Fatal 18-Wheeler and Tractor-Trailer Crashes in Burnet County, Texas: What Families Need to Know

The Reality of Big-Rig Crashes on Burnet County’s Highways

You’re reading this because someone you love didn’t come home from a road most people in Burnet County drive every day without thinking about it. Maybe it was US Highway 281 near Marble Falls, where the morning commute meets long-haul freight heading north from San Antonio. Maybe it was State Highway 71 through Llano, where oilfield service trucks share the two-lane road with vacation traffic. Maybe it was Ranch Road 963, where a fully loaded tanker lost control on a curve that locals know but out-of-town drivers don’t. Wherever it happened, an eighty-thousand-pound tractor-trailer changed everything for your family on a corridor that carries the freight Burnet County depends on.

Texas Civil Practice and Remedies Code § 16.003 started a clock the day of the crash. Not the day of the funeral. Not the day the autopsy report came back. Not the day you finally felt ready to think about a lawyer. The day the crash happened. Two years from that date, the case dies procedurally. The carrier’s insurer knows the statute better than most surviving families do, and the strategy is built on counting on grief to run the clock.

We’ve handled hundreds of 18-wheeler cases across Texas since 1998. We know what comes next.

What Texas Law Gives Surviving Families After a Fatal Truck Crash

Under Texas law, the death of your loved one isn’t just one claim. It’s a coordinated set of statutory rights distributed among the people Texas recognizes as survivors.

• Wrongful Death Claim (Texas Civil Practice & Remedies Code § 71.001 et seq.) – This claim belongs to the surviving spouse, children, and parents of the decedent. Each holds an independent right to compensation for the loss of love, companionship, society, and support. The jury evaluates what the decedent would have contributed emotionally and financially over the rest of their life.
• Survival Action (§ 71.021) – This claim belongs to the decedent’s estate and covers the conscious pain, suffering, and mental anguish the decedent endured between the moment of injury and death. If your loved one was trapped in the vehicle, if they spoke to first responders, if they were conscious during transport—every moment of suffering is compensable under Texas law.
• Pecuniary Loss (§ 71.004) – This covers the financial support the decedent would have provided. For a parent who supported children, for a spouse who contributed to household income, for a child who cared for elderly parents—the economic value of that support is calculated by economists and life-care planners.
• Loss of Inheritance – If the decedent would have accumulated wealth and left it to heirs, those heirs can claim the present value of what they would have inherited.
• Exemplary Damages (Chapter 41) – Where the carrier’s conduct rises to gross negligence—falsified logs, ignored prior violations, knowingly dispatching an unqualified driver—the jury can award punitive damages to punish the corporation and deter future misconduct.

The Pattern Jury Charge (PJC) that a Burnet County jury will answer breaks these categories into specific questions. PJC 27.1 on general negligence, PJC 27.2 on negligence per se when federal regulations are violated, PJC 5.1 on gross negligence for exemplary damages—every question is a fight. We build the case for those questions from the first investigator we send to the scene.

The Federal Regulations the Carrier Was Supposed to Follow

A commercial driver operating in Texas answers to two legal systems: Texas common law and the Federal Motor Carrier Safety Regulations (FMCSR) under 49 C.F.R. Parts 390 through 399. When the driver or carrier violates these regulations, Texas law treats the violation as negligence per se—automatic proof of fault if the violation caused the crash.

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

The carrier can’t dispatch a driver for more than 11 hours of driving after 10 consecutive hours off duty, with a 14-hour duty window and a 60-hour cap over 7 days. The Electronic Logging Device (ELD) mandate since 2017 records every minute the truck moves. When the ELD log shows the driver in “on-duty not driving” status but the dashcam shows the truck at highway speed, we have a falsified log. That’s not ordinary negligence—it’s the gross-negligence predicate under Chapter 41.

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

Before hiring, the carrier must verify:

• A valid commercial driver’s license (CDL)
• A medical examiner’s certificate from a DOT-approved provider
• A road test or equivalent certification
• A clean Pre-Employment Screening Program (PSP) report from the FMCSA
• Prior employer reference checks for the past 3 years
• A drug and alcohol test under 49 C.F.R. Part 382

If the carrier hired a driver with a suspended CDL, a failed road test, or a history of hours-of-service violations at a prior carrier, that’s negligent hiring. If the carrier kept dispatching a driver after documented preventability determinations, that’s negligent retention.

