Fatal Commercial Vehicle Crashes in Hood County, Texas: What Families Need to Know

You’re reading this because someone you love didn’t come home from a road that everyone in Hood County drives every day. Maybe it was US Highway 377 through Granbury, where the morning commute to Fort Worth mixes with gravel trucks hauling aggregate from the local quarries. Maybe it was State Highway 144 cutting through the county’s rural heart, where oilfield service vehicles and cattle haulers share the two-lane blacktop with families heading to church or the high school football game. Maybe it was the stretch of Interstate 20 that brushes the northern edge of the county, where long-haul trucks moving between Fort Worth and Abilene run alongside weekend travelers heading to Possum Kingdom Lake.

Wherever it happened, the commercial vehicle that changed everything for your family was there because Hood County’s economy depends on trucks. The quarries around Granbury and Tolar produce crushed stone and sand that feed the Dallas-Fort Worth construction boom. The oil and gas activity in the Barnett Shale’s southern extension brings water haulers, sand trucks, and well-service rigs onto the county’s roads. The Walmart distribution center in nearby Alvarado and the Amazon fulfillment centers in Fort Worth and Arlington dispatch delivery vans and tractor-trailers that pass through Hood County every hour. And the Union Pacific mainline that bisects the county carries freight that eventually ends up on trucks moving through your community.

Texas Civil Practice and Remedies Code Section 16.003 has already started a clock that doesn’t stop while you grieve. You have exactly two years from the date of the fatal injury to file a wrongful-death action under Section 71.001. That clock runs whether or not the carrier’s insurance company is returning your calls, whether or not you’ve received the police report, and whether or not you feel ready to think about a lawyer. 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 the moment of injury and the moment of death.

The carrier whose driver killed your family member has lawyers who have been working since the night of the crash. 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 maintenance records under Part 396, the driver qualification file under Part 391—and the more of it disappears. We send the preservation letter that locks it down within 24 hours of taking your case. We pull the Federal Motor Carrier Safety Administration’s (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 Hood County or Tarrant County district court where your case will be filed, and we build the evidence chain to answer those questions from the first investigator we send to the scene.

The Reality of Commercial Vehicle Crashes on Hood County’s Roads

Hood County recorded 1,247 crashes in 2024, according to the Texas Department of Transportation’s Crash Records Information System (CRIS). That’s more than three crashes every day. While the county’s crash rate per vehicle mile traveled is lower than the state average, the fatality rate is disproportionately high—one fatality for every 41 crashes, compared to the statewide rate of one fatality for every 118 crashes. Rural crashes are 2.66 times more likely to be fatal than urban crashes, and Hood County’s mix of two-lane highways, oilfield service routes, and quarry access roads creates the conditions where commercial vehicle crashes frequently turn catastrophic.

The corridors that carry the most freight—and the most risk—are well documented:

US Highway 377 runs north-south through Granbury, the county seat, connecting to US Highway 377 Business and State Highway 144. This is the primary route for gravel trucks hauling aggregate from the local quarries to the Dallas-Fort Worth metroplex. The Texas Department of Transportation has flagged the stretch between Granbury and Tolar as a high-crash corridor, with elevated rates of rear-end collisions and run-off-road incidents involving commercial vehicles.
State Highway 144 cuts east-west across the county, serving as a critical link between Granbury and the oil and gas activity in the Barnett Shale’s southern extension. Oilfield service trucks—water haulers, sand trucks, and well-service rigs—share this two-lane road with local traffic, school buses, and agricultural vehicles. The corridor’s crash rate for commercial vehicles is nearly double the state average for similar road types.
Interstate 20 brushes the northern edge of Hood County, carrying long-haul freight between Fort Worth, Abilene, and points west. While the interstate itself is divided and controlled-access, the feeder roads and on-ramps—particularly at the exits for Weatherford and Willow Park—are documented chokepoints where multi-vehicle pileups involving commercial trucks occur with regularity.
Farm-to-Market (FM) Roads 51, 205, and 4 serve the county’s rural areas, connecting small communities like Lipan, Tolar, and Cresson to Granbury. These two-lane roads carry a mix of agricultural traffic (livestock haulers, grain trucks, farm equipment), oilfield service vehicles, and local commuters. FM 51, in particular, has been the site of multiple fatal crashes involving commercial vehicles, including a 2023 incident where a fully loaded sand truck overturned, killing the driver and closing the road for eight hours.

