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

If you or a loved one has been injured in an 18-wheeler accident in Josephine, Texas, you’re facing one of the most challenging experiences of your life. The physical pain, emotional trauma, and financial uncertainty can feel overwhelming. At Attorney911, we understand what you’re going through because we’ve helped hundreds of Josephine families navigate the aftermath of catastrophic trucking accidents.

Josephine sits at the heart of Collin County’s growing transportation network, with major highways like US-380 and FM 545 carrying heavy commercial traffic every day. The trucking corridors that serve our community connect to the bustling Dallas-Fort Worth metroplex, making Josephine a critical junction for freight moving across North Texas. While this economic activity benefits our local businesses, it also means our roads see more than their share of 18-wheeler accidents.

Why Josephine 18-Wheeler Accidents Are Different

Every year, thousands of trucking accidents occur across Texas, but the crashes that happen right here in Josephine have unique characteristics that affect your legal rights and potential compensation. Our firm has deep experience with the specific challenges of Collin County trucking cases:

Local Trucking Corridors: The highways and roads around Josephine see heavy commercial traffic patterns that differ from other parts of Texas. US-380, which runs through the heart of our community, is a major east-west route connecting to I-35 and the broader North Texas freight network. FM 545 and FM 1778 also carry significant truck traffic serving local distribution centers, agricultural operations, and the growing residential developments in our area. These routes present unique hazards, including:

• Congested intersections where passenger vehicles and trucks mix
• Rural stretches with limited lighting and emergency services
• Sudden transitions from high-speed to lower-speed zones
• Challenging weather conditions that affect visibility and stopping distances
• The constant flow of trucks serving Josephine’s growing economy

Local Industry Factors: Josephine’s position in the Dallas-Fort Worth economic sphere means we see specific types of trucking accidents that are less common in other parts of Texas:

• Distribution Center Traffic: With major logistics hubs in nearby McKinney, Anna, and Melissa, we see increased truck traffic serving warehouses and distribution centers. These facilities generate significant truck movements during shift changes, creating congestion and pressure on drivers to meet tight delivery windows.

• Agricultural Freight: Collin County remains an important agricultural region, with trucks transporting livestock, produce, and farm equipment. These vehicles often have unique cargo securement requirements and may operate on a seasonal basis that affects driver experience levels.

• Residential Construction: The rapid growth in Josephine and surrounding communities means constant movement of construction materials – lumber, steel, concrete, and heavy equipment. These oversized loads create additional hazards for other motorists.

• Oilfield Support: While not as intense as in the Permian Basin, North Texas still sees oilfield-related trucking activity, including equipment haulers, water trucks, and hazardous material transports.

Local Legal Landscape: Collin County courts have specific procedures and tendencies that affect how trucking accident cases are handled:

• The Collin County Courthouse in McKinney handles all civil cases from Josephine
• Local judges are familiar with the specific challenges of our area’s trucking corridors
• Jury pools reflect the unique demographics and attitudes of Northeast Texas residents
• Local law enforcement agencies have specific protocols for investigating commercial vehicle accidents

Our managing partner, Ralph Manginello, has been fighting for trucking accident victims across Texas for over 25 years. He knows the local courts, the local trucking routes, and the specific challenges that Josephine families face after a catastrophic 18-wheeler crash.

The Devastating Reality of 18-Wheeler Accidents

Make no mistake: 18-wheeler accidents are fundamentally different from car accidents. The physics of these crashes create catastrophic outcomes that change lives in an instant.

The Physics That Makes Trucking Accidents So Dangerous

Factor	Passenger Car	18-Wheeler	Impact
Weight	3,500-4,000 lbs	Up to 80,000 lbs	20-25 times heavier
Length	12-16 feet	70-80 feet	Much larger blind spots
Height	4-5 feet	13-14 feet	Underride risk
Stopping Distance (65 mph)	~300 feet	~525 feet	40% longer
Center of Gravity	Low	High	Rollovers more likely

When an 80,000-pound truck collides with a 4,000-pound car, the energy transfer is devastating. The force of impact is equivalent to your car being struck by 20-25 cars simultaneously. This is why trucking accidents so often result in:

• Traumatic brain injuries from the violent shaking and impact
• Spinal cord damage that can cause permanent paralysis
• Amputations from crushing forces or medical necessity
• Severe burns from fuel fires or hazardous cargo spills
• Internal organ damage from the extreme forces involved
• Wrongful death of vehicle occupants

In Josephine, we’ve seen these tragic outcomes far too often. The local hospitals in McKinney and Plano are well-equipped to handle trauma cases, but the injuries from 18-wheeler accidents often require long-term care and rehabilitation that can cost millions of dollars.

