18-Wheeler Accidents in Westbrook, Texas: Your Complete Legal Guide
Every year, thousands of families across Texas are devastated by catastrophic 18-wheeler accidents. If you or a loved one has been seriously injured in a trucking accident in Westbrook, you need an attorney who understands the unique challenges of West Texas trucking corridors, federal regulations, and how to hold negligent trucking companies accountable.
At Attorney911, we’ve been fighting for truck accident victims across West Texas for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes. When you call us at 1-888-ATTY-911, you’re not just getting a Westbrook trucking accident lawyer – you’re getting a team that includes a former insurance defense attorney who knows exactly how trucking companies try to minimize your claim.
Why Westbrook Trucking Accidents Are Different
Westbrook sits at the crossroads of some of Texas’s most dangerous trucking corridors. The I-20 corridor that runs through Mitchell County sees heavy commercial traffic moving between Dallas, Fort Worth, and points west. Local highways like US-87 and FM-1221 also carry significant truck traffic serving Westbrook’s agricultural and oilfield industries.
What makes Westbrook trucking accidents unique:
- Long-haul fatigue: Many trucks passing through Westbrook are on long routes from the Permian Basin to Dallas/Fort Worth, increasing fatigue risks
- Agricultural trucking: Seasonal harvests create spikes in truck traffic, often with inexperienced drivers
- Oilfield equipment: Heavy, oversized loads common in the region create additional hazards
- Rural roads: Many accidents occur on two-lane highways with limited shoulders and no barriers
- Weather conditions: West Texas weather – from sudden dust storms to icy conditions – creates unique challenges
The Devastating Reality of 18-Wheeler Accidents
When an 80,000-pound truck collides with a passenger vehicle, the results are often catastrophic. The physics are simple but brutal:
- A fully loaded 18-wheeler is 20-25 times heavier than your car
- At 65 mph, an 18-wheeler needs approximately 525 feet to stop – nearly two football fields
- The impact force of an 80,000-pound truck is 80 times greater than a passenger vehicle
This size and weight disparity means that even “minor” truck accidents can cause life-altering injuries:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Multiple fractures
- Wrongful death
In Westbrook, we’ve seen these injuries firsthand. The local healthcare system at Mitchell County Hospital provides excellent emergency care, but many truck accident victims require specialized treatment at larger facilities in Abilene or Lubbock. This means families face not only physical recovery but also the financial burden of medical bills, lost wages, and long-term care.
Common Causes of Trucking Accidents in Westbrook
Our experience handling Westbrook trucking accident cases has revealed several common causes that we see repeatedly:
Driver Fatigue and Hours of Service Violations
Fatigue is one of the leading causes of trucking accidents nationwide, and Westbrook sees more than its share. The long stretches of I-20 between cities create pressure for drivers to push beyond legal limits. Federal regulations (49 CFR Part 395) are designed to prevent fatigue by limiting driving time:
- Maximum 11 hours driving after 10 consecutive hours off duty
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Despite these regulations, we consistently find violations in Westbrook trucking cases. Drivers falsify logs, companies pressure drivers to meet unrealistic schedules, and drivers simply ignore the rules to make deliveries on time.
“In one Westbrook case, we proved the driver had been on duty for 22 consecutive hours before causing a fatal accident. The trucking company had pressured him to make an impossible delivery schedule.”
Improper Maintenance and Brake Failures
Westbrook’s location means many trucks travel long distances between inspections. Poor maintenance – especially brake failures – is a common factor in West Texas trucking accidents.
Federal regulations (49 CFR Part 396) require:
- Systematic inspection and maintenance programs
- Driver pre-trip and post-trip inspections
- Annual comprehensive inspections
- Immediate repair of safety defects
In one case, we proved that a trucking company had ignored repeated brake adjustment violations in their Westbrook fleet, leading to a catastrophic rear-end collision.
