Fatal 18-Wheeler and Tractor-Trailer Crashes in Burleson County, Texas

You’re reading this because someone you love didn’t come home from a road most people in Burleson County drive every day without thinking about it. Maybe it was State Highway 21, where the morning commute between Caldwell and Bryan carries a steady stream of fully loaded tractor-trailers moving between distribution centers and retail stores. Maybe it was FM 60, where local traffic shares the road with gravel trucks and oilfield service vehicles heading to nearby drilling sites. Or maybe it was one of the countless rural farm-to-market roads that crisscross this county, where an 80,000-pound big rig traveling at highway speeds leaves no time to react when something goes wrong.

Texas Civil Practice and Remedies Code Section 16.003 started a clock on your family the day of the crash. Not the day of the funeral. Not the day the autopsy report came back. Not the day you finally felt ready to think about a lawyer. The day of the crash. You have exactly two years from that date to file a wrongful death action under Section 71.001. Under Section 71.004, you—as the surviving spouse, child, or parent—hold an independent statutory claim. So does your loved one’s estate, under Section 71.021, for the conscious pain and mental anguish they endured between injury and death. Three separate claims, one two-year clock.

The carrier whose driver took your loved one has lawyers who started working the case the night of the wreck. The longer you wait, the more evidence they control—the electronic logging device (ELD) under 49 C.F.R. Part 395, the dashcam footage, the dispatch records, the maintenance files under Part 396, the driver qualification file under Part 391—and the more of it disappears. We send preservation letters within 24 hours to lock it down. We pull the Federal Motor Carrier Safety Administration (FMCSA) Safety Measurement System (SMS) profile on the carrier and the Pre-Employment Screening Program (PSP) record on the driver before discovery formally opens. We know what the Texas Pattern Jury Charge will ask in the Burleson County courthouse, and we build the case for those questions from the first investigator we send to the scene.

The Reality of 18-Wheeler Crashes on Burleson County’s Roads

Burleson County sits at the intersection of two major freight corridors that define its commercial vehicle risk profile. State Highway 21 runs east-west through the county, connecting Caldwell to Bryan and serving as a critical route for agricultural products, oilfield equipment, and retail distribution. FM 60, FM 50, and FM 166 cut through the county’s rural heartland, carrying everything from livestock haulers to gravel trucks to oilfield service vehicles. These aren’t just roads—they’re the lifelines of Burleson County’s economy, and they’re shared by local families, school buses, and commercial traffic moving at speeds that turn collisions into catastrophes.

The Texas Department of Transportation’s Crash Records Information System (CRIS) documents what Burleson County families already know: rural crashes are 2.66 times more likely to be fatal than urban crashes. When an 18-wheeler crashes on FM 60 near Snook or FM 50 outside Somerville, the response time alone changes everything. The nearest Level I trauma center—St. Joseph Regional Health Center in Bryan—is 30 to 60 minutes away by ambulance, and for catastrophic injuries like traumatic brain injury (TBI) or spinal cord trauma, every minute counts. We work cases knowing the EMS response, the rural hospital stabilization, and the air-medical transport sequence. We name the carriers, the brokers, the shippers, and the equipment manufacturers that produced the crash.

The Dominant Carriers Operating in Burleson County

Burleson County’s freight environment is shaped by the carriers that move through it every day. Long-haul interstate carriers like Werner Enterprises, J.B. Hunt, and Schneider National run State Highway 21 between Caldwell and Bryan, moving dry van and refrigerated freight between distribution centers in the region. Oilfield service companies—Halliburton, Schlumberger, and Patterson-UTI—operate water haulers, sand trucks, and well-service rigs on FM 60 and FM 50, serving the nearby Eagle Ford Shale and Brazos Valley production areas. Local and regional carriers like Sysco’s Bryan distribution center and HEB’s grocery fleet run delivery routes through Caldwell, Somerville, and Snook, while Amazon Delivery Service Partner (DSP) contractors and FedEx Ground independent service providers (ISPs) operate last-mile delivery vans through every neighborhood in the county.

