Hit-and-Run Truck Accident in Cibolo, Texas: Holding Negligent Drivers Accountable
A Life Cut Short on West Avenue
Around 1:25 a.m. on February 18, 2026, Reo James Mitchell, 37, was in the parking lot of a North Side apartment complex in the 11000 block of West Avenue, near Blanco Road in Cibolo, Texas. What should have been a routine moment turned tragic when witnesses at a nearby gas station heard yelling before Mitchell was struck by a white truck that fled the scene without stopping.
The impact was catastrophic. Mitchell was rushed to the hospital in critical condition, but his injuries proved too severe. He was later pronounced dead. The Bexar County Medical Examiner’s Office ruled his death was caused by blunt force injuries due to an accident.
This wasn’t just a hit-and-run—it was a preventable tragedy. And now, the driver who left the scene must be held accountable.
At Attorney911, we’ve seen too many cases like this. Our managing partner, Ralph Manginello, has spent over 25 years fighting for victims of trucking accidents across Texas. We know how these cases unfold, and we know how to fight back.
Who Is Liable in a Hit-and-Run Truck Accident?
One of the biggest challenges in hit-and-run cases is identifying the responsible parties. However, even if the driver is never found, there may still be avenues for compensation. Here’s who could be held liable:
1. The Truck Driver
The driver is the most obvious liable party. If they are identified, they can be held personally responsible for negligence, reckless driving, or violating traffic laws.
Potential Violations:
– 49 CFR § 392.2 – Prohibits operating a CMV in a careless or reckless manner
– 49 CFR § 392.5 – Prohibits driving under the influence of alcohol or drugs
– 49 CFR § 395 – Hours-of-service violations (fatigue-related crashes)
– Texas Transportation Code § 550.021 – Failure to stop and render aid
2. The Trucking Company
Even if the driver fled, the trucking company that employed them may still be liable under the legal doctrine of respondeat superior (let the master answer). This means employers can be held responsible for their employees’ actions if the accident occurred within the scope of employment.
Potential Liabilities:
– Negligent Hiring – If the company failed to properly vet the driver’s background, including criminal history, driving record, or drug/alcohol violations.
– Negligent Training – If the driver was not adequately trained on safety protocols, accident response, or federal regulations.
– Negligent Supervision – If the company failed to monitor the driver’s compliance with hours-of-service rules or other safety regulations.
– Negligent Maintenance – If the truck had mechanical issues (e.g., faulty brakes, worn tires) that contributed to the accident.
Key Evidence:
– Driver Qualification File (DQF) – Required under 49 CFR § 391.51, this file must include the driver’s employment application, driving record, medical certification, and drug test results.
– Hours-of-Service (HOS) Logs – Electronic Logging Device (ELD) data can reveal if the driver was fatigued or violating federal rest requirements.
– Maintenance Records – Required under 49 CFR § 396.3, these records show whether the truck was properly inspected and repaired.
3. The Truck Owner (If Different from the Carrier)
In some cases, the truck may be owned by a separate entity (e.g., an owner-operator leasing to a carrier). The owner could be liable for negligent entrustment if they knew or should have known the driver was unfit to operate the vehicle.
4. The Cargo Owner or Shipper
If the truck was carrying cargo, the company that loaded it could be liable if:
– The cargo was improperly secured, causing the driver to lose control.
– The cargo was overweight, exceeding the truck’s capacity.
– The shipper pressured the driver to meet unrealistic deadlines, leading to reckless driving.
5. The Maintenance Company
If a third-party maintenance provider serviced the truck, they could be liable for:
– Failing to identify and repair critical safety issues (e.g., brake failures, tire defects).
– Using substandard or incorrect parts.
– Returning the truck to service with known defects.
6. The Truck or Parts Manufacturer
If a mechanical failure caused the accident, the manufacturer of the truck or its components (e.g., brakes, tires, steering system) could be liable for product liability. Common defects include:
– Brake failures – Sudden loss of braking power due to design or manufacturing defects.
