18-Wheeler Accident Lawyers in Devine, Texas | Attorney911

When an 18-Wheeler Changes Your Life in an Instant

The impact was catastrophic. Eighty thousand pounds of steel against your sedan on Devine’s highways. One moment, you’re driving home from work on I-35 or US-81. The next, an 18-wheeler is jackknifing across three lanes, or a tire blowout sends debris flying toward your windshield. In an instant, everything changes.

If you or a loved one has been seriously injured in an 18-wheeler accident in Devine, Texas, you need more than just a lawyer—you need a fighter who understands the unique dangers of Medina County’s trucking corridors. You need Attorney911.

Devine’s Trucking Corridors: Where Highways Become Danger Zones

Devine sits at the crossroads of some of Texas’s busiest trucking routes, and our team knows these roads like the back of our hands:

• I-35: The NAFTA corridor that carries massive freight traffic from Laredo to San Antonio and beyond. This interstate sees some of the highest truck volumes in Texas, with commercial vehicles hauling everything from produce to hazardous materials through our community.
• US-81: A critical north-south route connecting San Antonio to the Hill Country and beyond. This highway serves as a primary alternative to I-35 and sees significant truck traffic, particularly from local agricultural operations and distribution centers.
• FM 462 and FM 1343: These farm-to-market roads connect Devine to surrounding agricultural areas and see heavy truck traffic during harvest seasons, particularly for cotton, corn, and other crops grown in Medina County.
• The Port of San Antonio corridor: Devine sits just 30 miles from the Port of San Antonio, a major logistics hub that generates significant truck traffic through our area. The Port serves as a key distribution point for military cargo, aerospace components, and commercial freight.
• Local distribution centers: Devine’s strategic location between San Antonio and the Eagle Ford Shale region has made it a hub for distribution facilities, adding to the truck traffic on our roads.

These aren’t just highways to us—they’re the places where Devine families travel every day, where our kids go to school, where our local businesses depend on safe transportation. And when an 18-wheeler accident happens here, we know exactly what evidence to look for, which regulations were likely violated, and how to hold negligent trucking companies accountable.

Why Devine Trucking Accidents Are Different

Trucking accidents in Devine and Medina County present unique challenges that require local knowledge and specialized legal expertise:

1. Mixed traffic patterns: Our roads see a dangerous mix of local commuters, agricultural equipment, oilfield trucks, and long-haul 18-wheelers. This combination creates complex traffic dynamics that require careful accident reconstruction.

2. Rural road hazards: While I-35 and US-81 are major highways, many of our local roads are rural routes with limited shoulders, poor lighting, and sudden changes in elevation. These conditions can be particularly treacherous for large trucks.

3. Agricultural trucking: Medina County is one of Texas’s top agricultural producers, particularly for cotton, corn, and livestock. Seasonal harvests create peak trucking periods with increased risk of overloaded trucks, improperly secured cargo, and fatigued drivers.

4. Oil and gas traffic: Devine’s proximity to the Eagle Ford Shale region means our roads see significant truck traffic related to oil and gas operations, including oversize loads and hazardous materials transport.

5. Local trucking culture: Devine has a strong tradition of local trucking operations serving our agricultural and small business communities. Many of these are family-owned businesses with varying degrees of compliance with federal safety regulations.

6. Limited emergency services: While Devine has excellent local emergency responders, the rural nature of Medina County means longer response times for serious accidents, particularly on our less-traveled roads.

7. Jurisdictional complexities: Devine sits at the intersection of multiple law enforcement jurisdictions, including the Texas Department of Public Safety, Medina County Sheriff’s Office, and local police departments. Our team understands how to navigate these different agencies to obtain all necessary accident reports and evidence.

The Devastating Reality of 18-Wheeler Accidents

The physics of 18-wheeler accidents make catastrophic injuries the norm in Devine, not the exception:

• Size and weight disparity: A fully loaded 18-wheeler can weigh up to 80,000 pounds—20 to 25 times heavier than the average passenger car. When these massive vehicles collide with smaller vehicles on Devine’s roads, the results are often devastating.

• Impact force: An 80,000-pound truck traveling at 65 mph on I-35 carries approximately 80 times the kinetic energy of a typical passenger car. This energy transfers to the smaller vehicle in a crash, causing catastrophic damage.

• Stopping distance: On Devine’s highways, an 18-wheeler at 65 mph needs approximately 525 feet to stop—nearly two football fields. A passenger car needs only about 300 feet. This 40% longer stopping distance means trucks cannot avoid obstacles as quickly, particularly on rural roads with limited visibility.

The most common catastrophic injuries we see in Devine trucking accidents include:

• Traumatic brain injuries (TBI): The violent forces of a truck collision often cause the brain to impact the inside of the skull, leading to concussions, cognitive impairments, or permanent brain damage.

• Spinal cord injuries and paralysis: Damage to the spinal cord can result in paraplegia (loss of function below the waist) or quadriplegia (loss of function in all four limbs), changing lives forever.

• Amputations: The crushing forces from truck impacts or entrapment requiring extraction can lead to traumatic amputations or necessitate surgical removal of limbs.

• Severe burns: Fuel tank ruptures, hazmat cargo spills, or electrical fires from truck collisions can cause third- and fourth-degree burns requiring extensive treatment and rehabilitation.

• Internal organ damage: The extreme forces of truck accidents can cause liver lacerations, spleen damage, kidney injuries, lung contusions, and internal bleeding.

• Wrongful death: Tragically, many trucking accidents in Devine result in fatalities. When a loved one is killed due to a trucking company’s negligence, surviving family members may pursue wrongful death claims.

Why Trucking Companies Target Devine Accident Victims

When an 18-wheeler accident happens in Devine, the trucking company’s rapid-response team springs into action—usually before the ambulance arrives. Their goal isn’t to help you; it’s to protect their interests and minimize their financial exposure.

Here’s what happens behind the scenes:

1. Immediate evidence preservation (for them): Trucking companies send investigators to the scene to document everything from their perspective. They photograph the accident, interview their driver, and begin building their defense—all while you’re still being treated for your injuries.

2. Driver coaching: The trucking company’s lawyers or claims adjusters will coach their driver on what to say (and what not to say) to authorities, witnesses, and insurance companies. They’ll emphasize any factors that might shift blame to you or minimize their driver’s responsibility.

3. Black box data collection: Most modern 18-wheelers have electronic control modules (ECMs) or “black boxes” that record critical data about the truck’s operation. This data can include speed, braking, throttle position, and hours of service. Trucking companies know how to access this data—and how to interpret it in ways that benefit their defense.

4. ELD log review: Electronic logging devices (ELDs) record driver hours of service. Trucking companies review these logs to identify any potential violations that could be used to argue driver fatigue, but they also know how to manipulate or explain away these violations.

5. Maintenance record review: Companies examine maintenance records to identify any potential mechanical issues that could have contributed to the accident. They’ll look for ways to argue that any maintenance deficiencies were minor or unrelated to the crash.

6. Witness identification and interviewing: Trucking company investigators will attempt to identify and interview witnesses before you or your attorney have the opportunity. They’ll frame questions in ways that elicit responses favorable to their defense.

7. Insurance strategy development: The trucking company’s insurance team begins developing a claims strategy designed to minimize payout. This includes determining liability, estimating damages, and identifying potential weaknesses in your case.

8. Spoliation of evidence: In some cases, trucking companies may destroy or “lose” evidence that could be damaging to their case. This might include maintenance records, driver logs, or even the truck itself if it’s not properly preserved.

The trucking company’s goal is clear: protect their profits by paying you as little as possible. They have teams of lawyers, investigators, and insurance adjusters working against you from the moment the accident happens.

But here’s the good news: You don’t have to fight them alone. At Attorney911, we level the playing field. Our team includes a former insurance defense attorney who knows every tactic the trucking companies will use against you. We move just as fast as they do—and we fight just as hard.

The Attorney911 Advantage: Fighting for Devine Families

When you’re up against the trucking industry’s legal machine, you need more than just a lawyer—you need a team with the experience, resources, and local knowledge to take on these corporate giants. At Attorney911, we offer Devine families a unique combination of advantages:

1. Local Knowledge of Devine’s Trucking Corridors

We know Devine’s roads like the back of our hands, and we understand the specific challenges they present for truck drivers and local motorists:

• I-35 challenges: This major interstate corridor through Devine presents unique hazards, including sudden traffic slowdowns, limited exit options, and the constant mixing of local and long-haul traffic. We understand how these factors contribute to accidents and how to investigate them effectively.

• US-81 dynamics: This north-south route through Devine sees significant truck traffic from agricultural operations, oilfield services, and local distribution. The highway’s mix of high-speed travel and local access points creates dangerous conflict zones.

• FM 462 and FM 1343 hazards: These farm-to-market roads present unique challenges for large trucks, including sharp curves, limited shoulders, and sudden changes in elevation. We understand how these road conditions contribute to accidents and how to document them properly.

• Port of San Antonio traffic patterns: Devine’s proximity to the Port of San Antonio means our roads see significant truck traffic from this major logistics hub. We understand the unique challenges of port-related trucking, including tight delivery windows and the pressure to meet just-in-time requirements.

• Agricultural seasonality: Medina County is one of Texas’s top agricultural producers, and we understand how seasonal harvests create peak trucking periods with increased risk of overloaded trucks, improperly secured cargo, and fatigued drivers.

• Oil and gas trucking: Devine’s location near the Eagle Ford Shale region means our roads see significant truck traffic related to oil and gas operations. We understand the unique risks associated with oversize loads, hazardous materials transport, and the pressure to meet production deadlines.

2. Insider Knowledge of Insurance Company Tactics

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm before joining Attorney911. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims because he used to do it himself.

Here’s what that means for your case:

• We know their formulas: Insurance companies use sophisticated algorithms to calculate claim values. Lupe knows these formulas inside and out, and he knows how to maximize your recovery within their own valuation systems.

• We recognize their tactics: Insurance adjusters are trained to use specific tactics to minimize claims. We know what these tactics are, we know how to spot them, and we know how to counter them effectively.

• We understand their training: Insurance adjusters receive extensive training on how to handle claims. We know what this training entails, and we know how to use that knowledge to your advantage.

• We know when they’re bluffing: Insurance companies often make lowball settlement offers hoping you’ll accept out of desperation. We know when they’re bluffing and when they’re prepared to pay more.

• We understand their software: Many insurance companies use specialized software to evaluate claims. We understand how these systems work and how to present your case in a way that maximizes its value in their systems.

• We know their weaknesses: Every insurance company has weaknesses in their claims handling process. We know what these weaknesses are and how to exploit them to get you the compensation you deserve.

3. Proven Track Record Against Trucking Companies

We’ve been fighting for trucking accident victims in Devine and across Texas for over 25 years. Our track record speaks for itself:

• Multi-million dollar settlements: We’ve recovered millions for Devine families devastated by 18-wheeler crashes, including a $5+ million settlement for a logging brain injury case and a $3.8+ million settlement for a car accident that resulted in amputation due to medical complications.

• Fortune 500 defendants: We’ve taken on some of the largest trucking companies in America, including Walmart, Coca-Cola, Amazon, FedEx, and UPS. These companies have teams of lawyers and unlimited resources—but we know how to beat them.

• Federal court experience: Our managing partner, Ralph Manginello, is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court experience is crucial for interstate trucking cases, which often involve federal regulations and can be filed in federal court.

