18-Wheeler Accidents in Everman, Texas: Your Guide to Justice and Maximum Compensation
Every year, thousands of families in North Texas 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 Everman, you need to understand your rights and the unique challenges of these complex cases. At Attorney911, we’ve been fighting for truck accident victims across Tarrant County for over 25 years, and we’re here to help Everman families navigate this difficult time.
Why Everman Trucking Accidents Are Different
Everman sits at the crossroads of some of Texas’s busiest trucking corridors. Our position near I-20, I-30, and I-820 means we see more than our share of commercial vehicle traffic – and more than our share of trucking accidents. The trucks passing through Everman aren’t just local deliveries; they’re long-haul trucks carrying goods across the country, often driven by fatigued drivers under pressure to meet tight deadlines.
What makes Everman trucking accidents particularly dangerous?
- High-speed collisions: Many accidents occur on I-20 where trucks travel at 70+ mph
- Fatigued drivers: Long-haul trucks passing through Everman often violate hours-of-service regulations
- Local distribution traffic: Warehouses and distribution centers in nearby Fort Worth create heavy truck traffic
- Weigh station proximity: The I-20 weigh station near Everman means trucks may be overloaded or improperly secured
- Urban/rural mix: The transition from urban to rural roads creates unique hazards
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 simply don’t favor the smaller vehicle:
- A fully loaded 18-wheeler is 20-25 times heavier than your car
- At 65 mph, a truck needs nearly two football fields (525 feet) to stop
- The force of impact can be 80 times greater than a car-to-car collision
These aren’t just statistics – they’re the reasons why trucking accidents in Everman so often result in:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Wrongful death
Common Causes of Trucking Accidents in Everman
Our experience handling Everman trucking cases has revealed several recurring causes:
1. Driver Fatigue and Hours of Service Violations
Truck drivers passing through Everman are often on tight schedules, leading to dangerous fatigue. Federal regulations limit drivers to:
- 11 hours of driving after 10 consecutive hours off duty
- No driving beyond the 14th consecutive hour on duty
- 30-minute break after 8 cumulative hours of driving
- 60/70-hour weekly limits
Yet we routinely find violations in Everman accident cases. The electronic logging device (ELD) mandate has helped, but drivers and companies still find ways to cheat the system.
2. Distracted Driving
Cell phone use, GPS devices, dispatch communications, and even eating while driving take drivers’ attention from the road. In Everman, we see many accidents where truck drivers were distracted by:
- Texting or using smartphones
- Adjusting GPS or navigation systems
- Eating or drinking while driving
- Dispatch communications through onboard systems
3. Improper Maintenance and Brake Failures
Everman’s proximity to weigh stations means many trucks are operating with deferred maintenance. Common issues we find:
- Worn brake pads not replaced
- Improper brake adjustments
- Air brake system leaks
- Tire blowouts from improper inflation or worn tread
- Defective lighting and reflectors
4. Cargo Securement Failures
Improperly secured cargo causes rollovers, jackknifes, and spills. In Everman, we frequently see:
- Inadequate tiedowns for the cargo weight
- Unbalanced load distribution
- Failure to use blocking, bracing, or friction mats
- Overloaded trucks exceeding weight limits
5. Speeding and Reckless Driving
The pressure to meet delivery deadlines leads many Everman truck drivers to speed or drive recklessly. We see:
- Excessive speed for traffic conditions
- Following too closely (tailgating)
- Improper lane changes
- Failure to yield right-of-way
- Wide turns that cut off other vehicles
6. Impaired Driving
Despite strict regulations, we still encounter cases where Everman truck drivers were impaired by:
- Alcohol
- Illegal drugs
- Prescription medications
- Over-the-counter medications that cause drowsiness
7. Inadequate Training and Experience
Many Everman trucking accidents involve inexperienced drivers who:
- Don’t know how to handle emergency situations
- Are unfamiliar with local road conditions
- Don’t understand cargo securement requirements
- Can’t properly inspect their vehicles
The Everman-Specific Trucking Corridors
Understanding the specific trucking corridors in and around Everman helps us build stronger cases:
I-20 Corridor
The I-20 corridor through Everman is one of the most dangerous stretches of highway in Tarrant County. This east-west route carries heavy truck traffic between Dallas, Fort Worth, and points east. The interchange with I-820 creates significant congestion and accident risks.
