18-Wheeler Accidents in Wise County: Your Complete Guide to Justice and Compensation

When an 80,000-Pound Truck Changes Your Life in an Instant

The impact was catastrophic. One moment, you’re driving down Wise County’s highways – maybe US 81/287 heading toward Decatur, or FM 51 traveling through the heart of the county. The next moment, an 18-wheeler is jackknifing across three lanes, or its trailer is swinging into your path, or you’re suddenly staring at the undercarriage of a tractor-trailer that just crushed your vehicle.

In Wise County, where oil field traffic mixes with agricultural haulers and cross-country freight on US 287, these accidents happen more often than you might think. The Texas Department of Transportation reports that Wise County sees dozens of commercial vehicle crashes annually, many resulting in life-altering injuries or wrongful death.

If you or a loved one has been seriously injured in an 18-wheeler accident in Wise County, you need more than just a lawyer – you need a legal team with deep experience fighting trucking companies, insider knowledge of how the industry operates, and a track record of multi-million dollar recoveries for truck accident victims.

At Attorney911, we’ve been fighting for Wise County families devastated by 18-wheeler crashes for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured substantial verdicts and settlements against some of the largest trucking companies in America. And with our associate attorney Lupe Peña – a former insurance defense lawyer – we know exactly how trucking companies and their insurers try to minimize claims. Now we use that knowledge to fight for you.

Why 18-Wheeler Accidents Are Different from Car Crashes

Most people don’t realize how fundamentally different trucking accidents are from regular car crashes. The physics, the regulations, the insurance coverage, and the legal strategies all require specialized expertise.

The Physics: Why These Crashes Are So Devastating

A fully loaded 18-wheeler can weigh up to 80,000 pounds – that’s 20-25 times heavier than the average passenger car. When an 80,000-pound truck traveling at highway speeds collides with a 4,000-pound sedan, the results are often catastrophic.

The stopping distance tells the story:

18-wheeler at 65 mph: Needs approximately 525 feet to stop (nearly two football fields)
Passenger car at 65 mph: Needs approximately 300 feet to stop
Difference: The truck needs 40% more distance to stop

This means when traffic suddenly slows on US 287 near Rhome or FM 51 approaching Decatur, truck drivers have much less time to react and avoid collisions.

The Regulations: Federal Laws Trucking Companies Must Follow

Commercial trucks operating in Wise County must comply with strict federal regulations from the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover:

Hours of Service (49 CFR Part 395): Limits on how long drivers can operate without rest
Driver Qualification (49 CFR Part 391): Who can legally drive a commercial truck
Vehicle Maintenance (49 CFR Part 396): Required inspections and repairs
Cargo Securement (49 CFR Part 393): How loads must be secured
Drug and Alcohol Testing (49 CFR Part 382): Random and post-accident testing requirements

When trucking companies violate these regulations, they create dangerous conditions that lead to accidents. And when accidents happen, these violations become powerful evidence in your case.

The Insurance: Higher Limits Mean More Is at Stake

Unlike car accidents where insurance might be limited to $30,000-$100,000, trucking companies carry much higher insurance:

Minimum federal requirement: $750,000 for non-hazardous freight
Typical coverage: $1,000,000 to $5,000,000
Hazardous materials: $5,000,000 minimum

This higher coverage means catastrophic injuries can actually be compensated, but it also means trucking companies and their insurers will fight harder to protect their money.

The Legal Strategy: Multiple Defendants and Complex Liability

In car accidents, you typically sue one driver. In trucking accidents, multiple parties may be liable:

The truck driver
The trucking company
The cargo owner
The company that loaded the cargo
The truck or trailer manufacturer
The maintenance company
The freight broker

Each of these parties may have separate insurance coverage, and each may try to shift blame to others. Building a strong case requires identifying all liable parties and pursuing each one aggressively.

Common Types of 18-Wheeler Accidents in Wise County

Wise County’s unique mix of highways, rural roads, and oil field traffic creates specific accident patterns. Here are the most common types of 18-wheeler accidents we see in Wise County:

Jackknife Accidents on US 287 and FM 51

Jackknife accidents occur when the trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic. These are particularly dangerous on Wise County’s two-lane highways where there’s no escape route.

Common causes in Wise County:

Sudden braking on wet or icy roads (especially in winter months)
Speeding on curves like the FM 51 bend near Decatur
Empty or lightly loaded trailers (more prone to swing)
Improperly loaded cargo shifting during transit
Brake failures from poor maintenance

Why they’re so dangerous:
When a jackknife occurs, the trailer can sweep across multiple lanes, leaving no time for other drivers to react. On US 287, where oil field traffic mixes with agricultural haulers and cross-country freight, these accidents often result in multi-vehicle pileups.

Rollover Accidents on Rural Roads

Rollover accidents are among the most catastrophic trucking accidents, often resulting in the truck crushing other vehicles or spilling cargo across the roadway.

Common causes in Wise County:

Speeding on rural roads with sharp curves
Taking turns too sharply at excessive speed
Improperly secured or unevenly distributed cargo
Liquid cargo “slosh” shifting center of gravity
Overcorrection after tire blowout or lane departure
Driver fatigue causing delayed reaction

Wise County hotspots:

FM 51 curves near Decatur
Rural roads serving oil field operations
Highway on-ramps and off-ramps
Roads with poor banking or inadequate signage

Underride Collisions: The Deadliest Trucking Accident

Underride collisions occur when a passenger vehicle crashes into the rear or side of a trailer and slides underneath. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.

Statistics:

Approximately 400-500 underride deaths occur annually in the United States
Rear underride and side underride are both deadly
Side underride has no federal guard requirement

Common causes in Wise County:

Inadequate or missing underride guards
Worn or damaged rear impact guards
Truck sudden stops without adequate warning
Low visibility conditions (night, fog, rain)
Truck lane changes into blind spots
Wide right turns cutting off traffic

Why they’re so deadly:
Underride collisions are almost always fatal or catastrophic. The National Highway Traffic Safety Administration (NHTSA) estimates that proper underride guards could prevent hundreds of deaths annually.

Rear-End Collisions on Congested Highways

Rear-end collisions are the second most common type of large truck crash. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.

Common causes in Wise County:

Following too closely on US 287 and FM 51
Driver distraction (cell phone, dispatch communications)
Driver fatigue and delayed reaction
Excessive speed for traffic conditions
Brake failures from poor maintenance
Failure to anticipate traffic slowdowns
Impaired driving (drugs, alcohol)

Wise County factors:

Oil field traffic causing sudden stops
Agricultural equipment turning onto highways
School zones in Decatur and Bridgeport
Construction zones on major routes

Wide Turn Accidents at Rural Intersections

Wide turn accidents, also known as “squeeze play” accidents, occur when an 18-wheeler 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 in the gap.

