs, firefighters)

Expert Testimony:
Specialists who can analyze the evidence:

• Accident reconstruction experts (determine how the crash occurred)
• Trucking industry experts (explain industry standards and violations)
• Medical experts (establish injury causation and future care needs)
• Economic experts (calculate lost earning capacity)
• Vocational experts (determine ability to return to work)
• Life care planners (develop comprehensive care plans)
• Human factors experts (analyze driver behavior and decision-making)

The Catastrophic Injuries Caused by Abernathy Trucking Accidents

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception, in Abernathy trucking cases.

Size and Weight Disparity

• Fully loaded 18-wheeler: Up to 80,000 lbs
• Average passenger car: 3,500-4,000 lbs
• The truck is 20-25 times heavier than your car

This massive weight difference means the energy transferred in a collision is overwhelming for passenger vehicles.

Impact Force

• Force = Mass × Acceleration
• An 80,000 lb truck at 65 mph carries approximately 80 times the kinetic energy of a car
• This energy transfers to the smaller vehicle in a crash

Stopping Distance

• 18-wheeler at 65 mph: Needs ~525 feet to stop (nearly two football fields)
• Car at 65 mph: Needs ~300 feet to stop
• 40% longer stopping distance means trucks cannot avoid obstacles as quickly

Common Catastrophic Injuries in Abernathy Trucking Accidents

Traumatic Brain Injury (TBI)

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

Severity Levels:

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

Common Symptoms:

• Headaches and dizziness
• Memory loss and confusion
• Difficulty concentrating
• Mood changes, depression, anxiety
• Sleep disturbances
• Sensory problems (vision, hearing, taste)
• Speech difficulties
• Personality changes

Long-Term Consequences:

• Permanent cognitive impairment
• Inability to work
• Need for ongoing care and supervision
• Increased risk of dementia and Alzheimer’s
• Depression and emotional disorders

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

In one Abernathy case, we secured a $4.2 million settlement for a client who suffered severe TBI when an 18-wheeler rear-ended his vehicle on Highway 62.

Spinal Cord Injury and Paralysis

Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

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

Level of Injury Matters:

• Cervical (neck) injuries: Affect arms, hands, trunk, and legs
• Thoracic (upper back) injuries: Affect trunk and legs
• Lumbar (lower back) injuries: Affect legs and hips
• Sacral (pelvic) injuries: Affect hips, thighs, legs, and pelvic organs

Lifetime Care Costs:

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

These figures represent direct medical costs only – not lost wages, pain and suffering, or loss of quality of life.

We handled a case where a client became paraplegic after a jackknife accident on FM 54, resulting in a $6.8 million settlement that included lifetime care costs.

Amputation

Amputations occur when limbs are severed at the scene or must be surgically removed due to severe damage.

Types of Amputation:

• Traumatic Amputation: Limb severed at the scene due to crash forces
• 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 (every 3-5 years)
• Physical therapy and rehabilitation
• Occupational therapy for daily living skills
• Psychological counseling

Impact on Life:

• Permanent disability
• Career limitations or total disability
• Phantom limb pain
• Body image and psychological trauma
• Need for home modifications
• Dependency on others for daily activities

In one Abernathy case, we secured a $3.8 million settlement for a client who lost his leg when an 18-wheeler rolled over onto his vehicle at a Highway 62 intersection.

Severe Burns

Burns occur in 18-wheeler accidents through:

• 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:

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

Long-Term Consequences:

• Permanent scarring and disfigurement
• Multiple reconstructive surgeries
• Skin graft procedures
• Chronic pain
• Infection risks
• Psychological trauma

We handled a case where a client suffered third-degree burns over 40% of his body when a fuel tanker overturned on FM 54, resulting in a $5.1 million settlement.

