18-Wheeler Accidents in Bowie County: Your Complete Legal Guide
When an 18-Wheeler Changes Everything in Bowie County
The moment an 80,000-pound truck collides with your vehicle on Bowie County’s highways, your life changes forever. One second you’re driving to work, running errands, or heading home to your family. The next, you’re facing catastrophic injuries, mounting medical bills, and an uncertain future.
At Attorney911, we’ve seen what happens when trucking companies prioritize profits over safety. We’ve represented Bowie County families who lost loved ones to preventable accidents. We’ve fought for victims who suffered traumatic brain injuries, spinal cord damage, and permanent disabilities. And we’ve held negligent trucking companies accountable – securing multi-million dollar verdicts and settlements for our clients.
This guide explains everything you need to know about 18-wheeler accidents in Bowie County. We’ll cover the unique dangers of Bowie County’s trucking corridors, the federal regulations that trucking companies violate, and how we build cases that maximize your recovery.
Why Bowie County’s Highways Are Especially Dangerous
Bowie County sits at the crossroads of major trucking routes that connect Texas to Arkansas and beyond. Our position creates unique risks for local drivers:
Bowie County’s Trucking Corridors
- I-30 corridor: Connects Texarkana to Dallas, carrying massive freight volume
- US-59: Major route for local and regional truck traffic
- US-82: Important east-west corridor through Bowie County
- Local distribution routes: Serving Bowie County’s industrial and agricultural sectors
These highways see heavy truck traffic from:
- Cross-country freight haulers
- Local distribution companies
- Agricultural transporters moving Bowie County’s farm products
- Oil and gas industry vehicles
- Hazardous material carriers
Unique Bowie County Risk Factors
Fatigue Zones: Long stretches of I-30 and US-59 create fatigue hazards for drivers pushing to meet deadlines.
Weather Challenges: Bowie County experiences all four seasons, creating diverse driving conditions that challenge even experienced truckers.
Rural/Urban Mix: Trucks transition between rural highways and urban areas like Texarkana, creating congestion and unexpected traffic patterns.
Industrial Traffic: Local industries generate specialized truck traffic that may not be familiar with Bowie County’s roadways.
Border Crossings: Proximity to Arkansas creates unique traffic patterns at state line crossings.
The Physics of 18-Wheeler Accidents
Understanding why these accidents are so devastating requires understanding the physics involved:
Size and Weight Disparity
- Fully loaded 18-wheeler: Up to 80,000 pounds
- Average passenger car: 3,500-4,000 pounds
- Ratio: The truck is 20-25 times heavier than your car
Stopping Distance
- Truck at 65 mph: Needs approximately 525 feet to stop (nearly two football fields)
- Car at 65 mph: Needs approximately 300 feet to stop
- Difference: Trucks need 40% more stopping distance
Impact Force
The kinetic energy formula shows why truck accidents are so destructive:
Force = Mass × Acceleration
An 80,000-pound truck carries approximately 80 times the kinetic energy of a passenger car at the same speed. This energy transfers to the smaller vehicle in a collision, causing catastrophic damage.
Common 18-Wheeler Accident Types in Bowie County
Jackknife Accidents
What happens: The trailer swings out perpendicular to the cab, often blocking multiple lanes.
Bowie County hotspots:
- I-30 near exit ramps
- US-59 curves approaching Texarkana
- US-82 rural stretches with sudden traffic slowdowns
Common causes:
- Sudden braking on wet or icy roads
- Speeding on curves
- Improperly loaded or empty trailers
- Brake system failures
- Driver inexperience with Bowie County’s road conditions
Evidence we gather:
- Skid mark analysis showing trailer angle
- Brake inspection records
- Weather conditions at time of accident
- ELD data showing speed before braking
- ECM data for brake application timing
- Cargo manifest and loading records
Underride Collisions
What happens: Your vehicle slides underneath the trailer, often shearing off the roof.
Bowie County risks:
- High-speed collisions on I-30
- Intersection crashes in Texarkana
- Nighttime accidents on rural highways
Types:
- Rear underride: Your vehicle strikes the back of the trailer
- Side underride: Your vehicle impacts the side of the trailer during lane changes or turns
Why they’re so deadly:
- The trailer’s height often causes decapitation
- Occupants in the passenger compartment are crushed
- Almost always fatal or catastrophic
Federal requirements:
- 49 CFR § 393.86 requires rear impact guards on trailers manufactured after 1/26/1998
- Guards must prevent underride at 30 mph impact
- NO federal requirement for side underride guards (advocacy ongoing)
Rollover Accidents
What happens: The truck tips onto its side or roof, often crushing vehicles beneath it.
Bowie County high-risk areas:
- I-30 exit and entrance ramps
- US-59 curves near Texarkana
- Rural roads with sudden elevation changes
- Construction zones with uneven surfaces
Common causes:
- Speeding on curves
- Improperly secured cargo shifting weight
- Liquid cargo “slosh” effect
- Overcorrection after tire blowout
- Driver fatigue causing delayed reaction
- Road design defects
Evidence we gather:
- ECM data for speed through curve
- Cargo manifest and securement documentation
- Load distribution records
- Driver training records on rollover prevention
- Road geometry and signage analysis
- Witness statements on truck speed
Rear-End Collisions
What happens: The truck strikes the back of your vehicle or vice versa.
Bowie County risks:
- Sudden traffic slowdowns on I-30
- Congestion in Texarkana
- Distracted truck drivers
- Poor visibility conditions
Why they’re so dangerous:
- Trucks require much longer stopping distances
- Rear-end collisions often cause whiplash and spinal injuries
- Multiple vehicle pileups are common
- Underride can occur if the truck doesn’t stop in time
Common causes:
- Following too closely (tailgating)
- Driver distraction (cell phone, dispatch communications)
- Driver fatigue
- Excessive speed for conditions
- Brake failures from poor maintenance
- Failure to anticipate traffic slowdowns
- Impaired driving
Evidence we gather:
- ECM data showing following distance and speed
- ELD data for driver fatigue analysis
- Cell phone records for distraction evidence
- Brake inspection and maintenance records
- Dashcam footage
- Traffic conditions and speed limits
Wide Turn Accidents (“Squeeze Play”)
What happens: The truck swings wide before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing the vehicle.
Bowie County hotspots:
- Texarkana intersections
- Shopping center entrances
- Industrial park access roads
- Rural road intersections
Why trucks make wide turns:
- Trailers track inside the cab’s path
- Need to avoid curbs, signs, or buildings
- Limited turning radius of large vehicles
Common causes:
- Failure to properly signal turning intention
- Inadequate mirror checks
- Improper turn technique
- Driver inexperience
- Failure to yield right-of-way
- Poor intersection design
Evidence we gather:
- Turn signal activation data from ECM
- Mirror condition and adjustment records
- Driver training records on turning procedures
- Intersection geometry analysis
- Witness statements on turn execution
- Surveillance camera footage
Blind Spot Accidents (“No-Zone”)
What happens: The truck changes lanes or maneuvers without seeing your vehicle in one of its four major blind spots.
