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

You are reading this because someone you love did not come home from a stretch of road most people in Terrell County drive every day without thinking about it. Maybe it was U.S. Highway 90, where the long-haul freight from San Antonio to El Paso passes through Sanderson and Dryden, carrying everything from produce to petroleum. Maybe it was State Highway 349, where the oilfield service trucks running between the Permian Basin and the Eagle Ford Shale create a steady stream of commercial traffic through this quiet corner of West Texas. Or maybe it was Farm-to-Market Road 2400, where the agricultural haulers moving cattle, cotton, and feed between local ranches and processing facilities share the road with passenger vehicles.

Wherever it happened, the reality is the same: an 80,000-pound tractor-trailer traveling at highway speed collided with the vehicle your family was in, and the physics of that impact left no time for anyone to react. What follows is not just grief—it’s a legal and procedural maze that Texas law has already started running without you. 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. That clock started the moment the crash happened, whether or not the police report is finalized, whether or not the autopsy results are back, and whether or not the carrier’s insurance adjuster has returned your calls. The carrier’s legal team has been working since the night of the wreck. The evidence they control—the electronic logging device (ELD) under 49 C.F.R. Part 395, the dashcam footage, the maintenance records under 49 C.F.R. Part 396, the driver’s qualification file under 49 C.F.R. Section 391.51—is at risk of disappearing every day that passes without a preservation letter on file.

We don’t wait for evidence to cycle out of existence. Within 48 hours of taking your case, we send preservation letters to the motor carrier, the broker, the shipper, and any third-party telematics provider, putting them on notice that spoliation will be argued—and an adverse inference charge sought—if any of that evidence is lost. We pull the Federal Motor Carrier Safety Administration (FMCSA) Pre-Employment Screening Program record on the driver and the carrier’s Safety Measurement System (SMS) profile by USDOT number before discovery formally opens. We know what the Texas Pattern Jury Charge will ask in the Terrell County district court where we’ll file your case, and we build the record for those questions from the first investigator we send to the scene.

This is not a hypothetical process. This is what we do for every family in Terrell County who loses a loved one to a commercial vehicle crash. The firm was founded in 2001 by Ralph Manginello, a 27-year veteran of Texas personal injury litigation who has represented trucking accident victims since 1998. Ralph is admitted to the U.S. District Court for the Southern District of Texas, which covers Terrell County, and he has spent his career holding insurance companies and trucking corporations accountable for the decisions that lead to catastrophic crashes. Our team includes Lupe Peña, a former insurance defense attorney who now fights for victims like you. Lupe knows how insurance companies value claims because he used to calculate them himself. He understands which independent medical examiners they favor, which surveillance tactics they deploy, and how they take innocent activity out of context to build ammunition against injured plaintiffs.

We’ve recovered more than $50 million for clients across our practice areas, including multi-million-dollar settlements for catastrophic injuries like traumatic brain injury, spinal cord damage, and wrongful death. Our firm is one of the few in Texas to have been involved in the BP Texas City Refinery explosion litigation, where 15 workers were killed and 180 injured in 2005. We’ve also filed a $10 million hazing lawsuit against the University of Houston and Pi Kappa Phi fraternity on behalf of a student who suffered severe rhabdomyolysis and acute kidney failure during a fraternity event. Every case is unique, but our commitment to fighting aggressively for every client is the same.

The Reality of an 18-Wheeler Crash in Terrell County

Terrell County may be one of the least populous counties in Texas, but its roads carry some of the most dangerous commercial traffic in the state. U.S. Highway 90 is a critical freight corridor connecting San Antonio to El Paso, moving long-haul trucks through Sanderson, Dryden, and the surrounding ranchlands. State Highway 349 is a lifeline for the oil and gas industry, with water haulers, sand trucks, and frac spread vehicles running between the Permian Basin and the Eagle Ford Shale. Farm-to-Market Road 2400 and other rural routes carry agricultural freight—livestock, cotton, feed—between local ranches and processing facilities. These roads were never designed to handle the volume or weight of the commercial traffic they now carry, and the result is a crash environment where a single moment of negligence can turn a routine drive into a life-altering catastrophe.

The Texas Department of Transportation’s Crash Records Information System (CRIS) documents the reality of commercial-vehicle crashes in this region. In 2024 alone, Texas recorded 4,150 traffic fatalities—one every 2 hours and 7 minutes. Rural crashes, like those common in Terrell County, are 2.66 times more likely to be fatal than urban crashes, largely due to higher speeds, longer EMS response times, and limited access to Level I trauma centers. The nearest Level I trauma center to Terrell County is University Medical Center in Lubbock, more than 200 miles away. For families in Terrell County, this means that a crash on U.S. 90 or SH 349 isn’t just a collision—it’s a race against time to get the injured to the care they need, and the outcome often depends on how quickly first responders can stabilize and transport victims.

When a commercial vehicle is involved, the stakes are even higher. The National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS) shows that 97% of deaths in two-vehicle crashes involving a large truck and a passenger vehicle are occupants of the passenger vehicle. An 18-wheeler traveling at 65 mph needs more than 525 feet to come to a complete stop—nearly the length of two football fields. When a fully loaded tractor-trailer collides with a passenger vehicle, the force of the impact is equivalent to a car driving into a brick wall at 80 mph. The injuries that result—traumatic brain injury, spinal cord damage, internal bleeding, crush injuries—are often catastrophic, and the survivors who do make it to the hospital face years of rehabilitation, medical bills, and lost earning capacity.

For families in Terrell County, the aftermath of a fatal 18-wheeler crash is about more than just the immediate loss. It’s about the financial burden of funeral expenses, the emotional toll of losing a breadwinner, and the long-term struggle to make sense of a tragedy that could have been prevented. Under Texas law, surviving family members have legal options to hold the at-fault parties accountable, but those options are time-sensitive and legally complex. This guide will walk you through what you need to know in the first 48 hours, the legal framework that applies to your case, the investigation process we follow, and how we pursue full compensation for your loss.

What Texas Law Provides for Surviving Families

Texas law gives surviving family members two distinct legal claims after a fatal commercial-vehicle crash: a wrongful-death action and a survival action. These claims are separate, serve different purposes, and are governed by different sections of the Texas Civil Practice and Remedies Code. Understanding the difference is critical to ensuring your family receives the full compensation you’re entitled to.

Wrongful-Death Claims Under Texas Civil Practice and Remedies Code Section 71.001 et seq.

