18-Wheeler Accidents in Wharton, TX: Your Complete Legal Guide

Every year, thousands of families across Texas are devastated by catastrophic 18-wheeler accidents on our highways. If you or someone you love has been injured in a trucking accident in Wharton, Texas, you need more than just a lawyer—you need a team that understands the unique challenges of Wharton’s trucking corridors, the federal regulations that govern commercial vehicles, and how to hold negligent trucking companies fully accountable.

At Attorney911, we’ve been fighting for truck accident victims across Wharton and the entire Gulf Coast region for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families just like yours. When you call us at 1-888-ATTY-911, you’re getting a Wharton trucking accident attorney who knows the local courts, understands the routes that bring trucks through our community, and has the resources to take on the largest trucking companies in America.

Why Wharton’s Highways Are So Dangerous for Truck Accidents

Wharton sits at a critical crossroads for commercial trucking in Texas. Our community is served by several major highways that see heavy truck traffic daily:

• US Highway 59 – A primary route connecting Houston to Victoria and points southwest, US 59 carries significant freight traffic from the Port of Houston and major distribution centers. The stretch through Wharton is particularly dangerous due to high speeds, frequent lane changes, and the mix of local traffic with long-haul trucks.

• State Highway 60 – This important east-west corridor connects Wharton to Bay City and the Gulf Coast, serving the region’s agricultural and petrochemical industries. Trucks hauling grain, oilfield equipment, and other heavy loads create additional risks for passenger vehicles.

• FM 102 – A vital local route that connects Wharton to surrounding communities and agricultural areas. This road sees a mix of farm equipment, delivery trucks, and passenger vehicles, creating unique collision risks.

• FM 1160 – Another key local route that serves as a connector between Wharton and neighboring communities. The two-lane sections can be particularly hazardous when trucks attempt to pass slower vehicles.

The Texas Department of Transportation’s Wharton County crash data reveals troubling patterns. In recent years, Wharton has seen:

• Multiple fatal truck crashes annually
• A higher-than-average rate of injury crashes involving commercial vehicles
• Significant numbers of rear-end collisions and sideswipes on US 59
• Seasonal spikes in truck-related accidents during harvest seasons

What makes these accidents so devastating is physics. A fully loaded 18-wheeler can weigh up to 80,000 pounds—20-25 times more than the average passenger car. When these massive vehicles collide with smaller cars, the results are often catastrophic.

Common Types of 18-Wheeler Accidents in Wharton

Wharton’s unique geography and traffic patterns create specific types of trucking accidents that we see repeatedly in our practice:

Rear-End Collisions on US 59

The most common type of truck accident we see in Wharton occurs when an 18-wheeler fails to stop in time and rear-ends a passenger vehicle. These accidents are particularly frequent on US 59, especially:

• Near the US 59/Highway 60 interchange
• In areas where the speed limit drops from 75 mph to 65 mph
• During rush hour when traffic slows unexpectedly
• In foggy conditions common in the early morning hours

A fully loaded truck traveling at 65 mph needs approximately 525 feet to come to a complete stop—nearly two football fields. When truck drivers are distracted, fatigued, or following too closely, they simply can’t stop in time to avoid a collision.

Wide Turn Accidents in Downtown Wharton

Wharton’s historic downtown area presents unique challenges for large trucks. The narrow streets and tight intersections force truck drivers to make wide turns, often swinging into adjacent lanes. We’ve handled multiple cases where:

• Trucks making right turns from Highway 60 onto Main Street have cut off vehicles in the right lane
• Left turns from US 59 onto FM 102 have resulted in sideswipe collisions
• Delivery trucks making turns into local businesses have struck pedestrians and cyclists

These “squeeze play” accidents occur when a truck swings wide to make a turn, creating a gap that other vehicles enter, only to be crushed when the truck completes its turn.

