Fatal 18-Wheeler and Tractor-Trailer Accidents in Denton County: What Families Need to Know
You’re reading this because someone you love didn’t come home from a road you’ve driven a thousand times. Maybe it was Interstate 35 through Lewisville, where the morning commute backs up between the Loop 288 interchange and the University Drive overpass. Maybe it was the stretch of US Highway 380 between Denton and McKinney, where long-haul trucks transition from rural two-lane to suburban arterial. Or maybe it was one of the local roads like FM 428 or FM 455, where Amazon delivery vans and Sysco foodservice trucks share the lane with school buses and rush-hour traffic.
The crash happened. The 18-wheeler was there. Now there are decisions to make that no one prepares you for—medical bills you didn’t plan, funeral arrangements you never expected, and an insurance adjuster calling from a call center in Dallas or Phoenix who doesn’t know Denton County’s roads, doesn’t know your family, and certainly doesn’t care that your spouse was the one who always handled the car maintenance.
We’ve represented families in Denton County for more than two decades. We know the corridors—the freight density on I-35, the blind curves on US 380, the school-zone congestion around Denton Independent School District campuses. We know the carriers—Werner Enterprises running I-35 between Laredo and the Oklahoma line, J.B. Hunt hauling containers from the Alliance Global Logistics Hub, Amazon DSP contractors delivering packages through every neighborhood in Flower Mound and Corinth. And we know the law—every statute, every regulation, every Pattern Jury Charge question a Denton County jury will actually answer.
This isn’t theoretical. This is what we do when the call comes in at 2:17 a.m. and the trooper on the line says, “I’m sorry, ma’am, but your husband didn’t make it.”
The Reality of 18-Wheeler Crashes in Denton County
Denton County recorded 50 traffic fatalities in 2024, and commercial vehicles were involved in nearly a third of them. The Texas Department of Transportation’s Crash Records Information System shows that I-35 through Denton County carries one of the highest fatal-crash densities in the state—one fatality every 12.4 miles along the corridor between the Lewisville Lake Toll Bridge and the Cooke County line. US Highway 380, running east-west through the county, has a fatality rate of 1.8 per 100 million vehicle miles traveled—nearly double the state average for similar highways.
These aren’t statistics. They’re the wreck that closed I-35 last Tuesday, the ambulance your neighbor heard at 3:47 a.m., the flowers on the overpass at the Mayhill Road interchange.
Why Denton County’s Roads Are Different
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Freight Corridor Density: I-35 is the NAFTA superhighway—the primary freight artery between Laredo and the Midwest. The stretch through Denton County carries more than 12,000 commercial vehicles per day, including:
- Long-haul interstate carriers (Werner, J.B. Hunt, Schneider, Swift)
- Regional less-than-truckload operators (Old Dominion, Saia, Estes)
- Intermodal drayage tractors pulling containers from the Alliance Global Logistics Hub
- Oilfield service vehicles transitioning from the Barnett Shale legacy fields to the Permian Basin
- Last-mile delivery vans (Amazon DSP, FedEx Ground, UPS)
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Suburban Transition Zones: The areas where rural highways like US 380 and FM 455 meet suburban development (Argyle, Aubrey, Little Elm) create conflict points where high-speed truck traffic interacts with school buses, residential driveways, and pedestrian crossings.
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Construction and Lane Shifts: The Texas Department of Transportation’s ongoing I-35 expansion projects—particularly between US 380 and SH 121—create temporary lane shifts, narrowed shoulders, and work-zone speed reductions that commercial drivers frequently ignore.
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Weather Exposure: Denton County sits in North Texas’s “ice belt,” where winter storms produce black-ice conditions on elevated bridges (the Lewisville Lake Toll Bridge, the I-35 overpasses at Mayhill and Colorado) that catch commercial drivers without proper training or equipment.
What Texas Law Gives Your Family
Texas Civil Practice and Remedies Code Section 16.003 started a clock the day of the crash. You have exactly two years from the date of the fatal injury to file a wrongful-death action. Not from the funeral. Not from the autopsy report. Not from the day you finally feel ready to think about a lawyer. The day of the crash.
Under Section 71.004, the wrongful-death claim is distributed among the surviving spouse, children, and parents as independent claimants. Under Section 71.021, the estate holds a separate survival action for the pain and mental anguish the decedent endured between injury and death. Three statutory tracks. One two-year clock.
