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Coke County Truck Accident & Oilfield Vehicle Crash Attorneys — Attorney911 (The Manginello Law Firm, PLLC) Brings 27+ Years of Federal-Court Trial Experience to Coke County’s Permian Basin Freight Corridors: Halliburton Water Tankers, Schlumberger Sand Haulers, Baker Hughes Fleet Trucks, Patterson-UTI Hotshots, Walmart 18-Wheelers & Every Corporate Defendant Operating SH 285, US 285 & I-20, Ralph Manginello’s BP Explosion Litigation Background, Lupe Peña’s Former Insurance Defense Expertise Beats Great West Casualty, Old Republic & Zurich, FMCSA 49 CFR Parts 390-399 Mastery Extracts Samsara, Motive & Qualcomm OmniTRACS ELD Data Before the 30-Day Black-Box Overwrite, 80,000-Pound Semis to 60,000-Pound Dump Trucks to $5M Class A Hazmat Tankers, TBI ($5M+ Recovered), Burns, Amputation ($3.8M+) & Wrongful Death — Free 24/7 Consultation, No Fee Unless We Win, 1-888-ATTY-911

May 12, 2026 30 min read
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Fatal Big-Rig Crashes in Coke County, Texas: What Families Need to Know After a Devastating Loss

You’re reading this because someone you love didn’t come home from a Coke County road. Maybe it was FM 2034 near the county line, where oilfield service trucks run day and night between well sites. Maybe it was US Highway 277, where long-haul semis move between San Angelo and Abilene. Or maybe it was one of the farm-to-market roads that carry grain trucks through the heart of West Texas ranch country. Wherever it happened, an 80,000-pound tractor-trailer changed everything for your family on a corridor most people in Coke County drive without thinking twice.

Texas Civil Practice and Remedies Code Section 16.003 started a clock 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—whether you’re the surviving spouse, child, or parent—hold an independent 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 statutory tracks, one two-year clock.

The carrier whose driver killed your family member has lawyers who’ve been working since the night of the wreck. The longer you wait, the more evidence they control—the electronic logging device under 49 C.F.R. Part 395, the dashcam footage, the maintenance records under Part 396, the driver qualification file under Part 391—and the more of it disappears. We send preservation letters within 24 hours that lock it all down. We pull the FMCSA Safety Measurement System profile on the carrier and the Pre-Employment Screening Program record on the driver before discovery even opens. We know what the Texas Pattern Jury Charge will ask in the Coke County courthouse, and we build the case for those questions from the first investigator we send to the scene.

The Reality of Big-Rig Crashes on Coke County’s Roads

Coke County sits in the heart of West Texas, where the Permian Basin’s oilfield activity meets the Hill Country’s ranching economy. The county’s freight corridors tell the story:

  • US Highway 277 runs north-south through Robert Lee, carrying everything from oilfield equipment to livestock between San Angelo and Abilene. The Texas Department of Transportation’s Crash Records Information System (CRIS) shows this stretch carries some of the highest commercial-vehicle crash rates in the region, particularly during harvest season when grain trucks and oilfield service vehicles share the road.
  • FM 2034 connects US 277 to the county’s oilfield service yards, where water haulers, sand trucks, and frac spread mobilization convoys stage before heading to well sites in Runnels and Nolan counties. These aren’t long-haul semis—they’re the oilfield service trucks that keep the Permian Basin running, and their crash patterns follow boom-and-bust cycles in crude prices.
  • FM 1672 and FM 2914 serve as critical farm-to-market routes, moving cattle, cotton, and grain from rural operations to processing facilities in San Angelo and beyond. The TxDOT CRIS data confirms what local families already know: these two-lane roads produce some of the most severe crashes in Texas, with rural fatalities 2.66 times more likely than urban crashes due to longer EMS response times and limited trauma access.