Why trucks make wide turns:

18-wheelers need significant space to complete turns
The trailer tracks inside the path of the cab
Drivers must swing wide to avoid curbs, signs, or buildings

Common locations in Wise County:

Rural intersections where trucks turn onto side roads
Decatur and Bridgeport downtown intersections
FM 51 and US 287 intersections
Truck stops and gas stations

Blind Spot Accidents on Highways

Commercial trucks have massive blind spots, known as “No-Zones,” where the driver cannot see other vehicles.

The Four No-Zones:

Front No-Zone: 20 feet directly in front of the cab – driver cannot see low vehicles
Rear No-Zone: 30 feet behind the trailer – no rear-view mirror visibility
Left Side No-Zone: Extends from cab door backward – smaller than right side
Right Side No-Zone: Extends from cab door backward, much larger than left – MOST DANGEROUS

Common causes in Wise County:

Failure to check mirrors before lane changes
Improperly adjusted or damaged mirrors
Inadequate mirror checking during sustained maneuvers
Driver distraction during lane changes
Driver fatigue affecting situational awareness
Failure to use turn signals

Tire Blowout Accidents on Long Hauls

Tire blowouts are particularly dangerous for 18-wheelers because they can cause sudden loss of control.

Statistics:

18-wheelers have 18 tires, each of which can fail
Steer tire (front) blowouts are especially dangerous
“Road gators” (tire debris) cause thousands of accidents annually

Common causes in Wise County:

Underinflated tires causing overheating (especially in Texas heat)
Overloaded vehicles exceeding tire capacity
Worn or aging tires not replaced
Road debris punctures
Manufacturing defects
Improper tire matching on dual wheels
Heat buildup on long hauls
Inadequate pre-trip tire inspections

Wise County factors:

Long stretches of highway between services
Oil field roads with sharp debris
Extreme Texas heat affecting tire pressure
Agricultural haulers with heavy loads

Brake Failure Accidents on Steep Grades

Brake failures are a factor in approximately 29% of large truck crashes and are among the most common FMCSA out-of-service violations.

Common causes in Wise County:

Worn brake pads or shoes not replaced
Improper brake adjustment (too loose)
Air brake system leaks or failures
Overheated brakes (brake fade) on long descents
Contaminated brake fluid
Defective brake components
Failure to conduct pre-trip brake inspections
Deferred maintenance to save costs

Wise County hotspots:

Steep grades on rural roads
FM 51 descents near Decatur
Oil field access roads with steep inclines
Highway ramps with sharp descents

Catastrophic Injuries from 18-Wheeler Accidents

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. When an 80,000-pound truck collides with a 4,000-pound car, the energy transfer is devastating.

Traumatic Brain Injury (TBI): The Invisible Epidemic

TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull.

Severity Levels:

Level	Symptoms	Prognosis
Mild (Concussion)	Confusion, headache, brief loss of consciousness	Usually recovers, but may have lasting effects
Moderate	Extended unconsciousness, memory problems, cognitive deficits	Significant recovery possible with rehabilitation
Severe	Extended coma, permanent cognitive impairment	Lifelong disability, may require 24/7 care

Common symptoms:

Headaches and dizziness
Memory loss and confusion
Difficulty concentrating
Mood changes, depression, anxiety
Sleep disturbances
Sensory problems (vision, hearing, taste)
Speech difficulties
Personality changes

Long-term consequences:

Permanent cognitive impairment
Inability to work
Need for ongoing care and supervision
Increased risk of dementia and Alzheimer’s
Depression and emotional disorders

Lifetime care costs: $85,000 to $3,000,000+ depending on severity

Spinal Cord Injury: Life-Altering Damage

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

Types of paralysis:

Type	Definition	Impact
Paraplegia	Loss of function below the waist	Cannot walk, may affect bladder/bowel control
Quadriplegia	Loss of function in all four limbs	Cannot walk or use arms, may need breathing assistance
Incomplete Injury	Some nerve function remains	Variable – may have some sensation or movement
Complete Injury	No nerve function below injury	Total loss of sensation and movement

Level of injury matters:

Higher injuries (cervical spine) affect more body functions
C1-C4 injuries may require ventilator for breathing
Lower injuries (lumbar) affect legs but not arms

Lifetime care costs:

Paraplegia (low): $1.1 million+
Paraplegia (high): $2.5 million+
Quadriplegia (low): $3.5 million+
Quadriplegia (high): $5 million+

These figures represent direct medical costs only – not lost wages, pain and suffering, or loss of quality of life.

Amputation: When Limbs Are Lost in an Instant

Amputations in trucking accidents occur in two ways:

Traumatic amputation: Limb severed at the scene due to crash forces
Surgical amputation: Limb so severely damaged it must be surgically removed

Common in 18-wheeler accidents due to:

Crushing forces from truck impact
Entrapment requiring amputation for extraction
Severe burns requiring surgical removal
Infections from open wounds

Ongoing medical needs:

Initial surgery and hospitalization
Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
Replacement prosthetics throughout lifetime
Physical therapy and rehabilitation
Occupational therapy for daily living skills
Psychological counseling

Impact on life:

Permanent disability
Career limitations or total disability
Phantom limb pain
Body image and psychological trauma
Need for home modifications
Dependency on others for daily activities

Severe Burns: The Agony of Fire and Chemicals

Burns occur in 18-wheeler accidents through:

Fuel tank rupture and fire
Hazmat cargo spills and ignition
Electrical fires from battery/wiring damage
Friction burns from road contact
Chemical burns from hazmat exposure

Burn classification:

Degree	Depth	Treatment
First	Epidermis only	Minor, heals without scarring
Second	Epidermis and dermis	May scar, may need grafting
Third	Full thickness	Requires skin grafts, permanent scarring
Fourth	Through skin to muscle/bone	Multiple surgeries, amputation may be required

Long-term consequences:

Permanent scarring and disfigurement
Multiple reconstructive surgeries
Skin graft procedures
Chronic pain
Infection risks
Psychological trauma

Internal Organ Damage: The Hidden Killer

Internal injuries may not show immediate symptoms but can be life-threatening.

Common internal injuries:

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 Takes a Life

Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.

Who can bring a wrongful death claim in Texas:

Surviving spouse
Children (minor and adult)
Parents (especially if no spouse or children)
Estate representative

Types of claims:

Wrongful Death Action: Compensation for survivors’ losses
Survival Action: Compensation for decedent’s pain/suffering before death

Damages available under Texas law:

Lost future income and employment benefits
Loss of consortium (spousal companionship and relationship)
Loss of parental guidance and nurturing (for surviving children)
Mental anguish and emotional distress (for surviving family)
Funeral and burial expenses
Medical expenses incurred prior to death
Pain and suffering experienced by decedent before death
Punitive damages (in cases of gross negligence, recklessness, or malice)

Texas statute of limitations: 2 years from date of death to file wrongful death lawsuit

Who Is Liable in Your Wise County Trucking Accident?