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

The carrier must inspect, repair, and maintain every vehicle. Brake systems, tires, lighting, coupling devices, steering mechanisms—every component must meet Federal Motor Vehicle Safety Standards (FMVSS). The carrier must keep records of every inspection, repair, and maintenance event. If the post-crash inspection reveals a failed brake chamber, a bald tire, or a missing reflective tape, the maintenance file becomes the documentary spine of the case.

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

Improperly secured cargo shifts in transit, causing rollovers, lost loads, and catastrophic crashes. The regulations specify the number and strength of tie-downs required for every type of cargo—steel coils, lumber, pipe, machinery, liquid tanks. If the cargo shifted because the carrier used one tie-down instead of four, or a strap instead of a chain, that’s a violation supporting negligence per se.

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

After a crash causing a fatality or disabling injury, the carrier must conduct a post-accident drug and alcohol screen under § 382.303. If the screen returns positive, the gross-negligence predicate under Chapter 41 opens exemplary damages. The FMCSA Drug and Alcohol Clearinghouse tracks every violation. We pull the query history to see if the carrier ignored prior positive screens when hiring or dispatching the driver.

The Investigation We Begin Within 48 Hours

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

• The truck’s Electronic Control Module (ECM)
• The Electronic Logging Device (ELD) under Part 395
• The dashcam footage (driver-facing and forward-facing)
• The dispatch communications and routing records
• The Qualcomm or PeopleNet telematics feed
• The maintenance records under Part 396
• The driver qualification file under Part 391
• The prior preventability determinations
• The post-accident drug and alcohol screen under Part 382
• Any Form MCS-90 endorsement on the policy

We put the carrier on notice that spoliation—the intentional or negligent destruction of evidence—will be argued, and an adverse inference charge will be sought if any of that disappears.

At the same time, we pull:

• The carrier’s Safety Measurement System (SMS) profile by USDOT number
• The driver’s Pre-Employment Screening Program (PSP) record
• The carrier’s FMCSA SAFER profile
• The carrier’s Compliance, Safety, Accountability (CSA) scores across the seven BASIC categories

The pattern is usually visible before the deposition.

Accident Reconstruction

We deploy an accident reconstruction expert to the scene. The expert measures skid marks, vehicle rest positions, roadway geometry, and physical evidence. The expert downloads the ECM and ELD data to cross-reference against the physical evidence. The expert creates a 3D simulation of the crash sequence.

For a rear-end collision on US 281, the reconstruction might show:

• The truck was traveling 65 mph in a 60 mph zone
• The driver applied brakes 1.8 seconds before impact
• The truck required 412 feet to stop—far beyond the 250 feet the driver had
• The ELD log showed the driver had been on duty for 13 hours, exceeding the 11-hour limit

That reconstruction becomes the foundation of the negligence per se claim.

Medical and Life-Care Planning

For catastrophic injuries, we retain:

• A board-certified trauma surgeon to evaluate the medical records
• A neuropsychologist to assess cognitive deficits from traumatic brain injury
• A life-care planner to project lifetime medical and attendant care needs
• An economist to calculate the present value of those needs

For a spinal cord injury at the T12 level, the life-care plan might include:

• Wheelchair and mobility equipment: $50,000 initial, $15,000 every 5 years
• Home modifications: $120,000
• Attendant care: $80,000 per year
• Physical therapy: $20,000 per year
• Medications: $15,000 per year
• Future surgeries: $500,000

The economist then calculates the present value of that plan over the survivor’s life expectancy.

The Defendants Beyond the Driver

Most personal injury firms stop at the driver. We don’t. Every actor whose conduct contributed to the crash is named.

