18-Wheeler Accidents in Spearman, Texas: Your Complete Legal Guide
If you or a loved one has been involved in an 18-wheeler accident in Spearman, Texas, you’re facing one of the most challenging experiences of your life. The massive size and weight of commercial trucks create devastating consequences when accidents occur. At Attorney911, we’ve been fighting for trucking accident victims across the Texas Panhandle for over 25 years, and we’re here to help Spearman families navigate this difficult time.
Why Spearman’s Trucking Corridors Are High-Risk Zones
Spearman sits at the crossroads of several critical trucking routes that serve the Texas Panhandle’s agricultural, oil and gas, and manufacturing industries. The primary highways serving our community include:
- US Highway 54: Running east-west through Spearman, this route connects to Guymon, Oklahoma and Dalhart, Texas, carrying significant agricultural and oilfield equipment traffic
- US Highway 83: The north-south corridor that intersects with US 54 in Spearman, serving as a vital link between Liberal, Kansas and Canadian, Texas
- State Highway 207: Connecting to Perryton and the Oklahoma border, this route sees heavy grain truck traffic during harvest seasons
These highways experience particularly high truck traffic during:
- Wheat and corn harvest seasons (June-July)
- Oil and gas drilling activity peaks
- Livestock shipping periods
- Winter wheat planting season (September-October)
The mix of local agricultural trucks, long-haul freight carriers, and oilfield service vehicles creates unique challenges on Spearman’s roads. Our firm has handled numerous cases involving accidents at key intersections like the US 54/US 83 junction and along the Highway 207 corridor.
Common Causes of 18-Wheeler Accidents in Spearman
Driver Fatigue and Hours of Service Violations
The Texas Panhandle’s vast distances between towns create pressure on drivers to push their limits. Federal regulations (49 CFR § 395) limit drivers to:
- 11 hours of driving after 10 consecutive hours off duty
- No driving beyond the 14th consecutive hour on duty
- 30-minute break required after 8 cumulative hours of driving
- 60/70 hour weekly limits with 34-hour restart provisions
Despite these regulations, we frequently see violations in Spearman cases, particularly among drivers hauling agricultural products or oilfield equipment. Many drivers falsify their electronic logging device (ELD) records to meet unrealistic delivery deadlines.
Improper Cargo Loading and Securement
Spearman’s agricultural and oilfield industries create unique cargo securement challenges. Common violations we encounter include:
- Overloaded grain trucks during harvest season
- Improperly secured oilfield equipment (pipes, tanks, drilling rigs)
- Unbalanced loads on agricultural machinery transporters
- Inadequate tiedowns on livestock trailers
These violations directly violate 49 CFR § 393.100-136, which requires cargo to be secured to withstand 0.8g deceleration forward, 0.5g acceleration rearward, and 0.5g lateral forces.
Brake Failures and Maintenance Neglect
The hilly terrain around Spearman, particularly on Highway 207 toward Perryton, puts significant stress on truck braking systems. We frequently find:
- Worn brake pads not replaced
- Improper brake adjustments
- Air brake system leaks
- Brake fade on long descents
- Failure to conduct pre-trip brake inspections
These issues violate 49 CFR § 393.40-55 and 49 CFR § 396.3, which require systematic inspection and maintenance of all braking systems.
Tire Blowouts on Panhandle Highways
The extreme temperature variations in the Texas Panhandle (from sub-zero winters to 100°F+ summers) accelerate tire wear. Common tire-related issues we see:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn tires not replaced (minimum 4/32″ tread on steer tires)
- Improper tire matching on dual wheels
- Failure to conduct pre-trip tire inspections
These violations of 49 CFR § 393.75 and 49 CFR § 396.13 contribute to many of the jackknife and rollover accidents we handle in the Spearman area.
Distracted and Impaired Driving
Despite strict regulations, we continue to see cases involving:
- Cell phone use while driving (49 CFR § 392.82)
- Texting while driving (49 CFR § 392.80)
- Dispatch communications distracting drivers
- Drug and alcohol impairment (49 CFR § 392.4 and 392.5)
- Fatigue from HOS violations (49 CFR § 392.3)
Catastrophic Injuries from Spearman Trucking Accidents
The physics of 18-wheeler accidents make catastrophic injuries the norm rather than the exception in Spearman. A fully loaded truck can weigh up to 80,000 pounds – 20-25 times more than a typical passenger vehicle. This massive weight disparity creates devastating consequences.
Traumatic Brain Injuries (TBI)
TBI is one of the most common and devastating injuries we see in Spearman trucking cases. The extreme forces involved in these collisions can cause:
- Mild TBI (Concussion): Symptoms may include headaches, confusion, dizziness, memory problems, and mood changes. Many victims don’t realize they’ve suffered a brain injury until days or weeks after the accident.
- Moderate TBI: Extended periods of unconsciousness, significant cognitive deficits, and personality changes. These injuries often require months of rehabilitation.
- Severe TBI: Extended coma, permanent cognitive impairment, and lifelong disability. These injuries may require 24/7 care and result in permanent loss of function.
We’ve represented numerous Spearman residents who suffered TBI in trucking accidents on Highway 54 and Highway 83. One case involved a local farmer who was struck by an overloaded grain truck at the US 54/US 83 intersection, resulting in a severe TBI that left him unable to manage his farm operations.
