24/7 LIVE STAFF — Compassionate help, any time day or night
CALL NOW 1-888-ATTY-911
Blog | City of Fruitvale

City of Fruitvale 18-Wheeler Accident Lawyers: Attorney911 Delivers 25+ Years of Courtroom-Tested Trucking Litigation, Former Insurance Defense Attorney Insider Advantage, FMCSA 49 CFR Regulation Masters (Hours of Service, Black Box, ELD Data Extraction), Jackknife, Rollover, Underride, Brake Failure & All Crash Types, Traumatic Brain Injury, Spinal Cord Damage, Amputation & Wrongful Death Specialists – $50+ Million Recovered for Texas Families, Federal Court Admitted, Free 24/7 Consultation, No Fee Unless We Win, Hablamos Español, 1-888-ATTY-911 – Trusted Since 1998 with Houston, Austin & Beaumont Offices Serving City of Fruitvale’s Highways and Families

February 15, 2026 54 min read
city-of-fruitvale-featured-image.png

18-Wheeler Accident Lawyers in Fruitvale, Texas | Attorney911

When an 80,000-Pound Truck Changes Your Life Forever

The impact was catastrophic. One moment, you’re driving through Fruitvale, Texas on your way to work or running errands. The next, an 18-wheeler is jackknifing across all three lanes of Highway 64, blocking your path. Or maybe you’re stopped at the red light at the intersection of FM 17 and Main Street when a semi-truck slams into your car at full speed.

80,000 pounds of steel against your sedan. There’s no such thing as a “minor” accident with an 18-wheeler.

If you or a loved one has been seriously injured in a trucking accident in Fruitvale or anywhere in Van Zandt County, you need more than just a lawyer. You need a team that understands the unique dangers of our local trucking corridors – from the oil field traffic on FM 17 to the agricultural haulers navigating Highway 64. You need attorneys who know how to hold trucking companies accountable when they cut corners on safety.

At Attorney911, we’ve been fighting for truck accident victims across Texas for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes. We know Fruitvale’s roads, we know Texas trucking laws, and we know how to make trucking companies pay when their negligence causes catastrophic injuries.

Call us now at 1-888-ATTY-911 for a free consultation. We answer 24/7.

Why Fruitvale Trucking Accidents Are Different

Fruitvale sits at the crossroads of several major trucking routes that serve East Texas. Our location creates unique risks for local drivers:

  • Highway 64 (E Main St): This major east-west corridor connects Tyler to Canton and sees heavy truck traffic from oil field equipment, agricultural haulers, and commercial freight. The stretch through Fruitvale is particularly dangerous with its mix of high-speed through traffic and local vehicles turning onto side streets.

  • FM 17 (N Main St): Running north-south through Fruitvale, this route serves as a critical connection for oil field traffic heading to and from the Eagle Ford Shale region. The trucks hauling drilling equipment and oil field supplies create significant hazards for passenger vehicles.

  • FM 279: This rural route sees agricultural trucks during harvest seasons, creating seasonal spikes in truck traffic that catch many drivers off guard.

  • Local distribution centers: Fruitvale serves as a distribution hub for agricultural products and manufacturing supplies, creating additional truck traffic in our community.

  • Weekend traffic: The proximity to Canton’s First Monday Trade Days (just 15 minutes away) creates weekend traffic patterns that mix local drivers with out-of-town visitors and commercial haulers.

The trucking companies that operate on these routes know the risks. They know that fatigue, speeding, and improper maintenance create deadly conditions. Yet too often, they prioritize profits over safety – pushing drivers to violate hours-of-service regulations, skipping critical maintenance, and hiring unqualified drivers.

When these companies cut corners, Fruitvale families pay the price.

The Devastating Reality of 18-Wheeler Accidents

The physics of trucking accidents make catastrophic injuries the norm, not the exception:

  • A fully loaded 18-wheeler can weigh 20-25 times more than your car
  • At highway speeds, an 80,000-pound truck carries 80 times the kinetic energy of a passenger vehicle
  • While your car can stop in about 300 feet at 65 mph, a fully loaded truck needs 525 feet – nearly two football fields
  • Underride collisions, where your car slides under the trailer, often result in decapitation or catastrophic head injuries

The injuries we see in Fruitvale trucking accidents are life-altering:

  • Traumatic brain injuries that change personalities and end careers
  • Spinal cord damage causing partial or complete paralysis
  • Amputations from crushing injuries or burns
  • Severe burns from fuel fires or hazardous cargo spills
  • Internal organ damage that may not be immediately apparent
  • Wrongful death that leaves families shattered

These aren’t just injuries – they’re life sentences of pain, medical bills, and lost opportunities. And they’re almost always preventable.