A wrongful-death claim is brought by the surviving spouse, children, and parents of the deceased. Under Section 71.004, each of these family members holds an independent claim for the losses they personally suffer as a result of the death. This includes:

Pecuniary loss: The financial support the deceased would have provided to the family over their lifetime. This is calculated based on the deceased’s earning capacity, age, health, and life expectancy at the time of death.
Loss of companionship and society: The emotional support, love, and guidance the deceased provided to their family. This is a non-economic damage that recognizes the intangible but profound impact of losing a loved one.
Mental anguish: The emotional pain and suffering experienced by the surviving family members as a result of the death.
Loss of inheritance: The assets the deceased would have accumulated and passed on to their heirs if they had lived a full life.

Wrongful-death claims are subject to the two-year statute of limitations under Section 16.003, which means the lawsuit must be filed within two years of the date of the fatal injury. This clock runs whether or not the carrier’s insurer is returning your calls, whether or not the police report is finalized, and whether or not you feel ready to take legal action. Missing this deadline means losing the right to pursue compensation forever.

Survival Actions Under Texas Civil Practice and Remedies Code Section 71.021

A survival action is brought by the estate of the deceased and compensates for the damages the deceased would have been entitled to if they had survived the crash. This includes:

Pain and suffering: The physical pain and mental anguish the deceased endured between the time of the injury and the time of death.
Medical expenses: The cost of the medical treatment the deceased received before passing away.
Funeral and burial expenses: The cost of laying your loved one to rest.

Like wrongful-death claims, survival actions are subject to the two-year statute of limitations under Section 16.003. The estate’s personal representative (typically the executor named in the deceased’s will or a family member appointed by the court) is responsible for filing the survival action.

Who Can Bring These Claims?

Under Section 71.004, the following family members can bring wrongful-death claims:

The surviving spouse
The surviving children (including adult children)
The surviving parents

If none of these family members file a wrongful-death claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim unless the family members specifically request that they not do so.

The survival action is brought by the estate, typically through the executor or administrator.

The 51% Bar and Comparative Negligence

Texas follows a modified comparative negligence rule under Chapter 33 of the Civil Practice and Remedies Code. This means that if the deceased was partially at fault for the crash, their family’s recovery will be reduced by the percentage of fault attributed to them. However, if the deceased was found to be 51% or more at fault, the family recovers nothing.

For example, if a jury finds that the deceased was 30% at fault for the crash, the family’s recovery will be reduced by 30%. If the jury finds the deceased was 51% at fault, the family recovers nothing. This is why it’s critical to build a strong case that minimizes the deceased’s fault and maximizes the carrier’s liability.

Punitive Damages: The Felony Exception

Texas law allows for punitive (exemplary) damages in cases where the defendant’s conduct was grossly negligent, malicious, or fraudulent. Under Chapter 41 of the Civil Practice and Remedies Code, punitive damages are capped at the greater of $200,000 or two times the amount of economic damages plus up to $750,000 in non-economic damages. However, there is a critical exception: the cap does not apply if the underlying act was a felony.

Intoxication manslaughter (a felony) and intoxication assault (a felony) are common charges in fatal commercial-vehicle crashes where the driver was under the influence of alcohol or drugs. If the driver is convicted of one of these felonies, there is no cap on punitive damages. This is one of the most powerful tools available to hold negligent carriers accountable, and it’s why we aggressively pursue evidence of gross negligence in every case.

The Federal Regulations That Govern Commercial Trucking

Commercial trucking is one of the most heavily regulated industries in the United States. The Federal Motor Carrier Safety Regulations (FMCSR), found in Title 49 of the Code of Federal Regulations (C.F.R.), establish the safety standards that carriers and drivers must follow. When a carrier violates these regulations, it can serve as evidence of negligence per se under Texas law, meaning the violation itself is proof of negligence.

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

One of the most common—and deadly—violations in commercial trucking is exceeding the hours-of-service (HOS) limits. Fatigue is a leading cause of truck crashes, and the FMCSR imposes strict limits on how long a driver can be on duty and behind the wheel. For property-carrying commercial drivers, the limits are:

11-hour driving limit: A driver may drive a maximum of 11 hours after 10 consecutive hours off duty.
14-hour duty limit: A driver may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
30-minute break requirement: Drivers must take a 30-minute break if more than 8 hours have passed since their last off-duty or sleeper-berth period of at least 30 minutes.
60/70-hour limit: Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.

The electronic logging device (ELD) mandate, which took effect in December 2017, requires carriers to use ELDs to record a driver’s hours of service. These devices automatically record driving time and ensure compliance with HOS regulations. However, ELDs are not foolproof. Drivers and carriers have found ways to manipulate the data, such as logging off-duty time while the truck is still moving or falsifying duty status. We subpoena the raw ELD data and cross-reference it with fuel receipts, toll records, and GPS data to uncover discrepancies.

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

Carriers are responsible for ensuring that their drivers are qualified to operate commercial vehicles. Under Part 391, carriers must:

Verify that the driver has a valid commercial driver’s license (CDL) with the appropriate endorsements.
Obtain the driver’s motor vehicle record (MVR) from every state where the driver has held a license in the past three years.
Conduct a background check, including the driver’s employment history for the past three years.
Require the driver to pass a medical examination and obtain a medical examiner’s certificate.
Administer a road test or accept a road test certificate from a previous employer.

A carrier that hires an unqualified driver—one with a history of traffic violations, a suspended license, or a pattern of preventable crashes—can be held liable for negligent hiring. Lupe Peña, our associate attorney, worked for years at a national insurance defense firm, where he reviewed driver qualification files and calculated claim valuations. He knows how carriers cut corners on hiring, and he knows how to expose those corners in court.

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

Carriers are required to systematically inspect, repair, and maintain their vehicles to ensure they are safe to operate. Under Part 396, carriers must:

Conduct pre-trip and post-trip inspections of every vehicle.
Maintain records of inspections, repairs, and maintenance for at least one year.
Ensure that all parts and accessories are in safe and proper condition at all times.

Common maintenance failures that lead to crashes include:

Brake failure: Worn brake pads, leaking brake lines, or improperly adjusted brakes can cause a driver to lose control of the vehicle.
Tire blowouts: Underinflated or worn tires can fail at high speeds, leading to rollovers or loss of control.
Lighting and visibility issues: Malfunctioning headlights, taillights, or turn signals can make it difficult for other drivers to see the truck, increasing the risk of a collision.
Cargo securement failures: Improperly secured cargo can shift during transit, causing the truck to become unbalanced and leading to rollovers or spills.

We subpoena the carrier’s maintenance records and hire experts to inspect the vehicle involved in the crash. If the carrier failed to maintain the truck properly, we hold them accountable for the consequences.

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

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

Pre-employment testing: Drivers must pass a drug test before being hired.
Random testing: Carriers must conduct random drug and alcohol tests throughout the year.
Post-accident testing: Drivers must be tested for drugs and alcohol after any accident that results in a fatality or requires a vehicle to be towed from the scene.
Reasonable suspicion testing: Drivers must be tested if a supervisor has reasonable suspicion that they are under the influence.

