Fatal 18-Wheeler and Tractor-Trailer Crashes in Texarkana, Texas: What Families Need to Know in the First 48 Hours

You are reading this because someone you love did not come home from a corridor most people in Texarkana drive every day without thinking about it. Interstate 30 carries eastbound freight from Dallas to Little Rock, and the carriers running it count on the corridor’s familiarity to mask what the Texas Department of Transportation’s Crash Records Information System (CRIS) shows about fatal-crash density on the stretch through Bowie County. When the eighteen-wheeler that changed your family’s life crossed onto that interstate, the corridor’s carrier mix and the corridor’s crash history both started writing the case.

Texarkana sits at the crossroads of Texas, Arkansas, and Louisiana—three states, two time zones, and one freight reality that produces commercial-vehicle crashes with consequences no family should have to face. The Texas side of the metro area (Bowie County) recorded 1,243 crashes in 2024, including 12 fatalities. The Arkansas side (Miller County) added another 897 crashes and 8 fatalities. Together, the Texarkana metropolitan area sees one crash every 6 hours and 12 minutes—many of them involving fully loaded tractor-trailers moving between the region’s distribution centers, manufacturing plants, and the major freight hubs in Dallas, Shreveport, and Little Rock.

Texas Civil Practice and Remedies Code Section 16.003 has already started a clock that does not stop while you grieve. You have two years from the date of the fatal injury to file a wrongful-death action. Under Section 71.004, you—as the surviving spouse, child, or parent—hold an independent statutory claim. So does your loved one’s estate, under Section 71.021, for the conscious pain and mental anguish they endured between injury and death. The carrier whose driver killed your family member has lawyers who have been working since the night of the wreck. The longer you wait, the more evidence the carrier controls—whether it’s 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, or the prior preventability determinations the carrier hoped would never see a Bowie County jury.

We send the preservation letter that locks it down. 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 Bowie County District Court, and we build the case for those questions from the first investigator we send to the scene.

The Reality of an 18-Wheeler Crash on Texarkana’s Freight Corridors

Texarkana’s position as a regional freight hub means its roads carry a mix of long-haul interstate trucking, regional less-than-truckload (LTL) freight, and local delivery vehicles. The dominant corridors—Interstate 30, U.S. Highway 59, U.S. Highway 67, and State Highway 93—are designed to move freight, not to protect families from the consequences of carrier negligence.

Interstate 30: The Deadliest Freight Artery in Northeast Texas

Interstate 30 is the backbone of Texarkana’s freight network, carrying everything from retail goods to industrial equipment between Dallas and Little Rock. The Texas Department of Transportation’s CRIS data shows that I-30 in Bowie County had 187 crashes in 2024, including 5 fatalities. Most of these crashes occurred in the stretch between Exit 212 (State Highway 93) and Exit 219 (Loop 151), where stop-and-go congestion during rush hour routinely backs up traffic and creates rear-end collision conditions.

When a fully loaded eighteen-wheeler fails to control speed on this stretch, the physics of an 80,000-pound vehicle at highway speeds leave no time for the driver of a passenger vehicle to react. A semi-truck crash at those weights is not a fender-bender—it is a closing-speed event that frequently produces fatalities and catastrophic injuries. Whether you call it a semi, a tractor-trailer, or an eighteen-wheeler, the legal exposure of the motor carrier under Federal Motor Carrier Safety Regulations (FMCSR) is identical, and the depth of investigation required to prove how the crash actually happened is the same.

U.S. Highway 59: The Hidden Danger for Local Families

U.S. Highway 59 runs north-south through Texarkana, connecting the region to Houston and the Gulf Coast. While it may not carry the same volume of long-haul freight as I-30, it is a critical route for regional LTL carriers, oilfield service vehicles, and local delivery trucks. The CRIS data for 2024 shows 112 crashes on U.S. 59 in Bowie County, including 3 fatalities. Many of these crashes occur at uncontrolled intersections or in residential areas where children and families are present.

