Fatal Semi-Truck Collision on US-62 in Terry County Claims Life of Rolan Tomlison: Holding Trucking Companies Accountable in Lubbock, Texas

The Crash That Changed Everything

Around 6:45 a.m. on February 25, 2026, emergency crews responded to a catastrophic collision on US-62 near County Road 515, just northeast of Brownfield and about 35 miles southeast of Lubbock. What they found was a scene that has become all too familiar on Texas highways: a northbound pickup truck had crashed into a stalled semi-truck that had broken down while attempting to turn north from a crossover.

The driver of the pickup truck, later identified as 45-year-old Rolan Tomlison, died at the scene. The semi-truck driver escaped injury, but this fact offers little comfort to the family left behind. What should have been a routine morning commute or delivery run became a life-altering tragedy – one that could have been prevented with proper safety protocols and regulatory compliance.

At Attorney911, we’ve seen this scenario play out too many times across Texas. The Lubbock area, with its extensive network of highways serving agriculture, oilfield operations, and cross-country freight, sees more than its share of commercial vehicle accidents. US-62, in particular, serves as a critical corridor connecting Lubbock to the Permian Basin and points beyond, carrying heavy truck traffic that mixes with local commuter vehicles.

What Really Happened on US-62?

The details emerging from this incident paint a picture that should concern every driver in the Lubbock area:

• Location: US-62 near County Road 515, northeast of Brownfield
• Time: Approximately 6:45 a.m.
• Vehicles Involved: Northbound pickup truck and stalled semi-truck
• Circumstances: The semi had broken down while attempting to turn north from a crossover
• Outcome: Rolan Tomlison killed at the scene; semi driver uninjured

The fact that the semi-truck was stalled on the highway while attempting a turn from a crossover raises immediate questions about proper breakdown procedures. Federal regulations are clear about what truck drivers must do when their vehicles become disabled on roadways.

Under 49 CFR § 392.22, commercial motor vehicle drivers are required to:
– Immediately activate hazard warning signal flashers
– Place warning devices (reflective triangles or flares) within 10 minutes
– Place one device on the traffic side of the vehicle, 10 feet from the front or rear
– Place one device 100 feet in front of and one 100 feet behind the vehicle
– Place one additional device at the traffic side approximately 100 feet from the rear of the vehicle

The fact that a pickup truck was able to collide with the stalled semi suggests these critical safety measures may not have been properly implemented. This potential regulatory violation could form the basis of a negligence claim against the trucking company and driver.

The Dangers of Stalled Trucks on Texas Highways

Stalled commercial vehicles present unique hazards on highways, particularly in the early morning hours when visibility may be reduced. The size and weight of an 18-wheeler make it nearly invisible to approaching vehicles if not properly marked. This is especially true on rural highways like US-62, where street lighting may be minimal.

In the Lubbock area, we see these risks compounded by:
– High-speed traffic mixing with agricultural vehicles on rural routes
– Oilfield truck traffic that often operates on tight schedules
– Long stretches of straight highway that can lead to driver fatigue and reduced attention
– Variable weather conditions that affect visibility and road traction
– Limited emergency response resources in rural areas

The physics of these collisions are devastating. An 80,000-pound semi-truck presents an immovable barrier to a 4,000-pound pickup truck. The energy transfer in such collisions is catastrophic, often resulting in fatal injuries to the occupants of smaller vehicles.

Who Is Responsible? Identifying All Potentially Liable Parties

In trucking accident cases, multiple parties may share responsibility for the crash. Our investigation would focus on identifying all potentially liable entities:

1. The Semi-Truck Driver

The driver may be personally liable for:
– Failing to properly secure the vehicle when it became disabled
– Not following federal breakdown procedures (49 CFR § 392.22)
– Possible fatigue or distraction that contributed to the breakdown
– Any traffic violations that may have led to the initial stall

2. The Trucking Company

The motor carrier that employed the driver may be liable under several legal doctrines:

Vicarious Liability (Respondeat Superior):
Under this principle, employers are responsible for the negligent acts of their employees when those acts occur within the scope of employment. If the driver was acting as an employee when the accident occurred, the trucking company would share liability.

Negligent Hiring:
Trucking companies have a duty to hire qualified, competent drivers. This includes:
– Conducting thorough background checks
– Verifying commercial driver’s licenses (CDLs)
– Reviewing driving records for previous violations
– Ensuring proper medical certification

Negligent Training:
Federal regulations require comprehensive training for commercial drivers. The trucking company may be liable if they failed to:
– Train drivers on proper breakdown procedures
– Educate drivers on hours-of-service regulations
– Provide safety training for rural highway operations

Negligent Supervision:
Companies must monitor their drivers’ performance and compliance with regulations. Evidence of:
– Pattern of hours-of-service violations
– Previous breakdown incidents
– Safety violations in company records
could establish negligent supervision.

