Fatal I-65 Truck Crash in Kentucky: Why a Schertz, Texas Trucking Accident Lawyer Could Be Your Lifeline
Every year, thousands of families are devastated by 18-wheeler accidents on America’s highways. The recent fatal crash on northbound Interstate 65 near Lebanon Junction, Kentucky—where a 29-year-old man lost his life after striking the rear of a tractor-trailer—is a tragic reminder of how quickly lives can change when commercial trucks and passenger vehicles collide.
At Attorney911, we’ve spent over 25 years fighting for victims of catastrophic trucking accidents. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts against some of the nation’s largest trucking companies. We know the tactics these corporations use to avoid accountability—and we know how to counter them.
If you or a loved one has been injured in a trucking accident in Schertz, Texas or anywhere in the Lone Star State, this case contains critical lessons about what really causes these crashes and how to protect your rights. Let’s break down what happened, why it matters for Texas drivers, and what you need to know if you’re ever in a similar situation.
Why This Crash Matters for Schertz, Texas Drivers
While this tragedy occurred in Kentucky, the same dangers exist on Texas highways every day. Schertz sits at the crossroads of major trucking corridors:
- Interstate 35 – The NAFTA superhighway connecting Mexico to Canada
- Interstate 10 – The Gulf Coast freight artery
- Highway 123 – A major route through the San Antonio metro area
- FM 78 – Connecting to distribution centers and manufacturing facilities
These routes carry some of the heaviest truck traffic in the nation. In fact, Texas leads the United States in trucking-related fatalities, with over 600 deaths annually involving large trucks.
The factors that likely contributed to this Kentucky crash—traffic slowdowns, rear-end collisions, and potential driver fatigue—are daily realities on Texas roads. Let’s examine what probably went wrong and how similar accidents could be prevented.
2. Traffic Slowdowns: A Known Hazard on Texas Highways
The Kentucky State Police reported that traffic had slowed due to an earlier crash near the 106-mile marker. This is a common scenario on Texas highways, particularly:
- I-35 through San Antonio – One of the most congested freight corridors in the nation
- I-10 near Houston – Heavy port-related truck traffic
- I-45 between Houston and Dallas – High accident rates due to traffic density
The Problem with Traffic Slowdowns:
– Trucks require significantly more distance to stop than passenger vehicles
– A truck traveling at 65 mph needs 525 feet to come to a complete stop—nearly two football fields
– Passenger cars need only about 300 feet
– This disparity means trucks often cannot stop in time when traffic suddenly slows
Federal Regulations Violated:
– 49 CFR § 392.2 – Applicable Operating Rules: “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated.”
– 49 CFR § 392.14 – Hazardous Conditions: “Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions… adversely affect visibility or traction. Speed shall be reduced when such conditions exist.”
Texas-Specific Danger:
The Texas Department of Transportation reports that rear-end collisions are the most common type of accident on Texas highways, accounting for nearly 30% of all crashes. With our state’s growing population and increasing freight traffic, these numbers continue to rise.
4. Underride Collisions: A Preventable Tragedy
While the Kentucky State Police haven’t released details about the specific nature of the impact, rear-end collisions with tractor-trailers often result in underride crashes—where the passenger vehicle slides underneath the trailer.
The Underride Danger:
– Trailers typically sit 45-55 inches above the road
– The average car hood is only 30-40 inches high
– In a rear-end collision, the car can slide underneath the trailer
– This often shears off the roof of the passenger vehicle
– Occupants frequently suffer decapitation or catastrophic head injuries
Federal Underride Guard Requirements:
– 49 CFR § 393.86 – Rear Impact Guards: Trailers manufactured after January 26, 1998 must have rear impact guards
– These guards must prevent underride at 30 mph impacts
– NO FEDERAL REQUIREMENT for side underride guards (though they’re standard on many trailers)
Why This Matters:
If this crash involved an underride collision, the trucking company could be liable for:
– Inadequate or missing rear impact guards
– Failure to maintain guards in proper condition
– Failure to install side underride guards (if applicable)
The Legal Fallout: Who Can Be Held Accountable?
In trucking accident cases, multiple parties can be held liable. Unlike car accidents where typically only one driver is at fault, trucking crashes often involve a web of companies and individuals who all contributed to the dangerous conditions.
