18-Wheeler Accident Attorneys in Overton, Texas | Holding Trucking Companies Accountable
Every year, hundreds of East Texas families are devastated by catastrophic 18-wheeler accidents on our highways. If you or a loved one has been seriously injured in a trucking accident in Overton, Texas, you need an attorney who understands the unique challenges of these cases and has the experience to fight for maximum compensation.
At Attorney911, we’ve been representing truck accident victims across Texas for over 25 years. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements against some of the largest trucking companies in America. When you call us, you’re not just getting an attorney – you’re getting a team that includes a former insurance defense lawyer who knows exactly how trucking companies try to minimize claims.
Why Overton Trucking Accidents Require Specialized Legal Representation
Overton sits at a critical juncture in East Texas, where major trucking corridors converge. The intersection of US-259 and State Highway 135 sees heavy commercial traffic, as does the stretch of I-20 that passes just north of town. These highways connect Tyler to Longview and Shreveport, carrying everything from oilfield equipment to consumer goods bound for Walmart distribution centers.
The trucking companies operating on these routes know the roads well, but that doesn’t stop them from cutting corners on safety. We’ve seen cases where:
- Drivers push beyond federal hours-of-service limits to meet tight delivery schedules
- Companies fail to properly maintain brakes and tires on their rigs
- Dispatchers pressure drivers to violate safety regulations
- Cargo is improperly secured, leading to dangerous spills and rollovers
When these violations lead to accidents, the results are often catastrophic. Unlike car accidents, 18-wheeler crashes frequently cause traumatic brain injuries, spinal cord damage, amputations, and wrongful death. The medical bills and lost wages can quickly reach hundreds of thousands – or even millions – of dollars.
The Overton Difference: Local Knowledge Meets National Experience
While some law firms handle trucking cases across the country, we focus on Texas – and we know Overton specifically. Our team understands:
- The unique traffic patterns at the US-259/Highway 135 intersection
- The dangers of I-20’s long straightaways where fatigued drivers lose focus
- The local courts and judges who handle these cases
- The common routes used by oilfield service companies and freight carriers
- The specific challenges of rural East Texas roads
This local knowledge, combined with our national experience taking on Fortune 500 trucking companies, gives us an advantage when building your case.
Common Causes of 18-Wheeler Accidents in Overton
Driver Fatigue: The Silent Killer on East Texas Highways
Fatigue is a factor in nearly one-third of all fatal truck crashes. The long stretches of I-20 between Overton and Longview are particularly dangerous, as drivers fight to stay awake while hauling loads to distribution centers.
Federal regulations limit drivers to:
- 11 hours of driving after 10 consecutive hours off duty
- 14-hour on-duty window after coming on duty
- 30-minute break after 8 cumulative hours of driving
- 60/70-hour weekly limits
Yet we routinely find drivers who violate these rules, often with their company’s knowledge. Electronic logging devices (ELDs) make it harder to falsify logs, but some companies still find ways to circumvent the regulations.
Brake Failures: A Preventable Danger
Brake problems are a factor in 29% of all large truck crashes. On the hilly terrain around Overton, properly maintained brakes are essential. We’ve seen cases where:
- Companies defer maintenance to save money
- Drivers fail to conduct proper pre-trip inspections
- Brake systems aren’t properly adjusted
- Worn brake pads aren’t replaced
When brakes fail on a fully loaded 18-wheeler, the results are often deadly. These accidents are 100% preventable with proper maintenance.
Tire Blowouts: A Common Hazard on Texas Roads
Texas’ extreme heat and long distances take a toll on truck tires. Blowouts are especially dangerous when they occur on steer tires (front wheels), as they can cause immediate loss of control.
Common causes include:
- Underinflated tires
- Overloaded vehicles
- Worn or aged tires
- Road debris
- Manufacturing defects
Cargo Securement Failures
Improperly secured cargo can shift during transit, causing the truck to become unstable and potentially roll over. This is particularly dangerous on the curves of Highway 135 and when trucks enter or exit I-20.
Federal regulations require:
- Cargo to be contained, immobilized, or secured
- Securement systems to withstand specific forces
- Different securement methods for different types of cargo
Underride Accidents: Among the Most Deadly
Underride accidents occur when a passenger vehicle slides underneath a truck’s trailer. These accidents are often fatal because the trailer shears off the top of the smaller vehicle.
While rear underride guards are required, side underride guards are not – despite the fact that side underride accidents are often just as deadly.
