18-Wheeler Accident Attorneys in Burton, Texas | Attorney911
When an 18-Wheeler Changes Your Life in an Instant
Every year, thousands of families in Washington County experience life-altering injuries from 18-wheeler accidents on Burton’s highways. If you or a loved one has been seriously injured in a trucking accident in Burton, Texas, you need attorneys who understand the unique challenges of commercial vehicle litigation and how to hold negligent trucking companies fully accountable.
At Attorney911, we’ve been fighting for truck accident victims across Texas for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by catastrophic 18-wheeler crashes. When you call us, you’re not just getting Burton trucking accident lawyers – you’re getting a team that includes a former insurance defense attorney who knows exactly how trucking companies try to minimize your claim.
Call now for a free case evaluation: 1-888-ATTY-911
Why Burton Trucking Accidents Are Different
Burton sits at the crossroads of major Texas trucking corridors, with commercial vehicles traveling through our community every day. The trucking routes serving Burton create unique risks for local drivers:
- Highway 290 – Heavy freight traffic connecting Houston to Austin
- Highway 36 – Major route for agricultural and industrial shipments
- FM 390 and FM 1697 – Local roads handling increased truck traffic
- Distribution centers – Numerous facilities in Washington County generate daily truck movements
- Agricultural trucking – Seasonal harvests create peak trucking periods
These Burton-area trucking corridors present special challenges:
- Narrow rural roads not designed for large trucks
- Limited truck parking causing drivers to park in unsafe locations
- Agricultural equipment sharing roads with commercial trucks
- Seasonal traffic patterns from harvest seasons
- Weight station compliance issues that may indicate safety violations
When 80,000 pounds of steel collides with your family car, the results are often catastrophic. Burton’s location along major freight routes means our community faces higher risks than many other Texas towns.
The Devastating Injuries We See in Burton Trucking Accidents
Due to the massive size and weight disparity, 18-wheeler accidents in Burton frequently cause catastrophic injuries:
Traumatic Brain Injury (TBI)
- Concussions and severe head trauma from impact
- Cognitive impairment, memory loss, and personality changes
- Permanent disability requiring lifelong care
- Symptoms may not appear immediately after the accident
Spinal Cord Injuries and Paralysis
- Quadriplegia (loss of function in all four limbs)
- Paraplegia (loss of function below the waist)
- Permanent disability and loss of independence
- Lifetime medical costs exceeding $5 million
Amputations
- Traumatic limb loss at the accident scene
- Surgical amputations due to severe crush injuries
- Prosthetic limbs costing $50,000-$100,000 each
- Permanent disability and career limitations
Severe Burns
- Fuel tank ruptures causing fires and explosions
- Chemical burns from hazmat cargo spills
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
Internal Organ Damage
- Ruptured spleen, liver lacerations
- Internal bleeding requiring emergency surgery
- Organ removal and permanent health impacts
- Long-term medical monitoring
Wrongful Death
- Tragic loss of life from catastrophic collisions
- Funeral expenses and loss of future income
- Mental anguish for surviving family members
- Loss of companionship and guidance
If you’ve suffered any of these injuries in a Burton 18-wheeler accident, call Attorney911 immediately at 1-888-ATTY-911 for a free case evaluation.
Why Trucking Companies Are So Dangerous
Trucking companies often prioritize profits over safety, creating dangerous conditions on Burton’s roads:
Driver Fatigue – The Silent Killer
- Federal hours-of-service regulations limit driving to 11 hours after 10 hours off duty
- Many drivers violate these rules due to pressure from dispatchers
- Fatigued driving causes 31% of fatal truck crashes
- ELD (Electronic Logging Device) data proves HOS violations
Distracted Driving
- Cell phone use while driving is prohibited under 49 CFR § 392.82
- Dispatch communications and GPS devices create distractions
- Texting while driving increases crash risk by 23 times
- Cell phone records prove distracted driving
Improper Maintenance
- Brake failures cause 29% of truck accidents
- Worn tires lead to blowouts and loss of control
- Inadequate lighting makes trucks less visible at night
- Maintenance records prove negligent upkeep
Overloaded and Improperly Secured Cargo
- Shifting loads cause rollover accidents
- Falling cargo creates road hazards for other vehicles
- Overweight trucks have longer stopping distances
- Cargo securement records reveal violations
Negligent Hiring and Training
- Companies hire drivers with poor safety records
- Inadequate training on safety procedures
- Failure to conduct proper background checks
- Driver qualification files reveal hiring negligence
Our team includes a former insurance defense attorney who knows exactly how these companies try to avoid responsibility. We use that insider knowledge to build stronger cases for our Burton clients.