Negligent Maintenance:
If the breakdown resulted from mechanical failure, the company may be liable for:
– Failing to conduct required pre-trip inspections
– Not addressing known mechanical issues
– Deferring maintenance to save costs
– Using substandard parts or repair procedures

3. The Truck Owner (If Different from the Carrier)

In some cases, the truck may be owned by a different entity than the motor carrier. The owner may share liability for:
– Negligent entrustment of the vehicle
– Failure to maintain the truck in safe condition
– Knowledge of mechanical issues that contributed to the breakdown

4. Maintenance Providers

If a third-party maintenance company serviced the truck, they may be liable for:
– Improper repairs that led to the breakdown
– Failure to identify critical safety issues
– Using substandard parts or procedures
– Not following manufacturer specifications

5. Government Entities

While less common, government liability might exist if:
– Poor road design contributed to the accident
– Inadequate signage failed to warn of the crossover
– Road maintenance issues created hazardous conditions
– Traffic control devices were malfunctioning

The Critical Evidence That Will Determine This Case

In trucking accident cases, evidence disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. Critical evidence that must be preserved includes:

Electronic Data

• ECM/Black Box Data: Records speed, braking, throttle position, and fault codes
• ELD Records: Electronic logging device data showing hours of service compliance
• GPS/Telematics: Real-time location and route history
• Dashcam Footage: Video of the accident and driver behavior
• Cell Phone Records: Evidence of distracted driving

Driver Records

• Driver Qualification File: Employment application, background check, training records
• Medical Certification: Current DOT medical examiner’s certificate
• Drug/Alcohol Test Results: Pre-employment and post-accident testing
• Hours of Service Logs: For the 6 months prior to the accident
• Previous Employment Records: 3-year driving history investigation

Vehicle Records

• Maintenance Records: For the past year
• Inspection Reports: Pre-trip, post-trip, and annual inspections
• Repair Orders: Work performed on the vehicle
• Tire Records: Purchase and replacement history
• Brake Adjustment Records: Compliance with 49 CFR § 393.48

Company Records

• Safety Policies: Written procedures for breakdowns and emergencies
• Training Materials: Curriculum used to train drivers
• Dispatch Records: Communications with the driver
• CSA Scores: Company’s Compliance, Safety, Accountability scores
• Previous Accident History: Pattern of similar incidents

Physical Evidence

• The Truck and Trailer: Must be preserved for inspection
• Failed Components: Any parts that may have contributed to the breakdown
• Cargo: If cargo shift or securement issues were involved
• Scene Evidence: Skid marks, debris patterns, road conditions

At Attorney911, we send spoliation letters within 24-48 hours of being retained to preserve this evidence. Once we notify the trucking company of potential litigation, they have a legal duty to preserve all relevant evidence. Failure to do so can result in court sanctions, adverse inferences, or even default judgment.

FMCSA Regulations That May Have Been Violated

Federal Motor Carrier Safety Administration (FMCSA) regulations exist to prevent exactly this type of tragedy. Several key regulations appear to be directly relevant to this incident:

1. Breakdown Procedures (49 CFR § 392.22)

As mentioned earlier, this regulation requires immediate activation of hazard lights and proper placement of warning devices within 10 minutes of a breakdown. The fact that a collision occurred suggests these procedures may not have been followed.

2. Driver Qualification Standards (49 CFR Part 391)

This comprehensive set of regulations governs who can legally operate a commercial motor vehicle. Key requirements include:
– Minimum Age: 21 years for interstate commerce
– Medical Certification: Must pass DOT physical examination
– Driving Record: No disqualifying offenses
– Training: Must be properly trained for the vehicle and cargo type

3. Hours of Service Regulations (49 CFR Part 395)

These rules limit how long drivers can operate commercial vehicles to prevent fatigue-related accidents:
– 11-Hour Driving Limit: Maximum 11 hours driving after 10 consecutive hours off duty
– 14-Hour On-Duty Window: Cannot drive beyond 14th consecutive hour after coming on duty
– 30-Minute Break: Required after 8 cumulative hours of driving
– 60/70-Hour Limit: 60 hours in 7 days or 70 hours in 8 days

If the driver was fatigued when the breakdown occurred, hours-of-service violations could be a contributing factor.

4. Vehicle Inspection and Maintenance (49 CFR Part 396)

This part requires systematic inspection, repair, and maintenance of all commercial motor vehicles. Key requirements include:
– Pre-Trip Inspections: Drivers must inspect vehicles before each trip
– Post-Trip Inspections: Drivers must prepare written reports of vehicle condition
– Annual Inspections: Comprehensive inspection of all major systems
– Record Retention: Maintenance records must be kept for 1 year

If the breakdown resulted from mechanical failure, maintenance record violations could establish negligence.