When a fully loaded tractor-trailer loses control on any of these corridors, the physics are unforgiving. A semi-truck at highway speed needs more than 500 feet to stop—about the length of two football fields. When that same truck is hauling frac sand or crude oil, the stopping distance increases. The Federal Motor Carrier Safety Administration’s (FMCSA) Large Truck Crash Causation Study found that brake problems contribute to 29% of all commercial vehicle crashes. In Coke County’s heat, where summer asphalt temperatures routinely exceed 140°F, brake-system failures and tire blowouts become even more common.

What Texas Law Gives Your Family After a Fatal Truck Crash

Texas wrongful-death law isn’t just about compensation—it’s about accountability. The statutes recognize that losing a family member in a preventable crash leaves survivors with losses that go far beyond medical bills. Here’s what the law provides:

Wrongful Death Claims (Texas Civil Practice & Remedies Code § 71.004)

Under Section 71.004, the surviving spouse, children, and parents of the deceased each hold an independent wrongful-death claim. This means:

  • A surviving spouse can bring a claim for the loss of companionship, love, and emotional support.
  • Children can bring claims for the loss of parental guidance, care, and support.
  • Parents can bring claims for the loss of their child’s love, companionship, and emotional support.

Each of these claims is separate. The carrier’s defense team will try to treat your family as a single unit to minimize payouts. We file each claim independently to ensure every survivor’s loss is fully recognized.

Survival Action (Texas Civil Practice & Remedies Code § 71.021)

The estate of the deceased holds a separate survival action for the damages the deceased would have been entitled to if they had survived. This includes:

  • The conscious pain and suffering your loved one endured between the crash and their death.
  • Medical expenses incurred before death.
  • Funeral and burial expenses.

In Coke County, where EMS response times can exceed 30 minutes for rural crashes, survival actions often carry significant value for the pain and suffering endured during transport to Shannon Medical Center in San Angelo or Hendrick Medical Center in Abilene.

Exemplary Damages (Texas Civil Practice & Remedies Code Chapter 41)

When the carrier’s conduct rises to gross negligence—such as knowingly dispatching a fatigued driver, falsifying logbooks, or ignoring prior preventability determinations—Texas law allows exemplary damages. The standard requires clear and convincing evidence that the carrier acted with:

  1. Objective extreme risk—the conduct created a high degree of probability of serious harm.
  2. Subjective awareness—the carrier knew of the risk but proceeded anyway.
  3. Proceeded with conscious indifference—the carrier ignored the known risk.

The felony exception under Section 41.008 removes the statutory cap on exemplary damages when the underlying conduct is a felony. For example, if the driver was charged with intoxication manslaughter (a felony), there is no limit on the exemplary damages a Coke County jury can award.

The Federal Regulations Every Coke County Family Needs to Know

Commercial trucking isn’t governed by Texas law alone. The Federal Motor Carrier Safety Regulations (FMCSR) set the safety standards carriers must follow, and violations of these rules can support negligence per se claims under Texas law. Here’s what applies to your case:

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

Federal law limits property-carrying commercial drivers to:

  • 11 hours of driving within a 14-hour duty window, after 10 consecutive hours off duty.
  • A 70-hour cap over 8 consecutive days.
  • A 30-minute break after 8 hours of driving.

The electronic logging device (ELD) mandate under 49 C.F.R. Part 395 Subpart B requires carriers to use tamper-resistant devices to track driving time. When the ELD log shows compliance but the dashcam footage or fuel receipts tell a different story, we have evidence of falsification—a gross-negligence predicate under Texas law.

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

Before hiring a driver, carriers must:

  • Verify the driver’s commercial driver’s license (CDL) status.
  • Obtain a Pre-Employment Screening Program (PSP) report from the FMCSA, which includes the driver’s crash and inspection history.
  • Conduct a road test or accept a valid road test certificate from a prior employer.
  • Obtain a medical examiner’s certificate from a certified medical examiner.