Spinal Cord Injuries and Paralysis
The extreme forces in trucking accidents frequently cause spinal cord damage. We’ve handled cases involving:
- Paraplegia: Loss of function below the waist, affecting mobility and often bladder/bowel control.
- Quadriplegia: Loss of function in all four limbs, often requiring ventilator assistance for breathing.
- Incomplete Injuries: Some nerve function remains, but with significant impairment.
- Complete Injuries: Total loss of sensation and movement below the injury site.
A recent case involved a Spearman school teacher who was rear-ended by a fatigued truck driver on Highway 207, resulting in a T12 spinal cord injury and permanent paraplegia.
Amputations
The crushing forces in trucking accidents often result in traumatic amputations or injuries so severe that surgical amputation is required. We’ve represented clients who lost:
- Arms and hands in underride collisions
- Legs in rollover accidents
- Fingers in cargo loading accidents
One particularly tragic case involved a young man from Spearman who lost his leg when an improperly secured oilfield pipe fell from a flatbed truck on Highway 54.
Severe Burns
Burn injuries occur in Spearman trucking accidents when:
- Fuel tanks rupture and ignite
- Hazardous materials spill and catch fire
- Electrical systems short circuit
- Friction creates road rash burns
These injuries often require multiple skin graft surgeries and result in permanent scarring and disfigurement.
Internal Organ Damage
The extreme forces in trucking accidents can cause:
- Liver and spleen lacerations
- Kidney damage requiring removal
- Lung contusions and pneumothorax
- Internal bleeding
- Bowel and intestinal damage
Many of these injuries aren’t immediately apparent and can become life-threatening if not treated promptly.
Wrongful Death
Tragically, many 18-wheeler accidents in the Spearman area result in fatalities. We’ve represented numerous families who lost loved ones in:
- Underride collisions on Highway 83
- Head-on collisions caused by fatigued drivers
- Rollovers on Highway 207
- Multi-vehicle pileups on US 54
Wrongful death claims allow surviving family members to recover compensation for:
- Lost future income and benefits
- Loss of companionship and guidance
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses incurred before death
Who Can Be Held Liable in Your Spearman Trucking Accident
One of the most important aspects of trucking accident cases is identifying ALL potentially liable parties. Unlike car accidents where typically only one driver is at fault, trucking accidents often involve multiple responsible parties.
The Truck Driver
The driver who caused your accident may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone use, texting)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Traffic law violations
We investigate the driver’s:
- Driving record and history
- Hours of service compliance (ELD data)
- Drug and alcohol test results
- Cell phone records
- Previous accident history
- Training records
The Trucking Company/Motor Carrier
The trucking company is often the most important defendant because they have the deepest pockets and highest insurance limits. They can be liable for:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not independent contractor)
- Acting within the scope of employment
- Performing job duties when the accident occurred
Direct Negligence:
- Negligent Hiring: Failed to properly vet the driver’s background
- Negligent Training: Inadequate safety training
- Negligent Supervision: Failed to monitor driver performance
- Negligent Maintenance: Poor vehicle upkeep
- Negligent Scheduling: Pressured drivers to violate HOS regulations
We subpoena the trucking company’s:
- Driver Qualification Files
- Hiring policies and background check procedures
- Training records and curricula
- Supervision and monitoring practices
- Dispatch records showing schedule pressure
- Safety culture documentation
- Previous accident/violation history
- CSA (Compliance, Safety, Accountability) scores
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
We investigate:
- Shipping contracts and bills of lading
- Loading instructions provided
- Hazmat disclosure documentation
- Weight certification records
Cargo Loading Company
Third-party loading companies that physically load cargo 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 examine:
- Loading company securement procedures
- Loader training records
- Securement equipment used
- Weight distribution documentation
Truck and Trailer Manufacturer
The manufacturer of the truck, trailer, or major components may be liable for defects:
- Design defects in brake systems
- Defective stability control systems
- Fuel tank placement creating fire hazards
- Defective safety systems (ABS, ESC, collision warning)
- Manufacturing defects in critical components
We preserve failed components and research:
- Recall notices
- Technical service bulletins
- Similar defect complaints
- Design specifications and testing records
Parts Manufacturer
Companies that manufacture specific parts may be liable for:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
We analyze:
- Failed components for expert analysis
- Recall history for specific parts
- Similar failure patterns
- Manufacturing and quality control records
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
We review:
- Maintenance work orders
- Mechanic qualifications and training
- Parts used in repairs
- Inspection reports and recommendations
Freight Broker
Freight brokers who arrange transportation but don’t own trucks may be liable for:
- Negligent selection of unsafe carriers
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
- Selecting cheapest carrier despite safety concerns
We investigate:
- Broker-carrier agreements
- Carrier selection criteria
- Carrier safety record at time of selection
- Broker’s due diligence procedures
Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability for:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
We examine:
- Lease agreements
- Maintenance responsibility allocations
- Owner’s knowledge of driver history
Government Entity
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
Special considerations apply:
- Sovereign immunity limits government liability
- Strict notice requirements and short deadlines
- Must prove actual notice of dangerous condition
The Critical 48-Hour Evidence Preservation Protocol
In 18-wheeler accident cases, evidence disappears FAST. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
Why 48 Hours Matters
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
- The sooner sent, the more weight it carries
We send spoliation letters IMMEDIATELY – within 24-48 hours of being retained.