One of the most important differences between car accidents and trucking accidents is that MULTIPLE PARTIES may be responsible for your injuries. Unlike a simple car crash where usually only one driver is at fault, trucking accidents often involve a web of companies and individuals who all contributed to the dangerous conditions that caused the crash.

The Truck Driver: More Than Just a Driver

The driver who caused the accident may be personally liable for their negligent conduct.

Bases for driver liability:

Speeding or reckless driving
Distracted driving (cell phone, texting, dispatch communications)
Fatigued driving beyond legal limits
Impaired driving (drugs, alcohol)
Failure to conduct proper pre-trip inspections
Violation of traffic laws
Failure to yield, improper lane changes, running red lights

Evidence we pursue:

Driver’s driving record and history
ELD data showing hours of service
Drug and alcohol test results
Cell phone records
Previous accident history
Training records

The Trucking Company: Often the Deepest Pocket

The trucking company is often the most important defendant because they have the deepest pockets (highest insurance) and the most responsibility for safety.

Bases for trucking company liability:

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 training on safety, cargo securement, hours of service
Negligent Supervision: Failed to monitor driver performance, ELD compliance
Negligent Maintenance: Failed to maintain vehicle in safe condition
Negligent Scheduling: Pressured drivers to violate HOS regulations

Evidence we pursue:

Driver Qualification File (or lack thereof)
Hiring policies and background check procedures
Training records and curricula
Supervision and monitoring practices
Dispatch records showing schedule pressure
Safety culture documentation
Previous accident/violation history
CSA (Compliance, Safety, Accountability) scores

Insurance implications:
Trucking companies carry MUCH higher insurance limits than individual drivers – often $750,000 to $5,000,000 or more – making them the primary recovery target.

Cargo Owner/Shipper: The Hidden Defendant

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

Bases for shipper liability:

Provided improper loading instructions
Failed to disclose hazardous nature of cargo
Required overweight loading
Pressured carrier to expedite beyond safe limits
Misrepresented cargo weight or characteristics

Evidence we pursue:

Shipping contracts and bills of lading
Loading instructions provided
Hazmat disclosure documentation
Weight certification records

Cargo Loading Company: When Improper Loading Causes Disaster

Third-party loading companies that physically load cargo onto trucks may be liable for improper securement.

Bases for loading company liability:

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

Evidence we pursue:

Loading company securement procedures
Loader training records
Securement equipment used
Weight distribution documentation

Truck and Trailer Manufacturer: Product Liability

The company that manufactured the truck, trailer, or major components may be liable for defects.

Bases for manufacturer liability:

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)

Evidence we pursue:

Recall notices and technical service bulletins
Similar defect complaints (NHTSA database)
Design specifications and testing records
Component failure analysis

Parts Manufacturer: When Components Fail

Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products.

Bases for parts liability:

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

Evidence we pursue:

Failed component for expert analysis
Recall history for specific parts
Similar failure patterns
Manufacturing and quality control records

Maintenance Company: When Poor Repairs Cause Accidents

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs.

Bases for maintenance company liability:

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

Evidence we pursue:

Maintenance work orders
Mechanic qualifications and training
Parts used in repairs
Inspection reports and recommendations

Freight Broker: When Brokers Choose Dangerous Carriers

Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection.

Bases for broker liability:

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

Evidence we pursue:

Broker-carrier agreements
Carrier selection criteria
Carrier safety record at time of selection
Broker’s due diligence procedures

Truck Owner: When Ownership Creates Liability

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

Bases for owner liability:

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

Evidence we pursue:

Lease agreements
Maintenance responsibility allocations
Owner’s knowledge of driver history

Government Entity: When Road Conditions Contribute

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

Bases for government liability:

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

Special considerations:

Sovereign immunity limits government liability
Strict notice requirements and short deadlines
Must prove actual notice of dangerous condition in many cases

Evidence we pursue:

Road design specifications
Maintenance records
Prior accident history at location
Citizen complaints about condition

How We Determine All Liable Parties in Your Wise County Case

Our investigation process is designed to identify every potentially liable party and build the strongest possible case against each one.

Phase 1: Immediate Response (0-72 Hours)

The first 72 hours are critical. Evidence disappears quickly in trucking cases.

Actions we take immediately:

Send spoliation letters within 24-48 hours to trucking company, their insurer, and all potentially liable parties
Demand preservation of ECM, ELD, maintenance records, and all other evidence
Secure physical evidence before it’s repaired or disposed of
Deploy accident reconstruction expert to scene if needed
Obtain police crash report
Photograph client injuries with medical documentation
Photograph all vehicles before they’re repaired or scrapped
Identify all potentially liable parties

Phase 2: Evidence Gathering (Days 1-30)

We leave no stone unturned in building your case.

Evidence we pursue:

ECM/Black Box Data: Speed, braking, throttle position, fault codes
ELD Records: Driver hours of service, GPS location, driving time
Driver Qualification File: Employment application, background check, medical certification
Maintenance Records: Inspections, repairs, known defects
Inspection Reports: Pre-trip, post-trip, annual inspections
Dispatch Records: Trip assignments, delivery schedules, pressure to violate HOS
Drug/Alcohol Tests: Pre-employment, random, post-accident
Cell Phone Records: To prove distracted driving
GPS/Telematics Data: Real-time location and speed history
Dashcam Footage: Forward-facing and cab-facing video
Cargo Records: Bills of lading, loading manifests, securement documentation
Company Safety Records: CSA scores, inspection history, previous violations

Phase 3: Expert Analysis

We bring in the best experts to build your case.

Experts we work with:

Accident Reconstruction Specialists: Create detailed crash analysis
Medical Experts: Establish causation and future care needs
Vocational Experts: Calculate lost earning capacity
Economic Experts: Determine present value of all damages
Life Care Planners: Develop comprehensive care plans for catastrophic injuries
FMCSA Regulation Experts: Identify all regulatory violations
Trucking Industry Experts: Explain industry standards and practices

Phase 4: Litigation Strategy

We prepare every case as if it’s going to trial.

Our litigation approach:

File lawsuit before statute of limitations expires
Pursue aggressive discovery against all potentially liable parties
Depose truck driver, dispatcher, safety manager, maintenance personnel
Build case for trial while negotiating settlement from position of strength
Prepare every case as if going to trial (creates leverage in negotiations)

The 48-Hour Evidence Preservation Protocol: Why Time Is Critical

In 18-wheeler accident cases, EVIDENCE DISAPPEARS FAST. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.