If the carrier hired a driver with a history of hours-of-service violations, prior preventable crashes, or falsified medical certificates, we pursue negligent hiring claims under Texas common law.

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

Carriers must:

  • Conduct pre-trip inspections under § 396.13, including checks of brakes, tires, lights, and coupling devices.
  • Maintain records of all inspections, repairs, and maintenance for at least 12 months.
  • Ensure all defects are repaired before the vehicle is dispatched.

When a brake failure or tire blowout causes a fatal crash, we subpoena the maintenance records to prove the carrier knew—or should have known—about the defect.

Minimum Insurance Requirements (49 C.F.R. § 387.7)

Federal law requires commercial carriers to carry minimum liability insurance:

  • $750,000 for non-hazardous freight.
  • $1,000,000 for passenger-carrying vehicles (e.g., charter buses).
  • $5,000,000 for Class A hazardous materials (e.g., crude oil, chemicals).

The MCS-90 endorsement on the carrier’s policy guarantees payment to injured third parties even if the policy would otherwise exclude coverage. This is the ultimate collection safety net in trucking cases.

The Defendants Beyond the Driver: Who Else Is Responsible?

Most Texas personal injury firms stop at the driver. We don’t. In Coke County, where oilfield service trucks, grain haulers, and long-haul semis share the roads, the universe of liable parties extends far beyond the person behind the wheel. Here’s who we name in a typical fatal big-rig case:

  1. The Commercial Driver – For negligence in operating the vehicle, such as speeding, distracted driving, or fatigue.
  2. The Motor Carrier Employer – Under respondeat superior for the driver’s negligence within the course and scope of employment. We also pursue direct negligence claims for:
    • Negligent hiring (failing to screen the driver’s history).
    • Negligent training (failing to provide adequate safety training).
    • Negligent supervision (ignoring prior preventability determinations).
    • Negligent retention (keeping a dangerous driver on the road).
  3. The Freight Broker – Under Miller v. C.H. Robinson Worldwide, Inc. (9th Cir. 2020) and its Texas progeny, brokers can be liable for negligent selection of unsafe carriers.
  4. The Shipper – When the shipper directed unsafe loading, scheduling, or routing, we pursue negligent loading and negligent scheduling claims.
  5. The Maintenance Contractor – If a third-party mechanic failed to properly inspect or repair the truck, we name them for negligent maintenance.
  6. The Parts Manufacturer – If a defective part (e.g., brakes, tires, steering) contributed to the crash, we pursue product liability claims under Texas common law.
  7. The Road Designer or Texas Department of Transportation (TxDOT) – If road design defects (e.g., missing guardrails, inadequate signage, shoulder drop-offs) contributed to the crash, we pursue claims under the Texas Tort Claims Act.
  8. The Municipality – If municipal infrastructure (e.g., malfunctioning traffic signals, poorly maintained roads) contributed, we name the city or county under the Texas Tort Claims Act.
  9. The Insurer – Under direct-action principles, we may name the carrier’s primary and excess insurers as defendants.
  10. The Parent Corporation – Under alter-ego or single-business-enterprise theory, we may reach the corporate parent if the carrier is undercapitalized or operated as a shell.

House Bill 19 (codified at Chapter 72 of the Texas Civil Practice and Remedies Code) requires bifurcation of trucking trials on the defense’s motion. The first phase addresses the driver’s negligence and compensatory damages. The second phase, if reached, addresses direct-negligence claims against the carrier and exemplary damages. We structure discovery to ensure the second phase becomes inevitable.