The Motor Carrier

The carrier is liable under respondeat superior for the driver’s negligence within the course and scope of employment. But the carrier is also directly liable for:

• Negligent Hiring – Failing to verify the driver’s qualifications under Part 391
• Negligent Training – Failing to provide FMCSR-compliant training under Part 380
• Negligent Supervision – Failing to monitor the driver’s compliance with hours-of-service and safety regulations
• Negligent Maintenance – Failing to inspect, repair, and maintain the vehicle under Part 396
• Negligent Dispatch – Pressuring the driver to meet unrealistic delivery schedules

The Freight Broker

Under Miller v. C.H. Robinson (9th Cir. 2020) and its Texas progeny, a broker can be liable for negligent selection of a motor carrier. If the broker dispatched the load to a carrier with a documented safety record—low CSA scores, prior out-of-service orders, repeated hours-of-service violations—the broker shares liability.

The Shipper

If the shipper directed unsafe loading, specified an unrealistic delivery schedule, or failed to disclose hazardous cargo, the shipper is liable under Texas common law and 49 C.F.R. Part 177.

The Maintenance Contractor

If the carrier outsourced maintenance to a third party, and that contractor failed to perform required inspections or repairs, the contractor is liable.

The Parts Manufacturer

If a defective component—brake chamber, tire, coupling device—failed and caused the crash, the manufacturer is liable under product liability law.

The Road Designer (Texas Department of Transportation)

If a roadway defect—a missing guardrail, a shoulder drop-off, inadequate signage—contributed to the crash, TxDOT is liable under the Texas Tort Claims Act (Chapter 101). The six-month notice requirement under § 101.101 applies.

The Parent Corporation

If the carrier is a subsidiary of a larger corporation, we pursue the parent under alter-ego or single-business-enterprise theory.

The Damages Categories a Burnet County Jury Will Evaluate

Texas Pattern Jury Charge 27.1 submits general negligence. PJC 27.2 submits negligence per se when federal regulations are violated. The damages categories are broken out separately:

• Past Medical Care – Every ambulance bill, ER visit, hospital stay, surgery, medication, and rehabilitation service from the date of the crash to the date of trial.
• Future Medical Care – The lifetime cost of follow-up care, attendant care, mobility equipment, medications, and surgical revisions. Calculated by a life-care planner and an economist.
• Past Lost Earnings – The income the decedent or survivor would have earned from the date of the crash to the date of trial.
• Future Lost Earning Capacity – The income the decedent or survivor would have earned over the rest of their working life. For a 30-year-old with a college degree, this can exceed $2 million.
• Past Physical Pain – The pain the survivor endured from the date of the crash to the date of trial.
• Future Physical Pain – The pain the survivor will endure for the rest of their life.
• Past Mental Anguish – The emotional suffering the survivor endured from the date of the crash to the date of trial.
• Future Mental Anguish – The emotional suffering the survivor will endure for the rest of their life.
• Physical Impairment – The loss of enjoyment of life, the inability to engage in hobbies or activities, the loss of independence.
• Disfigurement – Scarring, amputation, burns, and other permanent visible injuries.
• Loss of Consortium – For the spouse, the loss of love, companionship, society, and support.
• Loss of Companionship and Society – For parents and children, the loss of the relationship.
• Exemplary Damages – Where the carrier’s conduct rises to gross negligence under Chapter 41, the jury can award punitive damages to punish the corporation.

For a wrongful death case, the damages are distributed among the statutory claimants under § 71.004. The surviving spouse, children, and parents each hold an independent claim. The estate holds the survival action.

The Carrier’s Defense Playbook—and Our Answer

The carrier’s defense lawyer has a script. We’ve read it before we walk into the courtroom.

“The Driver Did Nothing Wrong”

The defense will argue the driver was professional, the crash was unavoidable, and the loss was somehow shared with the person who is no longer here to answer.

Our answer: The hours-of-service log shows what the ELD recorded, not what the driver actually did. The ELD audit, cross-referenced against the dispatch records and the fuel receipts, shows the truck moved during a period when the log claimed off-duty status. That’s a federally regulated falsification under 49 C.F.R. § 395.8(e). The maintenance file shows the brake inspection was signed off but not actually performed. The dashcam shows the driver was distracted by a handheld phone. The carrier’s own preventability determinations show this driver had four prior rear-end collisions in the last 24 months.

