18-Wheeler Accidents in Hemphill, Texas: Your Complete Legal Guide
When an 80,000-Pound Truck Changes Your Life in an Instant
The impact was catastrophic. One moment you were driving down Hemphill’s highways, the next an 80,000-pound 18-wheeler was jackknifing across US-96, blocking all three lanes of traffic. In that instant, everything changed.
If you or a loved one has been seriously injured in an 18-wheeler accident in Hemphill, Texas, you need more than just a lawyer – you need a legal emergency response team that understands the unique challenges of Sabine County trucking cases. At Attorney911, we’ve been fighting for truck accident victims across East 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 catastrophic 18-wheeler crashes.
Why Hemphill Trucking Accidents Are Different
Hemphill sits at the crossroads of major East Texas trucking corridors. US-96 runs through the heart of Sabine County, connecting the Gulf Coast to the Piney Woods region. This highway sees heavy truck traffic from:
- Oil and gas industry vehicles serving the Haynesville Shale formation
- Timber trucks hauling East Texas pine and hardwood
- Agricultural trucks transporting Sabine County’s cattle and poultry
- Interstate commerce trucks moving goods between Port Arthur and Shreveport
The rural nature of Sabine County creates unique trucking accident risks:
- Long stretches of highway with limited emergency services
- Challenging road conditions during East Texas thunderstorms
- Limited truck parking and rest areas, increasing driver fatigue
- Mix of local traffic and through-truck traffic unfamiliar with local roads
The Devastating Reality of Hemphill Trucking Accidents
Every year, thousands of 18-wheeler accidents occur on Hemphill’s highways. The physics are brutal:
- A fully loaded 18-wheeler weighs 20-25 times more than your passenger vehicle
- At 65 mph, an 80,000-pound truck needs nearly 525 feet to stop – nearly two football fields
- The average passenger vehicle weighs just 3,500-4,000 pounds
- This massive size and weight disparity means trucking accidents often result in catastrophic injuries
Common injuries we see in Hemphill trucking accident cases include:
- Traumatic brain injuries (TBI) from violent impacts
- Spinal cord injuries leading to paralysis
- Amputations from crushing forces
- Severe burns from fuel tank ruptures
- Internal organ damage from blunt force trauma
- Wrongful death of loved ones
Why You Need a Hemphill Trucking Accident Attorney Immediately
Evidence in Hemphill 18-wheeler accident cases disappears FAST. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. Critical evidence that can be lost includes:
- Black box data (can be overwritten in 30 days)
- ELD logs (may be retained only 6 months)
- Dashcam footage (often deleted within 7-14 days)
- Surveillance video (business cameras typically overwrite in 7-30 days)
- Witness memories (fade significantly within weeks)
- Physical evidence (vehicle may be repaired, sold, or scrapped)
At Attorney911, we act immediately to preserve this evidence. Within 24-48 hours of being retained, we send formal spoliation letters to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
The 48-Hour Evidence Preservation Protocol
Our Hemphill trucking accident team follows a strict 48-hour evidence preservation protocol:
-
Immediate Spoliation Letters
- Sent to all potentially liable parties
- Demands preservation of ECM/black box data
- Demands preservation of ELD records
- Demands preservation of maintenance records
- Demands preservation of driver qualification files
-
Electronic Data Preservation
- Engine Control Module (ECM) data showing speed, braking, throttle position
- Event Data Recorder (EDR) data from the moments before impact
- Electronic Logging Device (ELD) records proving hours of service compliance
- GPS and telematics data showing route and speed history
- Dashcam and forward-facing camera footage
-
Physical Evidence Collection
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
-
Documentary Evidence Preservation
- Driver Qualification File
- Maintenance and repair records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Cell phone records
Common Causes of Hemphill 18-Wheeler Accidents
Our experience with Hemphill trucking accidents has revealed several recurring causes:
1. Driver Fatigue and Hours of Service Violations
Truck drivers in East Texas often face pressure to meet tight delivery deadlines. The long stretches of US-96 between Hemphill and Jasper or between Hemphill and San Augustine create opportunities for drivers to push beyond federal limits. FMCSA hours of service regulations limit drivers to:
- Maximum 11 hours driving after 10 consecutive hours off duty
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 cumulative hours of driving
- 60/70 hour weekly limits
Violations of these regulations are among the most common causes of trucking accidents in Sabine County. We’ve seen cases where drivers falsified their logs or where trucking companies pressured drivers to exceed these limits to meet delivery schedules.