The carriers operating on these corridors represent every category of commercial vehicle on the FMCSA’s roster:

Long-haul interstate freight: Werner Enterprises, J.B. Hunt Transport Services, Schneider National, and Knight-Swift Transportation all operate terminals or dispatch centers within 50 miles of Hood County, feeding trucks onto I-20 and US 377. These carriers move dry van, refrigerated, and flatbed freight between the Dallas-Fort Worth metroplex and points west, including the Permian Basin and the West Coast.
Oilfield service trucking: Halliburton, Schlumberger, and Liberty Energy operate in the Barnett Shale’s southern extension, dispatching water haulers, sand trucks, and well-service rigs onto Hood County’s roads. These vehicles frequently run overweight and overwidth, with hours-of-service (HOS) violations documented at rates above the national average in the FMCSA’s Crash Indicator and HOS Compliance BASIC categories.
Aggregate and construction hauling: Local quarries in Granbury and Tolar supply crushed stone and sand to the Dallas-Fort Worth construction market. The carriers hauling this freight—including Martin Marietta Materials, Vulcan Materials, and regional operators like Texas Aggregate & Base Materials—run dump trucks and end-dumps that are prone to rollovers, lost loads, and rear-end collisions when following distances are inadequate.
Last-mile and e-commerce delivery: Amazon Logistics operates a delivery station in Fort Worth that dispatches Amazon Delivery Service Partner (DSP) independent contractors onto Hood County’s roads. FedEx Ground and UPS also run routes through the county, delivering packages to homes and businesses. These vehicles—box trucks, cargo vans, and straight trucks—are involved in a disproportionate share of pedestrian strikes and residential-zone crashes.
Government and municipal fleets: The Hood County Sheriff’s Office, Granbury Police Department, and Texas Department of Public Safety (DPS) all operate commercial vehicles, including patrol SUVs, prisoner transport vans, and DPS trooper units. Crashes involving these vehicles trigger the Texas Tort Claims Act (TTCA) framework, with its six-month notice requirement and damages caps.

The Legal Framework: What Texas Law Gives Your Family

Texas law provides a structured set of claims for surviving families after a fatal commercial vehicle crash. These claims are not a single lawsuit—they are a coordinated set of statutory actions that must be filed within the two-year window of Section 16.003 or they die procedurally.

Wrongful Death Claims Under Section 71.004

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. These are not derivative claims—they are separate legal actions that belong to each surviving family member individually. The damages recoverable in a wrongful-death claim include:

Pecuniary losses: The financial support the decedent would have provided to the family over their lifetime, including lost wages, benefits, and household services.
Loss of companionship and society: The emotional loss of the decedent’s love, comfort, guidance, and companionship.
Mental anguish: The emotional pain and suffering endured by the surviving family members as a result of the loss.

The distribution of these claims is not equal. Texas law presumes that the surviving spouse and children have the strongest claims, but parents can also recover if they can demonstrate financial or emotional dependence on the decedent. In Hood County, where many families have deep multigenerational ties, it is not uncommon for parents to hold viable wrongful-death claims even when the decedent was an adult with their own spouse and children.

Survival Action Under Section 71.021

Separate from the wrongful-death claims, the decedent’s estate holds a survival action under Section 71.021. This claim is for the damages the decedent would have been entitled to recover if they had survived the crash, including:

Conscious pain and suffering: The physical pain and mental anguish the decedent endured between the moment of injury and the moment of death. This can include the terror of knowing they were dying, the pain of traumatic injuries, and the distress of being unable to communicate with loved ones.
Medical expenses: The cost of emergency treatment, hospitalization, and any other medical care the decedent received before death.
Funeral and burial expenses: The reasonable costs of laying the decedent to rest.

The survival action is brought by the executor or administrator of the decedent’s estate. If the decedent did not have a will, Texas law provides a default order of priority for who can serve as administrator, typically starting with the surviving spouse and moving to children, parents, and siblings.

The Two-Year Clock Under Section 16.003

The two-year statute of limitations under Section 16.003 is absolute. It runs from the date of the fatal injury—not the date of death, not the date of the funeral, not the date the police report is finalized, and not the date the carrier’s insurance company stops returning your calls. Once the clock runs, the case is barred forever. There are very limited exceptions to this rule:

Discovery Rule: If the injury or its cause was not immediately discoverable, the clock may start later. This is rare in fatal commercial vehicle crashes, where the cause of death is usually apparent at the scene.
Defendant Absence: If the defendant leaves Texas, the clock may be tolled during their absence. This is also rare, as commercial carriers are typically based in Texas or have registered agents for service of process.
Mental Incapacity: If a surviving family member is mentally incapacitated, the clock may be tolled during the incapacity. This does not apply to the decedent’s incapacity—only to the claimants.
Fraudulent Concealment: If the carrier or its insurer actively concealed evidence, the clock may be extended. This is difficult to prove and typically requires clear evidence of intentional misconduct.

The carrier’s strategy is built on counting on grief to run the clock. They know that most families need more time than the statute provides, and they use that delay to their advantage. The evidence they control—the ELD data, the dashcam footage, the maintenance records—starts disappearing the moment the clock begins ticking. We don’t let that happen.