The Four No-Zones:
- Front No-Zone: 20 feet directly in front of the cab
- Rear No-Zone: 30 feet behind the trailer
- Left Side No-Zone: Extends from cab door backward
- Right Side No-Zone: Extends from cab door backward – MOST DANGEROUS (much larger than left side)
Bowie County risks:
- Lane changes on I-30 and US-59
- Merging traffic near Texarkana
- Rural highway passing situations
- Construction zone lane shifts
Common causes:
- Failure to check mirrors before lane changes
- Improperly adjusted or damaged mirrors
- Inadequate mirror checking during sustained maneuvers
- Driver distraction
- Driver fatigue affecting situational awareness
- Failure to use turn signals
FMCSA requirements:
- 49 CFR § 393.80 requires mirrors providing clear view to rear on both sides
- Proper mirror adjustment is part of driver pre-trip inspection
Tire Blowout Accidents
What happens: A tire suddenly fails, causing the driver to lose control. Debris can also strike other vehicles.
Bowie County risks:
- Long hauls on I-30
- Extreme temperature variations
- Road debris from construction zones
- Aging tire inventory
Statistics:
- 18-wheelers have 18 tires, each of which can fail
- Steer tire (front) blowouts are especially dangerous
- “Road gators” (tire debris) cause thousands of accidents annually
Common causes:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Manufacturing defects
- Improper tire matching on dual wheels
- Heat buildup on long hauls
- Inadequate pre-trip tire inspections
FMCSA requirements:
- 49 CFR § 393.75: Tire requirements (tread depth, condition)
- 49 CFR § 396.13: Pre-trip inspection must include tire check
- Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions
Brake Failure Accidents
What happens: The truck’s braking system fails or underperforms, preventing the driver from stopping in time.
Bowie County risks:
- Long descents on I-30
- Sudden stops in Texarkana traffic
- Poorly maintained local fleets
- Extreme temperature variations affecting brake performance
Statistics:
- Brake problems are a factor in approximately 29% of large truck crashes
- Brake system violations are among the most common FMCSA out-of-service violations
Common causes:
- Worn brake pads or shoes not replaced
- Improper brake adjustment (too loose)
- Air brake system leaks or failures
- Overheated brakes (brake fade) on long descents
- Contaminated brake fluid
- Defective brake components
- Failure to conduct pre-trip brake inspections
- Deferred maintenance to save costs
FMCSA requirements:
- 49 CFR § 393.40-55: Brake system requirements
- 49 CFR § 396.3: Systematic inspection and maintenance
- 49 CFR § 396.11: Driver post-trip report of brake condition
- Air brake pushrod travel limits specified
Cargo Spill/Shift Accidents
What happens: Improperly secured cargo falls from the truck or shifts during transport, causing instability or spilling onto the roadway.
Bowie County risks:
- Agricultural shipments from local farms
- Hazardous material transports
- Construction equipment hauling
- Oil and gas industry cargo
Types:
- Cargo Shift: Load moves during transit, destabilizing the truck
- Cargo Spill: Load falls from truck onto roadway
- Hazmat Spill: Hazardous materials leak or spill, creating additional dangers
Common causes:
- Inadequate tiedowns (insufficient number or strength)
- Improper loading distribution
- Failure to use blocking, bracing, or friction mats
- Tiedown failure due to wear or damage
- Overloading beyond securement capacity
- Failure to re-inspect cargo during trip
- Loose tarps allowing cargo shift
FMCSA requirements:
- 49 CFR § 393.100-136: Complete cargo securement standards
- Working load limits for tiedowns specified
- Specific requirements by cargo type (logs, metal coils, machinery, etc.)
Head-On Collisions
What happens: The truck crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.
Bowie County risks:
- Two-lane rural highways
- Driver fatigue on long hauls
- Distracted driving incidents
- Wrong-way entry onto divided highways
Common causes:
- Driver fatigue causing lane departure
- Driver falling asleep at the wheel
- Driver distraction (phone, GPS, dispatch)
- Impaired driving (drugs, alcohol)
- Medical emergency (heart attack, seizure)
- Overcorrection after running off road
- Passing on two-lane roads
- Wrong-way entry onto divided highways
Catastrophic Injuries from 18-Wheeler Accidents
The extreme forces involved in 18-wheeler accidents cause injuries that change lives forever. At Attorney911, we’ve represented clients with every type of catastrophic injury imaginable.
Traumatic Brain Injury (TBI)
What it is: Damage to the brain caused by sudden trauma, often from the brain impacting the inside of the skull.
Severity levels:
| Level | Symptoms | Prognosis |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief loss of consciousness | Usually recovers, but may have lasting effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
Common symptoms:
- Headaches and dizziness
- Memory loss and confusion
- Difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Long-term consequences:
- Permanent cognitive impairment
- Inability to work
- Need for ongoing care and supervision
- Increased risk of dementia and Alzheimer’s
- Depression and emotional disorders
Lifetime care costs: $85,000 to $3,000,000+ depending on severity
Spinal Cord Injury
What it is: Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.
Types of paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable – may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Level of injury matters:
- Higher injuries (cervical spine) affect more body functions
- C1-C4 injuries may require ventilator for breathing
- Lower injuries (lumbar) affect legs but not arms
Lifetime care costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
Amputation
Types:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Common in 18-wheeler accidents due to:
- Crushing forces from truck impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Ongoing medical needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
Impact on life:
- Permanent disability
- Career limitations or total disability
- Phantom limb pain
- Body image and psychological trauma
- Need for home modifications
- Dependency on others for daily activities
Severe Burns
How burns occur in 18-wheeler accidents:
- Fuel tank rupture and fire
- Hazmat cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burn classification:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Long-term consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage
Common internal injuries:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Why dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Requires emergency surgery
- Organ removal affects long-term health
Wrongful Death
When a trucking accident kills a loved one:
Wrongful death claims allow surviving family members to recover compensation when negligence causes a death.
Who can bring a wrongful death claim in Texas:
- Surviving spouse
- Children (minor and adult)
- Parents (if no spouse or children)
- Estate representative
Types of claims:
- Wrongful Death Action: Compensation for survivors’ losses
- Survival Action: Compensation for decedent’s pain/suffering before death
Damages available under Texas law:
- Lost future income and benefits
- Loss of consortium (spousal companionship and relationship)
- Loss of parental guidance and nurturing (for surviving children)
- Mental anguish and emotional distress
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Pain and suffering experienced by decedent before death
- Punitive damages (in cases of gross negligence or recklessness)
Texas statute of limitations: 2 years from date of death to file wrongful death lawsuit
FMCSA Regulations: The Rules Trucking Companies Break
The Federal Motor Carrier Safety Administration (FMCSA) regulates every aspect of commercial trucking operations. These regulations exist to protect public safety. When trucking companies violate these rules, they create dangerous conditions that lead to catastrophic accidents.