5. General Driving Rules (49 CFR Part 392)

This part establishes basic safety rules for commercial vehicle operation, including:
– Ill or Fatigued Operators: Cannot operate when ability is impaired
– Alcohol and Drugs: Strict prohibitions on use while on duty
– Speed: Must be reasonable and prudent for conditions
– Following Distance: Must maintain safe following distance

The Human Cost: Why This Case Matters

Behind the legal and regulatory analysis lies the human tragedy of this accident. A 45-year-old man lost his life in an instant. His family is left grieving, facing an uncertain future without their loved one.

Wrongful death cases in Texas allow surviving family members to recover damages including:
– Lost future income that the deceased would have provided
– Loss of consortium – the companionship, care, and guidance the deceased provided
– Mental anguish and emotional suffering
– Funeral and burial expenses
– Medical expenses incurred prior to death
– Pain and suffering experienced by the deceased before death

In Texas, the statute of limitations for wrongful death claims is 2 years from the date of death. However, families should not wait to seek legal representation. Evidence disappears quickly, and early investigation is critical to building a strong case.

How This Incident Connects to Lubbock’s Trucking Risks

While this tragic accident occurred in Terry County, the same dangers exist throughout the Lubbock region. Our area’s unique combination of factors creates significant trucking accident risks:

1. Critical Trucking Corridors

Lubbock sits at the crossroads of several major trucking routes:
– US-82: Connects Lubbock to the Permian Basin and New Mexico
– US-62: The very route where this accident occurred, linking Lubbock to the Texas Panhandle
– US-84: Major east-west corridor through West Texas
– I-27: Connects Lubbock to Amarillo and the Texas Panhandle
– Loop 289: Lubbock’s major loop highway with heavy truck traffic

These routes carry a mix of long-haul freight, agricultural products, and oilfield equipment – creating a complex traffic environment where passenger vehicles and commercial trucks must share the road.

2. Agricultural Trucking

Lubbock is the heart of the South Plains agricultural region. During harvest seasons, our roads see increased truck traffic carrying:
– Cotton
– Grain
– Livestock
– Agricultural equipment

These seasonal peaks create additional risks as truck drivers work extended hours to meet harvest deadlines.

3. Oilfield Operations

The Permian Basin’s ongoing oil and gas activity generates significant truck traffic through the Lubbock area, including:
– Oilfield equipment transports
– Water haulers
– Sand trucks
– Fuel tankers

Oilfield trucking is particularly dangerous due to:
– Long hours and tight schedules
– Heavy, oversized loads
– Rural road conditions
– Driver fatigue from extended operations

4. Cross-Country Freight

Lubbock serves as a critical waypoint for cross-country freight moving between:
– California and the Midwest
– Mexico and the central United States
– The Gulf Coast and the Rocky Mountain region

This long-haul traffic contributes to driver fatigue and creates pressure to meet tight delivery schedules.

5. Rural Highway Dangers

Many of the routes serving Lubbock are rural highways with:
– Limited shoulders
– Minimal lighting
– Variable speed limits
– Mix of local and through traffic
– Agricultural equipment sharing the road

These conditions create unique challenges for commercial vehicle operations and increase the risk of serious accidents.

What Lubbock Drivers Need to Know About Sharing the Road with Trucks

This tragedy serves as a stark reminder of the dangers posed by commercial vehicles. Lubbock drivers should take these precautions when sharing the road with 18-wheelers:

1. Understand Truck Blind Spots

Commercial trucks have significant blind spots, often called “No-Zones”:
– Front No-Zone: 20 feet directly in front of the cab
– Rear No-Zone: 30 feet behind the trailer
– Left Side No-Zone: Extends from the cab door backward
– Right Side No-Zone: Extends from the cab door backward and is much larger than the left side

If you can’t see the truck driver in their mirrors, they likely can’t see you.

2. Avoid the “Squeeze Play”

Trucks often swing wide when making right turns, creating a gap that smaller vehicles may try to enter. This is extremely dangerous – the truck will swing back to complete the turn, potentially crushing any vehicle in that space.

3. Give Trucks Extra Space

• Following Distance: Maintain at least 4 seconds of following distance
• Passing: Allow extra space when passing and never cut in too closely
• Merging: Give trucks plenty of room when merging in front of them

4. Be Extra Cautious at Night

• Trucks are harder to see in low light conditions
• Rural highways often lack adequate lighting
• Driver fatigue is more common during overnight hours

5. Watch for Disabled Vehicles

• Be alert for stalled or disabled trucks on the roadway
• Slow down and move over when you see hazard lights
• Never assume a truck driver sees you approaching

6. Avoid Distractions

• Put your phone away when driving near trucks
• Stay focused on the road and surrounding traffic
• Be prepared for sudden stops or maneuvers

The Legal Process: What to Expect If You’ve Lost a Loved One in a Trucking Accident

If you’ve lost a family member in a trucking accident like the one that claimed Rolan Tomlison’s life, understanding the legal process can help you navigate this difficult time:

1. Initial Consultation

Most trucking accident attorneys offer free initial consultations. During this meeting, we’ll:
– Review the facts of the accident
– Explain your legal rights and options
– Discuss potential liable parties
– Outline the claims process

2. Investigation

Our team will immediately begin investigating the accident by:
– Sending spoliation letters to preserve evidence
– Obtaining police reports and accident scene photos
– Collecting witness statements
– Subpoenaing electronic data (ECM, ELD, GPS)
– Reviewing trucking company records
– Consulting with accident reconstruction experts

3. Identifying All Liable Parties

As discussed earlier, multiple parties may share responsibility. We’ll identify all potentially liable entities to maximize your recovery.

4. Medical and Financial Documentation

We’ll work with medical providers to document:
– The extent of injuries
– Treatment received
– Future medical needs
– Impact on quality of life

We’ll also document financial losses including:
– Lost income
– Funeral expenses
– Loss of future earning capacity
– Other economic damages

5. Demand and Negotiation

Once we’ve built a strong case, we’ll:
– Send a demand letter to the insurance companies
– Present evidence of liability and damages
– Negotiate aggressively for fair compensation

6. Litigation (If Necessary)

If we can’t reach a fair settlement through negotiation, we’ll:
– File a lawsuit before the statute of limitations expires
– Conduct discovery (depositions, document requests)
– Prepare the case for trial
– Present your case to a jury if necessary

7. Resolution

Most cases settle before trial, but we prepare every case as if it’s going to trial. This approach gives us maximum leverage in negotiations and ensures we’re ready to fight for you in court if needed.

Why Choose Attorney911 for Your Trucking Accident Case

At Attorney911, we’ve been fighting for trucking accident victims across Texas for over 25 years. Our managing partner, Ralph Manginello, has built a reputation for aggressive representation and multi-million dollar results. Here’s what sets our firm apart:

1. Trucking Industry Expertise

We specialize in commercial vehicle accidents and understand the complex regulations that govern the trucking industry. Our knowledge of FMCSA rules allows us to identify violations that other attorneys might miss.

2. Insider Knowledge of Insurance Tactics

Our team includes a former insurance defense attorney who knows exactly how trucking companies and their insurers operate. This insider knowledge gives us a significant advantage in negotiations and litigation.

3. Rapid Response Capability

We understand that evidence disappears quickly in trucking cases. That’s why we:
– Send spoliation letters within 24-48 hours
– Deploy accident reconstruction experts immediately
– Begin preserving electronic data before it’s overwritten

4. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission is critical for interstate trucking cases that may involve federal regulations and multiple jurisdictions.

5. Proven Track Record

We’ve recovered millions of dollars for trucking accident victims, including:
– Multi-million dollar settlements for catastrophic injury cases
– Significant verdicts against major trucking companies
– Successful outcomes in complex multi-party litigation

6. Compassionate Representation

We understand the emotional toll these accidents take on families. Our team provides compassionate, personalized service while fighting aggressively for the compensation you deserve.

7. No Fee Unless We Win

We work on a contingency fee basis – you pay nothing unless we win your case. This allows you to pursue justice without financial risk.

Landmark Cases That Set the Standard for Trucking Litigation

While every case is unique, several landmark trucking accident cases have established important legal precedents that may apply to incidents like the one on US-62:

1. Ramsey v. Landstar Ranger (2021) – $730 Million Verdict

This Texas case involved an oversize load that killed a 73-year-old woman. The jury awarded $480 million in compensatory damages and $250 million in punitive damages. The case established that trucking companies can be held liable for failing to properly secure and monitor oversize loads.

Relevance to This Case:
If the semi-truck in this incident was improperly secured or positioned on the highway, similar liability principles could apply.

2. Werner Enterprises Settlement (2022) – $150 Million

This was the largest 18-wheeler settlement in U.S. history, involving two children killed on I-30. The case highlighted the devastating consequences of trucking company negligence and the importance of thorough investigation.

Relevance to This Case:
The settlement demonstrates the potential value of wrongful death claims against major trucking companies.

3. Street v. Daimler (2024) – $160 Million Verdict

This Alabama case involved a rollover accident that left the driver quadriplegic. The jury awarded $75 million in compensatory damages and $75 million in punitive damages against the truck manufacturer.

Relevance to This Case:
If mechanical failure contributed to the breakdown on US-62, manufacturer liability could be a factor.

4. St. Louis Underride Case (2024) – $462 Million Verdict

This Missouri case involved an underride collision where two men were decapitated. The verdict highlighted the importance of proper safety equipment and procedures for disabled vehicles.

Relevance to This Case:
The case establishes the trucking company’s responsibility to properly secure disabled vehicles on roadways.

These cases demonstrate that juries are willing to hold trucking companies accountable for negligence, especially when it results in catastrophic injuries or wrongful death.