Why 48 Hours Matters

Evidence Type	Destruction Risk
ECM/Black Box Data	Overwrites in 30 days or with new driving events
ELD Data	May be retained only 6 months
Dashcam Footage	Often deleted within 7-14 days
Surveillance Video	Business cameras typically overwrite in 7-30 days
Witness Memory	Fades significantly within weeks
Physical Evidence	Vehicle may be repaired, sold, or scrapped
Drug/Alcohol Tests	Must be conducted within specific windows

The Spoliation Letter: Your Legal Shield

What Is A Spoliation Letter?

A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.

Why It Matters:

Puts defendants on legal notice of their preservation obligation
Creates serious consequences if evidence is destroyed
Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
The sooner sent, the more weight it carries

When We Send It:
IMMEDIATELY – within 24-48 hours of being retained. We don’t wait.

What Our Spoliation Letter Demands

ELECTRONIC DATA:

Engine Control Module (ECM) / Electronic Control Unit (ECU) data
Event Data Recorder (EDR) data
Electronic Logging Device (ELD) records
GPS and telematics data
Dashcam and forward-facing camera footage
Dispatch communications and messaging
Cell phone records and text messages
Qualcomm or fleet management system data

DRIVER RECORDS:

Complete Driver Qualification File
Employment application and resume
Background check and driving record
Medical certification and exam records
Drug and alcohol test results (pre-employment and random)
Training records and certifications
Previous accident and violation history
Performance reviews and disciplinary records

VEHICLE RECORDS:

Maintenance and repair records
Inspection reports (pre-trip, post-trip, annual)
Out-of-service orders and repairs
Tire records and replacement history
Brake inspection and adjustment records
Parts purchase and installation records

COMPANY RECORDS:

Hours of service records for 6 months prior
Dispatch logs and trip records
Bills of lading and cargo documentation
Insurance policies
Safety policies and procedures
Training curricula
Hiring and supervision policies

PHYSICAL EVIDENCE:

The truck and trailer themselves
Failed or damaged components
Cargo and securement devices
Tire remnants if blowout involved

ECM/Black Box Data: The Objective Witness

What Is It?

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

Types of Electronic Recording:

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

Critical Data Points:

Speed Before Crash: Proves speeding or excessive speed for conditions
Brake Application: Shows when and how hard brakes were applied
Throttle Position: Reveals if driver was accelerating or coasting
Following Distance: Calculated from speed and deceleration data
Hours of Service: Proves fatigue and HOS violations
GPS Location: Confirms route and timing
Fault Codes: May reveal known mechanical issues driver ignored

Why This Data Wins Cases:

ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.

FMCSA Record Retention Requirements: What They Must Keep

Minimum Retention Periods:

Record Type	Retention Period
Driver Qualification Files	3 years after termination
Hours of Service Records	6 months
Vehicle Inspection Reports	1 year
Maintenance Records	1 year
Accident Register	3 years
Drug Test Records (positive)	5 years
Drug Test Records (negative)	1 year

Why Our Spoliation Letter Extends These:

Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in:

Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
Sanctions and monetary penalties
Default judgment in extreme cases
Punitive damages for intentional destruction

FMCSA Regulations: The Legal Foundation of Your Case

The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.

Why FMCSA Regulations Matter for Your Wise County Case

Every 18-wheeler on American highways must comply with these federal regulations. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.

The 6 Critical Parts of FMCSA Regulations

Part	Title	What It Covers
Part 390	General Applicability	Definitions, who regulations apply to
Part 391	Driver Qualification	Who can drive, medical requirements, training
Part 392	Driving Rules	Safe operation, fatigue, drugs, alcohol
Part 393	Vehicle Safety	Equipment, cargo securement, brakes, lights
Part 395	Hours of Service	How long drivers can drive, required rest
Part 396	Inspection & Maintenance	Vehicle upkeep, inspections, records

Part 390: Who Must Comply

Purpose: Establishes who must comply with federal trucking regulations.

Applies To:

All motor carriers operating commercial motor vehicles (CMVs) in interstate commerce
All drivers of CMVs in interstate commerce
All vehicles with GVWR over 10,001 lbs
All vehicles designed to transport 16+ passengers (including driver)
All vehicles transporting hazardous materials requiring placards

Key Definitions:

Term	Definition
Commercial Motor Vehicle (CMV)	Vehicle with GVWR 10,001+ lbs, designed for 16+ passengers, or transporting hazardous materials
Motor Carrier	Person or company operating CMVs in interstate commerce
Driver	Any person who operates a CMV
Interstate Commerce	Trade, traffic, or transportation crossing state lines

49 CFR § 390.3 – General Applicability:
“The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”

Part 391: Driver Qualification Standards

Purpose: Establishes who is qualified to drive a commercial motor vehicle.

MINIMUM DRIVER QUALIFICATIONS (49 CFR § 391.11):

A person shall not drive a commercial motor vehicle unless they:

Are at least 21 years old (interstate) or 18 years old (intrastate)
Can read and speak English sufficiently
Can safely operate the CMV and cargo type
Are physically qualified under § 391.41
Have a valid commercial motor vehicle operator’s license (CDL)
Have completed a driver’s road test or equivalent
Are not disqualified under § 391.15 (violations, suspensions)
Have completed required entry-level driver training

DRIVER QUALIFICATION FILE REQUIREMENTS (49 CFR § 391.51):

Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:

Document	Requirement
Employment Application	Completed per § 391.21
Motor Vehicle Record	From state licensing authority
Road Test Certificate	Or equivalent documentation
Medical Examiner’s Certificate	Current, valid (max 2 years)
Annual Driving Record Review	Must be conducted and documented
Previous Employer Inquiries	3-year driving history investigation
Drug & Alcohol Test Records	Pre-employment and random testing

Why This Matters for Your Wise County Case:

If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.

PHYSICAL QUALIFICATION REQUIREMENTS (49 CFR § 391.41):

Drivers must be medically qualified to operate CMVs. Key requirements include:

No loss of foot, leg, hand, or arm (without exemption)
No established medical history of epilepsy or seizures
No mental, nervous, or psychiatric disorder likely to interfere with safe driving
No current clinical diagnosis of alcoholism
No use of Schedule I controlled substances
No use of non-Schedule I substances that impair driving ability
Vision of at least 20/40 in each eye (with or without correction)
Hearing adequate to perceive forced whisper at 5 feet

Part 392: Driving Rules

Purpose: Establishes rules for the safe operation of CMVs.

ILL OR FATIGUED OPERATORS (49 CFR § 392.3):

“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

Why This Matters: This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.