2. Improper Cargo Securement
The timber and agricultural industries in Sabine County create unique cargo securement challenges. Improperly secured loads can shift during transit, causing:
- Rollover accidents when center of gravity changes suddenly
- Lost loads creating road hazards for other vehicles
- Cargo spills that cause secondary accidents
FMCSA regulations (49 CFR § 393.100-136) specify exact requirements for cargo securement, including:
- Working load limits for tiedowns
- Minimum number of tiedowns based on cargo length and weight
- Specific requirements for different cargo types (logs, machinery, etc.)
3. Brake Failures
Brake problems are a factor in approximately 29% of large truck crashes. In Hemphill’s hilly terrain, properly maintained brakes are essential. Common brake issues include:
- Worn brake pads or shoes not replaced
- Improper brake adjustments (too loose)
- Air brake system leaks or failures
- Overheated brakes on long descents
- Contaminated brake fluid
4. Tire Blowouts
East Texas heat and long highway stretches create ideal conditions for tire blowouts. Common causes include:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Manufacturing defects
5. Distracted Driving
Despite federal regulations prohibiting hand-held mobile phone use (49 CFR § 392.82), we continue to see distracted driving as a major cause of Hemphill trucking accidents. Distractions include:
- Cell phone use (texting, talking, GPS)
- In-cab electronics (dispatch communications, CB radios)
- Eating and drinking while driving
- External distractions (looking at accidents, scenery)
6. Blind Spot Accidents (No-Zone)
The “No-Zone” refers to the four major blind spots around 18-wheelers:
- 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 – much larger than left side
Many Hemphill trucking accidents occur when drivers change lanes without seeing vehicles in these blind spots.
7. Wide Turn Accidents (“Squeeze Play”)
Hemphill’s small-town intersections create challenges for truck drivers making wide turns. When an 18-wheeler swings wide to make a right turn, it creates a gap that other vehicles may enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.
8. 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 deadly trucking accidents:
- Rear Underride: Vehicle strikes back of trailer
- Side Underride: Vehicle impacts side of trailer
Federal regulations require rear impact guards on trailers, but there is currently no federal requirement for side underride guards.
Who Can Be Held Liable in Your Hemphill Trucking Accident?
Multiple parties may be liable in Hemphill 18-wheeler accidents:
-
The Truck Driver
- Speeding or reckless driving
- Distracted driving
- Fatigued driving
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
-
The Trucking Company / Motor Carrier
- Vicarious liability for driver’s negligence
- 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 Owner / Shipper
- Provided improper loading instructions
- Failed to disclose hazardous nature of cargo
- Required overweight loading
- Pressured carrier to expedite beyond safe limits
-
Cargo Loading Company
- Improper cargo securement
- Unbalanced load distribution
- Exceeding vehicle weight ratings
-
Truck and Trailer Manufacturer
- Design defects
- Manufacturing defects
- Failure to warn of known dangers
-
Parts Manufacturer
- Defective brakes or brake components
- Defective tires
- Defective steering mechanisms
- Defective lighting components
-
Maintenance Company
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or wrong parts
-
Freight Broker
- Negligent selection of carrier with poor safety record
- Failure to verify carrier insurance and authority
-
Truck Owner (if different from carrier)
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
-
Government Entity
- Dangerous road design
- Failure to maintain roads
- Inadequate signage
The Catastrophic Injuries We See in Hemphill Trucking Cases
The massive size and weight of 18-wheelers mean that trucking accidents often result in catastrophic injuries:
Traumatic Brain Injury (TBI)
TBI occurs when a sudden trauma causes damage to the brain. In Hemphill trucking accidents, the extreme forces cause the brain to impact the inside of the skull. TBI severity ranges from:
- Mild (Concussion): Confusion, headache, brief loss of consciousness
- Moderate: Extended unconsciousness, memory problems, cognitive deficits
- Severe: Extended coma, permanent cognitive impairment
Lifetime care costs for TBI can range from $85,000 to $3,000,000+ depending on severity.