The Nuclear Verdict Trend in Trucking Cases

In recent years, we’ve seen a dramatic increase in “nuclear verdicts” – jury awards exceeding $10 million – in trucking accident cases. This trend reflects growing public frustration with trucking company safety practices and a willingness to hold corporations accountable for negligence.

Recent Nuclear Verdicts in Trucking Cases:

Why Nuclear Verdicts Are Increasing:
1. Public Awareness: High-profile trucking accidents have increased public scrutiny of the industry
2. Corporate Negligence: Juries are outraged by evidence of systematic safety violations
3. Spoliation: Destruction of evidence often leads to punitive damages
4. Regulatory Violations: FMCSA violations demonstrate corporate disregard for safety
5. Catastrophic Injuries: The severe nature of trucking accidents justifies large awards

This trend benefits victims by increasing settlement values and putting pressure on trucking companies to improve safety practices.

What to Do If You’ve Lost a Loved One in a Trucking Accident

If you’re grieving the loss of a loved one in a trucking accident, you may feel overwhelmed and unsure of what to do next. Here are the critical steps to protect your rights:

1. Seek Emotional Support

• Lean on family and friends
• Consider grief counseling
• Join support groups for accident survivors

2. Preserve Evidence

• Take photos of the accident scene if possible
• Keep all medical records and bills
• Save any correspondence with insurance companies
• Document all expenses related to the accident

3. Avoid Speaking to Insurance Adjusters

• Do not give recorded statements
• Do not sign any documents without legal review
• Refer all communications to your attorney

4. Consult with an Experienced Trucking Accident Attorney

• Most offer free initial consultations
• They can explain your legal rights and options
• They’ll handle communications with insurance companies
• They’ll begin preserving critical evidence

5. Document Your Losses

• Keep a journal of your emotional state
• Track all expenses related to the accident
• Document how the loss has affected your family
• Record memories of your loved one

6. Be Patient with the Legal Process

• Trucking accident cases can take time to resolve
• Complex investigations are necessary
• Multiple parties may be involved
• Your attorney will keep you informed every step of the way

The Attorney911 Difference: Fighting for Lubbock Families

When Ralph Manginello founded Attorney911, his mission was to provide aggressive, compassionate representation for injury victims. We’ve built our practice around several core principles:

1. We Treat Clients Like Family

As one of our clients, Chad Harris, shared:

“You are NOT just some client… You are FAMILY to them.”

We understand that legal representation is about more than just winning cases – it’s about supporting families through their darkest times.

2. We Take Cases Other Firms Reject

Greg Garcia, another client, said:

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

We believe every victim deserves representation, regardless of how complex or challenging the case may be.

3. We Solve Cases Faster Than Competitors

Angel Walle reported:

“They solved in a couple of months what others did nothing about in two years.”

Our efficient processes and aggressive approach mean faster resolutions for our clients.

4. We Fight for Maximum Compensation

Glenda Walker shared:

“They fought for me to get every dime I deserved.”

We never settle for less than our clients deserve, even if it means going to trial.

5. We Provide Direct Attorney Access

Dame Haskett experienced this firsthand:

“Ralph reached out personally.”

At Attorney911, you’re not just another case number – you have direct access to our attorneys.

The Role of Technology in Modern Trucking Litigation

At Attorney911, we leverage cutting-edge technology to build stronger cases for our clients. In trucking accident cases, technology plays a crucial role in:

1. Electronic Data Preservation

Modern commercial trucks are equipped with sophisticated electronic systems that record critical data:
– ECM/Black Box: Records speed, braking, throttle position, and fault codes
– ELD: Electronic logging device that tracks hours of service compliance
– Telematics: Real-time GPS tracking and driver behavior monitoring
– Dashcams: Video footage of the accident and driver behavior

We use specialized software to download and analyze this data, which often provides objective evidence of what happened in the moments leading up to a crash.

2. Accident Reconstruction

Advanced accident reconstruction software allows us to:
– Recreate the accident sequence
– Calculate speeds and impact forces
– Analyze vehicle dynamics
– Determine contributing factors

This technology helps us build compelling visual presentations for negotiations and trial.

3. Document Management

Trucking cases generate massive amounts of documentation. We use secure, cloud-based systems to:
– Organize and search thousands of pages of records
– Track deadlines and critical dates
– Collaborate with experts and co-counsel
– Prepare for depositions and trial

4. Communication Tools

We use modern communication platforms to:
– Conduct virtual meetings with clients
– Share documents securely
– Maintain constant contact with our team
– Provide updates on case progress

5. AI-Assisted Case Analysis

In a recent podcast episode, we discussed how AI is transforming accident litigation:

“AI vs Insurance Companies: How an AI Accident Companion Protects Your Case” (Watch here)

AI tools can help accident victims:
– Collect evidence at the scene
– Follow correct post-accident procedures
– Avoid costly settlement mistakes
– Stay organized throughout the claims process

While AI can’t replace experienced attorneys, it’s becoming an increasingly valuable tool in building stronger cases.

