I-35 Truck Crash in Love County: When Neurological Disorders and Construction Zones Collide
The flashing lights of a state trooper’s vehicle are meant to be a beacon of safety, a signal for drivers to slow down and protect those working on our highways. But on a recent night on Interstate 35 in Love County, Oklahoma, just across the border from Sherman, Texas, those lights weren’t enough to stop a catastrophic near-miss.
Troopers Joshua Harrington and Dustin Atnip were performing a high-stakes roadblock, slowing traffic for a construction zone, when a truck “blew through” the area. The commercial vehicle sideswiped Trooper Harrington’s vehicle in a collision that could have easily turned fatal. While both drivers were checked by EMS and are expected to be okay, the investigation has revealed a chilling detail: officials believe the truck driver has a neurological disorder and may not have been fit to drive.
At Attorney911, we have spent over 27 years litigating complex trucking accidents. When we see a headline like this, we don’t just see a “sideswipe.” We see a systemic failure of a trucking company to vet its drivers. We see a violation of federal safety standards that puts every family in Sherman and Love County at risk. If you or a loved one has been involved in a similar incident, you need more than a lawyer; you need a team that understands the “Deep Pocket Chain” and knows how to pierce the corporate veil.
The I-35 Corridor: A High-Stakes Freight Artery for Sherman and Love County
Interstate 35 is the lifeblood of commerce between North Texas and Oklahoma. Known as the “NAFTA Superhighway,” it carries a staggering volume of 18-wheelers, delivery fleets, and commercial haulers every single day. For residents of Sherman, Texas, I-35 is the primary route for commuting, shopping, and travel. But this high volume of freight comes with a high price.
In 2024, Texas recorded 39,393 commercial vehicle accidents, resulting in 608 fatalities. Our home state leads the nation in truck crashes, and the I-35 corridor is a major contributor to those statistics. When a construction zone is established on a highway like I-35, the risk of a rear-end or sideswipe collision spikes. Narrowed lanes, shifting traffic patterns, and the presence of workers create a “danger zone” where commercial drivers must exercise the highest degree of care.
When a truck “blows through” a roadblock, it isn’t just a mistake. It is often the result of driver fatigue, distraction, or, as suspected in the Love County crash, a medical condition that should have disqualified the driver from being behind the wheel of an 80,000-pound machine.
The Neurological Disorder Bombshell: A Failure of Driver Qualification
The most alarming aspect of the Love County incident is the report that the driver may have a neurological disorder. In the world of commercial trucking, medical fitness is not a suggestion—it is a federal mandate.
Under 49 CFR § 391.41, a person is physically qualified to drive a commercial motor vehicle only if they have no clinical diagnosis of a rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease which interferes with their ability to control and operate a commercial motor vehicle safely. Furthermore, they must have no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a commercial motor vehicle.
When a trucking company puts a driver with a known neurological disorder on the road, they are committing Negligent Hiring and Retention.
How Trucking Companies Cut Corners on Safety
Trucking companies are under immense pressure to keep their fleets moving. In a tight labor market, some carriers may ignore “red flags” in a driver’s medical history or fail to verify the validity of a Medical Examiner’s Certificate.
Our firm includes a former insurance defense attorney, Lupe Peña, who spent years learning firsthand how large insurance companies and trucking carriers value claims. He knows that the first thing a defense team will do is try to hide the driver’s medical records or argue that the “neurological disorder” was a sudden, unforeseeable event.
We don’t buy those excuses. We know that a thorough investigation into the Driver Qualification File (49 CFR § 391.51) often reveals that the company knew about the driver’s condition but chose profit over public safety.
Learn more about the complexities of these cases in our video, “The Definitive Guide To Commercial Truck Accidents,” at https://www.youtube.com/watch?v=iEEeZf-k8Ao.
Construction Zone Liability: A Heightened Duty of Care
The troopers in Love County were slowing traffic for a construction zone. These zones are among the most dangerous areas on I-35. In 2024, Texas saw nearly 28,000 work zone crashes, resulting in 215 deaths—a 12% increase from the previous year.