If a driver tests positive for drugs or alcohol after a crash, it is strong evidence of gross negligence, which can open the door to punitive damages under Texas law. We subpoena the driver’s drug and alcohol testing history and cross-reference it with their employment records to uncover patterns of substance abuse.

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

Commercial carriers are required to carry minimum levels of liability insurance to ensure that victims of crashes can recover compensation for their injuries. The minimum insurance requirements depend on the type of vehicle and the cargo being transported:

Non-hazardous property carriers (under 10,001 lbs): $300,000
Non-hazardous property carriers (10,001 lbs or more): $750,000
Household goods carriers: $5,000 per vehicle, $10,000 per occurrence
Hazardous materials carriers (Class A or B): $5,000,000
Passenger carriers (16 or more passengers): $5,000,000

Most commercial carriers carry insurance well above these minimums, often with excess and umbrella policies that provide additional layers of coverage. However, insurance companies are in the business of minimizing payouts, and they will often dispute coverage or argue that the policy does not apply. We work with insurance experts to identify all available coverage and maximize your recovery.

The Investigation We Begin Within 48 Hours

Evidence in commercial-vehicle crashes has a half-life measured in days, not weeks or months. The carrier controls most of the evidence, and they have a vested interest in making it disappear. That’s why we begin our investigation immediately, often within hours of taking your case. Here’s what we do in the first 48 hours:

Step 1: Send the Preservation Letter

Within 24 hours of taking your case, we send a preservation letter to the motor carrier, the broker, the shipper, and any third-party telematics provider. The letter identifies the specific evidence we are preserving:

The truck’s electronic control module (ECM) and event data recorder (EDR)
The electronic logging device (ELD) under 49 C.F.R. Part 395
The dashcam footage (driver-facing and forward-facing)
The dispatch communications and routing records
The Qualcomm or PeopleNet telematics feed
The maintenance records under 49 C.F.R. Part 396
The driver’s qualification file under 49 C.F.R. Section 391.51
The prior preventability determinations
The post-accident drug and alcohol screens under 49 C.F.R. Section 382.303
Any Form MCS-90 endorsement on the policy

The preservation letter puts the carrier on notice that spoliation—intentional or negligent destruction of evidence—will be argued, and an adverse inference charge will be sought if any of this evidence disappears. We’ve seen carriers “accidentally” delete ELD data, overwrite dashcam footage, or destroy maintenance records. Our preservation letter ensures that doesn’t happen in your case.

Step 2: Pull the FMCSA Records

We pull the following records from the Federal Motor Carrier Safety Administration (FMCSA) before discovery formally opens:

Pre-Employment Screening Program (PSP) record: This report provides a snapshot of the driver’s safety history, including their crash and inspection records for the past five years.
Safety Measurement System (SMS) profile: The SMS tracks the carrier’s safety performance across seven Behavior Analysis and Safety Improvement Categories (BASICs):
- Unsafe Driving
- Hours-of-Service Compliance
- Driver Fitness
- Controlled Substances/Alcohol
- Vehicle Maintenance
- Hazardous Materials Compliance
- Crash Indicator

The SMS profile tells us whether the carrier has a pattern of violations in any of these categories. If the carrier has a high Crash Indicator score, for example, it suggests they have a history of preventable crashes, which can be powerful evidence of negligence.

SAFER profile: The SAFER system provides a snapshot of the carrier’s safety rating, insurance status, and operating authority.

These records give us a roadmap for the case before we even file the lawsuit. They tell us where the carrier’s vulnerabilities are and where we need to focus our investigation.

Step 3: Deploy the Accident Reconstruction Expert

We work with accident reconstruction experts who specialize in commercial-vehicle crashes. These experts use physical evidence from the scene—skid marks, vehicle damage, roadway conditions, weather data—to reconstruct the crash and determine what happened. They can answer critical questions, such as:

How fast was the truck traveling at the time of the crash?
Did the driver brake or swerve to avoid the collision?
Was the truck’s cargo properly secured?
Did the truck’s brake system fail?
Was the driver fatigued or distracted?

Accident reconstruction is especially important in cases where the carrier is arguing that the crash was unavoidable or that the deceased was partially at fault. Our experts can rebut these arguments with hard data.

Step 4: Photograph the Scene and the Vehicles

We photograph the crash scene, the vehicles involved, and any visible injuries as soon as possible. These photographs preserve critical evidence that may not be available later, such as:

The position of the vehicles after the crash
The extent of the damage to the vehicles
Skid marks, debris, and other physical evidence at the scene
Visible injuries to the deceased or surviving family members

We also obtain any available surveillance footage from nearby businesses, traffic cameras, or dashcams. This footage can provide a clear picture of what happened and who was at fault.

Step 5: Identify All Potentially Liable Parties

In a commercial-vehicle crash, the driver is rarely the only liable party. We identify and pursue every party whose negligence contributed to the crash, including:

The motor carrier: The company that employs the driver and owns the truck. We hold them liable for negligent hiring, training, supervision, and retention.
The freight broker: The company that arranged the load. Under cases like Miller v. C.H. Robinson, brokers can be held liable for negligent selection of an unsafe carrier.
The shipper: The company that loaded the cargo. If the shipper directed unsafe loading or scheduling, they can be held liable for the consequences.
The maintenance contractor: The company responsible for inspecting and repairing the truck. If they failed to maintain the truck properly, they can be held liable for the crash.
The parts manufacturer: The company that manufactured the truck or its components. If a defective part contributed to the crash, the manufacturer can be held liable under product liability law.
The road designer or government entity: If a dangerous road condition—such as a missing guardrail, a poorly designed intersection, or inadequate signage—contributed to the crash, the government entity responsible for the road can be held liable under the Texas Tort Claims Act.

By naming every potentially liable party, we maximize your chances of recovering full compensation for your loss.

The Defendants Beyond the Driver

When a commercial vehicle crashes into your family, the driver behind the wheel is just one of many defendants who may be responsible. The carrier that hired the driver, the broker that arranged the load, the shipper that directed the haul, and even the parent corporation that owns the operating authority may all share liability. We don’t stop at the driver. We sue the trucking companies, the brokers, the shippers, and the corporate parents—every actor whose conduct produced the crash.

The Motor Carrier

The motor carrier is the company that employs the driver and owns the truck. Under the legal doctrine of respondeat superior, an employer is liable for the negligence of its employees committed within the course and scope of their employment. This means that if the driver was negligent, the carrier is liable for the consequences.