The 10 Most Common Types of 18-Wheeler Accidents in Burton
1. Jackknife Accidents
- Trailer swings out perpendicular to the cab
- Often caused by sudden braking or slippery roads
- Blocks multiple lanes, causing secondary collisions
- Common on Highway 290’s curves and hills
2. Rollover Accidents
- Truck tips onto its side or roof
- Caused by speeding on curves, uneven loads, or driver error
- Often results in cargo spills and multi-vehicle crashes
- Particularly dangerous on FM 390’s rural curves
3. Underride Collisions
- Passenger vehicle slides under trailer
- Trailer shears off the car’s roof at windshield level
- Often fatal due to catastrophic head and neck injuries
- Rear underride guards are federally required
- Side underride protection is not federally mandated
4. Rear-End Collisions
- Trucks need 525 feet to stop at 65 mph (nearly two football fields)
- Following too closely causes devastating crashes
- Brake failures from poor maintenance increase risk
- Common at intersections in Burton and on Highway 36
5. Wide Turn Accidents (“Squeeze Play”)
- Trucks swing wide before making right turns
- Creates gap that other vehicles enter
- Truck completes turn, crushing the smaller vehicle
- Common in Burton’s downtown area and at rural intersections
6. Blind Spot Accidents (“No-Zone”)
- Trucks have four major blind spots:
- Front No-Zone: 20 feet directly in front
- Rear No-Zone: 30 feet behind
- Left Side No-Zone: Extends backward from cab
- Right Side No-Zone: Largest blind spot (most dangerous)
- Lane changes without proper mirror checks cause crashes
- Particularly hazardous on multi-lane highways near Burton
7. Tire Blowout Accidents
- Underinflated, overloaded, or worn tires fail suddenly
- Steer tire blowouts cause immediate loss of control
- Debris from blowouts can strike other vehicles
- Common on Burton’s rural roads with sharp debris
8. Brake Failure Accidents
- Poor maintenance leads to brake system failures
- Overheated brakes on long descents (brake fade)
- Improper brake adjustments reduce stopping power
- Maintenance records prove negligent upkeep
9. Cargo Spill/Shift Accidents
- Improperly secured loads fall from trucks
- Shifting cargo destabilizes the vehicle
- Hazmat spills create additional dangers
- Securement violations prove negligence
10. Head-On Collisions
- Truck crosses center line into oncoming traffic
- Often caused by driver fatigue or distraction
- Almost always fatal for passenger vehicle occupants
- Common on two-lane rural roads near Burton
If you’ve been involved in any of these accident types in Burton, call Attorney911 immediately at 1-888-ATTY-911. Evidence disappears quickly in trucking cases.