1. The Truck Driver (Shakisha Brewington)
The driver may be personally liable for:
– Speeding or reckless driving
– Following too closely
– Fatigued driving (HOS violations)
– Distracted driving (cell phone use, dispatch communications)
– Failure to conduct proper pre-trip inspections
– Violation of traffic laws
Evidence We Would 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
3. Additional Potentially Liable Parties
In many trucking cases, additional parties may share responsibility:
| Party | Potential Liability |
|---|---|
| Cargo Owner / Shipper | Improper loading instructions, failure to disclose hazardous cargo, pressure to expedite |
| Cargo Loading Company | Improper cargo securement, unbalanced load distribution, exceeding weight limits |
| Truck/Trailer Manufacturer | Defective brakes, tires, steering components, or underride guards |
| Parts Manufacturer | Defective components that failed (brakes, tires, couplings) |
| Maintenance Company | Negligent repairs, failure to identify critical safety issues |
| Freight Broker | Negligent selection of carrier with poor safety record |
| Government Entity | Dangerous road design, inadequate signage, failure to maintain roads |
What to Do If You’re in a Trucking Accident in Schertz, Texas
If you or a loved one is involved in a trucking accident, follow these critical steps:
1. Seek Medical Attention Immediately
Even if you feel fine, get checked out. Adrenaline masks pain, and some injuries (like traumatic brain injury or internal bleeding) may not show symptoms immediately.
2. Call the Police and File a Report
Texas law requires reporting accidents that result in injury, death, or property damage that prevents the vehicle from being driven. A police report creates an official record that will be crucial for your case.
3. Document Everything
- Take photos of all vehicles involved (inside and out)
- Photograph the accident scene, road conditions, and any skid marks
- Get the truck’s license plate, DOT number, and company information
- Collect witness names and contact information
- Take photos of your injuries
“Your cellphone is one of the most powerful tools in your trucking accident case. We’ve seen cases won or lost based on whether victims documented the scene properly. Take more photos than you think you need—you can always delete extras later.” — Ralph Manginello
4. Do NOT Give Statements to Insurance Adjusters
Insurance adjusters work for the trucking company, not for you. Anything you say will be used to minimize your claim. Politely decline to give any recorded statements and refer them to your attorney.
5. Contact a Trucking Accident Attorney Immediately
Critical evidence in trucking cases disappears quickly:
| 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 |
At Attorney911, we send spoliation letters within 24-48 hours of being retained to preserve this evidence before it’s lost forever.
Why Choose Attorney911 for Your Trucking Accident Case?
When you’re up against trucking companies with teams of lawyers and millions in insurance coverage, you need a law firm with the experience, resources, and tenacity to fight for you. Here’s why Attorney911 is the right choice:
1. 25+ Years of Trucking Litigation Experience
Ralph Manginello has been fighting for trucking accident victims since 1998. Our firm has handled cases against:
- Walmart trucking operations
- Amazon delivery vehicles
- FedEx trucks
- UPS trucks
- Coca-Cola distribution vehicles
- Numerous commercial trucking companies
2. Insider Knowledge of Insurance Company Tactics
Our team includes attorneys who previously worked in insurance defense. We know exactly how insurance companies evaluate, minimize, and deny claims. This insider knowledge gives us a significant advantage in negotiations and litigation.
“We’ve seen what trucking companies do after an accident. They send rapid-response teams to the scene. They have investigators and lawyers working immediately to protect their interests. You need someone on your side who moves just as fast—and knows all their tricks.” — Lupe Peña, Associate Attorney, Attorney911
3. Federal Court Experience
We’re admitted to practice in the U.S. District Court, Southern District of Texas. This is crucial for interstate trucking cases, which often involve federal regulations and can be filed in federal court.
4. Multi-Million Dollar Results
While every case is unique, we’ve secured significant settlements and verdicts for our clients:
- $5+ Million – Logging brain injury settlement
- $3.8+ Million – Car accident amputation settlement
- $2.5+ Million – Truck crash recovery
- $2+ Million – Maritime back injury settlement
- Millions recovered for families in trucking-related wrongful death cases
5. Bilingual Services
At Attorney911, we understand that many trucking accident victims in Texas speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.
“Hablamos Español. If you or a loved one has been injured in a trucking accident and Spanish is your primary language, call us at 1-888-ATTY-911. We’ll make sure you understand your rights and get the compensation you deserve.”
6. No Fee Unless We Win
We work on a contingency fee basis—you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us.
Common Trucking Company Defenses (And How We Counter Them)
Trucking companies and their insurance carriers use several common defenses to avoid liability. Here’s how we counter them:
1. “The Accident Was Your Fault”
Their Claim: You were speeding, distracted, or otherwise at fault.
Our Response:
– Gather all available evidence (ECM data, witness statements, surveillance footage)
– Hire accident reconstruction experts
– Use Texas’s modified comparative negligence rule—you can still recover as long as you’re not more than 50% at fault
2. “Your Injuries Aren’t That Serious”
Their Claim: Your injuries are minor or pre-existing.
Our Response:
– Obtain comprehensive medical documentation
– Work with medical experts to prove the full extent of your injuries
– Document how your injuries affect your daily life
– Use the “eggshell skull” doctrine—they take you as they find you
3. “We Didn’t Violate Any Regulations”
Their Claim: They complied with all FMCSA regulations.
