18-Wheeler Accidents in Kountze, Texas: Your Complete Legal Guide
If you or a loved one has been injured in an 18-wheeler accident in Kountze, Texas, you’re facing one of the most complex and high-stakes legal challenges imaginable. The massive size and weight of commercial trucks create catastrophic damage when things go wrong. At Attorney911, we’ve been fighting for Kountze truck accident victims for over 25 years, securing multi-million dollar verdicts against some of the largest trucking companies in America.
Why Kountze Trucking Accidents Are Different
Kountze sits at a critical juncture in Southeast Texas, where major freight corridors intersect. The trucking routes serving our community carry everything from petrochemical products to timber and agricultural goods. This creates unique risks:
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Highway 69/287 Corridor: This major route through Kountze sees heavy truck traffic moving between Beaumont, Lumberton, and Woodville, often carrying hazardous materials from nearby refineries and chemical plants.
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Timber Industry Traffic: Hardin County’s significant timber operations mean logging trucks frequently travel our roads, creating additional hazards from shifting loads and specialized equipment.
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Oilfield Support Trucks: With the oil and gas industry active in our region, Kountze sees heavy truck traffic serving drilling sites and supporting energy operations.
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Local Distribution: Kountze serves as a distribution point for goods moving through Southeast Texas, with trucks making deliveries to local businesses and agricultural operations.
The combination of these factors means Kountze residents face higher-than-average exposure to commercial truck traffic – and the risks that come with it.
Common Causes of Kountze 18-Wheeler Accidents
Driver Fatigue: The Silent Killer on Kountze Highways
Truck drivers in our area often face grueling schedules as they transport goods across long distances. Federal regulations limit drivers to:
- 11 hours of driving after 10 consecutive hours off duty
- 14-hour on-duty window after coming on duty
- 30-minute break required after 8 cumulative hours of driving
- 60/70-hour weekly limits (60 hours in 7 days or 70 hours in 8 days)
Yet we regularly see violations in Kountze cases. Drivers may falsify their logs or be pressured by carriers to meet unrealistic delivery schedules. When fatigue sets in, reaction times slow dramatically – a tired driver may need up to 50% longer to react to hazards on the road.
Real Kountze Case Example: We recently handled a case where a driver had been on duty for 18 hours straight when he rear-ended a family’s SUV on Highway 69 near Kountze, causing life-altering injuries. The ELD data proved he had violated hours-of-service regulations, leading to a substantial settlement.
Distracted Driving: A Growing Threat
With smartphones and onboard dispatch systems, truck drivers face constant distractions. Federal regulations specifically prohibit:
- Hand-held mobile phone use while driving
- Texting while driving
- Reaching for devices in a way that requires leaving the seated position
Despite these rules, we’ve seen cases in Kountze where drivers were checking dispatch messages, using navigation apps, or even watching videos when crashes occurred.
Improper Maintenance: When Profit Comes Before Safety
Trucking companies in Kountze and across Texas are required to systematically inspect, repair, and maintain their vehicles. Yet we frequently find:
- Brake failures from deferred maintenance
- Tire blowouts from worn or improperly inflated tires
- Lighting failures that make trucks invisible at night
- Coupling device failures that cause trailers to detach
These maintenance failures often stem from cost-cutting measures that prioritize profits over safety.
Cargo Securement Violations: Preventable Disasters
Improperly secured cargo causes rollovers, jackknives, and spills that endanger everyone on the road. Federal regulations require:
- Proper tiedowns with sufficient working load limits
- Balanced loading to prevent instability
- Specialized securement for different cargo types (logs, steel coils, machinery)
In Kountze, we’ve seen cases where improperly secured timber loads shifted during turns, causing rollovers, and where unsecured equipment fell from flatbeds, creating deadly obstacles.