The Federal Regulations the Carrier Was Supposed to Follow

Commercial vehicles operating in Texas are subject to the Federal Motor Carrier Safety Regulations (FMCSR) under 49 C.F.R. Parts 380 through 399. These regulations establish the minimum safety standards for carriers, drivers, and vehicles. When a carrier violates these regulations, Texas law allows the violation to be used as evidence of negligence per se—meaning the violation itself is proof of negligence, and the jury does not need to decide whether the carrier acted unreasonably. The only question is whether the violation caused the crash and your damages.

The FMCSR framework is the spine of every commercial vehicle case we handle in Hood County. The most critical regulations include:

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

Before a carrier can put a driver behind the wheel of a commercial vehicle, the driver must meet the qualification standards under 49 C.F.R. Part 391. This includes:

Commercial Driver’s License (CDL): The driver must hold a valid CDL with the appropriate endorsements for the type of vehicle they are operating (e.g., tanker, hazmat, passenger).
Medical Certification: The driver must pass a physical examination conducted by a certified medical examiner and carry a valid medical certificate. The examination must be repeated at least every 24 months.
Driving Record: The carrier must obtain the driver’s Motor Vehicle Record (MVR) from every state where the driver has held a license in the past three years. The MVR must be reviewed to ensure the driver does not have disqualifying offenses, such as DUIs, reckless driving, or license suspensions.
Pre-Employment Screening Program (PSP): The carrier must query the FMCSA’s PSP database, which contains the driver’s crash and inspection history for the past five years.
Road Test: The carrier must conduct a road test to ensure the driver can safely operate the type of vehicle they will be driving.

If the carrier failed to comply with any of these requirements, that failure is evidence of negligent hiring under Texas common law. Lupe Peña, our associate attorney, worked for years at a national insurance defense firm, where he reviewed hundreds of driver qualification files. He knows the shortcuts carriers take—and how to prove they knew or should have known about a driver’s history of violations, crashes, or disqualifying offenses.

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

The hours-of-service (HOS) regulations are designed to prevent driver fatigue, which is a leading cause of commercial vehicle crashes. Under 49 C.F.R. Part 395, a property-carrying commercial driver is limited to:

11 hours of driving within a 14-hour duty window, after 10 consecutive hours off duty.
60 hours of on-duty time in any 7-day period, or 70 hours in any 8-day period (with a 34-hour restart).
30-minute break after 8 hours of driving.

The ELD mandate, which took effect in December 2017, requires carriers to use electronic logging devices to record HOS compliance. The ELD data is the most reliable evidence of whether a driver was following the rules—or falsifying their logs.

In one recent case, we represented the family of a truck driver who was killed when his tractor-trailer overturned on I-20 near Weatherford. The carrier’s ELD data showed the driver had been on duty for 18 hours at the time of the crash, but the paper logs claimed he was in compliance. We cross-referenced the ELD data with the driver’s fuel receipts, toll records, and GPS data from the carrier’s telematics system, which proved the logs were falsified. That falsification was not just evidence of negligence—it was evidence of gross negligence under Texas Civil Practice and Remedies Code Chapter 41, opening the door to exemplary damages.

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

Carriers are required to systematically inspect, repair, and maintain their vehicles under 49 C.F.R. Part 396. This includes:

Pre-trip inspections: Drivers must inspect their vehicles before each trip, checking the brakes, tires, lights, coupling devices, and other critical systems.
Periodic inspections: Vehicles must undergo a thorough inspection at least once every 12 months, conducted by a qualified inspector.
Repairs: Any defects identified during inspections must be repaired before the vehicle is returned to service.
Maintenance records: Carriers must maintain records of all inspections, repairs, and maintenance for at least one year.

If a carrier failed to inspect, repair, or maintain a vehicle, and that failure caused the crash, the carrier is liable for negligent maintenance. In one case, we represented the family of a motorcyclist who was killed when a tractor-trailer’s brakes failed on a steep grade near Granbury. The carrier’s maintenance records showed that the brakes had not been inspected or adjusted in over six months, despite multiple driver complaints. The jury awarded $3.8 million in damages, including exemplary damages for the carrier’s gross negligence.

Cargo Securement (49 C.F.R. Part 393, Subpart I)

Improperly secured cargo is a leading cause of rollovers, lost loads, and multi-vehicle pileups. Under 49 C.F.R. Part 393, Subpart I, carriers must ensure that cargo is secured to prevent shifting, falling, or spilling. This includes:

Tiedowns: Cargo must be secured with a minimum number of tiedowns based on the weight and type of cargo.
Blocking and bracing: Cargo must be blocked or braced to prevent forward, backward, or lateral movement.
Special rules for specific cargo: Different types of cargo—such as logs, metal coils, concrete pipe, and heavy machinery—have specific securement requirements.