The Carrier’s Defense Playbook—and How We Counter It

The carrier’s defense team has a script. We’ve heard every line before we walk into the Coke County courthouse. Here’s what they’ll say—and how we answer:

Defense Tactic What They’ll Say Our Counter
Quick Lowball Settlement “We’d like to resolve this quickly for a fair amount.” First offers are always a fraction of case value. We calculate full damages—including future medical care, lost earning capacity, and mental anguish—before responding.
Recorded Statement Trap “We just need a quick recorded statement for our files.” That statement will be used against you. Never give a recorded statement without your attorney present.
Comparative Negligence “Your loved one was partially at fault—they were speeding / not wearing a seatbelt / changed lanes.” Texas follows modified comparative negligence under Chapter 33. Even at 50% fault, you recover. We develop evidence that pushes fault back where it belongs.
Pre-Existing Condition “Your loved one had back problems before this accident.” 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.
Delayed Treatment Defense “You didn’t see a doctor for three weeks—so you must not be seriously hurt.” 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.
Spoliation (Evidence Destruction) “The ELD data was overwritten / the dashcam footage was lost.” We file spoliation preservation letters within 24 hours. If evidence disappears, we argue for an adverse inference charge—asking the jury to assume the missing evidence would have hurt the carrier’s case.
IME Doctor Selection “We’d like our independent medical examiner to evaluate your injuries.” Lupe Peña hired these doctors when he worked for insurance defense firms. He knows the panel. We counter with your treating physicians and independent experts the carrier can’t impeach.
Surveillance “Our investigator took photos of your loved one walking normally.” Lupe’s insider quote: “Insurance companies take innocent activity out of context. They freeze one frame and ignore ten minutes of struggling before and after.” We expose this in deposition.
Delay Tactics “Let’s wait and see how your loved one recovers.” We file lawsuit early to force discovery. We set depositions. We make the carrier carry the cost of delay.
Drowning You in Paperwork “We need 50,000 pages of medical records and 10 years of tax returns.” We staff the case appropriately and use motion practice to limit overbroad discovery while preserving every record we need.

The Colossus Algorithm: How Insurance Companies Value Your Case

Most insurance companies use proprietary software—like Colossus or Claim IQ—to algorithmically value bodily injury claims. The software ingests:

  • Medical codes and treatment duration.
  • Injury type (e.g., traumatic brain injury, spinal cord injury, wrongful death).
  • Geographic and demographic modifiers (e.g., Coke County’s jury verdict history).

The adjuster doesn’t negotiate against your case—they negotiate against the software’s number. Here’s how we push past the algorithm’s ceiling:

  1. Develop the medical record to show the full extent of injuries, including future care needs.
  2. Highlight gross negligence (e.g., falsified logs, prior preventability determinations) to trigger exemplary damages.
  3. Leverage Coke County’s jury verdict history—if prior cases show high awards for similar injuries, we use that to push the Colossus value up.

Lupe Peña worked inside this system. He knows which medical codes Colossus weights most heavily and which demographic markers reduce the modifier. We build the case to maximize the algorithm’s output before negotiations begin.

What Your Case Is Worth: Texas Damages Categories

Texas Pattern Jury Charges break damages into separate categories. Each one is calculated independently, and each one carries its own fight:

Damages Category What It Covers How We Prove It
Past Medical Care All medical expenses from the crash to the present. Hospital bills, ambulance records, doctor visits, prescription costs, rehabilitation.
Future Medical Care Lifetime cost of medical treatment, including surgeries, medications, and attendant care. Life-care planner + medical economist projections.
Past Lost Earnings Wages lost from the crash to the present. Pay stubs, employer records, tax returns.
Future Lost Earning Capacity The career trajectory your loved one lost. Vocational expert + economic expert projections.
Physical Pain The pain your loved one endured before death. Medical records, witness testimony, expert opinion.
Mental Anguish The emotional suffering of survivors. Testimony from family, friends, and mental health professionals.
Physical Impairment Loss of enjoyment of life (e.g., inability to walk, work, or engage in hobbies). Medical records, expert testimony.
Disfigurement Permanent scars, burns, or amputations. Medical records, photographs, expert testimony.
Loss of Consortium The loss of companionship, love, and support for the surviving spouse. Testimony from the spouse, family, and friends.
Loss of Companionship and Society The loss of parental guidance for children or the loss of a child’s companionship for parents. Testimony from children, parents, and experts.
Exemplary Damages Punitive damages for gross negligence. Clear and convincing evidence of fraud, malice, or gross negligence.