Spinal Cord Injury
Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis:
- Paraplegia: Loss of function below the waist
- Quadriplegia: Loss of function in all four limbs
- Incomplete Injury: Some nerve function remains
- Complete Injury: No nerve function below injury
Lifetime care costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
Amputation
Amputations occur when limbs are severed at the scene or when limbs are so severely damaged they must be surgically removed. Ongoing medical needs include:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Psychological counseling
Severe Burns
Burns occur from fuel tank ruptures, hazmat cargo spills, electrical fires, and friction burns. Burn classification:
- First Degree: Epidermis only (minor, heals without scarring)
- Second Degree: Epidermis and dermis (may scar, may need grafting)
- Third Degree: Full thickness (requires skin grafts, permanent scarring)
- Fourth Degree: Through skin to muscle/bone (multiple surgeries, amputation may be required)
Internal Organ Damage
Common internal injuries include:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Wrongful Death
When a trucking accident kills a loved one, surviving family members can bring wrongful death claims. Available damages include:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional distress
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Pain and suffering experienced by decedent before death
- Punitive damages (in cases of gross negligence)
The Unique Challenges of Hemphill Trucking Cases
Rural Emergency Response
Hemphill’s rural location means that emergency response times can be longer than in urban areas. This can affect:
- Timeliness of medical treatment
- Preservation of accident scene evidence
- Availability of witnesses
- Documentation of road conditions
Limited Medical Facilities
While Hemphill has quality medical facilities, severe trauma cases often require transport to larger hospitals in:
- Jasper (CHRISTUS Jasper Memorial Hospital)
- Lufkin (CHRISTUS St. Luke’s Health-Memorial Lufkin)
- Beaumont (CHRISTUS Southeast Texas Health System)
This creates challenges for:
- Immediate treatment of catastrophic injuries
- Coordination of care across multiple facilities
- Documentation of injuries for legal cases
Trucking Industry Presence
The oil and gas industry in East Texas means a significant trucking presence in Sabine County. This creates:
- Higher volume of truck traffic on local roads
- Mix of local and through-truck traffic
- Pressure on drivers to meet tight schedules
- Increased risk of fatigue-related accidents
Weather Conditions
East Texas weather creates unique trucking hazards:
- Heavy thunderstorms reducing visibility
- Wet roads increasing stopping distances
- High winds affecting high-profile trailers
- Occasional ice during winter months
How We Build Your Hemphill Trucking Accident Case
Phase 1: Immediate Response (0-72 Hours)
- Accept your case and send preservation letters same day
- Deploy accident reconstruction expert to scene if needed
- Obtain police crash report
- Photograph your injuries with medical documentation
- Photograph all vehicles before they are repaired or scrapped
- Identify all potentially liable parties
Phase 2: Evidence Gathering (Days 1-30)
- Subpoena ELD/black box data downloads
- Request driver’s paper log books (backup documentation)
- Obtain complete Driver Qualification File from carrier
- Request all truck maintenance and inspection records
- Obtain carrier’s CSA safety scores and inspection history
- Order driver’s complete Motor Vehicle Record (MVR)
- Subpoena driver’s cell phone records
- Obtain dispatch records and delivery schedules
Phase 3: Expert Analysis
- Accident reconstruction specialist creates crash analysis
- Medical experts establish causation and future care needs
- Vocational experts calculate lost earning capacity
- Economic experts determine present value of all damages
- Life care planners develop comprehensive care plans
- FMCSA regulation experts identify all violations
Phase 4: Litigation Strategy
- File lawsuit before statute of limitations expires (2 years in Texas)
- Pursue aggressive discovery against all potentially liable parties
- Depose truck driver, dispatcher, safety manager, maintenance personnel
- Build case for trial while negotiating settlement from position of strength
- Prepare every case as if going to trial (creates leverage in negotiations)
The Insurance Battle: What You’re Really Up Against
Trucking companies and their insurers have teams of lawyers working to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these companies operate. Common tactics include:
-
Quick Lowball Settlement Offers
- Designed to pay you far less than your case is worth
- Often made before you understand the full extent of your injuries
-
Denying or Minimizing Injuries
- Claiming your injuries existed before the accident
- Arguing your injuries aren’t as severe as you claim
-
Blaming the Victim (Comparative Fault)
- Claiming you were partially or completely at fault
- Using this to reduce or eliminate your compensation
-
Delaying the Claims Process
- Hoping you’ll give up or accept a low offer
- Counting on financial pressure to force you to settle
-
Using Recorded Statements Against You