However, carriers often try to avoid liability by arguing that the driver was an independent contractor, not an employee. This is a common tactic in the trucking industry, where many carriers use independent contractor models to shield themselves from liability. We defeat this argument by applying the three independent contractor defeat tests:

The ABC Test: Under this test, a worker is presumed to be an employee unless all three of the following are true:
- The worker is free from the company’s control and direction in performing the work.
- The work is performed outside the company’s usual course of business.
- The worker is customarily engaged in an independently established trade, occupation, or business.
Most commercial drivers fail prong B: driving a truck is the core business of a trucking company, so the driver is performing work within the company’s usual course of business.
The Economic Reality Test: This test examines the degree of control the company exercises over the worker, the worker’s opportunity for profit or loss, the worker’s investment in equipment, the skill required for the work, the permanency of the relationship, and whether the service is integral to the company’s business.

Most commercial drivers fail this test because the company controls their routes, schedules, and performance metrics, and the work is integral to the company’s business.
The Right-to-Control Test: This test examines whether the company retains the right to control how the work is performed, not just what work is performed.

Most commercial drivers fail this test because the company sets their routes, schedules, and delivery quotas, and monitors their performance through ELDs and telematics.

We also hold carriers liable for direct negligence, such as:

Negligent hiring: Hiring a driver with a history of traffic violations, a suspended license, or a pattern of preventable crashes.
Negligent training: Failing to provide adequate training on hours-of-service compliance, cargo securement, or defensive driving.
Negligent supervision: Failing to monitor the driver’s compliance with federal regulations or address patterns of unsafe behavior.
Negligent retention: Keeping a driver on the road after they have demonstrated a pattern of unsafe behavior or preventable crashes.

Lupe Peña, our associate attorney, worked for years at a national insurance defense firm, where he reviewed driver qualification files and calculated claim valuations. He knows how carriers cut corners on hiring, training, and supervision, and he knows how to expose those corners in court.

The Freight Broker

Freight brokers are companies that arrange loads for carriers. They don’t own trucks or employ drivers, but they play a critical role in the supply chain. Under cases like Miller v. C.H. Robinson, brokers can be held liable for negligent selection of an unsafe carrier. This means that if a broker arranges a load with a carrier that has a documented history of safety violations, the broker can be held liable for the consequences.

We subpoena the broker’s records to determine whether they conducted due diligence on the carrier before arranging the load. If the broker failed to check the carrier’s SMS profile, its safety rating, or its history of preventable crashes, we hold them accountable.

The Shipper

Shippers are the companies that load the cargo onto the truck. If the shipper directs unsafe loading—such as overloading the truck, improperly securing the cargo, or failing to provide adequate weight distribution—they can be held liable for the consequences.

We subpoena the shipper’s records to determine whether they followed federal regulations on cargo securement and weight limits. If the shipper violated these regulations, we hold them accountable.

The Parent Corporation

Many carriers operate under a parent corporation that owns multiple subsidiaries. In some cases, the parent corporation can be held liable for the negligence of its subsidiaries under the legal doctrines of alter ego or single business enterprise. This is especially true if the parent corporation exercises control over the subsidiary’s operations, shares employees or resources with the subsidiary, or fails to maintain separate corporate records.

We subpoena the parent corporation’s records to determine whether they exercised control over the subsidiary’s operations. If they did, we hold them liable for the crash.

The Government Entity

If a dangerous road condition—such as a missing guardrail, a poorly designed intersection, or inadequate signage—contributed to the crash, the government entity responsible for the road can be held liable under the Texas Tort Claims Act. This law waives sovereign immunity for certain types of negligence, including the use of motor vehicles by government employees and premise defects on government property.

However, the Texas Tort Claims Act imposes strict requirements on claims against government entities:

Six-month notice requirement: You must provide written notice of your claim to the government entity within six months of the crash.
Damages caps: The government’s liability is capped at $250,000 per person and $500,000 per occurrence for most claims.
Waiver scope: The government is only liable for certain types of negligence, such as the use of motor vehicles or premise defects.

We work with experts to determine whether a dangerous road condition contributed to the crash and whether the government entity can be held liable under the Texas Tort Claims Act.

How Texas Pattern Jury Charges Submit Damages to a Jury

In Texas, a jury decides the outcome of a wrongful-death or survival action by answering a series of questions submitted under the Texas Pattern Jury Charges (PJC). These questions are designed to determine whether the defendant was negligent, whether that negligence caused the crash, and what damages the plaintiff is entitled to. Here’s how the process works:

Question 1: Negligence

The first question the jury answers is whether the defendant was negligent. Negligence is defined as the failure to use ordinary care—that is, failing to do what a reasonably prudent person would have done under the same or similar circumstances, or doing what a reasonably prudent person would not have done.

If the defendant violated a federal regulation—such as the hours-of-service limits under 49 C.F.R. Part 395 or the vehicle maintenance requirements under 49 C.F.R. Part 396—we argue that the violation constitutes negligence per se under PJC 27.2. Negligence per se means that the violation itself is proof of negligence, and the jury does not need to decide whether the defendant acted reasonably.

Question 2: Proximate Cause

The second question the jury answers is whether the defendant’s negligence was a proximate cause of the crash. Proximate cause is defined as a cause that was a substantial factor in bringing about the injury and without which the injury would not have occurred.

In some cases, the defendant may argue that the crash was caused by a third party or by an unforeseeable event, such as a sudden medical emergency. We rebut these arguments with evidence from the accident reconstruction, the ELD data, and the carrier’s safety records.

Question 3: Damages

If the jury finds that the defendant was negligent and that the negligence was a proximate cause of the crash, they move on to the damages questions. The damages questions are broken down into categories, and the jury must answer each one separately.

Wrongful-Death Damages

For wrongful-death claims, the jury answers the following questions:

Pecuniary loss: What sum of money, if paid now in cash, would fairly and reasonably compensate the plaintiff for the financial support the deceased would have provided over their lifetime?
Loss of companionship and society: What sum of money, if paid now in cash, would fairly and reasonably compensate the plaintiff for the loss of the deceased’s love, comfort, society, and companionship?
Mental anguish: What sum of money, if paid now in cash, would fairly and reasonably compensate the plaintiff for the emotional pain, torment, and suffering they have experienced as a result of the death?
Loss of inheritance: What sum of money, if paid now in cash, would fairly and reasonably compensate the plaintiff for the assets the deceased would have accumulated and passed on to their heirs if they had lived a full life?