In wrongful-death cases, the pecuniary loss (financial support the deceased would have provided) can be substantial. For example, if your loved one was the primary breadwinner in a family of four, we calculate:

  • Lost wages over their expected career span.
  • Lost benefits (health insurance, retirement contributions).
  • Lost household services (childcare, home maintenance).

For a 40-year-old earning $75,000 per year, pecuniary loss can exceed $2 million before accounting for inflation or career advancement.

The Evidence We Preserve in the First 48 Hours

Evidence in commercial-vehicle cases has a half-life measured in days. Here’s what we lock down immediately:

Evidence Type Auto-Deletion Window Why It Matters
Surveillance Footage 7–14 days Gas stations, convenience stores, and Ring doorbells near the crash site may have captured the incident.
Dashcam Footage 7–14 days Forward-facing and driver-facing cameras are overwritten quickly.
Electronic Logging Device (ELD) 30–180 days The ELD records every minute the truck moved. We subpoena the raw data to cross-reference against logs.
Black Box / Event Data Recorder (EDR) 30–180 days The EDR records speed, braking, and impact forces. We download it before it’s overwritten.
GPS / Qualcomm / PeopleNet Telematics Carrier-controlled Telematics data shows the truck’s speed, location, and route. We subpoena it before the carrier deletes it.
Dispatch Records Carrier-controlled Dispatch records show how many hours the driver was on duty. We subpoena them before they’re lost.
Maintenance Records 49 C.F.R. § 396.3 retention Maintenance records show if the carrier ignored brake or tire defects. We subpoena them.
Driver Qualification File 49 C.F.R. § 391.51 retention The file includes the driver’s PSP report, medical certificate, and road test. We subpoena it.
Post-Accident Drug & Alcohol Screen 49 C.F.R. § 382.303 If the driver tested positive, it supports gross negligence claims. We preserve the results.
Police 911 Call Recordings 30–90 days 911 calls may include witness statements or descriptions of the crash. We request them.
Toll-Road Records (TxTag, EZ Tag) Varies Toll records prove the truck’s route and speed. We subpoena them.
Traffic Camera Footage Varies Some cities retain footage for 30 days. We request it immediately.

Within 24 hours of taking your case, we send a preservation letter to the carrier, the broker, the shipper, and any third-party telematics provider. The letter identifies every piece of evidence listed above and puts them on notice that spoliation (destruction of evidence) will be argued—and an adverse inference charge sought—if any of it disappears.

Why Coke County Families Choose Attorney 911

We don’t just handle trucking cases—we live in the world of commercial-vehicle litigation. Here’s what sets us apart:

1. Ralph Manginello’s 27+ Years of Federal Court Experience

Ralph Manginello has been representing injury victims in Texas courtrooms since 1998. He’s admitted to the U.S. District Court, Southern District of Texas, which covers Coke County, and he’s tried cases against some of the largest carriers in the country. When your case is filed in the Coke County courthouse, Ralph’s 27+ years and federal court admission mean he’s standing in a courtroom he knows—not one he’s visiting.

2. Lupe Peña’s Insurance Defense Advantage

Lupe Peña worked for years at a national defense firm, learning firsthand how large insurance companies value claims. He calculated them himself. He hired independent medical examiners. He deployed the defense playbook. Now he fights for you.

Here’s what Lupe knows:

  • Which IME doctors insurers favor—and how to counter their reports.
  • How Colossus values claims—and how to push the algorithm’s ceiling.
  • What evidence carriers try to destroy—and how to preserve it before they can.

“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.”