Underride Collisions on Rural Highways

Wharton County’s rural highways see many underride accidents where passenger vehicles slide underneath the trailer of an 18-wheeler. These accidents are among the most deadly, often resulting in:

• Decapitation of vehicle occupants
• Severe head and neck trauma
• Catastrophic injuries to all vehicle occupants
• Multiple fatalities in a single accident

Federal regulations require rear underride guards on most trailers, but there are no federal requirements for side underride guards, and many rear guards fail to prevent underride in real-world crashes.

Jackknife Accidents on Wet Roads

Wharton’s frequent rain showers create hazardous conditions for large trucks. When roads are wet, trucks can easily jackknife—a situation where the trailer swings out perpendicular to the cab. These accidents are common:

• On the curves of US 59 near the Wharton County Junior College
• When trucks brake suddenly on wet pavement
• When empty trailers are being transported (they’re more prone to jackknifing)
• During sudden lane changes to avoid debris or animals

Jackknife accidents often block multiple lanes of traffic, leading to secondary collisions with other vehicles.

Rollover Accidents with Agricultural Loads

Wharton County’s agricultural industry means we see many rollover accidents involving trucks hauling grain, hay, or other farm products. These accidents occur when:

• Trucks take curves too fast
• Loads are improperly secured or unevenly distributed
• Drivers overcorrect after running off the road
• Liquid loads (like milk or chemicals) shift during transport

Rollover accidents frequently result in cargo spills that create additional hazards for other motorists.

Fatigue-Related Crashes on Long Hauls

Many of the trucks passing through Wharton are traveling long distances from the Port of Houston to destinations across Texas and beyond. Fatigued driving is a major factor in truck accidents, especially:

• During overnight hours when drivers should be sleeping
• After drivers have been on the road for 10+ hours
• When drivers falsify their logbooks to exceed federal hours-of-service limits
• When trucking companies pressure drivers to meet unrealistic delivery schedules

Federal regulations limit drivers to 11 hours of driving after 10 consecutive hours off duty, but we frequently find violations of these rules in our investigations.

Who Can Be Held Liable in Your Wharton Truck Accident?

One of the most important differences between car accidents and truck accidents is that multiple parties can be held responsible for your injuries. In Wharton trucking cases, we investigate liability against:

The Truck Driver

The driver who caused your accident may be personally liable for:

• Speeding or reckless driving
• Distracted driving (cell phone use, texting, GPS adjustments)
• Fatigued driving beyond federal limits
• Impaired driving (drugs or alcohol)
• Failure to conduct proper pre-trip inspections
• Violation of traffic laws (running red lights, failure to yield)

We examine the driver’s:

• Hours of service records
• Drug and alcohol test results
• Cell phone records
• Driving history and previous violations
• Training records

The Trucking Company

Trucking companies are often the most important defendants because they carry the highest insurance limits. They can be liable for:

Vicarious Liability:

• The driver was an employee acting within the scope of employment
• The accident occurred while the driver was performing job duties

Direct Negligence:

• Negligent Hiring: Failing to properly vet drivers before hiring
• Negligent Training: Inadequate safety training for drivers
• Negligent Supervision: Failing to monitor driver performance
• Negligent Maintenance: Poor vehicle upkeep and repairs
• Negligent Scheduling: Pressuring drivers to violate hours of service rules

We subpoena:

• Driver qualification files
• Maintenance records
• Dispatch logs
• Safety policies
• Training materials
• Company safety records

The Cargo Owner or Shipper

The company that owns the cargo and arranged for its shipment may be liable if:

• They provided improper loading instructions
• They failed to disclose the hazardous nature of the cargo
• They required overweight loading
• They pressured the carrier to expedite delivery

The Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for:

• Improper cargo securement
• 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

Manufacturers may be liable for defective products that caused or contributed to your accident:

• Brake system failures
• Tire defects causing blowouts
• Steering mechanism failures
• Lighting system defects
• Underride guard failures
• Stability control system failures

Parts Manufacturers

Companies that manufacture specific components may be liable for:

• Defective brake components
• Defective tires
• Defective steering parts
• Defective coupling devices
• Defective lighting components

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 carriers with poor safety records
• 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:

• 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 Evidence in Your Wharton Truck Accident Case

Evidence in trucking cases disappears quickly. The trucking company has rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act immediately, critical evidence will be lost forever.