The Statutes That Shape Your Case
| Statute | What It Does | What It Means for Your Family |
|---|---|---|
| § 71.001 | Wrongful Death | Creates an independent claim for surviving spouse, children, and parents |
| § 71.004 | Distribution | Each surviving family member holds a separate claim |
| § 71.021 | Survival Action | The estate’s claim for the decedent’s pain before death |
| § 16.003 | Statute of Limitations | Two years from the date of injury—no extensions |
| Chapter 33 | Comparative Negligence | Recovery reduced by fault percentage; barred at 51% |
| Chapter 41 | Exemplary Damages | Available for gross negligence (clear and convincing evidence) |
| Chapter 72 | Bifurcation (HB 19) | Mandatory separation of compensatory and exemplary phases |
The Federal Regulations the Carrier Was Supposed to Follow
Every commercial vehicle operating in Denton County is governed by Federal Motor Carrier Safety Regulations (49 C.F.R. Parts 390–399). When a carrier violates these regulations, Texas Pattern Jury Charge 27.2 allows the jury to find negligence per se—meaning the violation itself proves negligence.
| Regulation | Requirement | What We Look For in Your Case |
|---|---|---|
| Part 391 | Driver Qualifications | CDL status, medical certification, training records, prior employment history |
| Part 392 | Driving Rules | Following distance, speed for conditions, distracted driving, fatigue management |
| Part 395 | Hours of Service | ELD logs, dispatch records, 11-hour driving limit, 14-hour duty window |
| Part 396 | Vehicle Maintenance | Pre-trip inspections, brake system checks, tire tread depth, lighting functionality |
| § 387.7 | Insurance Minimums | $750,000 for non-hazmat interstate carriers; $5,000,000 for Class A hazmat |
The Defendants Beyond the Driver
Most personal injury firms stop at the driver. We don’t. The driver in the cab is one defendant—rarely the most exposed. The universe of responsible parties in a Denton County 18-wheeler fatality case includes:
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The Motor Carrier Employer
- Vicarious liability for the driver’s negligence (respondeat superior)
- Direct negligence for hiring, training, supervision, and retention (49 C.F.R. § 391.23)
- Dispatch decisions that encouraged speeding or hours-of-service violations
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The Freight Broker
- Negligent selection of an unsafe carrier (Miller v. C.H. Robinson, 9th Cir. 2020)
- Failure to verify the carrier’s safety record and insurance coverage
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The Shipper
- Directing unsafe loading practices (49 C.F.R. Part 177 for hazmat)
- Pressuring the carrier to meet unrealistic delivery schedules
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The Maintenance Contractor
- Failure to properly inspect and repair the vehicle (49 C.F.R. Part 396)
- Signing off on deficient brake systems or tire conditions
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The Parts Manufacturer
- Defective tires, brakes, steering, or lighting components
- Failure to warn of known product risks
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The Road Designer (TxDOT or County)
- Inadequate signage, guardrails, or shoulder design (Texas Tort Claims Act, Chapter 101)
- Failure to address known hazardous intersections (pre-suit notice under § 101.101)
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The Parent Corporation
- Alter-ego or single-business-enterprise theory where the parent exercises control over the subsidiary’s operations
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The Cargo Loader
- Improper securement leading to cargo shift or spill (49 C.F.R. Part 393)
The Amazon DSP and FedEx Ground Contractor Problem
Denton County’s last-mile delivery exposure is among the highest in Texas. Amazon Delivery Service Partners (DSPs) operate more than 50 independent contractor routes through Denton, Lewisville, Flower Mound, and Corinth. FedEx Ground’s contractor network covers every ZIP code in the county. These carriers attempt to shield themselves from liability by claiming their drivers are independent contractors rather than employees.
We defeat this defense using three tests:
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The ABC Test
- The worker is free from the company’s control (Amazon/FedEx controls routes, schedules, and delivery quotas)
- The work is outside the company’s usual course of business (delivering packages IS Amazon’s business)
- The worker is customarily engaged in an independently established business (DSP drivers work exclusively for Amazon)
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The Economic Reality Test
- Degree of company control over the work
- Worker’s opportunity for profit or loss
- Investment in equipment relative to the company
- Whether the service is integral to the company’s business
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The Right-to-Control Test
- Does the company retain the right to control HOW the work is done?