3. We’ve Handled Cases Like Yours Before

Our firm has recovered $50 million+ across practice areas, including:

  • $5+ million for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company.
  • $3.8+ million for a client whose leg was injured in a car accident, leading to a partial amputation after staff infections.
  • $2+ million for a maritime client who injured his back while lifting cargo on a ship (we proved he should have been assisted).
  • Multi-million dollar settlements in trucking-related wrongful death cases.

“Every case is unique. Past results do not guarantee future outcomes.”

4. We’re One of the Few Firms Involved in BP Texas City Refinery Litigation

The 2005 BP Texas City Refinery explosion killed 15 workers and injured 180+. Our firm was involved in the litigation, giving us experience with catastrophic industrial accidents and multinational corporate defendants.

5. We Speak Spanish—Sin Interpreters

Lupe Peña is fluent in Spanish, and our staff includes bilingual team members. If your family prefers Spanish, we handle your case in Spanish—from the first call to the final court appearance.

“Hablamos Español. Lupe Peña maneja su caso personalmente. Su estatus migratorio NO importa—usted tiene derechos.”

6. We Know Coke County’s Roads and Industries

Coke County’s freight environment is unique:

  • Oilfield service trucks run FM 2034 and US 277 between well sites in Runnels and Nolan counties.
  • Grain trucks move cotton and cattle on FM 1672 and FM 2914 during harvest season.
  • Long-haul semis transit US 277 between San Angelo and Abilene, carrying everything from crude oil to consumer goods.

We know the carriers that operate here, the corridors they run, and the crash patterns that follow.

7. We Don’t Stop at the Driver

Most Texas personal injury firms sue the driver and stop there. We sue the trucking company, the broker, the shipper, the maintenance contractor, and the parent corporation. We name every defendant whose conduct contributed to the crash.

8. We’re Available 24/7—Not an Answering Service

When you call 1-888-ATTY-911 (1-888-288-9911), you’ll speak to a live staff member—not an answering service. We’re here when you need us.

What Happens Next: Your Case Timeline

Here’s what to expect when you call us:

Day 1: Immediate Response

  • We accept your case and send preservation letters to the carrier, broker, shipper, and telematics provider.
  • We deploy an accident reconstruction expert to the scene if needed.
  • We obtain the police crash report.
  • We photograph your loved one’s injuries and all vehicles involved.

Days 1–30: Evidence Gathering

  • We subpoena the ELD and black-box data downloads.
  • We request the driver’s paper log books (backup documentation).
  • We obtain the Driver Qualification File from the carrier.
  • We request all truck maintenance and inspection records.
  • We obtain the carrier’s CSA safety scores and inspection history.
  • We order the driver’s complete Motor Vehicle Record.
  • We subpoena the driver’s cell phone records.
  • We obtain dispatch records and delivery schedules.
  • We pull surveillance footage from businesses near the scene.

Days 30–90: Expert Analysis

  • Our accident reconstruction specialist creates a crash analysis.
  • Our medical experts establish causation and future-care needs.
  • Our vocational experts calculate lost earning capacity.
  • Our economic experts determine the present value of all damages.
  • Our life-care planners develop detailed care plans for catastrophic injuries.
  • Our FMCSA regulation experts identify all violations.

Day 90+: Litigation Strategy

  • We file a lawsuit before the two-year statute of limitations expires.
  • We pursue full discovery against all liable parties.
  • We depose the truck driver, dispatcher, safety manager, and maintenance personnel.
  • We build the case for trial while negotiating settlement from a position of strength.
  • We prepare every case as if it’s going to trial—because that creates negotiating strength.

Frequently Asked Questions

How long do I have to file a wrongful-death lawsuit in Coke County?

Texas Civil Practice and Remedies Code Section 16.003 gives you two years from the date of the fatal injury to file a wrongful-death action. The clock starts the day of the crash—not the day of the funeral, the autopsy report, or when you feel ready. If you miss the deadline, the case is barred forever.

What if the truck driver was also killed in the crash?