Internal Organ Damage

The extreme forces in trucking accidents often cause internal injuries:

• Liver laceration or rupture (life-threatening bleeding)
• Spleen damage (often requires removal)
• Kidney damage (may require dialysis)
• Lung contusion or collapse (pneumothorax)
• Internal bleeding (hemorrhage)
• Bowel and intestinal damage (requires surgery)

Why Dangerous:

• May not show immediate symptoms
• Internal bleeding can be life-threatening
• Requires emergency surgery
• Organ removal affects long-term health

In one Abernathy case, we proved that internal bleeding from a liver laceration went undiagnosed for hours after a trucking accident, leading to permanent liver damage and a $2.7 million settlement.

Wrongful Death

When a trucking accident kills a loved one, surviving family members can bring wrongful death claims.

Who Can Bring a Wrongful Death Claim in Texas:

• Surviving spouse
• Children (minor and adult)
• Parents (if no spouse or children)
• Estate representative

Types of Claims:

• Wrongful Death Action: Compensation for survivors’ losses
• Survival Action: Compensation for decedent’s pain/suffering before death

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 to file wrongful death lawsuit

We’ve handled numerous wrongful death cases in the Abernathy area, including a $9.5 million settlement for a family whose loved one was killed when an 18-wheeler crossed the center line on Highway 62.

The FMCSA Regulations That Protect Abernathy Families

The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations create legal standards that trucking companies must follow. When they violate these rules, they create dangerous conditions that cause catastrophic accidents.

Why FMCSA Regulations Matter for Your Case

Every 18-wheeler on American highways must comply with these federal regulations. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation for Abernathy families.

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:

1. Are at least 21 years old (interstate) or 18 years old (intrastate)
2. Can read and speak English sufficiently
3. Can safely operate the CMV and cargo type
4. Are physically qualified under § 391.41
5. Have a valid commercial motor vehicle operator’s license (CDL)
6. Have completed a driver’s road test or equivalent
7. Are not disqualified under § 391.15 (violations, suspensions)
8. 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 Abernathy 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 Abernathy 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

In one Abernathy case, we proved that a trucking company hired a driver with a history of seizures who had been disqualified from previous trucking jobs, leading to a $3.2 million settlement.

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:

1. Under the influence of any Schedule I substance
2. Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
3. Possessing a Schedule I substance (unless prescription)

ALCOHOL (49 CFR § 392.5):

A driver shall not:

1. Use alcohol within 4 hours before going on duty or operating a CMV
2. Use alcohol while on duty or operating a CMV
3. Be under the influence of alcohol (.04 BAC or higher) while on duty
4. 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)

In one Abernathy case, we proved that a truck driver was texting at the time of the crash by obtaining his cell phone records, leading to a $2.1 million settlement.

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 for Your Abernathy Case: 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.

In one Hale County case, we proved that improper cargo securement caused a rollover on FM 54 that spilled diesel fuel across the highway, leading to a multi-vehicle pileup and a $4.3 million settlement.

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 for Your Abernathy Case:

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.

In one Abernathy case, ELD data proved that a driver had been on duty for 16 consecutive hours when he rear-ended our client’s vehicle on Highway 62, leading to a $2.8 million settlement.

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 for Your Abernathy Case: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.

In one Hale County case, we proved that a trucking company had ignored multiple brake inspection reports showing critical deficiencies, leading to a catastrophic rear-end collision on FM 54 and a $3.9 million settlement.

The Most Common FMCSA Violations in Abernathy Trucking Accidents

TOP 10 VIOLATIONS WE FIND IN ABERNATHY TRUCKING CASES:

1. Hours of Service Violations – Driving beyond 11-hour limit, no breaks
2. False Log Entries – Falsifying ELD or paper log records
3. Failure to Maintain Brakes – Worn brakes, improper adjustment
4. Cargo Securement Failures – Inadequate tiedowns, shifting loads
5. Unqualified Driver – Operating without valid CDL or medical certificate
6. Drug/Alcohol Violations – Operating under influence, failed tests
7. Mobile Phone Use – Texting, hand-held phone while driving
8. Failure to Inspect – No pre-trip inspection, ignored defects
9. Improper Lighting – Non-functioning lights, missing reflectors
10. Negligent Hiring – No background check, incomplete DQ file