I-30 Corridor
While not directly through Everman, I-30’s proximity means many trucks use local roads to access this major east-west route. The I-30 corridor is notorious for high-speed trucking accidents.
I-820 Loop
The I-820 loop around Fort Worth carries significant truck traffic, particularly near the I-20 interchange. This area sees many accidents involving trucks making wide turns or changing lanes.
Highway 360
This north-south route connects to major distribution centers and sees heavy truck traffic, particularly during peak hours.
Local Roads and Distribution Centers
Everman’s proximity to Fort Worth’s distribution hubs means heavy truck traffic on local roads like:
- Everman Parkway
- Pipeline Road
- Mansfield Highway
- Miller Avenue
These local roads weren’t designed for heavy truck traffic, creating unique hazards for Everman residents.
Who’s Really Responsible for Your Everman Trucking Accident?
One of the most important aspects of trucking accident cases is that MULTIPLE parties may be responsible for your injuries. Unlike car accidents where typically only one driver is at fault, trucking accidents often involve a web of companies and individuals who all contributed to the dangerous conditions.
The Truck Driver
The driver may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone use, texting)
- Fatigued driving (violating hours of service)
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Improper cargo securement
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:
- The driver was an employee (not independent contractor)
- The driver was acting within the scope of employment
- The accident occurred while performing job duties
Direct Negligence:
- Negligent Hiring: Failed to properly check the driver’s background, driving record, or qualifications
- Negligent Training: Inadequate safety training or no training on cargo securement, hours of service, etc.
- Negligent Supervision: Failed to monitor driver performance, ELD compliance, or safety violations
- Negligent Maintenance: Failed to maintain vehicles in safe condition
- Negligent Scheduling: Pressured drivers to violate hours of service regulations
The Cargo Owner/Shipper
The company that owns the cargo and arranged for its shipment may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous nature of cargo
- Requiring overweight loading
- Pressuring the carrier to expedite beyond safe limits
- Misrepresenting cargo weight or characteristics
The Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for:
- Improper cargo securement (49 CFR 393 violations)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, or tiedowns
- Not training loaders on securement requirements
Truck and Trailer Manufacturers
The companies that manufactured the truck, trailer, or major components may be liable for:
- Design defects (brake systems, stability control, fuel tank placement)
- Manufacturing defects (faulty welds, component failures)
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
Parts Manufacturers
Companies that manufacture specific parts (brakes, tires, steering components) may be liable for:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
Maintenance Companies
Third-party maintenance companies that service trucking fleets 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
- Returning vehicles to service with known defects
Freight Brokers
Freight brokers who arrange transportation but don’t own trucks 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
- Selecting the cheapest carrier despite safety concerns
The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability for:
- Negligent entrustment of the vehicle
- Failure to maintain owned equipment
- Knowledge of the driver’s unfitness
Government Entities
Federal, state, or local government may be liable in limited circumstances for:
- Dangerous road design that contributed to the accident
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
The Critical 48-Hour Evidence Preservation Protocol
In Everman trucking accident cases, evidence disappears FAST. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
Why 48 Hours Matters
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
- The sooner sent, the more weight it carries
When We Send It:
IMMEDIATELY – within 24-48 hours of being retained. We don’t wait.
What the Spoliation Letter Demands
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Previous employer verification
- Medical certification and exam records
- Drug and alcohol test results (pre-employment and random)
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
- Previous accident/violation history
- CSA (Compliance, Safety, Accountability) scores
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data Explained
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.
Types of Electronic Recording:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
Why This Data Wins Cases:
ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.
FMCSA Regulations: The Trucking Industry’s Rulebook
The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.
Why FMCSA Regulations Matter for Your Everman Case:
Every 18-wheeler on American highways must comply with these federal regulations. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.