Common Trucking Company Defenses and How We Counter Them

Trucking companies and their insurers use sophisticated defense strategies to minimize or deny claims. At Attorney911, we know these tactics because our team includes a former insurance defense attorney. Here are some common defenses and how we counter them:

1. “The Driver Was an Independent Contractor”

Defense: The trucking company claims the driver was an independent contractor, not an employee, to avoid vicarious liability.

Our Response:
– We investigate the true nature of the relationship
– We examine contracts, payment records, and control over the driver
– We look for evidence of company control over the driver’s work
– We argue that the company is still liable for negligent hiring and supervision

2. “The Accident Was the Other Driver’s Fault”

Defense: The trucking company blames the victim for causing the accident.

Our Response:
– We gather all available evidence (ECM data, witness statements, accident reconstruction)
– We analyze the truck’s electronic data to determine its actions
– We use Texas’s modified comparative negligence rules to our advantage
– We argue that even if the victim was partially at fault, the trucking company’s negligence was the primary cause

3. “The Injuries Aren’t That Serious”

Defense: The insurance company claims the injuries are minor or pre-existing.

Our Response:
– We work with medical experts to document the full extent of injuries
– We obtain comprehensive medical records
– We use life care planners to project future medical needs
– We present compelling evidence of pain and suffering

4. “The Driver Wasn’t Fatigued”

Defense: The trucking company claims the driver was well-rested and compliant with hours-of-service regulations.

Our Response:
– We obtain and analyze ELD data
– We review the driver’s hours for the week leading up to the accident
– We look for patterns of HOS violations
– We consult with fatigue experts to analyze the driver’s schedule

5. “The Truck Was Properly Maintained”

Defense: The company claims the truck was in good condition and properly maintained.

Our Response:
– We subpoena maintenance records
– We inspect the truck for evidence of deferred maintenance
– We look for patterns of maintenance violations
– We consult with mechanical experts to identify any issues

6. “The Victim Waited Too Long to Seek Treatment”

Defense: The insurance company claims the victim’s injuries weren’t caused by the accident because they didn’t seek immediate treatment.

Our Response:
– We explain the medical reasons for delayed symptoms
– We document the victim’s condition immediately after the accident
– We work with medical experts to establish causation
– We argue that insurance companies shouldn’t benefit from victims’ reasonable caution

7. “The Settlement Offer Is Fair”

Defense: The insurance company offers a quick, lowball settlement.

Our Response:
– We calculate the full value of the claim, including future damages
– We present evidence of the true extent of injuries and losses
– We negotiate aggressively for fair compensation
– We’re prepared to go to trial if necessary

The Importance of Immediate Action

In trucking accident cases, time is of the essence. Critical evidence can disappear quickly:

• ECM/Black Box Data: Can be overwritten in as little as 30 days
• ELD Records: May be retained for 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: Vehicles may be repaired, sold, or scrapped

At Attorney911, we act immediately to preserve this evidence. When we’re retained, we:
1. Send spoliation letters within 24-48 hours
2. Demand immediate download of all electronic data
3. Subpoena cell phone records
4. Obtain police crash reports
5. Photograph the accident scene and vehicles
6. Interview witnesses before memories fade
7. Hire accident reconstruction experts

How We Calculate Damages in Wrongful Death Cases

In wrongful death cases like the one resulting from the US-62 collision, we work with experts to calculate the full value of the claim. Damages typically fall into several categories:

1. Economic Damages

• Lost Income: The deceased’s future earning capacity
• Lost Benefits: Pension, retirement, health insurance
• Funeral and Burial Expenses: Reasonable costs of final arrangements
• Medical Expenses: Costs incurred prior to death
• Loss of Household Services: Value of services the deceased provided

2. Non-Economic Damages

• Loss of Consortium: The companionship and relationship with the deceased
• Loss of Parental Guidance: For surviving children
• Mental Anguish: Emotional suffering of surviving family members
• Pain and Suffering: Experienced by the deceased before death

3. Punitive Damages

In cases of gross negligence or willful misconduct, punitive damages may be available to punish the wrongdoer and deter similar conduct.