• BP Texas City explosion litigation: We were one of the few Texas firms involved in the BP Texas City explosion litigation, demonstrating our ability to handle complex, high-stakes industrial disaster cases against well-funded corporate defendants.

• Active major litigation: We’re currently litigating a $10+ million hazing lawsuit against the University of Houston and Pi Kappa Phi fraternity, showing our commitment to holding institutions accountable for negligence.

• 4.9-star client rating: With over 251 Google reviews and a 4.9-star average rating, our clients consistently praise our dedication, communication, and results.

4. Immediate Evidence Preservation

In trucking accident cases, evidence disappears fast. We move immediately to preserve critical evidence before it’s lost forever:

• Spoliation letters: We send formal legal notices to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident. These letters put defendants on notice that destroying evidence will result in serious legal consequences.

• Black box data preservation: We demand immediate download of all ECM/black box data, which can be overwritten within 30 days or with new driving events. This data provides objective evidence of the truck’s speed, braking, and other critical factors.

• ELD log preservation: Electronic logging devices record driver hours of service. We preserve this data to prove whether the driver was fatigued or in violation of federal regulations.

• Dashcam footage preservation: Many trucks have forward-facing and cab-facing cameras. We preserve this footage, which can provide crucial evidence of what happened in the moments leading up to the accident.

• Physical evidence preservation: We ensure the truck and trailer are preserved in their post-accident condition, along with any failed components that may have contributed to the crash.

• Witness interviews: We identify and interview witnesses before their memories fade. Witness testimony can be crucial in proving liability, especially in complex accident scenarios.

5. Comprehensive Investigation Process

We leave no stone unturned in investigating your Devine trucking accident. Our comprehensive process includes:

Phase 1: Immediate Response (0-72 Hours)

• Accept your case and send preservation letters the same day
• Deploy accident reconstruction experts to the scene if needed
• Obtain the police crash report from the Devine Police Department or Medina County Sheriff’s Office
• 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 the driver’s paper log books (backup documentation)
• Obtain the complete Driver Qualification File from the carrier
• Request all truck maintenance and inspection records
• Obtain the carrier’s CSA (Compliance, Safety, Accountability) safety scores and inspection history
• Order the driver’s complete Motor Vehicle Record (MVR)
• Subpoena the driver’s cell phone records
• Obtain dispatch records and delivery schedules
• Review all available surveillance footage from nearby businesses

Phase 3: Expert Analysis

• Retain accident reconstruction specialists to create a detailed crash analysis
• Consult with medical experts to establish causation and future care needs
• Work with vocational experts to calculate lost earning capacity
• Engage economic experts to determine the present value of all damages
• Develop comprehensive life care plans for catastrophic injuries
• Consult with FMCSA regulation experts to identify all violations

Phase 4: Litigation Strategy

• File a lawsuit in the appropriate court before the statute of limitations expires
• Pursue aggressive discovery against all potentially liable parties
• Depose the truck driver, dispatcher, safety manager, and maintenance personnel
• Build your case for trial while negotiating settlement from a position of strength
• Prepare every case as if going to trial—this creates leverage in settlement negotiations

6. Bilingual Services for Devine’s Hispanic Community

Devine has a significant Hispanic population, and we’re proud to serve our Spanish-speaking neighbors with the same level of dedication and expertise we offer all our clients. Our associate attorney, Lupe Peña, is fluent in Spanish, and our staff includes Spanish-speaking team members like Zulema, who has been specifically praised in client reviews for her kindness and translation skills.

This means:

• Direct communication: No interpreters are needed, which eliminates potential misunderstandings and builds trust.
• Cultural understanding: We understand the unique needs and concerns of Devine’s Hispanic community when it comes to legal representation.
• Comprehensive representation: From the initial consultation to settlement negotiations, you can communicate in your preferred language.
• Community connection: As a firm deeply rooted in Texas, we understand the importance of serving all members of our community with respect and dignity.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.

7. Contingency Fee Representation

We believe that every Devine family deserves access to high-quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis:

• No upfront costs: You pay nothing to hire us. We advance all costs of investigation and litigation.
• No fee unless we win: We only get paid if we recover compensation for you. If we don’t win your case, you owe us nothing.
• Percentage of recovery: Our fee is a percentage of the amount we recover for you, which means our interests are perfectly aligned with yours—we only succeed if you succeed.
• No hidden costs: All expenses are clearly explained upfront, and you’ll never receive a bill from us.

This arrangement allows you to pursue justice without financial risk. It also means we’re highly motivated to maximize your recovery—because our fee depends on it.

Common Types of 18-Wheeler Accidents in Devine

Devine’s unique mix of highways, rural roads, and trucking traffic patterns creates specific types of accidents that we see frequently in our practice. Understanding these accident types helps us investigate your case more effectively and identify the most likely causes and liable parties.

1. Jackknife Accidents on I-35 and US-81

What happens: 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.

Why they’re common in Devine:

• Sudden traffic slowdowns on I-35 and US-81, particularly near the Devine exits
• Wet or icy road conditions, especially during winter months
• Empty or lightly loaded trailers, which are more prone to swing
• Improper braking techniques, particularly on the highway’s gentle curves
• Brake system failures or improperly adjusted brakes
• Driver inexperience with emergency braking maneuvers

Common injuries: Jackknife accidents often result in multi-vehicle pileups, leading to traumatic brain injuries, spinal cord injuries, crushing injuries, and wrongful death.

Evidence we look for:

• Skid mark analysis showing the trailer’s angle
• Brake inspection records and maintenance logs
• Weather conditions at the time of the accident
• ELD data showing speed before braking
• ECM data for brake application timing
• Cargo manifest and loading records

2. Rollover Accidents on Rural Roads and Highway Ramps

What happens: An 18-wheeler tips onto its side or roof due to centrifugal force, uneven loading, or loss of control.

Why they’re common in Devine:

• Speeding on curves, particularly on FM 462 and FM 1343
• Taking turns too sharply at excessive speed on rural roads
• Improperly secured or unevenly distributed cargo
• Liquid cargo “slosh” shifting the center of gravity
• Overcorrection after tire blowouts or lane departures
• Driver fatigue causing delayed reactions
• Road design defects on rural routes

Common injuries: Rollovers frequently lead to crushing injuries when the trailer falls on smaller vehicles, cargo spills that cause secondary accidents, and catastrophic injuries to the truck occupants.

Evidence we look for:

• ECM data for speed through curves
• Cargo manifest and securement documentation
• Load distribution records
• Driver training records on rollover prevention
• Road geometry and signage analysis
• Witness statements on the truck’s speed and behavior

3. Underride Collisions on Devine’s Highways

What happens: 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.

Why they’re common in Devine:

• Inadequate or missing underride guards on older trailers
• Worn or damaged rear impact guards
• Truck sudden stops without adequate warning on I-35
• Low visibility conditions, particularly at night or in fog
• Truck lane changes into blind spots on US-81
• Wide right turns cutting off traffic at Devine intersections
• Inadequate rear lighting or reflectors

Types of underride accidents we see in Devine:

• Rear underride: Vehicle strikes the back of a trailer, often at intersections or during sudden stops on I-35.
• Side underride: Vehicle impacts the side of a trailer during lane changes on US-81 or at rural intersections.

Common injuries: Underride accidents are among the most fatal types of trucking accidents. They often result in decapitation, severe head and neck trauma, death of all vehicle occupants, traumatic brain injury, and spinal cord severance.

Evidence we look for:

• Underride guard inspection and maintenance records
• Rear lighting compliance documentation
• Crash dynamics showing underride depth
• Guard installation and certification records
• Visibility conditions at the accident scene
• Post-crash guard deformation analysis

4. Tire Blowout Accidents on Highway and Rural Roads

What happens: 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.

Why they’re common in Devine:

• Extreme Texas heat causing tire overheating and blowouts
• Underinflated tires due to improper maintenance
• Overloaded vehicles exceeding tire capacity
• Worn or aging tires not replaced according to manufacturer recommendations
• Road debris punctures from agricultural equipment on rural roads
• Manufacturing defects in tires
• Improper tire matching on dual wheels
• Inadequate pre-trip tire inspections

Common injuries: Tire blowouts often result in loss of control accidents, jackknife incidents, or rollovers. Following vehicles can be struck by flying debris, causing windshield impacts, loss of control, and severe facial injuries.

Evidence we look for:

• Tire maintenance and inspection records
• Tire age and wear documentation
• Tire inflation records and pressure checks
• Vehicle weight records from weigh stations
• Tire manufacturer and purchase records
• Failed tire for defect analysis

5. Brake Failure Accidents on I-35’s Long Descents

What happens: An 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.

Why they’re common in Devine:

• Worn brake pads or shoes not replaced during maintenance
• Improper brake adjustment (too loose)
• Air brake system leaks or failures
• Overheated brakes (brake fade) on long descents, particularly on I-35 south of Devine
• Contaminated brake fluid
• Defective brake components
• Failure to conduct pre-trip brake inspections
• Deferred maintenance to save costs

Common injuries: Brake failures cause severe rear-end collisions, multi-vehicle pileups, traumatic brain injuries, spinal cord injuries, wrongful death, and crushing injuries.

Evidence we look for:

• 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

6. Cargo Spill and Shift Accidents on Agricultural Routes

What happens: Improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.

Why they’re common in Devine:

• Inadequate tiedowns for agricultural products on FM 462 and FM 1343
• Improper loading distribution of cotton, grain, or livestock
• Failure to use blocking, bracing, or friction mats for agricultural loads
• Tiedown failure due to wear or damage
• Overloading beyond securement capacity
• Failure to re-inspect cargo during long hauls
• Loose tarps allowing cargo shift on open loads
• Pressure to meet harvest deadlines leading to rushed loading

Types of cargo accidents we see in Devine:

• Cargo shift: Load moves during transit, destabilizing the truck and causing rollovers or loss of control.
• Cargo spill: Load falls from the truck onto the roadway, creating hazards for following vehicles.
• Hazmat spill: Hazardous materials leak or spill, creating additional dangers for motorists and first responders.

Common injuries: Vehicles struck by falling cargo, chain-reaction accidents from spilled loads, hazmat exposure injuries, rollover injuries when cargo shifts, and crushing injuries from unsecured loads.

Evidence we look for:

• 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

7. Fatigue-Related Accidents on Long-Haul Routes

What happens: A truck driver falls asleep at the wheel or becomes too fatigued to operate the vehicle safely, leading to lane departures, rear-end collisions, or other accident types.

Why they’re common in Devine:

• Long-haul drivers passing through Devine on I-35 often violate hours of service regulations
• Pressure from trucking companies to meet tight delivery schedules
• Inadequate rest breaks at Devine truck stops
• Poor sleeping conditions in sleeper berths
• Sleep apnea and other untreated medical conditions
• Falsified ELD logs to conceal hours of service violations
• Inadequate training on fatigue management

Common injuries: Fatigue-related accidents often occur at highway speeds, resulting in catastrophic injuries or fatalities. Common injuries include traumatic brain injury, spinal cord damage, internal organ damage, and wrongful death.

Evidence we look for:

• ELD data showing hours of service violations
• Dispatch records showing schedule pressure
• Driver’s paper log books (if available)
• Cell phone records showing communication with dispatch
• Driver Qualification File for medical certification
• Previous violation history

8. Distracted Driving Accidents on Devine’s Highways

What happens: A truck driver becomes distracted by cell phone use, in-cab electronics, eating, or other activities, leading to lane departures, rear-end collisions, or failure to notice traffic signals.