The 6 Critical Parts of FMCSA Regulations
| Part | Title | What It Covers |
|---|---|---|
| Part 390 | General Applicability | Definitions, who regulations apply to |
| Part 391 | Driver Qualification | Who can drive, medical requirements, training |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol |
| Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights |
| Part 395 | Hours of Service | How long drivers can drive, required rest |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records |
Key FMCSA Regulations That Win Cases
49 CFR Part 391 – Driver Qualification Standards
Minimum Driver Qualifications (§ 391.11):
A person shall not drive a commercial motor vehicle unless they:
- Are at least 21 years old (interstate) or 18 years old (intrastate)
- Can read and speak English sufficiently
- Can safely operate the CMV and cargo type
- Are physically qualified under § 391.41
- Have a valid commercial motor vehicle operator’s license (CDL)
- Have completed a driver’s road test or equivalent
- Are not disqualified under § 391.15 (violations, suspensions)
- Have completed required entry-level driver training
Driver Qualification File Requirements (§ 391.51):
Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:
- Employment Application
- Motor Vehicle Record from state licensing authority
- Road Test Certificate or equivalent documentation
- Medical Examiner’s Certificate (current, valid – max 2 years)
- Annual Driving Record Review (must be conducted and documented)
- Previous Employer Inquiries (3-year driving history investigation)
- Drug & Alcohol Test Records
Why This Matters for Your Everman Case:
If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.
Physical Qualification Requirements (§ 391.41):
Drivers must be medically qualified to operate CMVs. Key requirements include:
- No loss of foot, leg, hand, or arm (without exemption)
- No established medical history of epilepsy or seizures
- No mental, nervous, or psychiatric disorder likely to interfere with safe driving
- No current clinical diagnosis of alcoholism
- No use of Schedule I controlled substances
- No use of non-Schedule I substances that impair driving ability
- Vision of at least 20/40 in each eye (with or without correction)
- Hearing adequate to perceive forced whisper at 5 feet
49 CFR Part 392 – Driving of Commercial Motor Vehicles
Ill or Fatigued Operators (§ 392.3):
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
Why This Matters: This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.
Drugs and Other Substances (§ 392.4):
A driver shall not be on duty or operate a CMV while:
- Under the influence of any Schedule I substance
- Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
- Possessing a Schedule I substance (unless prescription)
Alcohol (§ 392.5):
A driver shall not:
- Use alcohol within 4 hours before going on duty or operating a CMV
- Use alcohol while on duty or operating a CMV
- Be under the influence of alcohol (.04 BAC or higher) while on duty
- Possess any alcohol while on duty (with limited exceptions)
Speeding (§ 392.6):
“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”
Following Too Closely (§ 392.11):
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”
Mobile Phone Use (§ 392.82):
Drivers are PROHIBITED from:
- Using a hand-held mobile telephone while driving
- Reaching for mobile phone in manner requiring leaving seated position
- Texting while driving (§ 392.80)
49 CFR Part 393 – Parts and Accessories for Safe Operation
Cargo Securement (§ 393.100-136):
General Requirements (§ 393.100):
Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling from the vehicle
- Shifting that affects vehicle stability or maneuverability
- Blocking the driver’s view or interfering with operation
Performance Criteria (§ 393.102):
Cargo securement systems must withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
Tiedown Requirements:
- Aggregate working load limit must be at least 50% of cargo weight for loose cargo
- At least one tiedown for cargo 5 feet or less in length
- At least two tiedowns for cargo over 5 feet or under 1,100 lbs
- Additional tiedowns for every 10 feet of cargo length
Brakes (§ 393.40-55):
All CMVs must have properly functioning brake systems:
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems must meet specific requirements
- Brake adjustment must be maintained within specifications
Lighting (§ 393.11-26):
Required lighting includes:
- Headlamps, tail lamps, stop lamps
- Clearance and side marker lamps
- Reflectors and retroreflective sheeting
- Turn signal lamps
Why This Matters: Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.
49 CFR Part 395 – Hours of Service (HOS) Regulations
Purpose: Prevents driver fatigue by limiting driving time and requiring rest.
THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.
Property-Carrying Drivers (Most 18-Wheelers):
| Rule | Requirement | Violation Consequence |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Fatigue-related accidents |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Driver exhaustion |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | Impaired alertness |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Cumulative fatigue |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate recovery |
| 10-Hour Off-Duty | Must have minimum 10 consecutive hours off duty before driving | Insufficient rest |
Sleeper Berth Provision (§ 395.1(g)):
Drivers using sleeper berth may split 10-hour off-duty period:
- At least 7 consecutive hours in sleeper berth
- Plus at least 2 consecutive hours off-duty (in berth or otherwise)
- Neither period counts against 14-hour window
Electronic Logging Device (ELD) Mandate (§ 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:
- Automatically record driving time
- Synchronize with vehicle engine to record objective data
- Cannot be altered after the fact (unlike paper logs)
- Record GPS location, speed, engine hours
Why ELD Data Is Critical Evidence:
ELDs prove:
- Exactly how long the driver was on duty
- Whether breaks were taken as required
- Speed before and during the accident
- GPS location history
- Any HOS violations
WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.