The 10 Parties That Could Be Liable for Your Burton Trucking Accident
Unlike car accidents where usually only one driver is at fault, trucking accidents often involve multiple liable parties:
1. The Truck Driver
- Speeding or reckless driving
- Distracted driving (cell phone use, texting)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
2. The Trucking Company / Motor Carrier
- Vicarious Liability: Responsible for driver’s negligence
- Negligent Hiring: Hired unqualified or dangerous drivers
- Negligent Training: Inadequate safety training
- Negligent Supervision: Failed to monitor driver performance
- Negligent Maintenance: Poor vehicle upkeep
- Negligent Scheduling: Pressured drivers to violate HOS rules
3. The Cargo Owner / Shipper
- Provided improper loading instructions
- Failed to disclose hazardous nature of cargo
- Required overweight loading
- Pressured carrier to expedite beyond safe limits
4. The Cargo Loading Company
- Improper cargo securement (49 CFR 393 violations)
- Unbalanced load distribution
- Exceeded vehicle weight ratings
- Failed to use proper blocking, bracing, or tiedowns
5. The Truck and Trailer Manufacturer
- Design defects in vehicle systems
- Manufacturing defects in components
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
6. The Parts Manufacturer
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
7. The Maintenance Company
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Use of substandard or wrong parts
8. The Freight Broker
- 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
9. The Truck Owner (If Different from Carrier)
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
10. Government Entities
- Dangerous road design that contributed to accident
- Failure to maintain roads (potholes, debris)
- Inadequate signage for known hazards
- Improper work zone setup
At Attorney911, we investigate every possible defendant to maximize your recovery. Call 1-888-ATTY-911 for a free case evaluation.
The 48-Hour Evidence Preservation Protocol
EVIDENCE DISAPPEARS FAST IN TRUCKING CASES.
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.
Critical Timelines:
| 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 |
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
- 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
Our Burton trucking accident attorneys send spoliation letters immediately to preserve this critical evidence before it’s lost forever. Call 1-888-ATTY-911 now to protect your case.
The Truck’s “Black Box” – Your Case’s Most Important Evidence
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.
Types of Electronic Recording Systems:
| 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 That Prove Negligence:
- 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.
WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS CRITICAL EVIDENCE.
FMCSA Regulations – The Legal Framework That Proves Negligence
The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations create legal standards that trucking companies must follow.
The 6 Critical Parts of FMCSA Regulations:
| Part | Title | Key Requirements |
|---|---|---|
| Part 390 | General Applicability | Defines who regulations apply to (all CMVs over 10,001 lbs) |
| Part 391 | Driver Qualification | Minimum age, medical certification, background checks |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol, mobile phone use |
| Part 393 | Vehicle Safety | Equipment standards, cargo securement, brakes, lights |
| Part 395 | Hours of Service | Driving time limits, required rest periods |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspection requirements |
The Most Commonly Violated Regulations in Burton Trucking Accidents:
- Hours of Service Violations – Driving beyond 11-hour limit, no breaks
- False Log Entries – Falsifying ELD or paper log records
- Brake System Deficiencies – Worn brakes, improper adjustment
- Cargo Securement Failures – Inadequate tiedowns, shifting loads
- Unqualified Drivers – Operating without valid CDL or medical certificate
- Drug/Alcohol Violations – Operating under influence
- Mobile Phone Use – Texting, hand-held phone while driving
- Failure to Inspect – No pre-trip inspection, ignored defects
- Improper Lighting – Non-functioning lights, missing reflectors
- Negligent Hiring – No background check, incomplete DQ file
Proving these violations is often the key to winning your Burton trucking accident case.
How We Prove the Trucking Company’s Negligence
1. Immediate Evidence Preservation
- Send spoliation letters within 24-48 hours
- Demand immediate download of ECM/ELD data
- Secure physical evidence before repair or disposal
2. FMCSA Records Review
- Obtain carrier’s complete safety record
- Review CSA scores and inspection history
- Identify pattern of violations
3. Driver Qualification File Subpoena
- Employment application and background check
- Driving record and previous employers
- Medical certification and drug test history
- Training documentation
4. Corporate Structure Analysis
- Identify all related companies
- Determine owner-operator vs. employee status
- Map insurance coverage for each entity
5. Accident Reconstruction
- Retain expert engineers
- Analyze ECM and ELD data
- Determine sequence of events and contributing factors
6. Defect Investigation
- Preserve failed components
- Research recall and complaint history
- Retain product liability experts if warranted
Our Burton trucking accident attorneys leave no stone unturned in building your case. Call 1-888-ATTY-911 for a free consultation.
The Insurance Battle – Why You Need Our Insider Knowledge
Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm.