DRUGS AND OTHER SUBSTANCES (49 CFR § 392.4):

A driver shall not be on duty or operate a CMV while:

Under the influence of any Schedule I substance
Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
Possessing a Schedule I substance (unless prescription)

ALCOHOL (49 CFR § 392.5):

A driver shall not:

Use alcohol within 4 hours before going on duty or operating a CMV
Use alcohol while on duty or operating a CMV
Be under the influence of alcohol (.04 BAC or higher) while on duty
Possess any alcohol while on duty (with limited exceptions)

SPEEDING (49 CFR § 392.6):

“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

FOLLOWING TOO CLOSELY (49 CFR § 392.11):

“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”

MOBILE PHONE USE (49 CFR § 392.82):

Drivers are PROHIBITED from:

Using a hand-held mobile telephone while driving
Reaching for mobile phone in manner requiring leaving seated position
Texting while driving (49 CFR § 392.80)

Part 393: Parts and Accessories for Safe Operation

Purpose: Establishes equipment and cargo securement standards.

CARGO SECUREMENT (49 CFR § 393.100-136):

General Requirements (§ 393.100):
Cargo must be contained, immobilized, or secured to prevent:

Leaking, spilling, blowing, or falling from the vehicle
Shifting that affects vehicle stability or maneuverability
Blocking the driver’s view or interfering with operation

Performance Criteria (§ 393.102):
Cargo securement systems must withstand:

Forward: 0.8 g deceleration (sudden stop)
Rearward: 0.5 g acceleration
Lateral: 0.5 g (side-to-side)
Downward: At least 20% of cargo weight if not fully contained

Tiedown Requirements:

Aggregate working load limit must be at least 50% of cargo weight for loose cargo
At least one tiedown for cargo 5 feet or less in length
At least two tiedowns for cargo over 5 feet or under 1,100 lbs
Additional tiedowns for every 10 feet of cargo length

BRAKES (49 CFR § 393.40-55):

All CMVs must have properly functioning brake systems:

Service brakes on all wheels
Parking/emergency brake system
Air brake systems must meet specific requirements
Brake adjustment must be maintained within specifications

LIGHTING (49 CFR § 393.11-26):

Required lighting includes:

Headlamps, tail lamps, stop lamps
Clearance and side marker lamps
Reflectors and retroreflective sheeting
Turn signal lamps

Why This Matters: Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.

Part 395: Hours of Service (HOS) Regulations

Purpose: Prevents driver fatigue by limiting driving time and requiring rest.

THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.

PROPERTY-CARRYING DRIVERS (Most 18-Wheelers):

Rule	Requirement	Violation Consequence
11-Hour Driving Limit	Cannot drive more than 11 hours after 10 consecutive hours off duty	Fatigue-related accidents
14-Hour Duty Window	Cannot drive beyond 14th consecutive hour after coming on duty	Driver exhaustion
30-Minute Break	Must take 30-minute break after 8 cumulative hours of driving	Impaired alertness
60/70-Hour Limit	Cannot drive after 60 hours in 7 days or 70 hours in 8 days	Cumulative fatigue
34-Hour Restart	Can restart 60/70-hour clock with 34 consecutive hours off	Inadequate recovery
10-Hour Off-Duty	Must have minimum 10 consecutive hours off duty before driving	Insufficient rest

SLEEPER BERTH PROVISION (49 CFR § 395.1(g)):

Drivers using sleeper berth may split 10-hour off-duty period:

At least 7 consecutive hours in sleeper berth
Plus at least 2 consecutive hours off-duty (in berth or otherwise)
Neither period counts against 14-hour window

ELECTRONIC LOGGING DEVICE (ELD) MANDATE (49 CFR § 395.8):

Since December 18, 2017, most CMV drivers must use ELDs that:

Automatically record driving time
Synchronize with vehicle engine to record objective data
Cannot be altered after the fact (unlike paper logs)
Record GPS location, speed, engine hours

Why ELD Data Is Critical Evidence:

ELDs prove:

Exactly how long the driver was on duty
Whether breaks were taken as required
Speed before and during the accident
GPS location history
Any HOS violations

WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.

Part 396: Inspection, Repair, and Maintenance

Purpose: Ensures CMVs are maintained in safe operating condition.

GENERAL MAINTENANCE REQUIREMENT (§ 396.3):

“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”

DRIVER INSPECTION REQUIREMENTS:

Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.

Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare written report on vehicle condition covering at minimum:

Service brakes
Parking brake
Steering mechanism
Lighting devices and reflectors
Tires
Horn
Windshield wipers
Rear vision mirrors
Coupling devices
Wheels and rims
Emergency equipment

ANNUAL INSPECTION (§ 396.17):

Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.

MAINTENANCE RECORD RETENTION (§ 396.3):

Motor carriers must maintain records for each vehicle showing:

Identification (make, serial number, year, tire size)
Schedule for inspection, repair, and maintenance
Record of repairs and maintenance
Records must be retained for 1 year

Why This Matters: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.

Most Common FMCSA Violations That Cause Accidents in Wise County

TOP 10 VIOLATIONS WE FIND IN WISE COUNTY TRUCKING ACCIDENT CASES:

Hours of Service Violations – Driving beyond 11-hour limit, no breaks
False Log Entries – Falsifying ELD or paper log records
Failure to Maintain Brakes – Worn brakes, improper adjustment
Cargo Securement Failures – Inadequate tiedowns, shifting loads
Unqualified Driver – Operating without valid CDL or medical certificate
Drug/Alcohol Violations – Operating under influence, failed tests
Mobile Phone Use – Texting, hand-held phone while driving
Failure to Inspect – No pre-trip inspection, ignored defects
Improper Lighting – Non-functioning lights, missing reflectors
Negligent Hiring – No background check, incomplete DQ file

HOW WE PROVE VIOLATIONS:

Evidence Type	What It Shows
ELD Data	Hours of service violations, driving time
ECM/Black Box	Speed, braking, throttle position
Driver Qualification File	Hiring negligence, training gaps
Maintenance Records	Deferred repairs, known defects
Inspection Reports	Pre-existing violations
Drug/Alcohol Tests	Impairment at time of accident
Dispatch Records	Pressure to violate HOS

What to Do After an 18-Wheeler Accident in Wise County

The steps you take in the minutes, hours, and days after a trucking accident can make or break your case. Here’s what you need to do:

At the Scene: The Critical First Minutes

1. Call 911 Immediately

Report the accident and request police and medical assistance
Even if injuries seem minor, request an ambulance
Ask for a police report to be filed

2. Seek Medical Attention

Adrenaline masks pain – you may be injured and not realize it
Internal injuries and TBI may not show symptoms immediately
Medical records create critical evidence for your case

3. Document Everything

Take photos and videos of:
- All vehicles involved (exterior and interior damage)
- The accident scene from multiple angles
- Road conditions, traffic signs, skid marks
- Your injuries (bruises, cuts, swelling)
- The truck’s license plate, DOT number, company name
- Any visible cargo or securement failures

4. Collect Information

Get the truck driver’s:
- Name and contact information
- CDL number and license plate
- Insurance information
- Trucking company name and DOT number
Get contact information from all witnesses
Note the responding officer’s name and badge number