Each of these carriers operates under the same Federal Motor Carrier Safety Regulations (FMCSR), but their compliance patterns vary widely. The FMCSA’s Compliance, Safety, Accountability (CSA) program tracks every carrier across seven Behavior Analysis and Safety Improvement Categories (BASICs):

1. Unsafe Driving (speeding, reckless driving, improper lane changes)
2. Hours-of-Service Compliance (fatigue, falsified logs)
3. Driver Fitness (unqualified drivers, expired medical certifications)
4. Controlled Substances/Alcohol (DUI, drug-positive screens)
5. Vehicle Maintenance (brake failures, tire blowouts)
6. Hazardous Materials Compliance (improper placarding, loading violations)
7. Crash Indicator (preventable crash history)

When we open a case in Burleson County, we pull the carrier’s SMS profile before we file. The pattern is usually visible before the deposition.

The Legal Framework: What Texas Law Gives Your Family

Texas wrongful death and survival statutes provide the structure for your family’s claims, but the framework is more nuanced than most people realize. Under Texas Civil Practice and Remedies Code Section 71.004, the surviving spouse, children, and parents of the decedent each hold an independent wrongful death claim. Under Section 71.021, the estate holds a separate survival action for the pain and mental anguish the decedent endured between injury and death. These aren’t just legal technicalities—they’re the difference between a single claim the carrier can settle cheaply and a coordinated set of statutory claims that reflect the full scope of your loss.

The Two-Year Clock Under Section 16.003

The two-year statute of limitations under Section 16.003 is absolute. Once it runs, the case dies procedurally, and the carrier walks away from a viable claim because the file was never opened. This clock runs whether or not the carrier’s insurer is returning calls. We’ve seen cases where families waited 23 months before reaching out, only to learn that critical evidence—the ELD data, the dashcam footage, the maintenance records—had already been overwritten. The carrier counts on grief to run the clock. We don’t let that happen.

The 51% Bar and Comparative Negligence

Texas follows modified comparative negligence under Chapter 33. This means you can recover damages even if your loved one was partly at fault, as long as their fault percentage doesn’t exceed 50%. At 51% or more, recovery is zero. The carrier’s defense lawyers will fight hard to push your loved one’s fault percentage above that threshold, because at 51%, they pay nothing. We anticipate this attack and develop evidence that pushes fault back where it belongs.

Punitive Damages and the Gross Negligence Predicate

When the carrier’s conduct rises to the level of gross negligence—defined as an objective extreme risk of harm, subjective awareness of that risk, and proceeding anyway—Texas Civil Practice and Remedies Code Chapter 41 allows exemplary (punitive) damages. The standard is high, but the exposure is unlimited when the underlying act is a felony, like intoxication manslaughter. We build the case for gross negligence from the first preservation letter, because punitive damages change how the carrier’s insurer approaches the case.

The Stowers Doctrine: The Nuclear Option for Clear Liability

The Stowers doctrine is one of the most powerful tools in Texas personal injury law. If a plaintiff makes a settlement demand within the carrier’s policy limits and the insurer unreasonably refuses, the insurer becomes liable for the entire verdict—even amounts exceeding policy limits. This is the nuclear option for clear-liability cases, like rear-end collisions or DUIs. Lupe Peña understands Stowers demands because he was on the receiving end of them for years when he worked for insurance defense firms. Now he deploys them.

The Federal Regulatory Spine: What the Carrier Was Supposed to Do

Federal Motor Carrier Safety Regulations (FMCSR) under 49 C.F.R. Parts 390 through 399 establish the minimum safety standards every commercial carrier operating in Burleson County must follow. When a carrier violates these regulations, the violation supports negligence per se under Texas common law and Pattern Jury Charge 27.2. This means the jury doesn’t have to decide whether the carrier was negligent—they only have to decide whether the violation caused the crash and your damages.