This means we know:
| What He Learned | How It Helps You |
|---|---|
| How insurance companies VALUE claims | He knows their formulas and can maximize your recovery |
| How adjusters are TRAINED | He recognizes their manipulation tactics immediately |
| What makes them SETTLE | He knows when they’re bluffing and when they’ll pay |
| How they MINIMIZE payouts | He counters every tactic they use against you |
| How they DENY claims | He knows how to fight wrongful denials |
| Claims valuation software (Colossus, etc.) | He understands how algorithms undervalue your suffering |
Common Insurance Tactics & Our 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 |
With our insider knowledge, we level the playing field against the trucking company’s insurance team.
What Your Burton Trucking Accident Case Is Worth
Case values depend on many factors, but Burton trucking accident cases often result in significant recoveries due to:
- Higher Insurance Limits – Trucking companies carry $750,000 to $5,000,000 or more in coverage
- Catastrophic Injuries – Severe injuries justify higher compensation
- Clear Liability – FMCSA violations often prove negligence
- Multiple Defendants – More parties mean more insurance coverage
Types of Damages Recoverable:
Economic Damages (Calculable Losses):
- Medical expenses (past, present, and future)
- Lost wages and benefits
- Lost earning capacity (reduction in future earning ability)
- Property damage (vehicle repair or replacement)
- Out-of-pocket expenses (transportation, home modifications)
- Life care costs (ongoing care for catastrophic injuries)
Non-Economic Damages (Quality of Life):
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement (scarring, visible injuries)
- Loss of consortium (impact on marriage/family relationships)
- Physical impairment
Punitive Damages (Punishment for Gross Negligence):
- Available when trucking company acted with gross negligence
- Designed to punish and deter future misconduct
- No cap in Texas for most personal injury cases
Recent Nuclear Verdicts in Trucking Cases:
| Amount | Year | Location | Case Details |
|---|---|---|---|
| $462 Million | 2024 | Missouri | Underride decapitation case |
| $160 Million | 2024 | Alabama | Rollover left driver quadriplegic |
| $141.5 Million | 2023 | Florida | Defunct carrier crash |
| $730 Million | 2021 | Texas | Oversize load fatality |
| $150 Million | 2022 | Texas | Werner settlement for two children killed |
These verdicts show what’s possible when trucking companies are held fully accountable. Call Attorney911 at 1-888-ATTY-911 to discuss what your Burton case may be worth.
The Legal Process for Your Burton Trucking Accident Case
Step 1: Free Case Evaluation
- Call 1-888-ATTY-911 for immediate consultation
- Review accident details and injuries
- Determine if we can help
Step 2: Immediate Evidence Preservation
- Send spoliation letters within 24-48 hours
- Demand preservation of ECM, ELD, maintenance records
- Secure physical evidence before repair or disposal
Step 3: Investigation
- Obtain police accident report
- Interview witnesses
- Retain accident reconstruction experts
- Subpoena trucking company records
- Analyze ECM and ELD data
Step 4: Medical Treatment Coordination
- Help you get necessary medical care
- Document all injuries and treatment
- Work with doctors to establish causation
Step 5: Demand Letter
- Send comprehensive demand to insurance company
- Calculate all economic and non-economic damages
- Demand full and fair compensation
Step 6: Negotiation
- Engage in settlement discussions
- Reject lowball offers
- Prepare for trial if necessary
Step 7: Litigation (If Needed)
- File lawsuit before statute of limitations expires
- Conduct discovery (depositions, document requests)
- File motions to strengthen case
- Prepare for trial
Step 8: Resolution
- Negotiate final settlement
- OR proceed to trial
- Distribute settlement funds
Most cases settle before trial, but we prepare every case as if it’s going to trial. This creates leverage in settlement negotiations.
