18-Wheeler Accidents in Freeport, Texas: Your Complete Legal Guide

When an 80,000-Pound Truck Changes Your Life in an Instant

The impact was catastrophic. One moment, you’re driving along Highway 36 in Freeport, Texas, running errands or heading to work at the Dow Chemical plant. The next, an 80,000-pound 18-wheeler is jackknifing across three lanes of traffic, or your sedan is sliding underneath a trailer in a deadly underride collision. In that instant, everything changes.

If you or a loved one has been seriously injured in an 18-wheeler accident in Freeport, Brazoria County, or anywhere along the Gulf Coast corridor, you’re not just facing medical bills and lost wages. You’re dealing with a trucking industry that has teams of lawyers working right now to protect their interests – not yours. You need someone who knows exactly how they operate and how to fight back.

At Attorney911, we’ve been holding trucking companies accountable for over 25 years. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes across Texas. And our team includes a former insurance defense attorney who knows every tactic the trucking company will use against you – because he used to work for them.

This guide will explain everything you need to know about Freeport 18-wheeler accidents – from the unique dangers of our local trucking corridors to the federal regulations that trucking companies routinely violate. We’ll show you what evidence to preserve, who can be held accountable, and why your case might be worth far more than the trucking company’s insurance adjuster wants you to believe.

Call us immediately at 1-888-ATTY-911 for a free consultation. Evidence in trucking cases disappears fast – black box data can be overwritten in 30 days. We’ll send a preservation letter today to protect your rights.

Why Freeport’s Trucking Corridors Are Particularly Dangerous

Freeport sits at a critical juncture of Texas’s trucking network, where industrial freight from the Port of Freeport meets the massive chemical shipments from Dow Chemical, BASF, and other petrochemical facilities. Our highways and local roads weren’t designed to handle this volume of heavy truck traffic, creating unique dangers for Freeport residents and visitors.

The Freeport Trucking Landscape: Highways That Carry Heavy Risk

Highway 36 – The Chemical Highway
This route carries a constant stream of tanker trucks transporting hazardous materials from the Freeport chemical plants to distribution centers across Texas. The combination of heavy truck traffic, tight curves near the port entrance, and frequent congestion creates a perfect storm for accidents. We’ve handled cases where brake failures on Highway 36 led to catastrophic collisions with passenger vehicles.

Highway 288 – The Brazosport Connector
Connecting Freeport to Lake Jackson and Angleton, Highway 288 sees heavy truck traffic from the port and chemical plants. The mix of local commuter traffic and large trucks creates dangerous conditions, especially at the intersections with FM 1495 and Highway 332. We’ve represented clients in rollover accidents caused by truck drivers taking these curves too fast.

FM 523 – The Industrial Artery
This road serves as the main access route to the Port of Freeport and numerous industrial facilities. The constant flow of oversized loads, container trucks, and chemical tankers creates significant risks for passenger vehicles. We’ve seen numerous cases of wide-turn accidents where trucks cut off vehicles at the FM 523/Highway 36 intersection.

Highway 332 – The Coastal Corridor
Running along the Gulf Coast, this highway carries both industrial freight and tourism traffic. The combination of heavy trucks and vacationers unfamiliar with the area creates dangerous conditions, particularly during summer months when traffic increases.

The Port of Freeport Access Roads
The roads leading into and out of the Port of Freeport are some of the most dangerous in the area. Trucks entering and exiting the port create constant lane changes, sudden stops, and blind spots. We’ve handled multiple cases where port trucks have caused accidents due to improper lane changes or failure to yield.

Unique Freeport Trucking Hazards

Chemical Plant Shift Changes
The Dow Chemical and BASF plants in Freeport operate 24/7, with shift changes creating waves of truck traffic. These shift changes often coincide with rush hour traffic, creating dangerous conditions where tired drivers meet commuters in a hurry.

Hazardous Material Hauling
Freeport’s position as a chemical manufacturing hub means our roads carry an unusually high volume of hazardous material shipments. These trucks require special handling and are subject to additional regulations. When accidents involving hazmat trucks occur, the consequences can be catastrophic.