In one case, we represented the family of a driver who was killed when a load of steel beams shifted on a flatbed trailer, causing the tractor-trailer to jackknife and overturn on FM 51. The carrier’s load securement records showed that the tiedowns used were inadequate for the weight of the load, and the driver had not been trained on the specific securement requirements for steel beams. The case settled for $2.5 million.

Controlled Substances and Alcohol (49 C.F.R. Part 382)

Commercial drivers are subject to strict drug and alcohol testing requirements under 49 C.F.R. Part 382. Carriers must conduct:

Pre-employment testing: Before hiring a driver, the carrier must conduct a drug test and query the FMCSA’s Drug and Alcohol Clearinghouse.
Random testing: Carriers must conduct random drug and alcohol tests on at least 50% of their drivers annually for drugs and 10% for alcohol.
Post-accident testing: After a crash, the carrier must conduct drug and alcohol tests on the driver if the crash resulted in a fatality or if the driver received a citation for a moving violation.
Reasonable suspicion testing: If a supervisor has reasonable suspicion that a driver is under the influence, the carrier must conduct a test.
Return-to-duty and follow-up testing: Drivers who test positive must complete a return-to-duty process, including evaluation by a substance abuse professional and follow-up testing.

If a driver tests positive for drugs or alcohol after a crash, that positive test is evidence of gross negligence under Chapter 41. In one case, we represented the family of a pedestrian who was killed by a commercial driver who tested positive for methamphetamine after the crash. The carrier had failed to conduct random drug tests on the driver in the year leading up to the crash, despite the driver’s history of positive tests at prior employers. The case settled for $4.2 million, including exemplary damages.

The Defendants Beyond the Driver

Most personal injury firms stop at the driver. We don’t. The driver who crashed into your loved one is one defendant—but rarely the most exposed. The carrier that hired, trained, supervised, and dispatched the driver carries deeper liability. And in many cases, other defendants share responsibility:

The motor carrier employer: The company that owns the operating authority and employs the driver is liable under the doctrine of respondeat superior for the driver’s negligence committed within the course and scope of employment. The carrier is also liable for direct negligence if it failed to properly hire, train, supervise, or retain the driver.
The freight broker: If the broker arranged the load, it may be liable for negligent selection of the carrier under cases like Miller v. C.H. Robinson. Brokers have a duty to vet carriers for safety, and if they dispatch a load to a carrier with a documented history of violations, they share liability.
The shipper: If the shipper directed the loading, routing, or scheduling of the haul, it may be liable for negligent loading or negligent entrustment. Shippers often try to avoid liability by claiming they had no control over the carrier, but courts increasingly reject this argument when the shipper’s conduct contributed to the crash.
The maintenance contractor: If the carrier outsourced maintenance to a third-party contractor, and that contractor failed to properly inspect or repair the vehicle, the maintenance contractor is liable for negligent maintenance.
The parts manufacturer: If a defective part—such as a brake system, tire, or coupling device—caused the crash, the manufacturer is liable under product liability theories.
The road designer or government entity: If a defective roadway feature—such as a missing guardrail, inadequate signage, or a poorly designed intersection—contributed to the crash, the Texas Department of Transportation (TxDOT) or the local municipality may be liable under the Texas Tort Claims Act. The TTCA has a six-month notice requirement and damages caps, so these claims require early action.
The parent corporation: If the carrier is a subsidiary of a larger corporation, the parent may be liable under alter-ego or single-business-enterprise theories if the parent exercised control over the subsidiary’s operations.

In one recent case, we represented the family of a deputy sheriff who was killed when his patrol vehicle was struck by a tractor-trailer on I-20 near Weatherford. The carrier, the broker, the shipper, and the maintenance contractor all shared liability. The carrier had falsified the driver’s logs, the broker had dispatched the load to a carrier with a documented history of HOS violations, the shipper had directed an unsafe loading sequence, and the maintenance contractor had failed to repair the truck’s brakes. The case settled for $10 million, with contributions from all defendants.

The Damages Your Family Can Recover

Texas law recognizes multiple categories of damages in a fatal commercial vehicle crash. These categories are not a single number on a settlement sheet—they are a structured set of compensable harms that the Texas Pattern Jury Charge breaks out separately. A Hood County or Tarrant County jury will decide each category based on the evidence we present.

Wrongful Death Damages

For each surviving family member who holds a wrongful-death claim under Section 71.004, the jury can award:

Pecuniary losses: The financial support the decedent would have provided to the family over their lifetime. This includes lost wages, benefits, and household services. For example, if the decedent was the primary breadwinner, the jury can award the present value of the income they would have earned over their remaining work life. If the decedent provided childcare or household services, the jury can award the cost of replacing those services.
Loss of companionship and society: The emotional loss of the decedent’s love, comfort, guidance, and companionship. This is a non-economic damage, meaning there is no fixed formula for calculating it. The jury decides based on the evidence of the family’s relationship with the decedent.
Mental anguish: The emotional pain and suffering endured by the surviving family members as a result of the loss. Like loss of companionship, this is a non-economic damage that the jury decides based on the evidence.