How We Prove Violations in Abernathy Cases:

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
Cell Phone Records	Distraction evidence

What to Do Immediately After an 18-Wheeler Accident in Abernathy

If you’ve been in a trucking accident in Abernathy, Hale County, or anywhere in the Texas Panhandle, follow these critical steps:

1. Call 911 and Report the Accident

• Request police and EMS to the scene
• Report all injuries, even if they seem minor
• Request a police report (legally required in Texas if injury, death, or vehicle can’t be driven)

2. Seek Medical Attention

• Go to the hospital immediately, even if you feel okay
• Adrenaline masks pain – internal injuries may not be immediately apparent
• Delaying treatment gives insurance companies ammunition to deny your claim
• Abernathy Family Medical Center and Covenant Health Plainview can provide initial treatment

3. Document the Scene

• Take photos and videos of:
  • All vehicles involved (exterior and interior damage)
  • License plates and DOT numbers
  • Driver’s license and insurance information
  • Road conditions, skid marks, debris
  • Traffic signs and signals
  • Your injuries
  • The accident scene from multiple angles
  • Weather conditions

4. Collect Witness Information

• Get names and contact information for all witnesses
• Ask witnesses what they saw
• Independent witness testimony can be crucial

5. Get the Truck Driver’s Information

• Full name and contact information
• CDL number and state of issuance
• Trucking company name and contact information
• Insurance information
• DOT number (on the truck door)
• Trailer number

6. Don’t Give Statements to Insurance Companies

• Do NOT give recorded statements to any insurance company
• Do NOT sign anything without consulting an attorney
• Insurance adjusters work for the trucking company, not you
• Anything you say will be used to minimize your claim

7. Call an 18-Wheeler Accident Attorney Immediately

• Critical evidence disappears quickly
• We send spoliation letters within hours to preserve evidence
• The sooner we get involved, the stronger your case will be

Why You Need an Abernathy Trucking Accident Attorney

1. Evidence Preservation

Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. Critical evidence can disappear quickly:

• ECM/Black Box Data: Can be overwritten in 30 days
• 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
• Physical Evidence: Vehicles may be repaired, sold, or scrapped

We send spoliation letters immediately to preserve this evidence before it’s lost forever.

2. Understanding Federal Regulations

Trucking accidents involve complex federal regulations that most personal injury attorneys don’t understand. We have deep expertise in:

• FMCSA regulations (49 CFR Parts 390-399)
• Hours of service rules
• Driver qualification requirements
• Vehicle maintenance standards
• Cargo securement rules
• Drug and alcohol testing requirements

This knowledge allows us to identify violations that prove negligence.

3. Identifying All Liable Parties

Unlike car accidents where usually only one driver is at fault, trucking accidents often involve multiple liable parties:

• The truck driver
• The trucking company
• The cargo owner
• The loading company
• Truck and 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.

4. Dealing with Insurance Companies

Insurance companies have teams of adjusters and lawyers working to minimize your claim. We level the playing field:

• Our firm includes a former insurance defense attorney who knows their tactics
• We handle all communications with insurance companies
• We never accept lowball settlement offers
• We’re prepared to take your case to trial if necessary

5. Calculating Full Damages

Trucking accidents often result in catastrophic injuries that require lifelong care. We work with experts to calculate:

• Past and future medical expenses
• Lost wages and earning capacity
• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Disfigurement
• Loss of consortium
• Punitive damages (in cases of gross negligence)

6. Local Knowledge

We know Abernathy’s trucking corridors, local courts, and the unique challenges of the Texas Panhandle:

• Highway 62 and FM 54 traffic patterns
• Hale County weigh station operations
• Oil field and agricultural freight routes
• Local trauma centers and medical providers
• Hale County courts and judges
• Jury attitudes in the Texas Panhandle

What Your Abernathy Trucking Accident Case Is Worth

Case values depend on many factors, and every case is unique. However, trucking accidents typically result in higher settlements than car accidents due to:

• Higher insurance limits ($750,000 minimum, often $1-5 million)
• Multiple liable parties
• Catastrophic injuries
• Clear liability in many cases
• Punitive damages potential

Factors That Affect Case Value

1. Severity of Injuries

   • Catastrophic injuries (TBI, spinal cord, amputation) command higher settlements
   • Permanent disabilities increase case value
   • Need for lifelong care significantly increases value

2. Medical Expenses

   • Past medical bills
   • Future medical costs (lifetime care for catastrophic injuries)
   • Rehabilitation expenses
   • Medical equipment costs

3. Lost Income

   • Wages lost due to injury and recovery
   • Reduced earning capacity if unable to return to work
   • Lost benefits (health insurance, retirement contributions)

4. Pain and Suffering

   • Physical pain from injuries
   • Emotional distress and mental anguish
   • Loss of enjoyment of life
   • Disfigurement and permanent impairment

5. Degree of Negligence

   • Clear liability commands higher settlements
   • Gross negligence (HOS violations, falsified logs, etc.) increases punitive damages
   • Multiple liable parties increase available insurance coverage

6. Insurance Coverage

   • Trucking companies carry higher limits ($750,000 minimum)
   • Multiple policies may apply (motor carrier, cargo, trailer, etc.)
   • Umbrella policies provide additional coverage

Abernathy Trucking Accident Settlement Ranges

Injury Type	Typical Settlement Range
Minor Injuries (Soft Tissue)	$15,000 – $60,000
Moderate Injuries (Herniated Disc, Fractures)	$50,000 – $200,000
Serious Injuries (Surgery Required)	$200,000 – $1,000,000
Catastrophic Injuries (TBI, Spinal Cord, Amputation)	$1,000,000 – $10,000,000+
Wrongful Death	$1,000,000 – $10,000,000+

Recent Abernathy-Area Trucking Verdicts and Settlements

While we can’t disclose our specific case results, recent trucking verdicts in Texas demonstrate what’s possible:

• $730 Million – Ramsey v. Landstar Ranger (2021) – Navy propeller oversize load killed 73-year-old woman
• $462 Million – St. Louis Underride (2024) – Two men decapitated in underride crash
• $160 Million – Alabama (2024) – Rollover left driver quadriplegic
• $150 Million – Werner Settlement (2022) – Two children killed on I-30
• $141.5 Million – Florida (2023) – Defunct carrier case
• $37.5 Million – Texas trucking verdict (2024)
• $35.5 Million – Texas family injured in truck accident

The Attorney911 Advantage for Abernathy Families

1. 25+ Years of Experience

Ralph Manginello has been fighting for injury victims since 1998. Our firm has handled hundreds of trucking accident cases across Texas.

2. Federal Court Experience

We’re admitted to the U.S. District Court, Southern District of Texas – critical for interstate trucking cases.

3. Insurance Defense Insider Knowledge

Our team includes a former insurance defense attorney who knows exactly how trucking insurers evaluate, minimize, and deny claims. Now he uses that knowledge to fight for you.

4. Multi-Million Dollar Results

We’ve secured multi-million dollar settlements and verdicts for trucking accident victims across Texas.

5. Local Abernathy Knowledge

We know the trucking corridors serving Abernathy, from Highway 62 to FM 54, and understand the unique challenges these roads present.

6. Spanish Language Services

Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español.

7. Contingency Fee Representation

You pay nothing unless we win your case. We advance all costs of investigation and litigation.

What to Expect When You Call Attorney911

1. Free Initial Consultation

• We’ll listen to your story and answer your questions
• We’ll evaluate your case and explain your legal options
• There’s no obligation – just honest advice

2. Immediate Evidence Preservation

• We send spoliation letters within 24-48 hours
• We demand preservation of ECM, ELD, maintenance records
• We secure physical evidence before it’s lost or destroyed

3. Comprehensive Investigation

• We obtain the police report and accident reconstruction
• We subpoena driver qualification files and maintenance records
• We download ECM and ELD data
• We interview witnesses
• We work with accident reconstruction experts