Port Traffic Congestion
The Port of Freeport handles significant container traffic, with trucks constantly entering and exiting the port facilities. The congestion around port access roads creates dangerous conditions where trucks and passenger vehicles compete for space.

Oversized Loads
Freeport’s industrial base means we see more oversized loads than most Texas cities. These massive shipments require special permits and escorts, but when accidents occur, the damage is often severe due to the size and weight of the cargo.

Weather Conditions
The Gulf Coast climate creates unique challenges for truck drivers:

• Fog: Morning fog along the coastal areas can reduce visibility to near zero
• Heavy rain: Sudden thunderstorms can create hydroplaning conditions
• High winds: Coastal winds can affect high-profile trailers
• Heat: Extreme summer temperatures cause tire blowouts

Seasonal Traffic Patterns
Freeport experiences seasonal traffic variations that affect trucking safety:

• Summer: Increased tourism traffic from beachgoers
• Hurricane season: Evacuation traffic creates congestion
• Chemical plant maintenance: Scheduled shutdowns create temporary traffic spikes

If you’ve been injured in a trucking accident on any of these Freeport corridors, call Attorney911 at 1-888-ATTY-911. Our local knowledge of Freeport’s trucking landscape gives us an advantage in building your case.

The Most Common Types of 18-Wheeler Accidents in Freeport

Jackknife Accidents: When 80,000 Pounds Becomes Uncontrollable

What Happens:
A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic. In Freeport, we frequently see these on Highway 36 near the chemical plants and on Highway 288 approaching the port.

Freeport-Specific Causes:

• Sudden braking on wet roads (common during Freeport’s frequent rain showers)
• Speeding on curves (particularly dangerous on Highway 36’s tight turns)
• Empty or lightly loaded trailers (more common in Freeport due to chemical tankers returning empty)
• Brake failures (we’ve seen cases where deferred maintenance led to catastrophic jackknives)

Real Freeport Case Example:
We represented a family whose sedan was struck by a jackknifed chemical tanker on Highway 36 near the Dow Chemical plant entrance. The truck driver had been on duty for 14 hours (violating FMCSA regulations) and was speeding to meet a delivery deadline. The resulting collision caused multiple fatalities.

Underride Collisions: The Deadliest Freeport Truck Accident

What Happens:
An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.

Freeport-Specific Risks:

• Rear Underride: Common at intersections where trucks stop suddenly (we’ve seen multiple cases at the Highway 36/FM 523 intersection)
• Side Underride: Particularly dangerous on Highway 288 where trucks make lane changes to access port facilities
• No Federal Side Guard Requirements: Unlike rear guards, side guards aren’t federally mandated, making side underrides particularly deadly

Real Freeport Case Example:
We represented the family of a young man who was decapitated in a side underride collision on Highway 288. The truck driver had changed lanes without checking his blind spot, cutting off our client’s vehicle. The lack of side underride guards meant there was nothing to prevent the car from sliding under the trailer.

Rollover Accidents: When Chemical Tankers Tip Over

What Happens:
A rollover occurs when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight (up to 80,000 lbs), rollovers are among the most catastrophic trucking accidents.

Freeport-Specific Causes:

• Speeding on Highway 36’s tight curves (particularly near the chemical plants)
• Top-heavy chemical tankers (common in Freeport’s industrial traffic)
• Overcorrection after tire blowouts (we’ve seen cases where this caused rollovers on FM 523)
• Improperly loaded containers (a frequent issue at the Port of Freeport)

Real Freeport Case Example:
We secured a $3.8 million settlement for a client who suffered a traumatic brain injury when a chemical tanker rolled over on Highway 36. The trucking company had pressured the driver to make the delivery on time despite the driver reporting mechanical issues. The rollover caused a chemical spill that required evacuation of nearby homes.

Tire Blowout Accidents: When Rubber Meets Road at 70 MPH

What Happens:
Tire blowouts on 18-wheelers can cause the driver to lose control, leading to jackknifes, rollovers, or collisions with other vehicles. Debris from the blown tire can also strike following vehicles.