What to Do After an 18-Wheeler Accident in Overton
If you’ve been involved in a trucking accident, what you do in the next 48 hours can make or break your case.
At the Scene
- Call 911 immediately – Report the accident and request medical assistance
- Document everything – Take photos of:
- All vehicles involved (from multiple angles)
- The accident scene (road conditions, skid marks, debris)
- Your injuries
- The truck’s license plate, DOT number, and company information
- Any visible damage to the truck (especially brakes, tires, and cargo securement)
- Get witness information – Names, phone numbers, and addresses
- Don’t discuss fault – Anything you say can be used against you
- Don’t give recorded statements – Insurance adjusters will call quickly – refer them to your attorney
In the Hospital
- Follow all medical advice – Your health comes first
- Document your injuries – Keep a journal of your symptoms and how they affect your daily life
- Save all medical records and bills – This documentation is crucial for your case
- Don’t post on social media – Insurance companies will use your posts against you
Within 48 Hours
- Contact an experienced 18-wheeler accident attorney – Critical evidence disappears quickly
- Preserve evidence – We send spoliation letters immediately to:
- The trucking company
- Their insurance carrier
- Any third parties involved
- Investigate thoroughly – We gather:
- Black box/ECM data
- ELD records
- Driver qualification files
- Maintenance records
- Dispatch logs
- Cell phone records
- Surveillance footage
Why Evidence Disappears So Quickly
Trucking companies have rapid-response teams that spring into action after accidents. They know that certain evidence has a limited lifespan:
- Black box data – Can be overwritten in 30 days or with new driving events
- ELD records – May be retained for only 6 months
- Dashcam footage – Often deleted within 7-14 days
- Surveillance video – Business cameras typically overwrite in 7-30 days
- Physical evidence – The truck may be repaired, sold, or scrapped
- Witness memories – Fade significantly within weeks
This is why we act immediately to preserve evidence before it’s lost forever.
The Attorney911 Advantage: Why Choose Us for Your Overton Trucking Case
1. We Know the Trucking Industry Inside and Out
Our team includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows exactly how trucking companies evaluate claims and what tactics they use to minimize payouts. Now he uses that insider knowledge to fight for accident victims.
2. We Have a Proven Track Record of Multi-Million Dollar Results
We’ve secured significant settlements and verdicts for trucking accident victims, including:
- $5+ million for a logging accident victim who suffered traumatic brain injury and vision loss
- $3.8+ million for a car accident victim who required amputation after complications from treatment
- $2.5+ million for a truck crash victim
- Millions recovered for families in wrongful death cases
3. We’re Local to Overton and East Texas
While we have offices in Houston, Austin, and Beaumont, we know Overton specifically. We understand:
- The local courts and judges
- The unique traffic patterns in Rusk County
- The common routes used by commercial carriers
- The specific challenges of rural East Texas roads
4. We Prepare Every Case for Trial
Most cases settle before trial, but we prepare every case as if it’s going to court. This approach gives us leverage in negotiations and ensures we’re ready if the case does go to trial. Insurance companies know which attorneys are willing to go to court – and they offer better settlements to clients with trial-ready representation.
5. We Offer Bilingual Services
Overton has a diverse community, and we serve clients in both English and Spanish. Our associate attorney Lupe Peña is fluent in Spanish and can communicate directly with Spanish-speaking clients without the need for interpreters.
6. We Work on Contingency – You Pay Nothing Unless We Win
We understand that accident victims are facing medical bills, lost wages, and other expenses. That’s why we work on a contingency fee basis – you pay nothing upfront and nothing unless we recover compensation for you.
Common Injuries in Overton 18-Wheeler Accidents
The sheer size and weight of 18-wheelers – up to 80,000 pounds when fully loaded – means that accidents often result in catastrophic injuries:
Traumatic Brain Injury (TBI)
TBI occurs when the brain is jolted or penetrated, causing damage that can range from mild (concussion) to severe (permanent disability). Symptoms may include:
- Headaches and dizziness
- Memory loss and confusion
- Difficulty concentrating
- Mood changes and depression
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
Severe TBI can require lifelong care, with costs ranging from $85,000 to $3 million or more.
Spinal Cord Injuries
Damage to the spinal cord can result in partial or complete paralysis:
- Paraplegia – Loss of function below the waist
- Quadriplegia – Loss of function in all four limbs
- Incomplete injuries – Some nerve function remains
- Complete injuries – Total loss of sensation and movement
Lifetime care costs for spinal cord injuries range from $1.1 million to $5 million or more.