49 CFR Part 396 – Inspection, Repair, and Maintenance
General Maintenance Requirement (§ 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
Driver Inspection Requirements:
Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.
Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare written report on vehicle condition covering at minimum:
- Service brakes
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
Annual Inspection (§ 396.17):
Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.
Maintenance Record Retention (§ 396.3):
Motor carriers must maintain records for each vehicle showing:
- Identification (make, serial number, year, tire size)
- Schedule for inspection, repair, and maintenance
- Record of repairs and maintenance
- Records must be retained for 1 year
Why This Matters: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.
The Most Common FMCSA Violations in Everman Trucking Accidents
Our experience handling Everman trucking cases has revealed these are the most common violations we find:
- Hours of Service Violations – Driving beyond 11-hour limit, no breaks
- False Log Entries – Falsifying ELD or paper log records
- Failure to Maintain Brakes – Worn brakes, improper adjustment
- Cargo Securement Failures – Inadequate tiedowns, shifting loads
- Unqualified Driver – Operating without valid CDL or medical certificate
- Drug/Alcohol Violations – Operating under influence, failed tests
- Mobile Phone Use – Texting, hand-held phone while driving
- Failure to Inspect – No pre-trip inspection, ignored defects
- Improper Lighting – Non-functioning lights, missing reflectors
- Negligent Hiring – No background check, incomplete DQ file
How We Prove Violations in Everman Cases:
| Evidence Type | What It Shows |
|---|---|
| ELD Data | Hours of service violations, driving time |
| ECM/Black Box | Speed, braking, throttle position |
| Driver Qualification File | Hiring negligence, training gaps |
| Maintenance Records | Deferred repairs, known defects |
| Inspection Reports | Pre-existing violations |
| Drug/Alcohol Tests | Impairment at time of accident |
| Dispatch Records | Pressure to violate HOS |
| Cell Phone Records | Distracted driving evidence |
The Catastrophic Injuries We See in Everman Trucking Accidents
The size and weight disparity between 18-wheelers and passenger vehicles means trucking accidents often result in catastrophic injuries. These aren’t just “bad accidents” – they’re life-altering events that change everything in an instant.
Traumatic Brain Injury (TBI)
What It Is:
TBI occurs when a sudden trauma causes damage to the brain. In Everman trucking accidents, the extreme forces cause the brain to impact the inside of the skull.
Severity Levels:
| Level | Symptoms | Prognosis |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief loss of consciousness | Usually recovers, but may have lasting effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
Common Symptoms:
- Headaches, dizziness, nausea
- Memory loss, confusion
- Difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Long-Term Consequences:
- Permanent cognitive impairment
- Inability to work
- Need for ongoing care and supervision
- Increased risk of dementia and Alzheimer’s
- Depression and emotional disorders
Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity
Spinal Cord Injury
What It Is:
Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable – may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Level of Injury Matters:
- Higher injuries (cervical spine) affect more body functions
- C1-C4 injuries may require ventilator for breathing
- Lower injuries (lumbar) affect legs but not arms
Lifetime Care Costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
These figures represent direct medical costs only – not lost wages, pain and suffering, or loss of quality of life.
Amputation
Types of Amputation:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Common in Everman Trucking Accidents Due To:
- Crushing forces from truck impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Ongoing Medical Needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
Impact on Life:
- Permanent disability
- Career limitations or total disability
- Phantom limb pain
- Body image and psychological trauma
- Need for home modifications
- Dependency on others for daily activities
Severe Burns
How Burns Occur in Everman Trucking Accidents:
- Fuel tank rupture and fire
- Hazmat cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burn Classification:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Long-Term Consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage
Common Internal Injuries in Everman Trucking Accidents:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Why Dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Requires emergency surgery
- Organ removal affects long-term health
Wrongful Death
When a Trucking Accident Kills:
Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.
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 Claims:
- Wrongful Death Action: Compensation for survivors’ losses
- Survival Action: Compensation for decedent’s pain/suffering before death
Damages Available:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses before death
- Pain and suffering experienced by decedent before death
- Punitive damages (in cases of gross negligence)
Texas Statute of Limitations: 2 years from date of death to file wrongful death lawsuit
Commercial Truck Insurance: What’s Available for Your Everman Case
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies.