What Our Spoliation Letters Demand
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Previous employer verification
- Medical certification and exam records
- Drug and alcohol test results
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data Explained
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.
Types of Electronic Recording:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points We Extract:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
Why This Data Wins Cases:
ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases across Texas, including several in the Panhandle region.
FMCSA Regulations: Your Legal Weapon Against Trucking Companies
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 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 Spearman accident victims.
The 6 Critical Parts of FMCSA Regulations
| Part | Title | What It Covers | Common Spearman Violations |
|---|---|---|---|
| Part 390 | General Applicability | Definitions, who regulations apply to | Misclassifying employees as independent contractors |
| Part 391 | Driver Qualification | Who can drive, medical requirements, training | Hiring unqualified drivers, incomplete DQ files |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol | HOS violations, distracted driving, impairment |
| Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights | Improper cargo securement, brake failures, lighting issues |
| Part 395 | Hours of Service | How long drivers can drive, required rest | False logs, driving beyond limits, no breaks |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records | Deferred maintenance, no pre-trip inspections |
Part 391: Driver Qualification Standards
This part establishes who is qualified to drive a commercial motor vehicle. Minimum requirements include:
- Being at least 21 years old (18 for intrastate)
- Ability to read and speak English sufficiently
- Ability to safely operate the CMV and cargo type
- Being physically qualified under § 391.41
- Having a valid commercial driver’s license (CDL)
- Completing a driver’s road test or equivalent
- Not being disqualified under § 391.15
- Completing 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 | Common Spearman Violations |
|---|---|---|
| Employment Application | Completed per § 391.21 | Incomplete applications, falsified information |
| Motor Vehicle Record | From state licensing authority | Failure to obtain or review records |
| Road Test Certificate | Or equivalent documentation | No road test conducted |
| Medical Examiner’s Certificate | Current, valid (max 2 years) | Expired certificates, unqualified medical examiners |
| Annual Driving Record Review | Must be conducted and documented | No annual reviews conducted |
| Previous Employer Inquiries | 3-year driving history investigation | Incomplete or no background checks |
| Drug & Alcohol Test Records | Pre-employment and random testing | No pre-employment testing, failed random tests |
Why This Matters for Your Spearman Case:
If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case we handle in the Panhandle.
Part 392: Driving Rules
This part establishes rules for the safe operation of CMVs.
Key Regulations:
- § 392.3: No driver shall operate a CMV while impaired by fatigue, illness, or any other cause
- § 392.4: No driver shall be on duty while using Schedule I substances or other impairing substances
- § 392.5: No alcohol use within 4 hours of driving or while on duty
- § 392.6: No scheduling runs that require speeding
- § 392.11: No following too closely
- § 392.82: No hand-held mobile phone use while driving
Why This Matters:
These regulations make BOTH the driver AND the trucking company liable when violations cause accidents. We frequently find violations of these rules in Spearman cases, particularly:
- Fatigued driving on long hauls from Oklahoma to Texas
- Following too closely on Highway 54
- Distracted driving from cell phone use
- Impaired driving from prescription medications
Part 393: Vehicle Safety
This part establishes equipment and cargo securement standards.
Cargo Securement Requirements (§ 393.100-136):
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
Common Spearman Violations:
- Overloaded grain trucks during harvest
- Improperly secured oilfield equipment
- Unbalanced loads on agricultural machinery
- Inadequate tiedowns on livestock trailers
Brake Requirements (§ 393.40-55):
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems must meet specific requirements
- Brake adjustment must be maintained within specifications
Lighting Requirements (§ 393.11-26):
- Headlamps, tail lamps, stop lamps
- Clearance and side marker lamps
- Reflectors and retroreflective sheeting
- Turn signal lamps
Part 395: Hours of Service Regulations
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 (§ 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 (§ 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 in Spearman Cases:
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 before it’s overwritten or deleted.
Part 396: Inspection, Repair, and Maintenance
This part 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 Spearman Cases:
Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence. We’ve seen numerous cases in the Panhandle where deferred maintenance directly caused accidents, particularly on the hilly terrain of Highway 207.
Types of 18-Wheeler Accidents We Handle in Spearman
Jackknife Accidents
Definition: A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.
Spearman-Specific Factors:
- Sudden braking on Highway 54’s rolling hills
- Speeding on Highway 207’s curves
- Empty or lightly loaded trailers returning from grain elevators
- Improperly loaded agricultural equipment
- Brake failures on long descents
Common Causes in Spearman:
- Sudden or improper braking, especially on wet or icy roads
- Speeding on curves or in adverse conditions
- Empty or lightly loaded trailers (more prone to swing)
- Improperly loaded or unbalanced cargo
- Brake system failures or worn brakes
- Driver inexperience with emergency maneuvers
- Slippery road surfaces without speed reduction
Evidence We Gather:
- Skid mark analysis showing trailer angle
- Brake inspection records and maintenance logs
- Weather conditions at time of accident
- ELD data showing speed before braking
- ECM data for brake application timing
- Cargo manifest and loading records
FMCSA Violations Often Present:
- 49 CFR § 393.48 – Brake system malfunction
- 49 CFR § 393.100 – Improper cargo securement
- 49 CFR § 392.6 – Speeding for conditions
Injuries Common in Spearman Jackknife Accidents:
Multiple vehicle involvement often leads to TBI, spinal cord injuries, crushing injuries, and wrongful death. Vehicles struck by the swinging trailer experience catastrophic impact forces.