Commercial drivers have a heightened duty of care when approaching a work zone. They are required by the Federal Motor Carrier Safety Regulations (FMCSR) to adjust their speed for conditions and maintain a safe following distance. An 80,000-pound truck traveling at 65 mph needs approximately 525 feet to stop—nearly two football fields. When a driver is impaired by a neurological condition or simply fails to pay attention to roadblock signals, the results are often catastrophic.
In a construction zone crash, multiple parties may be liable:
1. The Truck Driver: For failing to control speed and disregarding traffic signals.
2. The Trucking Company: Under the doctrine of Respondeat Superior, the employer is liable for the driver’s negligence.
3. The Contractor: If the construction zone was improperly marked or lacked adequate warning signs.
4. The Medical Examiner: If a doctor improperly cleared an unfit driver for duty.
Why Attorney911 Moves Fast: The 48-Hour Evidence Window
In the aftermath of the Love County crash, the clock is already ticking. Evidence in trucking accidents disappears with alarming speed.
Within 24 hours of being retained, we send Spoliation Letters to the trucking company and their insurance carrier. These letters legally mandate the preservation of critical evidence, including:
* ELD (Electronic Logging Device) Data: To prove if the driver was fatigued or violating Hours of Service rules.
* ECM (Engine Control Module) / Black Box Data: To show the truck’s speed, braking, and throttle position at the moment of impact.
* The Driver Qualification File: To uncover the truth about the driver’s neurological disorder and medical history.
* Dashcam and Inward-Facing Camera Footage: To see exactly what the driver was doing before the crash.
If you wait even a week to hire an attorney, the trucking company may “accidentally” overwrite the black box data or “lose” the driver’s medical records. We don’t let that happen.
For more on what to do immediately after a crash, watch “What Should I Do First After an Accident?” at https://www.youtube.com/watch?v=OCox4Lq7zBM.
The Insurance Defense Playbook: Exposing the Tactics
Because Lupe Peña used to work for the other side, we know exactly what the insurance company for the truck involved in the Love County crash is doing right now. They aren’t trying to “help” the victims; they are building a defense to minimize their payout.
Tactic: The “Sudden Medical Emergency” Defense
The insurance company will likely argue that the driver suffered a “sudden medical emergency” that could not have been predicted. This is a common tactic used to escape liability. However, if the driver had a pre-existing neurological disorder, this defense collapses. We subpoena years of medical records to prove that the “emergency” was a known risk that the company chose to ignore.
Tactic: The Recorded Statement Trap
An adjuster might call you, sounding friendly and concerned. They will ask for a “brief recorded statement” to “speed up your claim.” Do not do this. They are trained to ask leading questions designed to make you admit fault or downplay your injuries.
Tactic: The Lowball Offer
While you are dealing with the shock of the accident, they may offer a quick settlement of $5,000 or $10,000. For a family in Sherman facing mounting medical bills, this might seem like a lot. But if you have a hidden spinal injury or a TBI that doesn’t manifest for weeks, that settlement will bar you from ever seeking more money.
We prepare every case as if it is going to trial. When insurance companies see that Ralph Manginello—a 27-year veteran with federal court admission—is on the case, their valuation of the claim changes. They know we aren’t a “settlement mill.” We fight for every dime our clients deserve.
Proven Results in Catastrophic Injury Cases
Our track record speaks for itself. We have taken on some of the largest corporations in the world, including litigation related to the BP Texas City Refinery explosion. When it comes to trucking and industrial negligence, we have the experience to win.
Here are just a few of our documented results:
* “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”
* “At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation”
* “In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions”
Every case is unique, and past results do not guarantee future outcomes.
Understanding Your Damages: More Than Just a Repair Bill
If you were hit by the truck in Love County, your damages extend far beyond the dent in your bumper. We look at the “Maximum Recovery Stack” to ensure you are compensated for:
* Economic Damages: ER visits, future surgeries, lost wages, and loss of earning capacity.