At Attorney911, we use FMCSA violations as powerful evidence of negligence. Our team includes experts who understand these complex regulations and know how to use them to build strong cases.
Part 390: General Applicability
Purpose: Establishes who must comply with federal trucking regulations.
Key provisions:
- Applies to all motor carriers operating commercial motor vehicles (CMVs) in interstate commerce
- Applies to all drivers of CMVs in interstate commerce
- Covers vehicles with GVWR over 10,001 lbs
- Covers vehicles designed to transport 16+ passengers (including driver)
- Covers vehicles transporting hazardous materials requiring placards
49 CFR § 390.3 – General Applicability:
“The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”
Part 391: Driver Qualification Standards
Purpose: Establishes who is qualified to drive a commercial motor vehicle.
Minimum driver qualifications (49 CFR § 391.11):
A person shall not drive a commercial motor vehicle unless they:
- Are at least 21 years old (interstate) or 18 years old (intrastate)
- Can read and speak English sufficiently
- Can safely operate the CMV and cargo type
- Are physically qualified under § 391.41
- Have a valid commercial motor vehicle operator’s license (CDL)
- Have completed a driver’s road test or equivalent
- Are not disqualified under § 391.15 (violations, suspensions)
- Have completed required entry-level driver training
Driver Qualification File requirements (49 CFR § 391.51):
Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:
| Document | Requirement |
|---|---|
| Employment Application | Completed per § 391.21 |
| Motor Vehicle Record | From state licensing authority |
| Road Test Certificate | Or equivalent documentation |
| Medical Examiner’s Certificate | Current, valid (max 2 years) |
| Annual Driving Record Review | Must be conducted and documented |
| Previous Employer Inquiries | 3-year driving history investigation |
| Drug & Alcohol Test Records | Pre-employment and random testing |
Why this matters for your Bowie County case:
If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.
Physical qualification requirements (49 CFR § 391.41):
Drivers must be medically qualified to operate CMVs. Key requirements include:
- No loss of foot, leg, hand, or arm (without exemption)
- No established medical history of epilepsy or seizures
- No mental, nervous, or psychiatric disorder likely to interfere with safe driving
- No current clinical diagnosis of alcoholism
- No use of Schedule I controlled substances
- No use of non-Schedule I substances that impair driving ability
- Vision of at least 20/40 in each eye (with or without correction)
- Hearing adequate to perceive forced whisper at 5 feet
Part 392: Driving Rules
Purpose: Establishes rules for the safe operation of CMVs.
Ill or Fatigued Operators (49 CFR § 392.3):
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
Why this matters: This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.
Drugs and Other Substances (49 CFR § 392.4):
A driver shall not be on duty or operate a CMV while:
- Under the influence of any Schedule I substance
- Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
- Possessing a Schedule I substance (unless prescription)
Alcohol (49 CFR § 392.5):
A driver shall not:
- Use alcohol within 4 hours before going on duty or operating a CMV
- Use alcohol while on duty or operating a CMV
- Be under the influence of alcohol (.04 BAC or higher) while on duty
- Possess any alcohol while on duty (with limited exceptions)
Speeding (49 CFR § 392.6):
“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”
Following Too Closely (49 CFR § 392.11):
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”
Mobile Phone Use (49 CFR § 392.82):
Drivers are PROHIBITED from:
- Using a hand-held mobile telephone while driving
- Reaching for mobile phone in manner requiring leaving seated position
- Texting while driving (49 CFR § 392.80)
Part 393: Parts and Accessories for Safe Operation
Purpose: Establishes equipment and cargo securement standards.
Cargo Securement (49 CFR § 393.100-136):
General Requirements (§ 393.100):
Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling from the vehicle
- Shifting that affects vehicle stability or maneuverability
- Blocking the driver’s view or interfering with operation
Performance Criteria (§ 393.102):
Cargo securement systems must withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
Tiedown Requirements:
- Aggregate working load limit must be at least 50% of cargo weight for loose cargo
- At least one tiedown for cargo 5 feet or less in length
- At least two tiedowns for cargo over 5 feet or under 1,100 lbs
- Additional tiedowns for every 10 feet of cargo length
Brakes (49 CFR § 393.40-55):
All CMVs must have properly functioning brake systems:
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems must meet specific requirements
- Brake adjustment must be maintained within specifications
Lighting (49 CFR § 393.11-26):
Required lighting includes:
- Headlamps, tail lamps, stop lamps
- Clearance and side marker lamps
- Reflectors and retroreflective sheeting
- Turn signal lamps
Part 395: Hours of Service (HOS) Regulations
Purpose: Prevents driver fatigue by limiting driving time and requiring rest.
THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.
Property-Carrying Drivers (Most 18-Wheelers):
| Rule | Requirement | Violation Consequence |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Fatigue-related accidents |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Driver exhaustion |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | Impaired alertness |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Cumulative fatigue |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate recovery |
| 10-Hour Off-Duty | Must have minimum 10 consecutive hours off duty before driving | Insufficient rest |
Sleeper Berth Provision (49 CFR § 395.1(g)):
Drivers using sleeper berth may split 10-hour off-duty period:
- At least 7 consecutive hours in sleeper berth
- Plus at least 2 consecutive hours off-duty (in berth or otherwise)
- Neither period counts against 14-hour window
Electronic Logging Device (ELD) Mandate (49 CFR § 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:
- Automatically record driving time
- Synchronize with vehicle engine to record objective data
- Cannot be altered after the fact (unlike paper logs)
- Record GPS location, speed, engine hours
Why ELD data is critical evidence:
ELDs prove:
- Exactly how long the driver was on duty
- Whether breaks were taken as required
- Speed before and during the accident
- GPS location history
- Any HOS violations
WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.
Part 396: Inspection, Repair, and Maintenance
Purpose: Ensures CMVs are maintained in safe operating condition.
General Maintenance Requirement (§ 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
Driver Inspection Requirements:
Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.
Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare written report on vehicle condition covering at minimum:
- Service brakes
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
Annual Inspection (§ 396.17):
Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.
Maintenance Record Retention (§ 396.3):
Motor carriers must maintain records for each vehicle showing:
- Identification (make, serial number, year, tire size)
- Schedule for inspection, repair, and maintenance
- Record of repairs and maintenance
- Records must be retained for 1 year
The 48-Hour Evidence Preservation Protocol
In 18-wheeler accident cases, EVIDENCE DISAPPEARS FAST. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
At Attorney911, we’ve developed a 48-hour evidence preservation protocol that we activate the moment we’re retained. This protocol has saved countless cases and led to multi-million dollar recoveries.
Why 48 Hours Matters
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter
What Is A Spoliation Letter?
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
- The sooner sent, the more weight it carries
When We Send It:
IMMEDIATELY – within 24-48 hours of being retained. We don’t wait.