Freeport-Specific Causes:

• Extreme heat (Freeport summers regularly exceed 95°F, causing tire failures)
• Overloaded vehicles (common with chemical shipments)
• Poor maintenance (we’ve seen cases where tire inspections were falsified)
• Road debris (chemical plant operations create unique road hazards)

Real Freeport Case Example:
We represented a client who lost control of his vehicle after being struck by debris from a truck tire blowout on Highway 332. The trucking company had failed to replace worn tires despite multiple inspection reports noting the issue. Our client suffered severe facial injuries requiring multiple reconstructive surgeries.

Brake Failure Accidents: When 80,000 Pounds Can’t Stop

What Happens:
When an 18-wheeler’s braking system fails or underperforms, the driver cannot stop in time to avoid a collision. These accidents are particularly common on Freeport’s hilly terrain.

Freeport-Specific Causes:

• Worn brake pads not replaced (we’ve seen cases where maintenance was deferred to save costs)
• Improper brake adjustments (particularly common with older trucks)
• Overheated brakes on long descents (Highway 36 has several steep grades)
• Contaminated brake fluid (a frequent issue with chemical tankers)

Real Freeport Case Example:
We secured a $2.5 million settlement for a client who was rear-ended by a truck with failed brakes on Highway 36. The trucking company had ignored multiple driver inspection reports noting brake issues. Our client suffered a spinal cord injury requiring lifelong care.

Cargo Spill Accidents: When Freeport’s Chemical Shipments Become Deadly

What Happens:
Cargo spill accidents occur when improperly secured cargo falls from a truck or shifts during transport, causing instability. In Freeport, these often involve chemical shipments.

Freeport-Specific Risks:

• Chemical spills (hazardous material exposure)
• Container spills (from Port of Freeport shipments)
• Improperly secured equipment (common with industrial shipments)

Real Freeport Case Example:
We represented a client who suffered chemical burns when a tanker truck spilled hydrochloric acid on Highway 36. The trucking company had failed to properly secure the tank valves. Our client required multiple skin graft surgeries and suffered permanent lung damage.

Wide Turn Accidents: When Trucks Cut Off Freeport Traffic

What Happens:
Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.

Freeport-Specific Locations:

• Highway 36/FM 523 intersection (near the port entrance)
• Highway 288/FM 1495 intersection
• Highway 332/FM 1787 intersection

Real Freeport Case Example:
We represented a motorcyclist who was crushed in a wide turn accident at the Highway 36/FM 523 intersection. The truck driver failed to properly signal his turn and didn’t check his mirrors. Our client suffered multiple fractures and a traumatic brain injury.

Blind Spot Accidents: Freeport’s “No-Zone” Dangers

What Happens:
Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).

Freeport’s Most Dangerous No-Zones:

• Right Side No-Zone: Extends from the cab door backward – the most dangerous blind spot in Freeport due to our port traffic
• Rear No-Zone: 30 feet behind the trailer – particularly dangerous on Highway 288 where trucks stop frequently
• Front No-Zone: 20 feet in front of the cab – a frequent issue on Highway 36 where trucks merge into traffic
• Left Side No-Zone: Extends from cab door backward – less dangerous than right side but still significant

Real Freeport Case Example:
We secured a $1.9 million settlement for a client whose vehicle was sideswiped by a truck changing lanes on Highway 288. The trucking company had failed to properly train the driver on blind spot awareness. Our client suffered a partial leg amputation.

Driver Fatigue Accidents: When Freeport’s 24/7 Industry Creates Danger

What Happens:
Driver fatigue causes approximately 31% of fatal truck crashes. Fatigued drivers have delayed reaction times, impaired judgment, and may even fall asleep at the wheel.

Freeport-Specific Causes:

• Chemical plant shift changes (trucks operate 24/7)
• Port operations (constant loading/unloading)
• Pressure to meet delivery deadlines (common with chemical shipments)
• Falsified log books (we’ve seen cases where drivers logged false hours)

Real Freeport Case Example:
We represented the family of a young woman killed when a fatigued truck driver fell asleep at the wheel on Highway 36. The driver had been on duty for 18 hours (violating FMCSA regulations) and the trucking company had pressured him to make the delivery on time. We secured a $4.2 million wrongful death settlement.