- Amazon’s AI-powered cameras (Netradyne/Mentor) monitor driver behavior in real time
- FedEx Ground’s “ISP” contracts require uniforms, branded trucks, and adherence to FedEx policies
What Your Case Is Worth
Texas Pattern Jury Charges submit damages in separate categories, each requiring its own proof:
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Past Medical Care
- Ambulance transport, emergency room, trauma bay, surgery, hospitalization
- For Denton County families, this often means transport to Medical City Denton or Baylor Scott & White Medical Center–Frisco, with stabilization and transfer to Level I trauma centers like Parkland in Dallas or John Peter Smith in Fort Worth
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Future Medical Care
- Lifetime cost of follow-up care, attendant care, mobility equipment, medication, surgical revisions
- Calculated by a life-care planner and a medical economist
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Past and Future Lost Earnings
- The paychecks already missed and the entire career trajectory lost
- For a 35-year-old electrician in Denton earning $75,000/year with 30 years of work life remaining, this can exceed $2.25 million
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Physical Pain and Mental Anguish
- Past and future physical pain
- Past and future mental anguish (PTSD, depression, survivor’s guilt)
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Physical Impairment and Disfigurement
- Loss of enjoyment of life, permanent disability, scarring
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Loss of Consortium (for the spouse)
- Loss of companionship, affection, and household services
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Loss of Companionship and Society (for parents and children)
- The intangible loss of a parent’s guidance, a child’s future, a sibling’s presence
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Exemplary Damages (if gross negligence is proven)
- No cap when the underlying act is a felony (e.g., Intoxication Manslaughter)
- Requires clear and convincing evidence of fraud, malice, or gross negligence
Case Result Storytelling: What This Means for Your Family
We’ve recovered multi-million dollar settlements for families facing circumstances just like yours. Every case is unique, and past results do not guarantee future outcomes, but these examples show what’s possible when a carrier’s negligence changes a family’s life:
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Logging Brain Injury — $5+ Million
- What happened: A logging truck driver in East Texas suffered a traumatic brain injury with vision loss when a log fell from an improperly secured load.
- The challenge: The carrier claimed the log shift was an “unforeseeable event” and that the driver should have secured the load himself.
- What we did: We proved the carrier’s training program did not cover proper load securement for the specific type of logging equipment involved. We also demonstrated that the carrier had been cited for similar violations in three prior FMCSA inspections.
- The outcome: Multi-million dollar settlement that provides lifetime care for the driver’s TBI and vision impairment.
- What this means for you: If your loved one’s crash involved improperly secured cargo or equipment failure, we investigate the carrier’s training records, prior violations, and maintenance history to prove the pattern of negligence.
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Car Accident Amputation — $3.8+ Million
- What happened: A car accident led to a partial leg amputation after staff infections developed during treatment.
- The challenge: The at-fault driver’s insurance policy limits were only $30,000, and the hospital argued that the amputation was caused by the infection, not the crash.
- What we did: We proved the crash caused the initial leg injury, and that the hospital’s failure to properly treat the wound led to the infection. We also identified an underinsured motorist claim on the victim’s own policy.
- The outcome: The case settled in the millions, covering the victim’s medical care, prosthetic needs, and lost earning capacity.
- What this means for you: Medical complications after a crash don’t reduce the carrier’s liability. We work with medical experts to prove causation even when injuries develop over time.
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Maritime Jones Act Back Injury — $2+ Million
- What happened: A longshoreman injured his back while lifting cargo on a ship.
- The challenge: The shipping company claimed the injury was pre-existing and that the longshoreman should have asked for help.
- What we did: We proved the company’s safety policies required two-person lifts for the type of cargo involved, and that the company had been cited for similar violations in prior Coast Guard inspections.
- The outcome: Significant cash settlement that provides for the longshoreman’s future medical needs and lost wages.
- What this means for you: If your loved one was injured in a work-related trucking accident, we investigate whether the employer followed proper safety protocols and whether third-party claims (like against a broker or shipper) may apply.
The Carrier’s Defense Playbook—and How We Counter It
The adjuster calling you has a script. We’ve read it. Lupe Peña wrote it when he worked for insurance defense firms. Here’s what they’ll say, and here’s how we answer:
| Their Argument | What They’re Really Doing | Our Counter |
|---|---|---|
| “The driver did nothing wrong.” | They’re hoping you don’t know about the carrier’s prior violations. | We pull the carrier’s Safety Measurement System profile and the driver’s Pre-Employment Screening Program record. If the carrier has a pattern of hours-of-service violations or the driver has prior preventability determinations, that’s not “nothing wrong.” |
| “You were partially at fault.” | They’re trying to push your fault percentage above 50% so you recover nothing. | Texas follows modified comparative negligence (Chapter 33). Even at 50% fault, you recover. We develop evidence that shifts fault back to the carrier—failed brakes, falsified logs, inadequate training. |
| “Your injuries aren’t serious enough.” | They’re lowballing you before you know the full extent of your damages. | Adrenaline masks pain. TBI symptoms can take weeks to appear. We work with medical experts to document the full scope of your injuries, including future medical needs you haven’t even considered yet. |
| “We’ll take care of everything.” | They’re trying to get you to sign a release before you talk to a lawyer. | Never sign anything in the first 96 hours. We evaluate every offer against the full value of your claim—including future medical care, lost earning capacity, and the non-economic damages Texas law recognizes. |
| “The evidence is gone.” | They’re hoping you don’t know about spoliation. | We send preservation letters within 24 hours of taking your case. Every black box, ELD log, dashcam, and maintenance record is locked down before they can “accidentally” delete it. |
Lupe Peña’s Insider Perspective
“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.”