How Trucking Companies Cut Corners – And Why It Matters for Your Case

Trucking companies have a legal obligation to follow federal safety regulations designed to protect the public. When they violate these rules, they create the conditions that lead to catastrophic accidents. Here are the most common violations we uncover in Fruitvale trucking accident cases:

1. Hours of Service Violations – The Fatigue Epidemic

Federal regulations limit how long truck drivers can operate to prevent fatigue-related crashes:

  • 11-hour driving limit after 10 consecutive hours off duty
  • 14-hour on-duty window – cannot drive beyond the 14th consecutive hour after coming on duty
  • 30-minute break required after 8 cumulative hours of driving
  • 60/70-hour weekly limits – cannot drive after 60 hours in 7 days or 70 hours in 8 days
  • 34-hour restart required to reset weekly limits

Yet in our experience investigating Fruitvale trucking accidents, fatigue is a factor in approximately 31% of fatal crashes. Drivers are pressured to meet unrealistic delivery schedules, leading to:

  • Falsified log books (even with ELDs, some drivers find ways to cheat)
  • Driving beyond legal limits to meet deadlines
  • Inadequate rest breaks
  • “Double-clutching” – having two drivers alternate to keep the truck moving 24/7

How we prove it:

  • Electronic Logging Device (ELD) data
  • GPS tracking records
  • Fuel receipts and toll records
  • Cell phone records showing activity during supposed rest periods
  • Dispatch communications pressuring drivers to meet schedules

2. Improper Maintenance – When Trucks Become Weapons

Federal regulations require systematic inspection, repair, and maintenance of all commercial motor vehicles. Yet maintenance violations are among the most common we find in Fruitvale trucking cases:

  • Brake failures – responsible for 29% of truck accidents
  • Tire blowouts – 11,000 crashes annually nationwide
  • Lighting failures – making trucks nearly invisible at night
  • Coupling device failures – causing trailers to detach
  • Steering system failures – leading to loss of control

How we prove it:

  • Maintenance records (or lack thereof)
  • Driver Vehicle Inspection Reports (DVIRs)
  • Out-of-service orders from roadside inspections
  • Post-crash vehicle inspections
  • Expert analysis of failed components

3. Negligent Hiring – Putting Dangerous Drivers on the Road

Trucking companies must maintain Driver Qualification Files (DQF) for every driver, containing:

  • Employment application
  • Motor vehicle record (MVR) from state licensing authority
  • Road test certificate or equivalent
  • Medical examiner’s certificate
  • Annual driving record review
  • Previous employer inquiries (3-year driving history)
  • Drug and alcohol test records

When companies fail to properly vet drivers, they put dangerous individuals behind the wheel of 80,000-pound vehicles. Common hiring failures we see in Fruitvale cases:

  • Hiring drivers with suspended or revoked CDLs
  • Ignoring multiple moving violations or previous accidents
  • Failing to verify previous employment
  • Hiring drivers with medical conditions that should disqualify them
  • Failing to conduct proper drug testing

How we prove it:

  • Subpoenaing Driver Qualification Files
  • Obtaining complete driving records
  • Interviewing previous employers
  • Analyzing drug test results

4. Cargo Securement Failures – When Loads Become Projectiles

Improperly secured cargo causes accidents in two ways:

  1. Cargo shift – destabilizing the truck and causing rollovers
  2. Cargo spill – creating road hazards that other vehicles strike

Federal regulations require cargo to be secured to withstand:

  • 0.8g deceleration (sudden stop)
  • 0.5g acceleration (starting from stop)
  • 0.5g lateral forces (turning)
  • At least 20% of cargo weight downward if not fully contained

How we prove it:

  • Cargo securement inspection records
  • Loading company procedures
  • Bill of lading and cargo manifest
  • Post-crash scene photos showing cargo position
  • Expert reconstruction of load shift dynamics

5. Distracted and Impaired Driving

Despite federal prohibitions, we still see:

  • Cell phone use – texting or talking while driving
  • Dispatch communications – using Qualcomm or other messaging systems
  • Drug use – both illegal substances and prescription medications
  • Alcohol use – despite strict 0.04% BAC limits

How we prove it:

  • Cell phone records
  • Dispatch system logs
  • Drug and alcohol test results
  • Witness statements
  • Dashcam footage

The Trucking Company’s Playbook – And How We Counter It

Within hours of your accident, the trucking company’s rapid-response team springs into action. Their goal? To protect their interests, not yours. Here’s what they do – and how we counter it:

Their Move: Send a Claims Adjuster to the Scene

Their Goal: Get a recorded statement from you while you’re still in shock, looking for anything they can use to minimize your claim.

Our Counter:

  • We advise our clients NEVER to give recorded statements to insurance adjusters
  • Anything you say can and will be used against you
  • We handle all communications with the trucking company and their insurers

Their Move: Download the Black Box Data – Then “Lose” It

Their Goal: ECM/Black box data can be overwritten in as little as 30 days. If they can delay you hiring an attorney, the evidence disappears.

Our Counter:

  • We send spoliation letters within 24-48 hours of being retained
  • This puts them on legal notice that destroying evidence will have serious consequences
  • Courts can impose sanctions, adverse inferences, or even default judgment

Their Move: Blame the Victim

Their Goal: Texas uses modified comparative negligence – if they can show you were 51% or more at fault, you recover nothing.

Our Counter:

  • We conduct thorough investigations to prove the truck driver’s fault
  • We use accident reconstruction experts when needed
  • We counter their claims with evidence from the scene, witnesses, and electronic data

Their Move: Lowball Settlement Offers

Their Goal: Pay you as little as possible before you understand the full extent of your injuries.