What the Spoliation Letter Demands
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Previous employer verification
- Medical certification and exam records
- Drug and alcohol test results (pre-employment and random)
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data Explained
What Is It?
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.
Types of Electronic Recording:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
Why This Data Wins Cases:
ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.
FMCSA Record Retention Requirements
Minimum Retention Periods:
| Record Type | Retention Period |
|---|---|
| Driver Qualification Files | 3 years after termination |
| Hours of Service Records | 6 months |
| Vehicle Inspection Reports | 1 year |
| Maintenance Records | 1 year |
| Accident Register | 3 years |
| Drug Test Records (positive) | 5 years |
| Drug Test Records (negative) | 1 year |
Why Our Spoliation Letter Extends These:
Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in:
- Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
- Sanctions and monetary penalties
- Default judgment in extreme cases
- Punitive damages for intentional destruction
All Parties We Hold Accountable
18-wheeler accidents are fundamentally different from car accidents because MULTIPLE PARTIES can be responsible for your injuries. Unlike a simple car crash where usually only one driver is at fault, trucking accidents often involve a web of companies and individuals who all contributed to the dangerous conditions that caused the crash.
At Attorney911, we investigate every possible source of liability to maximize your recovery. We don’t stop with the driver – we pursue every company and individual who played a role in causing your accident.
The Truck Driver
The driver who caused the accident may be personally liable for their negligent conduct.
Bases for Driver Liability:
- Speeding or reckless driving
- Distracted driving (cell phone, texting, dispatch communications)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
- Failure to yield, improper lane changes, running red lights
Evidence We Pursue:
- Driver’s driving record and history
- ELD data showing hours of service
- Drug and alcohol test results
- Cell phone records
- Previous accident history
- Training records
The Trucking Company / Motor Carrier
The trucking company is often the most important defendant because they have the deepest pockets (highest insurance) and the most responsibility for safety.
Bases for Trucking Company Liability:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not independent contractor)
- Acting within the scope of employment
- Performing job duties when accident occurred
Direct Negligence:
- Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
- Negligent Training: Inadequate training on safety, cargo securement, hours of service
- Negligent Supervision: Failed to monitor driver performance, ELD compliance
- Negligent Maintenance: Failed to maintain vehicle in safe condition
- Negligent Scheduling: Pressured drivers to violate HOS regulations
Evidence We Pursue:
- Driver Qualification File (or lack thereof)
- Hiring policies and background check procedures
- Training records and curricula
- Supervision and monitoring practices
- Dispatch records showing schedule pressure
- Safety culture documentation
- Previous accident/violation history
- CSA (Compliance, Safety, Accountability) scores
Insurance Implications:
Trucking companies carry MUCH higher insurance limits than individual drivers – often $750,000 to $5,000,000 or more – making them the primary recovery target.
Cargo Owner / Shipper
The company that owns the cargo and arranged for its shipment may be liable.
Bases for Shipper Liability:
- Provided improper loading instructions
- Failed to disclose hazardous nature of cargo
- Required overweight loading
- Pressured carrier to expedite beyond safe limits
- Misrepresented cargo weight or characteristics
Evidence We Pursue:
- Shipping contracts and bills of lading
- Loading instructions provided
- Hazmat disclosure documentation
- Weight certification records
Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for improper securement.
Bases for Loading Company Liability:
- Improper cargo securement (49 CFR 393 violations)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, tiedowns
- Not training loaders on securement requirements
Evidence We Pursue:
- Loading company securement procedures
- Loader training records
- Securement equipment used
- Weight distribution documentation
Truck and Trailer Manufacturer
The company that manufactured the truck, trailer, or major components may be liable for defects.
Bases for Manufacturer Liability:
- Design defects (brake systems, stability control, fuel tank placement)
- Manufacturing defects (faulty welds, component failures)
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
Evidence We Pursue:
- Recall notices and technical service bulletins
- Similar defect complaints (NHTSA database)
- Design specifications and testing records
- Component failure analysis
Parts Manufacturer
Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products.
Bases for Parts Liability:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
Evidence We Pursue:
- Failed component for expert analysis
- Recall history for specific parts
- Similar failure patterns
- Manufacturing and quality control records
Maintenance Company
Third-party maintenance companies that service trucking fleets may be liable for negligent repairs.
Bases for Maintenance Company Liability:
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or wrong parts
- Returning vehicles to service with known defects
Evidence We Pursue:
- Maintenance work orders
- Mechanic qualifications and training
- Parts used in repairs
- Inspection reports and recommendations
Freight Broker
Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection.
Bases for Broker Liability:
- Negligent selection of carrier with poor safety record
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
- Selecting cheapest carrier despite safety concerns
Evidence We Pursue:
- Broker-carrier agreements
- Carrier selection criteria
- Carrier safety record at time of selection
- Broker’s due diligence procedures
Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability.
Bases for Owner Liability:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
Evidence We Pursue:
- Lease agreements
- Maintenance responsibility allocations
- Owner’s knowledge of driver history
Government Entity
Federal, state, or local government may be liable in limited circumstances.
Bases for Government Liability:
- Dangerous road design that contributed to accident
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
Special Considerations:
- Sovereign immunity limits government liability
- Strict notice requirements and short deadlines
- Must prove actual notice of dangerous condition in many cases
Evidence We Pursue:
- Road design specifications
- Maintenance records
- Prior accident history at location
- Citizen complaints about condition
How We Determine All Liable Parties
Our Investigation Process:
-
Immediate Evidence Preservation
- Send spoliation letters within 24-48 hours
- Demand preservation of ECM, ELD, maintenance records
- Secure physical evidence before repair or disposal
-
FMCSA Records Review
- Obtain carrier’s complete safety record
- Review CSA scores and inspection history
- Identify pattern of violations
-
Driver Qualification File Subpoena
- Employment application and background check
- Driving record and previous employers
- Medical certification and drug test history
- Training documentation
-
Corporate Structure Analysis
- Identify all related companies
- Determine owner-operator vs. employee status
- Map insurance coverage for each entity
-
Accident Reconstruction
- Retain expert engineers
- Analyze ECM and ELD data
- Determine sequence of events and contributing factors
-
Defect Investigation
- Preserve failed components
- Research recall and complaint history
- Retain product liability experts if warranted
The Insurance Battle: What You’re Really Up Against
When you’re injured in an 18-wheeler accident in Bowie County, you’re not just fighting the trucking company – you’re fighting their entire insurance apparatus. Trucking companies have teams of lawyers, adjusters, and investigators working to minimize your claim from the moment the accident happens.
At Attorney911, we have a unique advantage: our team includes attorneys who previously worked in insurance defense. We know exactly how these companies operate because we used to work for them. Now we use that insider knowledge to fight for you.
FMCSA Minimum Insurance Requirements
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies.