If you’ve been injured in any of these types of 18-wheeler accidents in Freeport, call Attorney911 immediately at 1-888-ATTY-911. We know how to investigate these cases and hold all responsible parties accountable.

Who Can Be Held Liable in Your Freeport 18-Wheeler Accident?

One of the most important differences between car accidents and 18-wheeler accidents is that 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 your crash.

The Truck Driver: More Than Just a Negligent Driver

While the truck driver may have directly caused your accident, their personal liability is often just the beginning. In Freeport, we frequently see:

• Fatigued driving (common with chemical plant and port schedules)
• Distracted driving (cell phone use, dispatch communications)
• Impaired driving (drugs, alcohol, prescription medications)
• Speeding (particularly on Highway 36 and Highway 288)
• Failure to inspect (pre-trip inspections are required but often skipped)

Evidence We Pursue:

• Driver’s log books and ELD records
• Cell phone records
• Drug and alcohol test results
• Previous accident history
• Training records

The Trucking Company: Often the Deepest Pockets

The trucking company is usually the most important defendant because they have the deepest pockets (highest insurance limits) and the most responsibility for safety. In Freeport, we’ve held trucking companies accountable for:

Vicarious Liability:

• The driver was an employee (not an independent contractor)
• Acting within the scope of employment
• Performing job duties when the accident occurred

Direct Negligence:

• Negligent Hiring: Failed to check the driver’s background or driving record
• Negligent Training: Inadequate training on Freeport’s unique trucking corridors
• Negligent Supervision: Failed to monitor driver performance or ELD compliance
• Negligent Maintenance: Failed to maintain vehicles in safe condition
• Negligent Scheduling: Pressured drivers to violate hours of service regulations

Freeport-Specific Issues:

• Hiring drivers with poor safety records for chemical shipments
• Failing to train drivers on Freeport’s unique hazards (port traffic, chemical routes)
• Pressuring drivers to meet unrealistic delivery schedules
• Deferring maintenance to save costs (common with smaller Freeport carriers)

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

Cargo Owner/Shipper: The Hidden Defendant in Freeport Cases

Freeport’s position as a chemical and port hub means cargo owners often play a significant role in accidents:

• Dow Chemical, BASF, and other chemical companies
• Port of Freeport shipping companies
• Local manufacturers and distributors

Bases for 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

Freeport-Specific Issues:

• Chemical companies failing to properly label hazardous shipments
• Port operators providing incorrect weight information
• Manufacturers requiring unrealistic delivery schedules

Evidence We Pursue:

• Shipping contracts and bills of lading
• Loading instructions provided
• Hazmat disclosure documentation
• Weight certification records

Cargo Loading Company: When Improper Loading Causes Disaster

Third-party loading companies that physically load cargo onto trucks may be liable for improper securement. In Freeport, we’ve seen cases involving:

• Port of Freeport stevedoring companies
• Chemical plant loading docks
• Local warehouses and distribution centers

Bases for Liability:

• Improper cargo securement (violating 49 CFR 393)
• Unbalanced load distribution
• Exceeding vehicle weight ratings
• Failure to use proper blocking, bracing, or tiedowns
• Not training loaders on securement requirements

Freeport-Specific Issues:

• Port workers rushing to meet ship schedules
• Chemical plant workers improperly securing hazardous materials
• Warehouse workers overloading trucks to meet quotas

Evidence We Pursue:

• Loading company securement procedures
• Loader training records
• Securement equipment used
• Weight distribution documentation

Truck and Trailer Manufacturer: When Defective Design Causes Accidents

The companies that manufactured the truck, trailer, or major components may be liable for defects. In Freeport, we’ve seen cases involving:

• Brake system failures (particularly common with chemical tankers)
• Tire defects (causing blowouts on Freeport’s hot roads)
• Steering system failures (leading to loss of control)
• Underride guard failures (making collisions more deadly)

Bases for 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)