– Tire blowouts – Defective tires that fail under normal driving conditions.
– Steering system failures – Loss of control due to faulty steering components.
7. Government Entities (In Rare Cases)
If poor road conditions contributed to the accident, a government entity (e.g., city, county, or state) could be liable for:
– Dangerous road design – Sharp curves, inadequate signage, or poor lighting.
– Failure to maintain roads – Potholes, debris, or lack of proper drainage.
– Inadequate traffic control – Missing or malfunctioning traffic signals.
Note: Government liability is limited by sovereign immunity, and claims must be filed within strict deadlines. In Texas, you typically have 6 months to file a notice of claim against a government entity.
The Damages: What Compensation Is Available?
In a wrongful death case like this, the surviving family members may be entitled to compensation for:
Economic Damages
- Medical Expenses – Costs of emergency care, hospitalization, and any treatment before death.
- Funeral and Burial Expenses – Reasonable costs of laying your loved one to rest.
- Lost Income – The financial support the deceased would have provided to their family.
- Loss of Benefits – Pension, retirement, or other benefits the deceased would have earned.
- Loss of Inheritance – The assets the deceased would have accumulated and passed on.
Non-Economic Damages
- Loss of Consortium – The loss of love, companionship, and emotional support.
- Mental Anguish – The emotional pain and suffering caused by the loss.
- Loss of Guidance and Nurturing – The impact on children who lose a parent.
- Pain and Suffering – The physical and emotional pain the deceased experienced before death.
Punitive Damages
In cases of gross negligence or willful misconduct, punitive damages may be available to punish the wrongdoer and deter future misconduct. Examples include:
– A driver who fled the scene knowing the victim was seriously injured.
– A trucking company that pressured drivers to violate safety regulations.
– A company that destroyed evidence to cover up wrongdoing.
Texas Law: Under Texas Civil Practice and Remedies Code § 41.008, punitive damages are capped at the greater of:
– $200,000, or
– Two times the amount of economic damages plus an equal amount of non-economic damages (up to $750,000).
What to Do If You’re Involved in a Hit-and-Run Truck Accident
If you or a loved one is involved in a hit-and-run truck accident, follow these steps to protect your rights:
1. Call 911 Immediately
Report the accident to law enforcement and request medical assistance. Even if injuries seem minor, get checked out—some injuries (e.g., traumatic brain injury, internal bleeding) may not be immediately apparent.
2. Document the Scene
If you’re able, take photos and videos of:
– The accident scene, including skid marks, debris, and road conditions.
– Your injuries and any damage to your vehicle.
– The fleeing truck, if visible (license plate, company logo, color, make/model).
– Nearby businesses or traffic cameras that may have captured the accident.
3. Gather Witness Information
Get the names and contact information of any witnesses. Their statements could be critical in identifying the truck and driver.
4. Seek Medical Attention
Go to the hospital or urgent care immediately. Delaying treatment can worsen your injuries and give the insurance company ammunition to deny your claim.
5. Do NOT Speak to the Trucking Company’s Insurance
Insurance adjusters are trained to minimize your claim. Anything you say can be used against you. Do not give a recorded statement without consulting an attorney.
6. Contact an Experienced Trucking Accident Attorney
Hit-and-run truck accidents are complex, and the trucking company will have a team of lawyers working to protect their interests. You need someone on your side who knows how to fight back.
Landmark Cases That Show What’s Possible
While every case is unique, landmark trucking accident verdicts demonstrate what’s possible when negligent trucking companies are held accountable:
$462 Million – St. Louis, MO (2024)
A jury awarded $462 million to the families of two men who were decapitated in an underride accident. The verdict included $400 million in punitive damages against the trucking company for failing to install proper underride guards.
Why It Matters: This case shows that juries are willing to impose massive punitive damages when trucking companies ignore safety regulations.