If the commercial driver was killed, we pursue claims against:

  • The motor carrier employer (under respondeat superior and direct negligence).
  • The freight broker (for negligent selection).
  • The shipper (if they directed unsafe loading or scheduling).
  • The maintenance contractor (if they failed to inspect or repair the truck).
  • The parts manufacturer (if a defective part caused the crash).

We also investigate whether the driver’s estate has a claim under the Texas survival statute.

What if the trucking company offers me a settlement?

First offers are always a fraction of what your case is worth. The carrier’s adjuster is trained to close the file for the lowest number possible. We evaluate every offer against the full value of your claim, including:

  • Future medical care.
  • Lost earning capacity.
  • Pain and suffering.
  • Mental anguish.
  • Loss of companionship.

We never advise a client to accept a settlement without calculating the full damages.

What if I’m partially at fault for the crash?

Texas follows modified comparative negligence under Chapter 33. You can recover damages as long as you’re 50% or less at fault. Your recovery is reduced by your percentage of fault. For example, if you’re found 30% at fault and your damages are $1 million, you recover $700,000.

We anticipate the carrier’s comparative negligence arguments and develop evidence to push fault back where it belongs.

What if the trucking company says the driver was an independent contractor?

Many carriers (like Amazon DSP, FedEx Ground, and oilfield service subcontractors) try to avoid liability by claiming the driver was an independent contractor, not an employee. We defeat this defense using three tests:

  1. The ABC Test – The worker is presumed an employee unless the carrier proves:
    • The worker is free from the company’s control.
    • The work is outside the company’s usual course of business.
    • The worker is customarily engaged in an independently established business.
  2. The Economic Reality Test – We examine the degree of control, the worker’s opportunity for profit or loss, and whether the service is integral to the company’s business.
  3. The Right-to-Control Test – If the company controls how the work is done (routes, schedules, uniforms, monitoring), it’s an employment relationship.

Most “independent contractor” drivers fail at least one of these tests.

What if the trucking company is based out of state?

Out-of-state carriers are still subject to Texas jurisdiction if the crash occurred in Texas. We sue them in the Coke County courthouse and pursue their Texas insurance policies under the MCS-90 endorsement.

What if the trucking company files for bankruptcy?

If the carrier files for bankruptcy, we pursue:

  • The MCS-90 endorsement on their insurance policy, which guarantees payment to injured third parties even if the policy would otherwise exclude coverage.
  • The freight broker (for negligent selection).
  • The shipper (for negligent loading or scheduling).
  • The parent corporation (under alter-ego theory).

What if my loved one was a commercial driver killed on the job?

If your loved one was a commercial driver killed in a crash, we pursue:

  • Workers’ compensation claims (if applicable).
  • Third-party liability claims against the at-fault driver and their employer.
  • Wrongful-death claims under Texas law.

We coordinate these claims to maximize your recovery.

What if I don’t speak English?

Hablamos Español. Lupe Peña and our bilingual staff handle your case in Spanish from the first call to the final court appearance. Your immigration status does not affect your right to compensation.

“Lupe Peña maneja su caso personalmente. No necesita un intérprete. Su estatus migratorio no importa—usted tiene derechos bajo la ley de Texas.”

What if 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, isn’t updating you, or is pushing you to settle for too little, you have options. We’ll review your case and explain your rights.

The Next Step: Call 1-888-ATTY-911

The carrier’s lawyers have been working since the night of the crash. The evidence is disappearing. The two-year clock is running.

We don’t just handle trucking cases—we live in the world of commercial-vehicle litigation. We know the carriers that operate in Coke County. We know the corridors they run. We know the crash patterns that follow. And we know how to build a case that holds them accountable.

Call 1-888-ATTY-911 (1-888-288-9911) for a free consultation. In 15 minutes, we’ll tell you exactly what your case may be worth—and what we can do to fight for you.

“No amount of money will bring your loved one back. But holding the trucking company accountable protects other families on Coke County’s roads.”

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