Why they’re common in Devine:

• Cell phone use while driving, including texting and dispatch communications
• GPS device programming while driving
• Eating and drinking while operating the vehicle
• In-cab electronics distractions
• Dispatch communications through Qualcomm or other systems
• External distractions, particularly on rural routes with scenic views

Common injuries: Distracted driving accidents can result in any type of collision, but they’re particularly dangerous when they involve large trucks. Common injuries include whiplash, traumatic brain injury, spinal cord damage, internal injuries, and wrongful death.

Evidence we look for:

• Cell phone records showing usage at the time of the accident
• ELD data showing erratic driving patterns
• Dashcam footage showing driver behavior
• Witness statements on driver distraction
• Dispatch communication records
• Previous violation history for distracted driving

FMCSA Violations: The Key to Proving Negligence in Your Devine Case

The Federal Motor Carrier Safety Administration (FMCSA) regulates every commercial motor vehicle operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents.

Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation for Devine families. Here are the most common violations we find in our cases:

1. Hours of Service (HOS) Violations (49 CFR Part 395)

The regulation: FMCSA limits how long truck drivers can operate to prevent fatigue:

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

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

How we prove it:

• Obtain ELD data showing driving time and duty status
• Review paper log books (if available) for falsification
• Analyze dispatch records for schedule pressure
• Check for previous HOS violations in the carrier’s safety record

2. False Log Entries (49 CFR § 395.8)

The regulation: Drivers must accurately record their hours of service in ELDs or paper logs. Falsifying these records is a serious violation.

Why it matters: False logs conceal hours of service violations and demonstrate a pattern of deception by the driver and trucking company.

How we prove it:

• Compare ELD data with paper logs
• Analyze GPS data for inconsistencies
• Review dispatch records for schedule pressure
• Check for previous falsification violations

3. Failure to Maintain Brakes (49 CFR § 393.40-55)

The regulation: All commercial motor vehicles must have properly functioning brake systems, including:

• Service brakes on all wheels
• Parking/emergency brake system
• Properly adjusted brakes within specifications
• Regular maintenance and inspection

Why it matters: Brake problems are a factor in approximately 29% of large truck crashes. Poorly maintained brakes increase stopping distances and create dangerous conditions.

How we prove it:

• Obtain maintenance and inspection records
• Review out-of-service orders for brake violations
• Analyze ECM data for brake application timing
• Conduct post-crash brake system analysis
• Check for previous brake violations in safety records

4. Cargo Securement Failures (49 CFR § 393.100-136)

The regulation: Cargo must be properly 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
• Securement systems must withstand specific forces

Why it matters: Improper cargo securement causes rollover accidents, jackknife incidents, and cargo spills that create hazards for other motorists.

How we prove it:

• Obtain cargo securement inspection records
• Review loading company procedures
• Analyze load distribution documentation
• Check tiedown specifications and condition
• Review previous securement violations

5. Unqualified Driver (49 CFR Part 391)

The regulation: Trucking companies must ensure drivers are qualified to operate commercial motor vehicles, including:

• Valid commercial driver’s license (CDL)
• Medical certification
• Clean driving record
• Proper training
• Background check

Why it matters: Unqualified drivers are more likely to cause accidents due to lack of training, medical conditions, or poor driving history.

How we prove it:

• Obtain the Driver Qualification File
• Review employment application and background check
• Check driving record and previous employers
• Verify medical certification
• Review training records

6. Drug and Alcohol Violations (49 CFR § 392.4, § 392.5)

The regulation: Drivers are prohibited from:

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

Why it matters: Impaired driving dramatically increases the risk of accidents. Even small amounts of alcohol or drugs can impair a driver’s ability to operate an 18-wheeler safely.

How we prove it:

• Obtain drug and alcohol test results
• Review previous violation history
• Analyze driving patterns for impairment
• Check for possession of prohibited substances

7. Mobile Phone Use (49 CFR § 392.82)

The regulation: Drivers are prohibited from:

• Using a hand-held mobile telephone while driving
• Reaching for a mobile phone in a manner requiring leaving the seated position
• Texting while driving

Why it matters: Distracted driving is a leading cause of accidents. Using a mobile phone while driving an 18-wheeler is particularly dangerous due to the vehicle’s size and stopping distance.

How we prove it:

• Obtain cell phone records
• Review ELD data for erratic driving patterns
• Analyze dashcam footage
• Check for previous distracted driving violations

8. Failure to Inspect (49 CFR § 396.13)

The regulation: Drivers must inspect their vehicles before every trip and review the last driver vehicle inspection report if defects were noted.

Why it matters: Failure to conduct proper inspections can result in operating vehicles with known defects, increasing the risk of accidents.

How we prove it:

• Obtain Driver Vehicle Inspection Reports (DVIRs)
• Review maintenance records for known defects
• Analyze ECM data for equipment failures
• Check for previous inspection violations

Who Can Be Held Liable in Your Devine Trucking Accident?

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

This is good news for Devine families because it means there may be multiple sources of compensation available to cover your medical expenses, lost wages, and other damages. Here are all the potentially liable parties we investigate in every Devine trucking accident case:

1. The Truck Driver

The driver who caused the accident may be personally liable for their negligent conduct.

Common driver negligence in Devine cases:

• Speeding or reckless driving on I-35 or rural roads
• Distracted driving (cell phone use, GPS programming, eating)
• Fatigued driving beyond legal limits
• Impaired driving (drugs or alcohol)
• Failure to conduct proper pre-trip inspections
• Violation of traffic laws (running red lights, improper lane changes)
• Failure to yield right-of-way at Devine intersections
• Improper cargo securement

Evidence we pursue:

• Driver’s driving record and history
• ELD data showing hours of service
• Drug and alcohol test results
• Cell phone records
• Previous accident history
• Training records

2. The Trucking Company / Motor Carrier

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

Bases for trucking company liability:

Vicarious Liability (Respondeat Superior):

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

Direct Negligence:

• Negligent hiring: Failed to check the driver’s background, driving record, or qualifications
• Negligent training: Inadequate training on safety, cargo securement, or hours of service regulations
• Negligent supervision: Failed to monitor driver performance, ELD compliance, or safety violations
• Negligent maintenance: Failed to maintain the vehicle in safe condition
• Negligent scheduling: Pressured drivers to violate hours of service regulations to meet delivery deadlines

Evidence we pursue:

• Driver Qualification File (or lack thereof)
• Hiring policies and background check procedures
• Training records and curricula
• Supervision and monitoring practices
• Dispatch records showing schedule pressure
• Safety culture documentation
• Previous accident and violation history
• CSA (Compliance, Safety, Accountability) scores

Insurance implications:
Trucking companies carry much higher insurance limits than individual drivers—often $750,000 to $5,000,000 or more—making them the primary target for recovery.

3. The Cargo Owner / Shipper

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

Bases for shipper liability:

• Provided improper loading instructions
• Failed to disclose the hazardous nature of the cargo
• Required overweight loading
• Pressured the carrier to expedite beyond safe limits
• Misrepresented cargo weight or characteristics

Evidence we pursue:

• Shipping contracts and bills of lading
• Loading instructions provided to the carrier
• Hazmat disclosure documentation
• Weight certification records

4. The Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for improper securement.

Bases for loading company liability:

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

Evidence we pursue:

• Loading company securement procedures
• Loader training records
• Securement equipment used
• Weight distribution documentation

5. The Truck and Trailer Manufacturer

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

Bases for manufacturer liability:

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

Evidence we pursue:

• Recall notices and technical service bulletins
• Similar defect complaints in NHTSA database
• Design specifications and testing records
• Component failure analysis

6. The Parts Manufacturer

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

Bases for parts manufacturer liability:

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

Evidence we pursue:

• Failed component for expert analysis
• Recall history for specific parts
• Similar failure patterns
• Manufacturing and quality control records

7. The Maintenance Company

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs.

Bases for maintenance company liability:

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

Evidence we pursue:

• Maintenance work orders
• Mechanic qualifications and training
• Parts used in repairs
• Inspection reports and recommendations
• Previous maintenance violations

8. The Freight Broker

Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection.

Bases for broker liability:

• Negligent selection of a carrier with a poor safety record
• Failure to verify carrier insurance and operating authority
• Failure to check carrier CSA scores
• Selecting the cheapest carrier despite safety concerns

Evidence we pursue:

• Broker-carrier agreements
• Carrier selection criteria
• Carrier safety record at the time of selection
• Broker’s due diligence procedures

9. The Truck Owner (If Different from the Carrier)

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

Bases for owner liability:

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

Evidence we pursue:

• Lease agreements between owner and carrier
• Maintenance responsibility allocations
• Owner’s knowledge of driver history

10. Government Entities

Federal, state, or local government may be liable in limited circumstances for dangerous road conditions.

Bases for government liability:

• 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 for Devine cases:

• Sovereign immunity: Texas law limits government liability, and strict notice requirements apply.
• Short deadlines: Claims against government entities often have much shorter deadlines than other personal injury cases.
• Actual notice: In many cases, you must prove the government had actual notice of the dangerous condition before the accident occurred.

Evidence we pursue for Devine government claims:

• Road design specifications
• Maintenance records for the accident location
• Prior accident history at the same location
• Citizen complaints about the dangerous condition
• Traffic studies or engineering reports
• Signage and signal timing records

The Devine 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.

At Attorney911, we move faster than the trucking companies. Here’s what we do in the critical first 48 hours after a Devine trucking accident:

Why 48 Hours Matters in Devine Cases

Evidence Type	Destruction Risk in Devine
ECM/Black Box Data	Overwrites in 30 days or with new driving events
ELD Data	May be retained only 6 months by regulation
Dashcam Footage	Often deleted within 7-14 days by company policy
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 quickly
Drug/Alcohol Tests	Must be conducted within specific windows (typically 8 hours for alcohol, 32 hours for drugs)
Driver Statements	Initial statements are often the most accurate before coaching occurs

The Attorney911 Spoliation Letter: Your First Line of Defense

What is a spoliation letter?

A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.

Why it matters for Devine families:

• 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
• Establishes a record of what evidence should have been preserved

When we send it:

IMMEDIATELY – within 24-48 hours of being retained. We don’t wait. In Devine cases, we often send the spoliation letter the same day we’re hired.

What Our Spoliation Letter Demands for Devine Cases

Electronic Data (Critical for Devine’s Interstate Corridors):

• 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
• Cab-facing camera footage (if available)
• Dispatch communications and messaging
• Cell phone records and text messages
• Qualcomm or other fleet management system data

Driver Records (Essential for Proving Negligence):

• Complete Driver Qualification File
• Employment application and resume
• Background check and driving record
• Previous employer verification (3-year history)
• 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 (Critical for Maintenance-Related Accidents):

• 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
• Lighting and electrical system records
• Coupling device inspection records

Company Records (Proves Negligent Hiring/Training):

• 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
• Previous accident reports
• CSA (Compliance, Safety, Accountability) scores

Physical Evidence (Preserves the Truck and Its Components):

• The truck and trailer themselves
• Failed or damaged components
• Cargo and securement devices
• Tire remnants if a blowout was involved
• Any personal property damaged in the accident

ECM/Black Box Data: The Objective Witness in Your Devine Case

What is it?

Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box but for trucks. This data provides objective evidence of what happened in the moments leading up to your accident.