Cargo Securement Failures
Improperly secured cargo causes accidents in several ways:
- Shifting loads that destabilize the truck
- Falling debris that strikes other vehicles
- Overweight loads that exceed vehicle capacity
The agricultural and oilfield industries common in Westbrook create unique cargo securement challenges. We’ve seen cases involving:
- Improperly secured farm equipment
- Overloaded grain trucks
- Unsecured oilfield equipment
- Liquid loads that slosh and destabilize the truck
Distracted and Impaired Driving
Distracted driving is a growing problem in Westbrook trucking accidents. Despite federal prohibitions (49 CFR § 392.82), we frequently find evidence of:
- Cell phone use while driving
- Texting while driving
- Dispatch communications that distract drivers
- GPS programming while driving
Impaired driving – whether from alcohol, illegal drugs, or prescription medications – also plays a role in Westbrook trucking accidents.
Speeding and Reckless Driving
The long, straight stretches of I-20 and US-87 can lull drivers into a false sense of security. Speeding is particularly dangerous for trucks because:
- Increased stopping distance
- Greater risk of rollover on curves
- More severe impact forces
- Reduced reaction time
Federal regulations (49 CFR § 392.6) prohibit carriers from scheduling runs that require excessive speed.
Who’s Really Responsible for Your Westbrook Trucking Accident?
One of the most important aspects of trucking accident cases is that multiple parties may share liability. Unlike car accidents where typically only one driver is at fault, trucking accidents often involve several responsible parties:
The Truck Driver
The driver may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone use, texting)
- Fatigued driving (hours of service violations)
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
The Trucking Company (Motor Carrier)
The trucking company is often the most important defendant because they have the deepest pockets and highest insurance limits. They can be liable for:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not independent contractor)
- Acting within the scope of employment
- Performing job duties when accident occurred
Direct Negligence:
- Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
- Negligent Training: Inadequate training on safety, cargo securement, hours of service
- Negligent Supervision: Failed to monitor driver performance, ELD compliance
- Negligent Maintenance: Failed to maintain vehicle in safe condition
- Negligent Scheduling: Pressured drivers to violate HOS regulations
Cargo Owners and Shippers
The company that owns the cargo may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous nature of cargo
- Requiring overweight loading
- Pressuring carrier to expedite beyond safe limits
Cargo Loading Companies
Third-party loading companies may be liable for:
- Improper cargo securement (49 CFR 393 violations)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking and bracing
Truck and Parts Manufacturers
Manufacturers may be liable for defective products:
- Design defects in brake systems
- Manufacturing defects in tires or components
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
Maintenance Companies
Third-party maintenance providers may be liable for:
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or wrong parts
Freight Brokers
Freight brokers who arrange transportation may be liable for:
- Negligent selection of carrier with poor safety record
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
Government Entities
In limited cases, government entities may share liability for:
- Dangerous road design that contributed to accident
- Failure to maintain roads (potholes, debris)
- Inadequate signage for known hazards
- Failure to install safety barriers
The Critical Evidence in Your Westbrook Trucking Case
Evidence in trucking accident cases disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act fast, critical evidence will be lost forever.
Electronic Data (The “Black Box”)
Commercial trucks have sophisticated electronic systems that record operational data:
- ECM (Engine Control Module): Records engine performance, speed, throttle, RPM, cruise control, fault codes
- EDR (Event Data Recorder): Records pre-crash data triggered by sudden deceleration or airbag deployment
- ELD (Electronic Logging Device): Records driver hours of service, GPS location, driving time
- Telematics: Real-time GPS tracking, speed, route, driver behavior
- Dashcam: Video of road ahead, some record cab interior
This data can prove:
- The truck was speeding
- The driver failed to brake in time
- The driver violated hours of service regulations
- The truck had mechanical issues the driver ignored
CRITICAL WARNING: This data can be overwritten in as little as 30 days. We send spoliation letters within 24-48 hours of being retained to preserve this evidence.
Driver Qualification Files
Federal regulations (49 CFR Part 391) require 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.
Maintenance Records
Federal regulations (49 CFR Part 396) require:
- Systematic inspection and maintenance programs
- Driver pre-trip and post-trip inspection reports
- Annual comprehensive inspections
- Records of repairs and maintenance
Poor maintenance records prove negligent maintenance.
Hours of Service Records
ELD data proves:
- How long the driver was on duty
- Whether breaks were taken as required
- Any hours of service violations
- GPS location history
Hours of service violations are among the most common causes of trucking accidents.
Drug and Alcohol Test Results
Federal regulations require:
- Pre-employment drug testing
- Random drug and alcohol testing
- Post-accident testing
Positive test results prove impaired driving.