Rollover Accidents
Definition: A rollover occurs when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight (up to 80,000 lbs), rollovers are among the most catastrophic trucking accidents.
Spearman-Specific Factors:
- Speeding on Highway 83’s curves near the Oklahoma border
- Taking turns too sharply at the US 54/US 83 intersection
- Improperly secured grain loads shifting during transport
- Liquid cargo “slosh” in fuel and chemical tankers
- Overcorrection after tire blowouts on Highway 207
- Driver fatigue on long hauls from Kansas to Texas
Common Causes in Spearman:
- Speeding on curves, ramps, or turns
- Taking turns too sharply at excessive speed
- Improperly secured or unevenly distributed cargo
- Liquid cargo “slosh” shifting center of gravity
- Overcorrection after tire blowout or lane departure
- Driver fatigue causing delayed reaction
- Road design defects (inadequate banking on curves)
Evidence We Gather:
- ECM data for speed through curve
- Cargo manifest and securement documentation
- Load distribution records
- Driver training records on rollover prevention
- Road geometry and signage analysis
- Witness statements on truck speed
FMCSA Violations Often Present:
- 49 CFR § 393.100-136 – Cargo securement violations
- 49 CFR § 392.6 – Exceeding safe speed
- 49 CFR § 392.3 – Operating while fatigued
Injuries Common in Spearman Rollover Accidents:
Crushed vehicles beneath trailer, multiple vehicle involvement, fuel fires causing severe burns, TBI from impact, spinal cord injuries, and wrongful death.
Underride Collisions
Definition: An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.
Spearman-Specific Factors:
- Rear underride at the US 54/US 83 intersection
- Side underride during wide turns at grain elevators
- Poor lighting conditions on rural highways
- Sudden stops by trucks entering weigh stations
- Inadequate or missing underride guards
Statistics:
- Among the most FATAL types of 18-wheeler accidents
- Approximately 400-500 underride deaths occur annually in the United States
- Rear underride and side underride are both deadly; side underride has no federal guard requirement
Types:
- Rear Underride: Vehicle strikes back of trailer, often at intersections or during sudden stops
- Side Underride: Vehicle impacts side of trailer during lane changes, turns, or at intersections
Common Causes in Spearman:
- Inadequate or missing underride guards
- Worn or damaged rear impact guards
- Truck sudden stops without adequate warning
- Low visibility conditions (night, fog, rain – common on Panhandle highways)
- Truck lane changes into blind spots
- Wide right turns cutting off traffic (common at grain elevators)
- Inadequate rear lighting or reflectors
Evidence We Gather:
- Underride guard inspection and maintenance records
- Rear lighting compliance documentation
- Crash dynamics showing underride depth
- Guard installation and certification records
- Visibility conditions at accident scene
- Post-crash guard deformation analysis
FMCSA/NHTSA Requirements:
- 49 CFR § 393.86 – Rear impact guards required on trailers manufactured after 1/26/1998
- Guards must prevent underride at 30 mph impact
- NO FEDERAL REQUIREMENT for side underride guards (advocacy ongoing)
Injuries Common in Spearman Underride Accidents:
Decapitation, severe head and neck trauma, death of all vehicle occupants, traumatic brain injury, spinal cord severance. These accidents are almost always fatal or catastrophic.
Rear-End Collisions
Definition: A rear-end collision occurs when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries in the Spearman area.
Spearman-Specific Factors:
- Following too closely on Highway 54’s high-speed sections
- Driver distraction from dispatch communications
- Driver fatigue on long hauls from Kansas
- Excessive speed for traffic conditions on Highway 207
- Brake failures from poor maintenance
- Failure to anticipate traffic slowdowns at weigh stations
Statistics:
- 18-wheelers require 20-40% more stopping distance than passenger vehicles
- A fully loaded truck at 65 mph needs approximately 525 feet to stop (nearly two football fields)
- Rear-end collisions are the second most common type of large truck crash
Common Causes in Spearman:
- Following too closely (tailgating)
- Driver distraction (cell phone, dispatch communications)
- Driver fatigue and delayed reaction
- Excessive speed for traffic conditions
- Brake failures from poor maintenance
- Failure to anticipate traffic slowdowns
- Impaired driving (drugs, alcohol)
Evidence We Gather:
- ECM data showing following distance and speed
- ELD data for driver fatigue analysis
- Cell phone records for distraction evidence
- Brake inspection and maintenance records
- Dashcam footage (if available)
- Traffic conditions and speed limits
FMCSA Violations Often Present:
- 49 CFR § 392.11 – Following too closely
- 49 CFR § 392.3 – Operating while fatigued
- 49 CFR § 392.82 – Mobile phone use
- 49 CFR § 393.48 – Brake system deficiencies
Injuries Common in Spearman Rear-End Collisions:
Whiplash, spinal cord injuries, TBI from impact, internal organ damage, crushing injuries when vehicle is pushed into other objects, wrongful death.