Hours of Service (49 C.F.R. Part 395)

Hours-of-service (HOS) violations are the single most common—and most provable—form of carrier negligence in Burleson County trucking cases. Federal regulation 49 C.F.R. Section 395.3 caps a property-carrying commercial driver at 11 driving hours within a 14-hour duty window, after 10 consecutive hours off duty, with a 70-hour cap over 8 consecutive days. The electronic logging device (ELD), mandated since December 2017 under 49 C.F.R. Part 395 Subpart B, records every minute the truck moved.

When the ELD log shows a driver in “on-duty not driving” status at the moment of the crash but the dashcam shows them at highway speed, we have a falsified log. That’s no longer ordinary negligence—it’s the gross negligence predicate under Chapter 41.

Driver Qualification (49 C.F.R. Part 391)

The driver qualification file under 49 C.F.R. Section 391.51 is the documentary spine of negligent hiring claims. It includes:

• The driver’s commercial driver’s license (CDL) with the proper endorsements
• The driver’s medical examiner’s certificate
• The driver’s employment application and prior employment history
• The driver’s road test and skills evaluation
• The carrier’s inquiry to the FMCSA’s Drug and Alcohol Clearinghouse

If the carrier hired a driver with a documented pattern of HOS violations, preventable crashes, or positive drug screens at a prior carrier, that’s direct negligence against the corporate defendant—not derivative respondeat superior. Under Texas Civil Practice and Remedies Code Chapter 72, the defense will move to bifurcate the trial to keep the hiring file out of the first-phase jury. We’re ready for that motion before they file it.

Vehicle Maintenance and Inspection (49 C.F.R. Part 396)

Pre-trip inspections under 49 C.F.R. Section 396.13 and monthly brake-system inspections under Section 396.17 are the minimum maintenance standards every carrier must follow. When a tire blows out on FM 60 or brakes fail on State Highway 21, the maintenance file under Section 396.3 is where we prove what the carrier knew—or should have known—about the vehicle’s condition.

Cargo Securement (49 C.F.R. Part 393)

Cargo securement violations under 49 C.F.R. Part 393 Subpart I are a leading cause of rollover crashes, lost-load incidents, and secondary collisions. The regulations require cargo to be secured to withstand forces in all directions—forward, rearward, lateral, and vertical. When a gravel truck loses its load on FM 50 or a flatbed carrying steel pipe loses its cargo on State Highway 21, the securement records under Section 393.100 are where we prove the violation.

Drug and Alcohol Testing (49 C.F.R. Part 382)

Post-accident drug and alcohol testing under 49 C.F.R. Section 382.303 is mandatory for every commercial vehicle crash involving a fatality, injury requiring immediate medical treatment, or disabling damage to a vehicle. When the test comes back positive, the case stops being ordinary negligence and becomes gross negligence under Chapter 41. Lupe Peña worked inside this system for years—he knows which labs the carriers use, which medical review officers they favor, and how to challenge a false negative.

The Investigation: What We Do in the First 48 Hours

Evidence in commercial vehicle cases has a half-life measured in days, not months. Within 48 hours of taking your case, we:

1. Send preservation letters to the motor carrier, the broker, the shipper, and any third-party telematics provider. The letter identifies the ECM, the ELD, the dashcam footage, the dispatch communications, the Qualcomm or PeopleNet telematics feed, the maintenance records, the driver qualification file, the prior preventability determinations, the post-accident drug and alcohol screens, and any Form MCS-90 endorsement on the policy. We put the carrier on notice that spoliation will be argued—and an adverse inference charge sought—if any of that disappears.
2. Pull the FMCSA Pre-Employment Screening Program (PSP) record on the driver. This report includes the driver’s crash and inspection history from the past five years, including out-of-service orders and violations.
3. Pull the carrier’s Safety Measurement System (SMS) profile by USDOT number. This report includes the carrier’s BASIC scores, inspection history, and crash indicator data.
4. Open the FMCSA SAFER profile to identify all potentially liable parties, including the carrier’s parent corporation, affiliated entities, and insurance coverage.
5. Deploy an accident reconstruction expert to the scene if needed. For crashes on State Highway 21 or FM 60, we work with experts who understand the unique dynamics of rural highway collisions, including sight-distance limitations, roadway geometry, and the effects of rural EMS response times on injury outcomes.