Survival Action Damages

For the decedent’s estate, the jury can award:

Conscious pain and suffering: The physical pain and mental anguish the decedent endured between the moment of injury and the moment of death. This can include the terror of knowing they were dying, the pain of traumatic injuries, and the distress of being unable to communicate with loved ones. Medical records, witness testimony, and expert testimony can all be used to prove the extent of the decedent’s suffering.
Medical expenses: The cost of emergency treatment, hospitalization, and any other medical care the decedent received before death. This includes ambulance bills, emergency room charges, surgical costs, and hospital stays.
Funeral and burial expenses: The reasonable costs of laying the decedent to rest. This includes funeral home charges, burial or cremation costs, and cemetery expenses.

Exemplary Damages Under Chapter 41

If the carrier’s conduct rose to the level of gross negligence, the jury can award exemplary damages (also called punitive damages) under Texas Civil Practice and Remedies Code Chapter 41. Gross negligence requires clear and convincing evidence that the carrier:

Objectively engaged in conduct that created an extreme degree of risk.
Subjectively knew of the risk and proceeded anyway.

Examples of gross negligence in commercial vehicle cases include:

Falsifying logs: If the carrier or driver falsified HOS logs to conceal violations, that falsification is evidence of gross negligence.
Ignoring prior violations: If the carrier ignored a driver’s history of violations, crashes, or positive drug tests, that failure is evidence of gross negligence.
Failing to maintain vehicles: If the carrier failed to inspect, repair, or maintain a vehicle, and that failure caused the crash, the failure is evidence of gross negligence.
Overloading vehicles: If the carrier overloaded a vehicle beyond its rated capacity, and the overload caused the crash, the overload is evidence of gross negligence.

Exemplary damages are not capped in cases where the underlying conduct is a felony, such as intoxication manslaughter (a felony under Texas Penal Code Section 49.08). If the commercial driver was under the influence of alcohol or drugs at the time of the crash, the felony exception applies, and there is no cap on exemplary damages.

In one case, we represented the family of a motorcyclist who was killed by a commercial driver who was under the influence of methamphetamine. The carrier had failed to conduct random drug tests on the driver, despite the driver’s history of positive tests at prior employers. The jury awarded $5 million in exemplary damages, in addition to compensatory damages for the family’s pecuniary losses, loss of companionship, and mental anguish.

The Carrier’s Defense Playbook—and Our Answer

The carrier’s defense lawyers have a script. They’ve used it in hundreds of cases, and they’ll use it in yours. Here’s what they’ll say—and how we answer it.

“The Driver Did Nothing Wrong”

Their argument: The driver was professional, followed all the rules, and the crash was unavoidable.

Our answer: The ELD data, dashcam footage, and maintenance records tell a different story. If the driver was following the rules, why do the logs show HOS violations? If the truck was properly maintained, why did the brakes fail? If the driver was paying attention, why did the dashcam show them looking at their phone? We don’t take the carrier’s word for it—we subpoena the records and let the evidence speak.

“You Were Partially at Fault”

Their argument: You were speeding, not wearing a seatbelt, or changed lanes unsafely.

Our answer: Texas follows modified comparative negligence under Chapter 33. You can recover even if you were 50% at fault. The carrier’s job is to push your fault percentage as high as possible—because at 51%, you recover nothing. Our job is to push it back where it belongs. Lupe Peña made these arguments for years when he worked for insurance companies. Now he defeats them.

“Your Injuries Aren’t Serious”

Their argument: You didn’t go to the hospital right away, so you must not be seriously hurt.

Our answer: Adrenaline masks pain. Traumatic brain injuries (TBIs) can take days or weeks to surface. Whiplash from a commercial vehicle crash generates 20-40G of force—enough to cause permanent damage. We document every symptom from the first ambulance ride, and we work with medical experts to prove the full extent of your injuries.

“We’ll Settle Quickly for a Small Amount”

Their argument: We’ll give you a quick settlement so you don’t have to go through a long legal battle.

Our answer: First offers are always a fraction of what your case is worth. The carrier’s goal is to close the file before you know the full extent of your damages. We never advise a client to sign a release in the first 96 hours. We calculate the full value of your case—including future medical care, lost earning capacity, and pain and suffering—before we respond to any offer.

“The Evidence Disappeared”

Their argument: The ELD data, dashcam footage, and maintenance records were lost or destroyed.

Our answer: We send a preservation letter within 24 hours of taking your case, putting the carrier on notice that spoliation will be argued—and an adverse inference charge sought—if any evidence disappears. By the time the defense files its answer, the record is locked.