- Getting you to say things that hurt your case
- Taking your words out of context
-
Pre-Existing Condition Defense
- Claiming your injuries were pre-existing
- Using the “Eggshell Skull” doctrine against you
-
Gap in Treatment Attacks
- Claiming you weren’t really injured because you didn’t seek treatment immediately
- Using gaps in treatment to argue your injuries aren’t serious
-
Sending Surveillance Investigators
- Following you to catch you doing activities that contradict your injury claims
- Using this to argue you’re exaggerating your injuries
-
Hiring “Independent” Medical Examiners
- Sending you to doctors who work for the insurance company
- Using these reports to dispute your treating physicians
-
Drowning You in Paperwork
- Overwhelming you with requests and forms
- Hoping you’ll make mistakes or give up
Why Choose Attorney911 for Your Hemphill Trucking Case
1. Local Knowledge Meets National Experience
We know Hemphill’s trucking corridors, from US-96 to the rural roads serving Sabine County’s timber and agricultural industries. Our team understands:
- The unique challenges of East Texas trucking
- Local court procedures and judges
- The types of trucking companies operating in the area
- Common accident patterns on Sabine County roads
2. Former Insurance Defense Attorney on Staff
Our associate attorney Lupe Peña spent years working for a national insurance defense firm. He knows:
- How insurance companies evaluate claims
- The tactics adjusters use to minimize payouts
- What makes them settle for maximum amounts
- How to counter their strategies
3. Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas. This is critical for:
- Interstate trucking cases
- Complex multi-party litigation
- Cases involving federal regulations
- High-value cases that may exceed state court limits
4. Multi-Million Dollar Results
We’ve secured multi-million dollar settlements and verdicts for trucking accident victims, including:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- Millions recovered for families in trucking-related wrongful death cases
5. Spanish Language Services
Sabine County has a significant Hispanic population, and many truck drivers and accident victims speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.
Hablamos Español. Llame al 1-888-ATTY-911.
6. Proven Track Record of Client Satisfaction
We have 251+ Google reviews with a 4.9-star average. Our clients say:
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
7. Comprehensive Resources
We have the resources to handle complex trucking cases:
- Accident reconstruction experts
- Medical specialists for all injury types
- Vocational rehabilitation experts
- Economic damage experts
- Life care planners
- FMCSA regulation specialists
What Your Hemphill Trucking Accident Case Might Be Worth
Case values depend on many factors, including:
- Severity of your 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 limits than typical auto policies:
- $750,000 minimum for non-hazardous freight
- $1,000,000 for oil, large equipment
- $5,000,000 for hazardous materials
This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Typical Settlement Ranges in Texas Trucking Cases
| Injury Type | Settlement Range |
|---|---|
| Soft Tissue Injuries | $15,000 – $60,000 |
| Herniated Disc (Non-Surgical) | $50,000 – $200,000 |
| Herniated Disc (With Surgery) | $346,000 – $1,205,000 |
| Traumatic Brain Injury (Mod-Severe) | $1,548,000 – $9,838,000+ |
| Spinal Cord Injury | $4,770,000 – $25,880,000+ |
| Amputation | $1,945,000 – $8,630,000 |
| Wrongful Death | $1,910,000 – $9,520,000 |
The Hemphill Trucking Accident Claim Process
Step 1: Free Consultation
We offer free, confidential consultations to evaluate your case. During this consultation, we’ll:
- Review the facts of your accident
- Explain your legal rights
- Discuss potential case strategies
- Answer all your questions
Step 2: Case Acceptance
If we believe we can help you, we’ll accept your case on a contingency fee basis. This means:
- You pay nothing upfront
- 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
Step 3: Investigation
We immediately begin investigating your case:
- Send spoliation letters to preserve evidence
- Obtain police crash report
- Interview witnesses
- Photograph accident scene and vehicles
- Obtain black box and ELD data
- Review medical records
- Identify all potentially liable parties
Step 4: Medical Care Facilitation
We help connect you with appropriate medical care, even if you don’t have health insurance. We work with:
- Local Hemphill medical providers
- Specialists in Jasper, Lufkin, and Beaumont
- Rehabilitation facilities
- Pain management specialists
Step 5: Demand Letter
Once your treatment is complete or we understand the full extent of your injuries, we send a comprehensive demand letter to the insurance company. This letter includes:
- Detailed account of the accident
- Analysis of liability
- Complete documentation of your injuries
- Calculation of all damages
- Demand for settlement
Step 6: Negotiation
We negotiate aggressively with the insurance company. Our goal is to secure a fair settlement without the need for litigation. However, we prepare every case as if it’s going to trial, which gives us leverage in negotiations.