The Black Box and ELD Audit

The electronic control module (ECM) and electronic logging device (ELD) are the most important pieces of evidence in most commercial vehicle cases. The ECM records speed, braking, throttle position, and other critical data in the seconds leading up to a crash. The ELD records the driver’s hours of service and duty status.

We subpoena the raw electronic data from both devices and cross-reference it against:

• The driver’s paper logs (if any)
• The carrier’s dispatch records
• The driver’s fuel receipts
• The driver’s toll records
• The driver’s cell phone records
• The dashcam footage

Discrepancies between the ELD data and the driver’s logs are common—and they’re powerful evidence of falsification under 49 C.F.R. Section 395.8(e).

The Driver Qualification File Audit

The driver qualification file under 49 C.F.R. Section 391.51 is where we prove negligent hiring, negligent training, and negligent retention. We audit the file for:

• Missing or expired medical certificates
• Missing or incomplete employment applications
• Missing or incomplete prior employment verifications
• Missing or incomplete road test evaluations
• Missing or incomplete drug and alcohol test results
• Prior preventability determinations from other carriers

If the carrier hired a driver with a documented pattern of violations or crashes, that’s direct negligence against the corporate defendant.

The Maintenance File Audit

The maintenance file under 49 C.F.R. Section 396.3 is where we prove negligent maintenance. We audit the file for:

• Missing or incomplete pre-trip inspections
• Missing or incomplete annual inspections
• Missing or incomplete brake-system inspections
• Missing or incomplete tire inspections
• Missing or incomplete repair records

If the carrier failed to maintain the vehicle properly, that’s direct negligence against the corporate defendant.

The Defendant Universe: Who We Sue

We don’t stop at the driver. We sue the trucking companies behind them. The driver in the cab who crashed into your family is one defendant—rarely the most exposed. The universe of potentially liable parties in a Burleson County commercial vehicle crash includes:

• The commercial driver (negligence, hours-of-service violations, distracted driving, DUI, etc.)
• The motor carrier employer (respondeat superior, negligent hiring, negligent training, negligent supervision, negligent retention, negligent maintenance)
• The freight broker (negligent selection of an unsafe carrier under cases like Miller v. C.H. Robinson)
• The shipper (where the shipper directed unsafe loading or scheduling)
• The maintenance contractor (negligent inspection, negligent repair)
• The parts manufacturer (defective tires, brakes, steering, or other components)
• The road designer or Texas Department of Transportation (where roadway design contributed to the crash under the Texas Tort Claims Act)
• The municipality (where municipal infrastructure contributed to the crash under the Texas Tort Claims Act)
• The insurer (under direct-action principles where applicable)
• The parent corporation (under alter-ego or single-business-enterprise theory)
• Cargo loaders (where loading caused the crash)

Amazon and the Independent Contractor Defense

Amazon’s Delivery Service Partner (DSP) program is one of the most aggressive attempts by a major corporation to avoid liability for commercial vehicle crashes. Amazon sets the routes, the schedules, the delivery quotas, and the performance metrics. Amazon monitors drivers through AI-powered cameras (Netradyne/Mentor). Amazon provides the uniforms, the branded vans, and the training. Yet Amazon claims these drivers are independent contractors, not employees.

Federal courts are increasingly rejecting this defense. The three tests to defeat the independent contractor shield are:

1. The ABC Test – The worker is presumed an employee unless all three prove true:

   • Free from company control
   • Performs work outside the company’s usual course of business
   • Customarily engaged in an independently established business

   Amazon DSP drivers fail prong (B)—delivering packages is Amazon’s business.