The carriers operating on U.S. 59 often include smaller regional fleets and independent contractors who may not have the same safety protocols as national carriers. This increases the risk of mechanical failures, driver fatigue, and inadequate training—all of which can lead to devastating crashes.

U.S. Highway 67 and State Highway 93: The Rural Risk

U.S. Highway 67 and State Highway 93 serve as key connectors for Texarkana’s rural communities, including the towns of Maud, Nash, and Hooks. These roads carry agricultural freight, oilfield service vehicles, and local delivery trucks. While they may not see the same volume of traffic as I-30 or U.S. 59, they present unique risks due to their rural nature:

Longer EMS response times: Rural crashes are 2.66 times more likely to be fatal than urban crashes, according to the National Highway Traffic Safety Administration (NHTSA). This is due in part to longer EMS response times and limited access to Level I trauma centers.
Higher speeds: Rural roads often have higher speed limits, which increases the severity of crashes when they occur.
Limited infrastructure: Many rural roads lack median barriers, adequate lighting, and proper signage, increasing the risk of head-on collisions and run-off-road crashes.

The CRIS data for 2024 shows 45 crashes on U.S. 67 and 38 crashes on SH 93 in Bowie County, including 2 fatalities on each corridor. These numbers may seem small compared to urban highways, but the fatality rate per crash is significantly higher.

What Texas Wrongful-Death and Survival Statutes Give Your Family

Texas law provides a structured framework for families seeking justice after a fatal commercial-vehicle crash. The statutes are not just legal technicalities—they are the tools that allow you to hold the carrier accountable and secure the compensation your family needs to move forward.

Wrongful Death Claims Under Section 71.001

Under Texas Civil Practice and Remedies Code Section 71.001, a wrongful-death claim arises when a person’s death is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another. In the context of a fatal 18-wheeler crash, this means the surviving family members can pursue a claim against the driver, the carrier, and any other parties whose negligence contributed to the crash.

Section 71.004 distributes the wrongful-death claim among the surviving spouse, children, and parents as independent claimants. This means that if your loved one was survived by a spouse and two children, each of you holds a separate claim under Texas law. The damages available in a wrongful-death claim include:

Pecuniary loss: The financial support the decedent would have provided to the family, including lost wages, benefits, and household services.
Mental anguish: The emotional pain and suffering endured by the surviving family members.
Loss of companionship and society: The loss of the decedent’s love, comfort, and guidance.
Loss of inheritance: The assets the decedent would have accumulated and passed on to the family had they lived.

Survival Actions Under Section 71.021

In addition to the wrongful-death claim, the estate of the decedent may bring 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:

Pain and suffering: The physical pain and mental anguish the decedent endured between the time of injury and death.
Medical expenses: The cost of medical treatment the decedent received before passing away.
Funeral and burial expenses: The reasonable costs associated with the decedent’s funeral and burial.

The survival action is separate from the wrongful-death claim and is brought by the executor or administrator of the decedent’s estate.

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 both wrongful-death and survival actions. This means you have exactly two years from the date of the fatal injury to file a lawsuit. The clock starts running on the day of the crash, not on the day of the funeral, the day the autopsy report is released, or the day you feel emotionally ready to pursue legal action.

Once the two-year window closes, the case is barred forever. The carrier’s insurer is under no obligation to negotiate, regardless of how clear the negligence is. We never approach a case assuming the clock can be extended.

The Federal Regulations the Carrier Is Supposed to Operate Under

Commercial trucking is one of the most heavily regulated industries in the United States. The Federal Motor Carrier Safety Regulations (FMCSR) govern every aspect of a carrier’s operations, from driver qualifications to vehicle maintenance to hours of service. When a carrier violates these regulations, it creates a framework for proving negligence under Texas law.