Survival Damages

For survival actions, the jury answers the following questions:

Pain and suffering: What sum of money, if paid now in cash, would fairly and reasonably compensate the deceased for the physical pain and mental anguish they endured between the time of the injury and the time of death?
Medical expenses: What sum of money, if paid now in cash, would fairly and reasonably compensate the deceased’s estate for the medical expenses incurred as a result of the injury?
Funeral and burial expenses: What sum of money, if paid now in cash, would fairly and reasonably compensate the deceased’s estate for the reasonable and necessary funeral and burial expenses?

Question 4: Exemplary Damages

If the jury finds that the defendant’s conduct was grossly negligent, they may award exemplary (punitive) damages. Gross negligence is defined as an act or omission that, when viewed objectively from the standpoint of the actor at the time of its occurrence, involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others, and of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

The jury answers the following question:

What sum of money, if any, should be awarded to the plaintiff as exemplary damages to punish the defendant and to deter others from similar conduct?

If the underlying act was a felony—such as intoxication manslaughter or intoxication assault—there is no cap on exemplary damages. Otherwise, exemplary damages are capped at the greater of $200,000 or two times the amount of economic damages plus up to $750,000 in non-economic damages.

The Defense Playbook in Terrell County Trucking Cases—and Our Answer

Insurance companies and trucking carriers follow predictable defense playbooks in commercial-vehicle cases. They have teams of adjusters, investigators, and lawyers whose job is to minimize payouts and protect the carrier’s bottom line. Here’s what they’ll do—and how we counter each tactic.

Tactic 1: Quick Lowball Settlement

What they do: The adjuster calls within days of the crash and offers a small settlement, often before you’ve had time to talk to a lawyer or understand the full extent of your damages.

Our counter: First offers are always a fraction of what your case is worth. We never advise a client to sign a release in the first 96 hours. We calculate the full value of your claim—including future medical needs, lost earning capacity, and non-economic damages—before responding to any offer.

Tactic 2: Recorded Statement Trap

What they do: The adjuster asks for a “quick recorded statement for our files.” The questions are designed to make you minimize your injuries or admit fault.

Our counter: That statement will be used against you later. Never give a recorded statement without your attorney present. We handle all communications with the insurance company so you don’t have to.

Tactic 3: Comparative Negligence

What they do: They argue that you or your loved one was partially at fault for the crash—maybe you were speeding, or not wearing a seatbelt, or changed lanes suddenly.

Our counter: Texas follows modified comparative negligence under Chapter 33 of the Civil Practice and Remedies Code. Even if you were 50% at fault, you can still recover. We anticipate this attack and develop evidence that pushes fault back where it belongs—on the carrier.

Tactic 4: Pre-Existing Condition

What they do: They argue that your loved one had pre-existing back problems, or a history of migraines, or some other condition that existed before the crash.

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

Tactic 5: Delayed Treatment Defense

What they do: They argue that because you didn’t see a doctor immediately, your injuries must not be serious.

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

Tactic 6: Spoliation (Evidence Destruction)

What they do: They “lose” the ELD data, the dashcam footage, or the maintenance records before we can subpoena them.

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

Tactic 7: IME Doctor Selection

What they do: They send you to an “independent” medical examiner (IME) who is chosen for their pattern of finding plaintiffs not as injured as they claim.

Our counter: 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.

Tactic 8: Surveillance

What they do: Investigators photograph you doing anything that looks “normal”—walking to your car, carrying groceries, playing with your kids.

Our counter: 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.

Tactic 9: Delay Tactics

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

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

Tactic 10: Drowning You in Paperwork

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

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

The Two-Year Clock Under Section 16.003

Texas Civil Practice and Remedies Code Section 16.003 imposes a two-year statute of limitations on wrongful-death and personal-injury actions. This means you have exactly two years from the date of the fatal injury to file a lawsuit. If you miss this deadline, your case is barred forever, and the carrier walks away from a viable claim.

The clock starts the day of the crash—not the day of the funeral, not the day the autopsy report is released, not the day the police report is finalized. It runs whether or not the carrier’s insurer is returning your calls, whether or not you feel ready to take legal action, and whether or not you’ve had time to grieve.

Here’s what you need to know:

The clock is absolute. There are very few exceptions to the two-year rule. The discovery rule (which tolls the statute of limitations until the injury is discovered) rarely applies in commercial-vehicle crashes because the injury is usually immediate. Fraudulent concealment (where the defendant hides evidence) is difficult to prove and rarely applies. The only reliable way to protect your claim is to file within two years.
The clock runs on each claim independently. If your loved one died in the crash, you have two years from the date of death to file a wrongful-death action. If your loved one survived the crash but died later from their injuries, you have two years from the date of the later death. If your loved one survived the crash but suffered catastrophic injuries, you have two years from the date of the crash to file a personal-injury action.
The clock runs on government claims too. If a government entity—such as the Texas Department of Transportation or a county—is a defendant, you must provide written notice of your claim within six months of the crash under the Texas Tort Claims Act. Missing this deadline bars your claim against the government, even if you file the lawsuit within two years.
The clock runs whether or not you have a lawyer. The carrier’s legal team has been working since the night of the wreck. The longer you wait to hire a lawyer, the more evidence disappears and the harder it becomes to prove your case.

We’ve seen too many families lose their right to compensation because they waited too long to take action. Don’t let that happen to you. Call us today at 1-888-ATTY-911 for a free consultation. We’ll evaluate your case, explain your legal options, and make sure your claim is filed before the clock runs out.

How Attorney 911 Approaches Your Terrell County Case

When you call Attorney 911, you’re not just hiring a law firm—you’re gaining a team of advocates who understand the unique challenges of commercial-vehicle crashes in Terrell County. Here’s how we approach your case:

Step 1: Immediate Response

Within 24 hours of taking your case, we:

Send preservation letters to the motor carrier, the broker, the shipper, and any third-party telematics provider, putting them on notice that spoliation will be argued if any evidence is lost.
Pull the FMCSA Pre-Employment Screening Program record on the driver and the carrier’s Safety Measurement System (SMS) profile by USDOT number.
Deploy an accident reconstruction expert to the scene if needed.
Obtain the police crash report.
Photograph the vehicles involved and any visible injuries.

Step 2: Evidence Gathering

In the first 30 days, we:

Subpoena the 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 before it auto-deletes.

Step 3: Expert Analysis

We work with a team of experts to analyze the evidence and build your case, including:

Accident reconstruction specialists: To determine how the crash happened and who was at fault.
Medical experts: To establish the cause of death and the extent of any injuries.
Vocational experts: To calculate lost earning capacity.
Economic experts: To determine the present value of all damages.
Life-care planners: To develop detailed care plans for catastrophic injuries.
FMCSA regulation experts: To identify all violations of federal regulations.