Amputations
Crushing injuries from truck accidents often result in amputations, either at the scene or later when medical complications develop. Amputations require:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000-$50,000 each)
- Ongoing physical and occupational therapy
- Psychological counseling
- Home modifications
Severe Burns
Fuel tank ruptures, hazmat spills, and electrical fires can cause severe burns that require:
- Multiple skin graft surgeries
- Long-term rehabilitation
- Treatment for chronic pain
- Psychological counseling for trauma and disfigurement
Internal Organ Damage
The forces involved in truck accidents can cause:
- Liver or spleen rupture
- Kidney damage
- Lung contusions
- Internal bleeding
- Bowel and intestinal damage
Wrongful Death
When trucking accidents are fatal, surviving family members may pursue wrongful death claims to recover:
- Lost future income and benefits
- Loss of companionship and guidance
- Mental anguish
- Funeral expenses
- Medical expenses before death
- Pain and suffering of the deceased before death
Who Can Be Held Liable in an Overton Trucking Accident?
Unlike car accidents, trucking accidents often involve multiple liable parties:
The Truck Driver
The driver may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone use, texting)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
The Trucking Company
Trucking companies are often the primary defendants because:
- They have the deepest pockets (highest insurance limits)
- They’re responsible for their employees’ actions under respondeat superior
- They 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)
- Negligent scheduling (pressuring drivers to violate HOS)
Cargo Owners and Shippers
The company that owns the cargo may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous cargo
- Requiring overweight loads
- Pressuring carriers to expedite deliveries
Loading Companies
Third-party loading companies may be liable for:
- Improper cargo securement
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to train loaders on securement requirements
Truck and Parts Manufacturers
Manufacturers may be liable for defective products that cause accidents:
- Brake system failures
- Tire defects
- Steering component failures
- Lighting system failures
- Coupling device failures
Maintenance Companies
Third-party maintenance providers may be liable for:
- Negligent repairs
- Failure to identify critical safety issues
- Using substandard or wrong parts
- Returning vehicles to service with known defects
Freight Brokers
Freight brokers who arrange transportation may be liable for:
- Negligent selection of carriers with poor safety records
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
Government Entities
In rare cases, government entities may be liable for:
- Dangerous road design
- Failure to maintain roads
- Inadequate signage
- Failure to install safety barriers
Our investigation identifies all potentially liable parties to maximize your recovery.
The Legal Process for Overton Trucking Accident Cases
1. Initial Consultation
We offer free, no-obligation consultations to evaluate your case. During this meeting, we’ll:
- Review the facts of your accident
- Explain your legal rights
- Discuss potential compensation
- Answer your questions
2. Investigation
Our team immediately begins investigating your case by:
- Sending spoliation letters to preserve evidence
- Obtaining black box/ECM data
- Securing ELD records
- Subpoenaing driver qualification files
- Reviewing maintenance records
- Analyzing dispatch logs
- Obtaining cell phone records
- Interviewing witnesses
- Visiting the accident scene
3. Medical Treatment and Documentation
We work with your medical providers to:
- Ensure you receive proper treatment
- Document the full extent of your injuries
- Project future medical needs
- Calculate lost wages and earning capacity
4. Demand Letter
Once we’ve gathered sufficient evidence and you’ve reached maximum medical improvement, we send a comprehensive demand letter to the insurance companies outlining:
- The facts of the case
- The legal basis for liability
- The full extent of your damages
- Our settlement demand
5. Negotiation
We negotiate aggressively with the insurance companies to reach a fair settlement. Our experience – including our insurance defense background – gives us insight into how adjusters evaluate claims.
6. Litigation (If Necessary)
If we can’t reach a fair settlement through negotiation, we’re prepared to file a lawsuit and take your case to trial. We have federal court experience in the Southern District of Texas, which is crucial for interstate trucking cases.
7. Resolution
Most cases settle before trial, but we’re fully prepared to go to court if necessary. When your case resolves, we:
- Pay all medical liens and case expenses
- Distribute your settlement
- Provide a final accounting
Overton-Specific Considerations
The Texas Statute of Limitations
In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. However, you should never wait this long. Evidence disappears quickly in trucking cases, and the sooner we begin investigating, the stronger your case will be.