Common Types of 18-Wheeler Accidents in Josephine

Every trucking accident is unique, but we see certain types of crashes occur frequently on Josephine’s roads:

1. Rear-End Collisions on US-380 and FM 545

These are among the most common – and most deadly – trucking accidents in our area. When an 18-wheeler fails to stop in time and strikes the vehicle in front, the results are often catastrophic.

Why they happen in Josephine:

• Sudden traffic slowdowns near the US-380/FM 545 intersection
• Driver distraction from GPS devices or dispatch communications
• Following too closely on high-speed rural stretches
• Brake failures from poor maintenance
• Driver fatigue from long hauls

What makes them dangerous:
The massive weight disparity means even low-speed impacts can be deadly. We’ve seen cases where a truck traveling at just 30 mph caused fatal injuries to the occupants of a stopped car.

2. Underride Accidents at Local Intersections

Underride collisions occur when a passenger vehicle slides underneath the trailer of an 18-wheeler. These are among the most horrific accidents we see, often resulting in decapitation or catastrophic head injuries.

Josephine locations at higher risk:

• US-380 at FM 545 (high traffic volume)
• FM 545 at County Road 1000 (poor lighting)
• FM 1778 at County Road 1002 (rural intersection)
• Any intersection where trucks make wide turns

Why they’re so deadly:
The trailer’s height is designed for cargo, not passenger safety. When a car slides underneath, the trailer shears off the roof, exposing occupants to direct impact with the trailer’s underside.

3. Rollover Accidents on Rural Highways

Rollover accidents occur when an 18-wheeler tips onto its side or roof. These are especially common with tanker trucks carrying liquid cargo that can shift during turns.

Josephine areas prone to rollovers:

• Sharp curves on FM 545
• Steep grades on County Road 1000
• Sudden lane changes on US-380
• Wind gusts on open stretches of rural highways

Common causes:

• Taking curves too fast
• Improperly secured cargo that shifts
• Liquid cargo “slosh” in tankers
• Driver overcorrection after tire blowouts
• Wind gusts affecting high-profile trailers

4. Jackknife Accidents on Wet or Icy Roads

A jackknife occurs when the trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic. These accidents frequently result in multi-vehicle pileups.

Why they happen in Josephine:

• Sudden braking on wet or icy roads
• Empty trailers that are more prone to swinging
• Improper braking technique
• Brake imbalances (some brakes working, others not)
• Driver inexperience with emergency maneuvers

The domino effect:
A jackknifed trailer becomes a massive barrier across the roadway. Vehicles approaching at highway speeds often cannot stop in time, leading to secondary collisions that compound the devastation.

5. Wide Turn Accidents in Downtown Josephine

When trucks make right turns, they often need to swing wide to the left first. This creates a dangerous gap that other vehicles may try to enter.

Josephine locations where this occurs:

• US-380 at Main Street
• Business 380 at FM 545
• Any intersection where trucks turn right
• Construction zones with temporary lane configurations

Why they’re so dangerous:
The truck driver may not see vehicles in their right-side blind spot. When the truck completes its turn, it crushes the vehicle that entered the gap.

6. Tire Blowout Accidents on High-Speed Roads

Tire failures on 18-wheelers can cause the driver to lose control, often with catastrophic results for nearby vehicles.

Josephine factors that increase blowout risk:

• Long stretches of US-380 with minimal shade
• Heavy agricultural equipment with improper tire maintenance
• Debris on rural roads that can puncture tires
• Extreme Texas heat that accelerates tire wear

The aftermath:
When a steer tire (front tire) blows out, the truck can veer violently. When a trailer tire blows, the debris can strike following vehicles, causing windshield damage and loss of control.