Driver Qualifications Under 49 C.F.R. Part 391

Under 49 C.F.R. Part 391, commercial drivers must meet strict qualification standards, including:

Age: Drivers must be at least 21 years old to operate a commercial vehicle in interstate commerce.
Medical certification: Drivers must pass a physical examination conducted by a certified medical examiner and obtain a medical certificate. This certificate must be renewed every two years, or more frequently if the driver has a medical condition that requires monitoring.
Commercial driver’s license (CDL): Drivers must hold a valid CDL with the appropriate endorsements for the type of vehicle they operate (e.g., tanker, hazmat, passenger).
Driving record: Carriers must review the driver’s Motor Vehicle Record (MVR) annually to ensure they have not accumulated too many violations.
Drug and alcohol testing: Drivers are subject to pre-employment, random, post-accident, reasonable suspicion, and return-to-duty drug and alcohol testing under 49 C.F.R. Part 382.

When a carrier hires a driver who does not meet these qualifications—or fails to monitor the driver’s compliance—it opens the door to claims of negligent hiring, retention, and supervision.

Hours of Service Under 49 C.F.R. Part 395

Driver fatigue is one of the leading causes of commercial-vehicle crashes. To combat this, the FMCSR imposes strict limits on how long a driver can be on duty and behind the wheel. Under 49 C.F.R. Part 395, property-carrying commercial drivers are limited to:

11 hours of driving within a 14-hour duty window.
10 consecutive hours off duty before starting a new duty window.
60 hours of on-duty time in 7 consecutive days, or 70 hours in 8 consecutive days, depending on the carrier’s operating schedule.

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 are designed to prevent drivers from falsifying their logs, but carriers and drivers have found ways to manipulate the system. We subpoena the raw ELD data and cross-reference it with fuel receipts, toll records, and GPS data to expose discrepancies.

Vehicle Maintenance and Inspection Under 49 C.F.R. Part 396

Commercial vehicles must be properly maintained to ensure they are safe to operate. Under 49 C.F.R. Part 396, carriers are required to:

Conduct pre-trip inspections before each trip to check for defects in the vehicle’s brakes, tires, lights, and other critical systems.
Perform regular maintenance on all vehicles, including brake adjustments, tire replacements, and engine repairs.
Keep detailed records of all inspections and maintenance performed on each vehicle.

When a carrier fails to maintain its vehicles, it increases the risk of mechanical failures that can lead to crashes. We subpoena the carrier’s maintenance records to identify patterns of neglect.

Cargo Securement Under 49 C.F.R. Part 393

Improperly secured cargo is a leading cause of rollover crashes and lost-load incidents. Under 49 C.F.R. Part 393, carriers must ensure that cargo is properly loaded, secured, and distributed to prevent it from shifting or falling off the vehicle. This includes:

Using the proper number of tie-downs for the weight and type of cargo.
Securing cargo with straps, chains, or other devices that meet federal strength requirements.
Ensuring that cargo does not obstruct the driver’s view or interfere with the vehicle’s operation.

When cargo is improperly secured, it can shift during transit, causing the vehicle to become unstable and increasing the risk of a rollover or lost-load crash.

The Investigation We Begin Within 48 Hours

Within hours of taking your case, we launch a multi-phase investigation designed to preserve evidence, identify liable parties, and build a record that forces the carrier to take your claim seriously.

Phase 1: Immediate Response (0 to 72 Hours)

Send preservation letters to the motor carrier, the broker, the shipper, and any third-party telematics provider. The letter identifies the truck’s electronic control module (ECM), the ELD, the dashcam footage, the dispatch communications, the Qualcomm or PeopleNet telematics feed, the maintenance records, the driver-qualification file, the prior preventability determinations, the post-accident drug and alcohol screens, and any Form MCS-90 endorsement on the policy.
Put the carrier on notice that spoliation will be argued—and an adverse inference charge sought—if any of that evidence disappears.
Pull the FMCSA Pre-Employment Screening Program (PSP) record on the driver. This report includes the driver’s crash and inspection history from the past five years.
Pull the carrier’s Safety Measurement System (SMS) profile by USDOT number. The SMS tracks the carrier’s performance in seven Behavior Analysis and Safety Improvement Categories (BASICs): Unsafe Driving, Hours-of-Service Compliance, Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Hazardous Materials Compliance, and Crash Indicator.
Open the FMCSA SAFER profile to review the carrier’s operating authority, insurance coverage, and safety rating.
Identify all potentially liable parties for the preservation list, including the driver, the carrier, the broker, the shipper, the maintenance contractor, and any other parties whose conduct contributed to the crash.