FMCSA Minimum Liability Limits:
| Cargo Type | Minimum Coverage |
|---|---|
| Non-Hazardous Freight (10,001+ lbs GVWR) | $750,000 |
| Oil/Petroleum (10,001+ lbs GVWR) | $1,000,000 |
| Large Equipment (10,001+ lbs GVWR) | $1,000,000 |
| Hazardous Materials (All) | $5,000,000 |
| Passengers (16+ passengers) | $5,000,000 |
| Passengers (15 or fewer) | $1,500,000 |
Why This Matters For Your Everman Case:
Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available – and often much more. Many carriers carry $1-5 million or more in coverage.
This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Types of Damages Recoverable in Everman Trucking Cases
Economic Damages (Calculable Losses)
| Category | What’s Included |
|---|---|
| Medical Expenses | Past, present, and future medical costs |
| Lost Wages | Income lost due to injury and recovery |
| Lost Earning Capacity | Reduction in future earning ability |
| Property Damage | Vehicle repair or replacement |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications |
| Life Care Costs | Ongoing care for catastrophic injuries |
Non-Economic Damages (Quality of Life)
| Category | What’s Included |
|---|---|
| Pain and Suffering | Physical pain from injuries |
| Mental Anguish | Psychological trauma, anxiety, depression |
| Loss of Enjoyment | Inability to participate in activities |
| Disfigurement | Scarring, visible injuries |
| Loss of Consortium | Impact on marriage/family relationships |
| Physical Impairment | Reduced physical capabilities |
Punitive Damages (Punishment for Gross Negligence)
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
Nuclear Verdicts: What Everman Families Need to Know
The trucking industry has seen an explosion of “nuclear verdicts” – jury awards exceeding $10 million. These aren’t just isolated incidents; they represent a fundamental shift in how juries view trucking companies that prioritize profits over safety.
Recent Major Trucking Verdicts (2024-2025):
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $462 Million | 2024 | St. Louis, MO | Wabash National – two fatalities from underride collision |
| $160 Million | 2024 | Alabama | Daimler – quadriplegic injury from rollover |
| $141.5 Million | 2024 | Florida | Defunct carrier crash |
| $90 Million | 2023 | Houston, TX | Truck driver burned in explosion |
| $37.5 Million | 2024 | Texas | Trucking verdict for catastrophic injuries |
| $35.5 Million | 2023 | Texas | Family injured in truck accident |
| $35 Million | 2025 | Fort Worth, TX | Largest verdict in Tarrant County history |
Historic Landmark Verdicts:
| Amount | Year | Case Details |
|---|---|---|
| $1 Billion | 2021 | Florida – 18-year-old killed, negligent hiring. $100M compensatory + $900M punitive |
| $411 Million | 2020 | Florida – 45-vehicle pileup, motorcyclist severely injured |
Why Nuclear Verdicts Happen in Trucking Cases:
Juries award massive verdicts when they find:
- Trucking company knowingly hired dangerous drivers
- Company ignored safety violations for profit
- Evidence was destroyed (spoliation)
- Falsified hours-of-service logs
- Pattern of similar violations
- Corporate culture prioritizing profit over safety
- Egregious disregard for human life
What This Means for Your Everman Case:
These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages – which strengthens settlement negotiations for Everman families.
At Attorney911, we prepare every case as if it’s going to trial, creating leverage that leads to better settlements. Our experience with multi-million dollar verdicts means we know how to build cases that maximize compensation for Everman families.
Why Everman Families Choose Attorney911
When you’re facing the aftermath of a catastrophic trucking accident in Everman, you need more than just a lawyer – you need a team with the experience, resources, and dedication to fight for maximum compensation. Here’s why Everman families trust Attorney911:
1. 25+ Years of Trucking Litigation Experience
Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. With over 25 years of experience handling complex trucking cases, we understand the tactics trucking companies use to avoid responsibility.
2. Insider Knowledge of Insurance Company Tactics
Our team includes a former insurance defense attorney who knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims. This insider knowledge gives us an advantage in building your case and negotiating with insurers.
3. Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas – crucial for handling interstate trucking cases that may be filed in federal court. This federal court access allows us to pursue cases against out-of-state trucking companies that pass through Everman.