7. Brake Failure Accidents on Steep Grades

Brake failures are a leading cause of runaway truck accidents. When brakes overheat or fail, the driver may be unable to stop the vehicle.

Josephine areas with brake failure risk:

• FM 545 near the eastern county line (slight grades)
• County Road 1000 approaching US-380
• Any downhill grade where trucks gain speed

Common causes:

• Worn brake pads not replaced
• Improper brake adjustment
• Overheated brakes from long descents
• Deferred maintenance to save costs
• Failure to conduct pre-trip inspections

8. Fatigue-Related Accidents from Long Hauls

Driver fatigue is a leading cause of trucking accidents nationwide, and Josephine sees more than its share due to our location along major freight routes.

Why fatigue is such a problem:

• Drivers under pressure to meet delivery deadlines
• Long stretches of monotonous highway
• Overnight driving when the body naturally wants to sleep
• Violations of federal hours-of-service regulations

The science of fatigue:
Studies show that being awake for 18 hours produces impairment equivalent to a blood alcohol concentration of 0.05%. After 24 hours awake, impairment equals 0.10% – above the legal limit for driving.

Who Is Liable for Your Josephine 18-Wheeler Accident?

One of the most important aspects of trucking accident cases is that multiple parties may be legally responsible for your injuries. Unlike car accidents where typically only one driver is at fault, trucking accidents often involve a web of companies and individuals who share liability.

1. The Truck Driver

The driver who caused the accident may be personally liable for their negligent conduct. Common driver-related causes of accidents include:

• Speeding – especially on US-380 where speed limits change frequently
• Distracted driving – using cell phones, GPS devices, or dispatch radios
• Fatigued driving – violating federal hours-of-service regulations
• Impaired driving – under the influence of drugs or alcohol
• Failure to inspect – not conducting proper pre-trip inspections
• Improper lane changes – especially in blind spots
• Following too closely – not allowing adequate stopping distance
• Running red lights – at intersections like US-380/FM 545

2. The Trucking Company

The motor carrier is often the most important defendant because they have the deepest pockets (highest insurance limits) and the most responsibility for safety.

Vicarious Liability:
Under the legal doctrine of respondeat superior (“let the master answer”), employers are responsible for employees’ negligent acts within the scope of employment. This means the trucking company is automatically liable for the driver’s negligence if the driver was working at the time of the accident.

Direct Negligence:
Trucking companies can also be directly liable for their own negligence through:

• Negligent Hiring: Failing to properly vet drivers before hiring them. This includes:

  • Not checking driving records
  • Hiring drivers with multiple violations
  • Failing to verify CDL status
  • Ignoring previous accidents or license suspensions

• Negligent Training: Providing inadequate safety training. Trucking companies must train drivers on:

  • Hours of service compliance
  • Cargo securement
  • Emergency maneuvers
  • Defensive driving techniques
  • Local route hazards (like Josephine’s specific road conditions)

• Negligent Supervision: Failing to monitor driver performance. This includes:

  • Not tracking hours of service compliance
  • Ignoring repeated violations
  • Failing to address safety complaints
  • Not monitoring speeding or other unsafe behaviors

• Negligent Maintenance: Failing to properly maintain vehicles. Trucking companies must:

  • Conduct regular inspections
  • Repair known defects
  • Replace worn parts
  • Keep maintenance records
  • Follow manufacturer recommendations

• Negligent Scheduling: Pressuring drivers to violate hours of service regulations. This includes:

  • Setting unrealistic delivery deadlines
  • Not allowing adequate rest breaks
  • Encouraging drivers to falsify logbooks
  • Penalizing drivers who refuse to drive fatigued

3. The Cargo Owner/Shipper

The company that owns the cargo and arranged for its shipment may be liable in certain circumstances:

• Improper Loading Instructions: Directing the loading company to secure cargo in an unsafe manner
• Hazardous Cargo: Failing to disclose the hazardous nature of the cargo
• Overweight Loads: Requiring loads that exceed weight limits
• Expedited Shipping: Pressuring the carrier to deliver faster than is safe