5. Preserve Evidence

If safe to do so, take photos of the truck’s:
- Tires (condition, tread depth)
- Brakes (visible components)
- Lights (working condition)
- Cargo securement
- Any visible defects

In the Hours After the Accident

1. Follow Up with Medical Care

Follow your doctor’s treatment plan exactly
Attend all follow-up appointments
Keep records of all medical visits, prescriptions, and expenses

2. Do NOT Give Statements

Do NOT give recorded statements to any insurance company
Do NOT sign anything from the trucking company or their insurer
Refer all communications to your attorney

3. Contact an 18-Wheeler Accident Attorney

The sooner you contact us, the sooner we can:
- Send spoliation letters to preserve evidence
- Begin investigating the accident
- Deal with insurance companies on your behalf
- Protect your rights

4. Document Your Recovery

Keep a daily journal documenting:
- Your pain levels
- Your limitations
- How your injuries affect daily activities
- Emotional impact
- Missed work and activities

In the Days and Weeks After

1. Continue Medical Treatment

Follow all doctor’s orders
Attend physical therapy
Get all recommended diagnostic tests
Keep all medical records and bills

2. Avoid Social Media

Do NOT post about your accident or injuries
Insurance companies will use your posts against you
Even innocent posts can be misinterpreted

3. Stay in Communication with Your Attorney

Provide updates on your medical condition
Forward all correspondence from insurance companies
Ask questions – we’re here to help

4. Don’t Accept Early Settlement Offers

Insurance companies often make lowball offers quickly
These offers rarely account for future medical needs
Once you accept, you waive your right to additional compensation

Why You Need an 18-Wheeler Accident Attorney in Wise County

Trucking companies have teams of lawyers and adjusters working to protect their interests from the moment an accident occurs. You need someone on your side who knows how to fight them.

Our Advantages in Fighting Trucking Companies

1. Insider Knowledge of Insurance 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. Now he uses that knowledge to fight for you.

2. Immediate Evidence Preservation
We send spoliation letters within 24-48 hours to preserve critical evidence before it’s destroyed. Black box data, ELD records, and dashcam footage can disappear quickly.

3. Federal Court Experience
Our managing partner, Ralph Manginello, is admitted to the U.S. District Court for the Southern District of Texas. This federal court experience is critical for interstate trucking cases.

4. Multi-Million Dollar Track Record
We have recovered substantial settlements and verdicts for trucking accident victims, including:

$5+ Million – Logging Brain Injury Settlement
$3.8+ Million – Car Accident Amputation Settlement
$2.5+ Million – Truck Crash Recovery
Millions recovered for families in trucking-related wrongful death cases

5. Deep Understanding of FMCSA Regulations
We know the federal trucking regulations inside and out. When trucking companies violate these rules, we hold them accountable.

6. Willingness to Go to Trial
Most cases settle, 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.

What We Do For You

1. Handle All Communications

Deal with insurance companies so you don’t have to
Prevent you from saying anything that could hurt your case
Protect you from insurance adjusters’ manipulation tactics

2. Investigate Your Accident

Obtain and analyze black box data
Review ELD records for HOS violations
Inspect the truck and trailer for defects
Interview witnesses
Reconstruct the accident with expert help

3. Identify All Liable Parties

Truck driver
Trucking company
Cargo owner
Loading company
Maintenance company
Manufacturer
Freight broker

4. Document Your Damages

Medical expenses (past and future)
Lost wages and earning capacity
Pain and suffering
Emotional distress
Loss of enjoyment of life
Property damage

5. Negotiate Aggressively

Fight for maximum compensation
Reject lowball offers
Use our trial experience as leverage

6. Take Your Case to Trial if Necessary

Prepare every case as if going to trial
Present compelling evidence to the jury
Fight for the compensation you deserve

What Your Wise County 18-Wheeler Accident Case Is Worth

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

Economic Damages (Calculable Losses)

Category	What’s Included
Medical Expenses	Past, present, and future medical costs
Lost Wages	Income lost due to injury and recovery
Lost Earning Capacity	Reduction in future earning ability
Property Damage	Vehicle repair or replacement
Out-of-Pocket Expenses	Transportation to medical appointments, home modifications
Life Care Costs	Ongoing care for catastrophic injuries

Non-Economic Damages (Quality of Life)

Category	What’s Included
Pain and Suffering	Physical pain from injuries
Mental Anguish	Psychological trauma, anxiety, depression
Loss of Enjoyment	Inability to participate in activities
Disfigurement	Scarring, visible injuries
Loss of Consortium	Impact on marriage/family relationships
Physical Impairment	Reduced physical capabilities

Punitive Damages (Punishment for Gross Negligence)

Punitive damages may be available when the trucking company or driver acted with:

Gross negligence
Willful misconduct
Conscious indifference to safety
Fraud (falsifying logs, destroying evidence)

Factors That Increase Case Value

Severity of injuries: Catastrophic injuries command higher compensation
Clear liability: When fault is obvious, cases are worth more
Available insurance: Higher policy limits allow for larger recoveries
Defendant’s conduct: Gross negligence or intentional misconduct increases value
Impact on life: How injuries affect your daily activities and enjoyment of life
Future medical needs: Long-term care requirements increase case value

Factors That Decrease Case Value

Shared fault: If you’re partially at fault, your recovery may be reduced
Limited insurance: If the at-fault party has minimal coverage, recovery may be limited
Pre-existing conditions: Insurance companies may argue injuries existed before the accident
Gaps in treatment: Not following doctor’s orders can hurt your case
Social media activity: Posts about your activities can be used against you

Wise County-Specific Considerations

Jury verdict trends: Wise County juries have shown willingness to hold trucking companies accountable
Local attitudes: Wise County residents understand the dangers of oil field and agricultural trucking
Court procedures: Wise County courts have specific rules and procedures we know well
Insurance coverage: Many trucking companies operating in Wise County carry substantial insurance

The Legal Process: What to Expect in Your Wise County Case

Step 1: Free Consultation

We evaluate your case at no cost
Explain your rights and options
Answer all your questions
No obligation to hire us

Step 2: Case Acceptance

If we believe we can help, we’ll offer to represent you
We work on contingency – you pay nothing unless we win
We begin working on your case immediately

Step 3: Investigation

Send spoliation letters to preserve evidence
Obtain police reports and accident scene photos
Interview witnesses
Analyze black box and ELD data
Inspect the truck and trailer
Review medical records

Step 4: Medical Care Coordination

Help you get the medical treatment you need
Work with doctors to document your injuries
Ensure all treatment is properly recorded

Step 5: Demand Letter

Prepare comprehensive demand package
Calculate all your damages
Send demand to insurance companies
Begin settlement negotiations

Step 6: Negotiation

Negotiate aggressively for maximum compensation
Reject lowball offers
Use our trial experience as leverage
Keep you informed of all offers

Step 7: Litigation (if necessary)

File lawsuit in Wise County court
Conduct discovery (interrogatories, depositions, document requests)
Retain expert witnesses
Prepare for trial

Step 8: Trial or Settlement

Most cases settle before trial
If necessary, we’ll take your case to trial
Fight for maximum compensation in court

Why Choose Attorney911 for Your Wise County 18-Wheeler Accident Case

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
Federal court admission to the U.S. District Court, Southern District of Texas
Experience in BP explosion litigation against multinational corporations
Deep familiarity with Wise County trucking corridors and accident patterns
Comprehensive understanding of FMCSA regulations

Insider Knowledge of Insurance Company Tactics

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm. He knows:

How insurance companies evaluate claims
How adjusters are trained to minimize payouts
What makes them settle cases
How they try to deny legitimate claims
The claims valuation software they use

Now he uses that knowledge to fight for you.