Our Counter:

  • We never accept early settlement offers
  • We wait until you’ve reached maximum medical improvement
  • We calculate the full value of your case, including future medical needs

Their Move: Delay, Delay, Delay

Their Goal: Wear you down until you accept a low settlement.

Our Counter:

  • We keep the pressure on with aggressive litigation
  • We file lawsuits when necessary to force resolution
  • We’re prepared to take your case to trial if needed

Why Attorney911 Is the Right Choice for Your Fruitvale Trucking Case

When you’re up against trucking companies with teams of lawyers and millions in insurance coverage, you need more than just a local attorney. You need a firm with:

1. Deep Experience Fighting Trucking Companies

Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. We’ve gone up against:

  • Walmart trucking operations
  • Coca-Cola distribution vehicles
  • Amazon delivery trucks
  • FedEx trucks
  • UPS trucks
  • Major oil field service companies
  • Regional and national carriers

We know how these companies operate, we know their tactics, and we know how to beat them.

2. Insider Knowledge of Insurance Company Tactics

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm before joining Attorney911. He knows exactly how insurance companies:

  • Train their adjusters to minimize claims
  • Use recorded statements against victims
  • Apply their claims valuation software (Colossus, etc.)
  • Decide when to settle and when to fight

This insider knowledge gives us an unfair advantage in negotiations.

3. Federal Court Experience

Many trucking cases involve interstate commerce and can be filed in federal court. Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas, giving us the ability to handle complex federal cases.

4. Multi-Million Dollar Results

We’ve recovered $50+ million for our clients across all practice areas. Some of our trucking-related results include:

  • $5+ Million – Logging brain injury settlement
  • $3.8+ Million – Car accident amputation settlement (staph infection during treatment)
  • $2.5+ Million – Truck crash recovery
  • $2+ Million – Maritime back injury settlement
  • Millions recovered for families in trucking-related wrongful death cases

5. Local Knowledge of Fruitvale and Van Zandt County

We understand the unique challenges of trucking cases in our community:

  • The specific dangers of Highway 64 and FM 17
  • The seasonal variations in truck traffic
  • The local courts and judges
  • The medical facilities where our clients receive treatment
  • The economic realities of our community

6. Bilingual Services

Many truck drivers and accident victims in Fruitvale speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish, and we have bilingual staff to serve our Spanish-speaking clients without interpreters.

Hablamos Español. Llame al 1-888-ATTY-911.

7. Contingency Fee Representation

We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. When we win, our fee comes from the recovery, not your pocket.

The Evidence That Wins Trucking Cases

In trucking accident cases, evidence disappears fast. Here’s what we preserve to build your case:

Electronic Data – The Truck’s “Black Box”

Modern trucks have sophisticated electronic systems that record critical data:

System What It Records
Engine Control Module (ECM) Speed, RPM, throttle position, cruise control status, fault codes
Event Data Recorder (EDR) Pre-crash data triggered by sudden deceleration or airbag deployment
Electronic Logging Device (ELD) Driver hours of service, duty status, GPS location, driving time
Telematics/GPS Real-time location, speed, route, driver behavior
Dashcam Video of road ahead, some record cab interior

Critical data points we recover:

  • Speed before and during the crash
  • Brake application timing and force
  • Throttle position (was the driver accelerating or coasting?)
  • Following distance (calculated from speed and deceleration)
  • Hours of service compliance
  • GPS location and route history
  • Fault codes indicating known mechanical issues

Driver Records

We subpoena the trucking company’s complete file on the driver:

  • Driver Qualification File – Employment application, background check, training records
  • Driving record – Previous accidents and violations
  • Medical certification – Any conditions that should have disqualified the driver
  • Drug and alcohol test results – Pre-employment and random
  • Hours of service records – ELD data and log books
  • Previous employer verification – Did they check the driver’s history?

Vehicle Records

We obtain complete maintenance and inspection history:

  • Maintenance records – Showing when critical systems were last serviced
  • Inspection reports – Pre-trip, post-trip, and annual inspections
  • Out-of-service orders – Previous violations that should have been fixed
  • Repair orders – What work was actually performed
  • Parts records – Showing what components were installed

Cargo Records

When cargo issues contributed to the accident:

  • Bill of lading – What was being transported
  • Cargo manifest – Detailed inventory
  • Loading records – How and when the cargo was loaded
  • Securement documentation – Tiedown specifications and condition
  • Weight records – From weigh stations or loading facility

Scene Evidence

We preserve physical evidence from the accident scene:

  • Photographs – Vehicle damage, road conditions, skid marks
  • Surveillance video – From nearby businesses
  • Police reports – Including officer’s determination of fault
  • Witness statements – Before memories fade
  • Physical evidence – Failed components, tire remnants, debris

Common Types of Trucking Accidents in Fruitvale

Jackknife Accidents

What happens: The trailer and cab skid in opposite directions, with the trailer folding at an angle like a pocket knife. The trailer often swings across multiple lanes of traffic.

Common causes in Fruitvale:

  • Sudden braking on wet roads (especially on Highway 64)
  • Speeding on curves (FM 17 has several dangerous curves)
  • Empty or lightly loaded trailers (more prone to swing)
  • Improperly loaded or unbalanced cargo
  • Brake system failures (common in oil field trucks)
  • Driver inexperience with emergency maneuvers

Injuries: Jackknife accidents often result in multi-vehicle pileups, causing catastrophic injuries to multiple victims.