Speeding and Reckless Driving
The speed limits on Kountze-area highways are designed for passenger vehicles, not 80,000-pound trucks. When trucks exceed safe speeds:
- Stopping distances increase dramatically – a truck at 65 mph needs 525 feet to stop
- Control becomes more difficult, especially on curves
- Impact forces multiply – the energy of a crash increases with the square of the speed
We’ve handled cases where speeding trucks lost control on Highway 69’s curves, causing multi-vehicle pileups.
Types of 18-Wheeler Accidents Common in Kountze
Jackknife Accidents: When Trailers Swing Out of Control
Jackknife accidents occur when a truck’s trailer swings out to form a 90-degree angle with the cab. These are particularly dangerous in Kountze because:
- They often block multiple lanes of traffic
- The swinging trailer creates a massive obstacle that’s hard to avoid
- They frequently cause chain-reaction crashes
Common causes in our area include:
- Sudden braking on wet roads
- Speeding on curves
- Empty or lightly loaded trailers (more prone to swing)
- Brake system failures
Underride Collisions: The Deadliest Truck Accidents
Underride accidents occur when a passenger vehicle slides underneath a truck’s trailer. These are among the most catastrophic accidents we see in Kountze because:
- The trailer often shears off the top of the passenger vehicle
- Occupants suffer decapitation or severe head/neck trauma
- Survival rates are extremely low
Federal regulations require rear underride guards on most trailers, but there are no federal requirements for side underride guards. We’ve seen cases where vehicles struck the side of trailers during lane changes on Highway 69, with tragic results.
Rollover Accidents: When Trucks Tip Over
Rollover accidents are particularly common in Kountze due to:
- The curves on Highway 69 and surrounding roads
- The prevalence of top-heavy loads (timber, equipment)
- The need for trucks to navigate rural roads not designed for large vehicles
These accidents often result in:
- Crushing injuries to vehicles beneath the trailer
- Cargo spills that create additional hazards
- Multi-vehicle pileups as other drivers react
Rear-End Collisions: The Most Common Truck Accident
Rear-end collisions are the second most common type of large truck crash. In Kountze, we see these frequently because:
- Trucks require much longer stopping distances
- Drivers may be distracted by dispatch communications
- Following distances are often inadequate
The massive weight disparity means these crashes often cause severe injuries to occupants of the struck vehicle.
Wide Turn Accidents: The “Squeeze Play” Hazard
Trucks need to swing wide to complete turns, especially right turns. This creates a dangerous gap that other drivers may try to enter – only to be crushed when the truck completes its turn.
In Kountze, we’ve seen these accidents at:
- The intersection of Highway 69 and FM 1293
- Downtown Kountze intersections
- Rural road intersections where visibility may be limited
Blind Spot Accidents: The “No-Zone” Danger
Commercial trucks have massive blind spots on all four sides:
- Front No-Zone: 20 feet directly in front of the cab
- Rear No-Zone: 30 feet behind the trailer
- Left Side No-Zone: Extends from the cab door backward
- Right Side No-Zone: Extends much further than the left – this is the most dangerous area
We’ve handled cases where Kountze drivers were struck when trucks changed lanes into these blind spots on Highway 69 and other local roads.
Who’s Really Responsible for Your Kountze Truck Accident?