Cell Phone Records
Cell phone records can prove:
- The driver was texting at the time of the accident
- The driver was on the phone
- The driver was using dispatch communications
Witness Statements
Eyewitness accounts are crucial, especially in Westbrook where accidents often occur on rural roads with limited surveillance.
Physical Evidence
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
The Most Common Types of Westbrook Trucking Accidents
Jackknife Accidents
Jackknife accidents occur when the trailer and cab skid in opposite directions, with the trailer folding at an angle. These are particularly dangerous on I-20 where high speeds and sudden braking can trigger jackknifing.
Common causes in Westbrook:
- Sudden braking on I-20
- Speeding on curves approaching Westbrook
- Empty or lightly loaded trailers (more prone to swing)
- Improperly loaded cargo
- Brake failures
- Driver inexperience
Rollover Accidents
Rollover accidents occur when a truck tips onto its side or roof. The high center of gravity of 18-wheelers makes them particularly vulnerable, especially on rural roads around Westbrook.
Common causes in Westbrook:
- Speeding on curves (common on FM-1221 and US-87)
- Top-heavy loads (common with agricultural equipment)
- Overcorrection after tire blowouts
- Driver fatigue
- Improper cargo securement
Underride Collisions
Underride collisions occur when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. These are among the most fatal types of trucking accidents.
Types:
- Rear underride: Vehicle strikes back of trailer
- Side underride: Vehicle impacts side of trailer
Common causes in Westbrook:
- Inadequate or missing underride guards
- Worn or damaged rear impact guards
- Sudden stops without warning
- Low visibility conditions
- Truck lane changes into blind spots
Federal requirements:
- Rear impact guards required on trailers manufactured after January 26, 1998
- Guards must prevent underride at 30 mph impact
- NO federal requirement for side underride guards
Rear-End Collisions
Rear-end collisions occur when an 18-wheeler strikes the back of another vehicle. Due to their massive weight, these accidents cause devastating injuries.
Common causes in Westbrook:
- Following too closely on I-20
- Driver distraction (cell phone, dispatch communications)
- Driver fatigue
- Excessive speed for traffic conditions
- Brake failures
- Failure to anticipate traffic slowdowns
Wide Turn Accidents (“Squeeze Play”)
Wide turn accidents occur when an 18-wheeler swings wide before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing the vehicle.
Why trucks make wide turns:
- Need significant space to complete turns
- Trailer tracks inside the path of the cab
- Must swing wide to avoid curbs, signs, or buildings
Common causes in Westbrook:
- Failure to properly signal turning intention
- Inadequate mirror checks before and during turn
- Improper turn technique
- Driver inexperience
- Failure to yield right-of-way
Blind Spot Accidents (“No-Zone”)
Trucks have four major blind spots where drivers cannot see other vehicles:
- Front No-Zone: 20 feet directly in front of the cab
- Rear No-Zone: 30 feet behind the trailer
- Left Side No-Zone: Extends from cab door backward
- Right Side No-Zone: Extends from cab door backward (largest blind spot)
Common causes in Westbrook:
- Failure to check mirrors before lane changes on I-20
- Improperly adjusted mirrors
- Driver distraction
- Driver fatigue
Tire Blowout Accidents
Tire blowouts are particularly dangerous in West Texas due to high temperatures and long distances between service stations.
Common causes in Westbrook:
- Underinflated tires causing overheating
- Overloaded vehicles
- Worn or aging tires
- Road debris punctures
- Manufacturing defects
- Improper tire matching on dual wheels
Brake Failure Accidents
Brake failures are a significant problem in Westbrook due to the long distances trucks travel between inspections.