Why Choose Attorney911 for Your Burton Trucking Accident Case
1. 25+ Years of Trucking Litigation Experience
- Ralph Manginello has been fighting trucking companies since 1998
- Federal court admission to U.S. District Court, Southern District of Texas
- Experience in BP explosion litigation against multinational corporations
2. Insider Knowledge of Insurance Company Tactics
- Our team includes Lupe Peña, a former insurance defense attorney
- Knows exactly how insurance companies evaluate, minimize, and deny claims
- Uses that knowledge to fight for maximum compensation
3. Proven Multi-Million Dollar Results
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- $2+ Million – Maritime Back Injury Settlement
- Millions recovered for families in trucking-related wrongful death cases
4. Deep Knowledge of FMCSA Regulations
- Comprehensive understanding of 49 CFR Parts 390-399
- Experience proving hours of service violations
- Expertise in cargo securement and maintenance regulations
5. Aggressive Evidence Preservation
- Send spoliation letters within 24-48 hours
- Demand immediate download of ECM and ELD data
- Secure physical evidence before it’s lost
6. Federal Court Experience
- Admitted to U.S. District Court, Southern District of Texas
- Can handle interstate trucking cases that may be filed in federal court
- Experience with complex multi-party litigation
7. Bilingual Services for Burton’s Hispanic Community
- Lupe Peña is fluent in Spanish
- Direct representation without interpreters
- Serves Burton’s large Hispanic trucking workforce
8. 3 Texas Office Locations
- Houston (main office)
- Austin
- Beaumont
- Convenient access for Burton residents
9. 4.9-Star Google Rating (251+ Reviews)
- “They fought for me to get every dime I deserved.” – Glenda Walker
- “You are NOT just some client… You are FAMILY to them.” – Chad Harris
- “They solved in a couple of months what others did nothing about in two years.” – Angel Walle
10. No Fee Unless We Win
- Free case evaluation
- No upfront costs
- You pay nothing unless we recover compensation for you
If you’ve been hurt in a trucking accident anywhere in Burton or Washington County, call Attorney911 now at 1-888-ATTY-911.
Frequently Asked Questions About Burton Trucking Accidents
What should I do immediately after an 18-wheeler accident in Burton?
If you’ve been in a trucking accident in Burton, 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. Burton hospitals and clinics 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?
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 Burton?
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 within hours of being retained to preserve this evidence before it’s lost forever.
Who can I sue after an 18-wheeler accident in Burton?
Multiple parties may be liable in trucking accidents:
- 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 a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (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
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – 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
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off duty
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
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
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.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
How much are 18-wheeler accident cases worth in Burton?
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 Burton?
Texas 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 Burton?
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.
Burton Trucking Accident Case Results
While every case is unique, our Burton trucking accident attorneys have secured significant recoveries for clients:
- $5+ Million – Logging Brain Injury Settlement (workplace accident with commercial vehicle)
- $3.8+ Million – Car Accident Amputation Settlement (staph infection during treatment)
- $2.5+ Million – Truck Crash Recovery
- $2+ Million – Maritime Back Injury Settlement (Jones Act case)
- Millions recovered for families in trucking-related wrongful death cases
If you’ve been hurt in a trucking accident in Burton, call Attorney911 now at 1-888-ATTY-911 for a free case evaluation.
What Our Burton Clients Say About Us
“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
“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
— Donald Wilcox, Attorney911 Client
“I was rear-ended and the team got right to work… I also got a very nice settlement.”
— MONGO SLADE, Attorney911 Client
“Ralph Manginello is indeed the best attorney I ever had. He cares greatly about his results.”
— AMAZIAH A.T., Attorney911 Client
“Mr. Maginello and his firm are first class. Will fight tooth and nail for you.”
— Ernest Cano, Attorney911 Client
“Consistent communication and not one time did I call and not get a clear answer… Ralph reached out personally.”
— Dame Haskett, Attorney911 Client
Contact Attorney911 Today
If you or a loved one has been injured in an 18-wheeler accident in Burton, Texas, don’t wait. Evidence is disappearing every hour.
Call now for a free case evaluation: 1-888-ATTY-911
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
Available 24/7 – We answer trucking accident calls immediately.
Offices serving Burton:
- Houston: 1177 West Loop S, Suite 1600, Houston, TX 77027
- Austin: 316 West 12th Street, Suite 311, Austin, TX 78701-1844
- Beaumont: Available for client meetings
Don’t let the trucking company win. Call Attorney911 today.