Proven Track Record of Results

We have recovered substantial compensation for trucking accident victims, including:

$5+ Million – Logging Brain Injury Settlement
$3.8+ Million – Car Accident Amputation Settlement
$2.5+ Million – Truck Crash Recovery
Millions recovered for families in trucking-related wrongful death cases

Federal Court Experience

Trucking cases often involve federal regulations and may be filed in federal court. Our managing partner is admitted to the U.S. District Court for the Southern District of Texas, giving us the ability to handle these complex cases.

Wise County Local Knowledge

We know Wise County’s:

Trucking corridors and accident hotspots
Courts and judges
Jury attitudes and tendencies
Local medical providers
Insurance company tactics specific to the area

Three Office Locations Serving Texas

With offices in Houston, Austin, and Beaumont, we’re never far from Wise County. We can meet with you in person or handle your case remotely.

Fluent Spanish Services

Wise County has a significant Hispanic population, and many trucking accident victims speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.

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

24/7 Availability

Trucking accidents don’t happen on a 9-to-5 schedule. We’re available 24/7 to take your call and begin working on your case immediately.

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.

What Our Wise County Clients Say About Us

“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

“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

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

“Ralph Manginello is indeed the best attorney I ever had. He cares greatly about his results.”
— AMAZIAH A.T., Attorney911 Client

Frequently Asked Questions About 18-Wheeler Accidents in Wise County

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

If you’ve been in a trucking accident in Wise County:

Call 911 and report the accident
Seek medical attention, even if injuries seem minor
Document the scene with photos and video
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. Wise County hospitals and trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

What information should I collect at the truck accident scene?

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 Wise County?

IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

What is a spoliation letter and why is it important?

A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.

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

Commercial trucks have electronic systems (ECM, EDR) that record operational data – similar to an airplane’s black box. This data can show:

Speed before and during the crash
Brake application timing
Throttle position
Whether cruise control was engaged
GPS location
Fault codes that may reveal known mechanical issues

This objective data often contradicts what drivers claim happened.

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 consecutive 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.

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

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 trailer manufacturer
Parts manufacturer
Maintenance company
Freight broker
Truck owner (if different from carrier)
Government entity (for road defects)

We investigate all potentially liable parties to maximize your recovery.

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

Usually YES. Under 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?

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

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

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

How do cargo spills create liability?

Cargo securement violations are among the top 10 most common FMCSA violations. When cargo is improperly secured:

It can shift during transit, destabilizing the truck
It can fall from the truck, creating road hazards
Hazmat cargo can spill, creating additional dangers

The company that loaded the cargo, the trucking company, and the cargo owner may all be liable.

What if a tire blowout caused my accident?

Tire blowouts cause thousands of accidents annually. Common causes:

Underinflated tires
Overloaded vehicles
Worn or aging tires
Road debris
Manufacturing defects

The trucking company, maintenance provider, or tire manufacturer may be liable.

How do brake failures get investigated?

Brake problems are a factor in approximately 29% of large truck crashes. We investigate:

Maintenance records
Brake inspection history
Out-of-service violations
ECM data showing brake performance
Post-crash brake system analysis

If the trucking company failed to maintain proper brakes, they are liable for negligence.

What if the truck’s dashcam recorded the accident?

Dashcam footage can be powerful evidence. We demand preservation of all video evidence immediately. Some systems record:

Forward-facing video
Cab interior video
Audio recordings
GPS and speed data

This footage can prove exactly what happened.

Can I get the truck’s GPS data?

YES. GPS and telematics data shows:

The truck’s exact location before and during the accident
Speed at all points
Route taken
Driver behavior patterns

This data can prove speeding, HOS violations, and other negligent behavior.

What if the trucking company goes bankrupt?

Many trucking companies carry substantial insurance policies. Even if the company goes bankrupt, their insurance may still be available to compensate you. We identify all available insurance coverage.

How are future medical expenses calculated?

For catastrophic injuries requiring long-term care, we work with:

Medical experts to project future treatment needs
Life care planners to develop comprehensive care plans
Economic experts to calculate present value of future expenses

These projections ensure you’re compensated for all future medical needs.

What is loss of consortium?

Loss of consortium compensates family members for:

Loss of companionship
Loss of affection
Loss of household services
Impact on marital relationship

Spouses and children may be entitled to these damages.

When are punitive damages available?

Punitive damages may be awarded when the trucking company or driver acted with:

Gross negligence
Willful misconduct
Conscious indifference to safety
Fraud (falsifying logs, destroying evidence)

These damages punish the wrongdoer and deter future misconduct.

How much are 18-wheeler accident cases worth in Wise County?

Case values depend on many factors:

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

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.

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

Wise County 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 Wise County?

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.

What if I was partially at fault for the accident?

Texas follows 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. For example, if you’re 20% at fault, you recover 80% of your damages.

What if the truck driver was an independent contractor?

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

The degree of control the company had over the driver
Whether the company properly vetted the driver
What insurance coverage is available

Both the driver and the company may be liable.

What if road conditions contributed to my accident?

Government entities may be liable for:

Dangerous road design
Failure to maintain roads
Inadequate signage
Failure to install safety barriers

Sovereign immunity limits government liability, but we can often overcome these protections.

Can I sue for PTSD after a trucking accident?

YES. PTSD (Post-Traumatic Stress Disorder) is a compensable injury. Symptoms may include:

Flashbacks to the accident
Nightmares
Anxiety and depression
Avoidance of driving or certain locations
Emotional distress

We work with mental health professionals to document your PTSD and its impact on your life.

What if I have pre-existing conditions?

Insurance companies often try to blame pre-existing conditions for your injuries. We work with medical experts to:

Document how the accident aggravated your condition
Prove the accident caused new injuries
Establish the full extent of your damages

Texas law requires defendants to “take the plaintiff as they find them.”