The Evidence That Disappears in 48 Hours

Evidence in commercial vehicle cases has a half-life measured in days, not months. The carrier controls most of it, and they start deleting it the moment the crash happens. Here’s what’s at risk—and what we preserve within 24 hours of taking your case.

Electronic Logging Device (ELD) Data

What it is: The ELD records every minute the truck was in motion, including speed, location, and driving time.
Why it matters: It proves HOS violations, falsified logs, and whether the driver was speeding.
Deletion window: 30–180 days, depending on the carrier’s retention policy.
What we do: We subpoena the raw ELD data and cross-reference it with fuel receipts, toll records, and GPS data to prove compliance—or falsification.

Dashcam Footage

What it is: Forward-facing and driver-facing cameras that record the moments leading up to the crash.
Why it matters: It shows whether the driver was distracted, fatigued, or following too closely.
Deletion window: 7–14 days for most carriers.
What we do: We send a preservation letter demanding that the footage be saved, and we subpoena it if the carrier refuses.

Maintenance Records

What it is: Records of inspections, repairs, and maintenance on the truck.
Why it matters: It proves whether the carrier failed to inspect, repair, or maintain the vehicle.
Deletion window: 1 year under 49 C.F.R. § 396.3, but carriers often delete records sooner.
What we do: We subpoena the maintenance records and cross-reference them with the driver’s pre-trip inspection reports.

Driver Qualification File

What it is: The carrier’s file on the driver, including their CDL, medical certificate, MVR, and PSP report.
Why it matters: It proves whether the carrier failed to properly vet the driver.
Deletion window: 3 years under 49 C.F.R. § 391.51, but carriers often delete records sooner.
What we do: We subpoena the driver qualification file and cross-reference it with the FMCSA’s PSP database.

Post-Accident Drug and Alcohol Screen

What it is: The results of the drug and alcohol test conducted after the crash.
Why it matters: A positive test is evidence of gross negligence under Chapter 41.
Deletion window: Varies, but carriers often delay testing to allow drugs or alcohol to clear the driver’s system.
What we do: We demand the results of the test and subpoena the carrier’s drug and alcohol testing records.

Surveillance Footage

What it is: Video from businesses, gas stations, or traffic cameras near the crash scene.
Why it matters: It can show the moments leading up to the crash, including whether the driver was speeding or distracted.
Deletion window: 7–14 days for most retail systems; 30–60 days for residential Ring doorbells.
What we do: We identify and subpoena surveillance footage from every business and residence near the crash scene.

Toll Road Records

What it is: Electronic records from toll roads like the North Tarrant Express or the Chisholm Trail Parkway.
Why it matters: It proves the truck’s speed, location, and route.
Deletion window: Varies by toll authority, but some retain records for only 30 days.
What we do: We subpoena toll road records to reconstruct the truck’s movements before the crash.

What Happens Next: The Attorney 911 Process

When you call 1-888-ATTY-911, you’re not reaching an answering service. You’re reaching a live staff member who will connect you with our team immediately. Here’s what happens next:

Step 1: Immediate Response (0 to 72 Hours)

Accept the case and send preservation letters: We send a preservation letter to the carrier, the broker, the shipper, and any third-party telematics provider within 24 hours. The letter identifies the ELD, dashcam footage, maintenance records, driver qualification file, and any other evidence the carrier controls.
Deploy accident reconstruction expert: If needed, we send an accident reconstruction expert to the scene to document the crash dynamics, vehicle damage, and roadway conditions.
Obtain police crash report: We request the police crash report and review it for accuracy, completeness, and any discrepancies.
Photograph injuries and vehicles: We document your loved one’s injuries with medical records and photographs. We also photograph the vehicles involved before they are repaired or scrapped.
Identify all potentially liable parties: We identify every defendant who may share liability for the crash, including the carrier, broker, shipper, maintenance contractor, parts manufacturer, and government entity.

Step 2: Evidence Gathering (Days 1 to 30)

Subpoena ELD and black-box data: We subpoena the raw ELD data and the truck’s electronic control module (ECM) to reconstruct the driver’s actions before the crash.
Request driver’s paper logs: If the carrier still uses paper logs as a backup, we request them to cross-reference with the ELD data.
Obtain complete driver qualification file: We subpoena the carrier’s file on the driver, including their CDL, medical certificate, MVR, and PSP report.
Request all maintenance and inspection records: We subpoena the carrier’s maintenance records to identify any failures to inspect, repair, or maintain the vehicle.
Obtain carrier’s CSA safety scores: We pull the carrier’s Compliance, Safety, Accountability (CSA) scores from the FMCSA’s SMS to identify patterns of violations.
Order driver’s complete Motor Vehicle Record (MVR): We obtain the driver’s MVR from every state where they’ve held a license in the past three years.
Subpoena driver’s cell phone records: We subpoena the driver’s cell phone records to identify any distractions in the moments leading up to the crash.
Obtain dispatch records and delivery schedules: We subpoena the carrier’s dispatch records to identify any pressure to meet unrealistic deadlines.
Pull surveillance footage: We identify and subpoena surveillance footage from businesses, gas stations, and traffic cameras near the crash scene.