Phase 2: Evidence Gathering (Days 1 to 30)

Subpoena ELD and black-box data downloads to reconstruct the driver’s hours of service and the vehicle’s speed, braking, and acceleration in the moments leading up to the crash.
Request the driver’s paper log books (if applicable) as backup documentation.
Obtain the complete Driver Qualification File (DQF) from the carrier, including the driver’s application, medical certificate, CDL, MVR, drug and alcohol test results, and prior employer references.
Request all truck maintenance and inspection records to identify any patterns of neglect.
Obtain the carrier’s CSA safety scores and inspection history to assess its overall safety performance.
Order the driver’s complete Motor Vehicle Record (MVR) to review their driving history.
Subpoena the driver’s cell phone records to check for distracted driving.
Obtain dispatch records and delivery schedules to determine whether the driver was under pressure to meet unrealistic deadlines.
Pull surveillance footage from businesses near the scene before it is automatically deleted (typically within 7 to 14 days).

Phase 3: Expert Analysis

Accident reconstruction specialist creates a detailed analysis of the crash, including the speed, trajectory, and forces involved.
Medical experts establish the causation between the crash and the injuries or death, as well as the future medical needs of any survivors.
Vocational experts calculate the lost earning capacity of the decedent or injured survivor.
Economic experts determine the present value of all damages, including medical expenses, lost wages, and pain and suffering.
Life-care planners develop detailed care plans for catastrophic injuries, such as traumatic brain injuries (TBI), spinal cord injuries, and amputations.
FMCSA regulation experts identify all violations of federal safety rules and explain how those violations contributed to the crash.

Phase 4: Litigation Strategy

File a lawsuit before the two-year statute of limitations expires under Section 16.003.
Pursue full discovery against all potentially liable parties, including the driver, the carrier, the broker, the shipper, the maintenance contractor, and any other parties whose conduct contributed to the crash.
Depose the truck driver, dispatcher, safety manager, and maintenance personnel to uncover evidence of negligence.
Build the case for trial while negotiating settlement from a position of strength. We prepare every case as if it is going to trial—because that creates the leverage needed to secure a fair settlement.

The Defendants Beyond the Driver

In a fatal 18-wheeler crash, the driver is often just one of many defendants. The carrier that employed the driver, the broker that arranged the load, the shipper that directed the haul, the maintenance contractor responsible for the truck’s upkeep, and even the manufacturer of a defective part can all share liability. Naming every responsible party is critical to maximizing your recovery and holding the right actors accountable.

The Motor Carrier Employer

The carrier is liable for the driver’s negligence under the legal doctrine of respondeat superior, which holds employers responsible for the actions of their employees when those actions occur within the course and scope of employment. This means that if the driver was acting in the course of their job when the crash occurred, the carrier is on the hook for the damages.

But the carrier’s liability doesn’t stop there. Under Texas law, carriers can also be held directly liable for their own negligence in:

Hiring the driver (negligent hiring): If the carrier failed to properly vet the driver’s qualifications, driving record, or criminal history, it can be held liable for negligent hiring.
Training the driver (negligent training): If the carrier failed to provide adequate training on hours-of-service compliance, cargo securement, or defensive driving, it can be held liable for negligent training.
Supervising the driver (negligent supervision): If the carrier failed to monitor the driver’s compliance with federal regulations or ignored signs of fatigue, distraction, or impairment, it can be held liable for negligent supervision.
Retaining the driver (negligent retention): If the carrier knew or should have known that the driver was unfit to operate a commercial vehicle but continued to employ them, it can be held liable for negligent retention.
Maintaining the truck (negligent maintenance): If the carrier failed to properly maintain the truck’s brakes, tires, lights, or other critical systems, it can be held liable for negligent maintenance.