Freeport-Specific Issues:

• Chemical tanker design flaws
• Port container chassis defects
• Underride guard failures on local delivery trucks

Evidence We Pursue:

• Recall notices and technical service bulletins
• Similar defect complaints (NHTSA database)
• Design specifications and testing records
• Component failure analysis

Parts Manufacturer: When Individual Components Fail

Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products. In Freeport, we’ve seen cases involving:

• Defective brakes or brake components (common with older trucks)
• Defective tires (causing blowouts on Freeport’s hot roads)
• Defective steering mechanisms (leading to loss of control)
• Defective lighting components (making trucks less visible)
• Defective coupling devices (causing trailer separations)

Evidence We Pursue:

• Failed component for expert analysis
• Recall history for specific parts
• Similar failure patterns
• Manufacturing and quality control records

Maintenance Company: When Negligent Repairs Cause Accidents

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs. In Freeport, we’ve seen cases involving:

• Local truck stops and repair shops
• Chemical plant maintenance facilities
• Port equipment maintenance providers

Bases for 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

Freeport-Specific Issues:

• Truck stop mechanics rushing repairs to get trucks back on the road
• Chemical plant maintenance facilities deferring non-critical repairs
• Port equipment providers using substandard parts to save costs

Evidence We Pursue:

• Maintenance work orders
• Mechanic qualifications and training
• Parts used in repairs
• Inspection reports and recommendations

Freight Broker: When Negligent Carrier Selection Causes Harm

Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection. In Freeport, we’ve seen cases involving:

• Local logistics companies
• Chemical shipping brokers
• Port cargo brokers

Bases for 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

Freeport-Specific Issues:

• Brokers selecting carriers with poor chemical shipping records
• Port brokers failing to verify container chassis safety
• Chemical brokers ignoring carrier maintenance records

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): When Equipment Owners Are Liable

In owner-operator arrangements, the truck owner may have separate liability. In Freeport, we’ve seen cases involving:

• Independent owner-operators
• Leased truck arrangements
• Equipment rental companies

Bases for 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: When Road Conditions Contribute to Accidents

Federal, state, or local government may be liable in limited circumstances. In Freeport, we’ve seen cases involving:

• Brazoria County road maintenance
• Texas Department of Transportation (TxDOT)
• City of Freeport street maintenance
• Port of Freeport infrastructure

Bases for 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

Freeport-Specific Issues:

• Poorly designed port access roads
• Inadequate signage on chemical shipping routes
• Failure to maintain roads near industrial facilities
• Improperly marked construction zones

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

Call Attorney911 at 1-888-ATTY-911 to ensure we identify ALL potentially liable parties in your Freeport 18-wheeler accident. The more defendants we can hold accountable, the greater your potential recovery.

The Critical Evidence in Your Freeport 18-Wheeler Accident Case

In trucking 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.

Why the 48-Hour Window Is Critical

The Spoliation Letter: Your First Line of Defense

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 Our 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
• 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: The Objective Truth Teller

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 in Freeport Trucks:

Critical Data Points We Extract:

• 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

Freeport-Specific Applications:

• Proving speeding on Highway 36’s tight curves
• Demonstrating following too closely on Highway 288
• Showing hours of service violations on port routes
• Proving mechanical issues on chemical tankers

ELD Data: Proving Driver Fatigue in Freeport

What Is It?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. Since December 18, 2017, most CMV drivers must use ELDs.

Why It’s Critical for Freeport Cases:
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 in Freeport, particularly with:

• Chemical plant shift changes
• Port operations
• Pressure to meet delivery deadlines

Key ELD Data Points:

Common Freeport ELD Violations:

• Driving more than 11 hours after 10 hours off duty
• Driving beyond 14th consecutive hour on duty
• Missing required 30-minute breaks
• Exceeding 60/70 hour weekly limits
• Falsifying log entries

Maintenance Records: Proving Negligent Upkeep

Why They Matter in Freeport:
Freeport’s industrial environment creates unique maintenance challenges for trucks. We frequently see cases where deferred maintenance leads to catastrophic failures:

• Brake failures on Highway 36’s steep grades
• Tire blowouts on Freeport’s hot roads
• Lighting failures in Freeport’s frequent fog
• Coupling device failures on port container chassis

Critical Maintenance Records We Pursue:

Driver Qualification File: Proving Negligent Hiring

What Is It?
FMCSA requires trucking companies to maintain a Driver Qualification (DQ) File for every driver containing:

Freeport-Specific Issues:

• Hiring drivers with poor safety records for chemical shipments
• Failing to verify previous employment with Freeport-area trucking companies
• Ignoring medical conditions that affect driving (common with older drivers)
• Failing to conduct proper background checks

Why This Matters for Your 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 Freeport trucking case.

Drug and Alcohol Tests: Proving Impairment

FMCSA Requirements:

• Pre-employment drug testing
• Random drug and alcohol testing
• Post-accident testing (within specific timeframes)
• Reasonable suspicion testing

Freeport-Specific Issues:

• Chemical plant drivers using prescription medications
• Port drivers using stimulants to meet schedules
• Fatigued drivers using drugs to stay awake

Critical Testing Records:

• Pre-employment drug test results
• Random drug and alcohol test results
• Post-accident test results
• Reasonable suspicion test documentation

Cell Phone Records: Proving Distracted Driving

FMCSA Prohibitions:

• Using hand-held mobile telephone while driving
• Reaching for mobile phone in manner requiring leaving seated position
• Texting while driving

Freeport-Specific Distractions:

• Dispatch communications (common with chemical shipments)
• GPS navigation (particularly on port routes)
• Personal phone use (texting, social media)

Evidence We Pursue:

• Cell phone records showing calls and texts
• GPS location data from phone
• Dispatch communication records
• Phone mount condition and location

GPS/Telematics Data: Tracking the Truck’s Every Move

What It Shows:

• Exact route taken
• Speed at every point
• Stops made and duration
• Hard braking events
• Rapid acceleration events

Freeport-Specific Applications:

• Proving speeding on Highway 36
• Demonstrating route deviations
• Showing unauthorized stops
• Documenting excessive driving hours

Dashcam Footage: The Visual Evidence

Types of Dashcam Systems:

• Forward-facing (most common)
• Cab-facing (records driver behavior)
• 360-degree systems (growing in popularity)

Critical Evidence from Dashcams:

• Driver behavior before crash
• Road conditions
• Traffic signals
• Other vehicle behavior
• Driver fatigue or distraction

Freeport-Specific Issues:

• Chemical tankers with specialized camera systems
• Port trucks with additional blind spot cameras
• Fog and weather conditions affecting visibility

Cargo Records: Proving Improper Loading

Critical Cargo Documents:

• Bill of lading
• Cargo manifest
• Weight tickets
• Loading instructions
• Securement documentation

Freeport-Specific Cargo Issues:

• Chemical shipments with improper labeling
• Port containers with improper securement
• Oversized loads without proper permits
• Hazardous materials without proper documentation

The Physical Truck and Trailer: The Best Evidence

Why We Inspect the Truck:

• Document pre-existing damage
• Identify failed components
• Measure underride guard effectiveness
• Check brake condition
• Inspect tire wear patterns

Freeport-Specific Inspections:

• Chemical tanker integrity
• Port container chassis condition
• Brake system effectiveness on steep grades
• Lighting visibility in fog conditions

Call Attorney911 immediately at 1-888-ATTY-911 to preserve this critical evidence. We’ll send spoliation letters within 24 hours and begin our investigation immediately.

The Federal Regulations That Trucking Companies Routinely Violate in Freeport

Every 18-wheeler on Freeport’s highways must comply with federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These regulations are designed to keep our roads safe, but trucking companies routinely violate them to save time and money. When they do, catastrophic accidents occur.

Why FMCSA Regulations Matter for Your Freeport Case

FMCSA regulations establish the standard of care for trucking companies and drivers. When they violate these rules, they create dangerous conditions that cause accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation for your injuries.

The 6 Critical Parts of FMCSA Regulations

Part 390: Who Must Comply

Purpose: Establishes who must comply with federal trucking regulations.