Wide Turn Accidents (“Squeeze Play”)
Definition: Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.
Why Trucks Make Wide Turns in Spearman:
- 18-wheelers need significant space to complete turns
- Trailer tracks inside the path of the cab
- Drivers must swing wide to avoid curbs, signs, or buildings
- Particularly common at grain elevators and agricultural facilities
Spearman-Specific Locations:
- US 54/US 83 intersection
- Grain elevator entrances
- Highway 207 intersections
- Agricultural supply stores
- Livestock auction facilities
Common Causes in Spearman:
- Failure to properly signal turning intention
- Inadequate mirror checks before and during turn
- Improper turn technique (swinging too early or too wide)
- Driver inexperience with trailer tracking
- Failure to yield right-of-way when completing turn
- Poor intersection design forcing wide turns
Evidence We Gather:
- Turn signal activation data from ECM
- Mirror condition and adjustment records
- Driver training records on turning procedures
- Intersection geometry analysis
- Witness statements on turn execution
- Surveillance camera footage from nearby businesses
FMCSA Violations Often Present:
- 49 CFR § 392.11 – Unsafe lane changes
- 49 CFR § 392.2 – Failure to obey traffic signals
- State traffic law violations for improper turns
Injuries Common in Spearman Wide Turn Accidents:
Crushing injuries from being caught between truck and curb/building, sideswipe injuries, pedestrian and cyclist fatalities, TBI, amputations.
Blind Spot Accidents (“No-Zone”)
Definition: Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).
The Four No-Zones in Spearman Trucking:
- Front No-Zone: 20 feet directly in front of the cab – driver cannot see low vehicles
- Rear No-Zone: 30 feet behind the trailer – no rear-view mirror visibility
- Left Side No-Zone: Extends from cab door backward – smaller than right side
- Right Side No-Zone: Extends from cab door backward, much larger than left – MOST DANGEROUS
Spearman-Specific Factors:
- Right-side blind spot accidents during lane changes on Highway 54
- Front no-zone accidents at stoplights and intersections
- Rear no-zone accidents on Highway 207’s high-speed sections
- Mirror visibility issues in dusty conditions
Statistics:
- Right-side blind spot accidents are especially dangerous due to larger blind spot area
- Many blind spot accidents occur during lane changes on highways
Common Causes in Spearman:
- Failure to check mirrors before lane changes
- Improperly adjusted or damaged mirrors
- Inadequate mirror checking during sustained maneuvers
- Driver distraction during lane changes
- Driver fatigue affecting situational awareness
- Failure to use turn signals allowing other drivers to anticipate
Evidence We Gather:
- Mirror condition and adjustment at time of crash
- Lane change data from ECM/telematics
- Turn signal activation records
- Driver training on blind spot awareness
- Dashcam footage
- Witness statements on truck behavior
FMCSA Requirements:
- 49 CFR § 393.80 – Mirrors must provide clear view to rear on both sides
- Proper mirror adjustment is part of driver pre-trip inspection
Injuries Common in Spearman Blind Spot Accidents:
Sideswipe injuries causing vehicle loss of control, rollover of passenger vehicle, crushing injuries, ejection from vehicle, TBI, spinal injuries.
Tire Blowout Accidents
Definition: Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.
Spearman-Specific Factors:
- Extreme temperature variations (-10°F winters to 100°F+ summers)
- Long distances between tire services
- Overloaded grain trucks during harvest
- Road debris from agricultural equipment
- Improper tire matching on dual wheels
Statistics:
- 18-wheelers have 18 tires, each of which can fail
- Steer tire (front) blowouts are especially dangerous – can cause immediate loss of control
- “Road gators” (tire debris) cause thousands of accidents annually on Panhandle highways
Common Causes in Spearman:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Manufacturing defects
- Improper tire matching on dual wheels
- Heat buildup on long hauls
- Inadequate pre-trip tire inspections
Evidence We Gather:
- Tire maintenance and inspection records
- Tire age and wear documentation
- Tire inflation records and pressure checks
- Vehicle weight records (weigh station)
- Tire manufacturer and purchase records
- Failed tire for defect analysis
FMCSA Requirements:
- 49 CFR § 393.75 – Tire requirements (tread depth, condition)
- 49 CFR § 396.13 – Pre-trip inspection must include tire check
- Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions
Injuries Common in Spearman Tire Blowout Accidents:
Resulting jackknife or rollover causes catastrophic injuries. Tire debris strikes following vehicles causing windshield impacts, loss of control. TBI, facial trauma, wrongful death.
Brake Failure Accidents
Definition: Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.