The Freight Broker

Freight brokers play a critical role in the trucking industry by connecting shippers with carriers. Under the Federal Aviation Administration Authorization Act (FAAAA), brokers are generally shielded from liability for the negligence of the carriers they hire. However, courts have increasingly recognized that brokers can be held liable for their own negligence in selecting unsafe carriers.

In the landmark case Miller v. C.H. Robinson Worldwide, Inc., the Ninth Circuit Court of Appeals ruled that brokers can be held liable for negligent selection if they fail to vet the carriers they hire. This theory has been adopted by Texas courts, opening the door to claims against brokers who dispatch loads to carriers with poor safety records.

The Shipper

Shippers are responsible for loading and securing cargo, and they can be held liable if their negligence contributes to a crash. For example, if a shipper overloads a truck or fails to properly secure the cargo, it can be held liable for any resulting injuries or deaths.

Shippers can also be held liable for pressuring carriers to meet unrealistic delivery deadlines, which can lead to driver fatigue and other safety violations.

The Maintenance Contractor

Many carriers outsource their vehicle maintenance to third-party contractors. If a maintenance contractor fails to properly inspect or repair a truck, it can be held liable for any resulting crashes.

For example, if a maintenance contractor signs off on a brake inspection but fails to identify a critical defect, it can be held liable for negligent maintenance.

The Parts Manufacturer

If a crash is caused by a defective part, such as a faulty brake system or a tire blowout, the manufacturer of that part can be held liable under Texas product liability law. This includes claims for design defects, manufacturing defects, and failure to warn.

The Road Designer or Government Entity

In some cases, the design of the roadway itself can contribute to a crash. For example, if a poorly designed intersection, missing guardrail, or inadequate signage played a role in the crash, the Texas Department of Transportation (TxDOT) or the local municipality can be held liable under the Texas Tort Claims Act.

The Texas Tort Claims Act (Texas Civil Practice and Remedies Code Chapter 101) waives sovereign immunity for injuries caused by the use of motor vehicles by government employees, premise defects on government property, and defective conditions of tangible property. However, there are strict notice requirements and damages caps:

Notice requirement: You must file a notice of claim with the government entity within six months of the crash.
Damages caps: For municipalities, the cap is $250,000 per person and $500,000 per occurrence. For state agencies, the cap is higher.

How Texas Pattern Jury Charges Submit Damages to a Jury

A Bowie County jury in a trucking case is not deciding the case in the abstract. It is deciding the specific questions submitted under the Texas Pattern Jury Charge (PJC)—PJC 27.1 on general negligence, PJC 27.2 where a federal or state regulatory violation supports negligence per se, and PJC 5.1 on gross negligence as the predicate for exemplary damages under Chapter 41. Every fact we develop, every document we pull, every deposition we take in Texarkana is built around the questions the jury will actually answer. The defense knows the PJC. Adjusters know the PJC. So do we.

PJC 27.1: General Negligence

PJC 27.1 asks the jury to determine whether the defendant was negligent and whether that negligence was a proximate cause of the crash. Negligence is defined as the failure to use ordinary care—that is, the failure to do what a reasonably prudent person would have done under the same or similar circumstances.

For example, if the truck driver failed to maintain a safe following distance or failed to yield the right of way, the jury could find that the driver was negligent.

PJC 27.2: Negligence Per Se

PJC 27.2 applies when the defendant violated a statute or regulation designed to protect the public from the type of harm that occurred. In trucking cases, this often involves violations of the FMCSR, such as:

Hours-of-service violations under 49 C.F.R. Part 395.
Driver qualification violations under 49 C.F.R. Part 391.
Vehicle maintenance violations under 49 C.F.R. Part 396.
Cargo securement violations under 49 C.F.R. Part 393.

If the jury finds that the defendant violated a statute or regulation and that the violation was a proximate cause of the crash, it can find the defendant negligent per se. This is a powerful tool for plaintiffs because it shifts the burden to the defendant to prove that they were not negligent.