2. The Economic Reality Test – Examines:

   • Degree of company control
   • Worker’s opportunity for profit or loss
   • Investment in equipment relative to the company
   • Whether the work requires special skill
   • Permanency of the relationship
   • Whether the service is integral to the company’s business

3. The Right-to-Control Test – Does the company retain the right to control HOW the work is done?

We pursue Amazon under all three tests. The same analysis applies to FedEx Ground’s ISP program and other last-mile delivery networks operating in Burleson County.

Government Vehicles and the Texas Tort Claims Act

When a government commercial vehicle is involved—like a TxDOT maintenance truck, a county sheriff’s vehicle, or a school bus operated by a public school district—the Texas Tort Claims Act (TTCA) under Texas Civil Practice and Remedies Code Chapter 101 applies. The TTCA waives sovereign immunity for injuries caused by the use of motor vehicles by government employees, premise defects on government property, and defective conditions of tangible property.

But the TTCA comes with strict requirements:

• Six-month notice requirement under Section 101.101. Miss it and the claim is barred.
• Damage caps under Section 101.023:
  • $250,000 per person
  • $500,000 per occurrence for municipalities
  • Higher caps for state agencies

We file TTCA claims early to preserve the six-month notice window and build the case to maximize recovery within the caps.

Damages: What Your Case Is Worth Under Texas Law

Texas damages categories in a catastrophic truck crash are not a single number on a settlement sheet. They’re a structured set of compensable harms that the Texas Pattern Jury Charge breaks out separately. Every one of these is a separate fight.

Past and Future Medical Care

Past medical care covers everything from the field-triage ambulance bill through the trauma-bay resuscitation, the surgical interventions, the inpatient stay, and the rehabilitation. Future medical care projects the lifetime cost of follow-up care, attendant care, mobility equipment, medication, and surgical revisions. We work with life-care planners and medical economists to calculate these costs accurately.

Past and Future Lost Earnings and Lost Earning Capacity

Past lost earnings cover the paychecks already missed. Future lost earning capacity covers the entire career trajectory your loved one lost. For a 40-year-old breadwinner in Burleson County with a median household income of $55,000, this can exceed $1 million in present value.

Past and Future Physical Pain

Physical pain is the conscious physical suffering your loved one endured between injury and death. For a crash on FM 60 where EMS response took 45 minutes, this can be substantial.

Past and Future Mental Anguish

Mental anguish is the emotional trauma your loved one endured—fear, anxiety, grief, and the knowledge that their life was ending. For a parent who watched their child die in the crash, this is often the most significant category.

Past and Future Physical Impairment

Physical impairment is the loss of enjoyment of life—being unable to walk, to work, to play with children, to engage in hobbies. For a young victim, this can span decades.

Past and Future Disfigurement

Disfigurement covers scars, amputations, and other permanent changes to appearance. For burn injuries, this can be one of the most significant categories.

Loss of Consortium (for the spouse)

Loss of consortium is the loss of companionship, affection, and sexual relations. For a surviving spouse, this is a separate claim under Section 71.004.

Loss of Companionship and Society (for parents and children)

Loss of companionship and society is the loss of love, comfort, and guidance. For surviving parents and children, this is a separate claim under Section 71.004.

Pecuniary Loss in Wrongful Death

Pecuniary loss is the financial support your loved one would have provided to their family. For a primary breadwinner, this can be substantial.

Mental Anguish for Survivors in Wrongful Death

Mental anguish for survivors is the emotional trauma the family endures—grief, sorrow, and the loss of their loved one.

Loss of Inheritance

Loss of inheritance is the amount your loved one would have saved and left to their heirs if they had lived a full life.

Exemplary Damages

Exemplary damages are available where the carrier’s conduct rises to gross negligence under Chapter 41. The standard is high, but the exposure is unlimited when the underlying act is a felony, like intoxication manslaughter.

The Defense Playbook: What the Carrier Will Do—and How We Answer

The carrier’s defense lawyers have a script. They know every line. We know it too, because Lupe Peña used it for years when he worked for insurance defense firms. Here’s what they’ll do—and how we answer.