Spearman-Specific Factors:
- Hilly terrain on Highway 207 toward Perryton
- Long descents causing brake fade
- Deferred maintenance to save costs
- Worn brake pads not replaced
- Improper brake adjustments
- Air brake system leaks
Statistics:
- Brake problems are a factor in approximately 29% of large truck crashes
- Brake system violations are among the most common FMCSA out-of-service violations
- Complete brake failure is often the result of systematic maintenance neglect
Common Causes in Spearman:
- Worn brake pads or shoes not replaced
- Improper brake adjustment (too loose)
- Air brake system leaks or failures
- Overheated brakes (brake fade) on long descents
- Contaminated brake fluid
- Defective brake components
- Failure to conduct pre-trip brake inspections
- Deferred maintenance to save costs
Evidence We Gather:
- Brake inspection and maintenance records
- Out-of-service inspection history
- ECM data showing brake application and effectiveness
- Post-crash brake system analysis
- Driver vehicle inspection reports (DVIRs)
- Mechanic work orders and parts records
FMCSA Requirements:
- 49 CFR § 393.40-55 – Brake system requirements
- 49 CFR § 396.3 – Systematic inspection and maintenance
- 49 CFR § 396.11 – Driver post-trip report of brake condition
- Air brake pushrod travel limits specified
Injuries Common in Spearman Brake Failure Accidents:
Severe rear-end collision injuries, multi-vehicle pileups, TBI from high-speed impact, spinal cord injuries, wrongful death, crushing injuries.
Cargo Spill/Shift Accidents
Definition: Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.
Spearman-Specific Factors:
- Improperly secured grain loads during harvest
- Agricultural machinery not properly blocked and braced
- Oilfield equipment (pipes, tanks, drilling rigs) not properly secured
- Livestock trailers with inadequate tiedowns
- Liquid cargo (fuel, chemicals) shifting in tankers
Statistics:
- Cargo securement violations are among the top 10 most common FMCSA violations
- Shifted cargo causes rollover accidents when center of gravity changes
- Spilled cargo on highways causes secondary accidents
Types:
- Cargo Shift: Load moves during transit, destabilizing truck
- Cargo Spill: Load falls from truck onto roadway
- Hazmat Spill: Hazardous materials leak or spill, creating additional dangers
Common Causes in Spearman:
- Inadequate tiedowns (insufficient number or strength)
- Improper loading distribution
- Failure to use blocking, bracing, or friction mats
- Tiedown failure due to wear or damage
- Overloading beyond securement capacity
- Failure to re-inspect cargo during trip
- Loose tarps allowing cargo shift
Evidence We Gather:
- Cargo securement inspection photos
- Bill of lading and cargo manifest
- Loading company records
- Tiedown specifications and condition
- 49 CFR 393 compliance documentation
- Driver training on cargo securement
FMCSA Requirements:
- 49 CFR § 393.100-136 – Complete cargo securement standards
- Working load limits for tiedowns specified
- Specific requirements by cargo type (logs, metal coils, machinery, etc.)
Injuries Common in Spearman Cargo Accidents:
Vehicles struck by falling cargo, chain-reaction accidents from spilled loads, hazmat exposure injuries, rollover injuries when cargo shifts.
Head-On Collisions
Definition: Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.
Spearman-Specific Factors:
- Driver fatigue on long hauls from Kansas or Oklahoma
- Driver falling asleep at the wheel on Highway 54’s straight stretches
- Driver distraction from cell phone use
- Medical emergencies (heart attack, seizure)
- Overcorrection after running off road
- Passing on two-lane sections of Highway 207
- Wrong-way entry onto divided highways
Statistics:
- Head-on collisions are among the deadliest accident types
- Even at moderate combined speeds, the force is often fatal
- Often occur on two-lane highways or from wrong-way entry
Common Causes in Spearman:
- Driver fatigue causing lane departure
- Driver falling asleep at the wheel
- Driver distraction (phone, GPS, dispatch)
- Impaired driving (drugs, alcohol)
- Medical emergency (heart attack, seizure)
- Overcorrection after running off road
- Passing on two-lane roads
- Wrong-way entry onto divided highways
Evidence We Gather:
- ELD data for HOS compliance and fatigue
- ECM data showing lane departure and steering
- Cell phone records for distraction
- Driver medical records and certification
- Drug and alcohol test results
- Route and dispatch records
FMCSA Violations Often Present:
- 49 CFR § 395 – Hours of service violations
- 49 CFR § 392.3 – Operating while fatigued
- 49 CFR § 392.4/5 – Drug or alcohol violations
- 49 CFR § 392.82 – Mobile phone use
Injuries Common in Spearman Head-On Collisions:
Catastrophic injuries or death are common. The closing speed combines both vehicles’ velocities. TBI, spinal cord injuries, internal organ damage, amputations, crushing injuries, wrongful death.