Evidence Preservation: What Disappears in the First 48 Hours
Evidence in 18-wheeler cases has a half-life measured in days. Here’s what the carrier controls—and what we lock down immediately:
| Evidence Type | Auto-Deletion Window | What We Do |
|---|---|---|
| Surveillance footage (gas stations, retail, Ring doorbells) | 7–14 days | Send preservation letters to nearby businesses; subpoena footage before it’s overwritten |
| ELD data (electronic logging device) | 30–180 days | Download the raw ELD data; cross-reference with dispatch records and fuel receipts |
| Black box / ECM data (event data recorder) | 30–180 days | Secure the truck’s ECM; work with accident reconstructionists to download and interpret the data |
| Dashcam footage | 7–14 days | Preservation letter to the carrier; subpoena the footage if necessary |
| Dispatch records | Carrier-controlled | Subpoena the carrier’s dispatch logs, routing instructions, and communications |
| Cell phone records | Carrier-controlled | Subpoena the driver’s phone records; cross-reference with ELD timestamps |
| Maintenance records | 49 C.F.R. § 396.3 retention | Subpoena the carrier’s maintenance files, inspection reports, and repair history |
| Driver qualification file | 49 C.F.R. § 391.51 retention | Subpoena the driver’s CDL, medical certificate, training records, and prior employment history |
| Post-accident drug/alcohol screen | 49 C.F.R. § 382.303 | Ensure the screen was conducted; subpoena the results |
| Toll records (NTTA, TxTag) | Varies | Subpoena electronic toll records to prove the truck’s route and speed |
The 48-Hour Protocol
Within 48 hours of taking your case, we:
- Send preservation letters to the carrier, broker, shipper, and any third-party telematics provider
- Pull the carrier’s Safety Measurement System profile by USDOT number
- Pull the driver’s Pre-Employment Screening Program record
- Open the FMCSA SAFER profile
- Identify all potentially liable parties for the preservation list
What Happens Next: The Litigation Timeline
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First 72 Hours
- Accept the case and send preservation letters
- Deploy accident reconstruction expert to the scene (if needed)
- Obtain the police crash report
- Photograph all vehicles before they’re repaired or scrapped
- Identify all potentially liable parties
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Days 1–30
- Subpoena ELD and black-box data downloads
- Request the driver’s paper log books (backup documentation)
- Obtain the complete Driver Qualification File from the carrier
- Request all truck maintenance and inspection records
- Obtain the carrier’s CSA safety scores and inspection history
- Order the driver’s complete Motor Vehicle Record
- Subpoena the driver’s cell phone records
- Obtain dispatch records and delivery schedules
- Pull surveillance footage from businesses near the scene
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Expert Analysis
- Accident reconstruction specialist creates crash analysis
- Medical experts establish causation and future-care needs
- Vocational experts calculate lost earning capacity
- Economic experts determine present value of all damages
- Life-care planners develop detailed care plans for catastrophic injuries
- FMCSA regulation experts identify all violations
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Litigation Strategy
- File lawsuit before the two-year statute of limitations expires
- Pursue full discovery against all potentially liable parties
- Depose the truck driver, dispatcher, safety manager, and maintenance personnel
- Build the case for trial while negotiating settlement from a position of strength
- Prepare every case as if going to trial—that creates negotiating strength
Why Choose Attorney 911 for Your Denton County Case
1. We Know the Corridors
Denton County’s freight environment is unique:
- I-35: The NAFTA superhighway, carrying long-haul freight between Laredo and the Midwest. The stretch through Denton County is one of the highest-crash-density segments in Texas.
- US 380: A rural-to-suburban transition zone where high-speed truck traffic interacts with school buses, residential driveways, and pedestrian crossings.
- Alliance Global Logistics Hub: One of the largest intermodal facilities in the country, generating drayage truck traffic through every neighborhood in Fort Worth and Denton County.
- Local Roads (FM 428, FM 455, Loop 288): Where Amazon DSP vans, Sysco foodservice trucks, and school buses share the lane with rush-hour traffic.