Electronic Data That Must Be Preserved

Engine Control Module (ECM) / Black Box Data:
Every modern commercial truck has an ECM that records operational data. This is the “black box” of the trucking world, and it contains critical evidence:

• Speed before and during the crash
• Brake application timing and force
• Throttle position (was the driver accelerating or coasting?)
• Engine RPM
• Whether cruise control was engaged
• GPS location and route history
• Fault codes indicating mechanical issues

This data can be overwritten in as little as 30 days or with new driving events. We send preservation letters immediately to prevent this.

Electronic Logging Device (ELD) Records:
Since December 2017, most commercial trucks must use ELDs that record:

• Driver hours of service
• Duty status (driving, on-duty not driving, off-duty)
• GPS location
• Driving time
• Engine power status

ELD data proves whether the driver violated federal rest requirements and was driving while fatigued.

GPS and Telematics Data:
Many trucks have GPS tracking systems that record:

• Real-time location
• Speed history
• Route taken
• Driver behavior (hard braking, rapid acceleration)

Dashcam Footage:
Forward-facing and cab-facing cameras can provide:

• Video of the accident itself
• Video of the road ahead
• Audio of driver communications
• Evidence of driver distraction or fatigue

Dashcam footage is often deleted within 7-14 days unless preserved.

Physical Evidence That Must Be Secured

The Truck and Trailer:
The vehicles themselves must be preserved for inspection. We examine:

• Brake condition and adjustment
• Tire condition and tread depth
• Underride guard condition
• Lighting system functionality
• Coupling devices
• Cargo securement devices

Failed Components:
Any failed parts (brakes, tires, steering components) must be preserved for expert analysis.

Cargo and Securement Devices:
We inspect:

• Cargo manifest
• Securement equipment (chains, straps, tarps)
• Loading patterns
• Weight distribution

Documentary Evidence We Pursue

Driver Qualification File:
Federal regulations require trucking companies to maintain a file for every driver containing:

• Employment application
• Driving record check
• Previous employer verification
• Medical certification
• Drug test results
• Training documentation

Missing or incomplete files prove negligent hiring.

Hours of Service Records:
We obtain:

• ELD data for 6 months prior to the accident
• Paper logbooks (if used)
• Dispatch records showing delivery schedules

Maintenance Records:
We review:

• Pre-trip and post-trip inspection reports
• Annual inspection records
• Repair records
• Out-of-service orders
• Parts purchase records

Dispatch Records:
These show:

• Delivery schedules
• Time pressure on drivers
• Communications between driver and dispatcher

Drug and Alcohol Test Results:
We obtain:

• Pre-employment test results
• Random test results
• Post-accident test results

Cell Phone Records:
These can prove:

• Phone calls made or received
• Text messages sent or received
• Data usage (GPS, social media, etc.)

Insurance Policies:
We identify:

• Primary liability coverage
• Excess/umbrella coverage
• Cargo insurance
• Trailer interchange coverage

Why This Evidence Matters for Your Wharton Case

This evidence allows us to prove:

• The driver was fatigued (HOS violations)
• The driver was distracted (cell phone records)
• The truck had mechanical defects (maintenance records)
• The cargo was improperly secured (loading records)
• The trucking company knew about previous violations (safety records)
• The trucking company pressured the driver to violate regulations (dispatch records)

Without this evidence, your case becomes a “he said, she said” situation where the trucking company’s version of events prevails.

The Catastrophic Injuries We See in Wharton Truck Accidents

The physics of truck accidents make catastrophic injuries the norm, not the exception. The size and weight disparity between an 18-wheeler and a passenger car means that truck accidents often result in life-altering injuries.