What to Do After an 18-Wheeler Accident in Spearman
Immediate Steps
-
Call 911 and report the accident
- Request police and emergency medical services
- Report the accident location (be specific about highway markers)
- Mention if there are injuries or hazardous materials involved
-
Seek medical attention immediately
- Even if injuries seem minor, get checked out
- Adrenaline masks pain – internal injuries may not be apparent
- Visit the Hansford County Hospital or call EMS for evaluation
- Follow up with your primary care physician
-
Document the scene
- Take photos and videos of:
- All vehicle damage (inside and out)
- The accident scene (road conditions, skid marks, debris)
- Street signs and traffic signals
- Your injuries
- The truck and trailer (including license plates and DOT number)
- Use your cell phone to document everything
- Take photos and videos of:
-
Collect information
- Get the truck driver’s:
- Name and contact information
- Commercial driver’s license (CDL) number
- Trucking company name and contact information
- Insurance information
- Get information from all witnesses:
- Names and phone numbers
- What they saw
- Note the responding officer’s name and badge number
- Get the truck driver’s:
-
Do NOT give recorded statements
- Insurance adjusters will call quickly – they work for the trucking company
- Anything you say will be used to minimize your claim
- Politely decline to give statements without your attorney present
-
Call Attorney911 immediately
- Critical evidence disappears quickly
- We’ll send a spoliation letter within 24-48 hours
- Early intervention protects your rights
Within 24-48 Hours
-
Contact Attorney911 for a free consultation
- Call 1-888-ATTY-911 (1-888-288-9911)
- We’re available 24/7 to take your call
- Our team will begin preserving evidence immediately
-
Follow all medical advice
- Attend all follow-up appointments
- Follow treatment plans
- Keep records of all medical visits and expenses
- Document how your injuries affect your daily life
-
Do not post on social media
- Insurance companies will monitor your accounts
- Even innocent posts can be used against you
- Avoid discussing your accident or injuries online
-
Keep a pain journal
- Document your symptoms daily
- Note how your injuries affect your work and daily activities
- Record your pain levels and limitations
-
Avoid discussing your case
- Don’t talk to insurance adjusters without your attorney
- Don’t discuss fault or injuries with anyone
- Refer all inquiries to Attorney911
Why Choose Attorney911 for Your Spearman Trucking Accident Case
Our Trucking Accident Experience
At Attorney911, we’ve been fighting for trucking accident victims across the Texas Panhandle for over 25 years. Our managing partner, Ralph Manginello, has:
- Recovered multi-million dollar settlements and verdicts for trucking accident victims
- Federal court admission to the U.S. District Court, Southern District of Texas
- Experience in BP explosion litigation against multinational corporations
- Insider knowledge of commercial trucking insurance company tactics from former defense attorneys on our team
- Deep familiarity with Spearman’s trucking corridors, weigh stations, and accident patterns
We’ve handled cases against major commercial defendants including:
- Walmart trucking operations
- Coca-Cola distribution vehicles
- Amazon delivery trucks
- FedEx trucks
- UPS trucks
- Various commercial trucking companies
Our Insider Advantage
Our firm includes Lupe Peña, a former insurance defense attorney who knows exactly how trucking insurance companies evaluate, minimize, and deny claims. He spent years working on the other side, learning:
- How insurance companies value claims
- How adjusters are trained to minimize payouts
- What makes them settle cases
- How they deny claims
- Their internal claims valuation software
Now he uses that insider knowledge to fight for YOU.
Our Local Knowledge
We know Spearman and the Texas Panhandle. We understand:
- The unique challenges of Highway 54, Highway 83, and Highway 207
- The agricultural and oilfield industries that create heavy truck traffic
- The local courts and judges
- The specific accident patterns in our area
- The grain harvest seasons that increase truck traffic
- The oil and gas activity that brings specialized equipment
Our Track Record
We’ve recovered millions for trucking accident victims across Texas. While every case is unique, our results demonstrate our ability to hold trucking companies accountable:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2+ Million – Maritime Back Injury Settlement
- $2.5M – Truck Crash Recovery
- Millions recovered for families in trucking-related wrongful death cases
Our Approach
-
Immediate Action
- We send spoliation letters within 24-48 hours
- We preserve critical evidence before it’s destroyed
- We deploy accident reconstruction experts quickly
-
Comprehensive Investigation
- Obtain ECM/Black Box data
- Subpoena ELD records
- Secure Driver Qualification Files
- Review maintenance records
- Analyze dispatch logs
- Investigate cargo securement
-
Aggressive Representation
- We don’t accept lowball settlement offers
- We prepare every case as if it’s going to trial
- We fight for maximum compensation
- We hold ALL liable parties accountable
-
Personal Attention
- You’re not just a case number – you’re family
- We keep you informed every step of the way
- We answer your questions promptly
- We treat you with compassion and respect
Our Promise to You
- Free Consultation: No cost, no obligation
- No Fee Unless We Win: You pay nothing unless we recover compensation
- 24/7 Availability: We’re here when you need us
- Personal Attention: Direct access to your legal team
- Maximum Recovery: We fight for every dollar you deserve
Frequently Asked Questions About Spearman Trucking Accidents
What should I do immediately after an 18-wheeler accident in Spearman?
If you’ve been in a trucking accident in Spearman, 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. Hansford County Hospital and local clinics 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 Spearman?
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 Spearman?
IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
What is a spoliation letter and why is it important?
A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.
Who can I sue after an 18-wheeler accident in Spearman?
Multiple parties may be liable in trucking accidents:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:
- Negligent hiring (hiring unqualified drivers)
- Negligent training (inadequate safety training)
- Negligent supervision (failing to monitor driver behavior)
- Negligent maintenance (poor vehicle upkeep)
What if the truck driver says the accident was my fault?
Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.
What is an owner-operator and does that affect my case?
An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.
How do I find out if the trucking company has a bad safety record?
FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:
- CSA (Compliance, Safety, Accountability) scores
- Inspection history and out-of-service rates
- Crash history
- Safety rating
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes. This data can show:
- Speed before and during the crash
- Brake application timing
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
What injuries are common in 18-wheeler accidents in Spearman?