Types of electronic recording systems in Devine trucks:

System	What It Records	Why It Matters for Devine Cases
ECM (Engine Control Module)	Engine performance, speed, throttle, RPM, cruise control, fault codes	Shows if the driver was speeding, accelerating, or had engine problems
EDR (Event Data Recorder)	Pre-crash data triggered by sudden deceleration or airbag deployment	Captures critical seconds before impact, including braking and speed
ELD (Electronic Logging Device)	Driver hours, duty status, GPS location, driving time	Proves hours of service violations and driver fatigue
Telematics	Real-time GPS tracking, speed, route, driver behavior	Shows the truck’s exact location and movement patterns
Dashcam	Video of the road ahead, some record cab interior	Provides visual evidence of what happened

Critical data points we recover for Devine cases:

• Speed before crash: Proves speeding or excessive speed for conditions on Devine’s roads
• Brake application: Shows when and how hard brakes were applied, critical for rear-end collisions
• Throttle position: Reveals if the driver was accelerating or coasting before impact
• Following distance: Calculated from speed and deceleration data, proves tailgating
• Hours of service: Proves fatigue and hours of service violations, common on long-haul routes through Devine
• GPS location: Confirms the truck’s route and timing, important for accidents on rural roads
• Fault codes: May reveal known mechanical issues the driver ignored

Why this data wins Devine trucking 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 because it provides irrefutable evidence of negligence.

In one Devine-area case, ECM data showed a truck driver was traveling 78 mph in a 65 mph zone on I-35 just before rear-ending our client’s vehicle. The driver claimed he was going the speed limit, but the data proved otherwise. This evidence was crucial in securing a substantial settlement for our client.

FMCSA Record Retention Requirements: What Trucking Companies Must Preserve

Minimum retention periods under federal law:

Record Type	Retention Period	Why It Matters for Devine Cases
Driver Qualification Files	3 years after termination	Proves negligent hiring if driver had poor safety record
Hours of Service Records	6 months	Shows driver fatigue and HOS violations
Vehicle Inspection Reports	1 year	Documents known defects that may have caused the accident
Maintenance Records	1 year	Proves negligent maintenance if repairs were deferred
Accident Register	3 years	Shows pattern of accidents that may indicate safety problems
Drug Test Records (positive)	5 years	Proves knowledge of driver impairment issues
Drug Test Records (negative)	1 year	Documents compliance with testing requirements

Why our spoliation letter extends these requirements:

Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in:

• Adverse inference instructions: The judge can instruct the jury to assume the destroyed evidence was unfavorable to the trucking company
• Sanctions and monetary penalties: Courts can impose financial penalties for spoliation
• Default judgment: In extreme cases, the court can enter judgment against the trucking company
• Punitive damages: Intentional destruction of evidence can support punitive damage claims

Catastrophic Injuries from Devine 18-Wheeler Accidents

The massive size and weight disparity between 18-wheelers and passenger vehicles means that trucking accidents in Devine often result in catastrophic injuries. These aren’t minor fender-benders—they’re life-altering events that change everything in an instant.

Why 18-Wheeler Accidents Cause Catastrophic Injuries in Devine

1. Size and weight disparity:

   • Fully loaded 18-wheeler: Up to 80,000 pounds
   • Average passenger car: 3,500-4,000 pounds
   • The truck is 20-25 times heavier than your car
   • This massive weight difference creates extreme forces in a collision

2. Impact force:

   • Force = Mass × Acceleration
   • An 80,000-pound truck at 65 mph on I-35 carries approximately 80 times the kinetic energy of a typical passenger car
   • This energy transfers to the smaller vehicle in a crash, causing catastrophic damage

3. Stopping distance:

   • 18-wheeler at 65 mph: ~525 feet to stop (nearly two football fields)
   • Passenger car at 65 mph: ~300 feet to stop
   • This 40% longer stopping distance means trucks cannot avoid obstacles as quickly
   • On Devine’s rural roads with limited visibility, this stopping distance is even more critical

4. Trailer height:

   • The average trailer height is 13.5 feet
   • The average car height is 4.5-5 feet
   • This height difference creates underride hazards where smaller vehicles slide under trailers

Common Catastrophic Injuries in Devine Trucking Accidents

1. Traumatic Brain Injury (TBI)

What it is:
TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull, leading to bruising, bleeding, or tearing of brain tissue.

Severity levels in Devine cases:

Level	Symptoms	Prognosis	Lifetime Care Costs
Mild (Concussion)	Confusion, headache, brief loss of consciousness, dizziness, nausea, blurred vision	Usually recovers within weeks to months, but may have lasting cognitive effects	$85,000 – $300,000
Moderate	Extended unconsciousness (up to 24 hours), persistent confusion, memory problems, cognitive deficits, mood changes	Significant recovery possible with rehabilitation, but may have permanent impairments	$1,500,000 – $5,000,000
Severe	Extended coma (days to months), permanent cognitive impairment, physical disabilities, personality changes	Lifelong disability requiring 24/7 care, may never regain consciousness	$5,000,000 – $10,000,000+

Common symptoms we see in Devine TBI cases:

• Headaches and migraines
• Memory loss and confusion
• Difficulty concentrating
• Mood changes, depression, anxiety
• Sleep disturbances
• Sensory problems (vision, hearing, taste)
• Speech difficulties
• Personality changes
• Seizures
• Vegetative state (in severe cases)

Long-term consequences for Devine families:

• Permanent cognitive impairment affecting work and daily life
• Inability to return to previous employment
• Need for ongoing care and supervision
• Increased risk of dementia and Alzheimer’s disease
• Emotional and psychological trauma for both the victim and family
• Substantial medical expenses for rehabilitation and care

Lifetime care costs: $85,000 to $10,000,000+ depending on severity

2. Spinal Cord Injury and Paralysis

What it is:
Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis. The severity depends on the level of the injury and whether it’s complete or incomplete.

Types of paralysis we see in Devine trucking accidents:

Type	Definition	Impact on Devine Families	Lifetime Care Costs
Paraplegia	Loss of function below the waist	Cannot walk, may affect bladder and bowel control, sexual function	$1,100,000 – $2,500,000
High Paraplegia	Loss of function in lower body and partial upper body	Limited arm function, may require wheelchair for mobility	$2,500,000 – $5,000,000
Quadriplegia (Tetraplegia)	Loss of function in all four limbs	Cannot walk or use arms, may need breathing assistance, requires 24/7 care	$3,500,000 – $10,000,000+
Incomplete Injury	Some nerve function remains	Variable – may have some sensation or movement, better prognosis for recovery	$500,000 – $5,000,000
Complete Injury	No nerve function below injury	Total loss of sensation and movement below injury level	$1,000,000 – $10,000,000+

Level of injury matters for Devine families:

• Cervical spine (C1-C8): Injuries to the neck can affect arm function and may require ventilator support for breathing
  • C1-C4 injuries: Most severe, often require ventilator for breathing
  • C5-C8 injuries: May retain some arm function but still require extensive care
• Thoracic spine (T1-T12): Injuries to the upper back affect trunk stability and may result in paraplegia
• Lumbar spine (L1-L5): Injuries to the lower back affect leg function but typically don’t impact arm function
• Sacral spine (S1-S5): Injuries to the tailbone may affect bowel, bladder, and sexual function

Common complications in Devine spinal cord injury cases:

• Pressure sores from immobility
• Respiratory complications (pneumonia, lung infections)
• Blood clots and deep vein thrombosis
• Spasticity and muscle contractures
• Chronic pain
• Depression and psychological trauma
• Autonomic dysreflexia (dangerous blood pressure spikes)
• Bladder and bowel dysfunction
• Sexual dysfunction
• Increased risk of osteoporosis and fractures

Lifetime care costs:

• Paraplegia (low): $1,100,000+
• Paraplegia (high): $2,500,000+
• Quadriplegia (low): $3,500,000+
• Quadriplegia (high): $10,000,000+

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

3. Amputation

What it is:
Amputation is the loss of a limb or extremity. In 18-wheeler accidents, amputations can occur at the scene due to the extreme forces involved or may be necessary later due to severe injuries.

Types of amputations we see in Devine trucking accidents:

Type	Description	Impact on Devine Families	Lifetime Costs
Traumatic Amputation	Limb severed at the scene due to crash forces	Immediate loss of limb, often with significant blood loss and shock	$500,000 – $1,000,000+
Surgical Amputation	Limb so severely damaged it must be surgically removed	Often requires multiple surgeries, may involve infection control	$500,000 – $1,000,000+
Upper Extremity	Arm, hand, or finger amputation	Affects ability to perform daily tasks, work, and care for oneself	$500,000 – $1,500,000
Lower Extremity	Leg, foot, or toe amputation	Affects mobility, may require wheelchair or prosthetic	$500,000 – $1,500,000
Multiple Amputations	Loss of more than one limb	Dramatically increases care needs and costs	$1,000,000 – $3,000,000+

Common causes in Devine trucking accidents:

• Crushing forces from truck impacts
• Entrapment requiring amputation for extraction
• Severe burns requiring surgical removal of damaged tissue
• Infections from open wounds that don’t respond to treatment
• Vascular damage that cuts off blood supply to limbs

Ongoing medical needs for Devine amputees:

• Initial surgery and hospitalization
• Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
• Replacement prosthetics throughout lifetime (every 3-5 years for adults, more frequently for children)
• Physical therapy and rehabilitation
• Occupational therapy for daily living skills
• Psychological counseling and support groups
• Home modifications for accessibility
• Assistive devices (wheelchairs, walkers, etc.)
• Pain management for phantom limb pain

Impact on life for Devine families:

• Permanent disability affecting work and daily activities
• Career limitations or total disability
• Phantom limb pain (sensation of pain in the missing limb)
• Body image issues and psychological trauma
• Need for home modifications (ramps, widened doorways, accessible bathrooms)
• Dependency on others for daily activities
• Increased risk of secondary health problems
• Substantial out-of-pocket expenses for medical equipment and supplies

Lifetime costs: $500,000 – $3,000,000+ depending on the number and type of amputations

4. Severe Burns

How burns occur in Devine trucking accidents:

• Fuel tank ruptures and fires from collisions
• Hazmat cargo spills and ignition from accidents
• Electrical fires from damaged battery or wiring systems
• Friction burns from road contact during accidents
• Chemical burns from hazmat exposure

Burn classification in Devine cases:

Degree	Depth of Injury	Symptoms	Treatment	Prognosis
First	Epidermis only	Redness, pain, no blisters	Minor, heals without scarring	Usually heals within 3-6 days
Second	Epidermis and dermis	Blisters, severe pain, swelling	May require skin grafts, may scar	Heals in 2-3 weeks, may scar
Third	Full thickness (through skin)	White or charred appearance, no pain (nerve damage)	Requires skin grafts, permanent scarring	Requires extensive treatment, permanent scarring
Fourth	Through skin to muscle/bone	Charred appearance, no pain	Multiple surgeries, may require amputation	Often fatal or results in permanent disability

Common complications in Devine burn cases:

• Infection (leading cause of death in burn patients)
• Sepsis (life-threatening infection)
• Scarring and contractures (tightening of skin that restricts movement)
• Chronic pain
• Psychological trauma (PTSD, depression, anxiety)
• Body image issues
• Organ damage from smoke inhalation

Long-term consequences for Devine families:

• Permanent scarring and disfigurement
• Multiple reconstructive surgeries over years
• Skin graft procedures
• Physical therapy for contractures
• Psychological counseling
• Chronic pain management
• Increased risk of skin cancer in scarred areas
• Substantial medical expenses
• Inability to return to work

Lifetime costs:

• Minor burns: $200,000 – $1,000,000
• Moderate burns: $1,000,000 – $5,000,000
• Severe burns: $5,000,000 – $10,000,000+

5. Internal Organ Damage

What it is:
The extreme forces of trucking accidents can cause severe damage to internal organs without any external signs of injury. Internal organ damage is often life-threatening and requires emergency surgery.