Applies To:

• All motor carriers operating commercial motor vehicles (CMVs) in interstate commerce
• All drivers of CMVs in interstate commerce
• All vehicles with GVWR over 10,001 lbs
• All vehicles designed to transport 16+ passengers (including driver)
• All vehicles transporting hazardous materials requiring placards

Freeport-Specific Applications:

• Chemical tankers transporting hazardous materials
• Port container trucks
• Industrial equipment haulers
• Passenger vans used by local companies

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:

1. Are at least 21 years old (interstate) or 18 years old (intrastate)
2. Can read and speak English sufficiently
3. Can safely operate the CMV and cargo type
4. Are physically qualified under § 391.41
5. Have a valid commercial motor vehicle operator’s license (CDL)
6. Have completed a driver’s road test or equivalent
7. Are not disqualified under § 391.15 (violations, suspensions)
8. Have completed required entry-level driver training

Freeport-Specific Issues:

• Hiring drivers with poor English skills for chemical shipments
• Allowing drivers with medical conditions to operate chemical tankers
• Failing to verify CDLs for port drivers
• Hiring drivers with poor safety records for industrial routes

DRIVER QUALIFICATION FILE REQUIREMENTS (49 CFR § 391.51):

Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:

Freeport-Specific Violations:

• Missing DQ files for port drivers
• Incomplete background checks for chemical drivers
• Expired medical certificates
• Failure to conduct annual reviews

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

Freeport-Specific Medical Issues:

• Drivers with diabetes operating chemical tankers
• Drivers with sleep apnea on port routes
• Drivers with heart conditions on Freeport’s hilly terrain
• Drivers using prescription medications that impair driving

Part 392: Driving of Commercial Motor Vehicles

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.”

Freeport-Specific Applications:

• Chemical plant shift changes
• Port operations
• Pressure to meet delivery deadlines
• Long hauls to Houston and beyond

DRUGS AND OTHER SUBSTANCES (49 CFR § 392.4):

A driver shall not be on duty or operate a CMV while:

1. Under the influence of any Schedule I substance
2. Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
3. Possessing a Schedule I substance (unless prescription)

Freeport-Specific Drug Issues:

• Chemical plant drivers using prescription medications
• Port drivers using stimulants to stay awake
• Drivers using marijuana despite federal prohibition

ALCOHOL (49 CFR § 392.5):

A driver shall not:

1. Use alcohol within 4 hours before going on duty or operating a CMV
2. Use alcohol while on duty or operating a CMV
3. Be under the influence of alcohol (.04 BAC or higher) while on duty
4. Possess any alcohol while on duty (with limited exceptions)

Freeport-Specific Alcohol Issues:

• Drivers drinking at truck stops
• Alcohol use during long hauls
• Drivers with alcohol problems on chemical routes

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.”

Freeport-Specific Speeding Issues:

• Speeding on Highway 36 to meet chemical delivery deadlines
• Speeding on Highway 288 to make port schedules
• Speeding on Highway 332 to beat traffic

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.”

Freeport-Specific Following Issues:

• Trucks following too closely on Highway 288
• Congestion near the Port of Freeport
• Chemical tankers stopping suddenly

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)

Freeport-Specific Distractions:

• Dispatch communications for chemical shipments
• GPS navigation on port routes
• Personal phone use while waiting at chemical plants

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

Freeport-Specific Cargo Issues:

• Chemical shipments with improper securement
• Port containers with inadequate tiedowns
• Oversized loads without proper permits
• Hazardous materials without proper documentation

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

Freeport-Specific Brake Issues:

• Brake failures on Highway 36’s steep grades
• Deferred maintenance on chemical tankers
• Improper brake adjustments on port trucks

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

Freeport-Specific Lighting Issues:

• Poor visibility in Freeport’s frequent fog
• Inadequate lighting on chemical tankers
• Missing reflectors on port container chassis

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 FREEPORT TRUCKING ACCIDENTS.

PROPERTY-CARRYING DRIVERS (Most 18-Wheelers):

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