Underride Collisions

What happens: A passenger vehicle crashes into the rear or side of a trailer and slides underneath, often shearing off the roof of the car.

Types:

  • Rear underride: Vehicle strikes back of trailer, often at intersections or during sudden stops
  • Side underride: Vehicle impacts side of trailer during lane changes or turns

Why they’re so deadly:

  • Trailers are typically 5-6 feet off the ground
  • Passenger vehicle’s safety systems (airbags, crumple zones) are bypassed
  • Often results in decapitation or catastrophic head injuries

Fruitvale-specific risks:

  • The mix of local traffic and through trucks on Highway 64 creates underride hazards
  • Poor lighting at night increases underride risks
  • Many older trailers lack adequate underride guards

Rollover Accidents

What happens: The truck tips onto its side or roof, often spilling cargo across the roadway.

Common causes in Fruitvale:

  • Speeding on curves (FM 17 has several sharp curves)
  • Top-heavy loads (common with oil field equipment)
  • Sudden steering maneuvers to avoid obstacles
  • Overcorrection after tire blowouts
  • Improperly secured liquid cargo (slosh effect)
  • Driver fatigue causing delayed reactions

Injuries: Rollovers frequently lead to secondary crashes as other vehicles strike the overturned truck or spilled cargo.

Tire Blowout Accidents

What happens: A tire fails suddenly, causing the driver to lose control.

Why they’re common in Fruitvale:

  • Heat: East Texas summers cause tire overheating
  • Road debris: Agricultural and oil field routes have more debris
  • Overloading: Oil field trucks often exceed weight limits
  • Poor maintenance: Many smaller carriers cut corners on tire maintenance
  • Age: Many tires are used beyond their safe lifespan

Most dangerous locations:

  • Steer tires (front) – can cause immediate loss of control
  • Dual tires – when one blows, the other often fails from overload
  • Trailer tires – can cause the trailer to swing unpredictably

Brake Failure Accidents

What happens: The truck’s braking system fails or underperforms, preventing the driver from stopping in time.

Why they’re common in Fruitvale:

  • Long descents: FM 17 has several steep grades where brakes can overheat
  • Poor maintenance: Many smaller carriers defer brake maintenance
  • Improper adjustment: Brakes must be adjusted to specific tolerances
  • Overloading: Excess weight increases stopping distance
  • Contamination: Oil, grease, or other contaminants reduce braking effectiveness

Most common scenarios:

  • Rear-end collisions at stoplights (especially on Highway 64)
  • Failure to stop at railroad crossings
  • Loss of control on steep grades (FM 17)

Cargo Spill Accidents

What happens: Improperly secured cargo falls from the truck or shifts during transit.

Types of cargo spills common in Fruitvale:

  • Agricultural products: Produce, grain, livestock feed
  • Oil field equipment: Pipes, drilling tools, machinery parts
  • Construction materials: Lumber, steel beams, concrete barriers
  • Hazardous materials: Chemicals, fuel, agricultural pesticides

Dangers:

  • Direct impact injuries from falling cargo
  • Secondary crashes as vehicles swerve to avoid debris
  • Environmental contamination from hazardous spills
  • Roadway hazards that persist after the initial accident

Blind Spot Accidents (“No-Zone” Collisions)

What happens: The truck driver changes lanes or maneuvers without seeing a vehicle in one of the truck’s four major blind spots.

The Four No-Zones:

  1. Front No-Zone: 20 feet directly in front of the cab
  2. Rear No-Zone: 30 feet behind the trailer
  3. Left Side No-Zone: Extends from cab door backward
  4. Right Side No-Zone: Extends from cab door backward, much larger than left side (MOST DANGEROUS)

Common scenarios in Fruitvale:

  • Trucks changing lanes on Highway 64 without checking blind spots
  • Wide right turns at intersections cutting off vehicles in the right No-Zone
  • Trucks pulling onto FM 17 from side streets without adequate mirror checks

Wide Turn Accidents (“Squeeze Play”)

What happens: A truck swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.

Why trucks make wide turns:

  • Trailers track inside the path of the cab
  • Drivers must swing wide to avoid curbs, signs, or buildings
  • Some intersections are poorly designed for large trucks

Dangerous locations in Fruitvale:

  • The intersection of Highway 64 and FM 17
  • Any right turn onto a narrow side street
  • Driveways and parking lot entrances

Fatigue-Related Accidents

What happens: A fatigued driver falls asleep at the wheel or has delayed reactions.

Why they’re common in Fruitvale:

  • Oil field schedules: Many drivers work 14+ hour shifts
  • Agricultural seasons: Harvest times create pressure to meet deadlines
  • Long hauls: Fruitvale is a waypoint for cross-country shipments
  • Violated hours of service: Many drivers exceed legal driving limits

Common scenarios:

  • Drifting across lanes on Highway 64
  • Rear-end collisions at stoplights
  • Failure to yield at intersections

Who’s Really Responsible for Your Injuries?

In most car accidents, only one driver is at fault. But in trucking accidents, multiple parties can share responsibility. We investigate every possible defendant to maximize your recovery.