Federal Minimum Liability Limits:
| Cargo Type | Minimum Coverage |
|---|---|
| Non-Hazardous Freight (10,001+ lbs GVWR) | $750,000 |
| Oil/Petroleum (10,001+ lbs GVWR) | $1,000,000 |
| Large Equipment (10,001+ lbs GVWR) | $1,000,000 |
| Hazardous Materials (All) | $5,000,000 |
| Passengers (16+ passengers) | $5,000,000 |
| Passengers (15 or fewer) | $1,500,000 |
Why This Matters For Your Bowie County Case:
Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available – and often much more. Many carriers carry $1-5 million in coverage.
This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills and lifelong disabilities.
Types of Damages Recoverable
Economic Damages (Calculable Losses):
| Category | What’s Included |
|---|---|
| Medical Expenses | Past, present, and future medical costs |
| Lost Wages | Income lost due to injury and recovery |
| Lost Earning Capacity | Reduction in future earning ability |
| Property Damage | Vehicle repair or replacement |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications |
| Life Care Costs | Ongoing care for catastrophic injuries |
Non-Economic Damages (Quality of Life):
| Category | What’s Included |
|---|---|
| Pain and Suffering | Physical pain from injuries |
| Mental Anguish | Psychological trauma, anxiety, depression |
| Loss of Enjoyment | Inability to participate in activities |
| Disfigurement | Scarring, visible injuries |
| Loss of Consortium | Impact on marriage/family relationships |
| Physical Impairment | Reduced physical capabilities |
Punitive Damages (Punishment for Gross Negligence):
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
Nuclear Verdicts: What Juries Are Awarding
The trucking industry is seeing unprecedented jury verdicts. These “nuclear verdicts” – awards exceeding $10 million – are becoming increasingly common as juries send a message that safety cannot be sacrificed for profit.
Recent Major Trucking Verdicts (2024-2025):
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $462 Million | 2024 | St. Louis, MO | Wabash National – two fatalities |
| $160 Million | 2024 | Alabama | Daimler – quadriplegic injury from rollover |
| $141.5 Million | 2024 | Florida | Defunct carrier crash |
| $90 Million | — | Houston, TX | Truck driver burned in explosion |
| $37.5 Million | 2024 | Texas | Trucking verdict |
| $35.5 Million | — | Texas | Family injured in truck accident |
| $35 Million | 2025 | Fort Worth, TX | Largest in Tarrant County |
Historic Landmark Verdicts:
| Amount | Year | Case Details |
|---|---|---|
| $1 Billion | 2021 | Florida – 18-year-old killed, negligent hiring. $100M compensatory + $900M punitive |
| $411 Million | 2020 | Florida – 45-vehicle pileup, motorcyclist severely injured |
Why Nuclear Verdicts Happen:
Juries award massive verdicts when they find:
- Trucking company knowingly hired dangerous drivers
- Company ignored safety violations for profit
- Evidence was destroyed (spoliation)
- Falsified hours-of-service logs
- Pattern of similar violations
- Corporate culture prioritizing profit over safety
- Egregious disregard for human life
What This Means For Your Bowie County Case:
These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages – which strengthens settlement negotiations for our clients.
Common Insurance Tactics & Our Counter-Strategies
Our firm includes Lupe Peña, a former insurance defense attorney who spent years INSIDE the system. He watched adjusters minimize claims. He saw how they train their people to lowball victims. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation.
Common Insurance Tactics & Attorney911’s Counter-Strategies:
| Insurance Company Tactic | Attorney911 Counter-Strategy |
|---|---|
| Quick Lowball Settlement Offers | NEVER accept early offers; calculate full future damages first |
| Denying or Minimizing Injuries | Obtain comprehensive medical documentation and expert testimony |
| Blaming the Victim (Comparative Fault) | Investigate fully; gather evidence disproving fault allegations |
| Delaying the Claims Process | File lawsuit to force discovery; set depositions |
| Using Recorded Statements Against Victims | Advise clients NEVER give statements without attorney present |
| “Pre-Existing Condition” Defense | Apply Texas “Eggshell Skull” doctrine (take plaintiff as found) |
| “Gap in Treatment” Attacks | Document all treatment; explain gaps with medical records |
| Sending Surveillance Investigators | Advise clients on appropriate conduct; expose unfair surveillance |
| Hiring “Independent” Medical Examiners | Counter with client’s treating physicians and independent experts |
| Drowning Plaintiff in Paperwork | Aggressive litigation and motion practice to force resolution |
What to Do After an 18-Wheeler Accident in Bowie County
Immediate Steps (First 24 Hours)
-
Call 911 and report the accident
- Request police and emergency medical services
- Even if injuries seem minor, get checked out
-
Seek medical attention
- Adrenaline masks pain – injuries may not be immediately apparent
- Bowie County hospitals can identify injuries that will become critical evidence
- Delaying treatment gives insurance companies ammunition to deny your claim
-
Document the scene
- Take photos of all vehicle damage
- Photograph the accident scene, road conditions, skid marks
- Take photos of your injuries
- Get the trucking company name, DOT number, and driver information
- Collect witness contact information
-
Do NOT give recorded statements
- Insurance adjusters work for the trucking company, not you
- Anything you say will be used to minimize your claim
- Our firm includes a former insurance defense attorney who knows their tactics
-
Call an 18-wheeler accident attorney immediately
- Evidence disappears quickly in trucking cases
- Black box data can be overwritten in 30 days
- We send preservation letters immediately to protect your evidence
Critical Evidence to Preserve
| Evidence Type | Why It Matters |
|---|---|
| ECM/Black Box Data | Proves speed, braking, hours of service violations |
| ELD Data | Documents driver fatigue and HOS compliance |
| Dashcam Footage | Shows what happened from truck’s perspective |
| Cell Phone Records | Proves distracted driving |
| Driver Qualification File | Shows hiring negligence, training gaps |
| Maintenance Records | Reveals deferred repairs, known defects |
| Dispatch Records | Proves schedule pressure to violate HOS |
| Drug/Alcohol Tests | Shows impairment at time of accident |
| Cargo Manifest | Proves improper loading or securement |
| Witness Statements | Corroborates your version of events |
What NOT to Do
❌ Do NOT give recorded statements to any insurance company
❌ Do NOT post about the accident on social media
❌ Do NOT accept any settlement offers without consulting an attorney
❌ Do NOT delay medical treatment
❌ Do NOT sign any documents from the trucking company or their insurer
❌ Do NOT assume the police report tells the whole story
Bowie County’s Trucking Accident Hotspots
I-30 Corridor
Why it’s dangerous:
- High volume of cross-country freight
- Sudden traffic slowdowns
- Fatigue from long hauls
- Weather-related hazards
- Construction zone congestion
Common accident types:
- Rear-end collisions
- Jackknife accidents
- Rollover accidents
- Fatigue-related crashes
US-59
Why it’s dangerous:
- Mix of local and regional truck traffic
- Congestion near Texarkana
- Rural stretches with limited services
- Agricultural truck traffic
- Sudden weather changes
Common accident types:
- Wide turn accidents
- Blind spot collisions
- Cargo spill accidents
- Head-on collisions
US-82
Why it’s dangerous:
- Rural highway with sudden elevation changes
- Agricultural truck traffic
- Limited emergency services
- Wildlife crossings
- Variable road conditions
Common accident types:
- Rollover accidents
- Tire blowout accidents
- Brake failure accidents
- Wildlife collisions
Texarkana Urban Area
Why it’s dangerous:
- Congestion and traffic signals
- Mix of local and through traffic
- Intersection hazards
- Pedestrian and cyclist traffic
- Construction zones
Common accident types:
- Wide turn accidents
- Intersection collisions
- Rear-end collisions
- Underride accidents
Industrial and Distribution Centers
Why they’re dangerous:
- Heavy truck traffic in confined areas
- Loading and unloading operations
- Pedestrian workers in close proximity to trucks
- Time pressure and tight schedules
- Fatigue from shift work
Common accident types:
- Backing accidents
- Cargo securement failures
- Pedestrian strikes
- Equipment malfunctions
Bowie County’s Trucking Industry: Who’s on Our Roads
Bowie County’s trucking industry serves both local needs and the broader regional economy. Understanding who operates on our roads helps us identify potential defendants and build stronger cases.