Calculating Lost Income:
We work with vocational experts and economists to:
– Project the deceased’s future earning capacity
– Account for career advancement and raises
– Consider the deceased’s age, education, and work history
– Calculate the present value of future earnings

Calculating Loss of Consortium:
This intangible loss is calculated based on:
– The quality of the relationship
– The age of the surviving spouse
– The length of the marriage
– The impact on the surviving spouse’s life

The Role of Expert Witnesses in Trucking Cases

Expert witnesses play a crucial role in trucking accident litigation. At Attorney911, we work with a network of respected experts to build strong cases:

1. Accident Reconstruction Experts

• Analyze the accident sequence
• Determine speeds and impact forces
• Identify contributing factors
• Create visual reconstructions for trial

2. Medical Experts

• Document the extent of injuries
• Establish causation between the accident and injuries
• Project future medical needs
• Calculate life care plans

3. Vocational Experts

• Assess the impact of injuries on earning capacity
• Project future lost wages
• Evaluate career alternatives

4. Economic Experts

• Calculate the present value of future losses
• Project future medical expenses
• Analyze lost earning capacity

5. Trucking Industry Experts

• Analyze compliance with FMCSA regulations
• Evaluate company safety practices
• Assess industry standards

6. Human Factors Experts

• Analyze driver behavior and decision-making
• Assess the role of fatigue or distraction
• Evaluate reaction times and perception

7. Mechanical Experts

• Inspect the truck for mechanical failures
• Analyze maintenance records
• Identify design or manufacturing defects

The Future of Trucking Safety in Texas

The tragic accident on US-62 highlights the ongoing need for improved trucking safety in Texas. Several initiatives could help prevent similar tragedies:

1. Enhanced Breakdown Procedures

• Require GPS tracking of disabled vehicles
• Implement automated hazard light activation
• Develop better warning systems for approaching vehicles

2. Improved Driver Training

• Expanded training on breakdown procedures
• Enhanced rural highway safety education
• Increased focus on fatigue management

3. Stricter Enforcement of Existing Regulations

• More frequent roadside inspections
• Increased penalties for violations
• Better tracking of repeat offenders

4. Technology Adoption

• Mandatory collision avoidance systems
• Automatic emergency braking
• Enhanced electronic stability control

5. Infrastructure Improvements

• Better lighting on rural highways
• Improved signage for crossovers and intersections
• Expanded emergency pull-off areas

6. Public Awareness Campaigns

• Education on sharing the road with trucks
• Awareness of truck blind spots
• Understanding of proper breakdown procedures

At Attorney911, we’re committed to holding trucking companies accountable while advocating for safer roads for all Texans.

Frequently Asked Questions About Trucking Accident Cases

1. How long do I have to file a wrongful death claim in Texas?

In Texas, the statute of limitations for wrongful death claims is 2 years from the date of death. However, you should not wait to seek legal representation. Evidence disappears quickly, and early investigation is critical to building a strong case.

2. What if the truck driver wasn’t injured – does that mean the company wasn’t negligent?

No. The fact that the truck driver wasn’t injured doesn’t absolve the company of liability. Many factors could have contributed to the accident, including:
– Improper breakdown procedures
– Mechanical failures
– Driver fatigue
– Regulatory violations

3. How much is my wrongful death case worth?

The value of a wrongful death case depends on many factors, including:
– The deceased’s age and earning capacity
– The impact on surviving family members
– The degree of the trucking company’s negligence
– Available insurance coverage

While every case is unique, recent trucking accident verdicts in Texas have ranged from hundreds of thousands to hundreds of millions of dollars.

4. What if the trucking company offers me a settlement?

You should never accept a settlement offer without consulting an attorney. Insurance companies often make lowball offers soon after an accident, before the full extent of damages is known. An experienced trucking accident attorney can evaluate the offer and negotiate for fair compensation.

5. Do I need to pay anything upfront to hire an attorney?

No. At Attorney911, we work on a contingency fee basis – you pay nothing unless we win your case. We advance all costs of investigation and litigation, and our fee comes from the recovery, not your pocket.

6. What if I can’t afford medical treatment?

We can help connect you with medical providers who will treat you on a lien basis. This means they’ll provide treatment now and get paid from your settlement later. We work with a network of trusted medical professionals who understand the needs of accident victims.

7. How long will my case take to resolve?

The timeline varies depending on the complexity of the case:
– 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.

8. What if the trucking company claims the accident was my loved one’s fault?

Texas follows a modified comparative negligence rule. This means:
– If your loved one was less than 50% at fault, you can still recover damages
– Your recovery will be reduced by your loved one’s percentage of fault
– If your loved one was 50% or more at fault, you cannot recover anything

We’ll gather all available evidence to determine the true cause of the accident and fight any attempts to unfairly blame the victim.

9. Can I still recover damages if the trucking company goes out of business?

Yes. Even if the trucking company goes out of business, other parties may share liability, including:
– The truck driver
– Maintenance providers
– Cargo owners
– Truck manufacturers
– Insurance companies

We’ll identify all potentially liable parties to maximize your recovery.

10. What if the accident happened in a different county than where I live?

The location of the accident doesn’t affect your ability to pursue a claim. We handle trucking accident cases throughout Texas and can represent you regardless of where the accident occurred.