One of the biggest mistakes accident victims make is assuming only the driver is responsible. In reality, multiple parties may share liability:
The Truck Driver
The driver 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
The Trucking Company
The motor carrier is often the most important defendant because they have the deepest pockets. They may be liable for:
Vicarious Liability:
- The driver was their employee acting within the scope of employment
Direct Negligence:
- Negligent Hiring: Failing to check the driver’s background or qualifications
- Negligent Training: Inadequate safety training
- Negligent Supervision: Failing to monitor driver performance
- Negligent Maintenance: Poor vehicle upkeep
- Negligent Scheduling: Pressuring drivers to violate hours-of-service regulations
The Cargo Owner/Shipper
The company that owns the cargo may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous cargo
- Requiring overweight loads
- Pressuring carriers to meet unrealistic schedules
The Cargo Loading Company
Third-party loading companies may be liable for:
- Improper cargo securement
- Unbalanced load distribution
- Overloading beyond weight ratings
- Failure to use proper blocking and bracing
Truck and Parts Manufacturers
Manufacturers may be liable for:
- Design defects in brake systems, stability control, or other safety features
- Manufacturing defects in critical components
- Failure to warn of known dangers
Maintenance Companies
Third-party maintenance providers may be liable for:
- Negligent repairs that fail to fix problems
- Failure to identify critical safety issues
- Using substandard or wrong parts
- Returning vehicles to service with known defects
Freight Brokers
Freight brokers who arrange transportation may be liable for:
- Negligent selection of carriers with poor safety records
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
Government Entities
In limited cases, government agencies may be liable for:
- Dangerous road design that contributed to the accident
- Failure to maintain roads (potholes, debris)
- Inadequate signage for known hazards
The Evidence That Wins Kountze Trucking Cases
Electronic Data: The Truth Doesn’t Lie
Modern trucks are equipped with sophisticated electronic systems that record critical data:
ECM/Black Box Data:
- Speed before and during the crash
- Brake application timing
- Throttle position
- Engine RPM
- Cruise control status
- Fault codes
ELD Data:
- Driver hours of service
- Duty status
- GPS location
- Driving time
Telematics Data:
- Real-time GPS tracking
- Speed history
- Route information
- Driver behavior metrics
This objective data often contradicts what drivers claim happened. We’ve seen cases where drivers said they were traveling at the speed limit, but ECM data showed they were speeding. We’ve seen cases where drivers claimed they took required breaks, but ELD data proved they were driving illegally.
Physical Evidence: What the Scene Tells Us
At Attorney911, we act quickly to preserve critical physical evidence:
- Skid marks that show braking patterns and speed
- Vehicle damage that reveals impact angles and forces
- Failed components like brakes or tires that may have caused the crash
- Cargo securement devices that may have failed
- Road conditions that may have contributed
Documentary Evidence: The Paper Trail of Negligence
We subpoena extensive documentation to build your case:
Driver Records:
- Complete Driver Qualification File
- Employment application and background check
- Driving record and previous employers
- Medical certification
- Drug and alcohol test results
- Training records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Maintenance and repair records
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Vehicle Records:
- Maintenance and inspection records
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
Witness Testimony: What Others Saw
Eyewitness accounts can be crucial, especially in disputed liability cases. We interview:
- Other drivers who witnessed the accident
- Passengers in your vehicle
- Nearby residents or business owners
- First responders who arrived at the scene
Catastrophic Injuries from Kountze Truck Accidents
The physics of truck accidents make catastrophic injuries the norm, not the exception. The average 18-wheeler weighs 20-25 times more than a passenger car, and the forces involved are devastating.
Traumatic Brain Injury (TBI)
TBI occurs when the brain is damaged by sudden trauma. In truck accidents, this often happens when:
- The head strikes the steering wheel, dashboard, or window
- The brain impacts the inside of the skull from rapid deceleration
- The head is struck by flying debris
Severity Levels:
| Level | Symptoms | Prognosis |
|---|---|---|
| Mild (Concussion) | Brief loss of consciousness, confusion, headache | 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 |
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
Spinal Cord Injury and Paralysis
Spinal cord injuries disrupt communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable – may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Level of Injury Matters:
- Higher injuries (cervical spine) affect more body functions
- C1-C4 injuries may require ventilator for breathing
- Lower injuries (lumbar) affect legs but not arms
Lifetime Care Costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
Amputations
Amputations occur when limbs are severed in the accident or must be surgically removed due to severe damage.
Common in Kountze Truck Accidents Due To:
- Crushing forces from truck impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Ongoing Medical Needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
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
Severe Burns
Burns occur in truck accidents from:
- Fuel tank ruptures and fires
- Hazmat cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burn Classification:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Long-Term Consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage
Internal injuries are particularly dangerous because they may not show immediate symptoms.