PJC 5.1: Gross Negligence

PJC 5.1 asks the jury to determine whether the defendant’s conduct rose to the level of gross negligence, which is defined as an act or omission that involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others, and of which the defendant had actual awareness but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others.

Gross negligence is the predicate for exemplary (punitive) damages under Texas Civil Practice and Remedies Code Chapter 41. If the jury finds that the defendant acted with gross negligence, it can award exemplary damages in addition to compensatory damages.

Examples of gross negligence in trucking cases include:

Falsifying hours-of-service logs to conceal fatigue.
Ignoring prior preventability determinations that showed a pattern of unsafe driving.
Dispatching a driver with a known history of drug or alcohol abuse.
Failing to maintain critical vehicle systems, such as brakes or tires, despite repeated warnings.

Damages Categories Under the PJC

The PJC also submits specific questions about the damages the plaintiff is entitled to recover. These include:

Past and future medical care: The cost of medical treatment the plaintiff has already received and will need in the future.
Past and future lost earnings and lost earning capacity: The income the plaintiff has already lost and will lose in the future due to their injuries.
Past and future physical pain: The physical pain the plaintiff has already endured and will endure in the future.
Past and future mental anguish: The emotional pain and suffering the plaintiff has already experienced and will experience in the future.
Past and future physical impairment: The loss of the plaintiff’s ability to perform daily activities or enjoy life.
Past and future disfigurement: The permanent scars or other physical changes resulting from the crash.
Exemplary damages: Additional damages awarded to punish the defendant for gross negligence or willful misconduct.

For wrongful-death cases, the PJC also submits questions about:

Pecuniary loss: The financial support the decedent would have provided to the family.
Mental anguish: The emotional pain and suffering endured by the surviving family members.
Loss of companionship and society: The loss of the decedent’s love, comfort, and guidance.
Loss of inheritance: The assets the decedent would have accumulated and passed on to the family.

The Defense Playbook in Texarkana Trucking Cases—and Our Answer

The carrier’s defense lawyer in a Texarkana trucking case has a script. The driver was professional. The crash was unavoidable. The injured plaintiff was partly at fault. Discovery is overbroad. The hours-of-service log shows compliance. The dashcam shows nothing material. We have heard every line of that script before we walk into the courtroom.

The Hours-of-Service Log Defense

The carrier will argue that the driver’s ELD log shows compliance with hours-of-service regulations. But ELD data does not lie—and neither do the discrepancies we find when we cross-reference the log with fuel receipts, toll records, and GPS data. If the log shows the driver was off duty during a period when the truck was moving, that is not a “discrepancy.” That is a federally regulated falsification under 49 C.F.R. Section 395.8(e), and under Texas common law, it is the gross-negligence predicate.

The Comparative Negligence Defense

The carrier will argue that you were partially at fault—perhaps you were speeding, changed lanes, or failed to yield the right of way. Texas follows modified comparative negligence under Chapter 33 of the Texas Civil Practice and Remedies Code. This means that even if you were 50% at fault, you can still recover damages. However, if you are found to be 51% or more at fault, you recover nothing.

We anticipate this defense and develop evidence that pushes fault back where it belongs. For example, if the truck driver failed to maintain a safe following distance or failed to yield the right of way, we will argue that the driver’s negligence was the primary cause of the crash.

The Pre-Existing Condition Defense

The carrier will argue that your loved one had pre-existing medical conditions that contributed to their injuries or death. But Texas follows the “eggshell skull” doctrine, which means the defendant takes the plaintiff as they find them. If the crash worsened a pre-existing condition, the defendant is liable for the aggravation.

For example, if your loved one had a pre-existing back condition but the crash caused a herniated disc, the carrier is liable for the full extent of the injury, not just the portion that existed before the crash.

The Delayed Treatment Defense

The carrier will argue that your loved one did not seek medical treatment immediately after the crash, so their injuries must not be serious. But adrenaline masks pain, and symptoms of traumatic brain injury (TBI) or whiplash can take days or weeks to appear.