How do you prove the driver was fatigued?

We use multiple methods:

ELD data showing hours of service violations
Dispatch records showing long hours
Cell phone records showing late-night communications
Witness testimony about driver behavior
Expert testimony on fatigue effects

Fatigue slows reaction time and impairs judgment – just like alcohol.

What if the trucking company destroyed evidence?

Destroying evidence after receiving notice of litigation 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

We send spoliation letters immediately to prevent evidence destruction.

What if the trucking company offers me money quickly?

BEWARE. 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.

How do you calculate pain and suffering?

Pain and suffering are non-economic damages that compensate for:

Physical pain
Emotional distress
Loss of enjoyment of life
Disfigurement
Physical impairment

We document:

Your daily pain levels
How injuries affect your activities
Emotional impact
Testimony from family and friends

What if I can’t afford medical treatment?

We can help you get the medical treatment you need through:

Letters of Protection (LOP) with medical providers
Medical liens
Health insurance (if available)
Other funding options

Getting proper treatment is critical for both your health and your case.

What if the trucking company blames me for the accident?

Insurance companies are trained to shift blame. We counter with:

Black box data
ELD records
Witness testimony
Accident reconstruction
Expert analysis

The objective evidence often tells a different story than the driver’s claims.

How do you handle cases with multiple injured parties?

When multiple people are injured in a trucking accident, we:

Coordinate with other attorneys
Ensure all parties are fairly compensated
Protect your interests throughout the process
Work to maximize recovery for all injured parties

What if the truck was carrying hazardous materials?

Hazmat trucking accidents create additional liability:

Higher insurance requirements ($5 million minimum)
Additional regulations governing transport
Specialized handling requirements
Environmental cleanup liability

These cases often involve multiple liable parties and substantial damages.

How do you handle wrongful death cases?

In wrongful death cases, we:

Work with grieving families with compassion
Investigate thoroughly to establish liability
Document all damages (lost income, loss of companionship, etc.)
Fight for maximum compensation
Handle all legal details so families can focus on healing

What if the trucking company is based in another state?

Interstate trucking cases often involve federal regulations and may be filed in federal court. Our federal court experience allows us to handle these complex cases effectively.

How do you handle cases with uninsured or underinsured motorists?

If the at-fault trucking company has insufficient insurance, we:

Pursue all available insurance policies
Explore other liable parties
Look for additional coverage through your own policy
Fight for maximum recovery from all sources

What if I was a passenger in the truck?

Passengers in commercial trucks have the same rights as other accident victims. We can pursue claims against:

The truck driver
The trucking company
Other liable parties

How do you handle cases with government vehicles?

Accidents involving government vehicles (such as county trucks) have special rules:

Shorter deadlines for filing claims
Sovereign immunity protections
Special notice requirements

We have experience handling these complex cases.

What if the accident happened in a construction zone?

Construction zone accidents may involve additional liability:

Government entities for improper signage
Construction companies for unsafe conditions
Trucking companies for driver negligence

We investigate all potentially liable parties.

How do you handle cases with multiple defendants?

When multiple parties are liable, we:

Identify all potentially responsible parties
Pursue claims against each one
Coordinate complex litigation
Ensure you recover from all available sources

What if the trucking company denies liability?

We build strong cases by:

Obtaining black box data
Analyzing ELD records
Inspecting the truck and trailer
Interviewing witnesses
Working with accident reconstruction experts
Documenting all damages

The evidence often proves liability despite denials.

How do you handle cases with disputed liability?

In disputed liability cases, we:

Gather all available evidence
Work with accident reconstruction experts
Analyze black box and ELD data
Interview witnesses
Build the strongest possible case

Even in disputed cases, we often find ways to prove liability.

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

Be cautious. Paying medical bills doesn’t compensate you for:

Lost wages
Pain and suffering
Future medical needs
Other damages

Always consult an attorney before accepting any offer.

How do you handle cases with catastrophic injuries?

For catastrophic injuries (TBI, spinal cord injury, amputation), we:

Work with medical experts to document all damages
Develop comprehensive life care plans
Calculate future medical needs
Fight for maximum compensation
Handle complex litigation

What if I don’t have health insurance?

We can help you get the medical treatment you need through:

Letters of Protection (LOP) with medical providers
Medical liens
Other funding options

Getting proper treatment is critical for your health and your case.

How do you handle cases with long-term disabilities?

For long-term disabilities, we:

Document the full impact on your life
Calculate lost earning capacity
Develop life care plans
Fight for compensation that accounts for your future needs

What if the trucking company tries to intimidate me?

Trucking companies may try to intimidate accident victims. We:

Protect you from harassment
Handle all communications
Fight aggressively for your rights
Never let them push you around

How do you handle cases with multiple insurance policies?

Trucking cases often involve multiple insurance policies:

Trucking company liability policy
Trailer interchange coverage
Cargo insurance
Owner-operator’s policy
Excess/umbrella coverage

We identify all available coverage to maximize your recovery.

What if the trucking company is out of business?

Even if the trucking company is out of business, their insurance may still be available. We:

Identify all insurance policies
Pursue claims against insurers
Explore other liable parties

How do you handle cases with international drivers?

International drivers must comply with U.S. regulations. We:

Verify driver qualifications
Check for proper licensing
Investigate training and experience
Ensure compliance with all regulations

What if the trucking company is based in another country?

International trucking companies must comply with U.S. regulations when operating in the U.S. We have experience handling these complex cases.

How do you handle cases with multiple languages involved?

Our firm includes Spanish-speaking attorneys and staff. We can:

Communicate directly with Spanish-speaking clients
Translate documents
Handle cases involving multiple languages

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

When to Call Attorney911 for Your Wise County 18-Wheeler Accident

If you or a loved one has been seriously injured in an 18-wheeler accident in Wise County, call us immediately if:

✅ You’ve suffered catastrophic injuries (TBI, spinal cord injury, amputation, burns)
✅ Your loved one was killed in the accident
✅ The trucking company is pressuring you to settle quickly
✅ You’re not sure who was at fault
✅ Multiple vehicles were involved
✅ The accident happened on US 287, FM 51, or other Wise County highways
✅ You’re facing mounting medical bills
✅ You can’t work due to your injuries
✅ The insurance company is denying your claim
✅ You’re not sure what to do next

Your Fight Starts with One Call

If you’ve been hurt in an 18-wheeler accident in Wise County, you don’t have to fight the trucking companies alone. We’re here to help.

Call Attorney911 now at 1-888-ATTY-911 for a free consultation. We’re available 24/7 to take your call and begin fighting for the compensation you deserve.

Our Wise County 18-wheeler accident attorneys offer:

Free consultations
No fee unless we win
24/7 availability
Immediate evidence preservation
Aggressive representation against trucking companies
Multi-million dollar track record

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

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