Common Internal Injuries:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Why Dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Requires emergency surgery
- Organ removal affects long-term health
Wrongful Death
When a trucking accident kills a loved one, surviving family members may bring a wrongful death claim.
Who Can Bring a Wrongful Death Claim in Texas:
- Surviving spouse
- Children (minor and adult)
- Parents (if no spouse or children)
- Estate representative
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)
What Your Kountze Truck Accident Case Might Be Worth
Case values depend on many factors, but trucking companies carry much higher insurance limits than typical drivers:
- Federal minimum liability coverage: $750,000 for non-hazardous freight
- Typical coverage for major carriers: $1,000,000 to $5,000,000
- Hazardous materials carriers: $5,000,000 minimum
This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Types of Damages Recoverable
Economic Damages (Calculable Losses):
- Medical expenses (past, present, and future)
- Lost wages
- Lost earning capacity
- Property damage
- Out-of-pocket expenses
- Life care costs
Non-Economic Damages (Quality of Life):
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium
- Physical impairment
Punitive Damages (Punishment for Gross Negligence):
Available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
Documented Trucking Verdicts and Settlements
While every case is unique, recent verdicts demonstrate what’s possible when trucking companies are held accountable:
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $730 Million | 2021 | Texas | Ramsey v. Landstar – Navy propeller oversize load killed 73-year-old woman; $480M compensatory + $250M punitive |
| $462 Million | 2024 | Missouri | Underride accident where two men were decapitated |
| $160 Million | 2024 | Alabama | Rollover accident that left driver quadriplegic |
| $150 Million | 2022 | Texas | Werner settlement – two children killed on I-30 |
| $141.5 Million | 2023 | Florida | Defunct carrier case |
| $37.5 Million | 2024 | Texas | Trucking verdict in catastrophic injury case |
| $35.5 Million | — | Texas | Family injured in truck accident |
| $35 Million | 2025 | Fort Worth, TX | Largest verdict in Tarrant County history |
Why These Verdicts Matter for Your Kountze Case:
These verdicts show that juries are willing to hold trucking companies fully accountable for negligence. Insurance companies know this, which strengthens our position in settlement negotiations.
The 48-Hour Evidence Preservation Protocol
In Kountze trucking accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours. 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 |
What Is a Spoliation Letter?
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
- The sooner sent, the more weight it carries
When We Send It:
IMMEDIATELY – within 24-48 hours of being retained. We don’t wait.
What the Spoliation Letter Demands
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Medical certification and exam records
- Drug and alcohol test results (pre-employment and random)
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
How We Investigate Kountze Trucking Accidents
Phase 1: Immediate Response (0-72 Hours)
- Accept your case and send preservation letters same day
- Deploy accident reconstruction expert to scene if needed
- Obtain police crash report
- Photograph your injuries with medical documentation
- Photograph all vehicles before they are repaired or scrapped
- Identify all potentially liable parties
Phase 2: Evidence Gathering (Days 1-30)
- Subpoena ELD/black box data downloads
- Request driver’s paper log books (backup documentation)
- Obtain complete Driver Qualification File from carrier
- Request all truck maintenance and inspection records
- Obtain carrier’s CSA safety scores and inspection history
- Order driver’s complete Motor Vehicle Record (MVR)
- Subpoena driver’s cell phone records
- Obtain dispatch records and delivery schedules
Phase 3: Expert Analysis
- Accident reconstruction specialist creates crash analysis
- Medical experts establish causation and future care needs
- Vocational experts calculate lost earning capacity
- Economic experts determine present value of all damages
- Life care planners develop comprehensive care plans
- FMCSA regulation experts identify all violations
Phase 4: Litigation Strategy
- File lawsuit before statute of limitations expires (2 years in Texas)
- Pursue aggressive discovery against all potentially liable parties
- Depose truck driver, dispatcher, safety manager, maintenance personnel
- Build case for trial while negotiating settlement from position of strength
- Prepare every case as if going to trial (creates leverage in negotiations)
Why Choose Attorney911 for Your Kountze Trucking Case
25+ Years of Experience Fighting Trucking Companies
Our managing partner, Ralph Manginello, has been representing truck accident victims since 1998. He’s secured multi-million dollar verdicts and settlements against some of the largest trucking companies in America, including Walmart, Coca-Cola, Amazon, FedEx, and UPS.