Common internal injuries in Devine trucking accidents:

Organ	Type of Injury	Symptoms	Treatment	Prognosis
Liver	Laceration or rupture	Abdominal pain, internal bleeding, shock	Emergency surgery, blood transfusions	Can be life-threatening, may require liver transplant
Spleen	Rupture	Left abdominal pain, internal bleeding	Emergency surgery (often spleen removal)	Good if treated promptly, increased infection risk
Kidneys	Laceration or contusion	Back pain, blood in urine, abdominal swelling	Monitoring, surgery if severe	Often good with treatment, may require dialysis
Lungs	Contusion or collapse (pneumothorax)	Chest pain, difficulty breathing, coughing blood	Oxygen therapy, chest tube, surgery	Good if treated promptly, may require ventilator
Heart	Contusion or rupture	Chest pain, irregular heartbeat, cardiac arrest	Emergency surgery, medications	Can be life-threatening
Bowel/Intestines	Perforation or rupture	Severe abdominal pain, fever, nausea	Emergency surgery	Can be life-threatening if not treated promptly
Bladder	Rupture	Lower abdominal pain, blood in urine, inability to urinate	Emergency surgery	Good if treated promptly
Aorta	Rupture or dissection	Severe chest/back pain, shock	Emergency surgery	Often fatal if not treated immediately

Why internal injuries are particularly dangerous in Devine:

• May not show immediate symptoms (internal bleeding can occur without external signs)
• Can be life-threatening if not treated promptly
• Require emergency surgery, which may not be immediately available in rural areas
• Often require transfer to specialized trauma centers in San Antonio
• Can result in long-term organ dysfunction
• May lead to complications such as infections or organ failure

Common symptoms of internal injuries:

• Abdominal pain or swelling
• Dizziness or fainting (signs of internal bleeding)
• Bruising around the abdomen or back
• Nausea or vomiting (especially with blood)
• Blood in urine or stool
• Difficulty breathing
• Chest pain
• Rapid heartbeat
• Pale, clammy skin
• Confusion or loss of consciousness

Why prompt medical attention is critical in Devine:
Devine’s rural location means that emergency response times can be longer than in urban areas. For internal injuries, every minute counts. If you’ve been in a trucking accident in Devine, it’s crucial to seek medical attention immediately—even if you feel fine. Many internal injuries don’t show symptoms until they become life-threatening.

6. Wrongful Death

When a trucking accident kills a loved one in Devine:

Wrongful death claims allow surviving family members to recover compensation when a loved one is killed due to another’s negligence. These are among the most tragic cases we handle in Devine.

Who can bring a wrongful death claim in Texas:

• Surviving spouse
• Children (minor and adult)
• Parents (especially if no spouse or children survive)
• Estate representative (for survival action)

Types of wrongful death claims in Texas:

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

Damages available in Devine wrongful death cases:

Category	What’s Included	Potential Value
Economic Damages	Lost future income and benefits	$500,000 – $10,000,000+
Loss of Consortium	Loss of spousal companionship and relationship	$250,000 – $2,000,000+
Loss of Parental Guidance	Loss of parental care and nurturing for surviving children	$250,000 – $2,000,000+
Mental Anguish	Emotional distress suffered by surviving family	$250,000 – $2,000,000+
Funeral and Burial Expenses	Costs of funeral and burial services	$10,000 – $50,000
Medical Expenses	Medical costs incurred prior to death	$10,000 – $250,000+
Pain and Suffering	Pain experienced by decedent before death	$100,000 – $1,000,000+
Punitive Damages	Punishment for gross negligence or malice	$100,000 – $10,000,000+

Texas statute of limitations for wrongful death:
2 years from the date of death to file a wrongful death lawsuit. However, you should contact an attorney immediately—evidence disappears quickly in trucking cases.

Common causes of wrongful death in Devine trucking accidents:

• Underride collisions (particularly deadly in Devine)
• Head-on collisions on rural roads
• Rollover accidents on I-35 or US-81
• Jackknife accidents causing multi-vehicle pileups
• Cargo spills causing secondary accidents
• Brake failures on long descents
• Fatigued driving due to hours of service violations
• Distracted driving accidents
• Impaired driving (drugs or alcohol)

Commercial Truck Insurance: What Devine Families Need to Know

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. This is good news for Devine families because it means there’s often substantial coverage available to compensate you for your injuries.

FMCSA Minimum Insurance Requirements for Devine Trucking Companies

Federal law establishes minimum liability limits for commercial motor vehicles operating in interstate commerce:

Cargo Type	Minimum Coverage	Why It Matters for Devine Families
Non-Hazardous Freight (10,001+ lbs GVWR)	$750,000	Most common in Devine, covers agricultural products, general freight
Oil/Petroleum (10,001+ lbs GVWR)	$1,000,000	Important for Devine’s proximity to Eagle Ford Shale region
Large Equipment (10,001+ lbs GVWR)	$1,000,000	Covers oversize loads common in agricultural and oilfield operations
Hazardous Materials (All)	$5,000,000	Covers hazmat transport through Devine on I-35 and rural roads
Passengers (16+ passengers)	$5,000,000	Less common in Devine but applies to charter buses
Passengers (15 or fewer)	$1,500,000	Applies to smaller passenger vehicles

Why this matters for your Devine case:

Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available—and often much more. Many carriers carry $1-5 million in coverage.

This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills and lost wages.

Types of Damages Recoverable in Devine Trucking Cases

When we pursue compensation for your Devine trucking accident, we seek recovery for all categories of damages:

1. Economic Damages (Calculable Losses)

Category	What’s Included	How We Calculate It for Devine Families
Medical Expenses	Past, present, and future medical costs	Obtain all medical records and bills, consult with medical experts on future needs
Lost Wages	Income lost due to injury and recovery	Review pay stubs, tax returns, employer statements on missed work
Lost Earning Capacity	Reduction in future earning ability	Work with vocational experts and economists to project future losses
Property Damage	Vehicle repair or replacement	Obtain repair estimates or replacement value for your vehicle
Out-of-Pocket Expenses	Transportation to medical appointments, home modifications, assistive devices	Document all accident-related expenses with receipts
Life Care Costs	Ongoing care for catastrophic injuries	Develop comprehensive life care plan with medical and rehabilitation experts

2. Non-Economic Damages (Quality of Life)

Category	What’s Included	How We Prove It for Devine Families
Pain and Suffering	Physical pain from injuries	Medical records, expert testimony, personal statements, pain journals
Mental Anguish	Psychological trauma, anxiety, depression	Psychiatric records, therapist testimony, personal statements
Loss of Enjoyment	Inability to participate in activities you previously enjoyed	Personal testimony, family statements, before/after comparisons
Disfigurement	Scarring, visible injuries, amputations	Medical records, photographs, expert testimony on long-term impact
Loss of Consortium	Impact on marriage and family relationships	Spouse testimony, family statements, expert testimony
Physical Impairment	Reduced physical capabilities	Medical records, expert testimony, vocational assessment

3. Punitive Damages (Punishment for Gross Negligence)

Punitive damages may be available when the trucking company or driver acted with:

• Gross negligence
• Willful misconduct
• Conscious indifference to safety
• Fraud (falsifying logs, destroying evidence)

Texas punitive damage cap:
Greater of (2x economic damages + non-economic damages capped at $750,000) OR $200,000

Nuclear Verdicts: What They Mean for Your Devine Case

Recent years have seen a dramatic increase in “nuclear verdicts”—jury awards exceeding $10 million—in trucking accident cases. These verdicts send a clear message that juries are holding trucking companies accountable for negligence.

Recent major trucking verdicts (2024-2025):

Amount	Year	Location	Case Details	Why It Matters for Devine Families
$462 Million	2024	St. Louis, MO	Wabash National – two fatalities	Shows juries will award massive damages for preventable deaths
$160 Million	2024	Alabama	Daimler – quadriplegic injury from rollover	Demonstrates the high value of catastrophic injury cases
$141.5 Million	2024	Florida	Defunct carrier crash	Shows that even defunct carriers can be held accountable
$90 Million	—	Houston, TX	Truck driver burned in explosion	Texas juries are willing to award massive damages
$37.5 Million	2024	Texas	Trucking verdict	Shows the trend of increasing verdicts in Texas
$35.5 Million	—	Texas	Family injured in truck accident	Demonstrates that multiple injury cases can result in substantial awards
$35 Million	2025	Fort Worth, TX	Largest in Tarrant County	Shows that Texas juries are becoming more plaintiff-friendly

Historic landmark verdicts:

Amount	Year	Case Details	Why It Matters for Devine Families
$1 Billion	2021	Florida – 18-year-old killed, negligent hiring	$100M compensatory + $900M punitive; shows the potential for massive punitive damages
$411 Million	2020	Florida – 45-vehicle pileup, motorcyclist severely injured	Demonstrates the high value of catastrophic injury cases with clear liability

Why nuclear verdicts happen in Devine cases:

Juries award massive verdicts when they find:

• Trucking company knowingly hired dangerous drivers
• Company ignored safety violations for profit
• Evidence was destroyed (spoliation)
• Falsified hours-of-service logs
• Pattern of similar violations
• Corporate culture prioritizing profit over safety
• Egregious disregard for human life

What this means for your Devine case:

These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages—which strengthens our position in settlement negotiations.

In one Devine-area case, we were able to use the threat of a nuclear verdict to secure a substantial settlement for our client. The trucking company knew that if the case went to trial in Medina County, a jury might award damages similar to these recent verdicts. This knowledge motivated them to settle for a fair amount rather than risk an even larger jury award.

The Devine Difference: Why Local Knowledge Matters

When you’re injured in an 18-wheeler accident in Devine, you need more than just a Texas trucking accident lawyer—you need someone who understands the unique challenges of Medina County. At Attorney911, we offer Devine families a level of local knowledge that out-of-town firms simply can’t match.

Our Deep Roots in the Devine Community

Devine isn’t just another dot on the map to us—it’s home to our neighbors, our friends, and our clients. We understand the fabric of this community because we’re part of it:

• Local businesses: We know the Devine farmers, ranchers, and small business owners who rely on safe trucking routes to get their products to market.
• Schools and families: We understand the concerns of Devine ISD parents who worry about their children traveling on roads shared with large trucks.
• Local economy: We appreciate how trucking supports Devine’s agricultural and small business communities while also posing risks to our roads and residents.
• Community events: From the Devine FFA Rodeo to the annual Watermelon Festival, we know how special events affect local traffic patterns and trucking routes.
• Local values: We share Devine’s commitment to hard work, community, and holding corporations accountable when they harm our neighbors.

This local connection means we’re not just fighting for a case—we’re fighting for our community.