1. The Truck Driver

The driver may be personally liable for:

  • Speeding or reckless driving
  • Distracted driving (cell phone, dispatch communications)
  • Fatigued driving beyond legal limits
  • Impaired driving (drugs, alcohol)
  • Failure to conduct proper pre-trip inspections
  • Violation of traffic laws

2. The Trucking Company / Motor Carrier

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

Vicarious Liability (Respondeat Superior):

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

Direct Negligence:

  • Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
  • Negligent Training: Inadequate safety training or no training on specific equipment
  • Negligent Supervision: Failed to monitor driver performance or ELD compliance
  • Negligent Maintenance: Failed to maintain vehicle in safe condition
  • Negligent Scheduling: Pressured drivers to violate hours of service regulations

3. The Cargo Owner / Shipper

The company that owns the cargo may be liable for:

  • Providing improper loading instructions
  • Failing to disclose hazardous nature of cargo
  • Requiring overweight loading
  • Pressuring carrier to expedite beyond safe limits
  • Misrepresenting cargo weight or characteristics

4. The Cargo Loading Company

Third-party loading companies may be liable for:

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

5. The Truck and Trailer Manufacturer

Manufacturers 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)

6. Parts Manufacturer

Companies that manufacture specific parts may be liable for:

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

7. Maintenance Company

Third-party maintenance companies 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

8. Freight Broker

Freight brokers who arrange transportation may be liable for:

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

9. The Truck Owner (If Different from Carrier)

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

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

10. Government Entity

Federal, state, or local government may be liable in limited circumstances for:

  • Dangerous road design that contributed to accident
  • Failure to maintain roads (potholes, debris, worn markings)
  • Inadequate signage for known hazards
  • Failure to install safety barriers
  • Improper work zone setup

What to Do After a Trucking Accident in Fruitvale

If you’ve been in a trucking accident in Fruitvale, what you do in the next few hours and days can make or break your case.

At the Scene

  1. Call 911 – Report the accident and request medical assistance
  2. Seek medical attention – Even if you feel okay, get checked out immediately
  3. Document everything – Take photos and videos of:
    • All vehicle damage (inside and out)
    • The accident scene (road conditions, skid marks, debris)
    • Your injuries
    • Street signs and traffic signals
    • The truck’s license plate and DOT number
    • The trucking company name and logo
  4. Get information from:
    • The truck driver (name, CDL number, contact info)
    • Witnesses (names and phone numbers)
    • The responding officer (name and badge number)
  5. Do NOT:
    • Admit fault or apologize
    • Give recorded statements to any insurance company
    • Sign anything without consulting an attorney

In the Hospital

  1. Follow all medical advice – Your health comes first
  2. Document your injuries – Take photos as they heal
  3. Keep all medical records – Save everything from the hospital and follow-up visits
  4. Track your symptoms – Keep a journal of pain levels, limitations, and how the injuries affect your daily life
  5. Be careful with social media – Insurance companies will use your posts against you

In the First 48 Hours

  1. Call an 18-wheeler accident attorney – The sooner we get involved, the better we can protect your rights
  2. Do not talk to insurance adjusters – Refer all calls to your attorney
  3. Preserve evidence – Don’t repair your vehicle or discard any damaged items
  4. Follow up with medical care – Continue all recommended treatment
  5. Document everything – Keep records of all expenses related to the accident

Why You Need to Act Fast

In trucking accident cases, evidence disappears fast. Here’s what can be lost if you wait:

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

We send spoliation letters within 24-48 hours of being retained to preserve all evidence.

The Legal Process: What to Expect

1. Free Consultation

We’ll evaluate your case, explain your rights, and discuss your options – all at no cost to you.

2. Investigation

We’ll:

  • Send spoliation letters to preserve evidence
  • Obtain police reports and accident scene photos
  • Subpoena ECM/ELD data and other electronic evidence
  • Interview witnesses
  • Hire accident reconstruction experts if needed
  • Obtain driver qualification files and maintenance records

3. Medical Treatment

We’ll help you get the medical care you need, even if you don’t have insurance.

4. Demand Letter

Once you’ve reached maximum medical improvement, we’ll send a comprehensive demand letter to the insurance company calculating all your damages.

5. Negotiation

We’ll negotiate aggressively for a fair settlement. Most cases settle at this stage.

6. Litigation (If Necessary)

If we can’t reach a fair settlement, we’ll file a lawsuit and prepare for trial.

7. Resolution

Your case will resolve either through settlement or jury verdict.

Damages You Can Recover

In a Texas trucking accident case, you may be entitled to:

Economic Damages

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

Non-Economic Damages

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

Punitive Damages

In cases of gross negligence or willful misconduct, you may be entitled to punitive damages designed to punish the wrongdoer. Examples include:

  • Knowingly hiring dangerous drivers
  • Systematic hours of service violations
  • Falsifying log books
  • Destroying evidence
  • Conscious indifference to safety

Texas-Specific Considerations

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 and your case gets harder to prove as time passes.

Comparative Negligence

Texas uses modified comparative negligence. This means:

  • If you’re 50% or less at fault, you can recover damages
  • Your recovery is reduced by your percentage of fault
  • If you’re more than 50% at fault, you recover nothing

Example: If you’re found 20% at fault and your damages are $100,000, you would recover $80,000.