Traumatic Brain Injury (TBI)

TBI occurs when a sudden trauma causes damage to the brain. In truck accidents, this happens when:

• Your head strikes the steering wheel, dashboard, or window
• Your brain impacts the inside of your skull from sudden deceleration
• You’re ejected from the vehicle and strike your head
• Debris from the accident strikes your head

Severity Levels:

• Mild (Concussion): Confusion, headache, brief loss of consciousness
• Moderate: Extended unconsciousness, memory problems, cognitive deficits
• Severe: Extended coma, permanent cognitive impairment

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 and Paralysis

Spinal cord injuries disrupt communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

• 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 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+

Amputations

Amputations occur when:

• Limbs are severed at the scene due to crash forces
• Limbs are so severely damaged they must be surgically removed
• Crush injuries lead to infections requiring amputation

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

Burns occur in truck accidents when:

• Fuel tanks rupture and ignite
• Hazardous materials spill and ignite
• Electrical systems short circuit
• Friction from road contact causes burns

Burn Classification:

• First Degree: Epidermis only (minor, heals without scarring)
• Second Degree: Epidermis and dermis (may scar, may need grafting)
• Third Degree: Full thickness (requires skin grafts, permanent scarring)
• Fourth Degree: Through skin to muscle/bone (multiple surgeries, amputation may be required)

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 include:

• 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 a loved one, surviving family members can bring a wrongful death claim. Texas law allows recovery for:

• Lost future income and benefits
• Loss of consortium (companionship and guidance)
• Mental anguish and emotional suffering
• Funeral and burial expenses
• Medical expenses incurred before death
• Pain and suffering experienced by the decedent before death
• Punitive damages (if gross negligence is proven)

The statute of limitations for wrongful death claims in Texas is 2 years from the date of death.

Why Wharton Truck Accident Cases Are Different

Wharton’s location and economic characteristics create unique factors that affect truck accident cases:

Wharton’s Agricultural Industry

Wharton County is one of Texas’s leading agricultural producers, particularly for:

• Rice (Wharton is one of the top rice-producing counties in Texas)
• Corn and grain sorghum
• Cattle and dairy
• Cotton
• Hay

This agricultural activity creates unique trucking risks:

• Seasonal Harvest Traffic: During harvest seasons, truck traffic increases dramatically on local roads as crops are transported to processing facilities and markets.
• Farm Equipment on Roads: Slow-moving farm equipment shares the road with high-speed trucks, creating dangerous speed differentials.
• Grain Trucks: These trucks are often overloaded and may have improperly secured loads that shift during transport.
• Livestock Hauling: Animal transport creates unique risks, especially if animals become agitated during transit.
• Chemical Transport: Pesticides and fertilizers are frequently transported through Wharton County, creating hazmat risks.

Wharton’s Petrochemical Connections

While Wharton County itself isn’t a major petrochemical hub, our proximity to the Gulf Coast means we see significant truck traffic related to the oil and gas industry:

• Oilfield Equipment: Heavy equipment is transported to and from drilling sites across Texas.
• Pipe Hauling: Long pipe loads create unique maneuvering challenges.
• Fuel Transport: Tanker trucks carrying gasoline, diesel, and other fuels.
• Drilling Mud and Chemicals: Hazardous materials used in drilling operations.
• Frac Sand: Specialized sand used in hydraulic fracturing operations.

Wharton’s Port Connections

The Port of Houston is one of the busiest ports in the United States, and much of the freight that passes through eventually makes its way through Wharton County:

• Container Traffic: Trucks hauling shipping containers from the port to distribution centers.
• Bulk Cargo: Grain, chemicals, and other bulk commodities.
• Automotive: Vehicles imported through the port.
• Manufactured Goods: Products from around the world destined for Texas markets.

Wharton’s Small-Town Challenges

As a smaller community, Wharton faces unique challenges in handling truck accident cases:

• Limited Local Resources: Wharton has excellent medical facilities, but severe truck accident injuries often require transport to Houston trauma centers.
• Jurisdictional Issues: Cases may be filed in Wharton County courts or federal court, depending on the circumstances.
• Local Jury Pools: Wharton juries may have different perspectives than larger urban areas, which affects case strategy.
• Community Impact: Truck accidents in smaller communities often affect multiple families, creating complex social dynamics.