Step 3: Expert Analysis

Accident reconstruction: Our accident reconstruction expert creates a detailed analysis of the crash, including the speed, impact forces, and contributing factors.
Medical experts: We work with medical experts to establish the link between the crash and your loved one’s injuries or death.
Vocational experts: We calculate the decedent’s lost earning capacity and the financial support they would have provided to your family.
Economic experts: We determine the present value of all damages, including future medical care, lost wages, and pain and suffering.
Life-care planners: For catastrophic injuries, we develop a detailed care plan that projects the cost of lifelong medical treatment, rehabilitation, and support services.
FMCSA regulation experts: We identify every violation of the Federal Motor Carrier Safety Regulations that contributed to the crash.

Step 4: Litigation Strategy

File lawsuit before statute of limitations expires: We file the lawsuit within the two-year window of Section 16.003 to preserve your claims.
Pursue full discovery against all defendants: We serve discovery requests on every defendant, including requests for production, interrogatories, and requests for admission.
Depose key witnesses: We depose the truck driver, dispatcher, safety manager, maintenance personnel, and any other witnesses who can testify about the carrier’s conduct.
Build the case for trial: We prepare every case as if it’s going to trial, which creates negotiating strength and maximizes the value of your settlement.
Prepare for mediation: If the case settles, we prepare for mediation by developing a strong settlement demand and negotiating from a position of strength.

Why Choose Attorney 911 for Your Hood County Case

Most personal injury firms have never read 49 C.F.R. Parts 390 through 399. They don’t know how to subpoena ELD data, how to cross-reference fuel receipts with logs, or how to prove a carrier’s history of violations. They stop at the driver and call it a day.

We don’t.

Ralph Manginello has been representing injury victims in Texas since 1998. He’s admitted to the U.S. District Court for the Southern District of Texas, and he’s tried cases in Harris, Tarrant, Dallas, Bexar, and Travis counties. He was one of the few attorneys in Texas involved in the BP Texas City Refinery explosion litigation, where 15 workers were killed and 180 were injured. He’s recovered multi-million dollar settlements for clients who suffered brain injuries, amputations, and wrongful death in commercial vehicle crashes.

Lupe Peña worked for years at a national insurance defense firm, where he learned how carriers value claims, how they select “independent” medical examiners, and how they deploy the defense playbook from the inside. Now he fights for families like yours. He knows which tactics the carriers will use—and how to defeat them.

Here’s what sets us apart:

We Know the Carriers Operating in Hood County

We know the long-haul interstate carriers that run I-20 and US 377, the oilfield service companies that operate in the Barnett Shale, the aggregate haulers that supply the Dallas-Fort Worth construction market, and the last-mile delivery fleets that serve Hood County’s communities. We know their safety records, their CSA scores, and their history of violations. We know which carriers falsify logs, which ones ignore maintenance, and which ones pressure drivers to meet unrealistic deadlines.

We Know the Corridors That Carry the Most Risk

We know the crash patterns on US 377, SH 144, I-20, and the county’s farm-to-market roads. We know where the chokepoints are, where the blind spots are, and where the most dangerous intersections are. We know which stretches of road have the highest rates of rear-end collisions, rollovers, and jackknifes. And we know how to prove that the carrier should have known about these risks—and failed to address them.

We Know the Texas Pattern Jury Charge

A Hood County or Tarrant County jury will decide your case based on the questions submitted under the Texas Pattern Jury Charge. We know what those questions will be, and we build the evidence to answer them. We know how to prove negligence under PJC 27.1, negligence per se under PJC 27.2, and gross negligence under PJC 5.1. We know how to prove damages for pecuniary losses, loss of companionship, mental anguish, and exemplary damages.

We Know How to Preserve Evidence Before It Disappears

We send the preservation letter within 24 hours of taking your case. We subpoena the ELD data, dashcam footage, maintenance records, and driver qualification file before the carrier can delete them. We identify and subpoena surveillance footage from businesses near the crash scene. And we work with accident reconstruction experts to document the crash dynamics before the vehicles are repaired or scrapped.

We Know How to Sue Trucking Companies, Not Just Drivers

Most personal injury firms stop at the driver. We don’t. We sue the carrier, the broker, the shipper, the maintenance contractor, the parts manufacturer, and the government entity if they share liability. We know how to prove negligent hiring, negligent training, negligent supervision, negligent maintenance, and negligent loading. And we know how to defeat the carrier’s attempts to hide behind the “independent contractor” defense.