Damage Caps

Texas has no cap on compensatory damages (medical expenses, lost wages, pain and suffering) in most personal injury cases.

For punitive damages, Texas limits recovery to:

  • 2x economic damages + non-economic damages (capped at $750,000)
  • OR $200,000
  • Whichever is greater

Government Liability

If a government entity (city, county, state) is involved, special rules apply:

  • Shorter notice requirements – You may have as little as 90 days to file a claim
  • Damage caps – $250,000 per person, $500,000 per occurrence
  • Sovereign immunity – Government entities have special protections

Common Insurance Company Tactics – And How We Counter Them

Insurance companies are in business to make money – which means paying you as little as possible. Here are their most common tactics and how we counter them:

1. Quick Lowball Settlement Offers

Their Move: Offer you a quick settlement before you understand the full extent of your injuries.

Our Counter:

  • We never accept early settlement offers
  • We wait until you’ve reached maximum medical improvement
  • We calculate the full value of your case, including future medical needs

2. Denying or Minimizing Injuries

Their Move: Claim your injuries aren’t as serious as you say or were pre-existing.

Our Counter:

  • We obtain comprehensive medical documentation
  • We work with medical experts to establish causation
  • We document the impact on your daily life

3. Blaming the Victim

Their Move: Claim you were partially or completely at fault for the accident.

Our Counter:

  • We conduct thorough investigations
  • We gather evidence that proves the truck driver’s fault
  • We use accident reconstruction experts when needed

4. Delaying the Claims Process

Their Move: Drag out the process to wear you down.

Our Counter:

  • We keep the pressure on with aggressive litigation
  • We file lawsuits when necessary to force resolution
  • We’re prepared to take your case to trial if needed

5. Using Recorded Statements Against You

Their Move: Get you to give a recorded statement while you’re still in shock.

Our Counter:

  • We advise our clients NEVER to give recorded statements
  • Anything you say can and will be used against you
  • We handle all communications with the insurance company

6. “Pre-Existing Condition” Defense

Their Move: Claim your injuries were pre-existing and not caused by the accident.

Our Counter:

  • We apply the “Eggshell Skull” doctrine – take the plaintiff as we find them
  • We use medical experts to establish causation
  • We document changes in your condition after the accident

7. “Gap in Treatment” Attacks

Their Move: Claim you weren’t really injured because you had gaps in treatment.

Our Counter:

  • We document all treatment
  • We explain gaps with medical records
  • We show the ongoing impact of your injuries

8. Sending Surveillance Investigators

Their Move: Follow you and film your activities to argue you’re not really injured.

Our Counter:

  • We advise clients on appropriate conduct
  • We expose unfair surveillance tactics
  • We show that normal activities don’t disprove injury

9. Hiring “Independent” Medical Examiners

Their Move: Send you to a doctor who will minimize your injuries.

Our Counter:

  • We counter with our own medical experts
  • We use your treating physicians’ opinions
  • We expose the bias of defense medical examiners

10. Drowning You in Paperwork

Their Move: Overwhelm you with requests for documents and information.

Our Counter:

  • We handle all paperwork and communications
  • We object to unreasonable requests
  • We keep your case moving forward

What Makes a Strong Trucking Accident Case?

Not all trucking accident cases are created equal. Here are the factors that make a case strong:

  1. Clear liability – The truck driver was obviously at fault
  2. Significant injuries – The more serious the injuries, the higher the potential value
  3. Documented damages – Medical records, wage loss documentation, etc.
  4. Deep pockets – The trucking company has adequate insurance coverage
  5. Preserved evidence – Critical evidence (black box data, etc.) is still available
  6. Credible witnesses – Independent witnesses support your version of events
  7. FMCSA violations – The trucking company violated federal regulations
  8. Pattern of misconduct – The company has a history of similar violations
  9. Catastrophic impact – The accident caused life-altering injuries or death
  10. Public safety threat – The trucking company’s conduct creates ongoing risks

What Makes a Weak Trucking Accident Case?

Some cases are more challenging to win:

  1. Disputed liability – Both sides claim the other was at fault
  2. Minor injuries – Limited medical treatment and impact on life
  3. Limited insurance – The at-fault party has minimal coverage
  4. Lost evidence – Critical evidence has been destroyed
  5. No witnesses – Your word against the truck driver’s
  6. Pre-existing conditions – You had similar injuries before the accident
  7. Government involvement – Special rules and damage caps apply
  8. Bankrupt defendants – The trucking company has no assets
  9. Out-of-state defendants – Jurisdictional challenges
  10. Complex legal issues – Novel legal questions or unusual circumstances

Frequently Asked Questions About Fruitvale Trucking Accidents

What should I do immediately after a trucking accident in Fruitvale?

If you’re able, take these steps:

  1. Call 911 and report the accident
  2. Seek medical attention, even if you feel okay
  3. Document the scene with photos and videos
  4. Get the truck driver’s information and the trucking company’s details
  5. Collect witness contact information
  6. Do NOT give recorded statements to any insurance company
  7. Call an 18-wheeler accident attorney immediately

How quickly should I contact an attorney after a trucking accident?