The Wharton Truck Accident Legal Process

If you’ve been injured in a truck accident in Wharton, here’s what you can expect when you work with Attorney911:

Step 1: Free Consultation

We offer free, no-obligation consultations to all truck accident victims in Wharton. During this consultation:

• We’ll listen to your story and answer your questions
• We’ll evaluate the strength of your case
• We’ll explain your legal options
• We’ll discuss our fee structure (you pay nothing unless we win)

Step 2: Immediate Evidence Preservation

Within 24-48 hours of being retained, we:

• Send formal preservation letters to the trucking company, their insurer, and all potentially liable parties
• Demand immediate download of all ECM/black box data
• Demand preservation of ELD records
• Secure dashcam footage before it’s deleted
• Preserve the physical evidence (truck, trailer, cargo)

Step 3: Comprehensive Investigation

Our investigation includes:

• Accident Reconstruction: We work with expert engineers to determine exactly what happened.
• Medical Documentation: We gather all medical records to document your injuries.
• Economic Analysis: We calculate your past and future medical expenses, lost wages, and other economic damages.
• Liability Analysis: We identify all potentially liable parties and their insurance coverage.
• Regulatory Compliance Review: We examine FMCSA compliance and identify violations.

Step 4: Medical Treatment Coordination

We help you:

• Get the medical treatment you need
• Understand your treatment options
• Coordinate with healthcare providers
• Document your injuries for your case

Step 5: Demand Letter

Once we’ve completed our investigation and you’ve reached maximum medical improvement, we:

• Send a comprehensive demand letter to the insurance company
• Calculate the full value of your claim
• Present the evidence supporting your case
• Demand fair compensation for your injuries

Step 6: Negotiation

We negotiate aggressively with the insurance company to:

• Maximize your settlement
• Avoid the time and expense of litigation
• Resolve your case as quickly as possible

Step 7: Litigation (If Necessary)

If the insurance company refuses to offer fair compensation, we:

• File a lawsuit in the appropriate court
• Conduct discovery (depositions, document requests)
• Prepare your case for trial
• Continue settlement negotiations from a position of strength

Step 8: Resolution

Your case will resolve through:

• Settlement agreement
• Mediation
• Trial verdict

Why Choose Attorney911 for Your Wharton Truck Accident Case

When you’re facing the physical, emotional, and financial devastation of a truck accident, you need more than just a lawyer—you need a team that will fight for you like family. Here’s what sets Attorney911 apart:

25+ Years of Experience Fighting Trucking Companies

Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. He has:

• Recovered multi-million dollar settlements and verdicts for trucking accident victims
• Federal court admission to the U.S. District Court, Southern District of Texas
• Experience in BP explosion litigation against multinational corporations
• A track record of holding major trucking companies accountable

Insider Knowledge of Insurance Company Tactics

Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how trucking insurers evaluate, minimize, and deny claims. He:

• Worked for years at a national defense firm
• Knows every tactic they’ll use against you
• Understands how they value claims
• Knows when they’re bluffing and when they’ll pay
• Uses this insider knowledge to fight for maximum compensation

We Know Wharton’s Trucking Corridors

We understand the unique challenges of Wharton’s highways:

• The dangerous curves on US 59
• The tight intersections in downtown Wharton
• The agricultural truck traffic on FM 102 and FM 1160
• The seasonal spikes in truck traffic during harvest seasons
• The local courts and judges that handle trucking cases

This local knowledge gives us an advantage in building your case.