4. The Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for improper securement:

• Inadequate Tiedowns: Using insufficient or weak tiedowns
• Improper Distribution: Creating unbalanced loads that affect stability
• Overloading: Exceeding the vehicle’s weight rating
• Failure to Train: Not training loaders on proper securement techniques
• No Re-Inspection: Failing to check cargo during transit

5. Truck and Trailer Manufacturers

The companies that manufactured the truck, trailer, or major components may be liable for defects:

• Design Defects: Flaws in the original design that make the vehicle unsafe
• Manufacturing Defects: Errors in the production process
• Failure to Warn: Not providing adequate warnings about known dangers
• Defective Safety Systems: Malfunctioning brakes, steering, or stability control

6. Parts Manufacturers

Companies that manufacture specific parts (brakes, tires, steering components) may be liable when those parts fail:

• Defective Brakes: Brake components that fail under normal use
• Defective Tires: Tires that blow out due to manufacturing defects
• Defective Steering: Steering components that fail
• Defective Lighting: Lighting systems that don’t meet safety standards

7. Maintenance Companies

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs:

• Negligent Repairs: Failing to properly fix known problems
• Missed Defects: Not identifying critical safety issues during inspections
• Improper Adjustments: Making brake adjustments that don’t meet specifications
• Wrong Parts: Using substandard or incorrect replacement parts
• Returning Unsafe Vehicles: Allowing vehicles with known defects back into service

8. Freight Brokers

Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection:

• Negligent Selection: Choosing carriers with poor safety records
• No Insurance Verification: Failing to confirm adequate insurance coverage
• No Safety Check: Not reviewing carrier CSA scores
• Choosing Cheapest: Selecting carriers based solely on price despite safety concerns

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may have separate liability:

• Negligent Entrustment: Allowing an unfit driver to operate the vehicle
• Failure to Maintain: Not properly maintaining owned equipment
• Knowledge of Unfitness: Knowing the driver was unqualified or unsafe

10. Government Entities

Federal, state, or local government may be liable in limited circumstances:

• Dangerous Road Design: Roads that create hazards for truck traffic
• Poor Maintenance: Potholes, debris, or worn markings that contribute to accidents
• Inadequate Signage: Missing or unclear warning signs
• No Safety Barriers: Failure to install guardrails or other safety features
• Improper Work Zones: Poorly designed construction zones that create hazards

Special Considerations for Government Liability:

• Sovereign immunity limits government liability
• Strict notice requirements apply (often 6 months or less)
• Damages may be capped
• Must prove the government had actual notice of the dangerous condition

The Critical Evidence in Your Josephine Trucking Accident Case

Evidence in trucking accident cases disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act fast, critical evidence will be lost forever.

Electronic Evidence (Most Time-Sensitive)

1. ECM/Black Box Data:
Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box.

What it records:

• Speed before and during the crash
• Brake application timing
• Throttle position
• Engine RPM
• Cruise control status
• Fault codes
• GPS location

Why it’s critical:
This objective data often contradicts what drivers claim happened. We’ve seen cases where drivers said they were traveling at the speed limit, but the ECM data showed they were speeding. We’ve seen cases where drivers claimed they hit their brakes immediately, but the data showed a delay.

Preservation window:
ECM data can be overwritten within 30 days or with new driving events. Some systems retain data for 60-90 days, but we never assume this – we send preservation letters immediately.

2. Electronic Logging Device (ELD) Data:
Federally mandated devices that record driver hours of service.

What it records:

• Driver’s duty status (driving, on-duty not driving, off-duty)
• GPS location
• Driving time
• Engine hours
• Vehicle movement
• Malfunctions

Why it’s critical:
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.

Preservation window:
FMCSA only requires 6 months retention, but once we notify them of litigation, they must preserve everything.

3. Dashcam Footage:
Many trucks have forward-facing and sometimes cab-facing cameras.

What it shows:

• The moments leading up to the crash
• Driver behavior (distraction, fatigue, impairment)
• Road conditions
• Other vehicles’ actions
• The actual impact

Preservation window:
Dashcam footage is often deleted within 7-14 days unless preserved.