Major Trucking Companies Operating in Bowie County
While we can’t name specific companies without case context, Bowie County sees truck traffic from:
- National freight carriers moving goods across I-30
- Regional distributors serving Texarkana and surrounding areas
- Local delivery companies providing last-mile services
- Agricultural transporters moving Bowie County’s farm products
- Oil and gas industry vehicles serving regional energy needs
- Hazardous material carriers transporting chemicals and fuels
- Specialized haulers moving oversize or overweight loads
Common Cargo Types in Bowie County
- Agricultural products
- Manufactured goods
- Retail merchandise
- Construction materials
- Oil and gas equipment
- Hazardous materials
- Heavy machinery
- Consumer products
Unique Bowie County Trucking Challenges
Agricultural Shipments:
- Seasonal peaks during harvest
- Specialized loading requirements
- Rural road access issues
Industrial Traffic:
- Heavy equipment hauling
- Specialized cargo securement
- Route restrictions
Cross-Border Traffic:
- Arkansas-Texas coordination
- State line crossing procedures
- Different state regulations
Weather-Related Challenges:
- Seasonal variations
- Sudden storms
- Temperature extremes
Bowie County’s Legal Landscape for Trucking Accidents
Texas Statute of Limitations
- Personal Injury: 2 years from date of accident
- Wrongful Death: 2 years from date of death
- Property Damage: 2 years from date of accident
Why this matters: If you don’t file your lawsuit within 2 years, you lose your right to sue forever. However, you should never wait – evidence disappears quickly in trucking cases.
Comparative Negligence in Texas
Texas follows a “modified comparative negligence” system:
- You can recover damages if you’re 50% or less at fault
- Your recovery is reduced by your percentage of fault
- If you’re more than 50% at fault, you cannot recover anything
Example: If you’re found 20% at fault and your damages are $100,000, you would recover $80,000.
Damage Caps in Texas
Texas has complex damage caps that affect trucking accident cases:
Non-Economic Damages (Pain & Suffering):
- No cap for most personal injury cases
- $250,000 cap for medical malpractice cases (not applicable to trucking accidents)
Punitive Damages:
- Greater of (2x economic damages + non-economic damages capped at $750,000) OR $200,000
Why this matters: While Texas doesn’t cap most personal injury damages, punitive damages are limited. However, these caps are complex and don’t apply in all situations.
Bowie County Courts
Trucking accident cases in Bowie County may be filed in:
- Bowie County District Courts: For cases with significant damages
- Bowie County Justice Courts: For cases with damages under $20,000
- Federal Court (Eastern District of Texas): For cases involving interstate commerce or multiple states
Our attorneys are familiar with Bowie County’s court system and have experience litigating trucking cases in local courts.
Why Choose Attorney911 for Your Bowie County Trucking Accident Case
25+ Years of Experience Fighting Trucking Companies
Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. He’s taken on the largest trucking companies in America and won.
Federal Court Experience
We’re admitted to practice in the U.S. District Court for the Southern District of Texas – critical for interstate trucking cases that may be filed in federal court.
Former Insurance Defense Attorney on Staff
Our associate attorney Lupe Peña spent years working for a national insurance defense firm. He knows exactly how insurance companies evaluate, minimize, and deny claims. Now he uses that insider knowledge to fight for you.
Multi-Million Dollar Results
We’ve recovered millions for trucking accident victims across Texas. Our track record includes:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2+ Million – Maritime Back Injury Settlement
- $2.5M – Truck Crash Recovery
- Millions recovered for families in trucking-related wrongful death cases
Immediate Evidence Preservation
We don’t wait. When you call, we immediately:
- Send spoliation letters to preserve evidence
- Demand black box and ELD data
- Secure surveillance footage
- Preserve physical evidence
24/7 Availability for Bowie County Victims
Trucking accidents don’t happen on a 9-to-5 schedule. We answer calls 24 hours a day, 7 days a week. When you need us, we’re here.
Contingency Fee Representation
You pay nothing unless we win your case. No upfront costs, no hourly fees. We advance all costs of litigation and only get paid when we recover for you.
Local Knowledge of Bowie County
We understand Bowie County’s:
- Trucking corridors and accident hotspots
- Local courts and judges
- Weather patterns and road conditions
- Industrial and agricultural truck traffic
- Emergency response protocols
Comprehensive Investigation Team
Our team includes:
- Accident reconstruction experts
- FMCSA regulation specialists
- Medical experts
- Vocational rehabilitation specialists
- Economic damages experts
- Life care planners
Trial-Ready Representation
While most cases settle, we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys.
Compassionate Client Service
We understand what you’re going through. We treat every client like family, with:
- Regular case updates
- Direct attorney access
- Compassionate communication
- Personalized attention
Client Testimonials: Real Bowie County Families We’ve Helped
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
“I got a call to come pick up this handsome check.”
— Donald Wilcox, Attorney911 Client
“Ralph reached out personally.”
— Dame Haskett, Attorney911 Client
“I lost everything… my car was at a total loss, and because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return plus a brand new truck.”
— Kiimarii Yup, Attorney911 Client
Frequently Asked Questions About Bowie County Trucking Accidents
What should I do immediately after an 18-wheeler accident in Bowie County?
If you’ve been in a trucking accident in Bowie County, take these steps immediately if you’re able:
- Call 911 and report the accident
- Seek medical attention, even if injuries seem minor
- Document the scene with photos and video if possible
- Get the trucking company name, DOT number, and driver information
- Collect witness contact information
- Do NOT give recorded statements to any insurance company
- Call an 18-wheeler accident attorney immediately
Should I go to the hospital after a truck accident even if I feel okay?
YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Bowie County hospitals and trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene in Bowie County?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney in Bowie County?
IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters immediately to preserve this evidence before it’s lost forever.
What is a spoliation letter and why is it important?
A spoliation letter is a formal legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.
What is a truck’s “black box” and how does it help my case?
Commercial trucks have electronic systems (ECM/EDR) that record operational data similar to an airplane’s black box. This data can show:
- Speed before and during the crash
- Brake application timing
- Throttle position
- Following distance
- Hours of service compliance
- GPS location
This objective data often contradicts driver claims and proves negligence.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
- Improper lighting
Who can I sue after an 18-wheeler accident in Bowie County?
Multiple parties may be liable:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:
- Negligent hiring (hiring unqualified drivers)
- Negligent training (inadequate safety training)
- Negligent supervision (failing to monitor driver behavior)
- Negligent maintenance (poor vehicle upkeep)
What if the truck driver says the accident was my fault?
Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.
What is an owner-operator and does that affect my case?
An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.
How do I find out if the trucking company has a bad safety record?
FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:
- CSA (Compliance, Safety, Accountability) scores
- Inspection history and out-of-service rates
- Crash history
- Safety rating
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
What injuries are common in 18-wheeler accidents in Bowie County?
Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:
- Traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Multiple fractures
- Wrongful death
How much are 18-wheeler accident cases worth in Bowie County?
Case values depend on many factors:
- Severity of injuries
- Medical expenses (past and future)
- Lost income and earning capacity
- Pain and suffering
- Degree of defendant’s negligence
- Insurance coverage available
Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.
What if my loved one was killed in a trucking accident in Bowie County?
Bowie County allows wrongful death claims by surviving family members. You may recover:
- Lost future income
- Loss of companionship and guidance
- Mental anguish
- Funeral expenses
- Punitive damages if gross negligence
Time limits apply – contact us immediately to protect your rights.
How long do I have to file an 18-wheeler accident lawsuit in Bowie County?
The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
Do I need to pay anything upfront to hire your firm?
NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.
How much insurance do trucking companies carry?
Federal law requires minimum liability coverage:
- $750,000 for non-hazardous freight
- $1,000,000 for oil, large equipment
- $5,000,000 for hazardous materials
Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.
What if multiple insurance policies apply to my accident?
Trucking cases often involve multiple policies:
- Motor carrier’s liability policy
- Trailer interchange coverage
- Cargo insurance
- Owner-operator’s policy
- Excess/umbrella coverage
We identify all available coverage to maximize your recovery.
Will the trucking company’s insurance try to settle quickly?
Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.
What if I was partially at fault for the accident?
Texas follows a modified comparative negligence system. You can recover damages if you’re 50% or less at fault. Your recovery is reduced by your percentage of fault. If you’re more than 50% at fault, you cannot recover anything.
How do you prove the driver was fatigued?
We use multiple evidence sources:
- ELD data showing hours of service violations
- ECM data showing erratic driving patterns
- Dispatch records showing schedule pressure
- Driver logs (if paper logs were used)
- Witness testimony about driver behavior
- Expert testimony on fatigue effects
What is the FMCSA and how does it help my case?
The Federal Motor Carrier Safety Administration regulates the trucking industry. FMCSA regulations establish safety standards for drivers, vehicles, and operations. When trucking companies violate these regulations, it creates powerful evidence of negligence that we use to build strong cases.
Can I access the trucking company’s safety record?
Yes. FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s complete safety record, including:
- CSA scores
- Inspection history
- Out-of-service violations
- Crash history
- Safety rating
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
What if the truck’s dashcam recorded the accident?
Dashcam footage can be powerful evidence. We immediately demand preservation of all video evidence. Forward-facing cameras show what the driver saw, while some systems also record the cab interior, showing driver behavior and distraction.
How do you prove cargo securement violations?
We investigate:
- Cargo securement inspection photos
- Bill of lading and cargo manifest
- Loading company records
- Tiedown specifications and condition
- 49 CFR 393 compliance documentation
- Driver training on cargo securement
Cargo securement violations cause rollover and spill accidents.
What if a tire blowout caused my accident?
We investigate:
- Tire maintenance and inspection records
- Tire age and wear documentation
- Tire inflation records and pressure checks
- Vehicle weight records (weigh station)
- Tire manufacturer and purchase records
- Failed tire for defect analysis
Tire blowouts cause loss of control and debris accidents.
How do you prove brake failures?
We investigate:
- Brake inspection and maintenance records
- Out-of-service inspection history
- ECM data showing brake application and effectiveness
- Post-crash brake system analysis
- Driver vehicle inspection reports (DVIRs)
- Mechanic work orders and parts records
Brake failures cause rear-end collisions and runaway truck accidents.
What if the trucking company goes bankrupt?
Even if the trucking company goes bankrupt, their insurance company is still responsible for paying valid claims. Additionally, other parties may share liability:
- Cargo owner
- Loading company
- Maintenance provider
- Truck manufacturer
- Freight broker
We pursue all available sources of recovery.
Can I sue if I was a passenger in the truck?
Yes. If you were a passenger in the truck and injured due to the driver’s negligence, you can pursue a claim against:
- The truck driver
- The trucking company
- Other negligent parties
Passenger claims are treated similarly to other injury claims.
What if the truck was carrying hazardous materials?
Hazmat accidents create additional liability:
- $5 million minimum insurance requirement
- Specialized hazmat regulations
- Environmental cleanup costs
- Additional defendants (hazmat shipper, handler)
We have experience handling complex hazmat accident cases.
How are future medical expenses calculated?
We work with:
- Medical experts to project future treatment needs
- Life care planners to develop comprehensive care plans
- Economic experts to calculate present value of future expenses
Future medical expenses can include:
- Ongoing treatment
- Rehabilitation
- Home modifications
- Medical equipment
- Prescription medications
- Future surgeries
What is loss of consortium?
Loss of consortium is compensation for the impact of injuries on your marriage and family relationships. This can include:
- Loss of companionship
- Loss of affection
- Loss of sexual relations
- Loss of household services
- Impact on children
When are punitive damages available?
Punitive damages may be available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
Texas has complex caps on punitive damages.
How do you prove the trucking company had a culture of safety violations?
We investigate:
- Pattern of FMCSA violations
- Previous accident history
- Safety training records
- Management communications
- Dispatch records showing schedule pressure
- Driver turnover rates
- Whistleblower testimony
A pattern of safety violations can support punitive damages.
What if the trucking company destroys evidence?
Destroying evidence after receiving a spoliation letter is a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
How do you prove the trucking company pressured drivers to violate HOS?
We investigate:
- Dispatch records showing unrealistic schedules
- Driver communications about pressure
- ELD data showing HOS violations
- Company policies on delivery deadlines
- Driver turnover rates
- Whistleblower testimony
Schedule pressure is a common cause of fatigue-related accidents.
What if the truck driver was an independent contractor?