4. Multi-Million Dollar Results
We’ve recovered millions for trucking accident victims across Texas, including:
- $5+ Million – Logging brain injury settlement
- $3.8+ Million – Car accident amputation settlement
- $2+ Million – Maritime back injury settlement
- $2.5M – Truck crash recovery
5. Local Knowledge of Everman Trucking Corridors
We know Everman’s highways, distribution centers, and accident patterns. This local knowledge helps us build stronger cases by understanding the specific hazards of our area.
6. Aggressive Evidence Preservation
We send spoliation letters immediately to preserve critical evidence before it’s destroyed. Black box data, ELD records, and maintenance logs are crucial for proving negligence – and they disappear quickly if not preserved.
7. Comprehensive Investigation
Our investigation goes beyond the accident scene:
- Accident reconstruction experts
- FMCSA regulation experts
- Medical experts to document injuries
- Vocational experts to calculate lost earning capacity
- Life care planners for catastrophic injuries
8. Willingness to Go to Trial
While most cases settle, 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.
9. Spanish-Language Services
Many Everman residents speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español.
10. Compassionate, Personalized Service
We treat every client like family. Our Everman clients consistently praise our communication, dedication, and results:
“They treated me like FAMILY, not just another case number”
— MONGO SLADE, Attorney911 Client
“You are NOT just some client… You are FAMILY to them”
— CHAD HARRIS, Attorney911 Client
What to Do After an 18-Wheeler Accident in Everman
If you’ve been involved in a trucking accident in Everman, follow these steps to protect your rights:
1. Call 911 Immediately
Report the accident and request police and medical assistance. Even if injuries seem minor, get checked out at the scene.
2. Seek Medical Attention
Go to the hospital or urgent care immediately. Adrenaline masks pain, and some injuries (like TBI or internal bleeding) may not show symptoms right away.
3. Document the Scene
If you’re able, take photos and videos of:
- All vehicles involved (exterior and interior damage)
- License plates and DOT numbers
- The accident scene (skid marks, road conditions, traffic signals)
- Your injuries
- Any visible cargo or securement issues
4. Collect Information
Get the following from all parties involved:
- Driver’s name, contact information, and CDL number
- Trucking company name and contact information
- Insurance information
- Witness names and contact information
5. Do NOT Give Recorded Statements
Insurance adjusters will call quickly – often while you’re still in the hospital. Do not give any recorded statements without consulting an attorney first. Anything you say can be used against you.
6. Call Attorney911 Immediately
The sooner you call, the sooner we can:
- Send spoliation letters to preserve evidence
- Investigate the accident scene
- Interview witnesses before memories fade
- Begin building your case
The Attorney911 Difference: How We Handle Everman Trucking Cases
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 for catastrophic injuries
- 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)
Common Questions About Everman Trucking Accidents
What should I do immediately after an 18-wheeler accident in Everman?
If you’ve been in a trucking accident in Everman, 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. Everman hospitals and trauma centers 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 Everman?
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 Everman?
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.
What is a spoliation letter and why is it important?
A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.
What is a truck’s “black box” and how does it help my Everman 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 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 for intentional destruction
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 duty
- 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 Everman accidents?
The top violations we find in Everman cases:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
Who can I sue after an 18-wheeler accident in Everman?
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 Everman 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 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.
What injuries are common in 18-wheeler accidents in Everman?
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 Everman?
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 Everman?
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 Everman?
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 in Everman?
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 Everman 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 Attorney911?
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 Everman 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.
Don’t Let the Trucking Company Win – Fight Back with Attorney911
If you or a loved one has been seriously injured in an 18-wheeler accident in Everman, you need an attorney who knows how to fight the trucking companies and their insurance carriers. At Attorney911, we have:
- 25+ years of experience handling complex trucking cases
- Insider knowledge of insurance company tactics
- Federal court experience for interstate cases
- A track record of multi-million dollar results
- Local knowledge of Everman’s trucking corridors
- The resources to preserve critical evidence
- The willingness to take your case to trial if necessary
Don’t wait – evidence disappears quickly in trucking cases. Call Attorney911 now at 1-888-ATTY-911 for a free consultation. We’re available 24/7 to help Everman families get the justice and compensation they deserve.
Hablamos Español. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Llame al 1-888-ATTY-911.
At Attorney911, we treat every client like family. When an 18-wheeler changes your life forever, you need a lawyer who treats you like family – because that’s exactly what we do.