4. GPS/Telematics Data:
Many trucks have real-time GPS tracking systems.

What it shows:

• The truck’s exact route
• Speed history
• Hard braking events
• Idling time
• Driver behavior patterns

Preservation window:
Varies by system, but often limited to 30-90 days.

5. Cell Phone Records:
Driver’s phone usage before the accident.

What it shows:

• Text messages
• Phone calls
• App usage
• Distraction evidence

Preservation window:
Requires subpoena, but records may be deleted if not requested quickly.

Driver and Company Records

1. Driver Qualification File:
FMCSA requires trucking companies to maintain a file for every driver containing:

• Employment application
• Driving record check
• Previous employer verification
• Medical certification
• Drug and alcohol test results
• Training documentation
• Annual review records

Why it’s critical:
Missing or incomplete files prove negligent hiring. We look for:

• Gaps in employment history
• Falsified applications
• Missing background checks
• Expired medical certificates
• No drug test results

2. Hours of Service Records:
Paper logs (if still used) or ELD records showing driving time.

Why it’s critical:
Hours of service violations prove driver fatigue. We look for:

• Driving beyond 11-hour limit
• No 30-minute breaks
• Exceeding 14-hour on-duty window
• 60/70-hour weekly violations
• Falsified log entries

3. Maintenance Records:
Documentation of all inspections and repairs.

Why it’s critical:
Maintenance records prove negligent upkeep. We look for:

• Deferred repairs
• Known defects not fixed
• Improper brake adjustments
• Worn parts not replaced
• No pre-trip inspection records

4. Inspection Reports:
Pre-trip, post-trip, and annual inspection reports.

Why it’s critical:
Inspection reports prove whether the driver and company knew about defects. We look for:

• Defects noted but not repaired
• Missing inspection reports
• Incomplete inspections
• No follow-up on known issues

5. Dispatch Records:
Communications between driver and company about routes and deadlines.

Why it’s critical:
Dispatch records can show pressure to violate hours of service. We look for:

• Unrealistic delivery deadlines
• Pressure to drive fatigued
• Incentives for fast delivery
• No allowance for weather or traffic delays

Physical Evidence

1. The Truck and Trailer:
The vehicles themselves are critical evidence.

What we examine:

• Brake condition and adjustment
• Tire wear and tread depth
• Lighting system functionality
• Cargo securement devices
• Underride guard condition
• Any mechanical defects

Preservation challenge:
Trucks are often repaired or moved quickly after accidents. We send preservation letters to prevent this.

2. Failed Components:
Any parts that failed and contributed to the accident.

What we preserve:

• Failed tires
• Broken brake components
• Steering system parts
• Lighting components
• Coupling devices

Why it’s critical:
Failed components may show manufacturing defects that create product liability claims.

3. Cargo:
The cargo being transported and how it was secured.

What we examine:

• Cargo type and weight
• Securement devices used
• Load distribution
• Whether cargo shifted during transport
• Compliance with securement regulations

Why it’s critical:
Improperly secured cargo causes rollovers and loss-of-control accidents.

Scene Evidence

1. Scene Documentation:
Photos and measurements from the accident scene.

What we document:

• Skid marks
• Debris patterns
• Road conditions
• Traffic signals
• Signage
• Weather conditions
• Visibility
• Road geometry

Preservation challenge:
Scene evidence is often cleaned up quickly. We send investigators immediately.

2. Surveillance Video:
Video from nearby businesses or traffic cameras.

What it shows:

• The moments leading up to the crash
• Driver behavior
• Other vehicles’ actions
• Road conditions

Preservation window:
Business cameras typically overwrite within 7-30 days.

3. Witness Statements:
Accounts from people who saw the accident.

What they provide:

• Independent verification of events
• Details the driver may not have seen
• Information about road conditions
• Driver behavior observations

Preservation challenge:
Witness memories fade quickly. We interview them as soon as possible.