Common causes in Westbrook:
- Worn brake pads or shoes not replaced
- Improper brake adjustment (too loose)
- Air brake system leaks or failures
- Overheated brakes (brake fade) on long descents
- Contaminated brake fluid
- Defective brake components
Cargo Spill/Shift Accidents
Improperly secured cargo causes accidents in several ways:
Types:
- Cargo Shift: Load moves during transit, destabilizing truck
- Cargo Spill: Load falls from truck onto roadway
- Hazmat Spill: Hazardous materials leak or spill
Common causes in Westbrook:
- Inadequate tiedowns (insufficient number or strength)
- Improper loading distribution
- Failure to use blocking, bracing, or friction mats
- Tiedown failure due to wear or damage
- Overloading beyond securement capacity
- Failure to re-inspect cargo during trip
- Loose tarps allowing cargo shift
How We Investigate Westbrook Trucking Accidents
Our investigation process begins immediately and follows a systematic approach:
Phase 1: Immediate Response (0-72 Hours)
- Accept case and send preservation letters same day
- Deploy accident reconstruction expert to scene if needed
- Obtain police crash report from Mitchell County Sheriff’s Office
- Photograph client injuries with medical documentation from Mitchell County Hospital
- Photograph all vehicles before they are repaired or scrapped
- Identify all potentially liable parties
Phase 2: Evidence Gathering (Days 1-30)
- Subpoena ELD/black box data downloads
- Request driver’s paper log books (backup documentation)
- Obtain complete Driver Qualification File from carrier
- Request all truck maintenance and inspection records
- Obtain carrier’s CSA safety scores and inspection history
- Order driver’s complete Motor Vehicle Record (MVR)
- Subpoena driver’s cell phone records
- Obtain dispatch records and delivery schedules
- Canvass accident scene for security camera footage
Phase 3: Expert Analysis
- Accident reconstruction specialist creates crash analysis
- Medical experts establish causation and future care needs
- Vocational experts calculate lost earning capacity
- Economic experts determine present value of all damages
- Life care planners develop comprehensive care plans
- FMCSA regulation experts identify all violations
Phase 4: Litigation Strategy
- File lawsuit in Mitchell County District Court before statute of limitations expires
- Pursue aggressive discovery against all potentially liable parties
- Depose truck driver, dispatcher, safety manager, maintenance personnel
- Build case for trial while negotiating settlement from position of strength
- Prepare every case as if going to trial (this creates leverage in negotiations)
The Insurance Battle: How We Fight for You
Trucking companies and their insurers begin working against you immediately after an accident. They have teams of lawyers, investigators, and adjusters whose sole job is to minimize your claim.
Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims. Now he uses that knowledge to fight for you.
Common Insurance Tactics and Our Counter-Strategies
| Insurance Tactic | Our Counter-Strategy |
|---|---|
| Quick Lowball Settlement Offers | We NEVER accept early offers. We calculate the full future damages first. |
| Denying or Minimizing Injuries | We obtain comprehensive medical documentation and expert testimony. |
| Blaming the Victim | We investigate thoroughly and gather evidence disproving fault allegations. |
| Delaying the Claims Process | We file lawsuit to force discovery and set depositions. |
| Using Recorded Statements Against Victims | We advise clients NEVER to give statements without attorney present. |
| “Pre-Existing Condition” Defense | We apply Texas “Eggshell Skull” doctrine – take plaintiff as found. |
| “Gap in Treatment” Attacks | We document all treatment and explain gaps with medical records. |
| Sending Surveillance Investigators | We advise clients on appropriate conduct and expose unfair surveillance. |
| Hiring “Independent” Medical Examiners | We counter with client’s treating physicians and independent experts. |
| Drowning Plaintiff in Paperwork | We use aggressive litigation and motion practice to force resolution. |
What’s Your Westbrook Trucking Accident Case Worth?
Case values in Westbrook trucking accidents depend on many factors, but trucking companies carry much higher insurance limits than typical car accidents:
- Federal minimum liability coverage: $750,000 for non-hazardous freight
- Typical coverage: $1,000,000 to $5,000,000
- Some carriers carry: $10,000,000+ in coverage
This higher coverage means catastrophic injuries can actually be compensated.