We Prepare Every Case for Trial

While most cases settle, we prepare every case as if it’s going to trial. This approach:

• Creates leverage in settlement negotiations
• Shows the insurance company we’re willing to go to court
• Results in better settlement offers
• Ensures we’re ready if the case does go to trial

We Have the Resources to Fight Big Trucking Companies

Taking on major trucking companies requires significant resources. We have:

• Access to top accident reconstruction experts
• Relationships with medical experts who can testify about your injuries
• Financial resources to advance all case costs
• A team of experienced attorneys and staff

We Treat You Like Family

We understand that a truck accident changes your life in an instant. We treat every client like family:

• We’re available 24/7 to answer your questions
• We keep you informed about your case
• We fight for the maximum compensation you deserve
• We’re with you every step of the way

Hablamos Español

Many truck drivers in Wharton are Spanish-speaking, and we want to serve our entire community. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español. Llame al 1-888-ATTY-911.

No Fee Unless We Win

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.

What Your Wharton Truck Accident Case Might Be Worth

The value of your truck accident case depends on many factors, including:

• The severity of your injuries
• Your medical expenses (past and future)
• Your lost wages and earning capacity
• Your pain and suffering
• The degree of the trucking company’s negligence
• The available insurance coverage

Trucking companies carry much higher insurance limits than typical auto policies:

• Non-Hazardous Freight: $750,000 minimum (often $1-5 million)
• Oil/Petroleum: $1,000,000 minimum
• Hazardous Materials: $5,000,000 minimum

This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

Settlement Ranges for Common Truck Accident Injuries

Factors That Increase Case Value

• Clear Liability: When the trucking company’s negligence is obvious
• Severe Injuries: Catastrophic injuries justify higher compensation
• Permanent Disability: Injuries that affect your ability to work
• Gross Negligence: When the trucking company acted with reckless disregard for safety
• Multiple Defendants: When multiple parties share liability
• High Insurance Limits: More coverage means higher potential recovery

Factors That Decrease Case Value

• Shared Fault: Texas follows modified comparative negligence (51% bar rule)
• Pre-Existing Conditions: Insurance companies argue injuries existed before the accident
• Limited Insurance: When the at-fault party has minimal coverage
• Minor Injuries: Less severe injuries result in lower settlements

Wharton Truck Accident Case Results

While every case is unique, here are some examples of results we’ve achieved for truck accident victims:

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
— Donald Wilcox, Attorney911 Client

“I was rear-ended and the team got right to work… I also got a very nice settlement.”
— MONGO SLADE, Attorney911 Client

“They make you feel like family and even though the process may take some time, they make it feel like a breeze.”
— Chad Harris, 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

“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client

What to Do After a Truck Accident in Wharton

If you’ve been involved in a truck accident in Wharton, follow these steps to protect your health and your legal rights:

At the Scene

1. Call 911 – Report the accident and request medical assistance if needed.
2. Seek Medical Attention – Even if you feel okay, get checked out. Adrenaline can mask serious injuries.
3. Document the Scene – Take photos and videos of:
   • All vehicles involved (exterior and interior damage)
   • The accident scene (road conditions, traffic signals, skid marks)
   • Your injuries
   • The truck’s license plate, DOT number, and company information
4. Get Witness Information – Collect names and contact information from any witnesses.
5. Don’t Admit Fault – Don’t apologize or say anything that could be interpreted as accepting blame.
6. Don’t Give Statements – Don’t give recorded statements to any insurance company without consulting an attorney.

In the Following Days

1. Follow Up with Medical Treatment – Go to all follow-up appointments and follow your doctor’s orders.
2. Document Everything – Keep records of:
   • Medical visits and treatments
   • Medications prescribed
   • Time missed from work
   • How your injuries affect your daily life
3. Don’t Post on Social Media – Insurance companies will use your posts against you.
4. Don’t Sign Anything – Don’t sign any documents from the insurance company without legal review.
5. Contact a Wharton Truck Accident Attorney – Call Attorney911 at 1-888-ATTY-911 for a free consultation.

Frequently Asked Questions About Wharton Truck Accidents

What should I do immediately after an 18-wheeler accident in Wharton?

If you’ve been in a trucking accident in Wharton, 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. Wharton hospitals and nearby Houston 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 Wharton?

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 Wharton?