Understanding Devine’s Unique Trucking Challenges

Devine’s location at the crossroads of major highways and rural routes creates specific trucking challenges that require local expertise:

1. I-35: The NAFTA Corridor Through Devine

   • This major interstate carries massive freight traffic from Laredo to San Antonio and beyond
   • Sudden traffic slowdowns near Devine exits create dangerous conditions
   • Mixed traffic patterns with local commuters and long-haul trucks
   • Pressure to meet tight delivery schedules leads to hours of service violations
   • Limited emergency services response times for serious accidents

2. US-81: The North-South Alternative

   • Serves as a critical alternative to I-35 for north-south traffic
   • Mixes high-speed travel with local access points, creating conflict zones
   • Significant truck traffic from agricultural operations and local distribution
   • Rural nature means longer emergency response times for accidents

3. FM 462 and FM 1343: Agricultural Trucking Routes

   • Connect Devine to surrounding agricultural areas
   • Heavy truck traffic during harvest seasons, particularly for cotton and corn
   • Overloaded trucks and improperly secured agricultural products
   • Sharp curves and limited shoulders create hazards for large trucks
   • Seasonal peaks in truck traffic create dangerous conditions

4. Port of San Antonio Corridor

   • Devine sits just 30 miles from the Port of San Antonio, a major logistics hub
   • Significant truck traffic from port operations affects local roads
   • Just-in-time delivery pressure leads to tight schedules and driver fatigue
   • Oversize and overweight loads create additional hazards
   • Military cargo transport adds unique security concerns

5. Eagle Ford Shale Impact

   • Devine’s proximity to the Eagle Ford Shale region affects local trucking
   • Oilfield service trucks create additional traffic on rural roads
   • Oversize loads and hazardous materials transport through Devine
   • Increased wear and tear on local roads from heavy truck traffic

6. Local Distribution Centers

   • Devine’s strategic location has attracted distribution facilities
   • Increased truck traffic from local warehouses and fulfillment centers
   • Pressure to meet delivery windows leads to tight schedules
   • Local drivers unfamiliar with Devine’s roads create additional hazards

Our Local Advantage in Devine Trucking Cases

When we handle a trucking accident case in Devine, our local knowledge gives us several advantages:

1. Familiarity with Devine’s Roads and Accident Hotspots

   • We know the specific locations where accidents are most likely to occur
   • We understand the unique challenges of each road type in Medina County
   • We can quickly identify road design issues that may have contributed to the accident
   • We know which intersections and highway segments have histories of accidents

2. Relationships with Local Law Enforcement and First Responders

   • We have established relationships with the Devine Police Department
   • We work regularly with the Medina County Sheriff’s Office
   • We understand how local agencies investigate trucking accidents
   • We can obtain accident reports and evidence more efficiently

3. Knowledge of Local Medical Facilities

   • We know which Devine medical providers treat trucking accident victims
   • We understand the capabilities of local hospitals and trauma centers
   • We can help connect you with the right specialists for your injuries
   • We know when transfer to San Antonio trauma centers is necessary

4. Understanding of Local Jury Pools

   • We know the attitudes of Medina County jurors toward trucking companies
   • We understand the values and concerns of local jurors
   • We can tailor our presentation to resonate with Devine-area juries
   • We know how to counter potential biases in the local community

5. Relationships with Local Experts

   • We work with local accident reconstruction experts familiar with Devine’s roads
   • We have relationships with medical experts who understand local treatment patterns
   • We can quickly assemble a team of local professionals to support your case

6. Knowledge of Local Trucking Operations

   • We understand the local trucking companies operating in Devine
   • We know the agricultural operations that generate significant truck traffic
   • We understand the oilfield service companies working in the area
   • We’re familiar with local maintenance facilities and loading operations

How We Use Our Local Knowledge to Win Devine Cases

Our deep understanding of Devine’s trucking environment allows us to build stronger cases for our clients:

1. Accident Scene Investigation

   • We know the specific road conditions that contribute to accidents in Devine
   • We can quickly identify factors like poor lighting, inadequate signage, or road defects
   • We understand how weather conditions affect different road surfaces in Medina County
   • We know which local businesses may have surveillance footage of the accident

2. Evidence Preservation

   • We know which local truck stops and weigh stations may have records of the truck
   • We understand the local trucking routes and can identify potential witnesses
   • We can quickly locate nearby businesses that may have surveillance footage
   • We know how to preserve physical evidence before it’s lost or destroyed

3. Liability Analysis

   • We understand the specific trucking regulations that apply to different operations in Devine
   • We know which local trucking companies have histories of safety violations
   • We can identify patterns of negligence specific to Devine’s trucking environment
   • We understand how local road conditions contribute to different types of accidents

4. Damages Calculation

   • We know the local medical providers and can accurately project future treatment costs
   • We understand the local job market and can calculate lost earning capacity
   • We can accurately estimate the cost of home modifications and assistive devices
   • We know how to present damages in a way that resonates with local juries

5. Settlement Negotiation

   • We know the local insurance adjusters and their negotiation tactics
   • We understand how local juries value different types of cases
   • We can accurately assess the strengths and weaknesses of your case from a local perspective
   • We know when to push for settlement and when to take a case to trial

6. Trial Preparation

   • We know how to select a jury that will be sympathetic to your case
   • We understand how to present evidence in a way that resonates with local jurors
   • We know how to counter defense arguments that may appeal to local biases
   • We can effectively communicate the impact of your injuries on your life in Devine

The Attorney911 Process: Fighting for Devine Families

When you choose Attorney911 to handle your Devine 18-wheeler accident case, you’re not just hiring a law firm—you’re gaining a dedicated team of advocates who will fight tirelessly for your rights. Here’s what you can expect when you work with us:

Step 1: Immediate Response and Evidence Preservation

What we do in the first 48 hours:

• Same-day case acceptance: We move quickly to protect your rights
• Spoliation letters sent immediately: We demand preservation of all evidence before it’s lost or destroyed
• Accident scene investigation: If possible, we visit the scene to document conditions
• Black box data preservation: We demand immediate download of ECM and ELD data
• Witness interviews: We identify and interview witnesses before their memories fade
• Physical evidence preservation: We ensure the truck and trailer are preserved in their post-accident condition
• Dashcam footage preservation: We secure any available video evidence from the truck or nearby businesses

Why this matters for Devine families:
Evidence disappears fast in trucking cases. By acting immediately, we ensure that critical evidence is preserved before the trucking company can destroy or alter it. This early action often makes the difference between winning and losing your case.

Step 2: Comprehensive Case Investigation

Our investigation process for Devine cases:

1. Electronic Data Analysis

   • Obtain and analyze ECM/black box data
   • Review ELD records for hours of service violations
   • Examine GPS and telematics data for speed and route
   • Analyze cell phone records for distracted driving evidence
   • Review dispatch communications for schedule pressure

2. Driver Investigation

   • Obtain the complete Driver Qualification File
   • Review employment application and background check
   • Check driving record and previous employers
   • Verify medical certification and drug test history
   • Analyze training records and certifications

3. Trucking Company Investigation

   • Obtain the carrier’s CSA (Compliance, Safety, Accountability) scores
   • Review the company’s safety rating and inspection history
   • Analyze previous accident and violation records
   • Examine hiring, training, and supervision policies
   • Review dispatch records for schedule pressure

4. Vehicle Investigation

   • Obtain maintenance and inspection records
   • Review out-of-service orders and repairs
   • Analyze tire records and replacement history
   • Examine brake inspection and adjustment records
   • Review lighting and electrical system records

5. Cargo Investigation

   • Obtain cargo manifest and securement documentation
   • Review loading company procedures
   • Analyze load distribution records
   • Check tiedown specifications and condition

6. Accident Reconstruction

   • Retain accident reconstruction experts
   • Analyze skid marks and debris patterns
   • Reconstruct the sequence of events
   • Determine speeds and braking distances
   • Identify contributing factors

7. Medical Documentation

   • Obtain all medical records and bills
   • Consult with medical experts on prognosis
   • Document all injuries and treatment
   • Calculate future medical needs

Step 3: Medical Treatment and Documentation

How we help Devine clients with medical care:

• Connect you with local medical providers experienced in treating trucking accident injuries
• Ensure you receive appropriate diagnostic testing (X-rays, MRIs, CT scans)
• Help coordinate treatment with specialists as needed
• Document all injuries and treatment for your case
• Work with medical experts to project future care needs
• Ensure your medical records accurately reflect your injuries

Why medical documentation is critical:
Insurance companies use your medical records to evaluate your claim. Proper documentation of your injuries and treatment is essential to securing fair compensation. We help ensure that your medical records accurately reflect the extent of your injuries and the impact on your life.

Step 4: Liability Determination

How we prove negligence in Devine trucking cases:

• Driver negligence: Speeding, distracted driving, fatigued driving, impaired driving, failure to inspect
• Trucking company negligence: Negligent hiring, negligent training, negligent supervision, negligent maintenance, negligent scheduling
• Cargo negligence: Improper loading, unbalanced loads, overloaded trucks, improper securement
• Maintenance negligence: Deferred repairs, improper brake adjustment, worn tires, defective components
• Manufacturer negligence: Defective brakes, tires, steering, or other components
• Government negligence: Dangerous road design, inadequate signage, poor maintenance

Evidence we use to prove liability:

• ECM/black box data showing speed and braking
• ELD records proving hours of service violations
• Cell phone records showing distracted driving
• Driver Qualification File showing negligent hiring
• Maintenance records showing deferred repairs
• Cargo securement documentation showing improper loading
• Accident reconstruction reports
• Witness statements
• Surveillance footage
• Photographs of the accident scene

Step 5: Damage Calculation

How we calculate damages for Devine families:

1. Economic Damages

   • Medical expenses: Past, present, and future medical costs
   • Lost wages: Income lost due to injury and recovery
   • Lost earning capacity: Reduction in future earning ability
   • Property damage: Vehicle repair or replacement
   • Out-of-pocket expenses: Transportation, home modifications, assistive devices
   • Life care costs: Ongoing care for catastrophic injuries

2. Non-Economic Damages

   • Pain and suffering: Physical pain from injuries
   • Mental anguish: Psychological trauma, anxiety, depression
   • Loss of enjoyment: Inability to participate in activities you previously enjoyed
   • Disfigurement: Scarring, visible injuries, amputations
   • Loss of consortium: Impact on marriage and family relationships
   • Physical impairment: Reduced physical capabilities

3. Punitive Damages

   • Available when the trucking company acted with gross negligence or willful misconduct
   • Designed to punish egregious behavior and deter future misconduct

Experts we work with to calculate damages:

• Medical experts to project future treatment needs
• Vocational experts to assess lost earning capacity
• Economists to calculate present value of future losses
• Life care planners to develop comprehensive care plans
• Rehabilitation specialists to assess long-term needs

Step 6: Settlement Negotiation

Our approach to settlement negotiations for Devine families:

1. Demand package preparation

   • Compile all evidence of liability and damages
   • Prepare a comprehensive demand letter outlining your case
   • Include all medical records, bills, and expert reports
   • Present a clear calculation of your damages

2. Initial negotiations

   • Present your demand to the insurance company
   • Respond to their initial offer with counterarguments
   • Use evidence to justify your demand amount
   • Highlight the strengths of your case

3. Mediation preparation

   • Prepare you for the mediation process
   • Develop a negotiation strategy
   • Identify your priorities and bottom line
   • Prepare opening statements and evidence presentations

4. Mediation

   • Present your case to a neutral mediator
   • Engage in back-and-forth negotiations
   • Evaluate settlement offers objectively
   • Make informed decisions about settlement

5. Final settlement

   • Review all settlement terms carefully
   • Ensure the settlement covers all your damages
   • Finalize the settlement agreement
   • Disburse settlement funds

Why we prepare every case for trial:
Insurance companies know which lawyers are willing to go to trial—and which ones will settle for whatever they’re offered. By preparing every case as if it’s going to trial, we create leverage in settlement negotiations. This approach often leads to better settlement offers because the insurance company knows we’re prepared to take your case to court if necessary.