Our Response:
– Obtain the trucking company’s CSA scores and inspection history
– Subpoena driver qualification files and maintenance records
– Look for patterns of violations
– Argue negligence per se if any regulations were violated
4. “The Driver Was an Independent Contractor”
Their Claim: The driver wasn’t their employee, so they’re not liable.
Our Response:
– Investigate the true nature of the relationship
– Look for evidence of control (schedules, routes, equipment)
– Pursue claims against the truck owner for negligent entrustment
5. “You Waited Too Long to Get Treatment”
Their Claim: Your injuries must not be related to the accident.
Our Response:
– Document all treatment
– Explain any gaps with medical records
– Show how injuries developed over time
How Texas Law Affects Your Trucking Accident Case
Texas has specific laws that affect trucking accident cases:
1. Statute of Limitations
In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. This may seem like a long time, but critical evidence can disappear quickly. The sooner you contact an attorney, the stronger your case will be.
2. Modified Comparative Negligence
Texas follows a modified comparative negligence rule:
– You can recover damages as long as you’re not more than 50% at fault
– Your recovery is reduced by your percentage of fault
– Example: If you’re 20% at fault, you recover 80% of your damages
3. Damage Caps
Texas has no cap on compensatory damages for personal injury cases. However:
– Punitive damages are capped at the greater of:
– $200,000, OR
– Two times economic damages plus non-economic damages (up to $750,000)
4. Wrongful Death Claims
If a loved one was killed in a trucking accident, Texas allows wrongful death claims by:
– Surviving spouse
– Children (minor and adult)
– Parents
Damages available include:
– Lost future income
– Loss of companionship and guidance
– Mental anguish
– Funeral expenses
– Punitive damages (if gross negligence)
What to Do Right Now
If you or a loved one has been injured in a trucking accident in Schertz, Texas or anywhere in the Lone Star State, time is critical. Here’s what you need to do right now:
1. Call Attorney911 Immediately
Every hour you wait, evidence in your case is disappearing. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw.
Call us 24/7 at:
📞 1-888-ATTY-911 (1-888-288-9911)
📞 (713) 528-9070
2. Get a Free Case Evaluation
We offer free, no-obligation consultations. During this call, we’ll:
– Listen to your story
– Explain your legal rights
– Answer all your questions
– Tell you if we can help
3. Let Us Handle Everything
Once you hire us, we take care of everything:
– Send spoliation letters to preserve evidence
– Handle all communication with insurance companies
– Help you get the medical care you need
– Investigate the accident thoroughly
– Build the strongest possible case
– Fight for maximum compensation
4. Focus on Your Recovery
While we handle the legal battle, you focus on what matters most—your health and your family.
The Bottom Line: You Deserve Justice
The fatal crash on I-65 in Kentucky is a tragic reminder of the dangers posed by commercial trucks on our highways. When trucking companies prioritize profits over safety, innocent people pay the price—often with their lives.
If you or a loved one has been injured in a trucking accident in Schertz, Texas or anywhere in the Lone Star State, you deserve justice. You deserve compensation for your medical bills, lost wages, pain and suffering, and all the other ways this accident has affected your life.
At Attorney911, we have the experience, resources, and tenacity to fight for you. We’ve secured multi-million dollar verdicts against some of the nation’s largest trucking companies. We know their tactics, and we know how to counter them.
“When an 18-wheeler changes your family’s life forever, you need a lawyer who treats you like family. You need someone who will fight for every dollar you deserve. That’s what we do at Attorney911.” — Ralph Manginello
Don’t wait. Evidence disappears quickly in trucking cases. The trucking company already has lawyers working to protect their interests. You deserve someone fighting for you.
Call Attorney911 now for your free consultation:
📞 1-888-ATTY-911 (1-888-288-9911)
📞 (713) 528-9070
Hablamos Español. Si usted o un ser querido ha sido lesionado en un accidente de camión, llámenos al 1-888-ATTY-911. Lupe Peña, nuestro abogado asociado, habla español con fluidez y puede ayudarle directamente.
Final Thoughts: You’re Not Alone
If you’re reading this after being injured in a trucking accident, we know how overwhelming this time can be. Medical bills are piling up. You can’t work. The insurance company is calling. And you’re trying to recover from serious injuries.
You don’t have to face this alone. At Attorney911, we’re here to help. We’ll handle the legal battle so you can focus on your recovery. We’ll fight for every dollar you deserve. And we’ll treat you like family every step of the way.
“This shouldn’t have happened to you. Let us fight for what you deserve.” — Ralph Manginello
Call us now at 1-888-ATTY-911. The consultation is free. The call is free. And you pay nothing unless we win your case.
Your fight starts with one call. We answer. We fight. We win.