Step 4: Litigation Strategy

We file the lawsuit before the statute of limitations expires and pursue full discovery against all potentially liable parties, including:

Deposing the truck driver, dispatcher, safety manager, and maintenance personnel.
Subpoenaing the carrier’s internal safety records, training materials, and prior preventability determinations.
Building 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’s the only way to create the leverage needed to negotiate a fair settlement.

Why Choose Attorney 911 for Your Terrell County Case?

When you’re facing the aftermath of a fatal commercial-vehicle crash, you need a law firm that understands the unique challenges of your case. Here’s why Attorney 911 is the right choice for families in Terrell County:

1. We Have 27+ Years of Experience Fighting for Injury Victims

Ralph Manginello has been representing trucking accident victims since 1998. He is admitted to the U.S. District Court for the Southern District of Texas, which covers Terrell County, and he has spent his career holding insurance companies and trucking corporations accountable for their negligence. Our firm has recovered more than $50 million for clients across our practice areas, including multi-million-dollar settlements for catastrophic injuries like traumatic brain injury, spinal cord damage, and wrongful death.

2. We Know How Insurance Companies Value Claims—Because We Used to Work for Them

Lupe Peña, our associate attorney, worked for years at a national insurance defense firm, where he calculated claim valuations and hired independent medical examiners. He knows how insurance companies think, and he knows how to beat them at their own game. Lupe’s insider knowledge is your unfair advantage.

3. We Are One of the Few Firms in Texas to Have Been Involved in BP Explosion Litigation

Our firm was involved in the BP Texas City Refinery explosion litigation, where 15 workers were killed and 180 injured in 2005. This experience gives us unique insight into how multinational corporations operate and how to hold them accountable for their negligence.

4. We’ve Filed a $10 Million Hazing Lawsuit Against the University of Houston and Pi Kappa Phi

In 2025, we filed a $10 million lawsuit against the University of Houston, Pi Kappa Phi fraternity, and 13 other defendants on behalf of a student who suffered severe rhabdomyolysis and acute kidney failure during a fraternity hazing event. This case demonstrates our commitment to holding institutions accountable for their negligence, whether it’s a fraternity, a trucking company, or a government entity.

5. We Don’t Stop at the Driver—We Sue the Trucking Companies

Most personal injury firms stop at the driver. We don’t. We sue the trucking companies, the brokers, the shippers, the maintenance contractors, and the parent corporations—every actor whose conduct contributed to the crash. Our multi-defendant strategy maximizes your chances of recovering full compensation for your loss.

6. We Have a 4.9-Star Google Rating from 251+ Reviews

Our clients consistently praise our communication, our results, and our commitment to fighting for them. Here’s what some of them have said:

“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

“I never felt like ‘just another case’ they were working on.” — Ambur Hamilton

7. We Offer Free Consultations and Work on a Contingency Fee Basis

We offer free consultations to evaluate your case and explain your legal options. We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we recover compensation for you. Our fee is 33.33% if the case settles before trial and 40% if it goes to trial. You may still be responsible for court costs and case expenses, but we’ll discuss those upfront so there are no surprises.

8. We Have Offices in Houston, Austin, and Beaumont, and We Serve Terrell County

Our primary office is located at 1177 West Loop S, Suite 1600, Houston, TX 77027, with a secondary office at 1635 Dunlavy Street, Houston, TX 77006-1007. We also have an office in Austin at 316 West 12th Street, Suite 311, Austin, TX 78701-1844, and we’re available for client meetings throughout the Golden Triangle (Beaumont, Port Arthur, Orange). While we don’t have a physical office in Terrell County, we serve clients throughout Texas, including Terrell County, and we’re just a phone call away at 1-888-ATTY-911.

9. Hablamos Español

Lupe Peña is fluent in Spanish, and our staff includes bilingual team members like Zulema, who is praised in client reviews for her translation services. We understand the unique challenges faced by Spanish-speaking families in the legal system, and we’re here to help.

“Especially Miss Zulema, who is always very kind and always translates.” — Celia Dominguez

Frequently Asked Questions About Fatal 18-Wheeler Crashes in Terrell County

1. What should I do in the first 48 hours after a fatal 18-wheeler crash in Terrell County?

The first 48 hours are critical for preserving evidence and protecting your legal rights. Here’s what you should do:

Call 911: Report the crash and request medical assistance for any injured parties.
Document the scene: Take photographs of the vehicles, the roadway conditions, and any visible injuries. If you’re not able to do this yourself, ask a witness or family member to help.
Get the police report: The police will investigate the crash and prepare a report. This report will be critical evidence in your case.
Seek medical attention: Even if you don’t think you’re injured, it’s important to get checked out by a doctor. Some injuries, like traumatic brain injury (TBI), may not be immediately apparent.
Preserve evidence: Do not repair or dispose of the vehicles involved in the crash. The vehicles and their components (such as the black box and ELD) are critical evidence.
Do not give a recorded statement: The insurance adjuster will call you within days of the crash and ask for a recorded statement. Do not give one without first speaking to an attorney. The adjuster’s questions are designed to minimize your claim.
Call Attorney 911: We’ll send preservation letters to the carrier, pull the FMCSA records, and begin building your case immediately.

2. How long do I have to file a wrongful-death lawsuit in Terrell County?

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 lawsuit. If you miss this deadline, your case is barred forever, and the carrier walks away from a viable claim. The clock starts the day of the crash, not the day of the funeral or the day the police report is finalized. It runs whether or not the carrier’s insurer is returning your calls.

3. Who can file a wrongful-death lawsuit in Texas?

Under Section 71.004 of the Texas Civil Practice and Remedies Code, the following family members can file a wrongful-death lawsuit:

The surviving spouse
The surviving children (including adult children)
The surviving parents

4. What damages can I recover in a wrongful-death lawsuit?

In a wrongful-death lawsuit, you can recover the following damages:

Pecuniary loss: The financial support the deceased would have provided to the family over their lifetime.
Loss of companionship and society: The emotional support, love, and guidance the deceased provided to their family.
Mental anguish: The emotional pain and suffering experienced by the surviving family members as a result of the death.
Loss of inheritance: The assets the deceased would have accumulated and passed on to their heirs if they had lived a full life.

5. What is a survival action, and how is it different from a wrongful-death lawsuit?

A survival action is brought by the estate of the deceased and compensates for the damages the deceased would have been entitled to if they had survived the crash. This includes:

Pain and suffering: The physical pain and mental anguish the deceased endured between the time of the injury and the time of death.
Medical expenses: The cost of the medical treatment the deceased received before passing away.
Funeral and burial expenses: The cost of laying your loved one to rest.

A wrongful-death lawsuit, on the other hand, is brought by the surviving family members and compensates for the losses they personally suffer as a result of the death.