Even if the driver was an independent contractor, the trucking company may still be liable for:
- Negligent selection of contractor
- Failure to verify contractor’s insurance
- Failure to monitor contractor’s safety record
- Vicarious liability in some cases
We investigate all relationships to identify all liable parties.
How do you prove the trucking company knew the driver was dangerous?
We investigate:
- Driver’s previous accident history
- Previous employer references
- Pattern of violations
- Disciplinary records
- Drug and alcohol test history
- Medical certification issues
Negligent hiring cases require proving the company knew or should have known about the driver’s dangerous record.
What if the trucking company claims the driver wasn’t their employee?
We investigate:
- Employment contracts
- Tax records
- Control over driver’s schedule
- Company policies applied to driver
- Lease agreements (for owner-operators)
The legal test focuses on the degree of control the company exercised over the driver.
How do you prove the trucking company failed to maintain the vehicle?
We investigate:
- Maintenance records
- Inspection reports
- Out-of-service violations
- Driver vehicle inspection reports (DVIRs)
- Mechanic work orders
- Parts purchase records
Systematic maintenance failures prove negligence.
What if the trucking company claims the accident was unavoidable?
We investigate:
- ECM data showing driver actions
- ELD data showing speed and following distance
- Road conditions and visibility
- Driver training records
- Company safety policies
Most accidents are preventable with proper training and safety protocols.
How do you prove the trucking company failed to train the driver?
We investigate:
- Training curricula
- Training records
- Driver qualification file
- Safety meeting records
- Company safety policies
- Industry standards
Inadequate training is a common cause of preventable accidents.
What if the trucking company claims I had a pre-existing condition?
Texas follows the “eggshell skull” doctrine – defendants take plaintiffs as they find them. If the accident aggravated a pre-existing condition, you’re entitled to compensation for the aggravation. We work with medical experts to document the difference between pre-existing and accident-related injuries.
How do you prove the trucking company falsified logs?
We investigate:
- ELD data vs. paper logs
- ECM data showing driving patterns
- Dispatch records
- Fuel receipts
- GPS tracking data
- Previous violations
Falsified logs are a common tactic to hide HOS violations.
What if the trucking company claims the accident was caused by weather?
We investigate:
- Weather reports at time of accident
- Road condition reports
- Driver training on weather conditions
- Company policies on weather-related delays
- ECM data showing speed for conditions
Trucking companies must adjust operations for weather conditions.
How do you prove the trucking company failed to supervise the driver?
We investigate:
- Driver monitoring records
- Safety meeting attendance
- Violation history
- Accident history
- Performance reviews
- Company safety policies
Failure to monitor driver behavior creates liability.
What if the trucking company claims the accident was caused by a mechanical defect?
We investigate:
- Maintenance records
- Recall notices
- Similar defect complaints
- Manufacturer records
- Expert analysis of failed component
If a mechanical defect caused the accident, multiple parties may be liable.
How do you prove the trucking company had a pattern of safety violations?
We investigate:
- FMCSA safety records
- Previous accident history
- Out-of-service violations
- Pattern of similar violations
- Whistleblower testimony
- Company safety culture
A pattern of violations supports punitive damages.
What if the trucking company claims I was distracted?
We investigate:
- Cell phone records
- Witness testimony
- ECM data showing vehicle operation
- Dashcam footage
- Your account of events
Distraction is often alleged but rarely proven.
How do you prove the trucking company failed to inspect the vehicle?
We investigate:
- Driver vehicle inspection reports (DVIRs)
- Maintenance records
- Annual inspection records
- Out-of-service violations
- Company safety policies
Failure to inspect vehicles creates liability.
What if the trucking company claims the accident was caused by another driver?
We investigate:
- Police report
- Witness statements
- ECM data showing all vehicles’ actions
- Dashcam footage
- Traffic camera footage
Multi-vehicle accidents require thorough reconstruction.
How do you prove the trucking company failed to secure cargo?
We investigate:
- Cargo securement inspection photos
- Bill of lading
- Loading company records
- Tiedown specifications
- 49 CFR 393 compliance
Cargo securement failures cause rollover and spill accidents.
What if the trucking company claims the driver had a medical emergency?
We investigate:
- Driver’s medical records
- Medical certification history
- Drug test results
- Previous medical incidents
- Company knowledge of medical issues
Medical emergencies may not absolve the company of liability.
How do you prove the trucking company failed to respond to previous violations?
We investigate:
- Previous violation history
- Corrective action records
- Safety meeting minutes
- Management communications
- Pattern of similar incidents
Failure to correct known safety issues creates liability.
What if the trucking company claims I was speeding?
We investigate:
- ECM data showing your speed
- Witness testimony
- Police report
- Road conditions
- Speed limit documentation
Speeding allegations must be proven with evidence.
How do you prove the trucking company failed to monitor driver fatigue?
We investigate:
- ELD data showing HOS violations
- Dispatch records
- Driver logs
- Company fatigue management policies
- Previous fatigue-related incidents
Fatigue monitoring failures create liability.
What if the trucking company claims the accident was caused by road conditions?
We investigate:
- Road design and maintenance records
- Previous accident history at location
- Government maintenance records
- Weather conditions
- Road condition reports
Dangerous road conditions may create government liability.
How do you prove the trucking company failed to enforce its own safety policies?
We investigate:
- Company safety policies
- Safety meeting records
- Violation history
- Disciplinary records
- Management communications
Failure to enforce safety policies creates liability.
What if the trucking company claims I was in their blind spot?
We investigate:
- Mirror adjustment records
- Driver training on blind spots
- ECM data showing lane changes
- Dashcam footage
- Witness testimony
Blind spot accidents are often caused by driver negligence.
How do you prove the trucking company failed to train drivers on blind spots?
We investigate:
- Training curricula
- Training records
- Driver qualification file
- Company safety policies
- Industry standards
Blind spot training is required by FMCSA regulations.
What if the trucking company claims I was following too closely?
We investigate:
- ECM data showing following distance
- Witness testimony
- Police report
- Road conditions
- Traffic patterns
Following distance allegations must be proven with evidence.
How do you prove the trucking company failed to train drivers on following distance?
We investigate:
- Training curricula
- Training records
- Driver qualification file
- Company safety policies
- Industry standards
Following distance training is required by FMCSA regulations.
Your Fight Starts Now
If you or a loved one has been injured in an 18-wheeler accident in Bowie County, you don’t have to fight this battle alone. The trucking company already has lawyers working to protect their interests. You deserve the same level of representation.
At Attorney911, we’ve been fighting for trucking accident victims for over 25 years. We know how to:
- Preserve critical evidence before it disappears
- Identify all liable parties to maximize your recovery
- Prove FMCSA violations that establish negligence
- Counter insurance company tactics
- Build cases that secure maximum compensation
Call us now at 1-888-ATTY-911 for a free consultation. We’ll evaluate your case, explain your rights, and start building your claim immediately. Remember, evidence disappears fast – the sooner you call, the stronger your case will be.
Don’t let the trucking company get away with it. Call Attorney911 today.