We’ve litigated cases on every one of these corridors. We know the crash patterns, the dangerous intersections, and the carriers that run them.
2. We Know the Carriers
The carriers operating in Denton County include:
- Long-haul interstate: Werner Enterprises, J.B. Hunt, Schneider National, Swift Transportation, USA Truck, CRST International
- Regional LTL: Old Dominion Freight Line, Saia, Estes Express Lines, ABF Freight, XPO Logistics
- Intermodal drayage: Hub Group, Schneider Intermodal, J.B. Hunt Intermodal, Swift Intermodal
- Oilfield service: Halliburton, Schlumberger, Patterson-UTI, Basic Energy Services (transitioning from Barnett Shale to Permian Basin operations)
- Last-mile delivery: Amazon DSP contractors, FedEx Ground independent contractors, UPS
- Foodservice distribution: Sysco (headquartered in Houston, with major North Texas distribution centers), US Foods, Performance Food Group
- Refuse and construction: Waste Management, Republic Services, Vulcan Materials, Martin Marietta Materials
We pull the carrier’s Safety Measurement System profile before discovery formally opens. We know which carriers have patterns of hours-of-service violations, brake-system failures, or prior preventability determinations.
3. We Know the Law
- Federal Court Experience: Ralph Manginello has been admitted to the U.S. District Court, Southern District of Texas (Houston Division) since 1998. Federal court experience matters when your case involves interstate commerce, federal regulatory violations, or multiple defendants across state lines.
- Texas Supreme Court Precedent: We build our cases around recent Texas decisions like Werner Enterprises Inc. v. Blake (2024) on proximate causation and Painter v. Amerimex Drilling I, Ltd. (2018) on course-and-scope analysis.
- Nuclear Verdict Context: Texas juries have returned nine-figure verdicts against carriers for hours-of-service violations, falsified logs, and gross corporate conduct. We build your case with that exposure in mind.
4. We Know the Defense Playbook
Lupe Peña spent years working for insurance defense firms. He knows:
- How adjusters calculate Colossus values
- Which “independent” medical examiners carriers favor
- What surveillance tactics insurers use to discredit victims
- How carriers manipulate ELD data to hide hours-of-service violations
We anticipate every defense argument and build the evidence to defeat it.
5. We Know the Jury Pools
Denton County sits in the 422nd and 442nd Judicial Districts of Texas. The jury pools in Denton, Lewisville, Flower Mound, and Corinth have distinct profiles:
- Denton: College town (University of North Texas, Texas Woman’s University), progressive-leaning, high education levels
- Lewisville: Suburban, family-oriented, economically diverse
- Flower Mound/Corinth: Affluent, conservative-leaning, high property values
We tailor our trial strategy to the jury pool that will decide your case.
6. We Speak Your Language
Para las familias hispanohablantes de Denton County, sabemos que enfrentar un sistema legal después de un accidente catastrófico puede ser abrumador, especialmente cuando la compañía de camiones y su aseguradora se comunican en inglés. Nuestro despacho atiende 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.
Zulema, nuestra miembro del equipo bilingüe, está disponible para traducir documentos, explicar el proceso legal, y asegurarse de que no se pierda ningún detalle por barreras de idioma.
What Families Say About Us
We’ve helped hundreds of families in Denton County and across Texas. Here’s what they say about working with us:
“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.”
— Brian Butchee
“When I felt I had no hope or direction, Leonor reached out to me… She took all the weight of my worries off my shoulders.”
— Stephanie Hernandez
“Special thank you to my attorney, Mr. Pena, for your kindness and patience with my repeated questions.”
— Chelsea Martinez
“Consistent communication and not one time did I call and not get a clear answer… Ralph reached out personally.”
— Dame Haskett
“I never felt like ‘just another case’ they were working on.”
— Ambur Hamilton
“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”
— Jacqueline Johnson
“You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
— Chad Harris
The Two-Year Clock Is Running
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 your calls. Once it runs, the case dies procedurally, and the carrier walks away from a viable claim because the file was never opened.
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.
What You Can Do Right Now
- Do not give a recorded statement to the insurance adjuster. That statement will be used against you.
- Do not sign anything from the carrier or the adjuster. First offers are always low.
- 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.
We live in Denton County. We drive these roads. When an unsafe truck threatens our community, it’s personal. Call us at 1-888-ATTY-911 or (888) 288-9911. We’re available 24/7.
Every case is unique. Past results do not guarantee future outcomes. This information is for educational purposes and does not constitute legal advice. Contact us for a free consultation about your specific situation.