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 Spearman?
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 Spearman?
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 Spearman?
The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
Do I need to pay anything upfront to hire your firm?
NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.
How much insurance do trucking companies carry?
Federal law requires minimum liability coverage:
- $750,000 for non-hazardous freight
- $1,000,000 for oil, large equipment
- $5,000,000 for hazardous materials
Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.
What if multiple insurance policies apply to my accident?
Trucking cases often involve multiple policies:
- Motor carrier’s liability policy
- Trailer interchange coverage
- Cargo insurance
- Owner-operator’s policy
- Excess/umbrella coverage
We identify all available coverage to maximize your recovery.
Will the trucking company’s insurance try to settle quickly?
Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.
What if the truck driver was an independent contractor?
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 cargo spills create liability?
Improperly secured cargo that shifts or spills can cause accidents. The cargo owner, loading company, and trucking company may all share liability for:
- Improper loading
- Inadequate securement
- Overloading
- Failure to inspect during transit
What if a tire blowout caused my accident?
Tire blowouts can result from:
- Underinflation
- Overloading
- Worn tires
- Manufacturing defects
- Road debris
The trucking company, tire manufacturer, or maintenance provider may be liable.
How do brake failures get investigated?
We investigate:
- Maintenance records
- Brake adjustment records
- Pre-trip inspection reports
- ECM data showing brake performance
- Post-crash brake system analysis
- Driver training on brake inspections
What if the truck’s dashcam recorded the accident?
Dashcam footage can be powerful evidence. We demand preservation of all video evidence and analyze it to determine:
- Driver behavior before the crash
- Traffic conditions
- Roadway factors
- Other vehicles’ actions
Can I get the truck’s GPS data?
Yes. GPS and telematics data shows:
- The truck’s route
- Speed history
- Stop locations
- Driving patterns
This data can prove speeding, HOS violations, and other negligent behavior.
What if the trucking company goes bankrupt?
Even if the trucking company goes bankrupt, their insurance coverage remains available. We pursue all available insurance policies to ensure you receive compensation.
How are future medical expenses calculated?
We work with medical experts, life care planners, and economists to calculate:
- Future medical treatments
- Rehabilitation needs
- Assistive devices
- Home modifications
- Ongoing care costs
These calculations ensure your settlement accounts for lifelong needs.
What is loss of consortium?
Loss of consortium compensates family members for the loss of:
- Companionship
- Intimacy
- Household services
- Guidance and support
This claim is available to spouses and sometimes parents or children.
When are punitive damages available?
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
How do product defects (brakes, tires) create liability?
If a defective part contributed to your accident, the manufacturer may be liable for:
- Design defects
- Manufacturing defects
- Failure to warn
- Defective safety systems
We preserve failed components and work with engineering experts to prove defects.
What if road conditions contributed to my accident?
Government entities may be liable for:
- Dangerous road design
- Failure to maintain roads
- Inadequate signage
- Improper work zone setup
Special rules apply to government claims, including strict notice requirements.
Can I sue for PTSD after a trucking accident?
Yes. PTSD (Post-Traumatic Stress Disorder) compensation is available. Symptoms may include:
- Flashbacks
- Severe anxiety
- Depression
- Sleep disturbances
- Avoidance behaviors
We work with mental health professionals to document and prove these claims.
What if I was partially at fault for the accident?
Texas follows a modified comparative negligence rule. You can recover compensation as long as you’re not more than 50% at fault. Your recovery will be reduced by your percentage of fault.
How do you prove the driver was fatigued?
We prove fatigue through:
- ELD data showing HOS violations
- Dispatch records showing unrealistic schedules
- Cell phone records showing late-night communications
- Witness testimony about driver behavior
- Trucking company safety policies
What is the FMCSA and how does it help my case?
The Federal Motor Carrier Safety Administration regulates commercial trucking. Their regulations provide standards for:
- Driver qualifications
- Hours of service
- Vehicle maintenance
- Cargo securement
- Drug and alcohol testing
Proving FMCSA violations establishes negligence and strengthens your case.
Can I access the trucking company’s safety record?
Yes. FMCSA maintains public safety records at safer.fmcsa.dot.gov. We obtain:
- CSA scores
- Inspection history
- Crash records
- Out-of-service violations
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
What experts do you use in trucking cases?
We work with:
- Accident reconstruction experts
- Medical experts
- Vocational rehabilitation experts
- Life care planners
- Economists
- Trucking industry experts
- Engineers (for product liability cases)
These experts help prove liability, damages, and future care needs.
Call Attorney911 Today
If you or a loved one has been injured in an 18-wheeler accident in Spearman, Texas, don’t wait. Critical evidence is disappearing every hour. Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free consultation.
Our Spearman trucking accident attorneys offer:
- Free case evaluations
- No fee unless we win
- 24/7 availability
- Immediate evidence preservation
- Aggressive representation against trucking companies
- Personal attention from our legal team
Hablamos Español. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.
Call Now: 1-888-ATTY-911
You’re not just another case number – you’re family. When an 18-wheeler changes your life, you need a lawyer who treats you like family. At Attorney911, we fight for Spearman families like our own.
“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