Factors That Affect Case Value
-
Severity of Injuries
- Catastrophic injuries (TBI, paralysis, amputations) command higher values
- Permanent disabilities increase case value
- Need for future medical care increases value
-
Medical Expenses
- Past medical bills
- Future medical care needs
- Rehabilitation costs
- Home modification expenses
-
Lost Income and Earning Capacity
- Wages lost due to injury
- Reduction in future earning ability
- Loss of career opportunities
-
Pain and Suffering
- Physical pain from injuries
- Emotional distress
- Loss of enjoyment of life
- Disfigurement and scarring
-
Degree of Defendant’s Negligence
- Clear liability increases case value
- Gross negligence or reckless conduct may support punitive damages
- Pattern of similar violations increases value
-
Insurance Coverage Available
- Higher policy limits allow for larger recoveries
- Multiple policies may be available
- Umbrella or excess coverage increases potential recovery
Typical Settlement Ranges in Westbrook Trucking Cases
| Injury Type | Typical Settlement Range |
|---|---|
| Soft Tissue Injuries | $50,000 – $200,000 |
| Herniated Disc (Non-Surgical) | $100,000 – $300,000 |
| Herniated Disc (With Surgery) | $350,000 – $1,200,000 |
| Traumatic Brain Injury (Moderate to Severe) | $1,500,000 – $10,000,000+ |
| Spinal Cord Injury (Paraplegia) | $2,000,000 – $10,000,000+ |
| Spinal Cord Injury (Quadriplegia) | $5,000,000 – $25,000,000+ |
| Amputation | $1,000,000 – $8,000,000 |
| Severe Burns | $1,000,000 – $10,000,000+ |
| Wrongful Death | $1,000,000 – $15,000,000+ |
“In one Westbrook case, we recovered $3.8 million for a client who suffered a partial leg amputation after a trucking accident on US-87. The trucking company had ignored repeated brake adjustment violations.”
Wrongful Death Claims in Westbrook Trucking Accidents
When a trucking accident kills a loved one, Texas law allows surviving family members to pursue wrongful death claims. These claims seek compensation for the losses suffered by the family.
Who Can Bring a Wrongful Death Claim in Texas?
- Surviving spouse
- Children (minor and adult)
- Parents (especially if no spouse or children)
- Estate representative
Types of Wrongful Death Damages
-
Economic Damages
- Lost future income and benefits
- Funeral and burial expenses
- Medical expenses incurred prior to death
-
Non-Economic Damages
- Loss of consortium (spousal companionship and relationship)
- Loss of parental guidance and nurturing (for surviving children)
- Mental anguish and emotional distress
- Pain and suffering experienced by decedent before death
-
Punitive Damages
- May be available in cases of gross negligence or reckless conduct
Texas Statute of Limitations for Wrongful Death
- 2 years from date of death to file lawsuit
- Strict deadline – do not wait
Why Choose Attorney911 for Your Westbrook Trucking Accident Case
1. We’re Westbrook Trucking Accident Specialists
We don’t just handle trucking cases – we specialize in them. Our firm has recovered millions for Westbrook families devastated by 18-wheeler accidents. We know the local trucking corridors, the common accident locations, and how to build cases that win in Mitchell County courts.
2. Our Team Includes a Former Insurance Defense Attorney
Lupe Peña spent years working for a national insurance defense firm. He knows exactly how trucking companies and their insurers evaluate claims, minimize payouts, and deny legitimate claims. Now he uses that insider knowledge to fight for you.
3. We Have Federal Court Experience
Our managing partner, Ralph Manginello, is admitted to the U.S. District Court for the Southern District of Texas. This is critical for interstate trucking cases that may be filed in federal court.
4. We’ve Fought Major Trucking Companies
We’ve taken on and beaten major trucking companies including:
- Walmart trucking operations
- Coca-Cola distribution vehicles
- Amazon delivery trucks
- FedEx trucks
- UPS trucks
- Various commercial trucking companies
5. We Offer Fluent Spanish Services
Many trucking accident victims in Westbrook speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español.
6. We Work on Contingency – You Pay Nothing Unless We Win
We understand that trucking accident victims face financial hardship. That’s why we work on contingency:
- No upfront fees
- No hourly charges
- We advance all costs of investigation and litigation
- You pay nothing unless we win your case
- Our fee comes from the recovery, not your pocket
7. We Have a Proven Track Record of Results
Our firm has recovered millions for trucking accident victims:
- $3.8 million for a client who suffered a partial leg amputation
- $2.5 million for a truck crash recovery
- Millions recovered for families in wrongful death cases
- $50+ million recovered for Texas families across all practice areas
8. We Provide Personal Attention
Unlike large billboard firms that treat you like a number, we treat our clients like family. You’ll have direct access to your attorney, and we’ll keep you informed every step of the way.
