East Bernard Truck Accident Lawyer: Fighting for Your Family After a Commercial Fleet Wreck
The impact was catastrophic. You were driving on US Highway 90A or State Highway 60, perhaps heading home toward East Bernard, when 80,000 pounds of steel slammed into your vehicle. In a split second, your world tilted. An 18-wheeler doesn’t give you a second chance. It doesn’t care about your plans, your family, or your future. While you are struggling with the shock and the mounting medical bills, the trucking company that hit you has already mobilized. Before you even left the scene of the crash in East Bernard, their rapid-response team—which includes corporate adjusters and defense lawyers—was likely already working to minimize what they’ll eventually have to pay you.
If you’ve been hurt in a truck accident in East Bernard, you aren’t just dealing with another car insurance claim. You’re in a legal emergency. Trucking companies operate under a complex web of federal regulations and maintain massive insurance policies designed to protect their profits. To get the compensation you deserve, you need a fighter who knows their playbook.
At Attorney911, led by managing partner Ralph Manginello, we’ve spent more than 25 years taking on the world’s largest corporations and making them pay for the harm they cause. Since 1998, our founder has been a fixture in Texas courtrooms, recovering millions of dollars for families devastated by negligence. Our team includes associate attorney Lupe Peña, a third-generation Texan who actually used to work for national insurance defense firms. He knows exactly how these companies evaluate and deny claims because he used to be on the inside. Now, he uses that insider knowledge to fight for families in East Bernard.
When an 18-wheeler, an oilfield water truck, or a corporate delivery van changes your life forever, we are here to help you rebuild. We understand that this isn’t just a case file—it’s your life. As our client Chad Harris said, “You are NOT just some client… You are FAMILY to them.” We treat your recovery with the same tenacity we’d use for our own loved ones.
Ready to level the playing field? Call 1-888-ATTY-911 for a free, no-obligation consultation. We are available 24/7 to answer your call because we know emergencies don’t stick to business hours.
Why East Bernard Truck Accidents Are Different
East Bernard sits in a unique geographic crossroads. We are a hub for agricultural production, but we also feel the weight of the Texas energy sector and the massive freight corridors feeding into Houston. This means the variety of trucks on our roads is far more diverse—and often more dangerous—than in other parts of the country.
On any given day in East Bernard, you’re sharing the road with:
- Agricultural Haulers: Massive trucks carrying grain, cotton modules, and livestock. These vehicles are often seasonally maintained and frequently operate on two-lane roads like FM 1164 or SH 60 where margins for error are slim.
- Oilfield Support Vehicles: We are a transit point for the Eagle Ford Shale. Water trucks, frac sand haulers, and crew vans pass through East Bernard constantly, driven by operators under intense schedule pressure.
- Industrial Freight: 18-wheelers hauling heavy manufacturing components or raw materials toward the Port of Houston or the industrial centers of Harris and Fort Bend counties.
- Corporate Delivery Fleets: Branded vans from Amazon, Walmart, and FedEx delivering to local businesses and homes, often rushing to meet strict delivery quotas.
When one of these vehicles causes a wreck, the mechanics of the crash are different, the regulations are different, and the liable parties are often shielded by layers of corporate shells. You need a law firm that understands how to pierce those shells. We’ve gone toe-to-toe with the world’s largest corporations, including BP during the Texas City Refinery litigation, and we’ve litigated against giants like Walmart, Amazon, Coca-Cola, and the major oil companies. We don’t back down.
Proving Negligence: The Power of FMCSA Regulations
Every 18-wheeler and commercial vehicle operating in East Bernard must follow the Federal Motor Carrier Safety Regulations (FMCSR). These aren’t just suggestions; they are federal laws designed to keep 80,000-pound missiles from killing innocent drivers. When a trucking company or a driver ignores these rules to save time or money, they are negligent.
At Attorney911, we use these regulations (codified in 49 CFR Parts 300-399) as the foundation of your case. By proving a violation, we prove the company broke the law.
49 CFR Part 395: Hours of Service (The Fatigue Factor)
This is the most common violation we see. The FMCSA limits property-carrying drivers to 11 hours behind the wheel after 10 consecutive hours off duty. They cannot drive beyond the 14th consecutive hour after coming on duty.
Why does this matter in East Bernard? Because drivers hauling agricultural products or oilfield equipment are often pressured to skip breaks and falsify logs to meet delivery windows. A fatigued driver has the same reaction time as someone who is legally drunk. If an ELD (Electronic Logging Device) shows a driver stayed on the road for 16 hours before hitting you on Highway 90A, that’s clear evidence of negligence.
49 CFR Part 391: Driver Qualification
Trucking companies have a duty to ensure the people they put behind the wheel are fit to drive. This means maintaining a complete Driver Qualification File, which includes background checks, driving records, and current medical certificates. If a company hired a driver with a history of DUIs or untreated sleep apnea and that driver causes an accident in East Bernard, the company is liable for negligent hiring.