We counter this defense with medical evidence showing that delayed treatment is common in serious crashes and that the injuries are real and documented.

The Spoliation Defense

The carrier will not announce this one—they will just do it. ELD data, dashcam footage, dispatch records—these “disappear” before discovery. We file spoliation preservation letters within 24 hours of taking the case. Every black-box record, every ELD log, every maintenance file—locked down before they can “accidentally” delete them.

If the carrier destroys evidence, we argue for an adverse inference—that the missing evidence would have been unfavorable to the carrier.

The IME Doctor Defense

The carrier will send your loved one to an “independent” medical examiner (IME) who will find that their injuries are not as serious as they claim. Lupe Peña hired these doctors when he worked for insurance defense firms. He knows the panel. We counter with the victim’s treating physicians and independent experts the carrier cannot impeach.

The Surveillance Defense

The carrier will hire investigators to photograph your loved one doing anything that looks “normal.” Lupe’s insider quote applies here: “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the ten minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”

We expose this tactic in deposition and argue that the surveillance footage is taken out of context.

The Paperwork Defense

The carrier will drown your family in paperwork—massive discovery requests designed to overwhelm an underfunded plaintiff’s counsel. 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: Why Waiting Is Not an Option

Texas Civil Practice and Remedies Code Section 16.003 gives you two years from the date of the fatal injury to file a wrongful-death action. The clock runs whether or not the carrier’s insurer is returning calls. Once it runs, the case dies procedurally, and the carrier walks away from a viable claim because the file was never opened.

The Clock Starts on the Day of the Crash

The two-year window begins on the day of the crash, not on the day of the funeral, the day the autopsy report is released, or the day you feel ready to pursue legal action. This is a hard deadline—there are no extensions.

Exceptions Are Rare

There are a few narrow exceptions to the two-year statute of limitations, but they are difficult to prove:

Discovery Rule: If the injury or its cause was not immediately discoverable, the clock may start later. This is rare in trucking cases because the cause of the crash is usually apparent.
Defendant’s Absence: If the defendant leaves Texas, the clock may be tolled (paused) until they return.
Mental Incapacity: If the plaintiff is mentally incapacitated, the clock may be tolled until the incapacity ends.
Fraudulent Concealment: If the defendant actively hid evidence, the clock may be tolled. This is difficult to prove and rarely applies in trucking cases.

The Carrier’s Strategy: Let the Clock Run

The carrier’s insurer knows the two-year deadline and will often drag out negotiations in the hope that you will miss it. They may make lowball settlement offers, delay responding to your calls, or even ignore your claim altogether.

We file lawsuits early to force discovery and ensure that the case is moving forward. We set depositions, serve subpoenas, and make the carrier carry the cost of delay.

How Attorney 911 Approaches Your Texarkana Case

We do not stop at the truck driver. We sue the trucking companies behind them. The driver in the cab who crashed into your family is one defendant—rarely the most exposed. The motor carrier that hired them, trained them, supervised them, dispatched them, and ignored the warning signs in their record carries the deeper liability. The freight broker that arranged the load, under cases like Miller v. C.H. Robinson, is exposed. The shipper that directed unsafe loading is exposed. The carrier’s parent corporation, where alter-ego or single-business-enterprise doctrine reaches, is exposed.

Under Texas Civil Practice and Remedies Code Chapter 72, the carrier will move to bifurcate the trial to keep its hiring file, training records, and prior preventability determinations out of the first jury phase. We build the case so the second phase becomes inevitable, and then we open the carrier’s own files in front of the Bowie County jury for the gross-negligence determination.

Ralph Manginello: 27+ Years Fighting for Texas Families

Ralph Manginello has been representing injury victims in Texas courtrooms since 1998. He grew up in Houston’s Memorial area, went to UT Austin, and has spent his career fighting for families in communities like Texarkana. When your case is filed in Bowie County District Court, Ralph’s 27+ years of experience and federal court admission mean he is standing in a courtroom he knows—not one he is visiting.