“You Were Partially at Fault”

Texas follows modified comparative negligence under Chapter 33. If the jury finds you 50% or less at fault, you recover. If 51% or more, you recover nothing. The defense will argue you were speeding, you changed lanes, you weren’t wearing a seatbelt.

Our answer: The carrier’s duty of care is raised above ordinary motorists by the FMCSR. The driver had a CDL, a federal medical certificate, and a duty to account for blind spots, maintain safe following distance, and drive defensively. The physical evidence—skid marks, vehicle rest positions, ECM data—shows the truck was traveling too fast for conditions. The seatbelt defense doesn’t apply to wrongful death claims under Texas law.

“Your Injuries Aren’t Serious”

The defense will argue the medical bills are inflated, the treatment was unnecessary, and the injuries aren’t as bad as you claim.

Our answer: The treating physicians—board-certified trauma surgeons, neurologists, orthopedic specialists—documented the injuries. The life-care planner and economist calculated the lifetime cost of care. The jury hears from the survivor about the daily reality of living with the injury. Lupe Peña worked for years on the defense side. He knows which “independent” medical examiners the carriers hire to minimize claims. We counter with the survivor’s treating physicians and independent experts the carrier can’t impeach.

“The Evidence Disappeared”

The defense will claim the ELD data was overwritten, the dashcam footage was lost, the maintenance records were misplaced.

Our answer: We sent the preservation letter within 24 hours. We subpoenaed the raw electronic data. We cross-referenced the ELD log against the Qualcomm telematics, the fuel receipts, and the toll records. The carrier’s claim that the evidence “disappeared” is an admission of spoliation. We argue for an adverse inference charge under Texas common law.

The Two-Year Clock Under Section 16.003

Texas Civil Practice & Remedies Code § 16.003 imposes a two-year statute of limitations on personal injury and wrongful death actions. The clock starts the day of the crash—not the day of the funeral, not the day the autopsy report is released, not the day you feel ready to think about a lawyer.

For a fatal crash on June 15, 2024, the clock runs until June 15, 2026. After that date, the case dies procedurally. 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. We file the lawsuit early to force discovery and preserve every legal option.

How Attorney 911 Approaches Your Burnet County Case

We’ve represented trucking accident victims since 1998. Ralph Manginello has been licensed in Texas since 1998 and admitted to the U.S. District Court, Southern District of Texas. Lupe Peña worked for years on the defense side, learning how insurance companies value claims. Now we use that knowledge for you.

What We Do in the First 48 Hours

• Send the preservation letter to the carrier, broker, shipper, and telematics provider
• Pull the carrier’s SMS profile and the driver’s PSP record
• Deploy an accident reconstruction expert to the scene
• Photograph the vehicles before they’re repaired or scrapped
• Identify every potentially liable party

What We Do in the First 30 Days

• Subpoena the ELD and ECM data
• Request the driver’s paper logs (backup documentation)
• Obtain the complete Driver Qualification File
• Request all maintenance and inspection records
• Pull the carrier’s CSA scores and inspection history
• Order the driver’s complete Motor Vehicle Record
• Subpoena the driver’s cell phone records
• Obtain dispatch records and delivery schedules
• Pull surveillance footage from businesses near the scene

What We Do for Trial

• File the lawsuit in the county venue that maximizes your recovery
• Pursue full discovery against every liable party
• Depose the driver, dispatcher, safety manager, and maintenance personnel
• Build the case for trial while negotiating from a position of strength
• Prepare every case as if going to trial—because that creates negotiating strength

What We’ve Achieved for Other Texas Families

“Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
“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.”
“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.”
“Our firm is one of the few firms in Texas to be involved in BP explosion litigation.”

Every case is unique. Past results do not guarantee future outcomes.

What Our Clients 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.”

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.”

What This Means for Your Family

The carrier that killed your loved one has lawyers who have been working since the night of the crash. The adjuster who called you is trained to minimize your claim. The evidence is disappearing every day.

We don’t wait. We act.

Call 1-888-ATTY-911 now for a free consultation. We’ll evaluate your case, explain your rights, and start building the evidence chain before it’s too late.

You may still be responsible for court costs and case expenses.