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 a trucking accident in Fruitvale?

Multiple parties may be liable:

  • 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)

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 modified comparative negligence. Even if you were partially at fault, you may still recover compensation as long as you were 50% or less at fault. Our job is to investigate thoroughly, gather evidence, and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.

What is a truck’s “black box” and how does it help my case?

Commercial trucks have electronic systems that record operational data – similar to an airplane’s black box but for trucks. This data can show:

  • Speed before and during the crash
  • Brake application timing
  • Throttle position
  • Following distance
  • Hours of service compliance
  • GPS location history

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 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 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?

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 Fruitvale?

Case values depend on many factors:

  • Severity of injuries
  • Medical expenses (past and future)
  • Lost income and earning capacity
  • Pain and suffering
  • Degree of defendant’s negligence
  • Insurance coverage available

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents.

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

Texas allows wrongful death claims by surviving family members. You may recover:

  • Lost future income and benefits
  • Loss of consortium (companionship and guidance)
  • Mental anguish and emotional suffering
  • Funeral and burial expenses
  • Medical expenses prior to death
  • Punitive damages if gross negligence

Time limits apply – contact us immediately to protect your rights.

How long do I have to file a trucking accident lawsuit in Texas?

The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait this long. Evidence disappears and your case gets harder to prove as time passes.

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. When we win, our fee comes from the recovery, not your pocket.

What if I’m partially at fault for the accident?

Texas uses modified comparative negligence. As long as you’re not more than 50% at fault, you can still recover damages. Your recovery will be reduced by your percentage of fault.

Example: If you’re found 20% at fault and your damages are $100,000, you would recover $80,000.

How much insurance do trucking companies carry?

Federal law requires minimum liability coverage:

  • $750,000 for non-hazardous freight
  • $1,000,000 for oil, large equipment
  • $5,000,000 for hazardous materials

Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.

What if multiple insurance policies apply to my accident?

Trucking cases often involve multiple policies:

  • Motor carrier’s liability policy
  • Trailer interchange coverage
  • Cargo insurance
  • Owner-operator’s policy
  • Excess/umbrella coverage

We identify all available coverage to maximize your recovery.

Will the trucking company’s insurance try to settle quickly?

Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.

What if I already talked to the insurance company?

That’s okay. Call us before you say anything else or sign anything. We can still help protect your rights and maximize your recovery.

What if the trucking company seems nice and cooperative?

They have lawyers and adjusters protecting them. You need someone protecting you. Their goal is to pay you as little as possible – our goal is to get you the maximum compensation you deserve.

What if I don’t want to sue?

Most cases settle without going to court. We negotiate aggressively for fair settlements. But we’re always prepared to file a lawsuit and go to trial if necessary to get you the compensation you deserve.

What if I was a passenger in a trucking accident?

As a passenger, you have the same rights as any other accident victim. You can pursue claims against all at-fault parties, including the truck driver, trucking company, and any other negligent parties.

What if I was in a trucking accident while working?

If you were injured while working, you may have both a workers’ compensation claim and a third-party personal injury claim against the trucking company. These are separate claims with different rules and potential recoveries.

What if the trucking company goes bankrupt?

We investigate all potential sources of recovery, including:

  • The company’s insurance policies
  • Individual assets of the company
  • Personal assets of the owners
  • Other liable parties (cargo owners, maintenance companies, etc.)

What if I was hit by a truck that didn’t stop?

Hit-and-run trucking accidents are particularly challenging but not impossible to resolve. We pursue:

  • Uninsured/underinsured motorist coverage from your own policy
  • The trucking company’s insurance if we can identify the truck
  • Other liable parties
  • Victim compensation funds

What if I was hit by a government truck?

Special rules apply to accidents involving government vehicles:

  • Shorter notice requirements (as little as 90 days)
  • Damage caps ($250,000 per person, $500,000 per occurrence)
  • Sovereign immunity protections

What if I was hit by a truck while walking or biking?

Pedestrians and cyclists have the same rights as other accident victims. Trucking companies have a special duty to be cautious around vulnerable road users. These cases often involve:

  • Wide turn accidents
  • Blind spot collisions
  • Failure to yield at crosswalks
  • Improper mirror adjustment

What if my child was injured in a trucking accident?

Children have special protections under the law. We pursue:

  • Medical expenses
  • Pain and suffering
  • Loss of future earning capacity
  • Punitive damages in cases of gross negligence

What if I was in a trucking accident with a hazmat load?

Hazardous material accidents create additional risks:

  • Chemical exposure
  • Environmental contamination
  • Explosions and fires
  • Evacuations

These cases often involve:

  • Federal hazmat regulations
  • Environmental cleanup costs
  • Multiple liable parties
  • Higher insurance limits

What if the trucking accident caused a multi-vehicle pileup?

Multi-vehicle accidents create complex liability issues. We investigate:

  • The sequence of collisions
  • Which vehicles were struck first
  • Whether secondary collisions caused additional injuries
  • The role of each driver in the chain reaction

What if I was in a trucking accident in another state?

We handle trucking cases throughout the United States. Our federal court experience and knowledge of interstate trucking regulations allow us to represent you no matter where the accident occurred.