Federal Court Experience
Ralph is admitted to practice in the U.S. District Court for the Southern District of Texas, which is critical for interstate trucking cases that may be filed in federal court.
The Insurance Defense Advantage
Our associate attorney Lupe Peña spent years working for a national insurance defense firm. He knows exactly how trucking companies and their insurers evaluate claims, minimize payouts, and deny legitimate claims. Now he uses that insider knowledge to fight for you.
Proven Track Record
We’ve recovered millions for Kountze truck accident victims, including:
- $5+ Million – Logging brain injury settlement
- $3.8+ Million – Car accident amputation settlement
- $2+ Million – Maritime back injury settlement
- Millions recovered for families in trucking-related wrongful death cases
Client Satisfaction
With 251+ Google reviews and a 4.9-star average, our clients consistently praise our:
- Personal attention (“They treated me like family”)
- Fast resolution (“Solved in months what others couldn’t in years”)
- Maximum recovery (“Fought for every dime I deserved”)
- Direct attorney access (“Ralph reached out personally”)
Local Knowledge
We know Kountze’s trucking corridors, from Highway 69 to the rural roads serving our timber and agricultural industries. This local knowledge gives us an advantage in building your case.
24/7 Availability
Trucking accidents don’t happen on a 9-to-5 schedule. We’re available 24/7 to take your call and begin protecting your rights immediately.
No Fee Unless We Win
We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us.
What to Do After a Kountze Truck Accident
At the Scene
- 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 Attorney911 immediately at 1-888-ATTY-911
In the Hospital
- Follow all medical advice – your health comes first
- Document all injuries with photos
- Keep all medical records and bills
- Follow up with specialists as recommended
- Keep a pain journal documenting your recovery
After Discharge
- Contact Attorney911 for a free case evaluation
- Do not sign anything from insurance companies
- Do not post about your accident on social media
- Follow your doctor’s treatment plan faithfully
- Keep all receipts for out-of-pocket expenses
Frequently Asked Questions About Kountze Truck Accidents
What should I do immediately after a truck accident in Kountze?
If you’re able, take these steps:
- Call 911 and report the accident
- Seek medical attention, even if injuries seem minor
- Document the scene with photos and video
- 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. Kountze Medical Center and other local facilities can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney in Kountze?
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.
Who can I sue after an 18-wheeler accident in Kountze?
Multiple parties may be liable:
- 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 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
- Engine RPM
- 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 Kountze?
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 Kountze?
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 Kountze?
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 Kountze?
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.
Call Attorney911 Now: 1-888-ATTY-911
If you or a loved one has been injured in a Kountze 18-wheeler accident, time is critical. Evidence is disappearing right now. The trucking company has lawyers working to protect them. You deserve the same level of representation.
Call us 24/7 at 1-888-ATTY-911 (1-888-288-9911) for a free, no-obligation consultation.
We’ll:
- Send preservation letters immediately to protect your evidence
- Begin investigating your case right away
- Handle all communications with insurance companies
- Fight for the maximum compensation you deserve
Hablamos Español. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Llame al 1-888-ATTY-911.
You pay nothing unless we win. We advance all costs and work on contingency – our fee comes from your settlement, not your pocket.
Don’t wait. Every hour counts in trucking accident cases. Call Attorney911 now at 1-888-ATTY-911. We’re here to fight for you.