49 CFR Part 396: Inspection, Repair, and Maintenance
Commercial trucks are required to be systematically inspected and maintained. If a truck’s brakes fail or a tire has a blowout because the company deferred maintenance to save a few dollars, they are responsible for the resulting devastation. We subpoena maintenance logs and inspection reports to find out exactly when the equipment was last checked—or if it was ignored for months.
49 CFR Part 393: Parts and Accessories for Safe Operation
This covers everything from lights and reflectors to cargo securement. In East Bernard, we see many accidents caused by “loose cargo”—grain or agricultural products falling off a truck and causing a chain reaction. Under Part 393, the carrier is responsible for ensuring the load is immobilized and secured.
Our managing partner Ralph Manginello’s 25+ years of experience has taught him that if you look hard enough at the records, you will almost always find an FMCSA violation. We have the technical expertise to find the “smoking gun” in the driver qualification files and electronic logs.
The Clock is Ticking: 48-Hour Evidence Preservation
If there is one thing you must know about your truck accident in East Bernard, it’s this: Evidence vanishes.
Trucking companies and their insurers are not required to keep all evidence forever. In fact, some of the most critical data that can win your case is at risk of being lost within 30 days—or even 48 hours.
- Black Box Data (ECM): The Engine Control Module records your speed, your braking time, and the throttle position at the moment of impact. This data is often overwritten after a certain number of hours of driving or after several weeks in storage.
- ELD Logs: Electronic logs that prove hours-of-service violations are only required to be kept for six months under federal law.
- Dashcam Footage: Many corporate fleets like Amazon and Walmart use Netradyne or DriveCam systems. This footage often overwrites every few days unless an “event” is flagged.
- Physical Debris: Maintenance parts, tire treads, and even the skid marks on the East Bernard pavement can be washed away by a South Texas rainstorm or cleared by road crews.
That is why we move with extreme urgency. When you retain Attorney911, we send formal spoliation letters (evidence preservation demands) to the trucking company and insurance carriers within 24 to 48 hours. This legal notice freezes the evidence. If they destroy it after receiving our letter, they face severe sanctions in court, including the jury being told to assume the evidence would have proven the company’s guilt.
Don’t wait until the black box data is gone. Call (888) 288-9911 right now so we can protect the facts of your case.
Our Insider Advantage: The Insurance Defense Perspective
Most personal injury lawyers have only worked for plaintiffs. They know how to ask for money, but they don’t always know how the other side thinks.
At Attorney911, we have a distinct advantage. Our associate attorney, Lupe Peña, worked for years as a defense attorney for national insurance firms. He spent his days in the system, learning how insurance companies value claims, how they train their adjusters to lowball victims, and what types of evidence make them settle.
In a commercial truck accident, you aren’t fighting a standard neighborhood insurance agent. You are fighting corporate adjusters who are trained to:
- Misinterpret East Bernard police reports to shift blame onto you.
- Use “pre-existing condition” arguments to devalue your MRI results.
- Delay the process so you become desperate enough to accept a fraction of what your case is worth.
Because Lupe Peña has seen the “playbook” from the inside, we know when they are bluffing and when we need to push harder. We use our insider knowledge to stay two steps ahead of the defense, ensuring that you get “every dime you deserve,” as our client Glenda Walker phrased it.
Common Commercial Vehicle Wrecks in East Bernard
We represent victims of every type of heavy vehicle crash. While an “18-wheeler” is the most common term, our expertise extends to all commercial carriers operating in Wharton County.
Agricultural and Grain Truck Accidents
East Bernard is farming country. Grain trucks and cotton haulers are a part of life. However, these vehicles are often operated by small outfits that may cut corners on maintenance. If an overloaded grain truck with faulty brakes can’t stop at a rural intersection, the results are deadly. We look at whether the truck was over its Gross Vehicle Weight Rating (GVWR), which significantly increases stopping distance.
Oilfield Utility and Crew Transport Accidents
Being close to the energy sector means East Bernard roads see a high volume of oilfield traffic. We represent workers injured by negligent crew vans and motorists hit by water tankers or frac sand haulers. These cases are unique because they often involve dual jurisdiction—FMCSA regulations apply on the road, while OSHA standards may apply if the wreck happened near an industrial worksite. We understand how to litigate both.
High-Speed 18-Wheeler Jackknife and Rollovers
On highways like US-90A, high speeds combined with shifting cargo or sudden braking often lead to jackknife accidents. When an 80,000-pound trailer folds in half, it sweeps across multiple lanes, trapping everyone in its path. We investigate the physics of the crash—the “No-Zone” blind spots, the braking patterns, and the cargo securement—to prove the driver was at fault.