The Attorney911 Advantage: Why We’re Different

When you choose Attorney911 to represent you in a trucking accident case, you’re getting more than just legal representation – you’re getting a team of dedicated professionals who will fight for your rights. Here’s what makes us different:

1. Ralph Manginello’s 25+ Years of Experience

Ralph Manginello has been fighting for injury victims since 1998. His experience includes:
– Multi-million dollar verdicts and settlements
– Complex multi-party litigation
– Cases against major trucking companies
– Federal court experience

2. Insider Knowledge of Insurance Tactics

Our team includes a former insurance defense attorney who knows exactly how trucking companies and their insurers operate. This insider knowledge gives us a significant advantage in negotiations and litigation.

3. Rapid Response Capability

We understand that evidence disappears quickly in trucking cases. That’s why we:
– Send spoliation letters within 24-48 hours
– Deploy accident reconstruction experts immediately
– Begin preserving electronic data before it’s overwritten

4. Federal Court Admission

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission is critical for interstate trucking cases that may involve federal regulations and multiple jurisdictions.

5. Proven Track Record

We’ve recovered millions of dollars for trucking accident victims, including:
– Multi-million dollar settlements for catastrophic injury cases
– Significant verdicts against major trucking companies
– Successful outcomes in complex multi-party litigation

6. Compassionate, Personalized Service

We understand the emotional toll these accidents take on families. Our team provides:
– Compassionate, personalized service
– Regular case updates
– Direct attorney access
– Support throughout the legal process

7. No Fee Unless We Win

We work on a contingency fee basis – you pay nothing unless we win your case. This allows you to pursue justice without financial risk.

What Our Clients Say About Us

At Attorney911, we’re proud of the relationships we build with our clients. Here’s what some of them have said about their experience with our firm:

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

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

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

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

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

“They make you feel like family and even though the process may take some time, they make it feel like a breeze.”
— Glenda Walker, Attorney911 Client

The Next Steps: How to Get Help

If you’ve lost a loved one in a trucking accident like the one on US-62, you don’t have to face this alone. Here’s how to get started:

1. Call Attorney911 Today

Our team is available 24/7 to take your call. We offer free initial consultations where we’ll:
– Review the facts of your case
– Explain your legal rights and options
– Answer your questions
– Outline the next steps

Call us at:
– 1-888-ATTY-911
– (888) 288-9911
– (713) 528-9070

2. Schedule Your Free Consultation

During your consultation, we’ll discuss:
– The details of the accident
– Your loved one’s life and legacy
– The impact on your family
– Your legal rights and options
– How we can help

3. Let Us Handle the Legal Process

Once you retain us, we’ll:
– Send spoliation letters to preserve evidence
– Begin investigating the accident
– Identify all potentially liable parties
– Handle communications with insurance companies
– Fight for the compensation you deserve

4. Focus on Your Family

While we handle the legal process, you can focus on:
– Grieving your loss
– Supporting your family
– Honoring your loved one’s memory
– Beginning the healing process

Don’t Wait – Evidence Disappears Fast

Every day you wait, critical evidence in your case is disappearing:
– Black box data can be overwritten in 30 days
– Dashcam footage may be deleted within weeks
– Witness memories fade quickly
– Physical evidence may be lost or destroyed

The trucking company has rapid-response teams working to protect their interests. You need someone fighting for you.

Call Attorney911 now at 1-888-ATTY-911 for your free consultation.

Our Promise to You

At Attorney911, we make these promises to every client:

1. We’ll treat you like family – not just another case number
2. We’ll fight for every dime you deserve – no matter how long it takes
3. We’ll keep you informed every step of the way – you’ll never be left in the dark
4. We’ll handle all the legal details – so you can focus on your family
5. We won’t settle for less than you deserve – even if it means going to trial
6. You won’t pay anything unless we win – no upfront costs, no hidden fees

The Time to Act Is Now

The tragic accident on US-62 that claimed Rolan Tomlison’s life serves as a stark reminder of the dangers posed by commercial vehicles on our highways. While nothing can bring back a lost loved one, holding negligent trucking companies accountable can:
– Provide financial security for your family
– Send a message that safety violations won’t be tolerated
– Help prevent similar tragedies in the future

If you’ve lost a loved one in a trucking accident, you have rights. The trucking company has lawyers working to protect their interests – you deserve the same level of representation.

Call Attorney911 today at 1-888-ATTY-911 for your free consultation.

Our team, led by Ralph Manginello, is ready to fight for you. We have the experience, resources, and determination to take on the trucking companies and their insurers. We’ll work tirelessly to get you the compensation you deserve while treating you with the compassion and respect you need during this difficult time.

Don’t wait – evidence disappears fast, and the trucking company is already working to protect their interests. Call us now at 1-888-ATTY-911 or visit https://attorney911.com to learn more.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.

At Attorney911, we’re more than just lawyers – we’re your advocates, your fighters, and your support system. Let us help you through this difficult time and fight for the justice your family deserves.