Comparative Negligence in Texas
Texas follows a “modified comparative negligence” rule. This means:
- You can recover damages even if you were partially at fault
- Your recovery is reduced by your percentage of fault
- If you’re found to be 51% or more at fault, you cannot recover anything
For example, if you’re found to be 20% at fault and your damages total $1 million, you would recover $800,000.
Damage Caps in Texas
Texas has specific rules about damage caps:
- No cap on economic damages (medical bills, lost wages)
- No cap on non-economic damages (pain and suffering) in most personal injury cases
- Punitive damages are capped at the greater of:
- Two times economic damages plus non-economic damages (up to $750,000)
- $200,000
The Overton Court System
Trucking accident cases in Overton are typically filed in:
- Rusk County District Court for cases with significant damages
- Rusk County Court at Law for smaller cases
- Federal Court for interstate trucking cases
We’re familiar with the local courts and judges, which helps us navigate your case efficiently.
Overton Trucking Corridors: Where Accidents Happen
Overton sits at the crossroads of several major trucking routes:
US-259 Through Overton
This north-south route connects Tyler to Longview and sees heavy commercial traffic, including:
- Oilfield service trucks
- Logging trucks
- Local freight carriers
- Agricultural equipment
The intersection with Highway 135 is particularly dangerous, with trucks making wide turns and passenger vehicles often failing to yield.
State Highway 135
This east-west route carries trucks between Henderson and Kilgore, including:
- Oilfield equipment
- Agricultural products
- Local freight
The curves and hills on this route can be challenging for large trucks, especially when drivers are fatigued or cargo is improperly secured.
I-20 (Just North of Overton)
While I-20 doesn’t pass directly through Overton, it’s a major trucking corridor just north of town. This interstate carries:
- Long-haul freight between Dallas and Shreveport
- Oilfield equipment bound for the Permian Basin
- Consumer goods for Walmart distribution centers
- Hazardous materials
The long straightaways on I-20 can lead to driver fatigue, and the interchange with US-259 sees heavy truck traffic.
Local Roads and Rural Routes
Overton’s rural location means that many accidents occur on two-lane roads where:
- Trucks and passenger vehicles share the road
- Visibility is limited
- Emergency response times are longer
- Road conditions may be poor
Common Types of Trucking Accidents in Overton
Rear-End Collisions
Rear-end collisions are common when:
- Trucks follow too closely
- Drivers are distracted
- Brakes fail
- Drivers are fatigued and don’t react in time
The massive weight disparity means that even low-speed rear-end collisions can cause catastrophic injuries.
Underride Accidents
Underride accidents occur when a passenger vehicle slides underneath a truck’s trailer. These accidents are often fatal because the trailer shears off the top of the smaller vehicle.
Rollovers
Rollover accidents are common when:
- Trucks take curves too fast
- Cargo shifts during transit
- Drivers overcorrect after running off the road
- Liquid cargo sloshes and affects stability
Jackknife Accidents
Jackknife accidents occur when the trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic. Common causes include:
- Sudden braking
- Wet or icy roads
- Improperly loaded cargo
- Brake system failures
Cargo Spills
Improperly secured cargo can fall from trucks, creating hazards for other vehicles. Common causes include:
- Inadequate tiedowns
- Unbalanced loads
- Failure to re-inspect cargo during transit
- Loose tarps
Wide Turn Accidents
Trucks making wide right turns can create dangerous situations when:
- Passenger vehicles try to pass on the right
- Trucks swing wide into adjacent lanes
- Drivers fail to signal properly
- Drivers don’t check mirrors before turning
Blind Spot Accidents
Trucks have large blind spots (No-Zones) where drivers can’t see other vehicles. Accidents occur when:
- Trucks change lanes into occupied space
- Passenger vehicles linger in blind spots
- Drivers fail to check mirrors before maneuvering
Tire Blowouts
Tire blowouts can cause immediate loss of control, especially when they occur on steer tires. Common causes include:
- Underinflated tires
- Overloaded vehicles
- Worn or aged tires
- Road debris
- Manufacturing defects
How We Prove Negligence in Overton Trucking Cases
To win your case, we must prove that the trucking company or driver was negligent. This requires showing:
- Duty of Care – The trucking company and driver owed you a duty to operate safely
- Breach of Duty – They failed to meet that duty through negligent actions
- Causation – Their negligence caused your injuries
- Damages – You suffered actual harm as a result
Common Ways We Prove Negligence
Hours of Service Violations
We obtain ELD records to show:
- The driver exceeded 11-hour driving limits