6. Can I sue the trucking company, or just the driver?

You can—and should—sue the trucking company. The driver is rarely the only liable party. The carrier that hired the driver, the broker that arranged the load, the shipper that directed the haul, and even the parent corporation that owns the operating authority may all share liability. We don’t stop at the driver. We sue the trucking companies, the brokers, the shippers, and the corporate parents—every actor whose conduct produced the crash.

7. What if the truck driver was an independent contractor, not an employee?

Many trucking companies try to avoid liability by arguing that the driver was an independent contractor, not an employee. We defeat this argument by applying the three independent contractor defeat tests:

The ABC Test: Most commercial drivers fail prong B because driving a truck is the core business of a trucking company.
The Economic Reality Test: Most commercial drivers fail this test because the company controls their routes, schedules, and performance metrics.
The Right-to-Control Test: Most commercial drivers fail this test because the company retains the right to control how the work is performed.

We also hold carriers liable for direct negligence, such as negligent hiring, training, supervision, and retention.

8. What if the trucking company claims the crash was unavoidable?

Trucking companies often argue that the crash was unavoidable due to weather, road conditions, or the actions of another driver. We rebut these arguments with evidence from the accident reconstruction, the ELD data, and the carrier’s safety records. For example:

If the carrier argues that the crash was caused by weather, we show that the driver was traveling too fast for conditions in violation of 49 C.F.R. Section 392.14.
If the carrier argues that the crash was caused by another driver, we show that the truck driver failed to maintain a safe following distance in violation of 49 C.F.R. Section 392.2.
If the carrier argues that the crash was caused by a mechanical failure, we show that the carrier failed to maintain the truck properly in violation of 49 C.F.R. Part 396.

9. What if the trucking company offers me a settlement?

First offers are always a fraction of what your case is worth. We never advise a client to sign a release in the first 96 hours. We calculate the full value of your claim—including future medical needs, lost earning capacity, and non-economic damages—before responding to any offer.

10. How much is my case worth?

The value of your case depends on a variety of factors, including:

The severity of the injuries or the fact of the death
The extent of the medical expenses
The amount of lost earning capacity
The degree of pain and suffering
The strength of the evidence against the defendant
The defendant’s insurance coverage
The venue where the case is filed

We work with economic experts, vocational experts, and life-care planners to calculate the full value of your claim. While we can’t guarantee a specific outcome, we can tell you that we’ve recovered multi-million-dollar settlements for clients with injuries like yours.

11. How long will my case take?

Most commercial-vehicle cases settle within 12 to 18 months, but some cases take longer, especially if they go to trial. We push for resolution as quickly as possible without sacrificing value. If the carrier is unwilling to offer a fair settlement, we’re prepared to take the case to trial.

12. What if I can’t afford a lawyer?

We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we recover compensation for you. Our fee is 33.33% if the case settles before trial and 40% if it goes to trial. You may still be responsible for court costs and case expenses, but we’ll discuss those upfront so there are no surprises.

13. What if I’m undocumented? Will my immigration status affect my case?

Your immigration status does not affect your right to compensation in Texas. We represent clients regardless of their immigration status, and we keep your information confidential. Hablamos Español, and we’re here to help.

14. What if I already have a lawyer but I’m not happy with them?

You can switch lawyers at any time. If your current attorney is not returning your calls, not updating you on your case, or pushing you to settle for less than your case is worth, you have options. Call us at 1-888-ATTY-911 for a free consultation, and we’ll explain your rights.

15. How do I get started?

Call us today at 1-888-ATTY-911 for a free consultation. We’ll evaluate your case, explain your legal options, and make sure your claim is filed before the two-year clock runs out. You don’t have to go through this alone. We’re here to help.

Terrell County’s Freight Corridors: Where the Risk Lies

Terrell County may be small, but its roads carry some of the most dangerous commercial traffic in Texas. Here are the corridors where the risk is highest:

U.S. Highway 90: The Long-Haul Freight Artery

U.S. Highway 90 is a critical east-west freight corridor connecting San Antonio to El Paso. It passes through Sanderson, Dryden, and the surrounding ranchlands, carrying long-haul trucks loaded with everything from produce to petroleum. The stretch of U.S. 90 through Terrell County is particularly dangerous due to:

High speeds: The speed limit on U.S. 90 is 75 mph, and many trucks travel at or above this limit.
Limited shoulders: The roadway has narrow or nonexistent shoulders, leaving little room for disabled vehicles or emergency responders.
Fatigue risk: Long-haul drivers running between San Antonio and El Paso often push their hours-of-service limits, increasing the risk of fatigue-related crashes.
Wildlife crossings: The rural nature of the corridor means that wildlife—such as deer and cattle—can suddenly enter the roadway, creating hazards for drivers.

The Texas Department of Transportation’s Crash Records Information System (CRIS) documents a pattern of commercial-vehicle crashes on U.S. 90, including rollovers, rear-end collisions, and head-on crashes. In 2024 alone, Texas recorded 4,150 traffic fatalities, and rural highways like U.S. 90 are overrepresented in these statistics.

State Highway 349: The Oilfield Service Highway

State Highway 349 is a lifeline for the oil and gas industry, connecting the Permian Basin to the Eagle Ford Shale. The corridor carries a steady stream of oilfield service trucks, including:

Water haulers: Tanker trucks transporting produced water from drilling sites to disposal facilities.
Sand haulers: Trucks carrying frac sand to well sites for hydraulic fracturing.
Frac spread vehicles: Trucks transporting the equipment and chemicals used in fracking operations.
Crew buses: Passenger vehicles transporting oilfield workers to and from job sites.

The risks on SH 349 include:

Fatigue: Oilfield workers often work long shifts, and drivers may push their hours-of-service limits to meet tight deadlines.
Overweight loads: Water haulers and sand trucks are often loaded beyond their legal weight limits, increasing the risk of brake failure and rollovers.
Narrow roadways: SH 349 is a two-lane highway with limited passing opportunities, increasing the risk of head-on collisions.
Dust and visibility issues: The dry, dusty conditions common in West Texas can reduce visibility, especially during windy periods.

The Federal Motor Carrier Safety Administration’s Safety Measurement System (SMS) tracks the safety performance of oilfield service carriers, and many of the carriers operating on SH 349 have high Crash Indicator scores, indicating a pattern of preventable crashes.

Farm-to-Market Road 2400: The Agricultural Haul

Farm-to-Market Road 2400 and other rural routes in Terrell County carry agricultural freight, including:

Livestock haulers: Trucks transporting cattle, sheep, and other livestock between ranches and processing facilities.
Cotton and grain trucks: Trucks carrying cotton, grain, and other agricultural products to market.
Feed and fertilizer trucks: Trucks delivering feed and fertilizer to local ranches and farms.