Ralph was one of the few attorneys in Texas involved in the BP Texas City Refinery explosion litigation, which resulted in one of the largest industrial settlements in U.S. history. He has also handled high-profile cases involving fraternity hazing, including the recent $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity on behalf of a student who suffered severe rhabdomyolysis and acute kidney failure.

Lupe Peña: The Insurance Defense Advantage

Lupe Peña worked for years at a national insurance defense firm, where he learned how large insurance companies value claims. He calculated them himself. Now, he fights for you. Lupe understands the tactics carriers use to minimize payouts, and he knows how to counter them.

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

Lupe’s insider knowledge is your advantage. He knows which independent medical examiners (IMEs) the carriers favor—he hired them. He knows how Colossus, the algorithmic claim valuation system, weights medical codes and treatment durations. He knows what evidence to develop to push the Colossus value up before negotiations begin.

Our Case Results: Multi-Million Dollar Settlements for Catastrophic Injuries

Every case is unique. Past results do not guarantee future outcomes. But our track record speaks to our ability to hold carriers accountable for their negligence:

Logging Brain Injury — $5+ Million: Multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company.
Car Accident Amputation — $3.8+ Million: In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.
Trucking Wrongful Death — Millions: At Attorney 911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.
Maritime Jones Act Back Injury — $2+ Million: In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement.
BP Texas City Explosion Litigation: Our firm is one of the few firms in Texas to be involved in BP explosion litigation.

Our Client Testimonials: Real Families, Real Results

We treat every client like family. Here’s what some of our clients have to say:

Brian Butchee: “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.”

Stephanie Hernandez: “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.”

Chelsea Martinez: “Special thank you to my attorney, Mr. Pena, for your kindness and patience with my repeated questions.”

Dame Haskett: “Consistent communication and not one time did i call and not get a clear answer…Ralph reached out personally.”

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

Donald Wilcox: “One company said they would not except my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.”

Tymesha Galloway: “Leonor is the best!!! She was able to assist me with my case within 6 months.”

Jacqueline Johnson: “One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”

Erica Perales: “You know if TraeAbn tells you it’s the right way to go best attorney out here you can’t go wrong.”

Our Offices: Serving Texarkana and Beyond

We have offices in Houston, Austin, and Beaumont, but we serve clients across Texas, including Texarkana. Our Houston office is located at:

Attorney 911
1177 West Loop S, Suite 1600
Houston, TX 77027
Phone: 1-888-ATTY-911 (1-888-288-9911)
Direct: (713) 528-9070
Cell: (713) 443-4781

We also have a secondary office in Houston at 1635 Dunlavy Street, Houston, TX 77006-1007, and an office in Austin at 316 West 12th Street, Suite 311, Austin, TX 78701-1844.

Our Fee Structure: No Fee Unless We Recover for You

We work on a contingency fee basis, which means you pay nothing upfront. Our fee is 33.33% of the recovery 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 only get paid if we recover compensation for you.

Hablamos Español

For Spanish-speaking families in Texarkana, we offer bilingual representation. Lupe Peña is fluent in Spanish, and our staff member Zulema provides translation services. Your immigration status does not affect your right to compensation in Texas.

“Si su familia perdió a un ser querido en un accidente con un camión de carga en Texarkana, el reloj legal ya está corriendo. La ley de Texas otorga dos años desde la fecha de la lesión fatal para presentar una demanda por homicidio culposo. Atendemos a las familias en español, desde la primera llamada hasta la última audiencia en el tribunal del condado donde se presente el caso. Lo que el transportista quiere es que usted espere.”

What to Do Next: Call 1-888-ATTY-911

The evidence is being destroyed right now. Black-box data overwrites in 30 to 180 days. Surveillance footage auto-deletes in 7 to 14 days. The two-year clock under Section 16.003 is ticking. You can always decide not to proceed later—but you cannot recreate evidence that is already gone.

Call 1-888-ATTY-911 (1-888-288-9911) for a free case evaluation. In 15 minutes, we will tell you exactly what your case may be worth—with no obligation. We handle everything from there.

You are not alone. We are here to fight for you.