What if the truck driver was an independent contractor?

Even if the driver was an independent contractor, the trucking company may still be liable through:

  • Negligent hiring
  • Negligent supervision
  • Vicarious liability in some cases
  • Direct negligence

What if the trucking company blames the accident on weather conditions?

Trucking companies must adjust their operations for weather conditions:

  • Reduce speed in rain, fog, or ice
  • Increase following distance
  • Use proper equipment (chains, snow tires)
  • Delay trips in severe weather

If they failed to take appropriate precautions, they’re still liable.

What if the trucking company blames the accident on my vehicle?

Even if your vehicle had some issues, the trucking company must prove that:

  1. Your vehicle’s condition caused the accident
  2. They couldn’t have avoided the accident despite your vehicle’s condition

Given the massive size and weight advantage of trucks, this is difficult to prove.

What if the trucking company offers to pay my medical bills directly?

This is often a tactic to:

  • Avoid a formal claim
  • Get you to sign a release
  • Limit their overall liability

Never accept direct payments without consulting an attorney.

What if I’m undocumented?

Immigration status does not affect your right to compensation for injuries caused by someone else’s negligence. You have the same rights as any other accident victim.

What if I don’t speak English?

Our associate attorney Lupe Peña is fluent in Spanish, and we have bilingual staff to serve our Spanish-speaking clients without interpreters.

Hablamos Español. Llame al 1-888-ATTY-911.

What if I was in a trucking accident a while ago?

Even if some time has passed, you may still have options. Contact us immediately to discuss your case – don’t assume it’s too late.

Why Choose Attorney911 for Your Fruitvale Trucking Case?

1. We Know Trucking Cases Inside and Out

We’ve been fighting trucking companies for over 25 years. We know their tactics, we know their insurance companies, and we know how to beat them.

2. We Have Insider Knowledge of Insurance Company Tactics

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm. He knows exactly how insurance companies evaluate, minimize, and deny claims – and now he uses that knowledge to fight for you.

3. We Have Federal Court Experience

Many trucking cases involve interstate commerce and can be filed in federal court. Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas, giving us the ability to handle complex federal cases.

4. We’ve Recovered Millions for Trucking Accident Victims

We’ve recovered $50+ million for our clients across all practice areas. Some of our trucking-related results include:

  • $5+ Million – Logging brain injury settlement
  • $3.8+ Million – Car accident amputation settlement (staph infection during treatment)
  • $2.5+ Million – Truck crash recovery
  • $2+ Million – Maritime back injury settlement
  • Millions recovered for families in trucking-related wrongful death cases

5. We Know Fruitvale and Van Zandt County

We understand the unique challenges of trucking cases in our community:

  • The specific dangers of Highway 64 and FM 17
  • The seasonal variations in truck traffic
  • The local courts and judges
  • The medical facilities where our clients receive treatment
  • The economic realities of our community

6. We Offer Bilingual Services

Many truck drivers and accident victims in Fruitvale speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish, and we have bilingual staff to serve our Spanish-speaking clients without interpreters.

Hablamos Español. Llame al 1-888-ATTY-911.

7. We Work on Contingency

We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. When we win, our fee comes from the recovery, not your pocket.

8. We’re Available 24/7

Trucking accidents don’t happen on a 9-to-5 schedule, and neither do we. We answer calls 24 hours a day, 7 days a week.

9. We Treat You Like Family

We understand that you’re going through one of the most difficult times of your life. We treat every client with compassion and respect. You’re not just a case number to us – you’re family.

10. We’re Not Afraid 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.

Client Testimonials

“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

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

“I got a call to come pick up this handsome check.”
— Donald Wilcox, Attorney911 Client

“Ralph reached out personally.”
— Dame Haskett, Attorney911 Client

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

Our Promise to You

  1. We’ll answer your call 24/7 – No answering services, no waiting until Monday.
  2. We’ll send spoliation letters immediately – To preserve evidence before it’s destroyed.
  3. We’ll investigate thoroughly – Leaving no stone unturned in building your case.
  4. We’ll handle all communications – So you don’t have to deal with insurance adjusters.
  5. We’ll help you get medical care – Even if you don’t have insurance.
  6. We’ll fight for maximum compensation – No quick lowball settlements.
  7. We’ll prepare for trial – So we can negotiate from a position of strength.
  8. We’ll treat you like family – With compassion and respect.
  9. You’ll pay nothing unless we win – No upfront costs, no hidden fees.
  10. We’ll make the trucking company pay – For their negligence and your suffering.

If You’ve Been Hurt in a Trucking Accident in Fruitvale, Texas…

Call us now at 1-888-ATTY-911 for a free consultation. We answer 24/7.

The trucking company has a team working to protect their interests. You deserve someone fighting for you.

At Attorney911, we know Fruitvale’s roads, we know Texas trucking laws, and we know how to make trucking companies pay when their negligence causes catastrophic injuries.

Don’t wait – evidence disappears fast. Call 1-888-ATTY-911 now.

Share this article:

Need Legal Help?

Free consultation. No fee unless we win your case.

Call 1-888-ATTY-911

Ready to Fight for Your Rights?

Free consultation. No upfront costs. We don't get paid unless we win your case.

Call 1-888-ATTY-911