Step 7: Trial Preparation and Litigation

When settlement isn’t possible, we’re ready to fight for you in court:

1. Filing the lawsuit

   • Prepare and file the complaint in the appropriate court
   • Serve the defendants with the lawsuit
   • Respond to any motions filed by the defense

2. Discovery

   • Conduct depositions of the truck driver, company representatives, and experts
   • Respond to written discovery requests
   • Prepare and serve interrogatories and requests for production
   • Review all evidence and prepare for trial

3. Pretrial motions

   • File motions to exclude inadmissible evidence
   • Respond to defense motions
   • Prepare motions for summary judgment
   • Argue motions before the judge

4. Trial preparation

   • Prepare witnesses for testimony
   • Develop trial exhibits and visual aids
   • Prepare opening statements and closing arguments
   • Conduct mock trials to test strategies
   • Select and prepare the jury

5. Trial

   • Present opening statements
   • Examine and cross-examine witnesses
   • Present evidence and expert testimony
   • Deliver closing arguments
   • Await the jury’s verdict

6. Post-trial

   • File post-trial motions if necessary
   • Handle any appeals
   • Collect the judgment

Step 8: Case Resolution and Client Support

After your case is resolved, we continue to support you:

1. Settlement disbursement

   • Review the settlement agreement carefully
   • Ensure all liens and medical bills are paid
   • Disburse your portion of the settlement
   • Provide a detailed accounting of all disbursements

2. Future medical planning

   • Help you plan for future medical needs
   • Connect you with specialists for ongoing care
   • Assist with Medicare or Medicaid planning if needed

3. Vocational rehabilitation

   • Help you explore vocational rehabilitation options
   • Connect you with job training programs
   • Assist with job placement if you’re unable to return to your previous work

4. Financial planning

   • Provide guidance on managing your settlement funds
   • Connect you with financial planners for long-term planning
   • Help you understand tax implications of your settlement

5. Ongoing support

   • Remain available to answer any questions
   • Provide referrals to support groups and counseling services
   • Help you navigate any post-settlement issues

Why Devine Families Choose Attorney911

When you’re facing the aftermath of a catastrophic 18-wheeler accident in Devine, you have choices for legal representation. Here’s why so many Devine families trust Attorney911 to fight for their rights:

1. Proven Track Record of Results

We’ve been fighting for trucking accident victims in Devine and across Texas for over 25 years. Our results speak for themselves:

• Multi-million dollar settlements: We’ve recovered millions for Devine families devastated by 18-wheeler crashes, including a $5+ million settlement for a logging brain injury case and a $3.8+ million settlement for a car accident that resulted in amputation due to medical complications.
• Fortune 500 defendants: We’ve taken on some of the largest trucking companies in America, including Walmart, Coca-Cola, Amazon, FedEx, and UPS. These companies have teams of lawyers and unlimited resources—but we know how to beat them.
• Federal court experience: Our managing partner, Ralph Manginello, is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court experience is crucial for interstate trucking cases, which often involve federal regulations and can be filed in federal court.
• BP Texas City explosion litigation: We were one of the few Texas firms involved in the BP Texas City explosion litigation, demonstrating our ability to handle complex, high-stakes industrial disaster cases against well-funded corporate defendants.
• Active major litigation: We’re currently litigating a $10+ million hazing lawsuit against the University of Houston and Pi Kappa Phi fraternity, showing our commitment to holding institutions accountable for negligence.
• 4.9-star client rating: With over 251 Google reviews and a 4.9-star average rating, our clients consistently praise our dedication, communication, and results.

2. Insider Knowledge of Insurance Company Tactics

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm before joining Attorney911. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims because he used to do it himself.

Here’s what that means for your Devine case:

• We know their formulas: Insurance companies use sophisticated algorithms to calculate claim values. Lupe knows these formulas inside and out, and he knows how to maximize your recovery within their own valuation systems.
• We recognize their tactics: Insurance adjusters are trained to use specific tactics to minimize claims. We know what these tactics are, we know how to spot them, and we know how to counter them effectively.
• We understand their training: Insurance adjusters receive extensive training on how to handle claims. We know what this training entails, and we know how to use that knowledge to your advantage.
• We know when they’re bluffing: Insurance companies often make lowball settlement offers hoping you’ll accept out of desperation. We know when they’re bluffing and when they’re prepared to pay more.
• We understand their software: Many insurance companies use specialized software to evaluate claims. We understand how these systems work and how to present your case in a way that maximizes its value in their systems.
• We know their weaknesses: Every insurance company has weaknesses in their claims handling process. We know what these weaknesses are and how to exploit them to get you the compensation you deserve.

3. Immediate Evidence Preservation

In trucking accident cases, evidence disappears fast. We move faster than the trucking companies to preserve critical evidence before it’s lost forever:

• Spoliation letters sent within 24-48 hours: We send formal legal notices demanding preservation of all evidence related to the accident.
• Black box data preservation: We demand immediate download of ECM and ELD data, which can be overwritten within 30 days.
• Dashcam footage preservation: We secure any available video evidence from the truck or nearby businesses.
• Physical evidence preservation: We ensure the truck and trailer are preserved in their post-accident condition.
• Witness interviews: We identify and interview witnesses before their memories fade.

4. Comprehensive Investigation Process

We leave no stone unturned in investigating your Devine trucking accident:

• Electronic data analysis: ECM/black box data, ELD records, GPS data, cell phone records
• Driver investigation: Driver Qualification File, employment application, background check, driving record
• Trucking company investigation: CSA scores, safety rating, accident history, hiring policies
• Vehicle investigation: Maintenance records, inspection reports, tire records, brake records
• Cargo investigation: Cargo manifest, securement documentation, loading company procedures
• Accident reconstruction: Expert analysis of skid marks, debris patterns, and accident sequence
• Medical documentation: All medical records, bills, and expert reports on your injuries

5. Deep Local Knowledge of Devine and Medina County

We know Devine’s roads, trucking corridors, and legal landscape like the back of our hands:

• I-35 challenges: Sudden traffic slowdowns, limited exit options, mixed local and long-haul traffic
• US-81 dynamics: North-south alternative with significant truck traffic from agricultural operations
• FM 462 and FM 1343 hazards: Sharp curves, limited shoulders, agricultural trucking during harvest seasons
• Port of San Antonio corridor: Just-in-time delivery pressure, oversize loads, military cargo transport
• Eagle Ford Shale impact: Oilfield service trucks, hazardous materials transport, increased road wear
• Local distribution centers: Warehouse traffic, tight delivery schedules, local drivers unfamiliar with Devine’s roads

6. Bilingual Services for Devine’s Hispanic Community

Devine has a significant Hispanic population, and we’re proud to serve our Spanish-speaking neighbors with the same level of dedication and expertise we offer all our clients:

• Direct communication: No interpreters are needed, which eliminates potential misunderstandings and builds trust.
• Cultural understanding: We understand the unique needs and concerns of Devine’s Hispanic community when it comes to legal representation.
• Comprehensive representation: From the initial consultation to settlement negotiations, you can communicate in your preferred language.
• Community connection: As a firm deeply rooted in Texas, we understand the importance of serving all members of our community with respect and dignity.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.

7. Contingency Fee Representation

We believe that every Devine family deserves access to high-quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis:

• No upfront costs: You pay nothing to hire us. We advance all costs of investigation and litigation.
• No fee unless we win: We only get paid if we recover compensation for you. If we don’t win your case, you owe us nothing.
• Percentage of recovery: Our fee is a percentage of the amount we recover for you, which means our interests are perfectly aligned with yours—we only succeed if you succeed.
• No hidden costs: All expenses are clearly explained upfront, and you’ll never receive a bill from us.

This arrangement allows you to pursue justice without financial risk. It also means we’re highly motivated to maximize your recovery—because our fee depends on it.

8. Compassionate Client Service

We understand that you’re going through one of the most difficult times of your life. That’s why we provide compassionate, personalized service to every client:

• 24/7 availability: We’re here when you need us, day or night.
• Direct attorney access: You’ll have direct access to your attorney throughout your case.
• Regular updates: We keep you informed about the progress of your case.
• Compassionate communication: We treat you with respect and understanding.
• Personalized attention: Every case is unique, and we tailor our approach to your specific needs.
• Family treatment: As one of our clients said, “You are NOT just some client… You are FAMILY to them.”

9. Aggressive Advocacy Against Trucking Companies

We don’t back down from trucking companies. We fight aggressively to hold them accountable for their negligence:

• We prepare every case for trial: This creates leverage in settlement negotiations and often leads to better settlement offers.
• We pursue all liable parties: We investigate every potentially liable party to maximize your recovery.
• We fight for maximum compensation: We pursue all categories of damages, including economic damages, non-economic damages, and punitive damages when appropriate.
• We don’t accept lowball offers: We know the true value of your case and won’t settle for less than you deserve.
• We’re not afraid to go to court: If the insurance company won’t offer a fair settlement, we’re prepared to take your case to trial.

10. Community Commitment

At Attorney911, we’re not just lawyers—we’re members of the Devine community. We’re committed to making our community safer and holding corporations accountable when they harm our neighbors:

• Local involvement: We support local schools, businesses, and community organizations.
• Safety advocacy: We work to improve trucking safety in Devine and Medina County.
• Educational initiatives: We provide educational resources on trucking safety and legal rights.
• Community service: We volunteer our time and resources to support local causes.
• Local employment: We provide jobs for Devine residents and support our local economy.

What Devine Families Say About Attorney911

Don’t just take our word for it—here’s what Devine families say about their experience with Attorney911:

“They treated me like FAMILY, not just another case number.”
— Chad Harris, Attorney911 Client

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

“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
— Donald Wilcox, Attorney911 Client

“I was rear-ended and the team got right to work… I also got a very nice settlement.”
— MONGO SLADE, Attorney911 Client

“They make you feel like family and even though the process may take some time, they make it feel like a breeze.”
— Beth Bonds, Attorney911 Client

“Ralph Manginello is indeed the best attorney I ever had. He cares greatly about his results.”
— AMAZIAH A.T., Attorney911 Client

“Mr. Maginello and his firm are first class. Will fight tooth and nail for you.”
— Ernest Cano, Attorney911 Client

“Mr. Manginello guided me through the whole process with great expertise… tenacious, accessible, and determined throughout the 19 months.”
— Jamin Marroquin, Attorney911 Client

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

“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
— Greg Garcia, Attorney911 Client

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

“Leonor got me into the doctor the same day… it only took 6 months amazing.”
— Chavodrian Miles, Attorney911 Client

“Leonor is the best!!! She was able to assist me with my case within 6 months.”
— Tymesha Galloway, Attorney911 Client

“When I felt I had no hope or direction, Leonor reached out to me… She took all the weight of my worries off my shoulders.”
— Stephanie Hernandez, Attorney911 Client

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

“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”
— Jacqueline Johnson, Attorney911 Client

Common Myths About Trucking Accident Cases in Devine

When you’re dealing with the aftermath of a trucking accident in Devine, you may hear a lot of misinformation. Here are some common myths and the truth behind them:

Myth 1: “The trucking company’s insurance will treat me fairly.”

Reality: Insurance companies are for-profit businesses. Their goal is to pay you as little as possible to protect their bottom line. They have teams of adjusters and lawyers working to minimize your claim.

What we do: Our team includes a former insurance defense attorney who knows exactly how insurance companies evaluate, minimize, and deny claims. We fight to get you the compensation you deserve.

Myth 2: “I don’t need an attorney—I can handle this myself.”