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 formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of 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, including:

• Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
• Monetary sanctions
• Default judgment in extreme cases
• Punitive damages

Who can I sue after an 18-wheeler accident in Wharton?

Multiple parties may be liable in trucking accidents:

• The truck driver
• The trucking company/motor carrier
• The cargo owner or shipper
• The company that loaded the cargo
• Truck or parts manufacturers
• Maintenance companies
• Freight brokers
• The truck owner (if different from carrier)
• Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

Is the trucking company responsible even if the driver caused the accident?

Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:

• Negligent hiring (hiring unqualified drivers)
• Negligent training (inadequate safety training)
• Negligent supervision (failing to monitor driver behavior)
• Negligent maintenance (poor vehicle upkeep)

What if the truck driver says the accident was my fault?

Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.

What is an owner-operator and does that affect my case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

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

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data—similar to airplane black boxes. This data can show:

• Speed before and during the crash
• Brake application timing
• Engine RPM and throttle position
• Whether cruise control was engaged
• GPS location

This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.

What records should my attorney get from the trucking company?

We pursue:

• ECM/Black box data
• ELD records
• Driver Qualification File
• Maintenance records
• Inspection reports
• Dispatch logs
• Drug and alcohol test results
• Training records
• Cell phone records
• Insurance policies
• The physical truck and trailer

Can the trucking company destroy evidence?

Once they’re on notice of potential litigation, destroying evidence is spoliation—a serious legal violation. Courts can:

• Instruct juries to assume destroyed evidence was unfavorable
• Impose monetary sanctions
• Enter default judgment in extreme cases
• Award punitive damages

What are hours of service regulations and how do violations cause accidents?

FMCSA regulations limit how long truck drivers can operate:

• Maximum 11 hours driving after 10 hours off
• Cannot drive beyond 14th consecutive hour on duty
• 30-minute break required after 8 hours driving
• 60/70 hour weekly limits

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.

What FMCSA regulations are most commonly violated in accidents?

The top violations we find:

• Hours of service violations (driving too long)
• False log entries (lying about driving time)
• Brake system deficiencies
• Cargo securement failures
• Drug and alcohol violations
• Unqualified drivers (no valid CDL or medical certificate)
• Failure to inspect vehicles

What is a Driver Qualification File and why does it matter?

FMCSA requires trucking companies to maintain a file for every driver containing:

• Employment application
• Driving record check
• Previous employer verification
• Medical certification
• Drug test results
• Training documentation

Missing or incomplete files prove negligent hiring.

How do pre-trip inspections relate to my accident case?

Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.

What injuries are common in 18-wheeler accidents in Wharton?

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 Wharton?

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
• Available insurance coverage

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 Wharton?

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 Wharton?

The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do trucking accident cases take to resolve?

Timelines vary:

• Simple cases with clear liability: 6-12 months
• Complex cases with multiple parties: 1-3 years
• Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

Will my trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.

Do I need to pay anything upfront to hire your firm?

NO. We work on contingency—you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.

How much insurance do trucking companies carry?

Federal law requires minimum liability coverage:

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

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

What if multiple insurance policies apply to my accident?

Trucking cases often involve multiple policies:

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

We identify all available coverage to maximize your recovery.

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

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

The Wharton Truck Accident Attorney You Can Trust

If you’ve been injured in an 18-wheeler accident in Wharton, Texas, don’t wait to get the help you need. Every hour you wait, evidence is disappearing, and the trucking company is building their defense.

Call Attorney911 now at 1-888-ATTY-911 for a free consultation. We’re available 24/7 to answer your questions and start protecting your rights. With offices serving Wharton and all of Southeast Texas, we’re never far away when you need us.

Remember: The trucking company has lawyers working right now to protect them. You deserve the same level of representation. We fight for Wharton families like yours every day, and we’re ready to fight for you.

“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client

Don’t let the trucking company get away with it. Call Attorney911 today at 1-888-ATTY-911. Your fight starts with one call. We answer. We fight. We win.