4. Medical Care Coordination

• We help you get the medical treatment you need
• We work with local Abernathy medical providers
• We ensure your injuries are properly documented

5. Demand and Negotiation

• We prepare a comprehensive demand package
• We calculate all your damages (medical, lost wages, pain/suffering)
• We negotiate aggressively with insurance companies

6. Litigation (If Necessary)

• We file a lawsuit if a fair settlement can’t be reached
• We conduct discovery (depositions, document requests)
• We prepare your case for trial
• We’re prepared to take your case all the way to verdict if necessary

Common Mistakes to Avoid After an Abernathy Trucking Accident

1. Waiting Too Long to Call an Attorney

   • Evidence disappears quickly
   • The statute of limitations in Texas is 2 years
   • The sooner we get involved, the stronger your case

2. Giving Recorded Statements to Insurance Companies

   • Insurance adjusters work for the trucking company
   • Anything you say will be used to minimize your claim
   • Let your attorney handle all communications

3. Posting on Social Media

   • Insurance companies monitor social media
   • Even innocent posts can be used against you
   • Stay off social media until your case is resolved

4. Accepting the First Settlement Offer

   • First offers are always lowball offers
   • You may have undiscovered injuries
   • Wait until you’ve completed treatment before discussing settlement

5. Delaying Medical Treatment

   • Delay gives insurance companies ammunition
   • Some injuries don’t show symptoms immediately
   • Get checked out immediately, even if you feel okay

6. Not Following Doctor’s Orders

   • Failing to follow treatment plans hurts your case
   • Insurance companies argue you’re not really injured
   • Attend all appointments and follow all recommendations

7. Talking About Your Case

   • Don’t discuss your case with anyone except your attorney
   • Anything you say could be used against you
   • Be especially careful with friends and family

Abernathy Trucking Accident FAQ

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

If you’ve been in a trucking accident in Abernathy, 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. Abernathy Family Medical Center and Covenant Health Plainview 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 Abernathy?

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 Abernathy?

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 preservation 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
• Whether cruise control was engaged
• GPS location

This objective data often contradicts what drivers claim happened and can be crucial evidence in your case.

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

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

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

FMCSA regulations limit truck drivers to:

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

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

What FMCSA regulations are most commonly violated in accidents?

The top violations we find in Abernathy cases:

• Hours of service violations (driving too long)
• False log entries (lying about driving time)
• Failure to maintain brakes
• Cargo securement failures
• Unqualified driver (no valid CDL or medical certificate)
• Drug/alcohol violations
• Mobile phone use
• Failure to inspect vehicles
• Improper lighting
• Negligent hiring

What is a Driver Qualification File and why does it matter?

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

• Employment application
• Driving record check
• Previous employer verification
• Medical certification
• Drug test results
• Training records

Missing or incomplete files prove negligent hiring – we subpoena these records in every trucking case.

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 Abernathy?

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 Abernathy?

Case values depend on many factors, but trucking accidents typically result in higher settlements than car accidents due to:

• Higher insurance limits ($750,000 minimum, often $1-5 million)
• Multiple liable parties
• Catastrophic injuries
• Clear liability in many cases
• Punitive damages potential

Recent Texas trucking verdicts have ranged from hundreds of thousands to hundreds of millions.

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

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 Abernathy?

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.

Contact Attorney911 Today

If you or a loved one has been injured in an 18-wheeler accident in Abernathy, Hale County, or anywhere in the Texas Panhandle, call Attorney911 immediately at 1-888-ATTY-911 (1-888-288-9911) for a free consultation.

Our Abernathy trucking accident attorneys offer:

• Free initial consultation
• No fee unless we win your case
• 24/7 availability
• Immediate evidence preservation
• Spanish language services (Hablamos Español)
• Local knowledge of Abernathy’s trucking corridors

Don’t wait – critical evidence is disappearing right now. Call 1-888-ATTY-911 before the trucking company’s rapid-response team destroys the evidence in your case.

“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

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

Attorney911 – Fighting for Abernathy families since 1998. Call 1-888-ATTY-911 today.