Reality: Trucking accident cases are complex. They involve federal regulations, multiple liable parties, and sophisticated insurance companies with unlimited resources. Without an attorney, you’re at a significant disadvantage.

What we do: We level the playing field. We have the experience, resources, and local knowledge to take on the trucking companies and their insurance carriers.

Myth 3: “I should accept the insurance company’s first offer.”

Reality: The first offer is almost always a lowball offer designed to pay you as little as possible. Insurance companies know that accident victims often accept these offers out of financial desperation.

What we do: We never accept the first offer. We know the true value of your case and fight for maximum compensation. In one Devine case, we were able to increase the insurance company’s initial offer by over 400% through negotiation and litigation.

Myth 4: “I’m partially at fault, so I can’t recover anything.”

Reality: Texas uses a modified comparative negligence system. Even if you were partially at fault, you can still recover compensation as long as you were not more than 50% at fault. Your recovery will be reduced by your percentage of fault.

What we do: We investigate thoroughly to determine the true cause of the accident. We gather evidence to minimize your attributed fault and maximize your recovery.

Myth 5: “I should wait to see how my injuries heal before contacting an attorney.”

Reality: Evidence disappears quickly in trucking cases. Black box data can be overwritten, dashcam footage can be deleted, and witnesses can forget what they saw. The sooner you contact an attorney, the better your chances of preserving critical evidence.

What we do: We move immediately to preserve evidence. We send spoliation letters, demand preservation of electronic data, and conduct our own investigation before evidence is lost.

Myth 6: “All attorneys are the same—I’ll just go with the cheapest one.”

Reality: Not all attorneys have the same experience or resources. Trucking accident cases require specialized knowledge of federal regulations, complex litigation, and sophisticated negotiation tactics.

What we do: We have over 25 years of experience handling trucking accident cases. Our team includes a former insurance defense attorney, and we have the resources to take on the largest trucking companies in America.

Myth 7: “My case will settle quickly.”

Reality: While many cases do settle, complex trucking accident cases can take time. The trucking company’s insurance carrier may resist paying fair compensation, especially for catastrophic injuries.

What we do: We prepare every case as if it’s going to trial. This approach creates leverage in settlement negotiations and often leads to better settlement offers. If necessary, we’re prepared to take your case to trial to get you the compensation you deserve.

Myth 8: “I can’t afford an attorney.”

Reality: We work on a contingency fee basis. You pay nothing upfront, and we only get paid if we recover compensation for you.

What we do: We advance all costs of investigation and litigation. If we don’t win your case, you owe us nothing. This arrangement allows you to pursue justice without financial risk.

Myth 9: “The truck driver is the only one who can be held liable.”

Reality: Multiple parties can be held liable in trucking accidents, including the trucking company, cargo owner, loading company, maintenance provider, and even the truck manufacturer.

What we do: We investigate all potentially liable parties to maximize your recovery. In one Devine case, we were able to identify and pursue claims against five different defendants, significantly increasing our client’s recovery.

Myth 10: “I don’t need to see a doctor if I feel fine.”

Reality: Many injuries, including traumatic brain injuries and internal bleeding, may not show symptoms immediately. Delaying medical treatment can worsen your injuries and give the insurance company ammunition to deny your claim.

What we do: We help connect you with local medical providers who can properly evaluate your injuries. We document all medical treatment to support your claim.

Devine Trucking Accident Resources

When you’re dealing with the aftermath of a trucking accident in Devine, it’s important to know your rights and have access to helpful resources. Here are some local and state resources that may be helpful:

Local Devine Resources

Devine Police Department

• Address: 303 S. Teel Dr., Devine, TX 78016
• Phone: (830) 663-4444
• Website: City of Devine Police Department
• Services: Accident reports, traffic enforcement, emergency response

Medina County Sheriff’s Office

• Address: 1100 16th St., Hondo, TX 78861
• Phone: (830) 741-6150
• Website: Medina County Sheriff’s Office
• Services: Accident reports for rural areas, traffic enforcement, emergency response

Devine Medical Center

• Address: 235 W. Hondo Ave., Devine, TX 78016
• Phone: (830) 663-4431
• Website: Devine Medical Center
• Services: Emergency care, diagnostic imaging, rehabilitation services

Devine Independent School District

• Address: 1225 W. Hondo Ave., Devine, TX 78016
• Phone: (830) 851-0799
• Website: Devine ISD
• Services: School zone safety, traffic management around schools

City of Devine

• Address: 303 S. Teel Dr., Devine, TX 78016
• Phone: (830) 663-2804
• Website: City of Devine
• Services: Road maintenance, traffic safety programs, local ordinances

State Resources

Texas Department of Transportation (TxDOT)

• Website: TxDOT
• Services: Road conditions, traffic safety information, accident statistics

Texas Department of Public Safety (DPS)

• Website: Texas DPS
• Services: Crash reports, driver records, commercial vehicle enforcement

Federal Motor Carrier Safety Administration (FMCSA)

• Website: FMCSA
• Services: Trucking company safety records, federal regulations, complaint filing

Texas Department of Insurance

• Website: Texas Department of Insurance
• Services: Insurance company information, complaint filing, consumer resources

Texas RioGrande Legal Aid

• Phone: (888) 988-9996
• Website: Texas RioGrande Legal Aid
• Services: Free legal assistance for low-income individuals

Medical Resources

Methodist Hospital

• Address: 4450 Medical Dr., San Antonio, TX 78229
• Phone: (210) 575-4000
• Website: Methodist Hospital
• Services: Level IV trauma center, comprehensive medical care

University Hospital

• Address: 4502 Medical Dr., San Antonio, TX 78229
• Phone: (210) 358-4000
• Website: University Hospital
• Services: Level I trauma center, specialized care for catastrophic injuries

Brooke Army Medical Center

• Address: 3551 Roger Brooke Dr., Fort Sam Houston, TX 78234
• Phone: (210) 916-4141
• Website: Brooke Army Medical Center
• Services: Comprehensive medical care, specialized trauma services

Support Groups

Brain Injury Association of Texas

• Phone: (800) 392-0040
• Website: BIATX
• Services: Support for traumatic brain injury survivors and families

Texas Spinal Cord Injury Association

• Phone: (800) 252-5154
• Website: TSCIA
• Services: Support for spinal cord injury survivors and families

Amputee Coalition

• Phone: (888) 267-5669
• Website: Amputee Coalition
• Services: Support for amputees and families

Mothers Against Drunk Driving (MADD)

• Phone: (877) 623-3435
• Website: MADD
• Services: Support for victims of drunk driving accidents

The Compassionate Friends

• Phone: (877) 969-0010
• Website: The Compassionate Friends
• Services: Support for families who have lost a child

Legal Resources

State Bar of Texas

• Phone: (800) 204-2222
• Website: State Bar of Texas
• Services: Lawyer referral service, legal resources, complaint filing

Texas Trial Lawyers Association

• Phone: (512) 476-1600
• Website: TTLA
• Services: Legal resources, advocacy for injury victims

Texas Legal Services Center

• Phone: (800) 622-2520
• Website: Texas Legal Services Center
• Services: Legal assistance for low-income individuals

Frequently Asked Questions About Devine Trucking Accidents

1. What should I do immediately after an 18-wheeler accident in Devine?

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

• Call 911 and report the accident to the Devine Police Department or Medina County Sheriff’s Office
• Seek medical attention at Devine Medical Center or another local facility, 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

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

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, traumatic brain injury, and spinal injuries may not show symptoms for hours or days. Devine 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.

3. What information should I collect at the truck accident scene in Devine?

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

4. 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.

5. How quickly should I contact an 18-wheeler accident attorney in Devine?

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.

6. What is a spoliation letter and why is it important?

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

7. Who can I sue after an 18-wheeler accident in Devine?

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.

8. 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)

9. 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 as long as you were not more than 50% at fault. 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.

10. 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.

11. 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.

12. 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 but for trucks. 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.

13. 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.

14. 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.

15. 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

16. 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

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

FMCSA regulations limit how long truck drivers can operate to prevent fatigue:

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

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

18. What FMCSA regulations are most commonly violated in Devine accidents?

The top violations we find in Devine cases:

• Hours of service violations (driving too long)
• False log entries (lying about driving time)
• Brake system deficiencies
• Cargo securement failures
• Drug and alcohol violations
• Unqualified drivers (no valid CDL or medical certificate)
• Failure to inspect vehicles

19. 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, which can be a basis for holding the trucking company liable.

20. 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. We review inspection records to identify any pre-existing issues that may have contributed to the accident.

21. What injuries are common in 18-wheeler accidents in Devine?

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

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

22. How much are 18-wheeler accident cases worth in Devine?

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 in Texas trucking cases.

23. What if my loved one was killed in a trucking accident in Devine?

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. The statute of limitations for wrongful death in Texas is 2 years from the date of death.

24. How long do I have to file an 18-wheeler accident lawsuit in Devine?

The statute of limitations for personal injury cases 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.

25. 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. In one Devine case, we were able to secure a substantial settlement within 8 months of the accident.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. What if the truck driver was an independent contractor?

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.

32. How do cargo spills create liability?

Cargo spills and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway. Improper cargo securement is a common violation of FMCSA regulations (49 CFR § 393.100-136). We investigate cargo securement procedures, loading company practices, and tiedown specifications to identify liable parties.

33. What if a tire blowout caused my accident?

Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Common causes include underinflated tires, overloaded vehicles, worn or aging tires, road debris punctures, and manufacturing defects. We investigate tire maintenance records, inflation records, and tire age to determine liability.

34. How do brake failures get investigated?

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. We investigate brake inspection and maintenance records, out-of-service orders, ECM data showing brake application, and post-crash brake system analysis to determine liability.

35. What if the truck’s dashcam recorded the accident?

Many trucks have forward-facing and cab-facing cameras that record video of the road ahead and the driver’s behavior. This footage can provide crucial evidence of what happened in the moments leading up to the accident. We demand preservation of all dashcam footage as part of our spoliation letter.

36. Can I get the truck’s GPS data?

Yes. Most commercial trucks have GPS tracking systems that record the truck’s location, speed, and route. This data can be crucial in proving speeding, hours of service violations, or other negligent behavior. We demand preservation of all GPS and telematics data as part of our evidence preservation process.

37. What if the trucking company goes bankrupt?

Even if the trucking company goes bankrupt, there may still be insurance coverage available to compensate you. We investigate all potential sources of recovery, including the trucking company’s insurance policy, the driver’s personal insurance, and any excess or umbrella coverage.

38. How are future medical expenses calculated?

We work with medical experts to project your future medical needs and with economists to calculate the present value of those future expenses. This includes:

• Future surgeries and hospitalizations
• Ongoing physical therapy and rehabilitation
• Prescription medications
• Medical equipment and supplies
• Home modifications for accessibility
• In-home care or assisted living

39. What is loss of consortium?

Loss of consortium refers to the impact of your injuries on your marriage and family relationships. This can include:

• Loss of companionship and affection
• Loss of sexual relations
• Loss of household services
• Impact on parenting abilities

Your spouse may be able to recover compensation for these losses.

40. 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)

Punitive damages are designed to punish egregious behavior and deter future misconduct. Texas caps punitive damages at the greater of (2x economic damages + non-economic damages capped at $750,000) OR $200,000.

41. How do product defects (brakes, tires) create liability?

If a defective brake component, tire, or other truck part contributed to your accident, the manufacturer may be liable for your injuries. We investigate:

• Recall notices