Wide Turn and Blind Spot Accidents
In the tighter intersections around East Bernard’s town center, truck drivers frequently fail to account for the tracking of their trailer. A “squeeze play” wide turn can crush a car between the truck and the curb. We know that technology exists to eliminate these blind spots (cameras, sensors, better mirrors). If the company chose not to install them, we hold them accountable for that choice.
Corporate Delivery and “Last Mile” Van Wrecks
If you were hit by an Amazon delivery van or a Walmart truck, you are dealing with a corporate giant. Amazon, for example, uses a complex “Delivery Service Partner” (DSP) model to claim the driver isn’t their employee. We know how to pierce that shield. We argue that because Amazon controls the route, the uniform, the timing, and even monitors the driver via in-cab cameras, they are the one in control—and they are the one who should pay.
Understanding Your Injuries and the Recovery You Deserve
We have recovered more than $50 million for families across Texas who have suffered life-altering injuries. In an 80,000-pound collision, the damage is rarely just “soft tissue.”
We regularly secure settlements and verdicts for:
- Traumatic Brain Injuries (TBI): $1.5M – $9.8M+ range. A TBI doesn’t always involve a skull fracture. The violent shaking of a truck impact can cause axonal shearing and permanent cognitive deficits.
- Spinal Cord Injuries: $4.7M – $25.8M+ range. Paralysis or permanent nerve damage requires a lifetime of care, home modifications, and rehabilitation.
- Amputations and Crush Injuries: $1.9M – $8.6M+ range. When a passenger vehicle is crushed, limbs are often lost. We fight for the lifetime costs of prosthetics and retraining.
- Wrongful Death: $1.9M – $9.5M+ range. If you lost a loved one, we pursue compensation for lost earning capacity, loss of consortium, and the mental anguish your family is suffering.
As client Kiimarii Yup shared, “I lost everything… 1 year later I have gained so much in return.” Whether you are dealing with a herniated disc requiring surgery or a catastrophic loss, we treat your suffering with the gravity it deserves. Learn more about how we value cases in our video: “The Definitive Guide To Commercial Truck Accidents” at https://www.youtube.com/watch?v=iEEeZf-k8Ao.
Who is Liable for Your East Bernard Truck Accident?
One reason we recover more for our clients is that we don’t just sue the driver. We cast a wide net to find every insurance policy that may apply.
In a single East Bernard wreck, there could be 16 different liable parties:
- The Truck Driver: For speeding, fatigue, or impairment.
- The Trucking Company: Under respondeat superior (employer responsibility).
- The Corporate Parent: Like Amazon or FedEx Freight.
- The Cargo Loader: If shifting cargo caused a rollover.
- The Loading Company: For overloading the vehicle.
- The Maintenance Shop: If they failed to fix a known brake defect.
- The Parts Manufacturer: If a defective tire or steering column failed.
- The Freight Broker: For hiring a “bottom-tier” carrier with a bad safety score.
- The Oilfield Operator: If production pressure led to the accident.
- The Staffing Agency: For providing an unqualified driver.
- Rental Truck Companies: Like U-Haul or Penske (under certain negligence theories).
- The Government Entity: If road design or maintenance failure contributed.
- The Shipping Facility: For unsafe traffic patterns at their docks.
When we identify all liable parties, we can “stack” insurance policies. If the driver has $750,000 in coverage but the broker and general contractor have $5 million each, your recovery potential significantly increases.
Texas Trucking Laws: Rules You Need to Know
Texas law is specific when it comes to personal injury. If you’re a resident of East Bernard, you need to understand these three critical rules:
1. Two-Year Statute of Limitations
In Texas, you generally have only two years from the date of the wreck to file a lawsuit. If you miss this deadline, you lose your right to recover forever. However, “legal time” is different from “investigation time.” If you wait 23 months to call us, most of the evidence (black box, ELD data, witnesses) will be long gone. Act now.
2. Modified Comparative Negligence (51% Bar Rule)
Texas uses a “proportionate responsibility” system. This means that if you are partially at fault, your settlement is reduced by your percentage of fault. If you are 20% at fault, you get 80% of the damages. BUT, if you are found to be 51% or more at fault, you get ZERO. This is why insurance companies will try to twist your words and blame you for “failing to avoid” the truck. They want to get your fault above 51% so they don’t have to pay a dime. We know how to beat these “blame the victim” tactics.
3. Texas Damage Caps (and Lack Thereof)
Unlike some other states, Texas does not cap non-economic damages (pain and suffering, mental anguish) in motor vehicle accident cases. This means if a jury finds the trucking company was reckless, there is no arbitrary limit on what you can recover for your suffering. This is why “nuclear verdicts” in Texas frequently exceed $10 million.
What is My East Bernard Truck Case Worth?