$160 Million – Alabama (2024)
A jury awarded $160 million to a man who was left quadriplegic after a rollover accident. The trucking company was found liable for negligent hiring and training, as the driver had a history of reckless driving.
Why It Matters: This case highlights the importance of holding trucking companies accountable for hiring unqualified drivers.
$730 Million – Texas (2021)
A Texas jury awarded $730 million to the family of a woman killed by an oversize load. The verdict included $250 million in punitive damages against the trucking company for gross negligence.
Why It Matters: This case demonstrates that Texas juries are willing to award nuclear verdicts when trucking companies act with reckless disregard for safety.
Frequently Asked Questions About Hit-and-Run Truck Accidents
1. What should I do if I’m involved in a hit-and-run truck accident?
Call 911, document the scene, gather witness information, seek medical attention, and contact an experienced trucking accident attorney immediately.
2. How long do I have to file a lawsuit in Texas?
In Texas, the statute of limitations for personal injury and wrongful death claims is 2 years from the date of the accident. However, you should never wait—evidence disappears quickly, and the sooner you act, the stronger your case will be.
3. Can I still recover compensation if the truck driver is never found?
Yes. Even if the driver is never identified, you may still be able to recover compensation from:
– The trucking company (if the truck is identified).
– Your own uninsured/underinsured motorist (UM/UIM) coverage.
– Other liable parties, such as the cargo owner or maintenance provider.
4. How much is my hit-and-run truck accident case worth?
The value of your case depends on several factors, including:
– The severity of your injuries.
– The extent of your medical expenses.
– The impact on your ability to work.
– The degree of the trucking company’s negligence.
– The available insurance coverage.
While every case is unique, trucking accident cases often result in higher settlements than typical car accidents due to the trucking company’s higher insurance limits.
5. Will my case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. This gives us leverage in negotiations and ensures we’re ready to fight for you in court if necessary.
6. How much does it cost to hire Attorney911?
We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case. Our fee is a percentage of the recovery, and we advance all costs of litigation.
7. What if the trucking company claims I was at fault?
Texas follows a modified comparative negligence rule. This means you can still recover compensation as long as you are not more than 50% at fault. If you are found to be partially at fault, your compensation will be reduced by your percentage of fault.
For example, if you are found to be 20% at fault, you can still recover 80% of your damages.
8. Can I sue the trucking company even if the driver was an independent contractor?
Yes. Even if the driver was an independent contractor, the trucking company may still be liable under theories of negligent hiring, training, or supervision.
9. What if the trucking company destroys evidence?
Destroying evidence after receiving notice of a potential lawsuit is called spoliation. Courts can impose severe penalties for spoliation, including:
– Adverse inference instructions (telling the jury to assume the destroyed evidence was unfavorable).
– Monetary sanctions.
– Default judgment against the defendant.
10. How long will my case take to resolve?
The timeline varies depending on the complexity of your case. Simple cases may settle in 6-12 months, while complex cases that go to trial can take 2-4 years.
Take Action Now: Your Future Depends on It
Every minute you wait, evidence disappears. Black box data gets overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company’s rapid-response team is already working to protect their interests—you need someone protecting yours.
At Attorney911, we have the experience, resources, and dedication to take on the trucking companies and win. Our managing partner, Ralph Manginello, has been fighting for injury victims for over 25 years, and we’ve recovered millions of dollars for clients just like you.
Here’s what you need to do right now:
- Call us at 1-888-ATTY-911 – We answer 24/7, and your consultation is free.
- Don’t speak to the insurance company – Let us handle all communications.
- Focus on your recovery – We’ll handle the legal battle so you can focus on healing.
Remember: The trucking company has lawyers. So should you. Call Attorney911 today at 1-888-ATTY-911.
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This is not just another law firm—this is Attorney911. We fight for you like your future depends on it. Because it does.