Tactic 1: Quick Lowball Settlement

What they do: The adjuster calls within days of the crash with a small offer designed to be accepted before you talk to a lawyer.

Our answer: First offers are always a fraction of case value. We never advise a client to sign a release in the first 96 hours—and we calculate full damages before responding.

Tactic 2: Recorded Statement Trap

What they do: “We just need a quick recorded statement for our files.” The questions are trained to make you minimize your injuries.

Our answer: That statement will be used against you later. Never give a recorded statement without your attorney present.

Tactic 3: Comparative Negligence

What they do: “Your loved one was partially at fault—they were speeding / not wearing a seatbelt / changed lanes.”

Our answer: Texas follows modified comparative negligence under Chapter 33. Even at 50% fault, you recover. We anticipate this attack and develop evidence that pushes fault back where it belongs.

Tactic 4: Pre-Existing Condition

What they do: “Your loved one’s back problems existed before this accident.”

Our answer: The eggshell skull doctrine: the defendant takes the plaintiff as they find them. If a pre-existing condition was worsened by the crash, the defendant is liable for the aggravation.

Tactic 5: Delayed Treatment Defense

What they do: “You didn’t see a doctor for three weeks—so you must not be seriously hurt.”

Our answer: Adrenaline masks pain. TBI symptoms can take days or weeks to appear. Delayed treatment doesn’t mean no injury—and we have the medical evidence to prove it.

Tactic 6: Spoliation (Evidence Destruction)

What they do: They don’t announce this—they just do it. ELD data, dashcam footage, dispatch records “disappear” before discovery.

Our answer: We file spoliation preservation letters within 24 hours of taking the case. Every black box record, every ELD log, every maintenance file—locked down before they can “accidentally” delete them.

Tactic 7: IME Doctor Selection

What they do: “Independent” medical examiners chosen for their pattern of finding plaintiffs not as injured as they claim.

Our answer: Lupe Peña hired these doctors when he worked for insurance defense firms. He knows the panel. We counter with your loved one’s treating physicians and independent experts the carrier can’t impeach.

Tactic 8: Surveillance

What they do: Investigators photographing you doing anything that looks “normal.”

Our answer: Lupe’s insider quote: “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: insurance companies take innocent activity out of context. They freeze one frame of you moving ‘normally’ and ignore the ten minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”

Tactic 9: Delay Tactics

What they do: Drag the case past the statute of limitations, exhaust your resources, force a low settlement out of financial desperation.

Our answer: We file lawsuit early to force discovery. We set depositions. We make the carrier carry the cost of delay.

Tactic 10: Drowning You in Paperwork

What they do: Massive discovery requests designed to overwhelm an underfunded plaintiff’s counsel.

Our answer: We staff the case appropriately and use motion practice to limit overbroad discovery while preserving every record we need.

The Colossus Algorithm: How the Carrier Values Your Case

Most insurance companies use proprietary claim valuation software—commonly Colossus, Liability Decision Manager, or Claim IQ—to algorithmically value bodily injury claims. The software ingests medical codes, treatment duration, injury type, and geographic and demographic modifiers, and outputs a settlement range that the adjuster works inside.

Colossus Geographic Modifier

The software values claims partly by the historical jury verdict pattern in the venue. Conservative counties produce lower modifier values. Plaintiff-friendly counties produce higher modifier values. The adjuster doesn’t negotiate against your case—they negotiate against the software’s number.

Why Lupe Matters Here

Lupe Peña worked inside this system. He understands which medical codes the software weights most heavily, which treatment durations trigger value bumps, and which demographic markers reduce the modifier. He knows what evidence to develop to push the Colossus value up before negotiations begin.

What This Means for Your Burleson County Case

Burleson County’s jury verdict history sets the geographic modifier for every Colossus valuation of a Burleson County claim. We don’t accept the algorithm’s first number. We develop evidence specifically calibrated to push past the modifier ceiling.

The 12 Objections: Why People Don’t Call a Lawyer—and How We Answer Them

These are the 12 most common reasons a Texas accident victim doesn’t call a lawyer. We address each preemptively.