- The driver worked beyond the 14-hour on-duty window
- The driver failed to take required 30-minute breaks
- The driver violated weekly limits
False Log Entries
Even with ELDs, some drivers and companies try to falsify records. We compare:
- ELD data with dispatch records
- GPS tracking with claimed routes
- Fuel receipts with claimed mileage
Negligent Hiring
We review the driver qualification file to show:
- The company failed to check the driver’s background
- The driver had a poor safety record
- The driver lacked proper qualifications
- The company hired someone with a history of violations
Negligent Training
We obtain training records to show:
- The company provided inadequate safety training
- The driver wasn’t trained on proper cargo securement
- The driver wasn’t trained on hours of service regulations
- The company failed to provide ongoing training
Negligent Supervision
We review company records to show:
- The company failed to monitor driver performance
- The company ignored previous violations
- The company pressured drivers to violate regulations
- The company failed to take corrective action
Negligent Maintenance
We obtain maintenance records to show:
- The company deferred critical repairs
- The company used substandard parts
- The company ignored known defects
- The company failed to conduct required inspections
Cargo Securement Violations
We inspect cargo securement to show:
- Inadequate tiedowns were used
- The load was improperly distributed
- The cargo exceeded weight limits
- The company failed to re-inspect during transit
The Role of Experts in Overton Trucking Cases
We work with a network of experts to build the strongest possible case:
Accident Reconstruction Experts
These experts use physical evidence, data from the black box, and computer simulations to determine:
- How the accident occurred
- The speed of the vehicles involved
- The point of impact
- Whether the driver could have avoided the accident
Medical Experts
Medical experts help us:
- Document the full extent of your injuries
- Explain how your injuries affect your daily life
- Project future medical needs and costs
- Establish the link between the accident and your injuries
Vocational Experts
Vocational experts evaluate:
- Your ability to return to work
- Any limitations on your earning capacity
- The need for vocational retraining
- Future lost wages
Economic Experts
Economic experts calculate:
- Past and future medical expenses
- Lost wages and earning capacity
- The present value of future damages
- Other economic losses
Life Care Planners
For catastrophic injuries, life care planners develop comprehensive plans for:
- Future medical care
- Rehabilitation needs
- Assistive devices
- Home modifications
- Other long-term needs
FMCSA Regulation Experts
These experts help us:
- Identify all applicable regulations
- Determine which regulations were violated
- Explain how the violations contributed to the accident
- Provide testimony about industry standards
Insurance Issues in Overton Trucking Cases
Federal Minimum Insurance Requirements
Federal law requires commercial trucking companies to carry minimum liability insurance:
| Cargo Type | Minimum Coverage |
|---|---|
| Non-Hazardous Freight | $750,000 |
| Oil/Petroleum | $1,000,000 |
| Large Equipment | $1,000,000 |
| Hazardous Materials | $5,000,000 |
| Passengers (16+ passengers) | $5,000,000 |
| Passengers (15 or fewer) | $1,500,000 |
Many carriers carry $1-5 million or more in coverage.
Multiple Insurance Policies
Trucking cases often involve multiple insurance policies:
- The motor carrier’s liability policy
- Trailer interchange coverage
- Cargo insurance
- The owner-operator’s policy
- Excess/umbrella coverage
We identify all available coverage to maximize your recovery.
Insurance Company Tactics
Insurance companies use various tactics to minimize payouts:
Quick Lowball Settlement Offers
Insurance companies often make quick settlement offers that are far below what your case is worth. These offers are designed to:
- Get you to settle before you understand the full extent of your injuries
- Prevent you from consulting an attorney
- Save the insurance company money
Denying or Minimizing Injuries
Insurance adjusters may:
- Argue that your injuries aren’t as severe as you claim
- Blame your injuries on pre-existing conditions
- Question whether your injuries were caused by the accident
Blaming the Victim
Adjusters may try to shift blame to you by:
- Claiming you were speeding
- Saying you failed to yield
- Arguing you could have avoided the accident
Delaying the Claims Process
Some insurance companies delay processing claims in hopes that:
- You’ll become frustrated and accept a low offer
- Witnesses’ memories will fade
- Evidence will disappear
- The statute of limitations will expire
Using Recorded Statements Against You
Insurance adjusters may:
- Ask you to give a recorded statement
- Use your words against you later
- Twist your statements to make it seem