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client
What to Do After a Westbrook Trucking Accident
If you’ve been involved in a trucking accident in Westbrook, follow these critical steps:
At the Scene
- Call 911 immediately – Report the accident and request medical assistance
- Seek medical attention – Even if injuries seem minor, get checked out
- Document the scene – Take photos and video of:
- All vehicle damage (trucks and your vehicle)
- The accident scene (road conditions, skid marks, debris)
- Your injuries
- Street signs and traffic signals
- Weather conditions
- Get the truck driver’s information – Including:
- Name and contact information
- Commercial driver’s license (CDL) number
- Trucking company name and contact information
- Insurance information
- Truck and trailer license plate numbers
- DOT number (on the truck door)
- Get witness information – Names and contact information for all witnesses
- Get the responding officer’s information – Name and badge number
- Do NOT give recorded statements – To any insurance company without consulting an attorney
After Leaving the Scene
- Follow up with medical treatment – Attend all follow-up appointments
- Document everything – Keep a journal of your symptoms and how the injuries affect your daily life
- Preserve evidence – Save all medical records, bills, and receipts
- Do NOT post on social media – Insurance companies will use your posts against you
- Contact Attorney911 immediately – The sooner we get involved, the better we can protect your rights
Frequently Asked Questions About Westbrook Trucking Accidents
What should I do immediately after a trucking accident in Westbrook?
If you’ve been in a trucking accident in Westbrook, take these steps immediately if you’re able:
- Call 911 and report the accident
- Seek medical attention, even if injuries seem minor
- Document the scene with photos and video if possible
- Get the trucking company name, DOT number, and driver information
- Collect witness contact information
- Do NOT give recorded statements to any insurance company
- Call Attorney911 at 1-888-ATTY-911 for a free consultation
Should I go to the hospital after a truck accident even if I feel okay?
YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Mitchell County Hospital and other West Texas medical facilities can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene in Westbrook?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact a Westbrook 18-wheeler accident attorney?
IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
Who can I sue after an 18-wheeler accident in Westbrook?
Multiple parties may be liable in trucking accidents:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:
- Negligent hiring (hiring unqualified drivers)
- Negligent training (inadequate safety training)
- Negligent supervision (failing to monitor driver behavior)
- Negligent maintenance (poor vehicle upkeep)
What if the truck driver says the accident was my fault?
Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.
What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to an airplane’s black box. This data can show:
- Speed before and during the crash
- Brake application timing
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
What injuries are common in 18-wheeler accidents in Westbrook?
Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:
- Traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Multiple fractures
- Wrongful death
How much are 18-wheeler accident cases worth in Westbrook?
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.
What if my loved one was killed in a trucking accident in Westbrook?
Texas allows wrongful death claims by surviving family members. You may recover:
- Lost future income
- Loss of companionship and guidance
- Mental anguish
- Funeral expenses
- Punitive damages if gross negligence
Time limits apply – contact us immediately to protect your rights.
How long do I have to file an 18-wheeler accident lawsuit in Westbrook?
The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
Do I need to pay anything upfront to hire your firm?
NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.
How much insurance do trucking companies carry?
Federal law requires minimum liability coverage:
- $750,000 for non-hazardous freight
- $1,000,000 for oil, large equipment
- $5,000,000 for hazardous materials
Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.
What if multiple insurance policies apply to my accident?
Trucking cases often involve multiple policies:
- Motor carrier’s liability policy
- Trailer interchange coverage
- Cargo insurance
- Owner-operator’s policy
- Excess/umbrella coverage
We identify all available coverage to maximize your recovery.
Will the trucking company’s insurance try to settle quickly?
Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.
Contact Attorney911 Today
If you or a loved one has been injured in a Westbrook trucking accident, don’t wait. Evidence is disappearing every hour. Call Attorney911 now at 1-888-ATTY-911 for a free consultation.
Our Westbrook trucking accident attorneys are available 24/7 to answer your questions and help you understand your rights. We offer:
- Free case evaluations
- No upfront fees – you pay nothing unless we win
- Fluent Spanish services
- Personal attention from experienced attorneys
- Aggressive representation against trucking companies
Remember: The trucking company has lawyers working right now to protect their interests. You deserve the same level of representation. Call 1-888-ATTY-911 today.
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
Hablamos Español. Llame al 1-888-ATTY-911 para una consulta gratis.