1. I can’t afford a lawyer.
   → Contingency fee—33.33% pre-trial, 40% if trial. You pay zero upfront. We only get paid when we win for you. You may still be responsible for court costs and case expenses.

2. My injuries aren’t serious enough.
   → Even “minor” truck accident injuries develop into chronic conditions. Whiplash from a truck collision generates 20–40G of force—that’s not minor by any medical standard.

3. It was partially my loved one’s fault.
   → Texas allows recovery even at 50% fault. Don’t let guilt prevent you from getting compensation you legally deserve.

4. The insurance company already made me an offer.
   → First offers are designed to be accepted before you know what your case is worth. We evaluate every offer against the full value of your claim—including future medical needs you haven’t thought of yet.

5. I don’t want to sue anyone.
   → Most trucking cases settle without ever going to court. Filing a claim isn’t about being litigious—it’s about making sure you’re not the one paying for someone else’s negligence.

6. It will take too long.
   → We push for resolution as fast as possible without sacrificing value. Many trucking cases settle within six to twelve months.

7. All lawyers are the same.
   → Most personal injury firms have never read 49 C.F.R. Parts 390 through 399. Ask your prospective lawyer to explain Hours of Service. If they can’t, find one who can.

8. I’m undocumented / I’m afraid of my immigration status.
   → Immigration status doesn’t affect your right to compensation in Texas. Hablamos Español. Your case and your information stay confidential.

9. I already have a lawyer but I’m not happy.
   → You can switch lawyers at any time. If your current attorney isn’t returning calls, not updating you, or pushing you to settle too low—you have options.

10. The trucking company seems to be handling it fairly.
    → Their “fairness” is managed by adjusters trained to minimize payouts. They have a team working against you 24/7. You need a team working for you.

11. I’ll wait and see how I feel first.
    → Evidence is being destroyed right now. Black box data overwrites. Witnesses forget. The 48-hour window is ticking. You can always decide not to proceed later—but you can’t recreate evidence that’s already gone.

12. I don’t know if my case is worth anything.
    → Call 1-888-ATTY-911 for a free case evaluation. In 15 minutes we’ll tell you exactly what your case may be worth—with no obligation.

The Two-Year Clock: What You Need to Do Now

Texas Civil Practice and Remedies Code Section 16.003 gives you exactly two years from the date of the fatal injury to file a wrongful death action. The clock runs whether or not the carrier’s insurer is returning calls. Once it runs, the case dies procedurally, and the carrier walks away from a viable claim.

We open the FMCSA Pre-Employment Screening Program file on the driver and the Safety Measurement System profile on the carrier in the first 48 hours, before evidence the carrier controls starts to disappear. We send preservation letters to lock down the ECM, the ELD, the dashcam footage, the dispatch records, the maintenance files, and the driver qualification file.

Call 1-888-ATTY-911 now. We’re available 24/7 with live staff—not an answering service. Ralph Manginello has been representing injury victims in Texas courtrooms since 1998. Lupe Peña worked for years at a national insurance defense firm, learning firsthand how large insurance companies value claims. We know their tactics because he used them. Now we use that knowledge to fight for you.

Every case is unique. Past results do not guarantee future outcomes. But we have recovered multi-million dollar settlements for injuries exactly like yours in Burleson County and across Texas. We don’t just sue truck drivers—we sue the trucking companies behind them. And we don’t stop until we’ve held every responsible party accountable.

Para las familias hispanohablantes de Burleson County, sabemos que enfrentar el sistema legal después de un accidente catastrófico puede ser abrumador. Atendemos a las familias en español, desde la primera llamada hasta la última audiencia en el tribunal del condado donde se presente el caso. El Código de Práctica Civil y Remedios de Texas, Sección 16.003, otorga dos años desde la fecha de la lesión fatal para presentar una demanda por homicidio culposo—el reloj no se detiene mientras la familia está de luto.

Llame al 1-888-ATTY-911 ahora. Estamos aquí para ayudarle.