Step 7: Litigation (if needed)
If the insurance company refuses to offer a fair settlement, we file a lawsuit. The litigation process includes:
- Filing the complaint
- Conducting discovery (interrogatories, document requests, depositions)
- Retaining expert witnesses
- Filing motions
- Preparing for trial
Step 8: Trial or Settlement
Most cases settle before trial, but we’re fully prepared to take your case to court if necessary. If we go to trial, we present your case to a jury and fight for maximum compensation.
Common Questions About Hemphill Trucking Accidents
What should I do immediately after an 18-wheeler accident in Hemphill?
If you’ve been in a trucking accident in Hemphill, take these steps immediately if you’re able:
- Call 911 and report the accident
- Seek medical attention, even if injuries seem minor
- Document the scene with photos and video if possible
- Get the trucking company name, DOT number, and driver information
- Collect witness contact information
- Do NOT give recorded statements to any insurance company
- Call an 18-wheeler accident attorney immediately
Should I go to the hospital after a truck accident even if I feel okay?
YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Hemphill’s medical facilities and nearby hospitals in Jasper and Lufkin can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney in Hemphill?
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 Hemphill?
Multiple parties may be liable in trucking accidents:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:
- Negligent hiring (hiring unqualified drivers)
- Negligent training (inadequate safety training)
- Negligent supervision (failing to monitor driver behavior)
- Negligent maintenance (poor vehicle upkeep)
What if the truck driver says the accident was my fault?
Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.
What is an owner-operator and does that affect my case?
An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.
How do I find out if the trucking company has a bad safety record?
FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:
- CSA (Compliance, Safety, Accountability) scores
- Inspection history and out-of-service rates
- Crash history
- Safety rating
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes. This data can show:
- Speed before and during the crash
- Brake application timing
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
What injuries are common in 18-wheeler accidents in Hemphill?
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 Hemphill?
Case values depend on many factors:
- Severity of injuries
- Medical expenses (past and future)
- Lost income and earning capacity
- Pain and suffering
- Degree of defendant’s negligence
- Insurance coverage available
Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.
What if my loved one was killed in a trucking accident in Hemphill?
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 Hemphill?
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.
Don’t Let the Trucking Company Win
If you or a loved one has been injured in an 18-wheeler accident in Hemphill, Texas, you need an attorney who will fight for your rights. The trucking company has lawyers working to protect them – you deserve the same level of representation.
At Attorney911, we offer:
- Free, confidential consultations
- No upfront costs – you pay nothing unless we win
- 24/7 availability for legal emergencies
- Local Hemphill knowledge with national experience
- Former insurance defense attorney on staff
- Multi-million dollar results for trucking accident victims
Call us now at 1-888-ATTY-911 for your free case evaluation. We answer calls 24 hours a day, 7 days a week.
Hablamos Español. Llame al 1-888-ATTY-911.
The Time to Act Is Now
Every hour you wait, evidence in your Hemphill trucking accident case is disappearing. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company’s rapid-response team is already working to protect their interests.
Don’t let them win. Call Attorney911 now at 1-888-ATTY-911. We’ll send a preservation letter today to protect your evidence and begin building your case immediately.
Your family’s future depends on what you do next. Let us fight for what you deserve.