* Non-Economic Damages: Pain and suffering, mental anguish, and loss of enjoyment of life.
* Punitive Damages: In cases of gross negligence—such as putting a driver with a dangerous neurological disorder on the road—we may seek punitive damages to punish the company and prevent this from happening again.
In Texas, if a crash involves a felony—such as a DWI causing serious bodily injury—there is NO CAP on punitive damages. While the Love County incident is still under investigation, any evidence of criminal negligence opens the door for a much larger recovery.
FAQ: Trucking Accidents and Driver Fitness
1. What if the truck driver says the accident was my fault?
Texas follows a 51% Bar Rule for comparative negligence. This means you can still recover damages as long as you are 50% or less at fault. However, your recovery will be reduced by your percentage of fault. Insurance companies will fight hard to push your fault to 51% so they owe you $0. We use accident reconstruction experts to prove the driver’s negligence and protect your rights.
2. Can I sue the trucking company if the driver was an “independent contractor”?
Trucking companies often use the “independent contractor” label as a liability shield. However, we use the Right-to-Control Test to defeat this defense. If the company set the driver’s route, monitored them with cameras, and provided the equipment, they are often a de facto employer and are legally responsible for the crash.
3. How much insurance do trucking companies carry?
Under federal law, most interstate commercial trucks must carry a minimum of $750,000 in liability insurance. For hazardous materials, that number jumps to $5 million. Many large carriers have “umbrella” policies that provide tens of millions in additional coverage. We know how to find every layer of insurance available.
4. What is an MCS-90 endorsement?
The MCS-90 is a powerful federal insurance endorsement that guarantees payment to an injured person even if the trucking company’s policy has an exclusion that would otherwise deny coverage. It is the ultimate safety net for victims of truck crashes. Watch our video “The Definitive Guide To MCS 90 Auto Endorsements” at https://www.youtube.com/watch?v=auB5NWcwyag to learn more.
5. Does my own insurance cover me if I was hit as a pedestrian or cyclist?
Yes. Many people in Sherman don’t realize that their own UM/UIM (Uninsured/Underinsured Motorist) coverage often applies even if they weren’t in their car at the time of the accident. This is a critical recovery source in catastrophic injury cases.
Why Sherman Families Trust Attorney911
We aren’t just lawyers; we are members of this community. Ralph Manginello has been fighting for injury victims since 1998. He is admitted to the U.S. District Court, Southern District of Texas, and has the federal court experience necessary to handle complex FMCSA trucking cases.
Our clients aren’t just case numbers. As client Chad Harris says: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
And Glenda Walker shares: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
We offer a Contingency Fee structure, which means we don’t get paid unless we win your case. You may still be responsible for court costs and case expenses, but we take on the financial risk of the investigation so you can focus on healing.
Take Action Now: The 1-888-ATTY-911 Emergency Line
The crash on I-35 in Love County is a stark reminder of how quickly life can change when a trucking company fails to follow safety rules. Whether you were involved in that specific incident or a similar crash near Sherman, the time to act is now.
The trucking company’s rapid-response team is already working. They are securing the truck, coaching the driver, and looking for ways to blame you. You need a team that moves just as fast.
Call Attorney911 at 1-888-ATTY-911 (1-888-288-9911) right now. Our lines are open 24/7. We offer free, no-obligation consultations, and we are ready to start the fight for your family today.
Attorney911 | The Manginello Law Firm, PLLC
Legal Emergency Lawyers™
Principal Office: Houston, Texas
1-888-ATTY-911
https://attorney911.com
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.
Video Resources for Your Case:
* “The Victim’s Guide to 18-Wheeler Accident Injuries” – https://www.youtube.com/watch?v=wxEHIxZTbK8
* “Can I Sue for Being Hit by a Semi Truck?” – https://www.youtube.com/watch?v=J0MT3CKbUb4
* “Uninsured & Underinsured Motorists” – https://www.youtube.com/watch?v=kWcNFyb-Yq8