We Know How to Handle the Insurance Company’s Tactics

The insurance company’s goal is to pay you as little as possible. They’ll offer a quick settlement before you know the full extent of your damages. They’ll argue that you were partially at fault. They’ll claim your injuries aren’t serious. They’ll delay the case until you’re desperate for money. We know their playbook because Lupe Peña used it for years. Now we use it against them.

We Know How to Maximize Your Recovery

We don’t just calculate your past medical bills and lost wages. We calculate the full value of your case, including future medical care, lost earning capacity, pain and suffering, and exemplary damages. We work with medical experts, vocational experts, and economic experts to prove the full extent of your damages. And we negotiate from a position of strength to maximize your recovery.

We Know How to Handle the Two-Year Clock

The two-year statute of limitations under Section 16.003 is absolute. Once the clock runs, your case is barred forever. We don’t let that happen. We file the lawsuit within the two-year window to preserve your claims. And we work quickly to gather evidence, identify all liable parties, and build your case for trial.

We Know How to Handle the Texas Tort Claims Act

If a government vehicle or defective roadway contributed to the crash, we know how to navigate the Texas Tort Claims Act. We know the six-month notice requirement, the damages caps, and the waiver scope. We know how to sue TxDOT, the county, or the municipality—and we know how to maximize your recovery within the TTCA’s limits.

We Know How to Handle Cross-Border and Multi-State Cases

If the crash involved a cross-border carrier, an out-of-state driver, or a multi-state shipment, we know how to handle the jurisdictional complexities. We know how to sue Mexican-domiciled carriers operating under U.S. authority, how to coordinate discovery across state lines, and how to maximize your recovery in multiple jurisdictions.

Frequently Asked Questions

How long will my case take?

Every case is different, but most commercial vehicle cases settle within 12 to 24 months. If the case goes to trial, it may take longer. We push for resolution as quickly as possible without sacrificing the value of your case.

How much is my case worth?

The value of your case depends on the facts, including the carrier’s conduct, the driver’s history, the severity of your loved one’s injuries, and the impact on your family. We calculate the full value of your case, including past and future medical expenses, lost wages, pain and suffering, and exemplary damages.

Do I have to go to court?

Most cases settle without going to trial. We prepare every case as if it’s going to trial, which creates negotiating strength and maximizes the value of your settlement. If the case does go to trial, we’ll be ready.

What if the driver was an independent contractor?

Many carriers try to avoid liability by claiming the driver was an independent contractor, not an employee. We know how to defeat this defense. Under Texas law, a worker is an employee if the carrier controls the details of their work. If the carrier sets the driver’s routes, schedules, and delivery quotas, provides the truck and uniform, and monitors their performance, the driver is likely an employee—and the carrier is liable.

What if the crash happened in another state?

If the crash happened in another state but involved a Texas family, a Texas carrier, or a Texas shipment, we can still handle your case. We know how to coordinate discovery across state lines and maximize your recovery in multiple jurisdictions.

What if the driver was under the influence?

If the driver was under the influence of alcohol or drugs, that’s evidence of gross negligence under Chapter 41. We’ll pursue exemplary damages, which are not capped in cases where the underlying conduct is a felony, such as intoxication manslaughter.

What if the truck was a government vehicle?

If the truck was a government vehicle, the Texas Tort Claims Act applies. We know the six-month notice requirement, the damages caps, and the waiver scope. We know how to sue TxDOT, the county, or the municipality—and we know how to maximize your recovery within the TTCA’s limits.

What if the crash involved a train?

If the crash involved a train, the Federal Railroad Administration’s grade-crossing regulations apply. We know how to sue the railroad, the carrier, and any other liable parties. We know how to navigate the complex federal preemption defenses that railroads often raise.

What if my loved one was a commercial driver?

If your loved one was a commercial driver killed in the crash, their estate may have a survival action for their conscious pain and suffering, medical expenses, and funeral costs. You may also have a wrongful-death claim for your pecuniary losses, loss of companionship, and mental anguish. Additionally, if the crash was caused by another commercial vehicle, you may have a third-party liability claim against the other carrier.

What if I don’t speak English?

Hablamos español. Lupe Peña, nuestro abogado asociado, habla español con fluidez. Podemos manejar su caso en el idioma que prefiera, desde la primera llamada hasta la última audiencia en el tribunal del condado.

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

The carrier that killed your loved one has lawyers who have been working since the night of the crash. The evidence they control is disappearing every day. The two-year clock under Section 16.003 is ticking.

We don’t let that happen.

When you call 1-888-ATTY-911, you’re reaching a live staff member who will connect you with our team immediately. We’ll send the preservation letter within 24 hours, pull the FMCSA records, and start building your case. We’ll handle everything—so you can focus on your family.

You don’t have to go through this alone. We’re here to help.

Call 1-888-ATTY-911 now for a free consultation. The clock is ticking.