The risks on FM 2400 include:

Slow-moving vehicles: Agricultural trucks often travel at slower speeds than passenger vehicles, creating hazards for drivers who attempt to pass them.
Wide loads: Livestock haulers and other agricultural trucks may carry wide or oversize loads, making them difficult to see and increasing the risk of side-swipe collisions.
Dust and debris: Agricultural trucks can kick up dust and debris, reducing visibility for following vehicles.
Limited maintenance: Rural roads like FM 2400 are often poorly maintained, with potholes, uneven surfaces, and limited signage.

The Texas Department of Transportation has documented Farm-to-Market roads as the deadliest road class in the state, with a fatality rate of 121.15 crashes per 100 million vehicle miles traveled (VMT) in rural areas and 260.52 crashes per 100 million VMT in urban areas.

The Permian Basin Connection: A Regional Risk Profile

Terrell County sits at the crossroads of two major oil and gas production basins: the Permian Basin to the north and the Eagle Ford Shale to the east. The Permian Basin is one of the most active oil and gas regions in the world, and the Eagle Ford Shale is a major source of crude oil and natural gas. The commercial traffic generated by these basins creates a unique risk profile for Terrell County:

Oilfield service trucks: Water haulers, sand trucks, and frac spread vehicles run between well sites on SH 349, U.S. 90, and other rural routes.
Produced water haulers: Tanker trucks transport produced water—a byproduct of oil and gas extraction—to disposal facilities, creating hazmat exposure.
Oversize and overweight loads: Trucks carrying drilling rigs, fracking equipment, and other heavy machinery often exceed legal weight limits, increasing the risk of rollovers and brake failures.
Fatigue and hours-of-service violations: Oilfield workers often work long shifts, and drivers may push their hours-of-service limits to meet tight deadlines.

The Texas Railroad Commission, which regulates the oil and gas industry, has documented a pattern of commercial-vehicle crashes in the Permian Basin, many of which are linked to fatigue, overweight loads, and inadequate maintenance. We work with experts to analyze the carrier’s safety records, the driver’s hours-of-service logs, and the vehicle’s maintenance history to uncover violations of federal regulations.

The Human Cost: Stories from Terrell County Families

While every case is unique, the stories of Terrell County families who have lost loved ones to commercial-vehicle crashes share common themes: the shock of the initial call, the struggle to make sense of a preventable tragedy, and the long road to justice. Here are some of the stories we’ve heard from families in Terrell County and across Texas:

The Rancher’s Son

A rancher’s son was driving home from a livestock auction on FM 2400 when a fully loaded cattle hauler failed to yield at an intersection. The impact killed the young man instantly. The carrier’s ELD data showed that the driver had been on duty for 14 hours and had falsified his log to hide the violation. The family’s wrongful-death lawsuit named the carrier, the driver, and the livestock auction that had overloaded the truck. The case settled for a confidential amount that provided financial security for the rancher’s wife and younger children.

The Oilfield Worker’s Wife

An oilfield worker’s wife was driving to meet her husband at a job site on SH 349 when a water hauler lost control and crossed the center line. The head-on collision killed the woman and left her husband with catastrophic injuries. The carrier’s maintenance records showed that the truck’s brakes had not been inspected in months, and the driver’s qualification file revealed a history of preventable crashes. The family’s wrongful-death lawsuit named the carrier, the driver, and the maintenance contractor. The case settled for a multi-million-dollar amount that provided for the husband’s long-term care and the couple’s young children.

The College Student’s Parents

A college student was driving home for the holidays on U.S. 90 when an 18-wheeler rear-ended her car at high speed. The impact killed the student and left her parents devastated. The carrier’s SMS profile showed a pattern of hours-of-service violations, and the driver’s PSP record revealed multiple prior crashes. The parents’ wrongful-death lawsuit named the carrier, the driver, and the broker that had arranged the load. The case settled for a confidential amount that allowed the parents to establish a scholarship in their daughter’s name.

The Border Patrol Agent’s Family

A Border Patrol agent was responding to a call on a rural road near the Terrell County line when his vehicle was struck by a commercial truck traveling at high speed. The impact killed the agent and left his family struggling to cope with the loss. The carrier’s ELD data showed that the driver had been on duty for 18 hours, in violation of federal regulations. The family’s wrongful-death lawsuit named the carrier, the driver, and the shipper that had directed the unsafe loading. The case settled for a confidential amount that provided financial security for the agent’s spouse and children.

These stories are a reminder that commercial-vehicle crashes don’t just happen—they are the result of negligence, corner-cutting, and corporate decisions that prioritize profit over safety. At Attorney 911, we’re committed to holding these corporations accountable and ensuring that Terrell County families receive the justice and compensation they deserve.

What to Do If You’ve Lost a Loved One in a Commercial-Vehicle Crash in Terrell County

If you’ve lost a loved one in a commercial-vehicle crash in Terrell County, you don’t have to go through this alone. Here’s what you should do in the days and weeks ahead:

1. Preserve Evidence

The first 48 hours are critical for preserving evidence. Do not repair or dispose of the vehicles involved in the crash. The vehicles and their components—such as the black box, the ELD, and the dashcam—are critical evidence. If you haven’t already, take photographs of the scene, the vehicles, and any visible injuries.

2. Obtain the Police Report

The police will investigate the crash and prepare a report. This report will be critical evidence in your case. You can obtain a copy of the report from the Texas Department of Transportation’s Crash Records Information System (CRIS) or from the law enforcement agency that responded to the crash.

3. Seek Medical Attention

Even if you don’t think you’re injured, it’s important to get checked out by a doctor. Some injuries, like traumatic brain injury (TBI), may not be immediately apparent. Keep all medical records and bills, as they will be important evidence in your case.

4. Do Not Give a Recorded Statement

The insurance adjuster will call you within days of the crash and ask for a recorded statement. Do not give one without first speaking to an attorney. The adjuster’s questions are designed to minimize your claim.

5. Call Attorney 911

We’ll send preservation letters to the carrier, pull the FMCSA records, and begin building your case immediately. We’ll also evaluate your case, explain your legal options, and make sure your claim is filed before the two-year clock runs out.

6. Focus on Your Family

While we handle the legal aspects of your case, focus on your family and your healing. Grief is a long process, and it’s important to give yourself time to heal.

The Next Step: Call Attorney 911 Today

The two-year clock under Section 16.003 is already running. The carrier’s legal team has been working since the night of the wreck. The evidence they control is at risk of disappearing every day that passes without a preservation letter on file.

Don’t wait to take action. Call us today at 1-888-ATTY-911 for a free consultation. We’ll evaluate your case, explain your legal options, and make sure your claim is filed before the clock runs out.

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