There is no “calculator” for a human life or a broken body. Every case we take on in East Bernard is unique. However, we focus on identifying economic, non-economic, and punitive damages.
- Economic Damages: These are the receipts. Hospital stays at local East Bernard or Houston trauma centers, surgeries, future medical care, lost wages, and loss of earning capacity if you can never go back to work.
- Non-Economic Damages: This is where we tell your story. The physical pain that keeps you up at night, the mental anguish of PTSD, the loss of enjoyment of life, and the disfigurement or scarring from the wreck. As client Ernest Cano said, we “will fight tooth and nail for you” to ensure the jury understands this loss.
- Punitive Damages: If the trucking company’s conduct was egregious—like a driver who had been awake for 28 hours or a tanker with purposefully disconnected brakes—we may pursue punitive damages to punish the company and prevent it from happening again.
FAQ: Essential Answers for East Bernard Accident Victims
1. How much is the minimum insurance for a truck hit in East Bernard?
Federal law requires different minimums based on what the truck is hauling. Most 18-wheelers carry a minimum of $750,000. If they are hauling oil or heavy equipment, the minimum is $1 Million. If they are hauling hazardous materials (HAZMAT), the minimum is $5 Million. However, many large corporate fleets carry “umbrella” policies that provide tens of millions in coverage.
2. Does it matter if I was hit by a delivery van instead of a semi?
Legally, yes. A local delivery van (like an Amazon Sprinter) may weigh 10,000 lbs, whereas a semi-truck weighs up to 80,000 lbs. While both are commercial vehicles, the federal regulations for CDL drivers may only apply to vehicles over 26,000 lbs. We investigate the “Class” of the commercial vehicle to see which specific regulations were violated.
3. The insurance company said I don’t need a lawyer because it was an accident. Are they right?
No. Insurance adjusters are “wolves in sheep’s clothing.” They want you to believe they’ll be fair so that you don’t hire an attorney who knows the real value of your case. Once you sign their release, your case is over—even if you need surgery next month. Listen to our guide on this topic: “What Should You Not Say to an Insurance Adjuster?” at https://www.youtube.com/watch?v=9UKRbFprB0E.
4. How long will it take to get a settlement?
Simple cases can settle in 6 to 12 months. However, complex 18-wheeler cases in East Bernard often take 18 to 24 months because we must thoroughly investigate, depose the driver, and wait for your medical “Maximum Medical Improvement” (MMI). If a firm promises you a check in 30 days, they are likely selling your case short.
5. What if the truck driver was an “independent contractor”?
This is the most common defense used by companies like FedEx Ground and Amazon. They claim they aren’t liable because they didn’t “employ” the driver. We use the “Control Test” to prove that since the company dictated the route, the schedule, and the equipment, they are the boss—and they are legally liable.
6. Do you take cases other firms won’t?
Yes. As client Donald Wilcox said, “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.” If your case was rejected by a “billboard” firm, call us. We look for the technical violations they might have missed.
Fighting for More Than Just Money: Our Mission in East Bernard
A truck accident isn’t just a legal claim; it’s a trauma. We understand that you may be suffering from more than just physical breaks. Many of our clients deal with PTSD, driving anxiety, and depression after a wreck. We ensure that these psychological injuries are included in your claim. Learn more about this in our video guide: “Can I Get a PTSD Payout After a Car Accident?” at https://www.youtube.com/watch?v=9803X_jnR4A.
East Bernard is a hardworking community. You work hard for your family, and you deserve an attorney who works just as hard for you. We don’t take easy settlements. We don’t fear the corporate fleets of Walmart or the legal teams of the big oil companies. We’ve been in the ring with them for 25 years, and we’ve built a reputation as the “firm insurers fear.”
When you’re ready to stand up for your rights, we are ready to stand with you. We offer Hablamos Español services through Lupe Peña and our bilingual staff, so there is never a barrier to justice.
Wait time is the enemy of your case. Every hour you wait is an hour the trucking company uses to build their defense. Call Attorney911 right now at 1-888-ATTY-911 for your free consultation. Remember: You pay us NOTHING unless we win. No upfront costs. No risk. Just results.
Final Steps to Protect Your Case in East Bernard
- Call 1-888-ATTY-911 immediately.
- Do not speak to anyone from the trucking company or their insurance.
- Continue all medical treatment as prescribed by your doctors.
- Save everything: discharge papers, photos, damaged clothing, and witness names.
- Stay off social media. Do not post about the accident, your injuries, or your activities.
The trucking company has their team. Get yours. Call Attorney911 today.
Attorney911 | The Manginello Law Firm, PLLC
Powerful. Proven. Professional.
1-888-ATTY-911
ralph@atty911.com
https://attorney911.com
Serving East Bernard and all of Wharton County with offices in Houston, Austin, and Beaumont.
Hablamos Español. Llame al (888) 288-9911.