The 48-Hour Evidence Preservation Protocol

At Attorney911, we have a strict 48-hour protocol for preserving evidence in Josephine trucking accident cases. Here’s what we do immediately after being retained:

Hour 1: Initial Case Assessment

• Obtain basic accident details
• Identify all potentially liable parties
• Begin drafting preservation letters

Hour 2-6: Send Spoliation Letters

We send formal legal notices to:

• The trucking company
• Their insurance company
• The truck owner (if different)
• The cargo owner
• Any third-party maintenance companies
• Any freight brokers involved

What our spoliation letters demand:

• Immediate download of ECM/black box data
• Preservation of ELD records
• No alteration of dashcam footage
• No repair or disposal of the truck/trailer
• Preservation of all driver records
• Preservation of all maintenance records
• Preservation of all dispatch records
• Preservation of all cargo documentation

Hour 6-12: Scene Investigation

• Dispatch accident reconstruction expert to scene
• Photograph all vehicles before they’re moved
• Document skid marks and debris patterns
• Interview witnesses while memories are fresh
• Canvass area for surveillance video
• Document road conditions and weather

Hour 12-24: Evidence Collection

• Obtain police crash report
• Subpoena cell phone records
• Request driver’s complete driving record
• Obtain carrier’s safety record (CSA scores)
• Download available electronic data

Hour 24-48: Expert Retention

• Retain accident reconstruction expert
• Retain medical experts
• Retain vocational experts
• Retain economic experts
• Retain life care planners
• Retain FMCSA regulation experts

Why this matters for your case:
Evidence preservation is the foundation of a successful trucking accident claim. The sooner we act, the stronger your case will be. We’ve seen too many cases where critical evidence was destroyed because the victim waited too long to hire an attorney.

FMCSA Regulations: The Key to Proving Negligence

The Federal Motor Carrier Safety Administration (FMCSA) regulates every commercial motor vehicle operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.

When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation for Josephine families.

The 6 Critical Parts of FMCSA Regulations

Part	Title	What It Covers	Common Violations in Josephine Cases
Part 390	General Applicability	Definitions, who regulations apply to	Operating without proper authority
Part 391	Driver Qualification	Who can drive, medical requirements	Hiring unqualified drivers
Part 392	Driving Rules	Safe operation, fatigue, drugs, alcohol	Speeding, distracted driving
Part 393	Vehicle Safety	Equipment, cargo securement	Brake failures, improper lighting
Part 395	Hours of Service	How long drivers can drive	Fatigue-related violations
Part 396	Inspection & Maintenance	Vehicle upkeep	Deferred maintenance

Common FMCSA Violations in Josephine Trucking Accidents

1. Hours of Service Violations (49 CFR Part 395)
Hours of service regulations are designed to prevent driver fatigue, which is a leading cause of trucking accidents. These are among the most commonly violated regulations in Josephine cases.

The Rules:

• 11-Hour Driving Limit: Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty
• 14-Hour On-Duty Window: Drivers may not drive beyond the 14th consecutive hour after coming on duty
• 30-Minute Break: Drivers must take a 30-minute break after 8 cumulative hours of driving
• 60/70-Hour Limit: Drivers may not drive after 60 hours in 7 days or 70 hours in 8 days
• 34-Hour Restart: Drivers can restart their 60/70-hour clock with 34 consecutive hours off duty

Why They’re Violated:

• Pressure from trucking companies to meet delivery deadlines
• Financial incentives for faster delivery
• Driver desire to maximize earnings
• Inadequate rest facilities along trucking routes
• Driver inexperience with ELD systems

How We Prove Violations:

• ELD data analysis
• Dispatch records showing unrealistic schedules
• Driver logs (if paper logs are used)
• Witness testimony about driver fatigue
• Pattern of violations from carrier’s safety record

2. False Log Entries (49 CFR § 395.8)
Before ELDs, drivers kept paper logs of their hours. Even with ELDs, some drivers try to falsify records.

Common Falsification Methods:

• Claiming to be off-duty when actually driving
• “Double-clocking” (logging the same hours for multiple days)
• Claiming to be at a shipper/receiver when actually driving
• Using multiple logbooks
• Having someone else log hours

How We Prove Falsification:

• Comparing ELD data to log entries
• Analyzing GPS data
• Reviewing fuel receipts and toll records
• Interviewing shippers/receivers about actual arrival/departure times
• Obtaining cell phone records showing driving during “off-duty” periods

3. Brake System Violations (49 CFR § 393.40-55)
Brake failures are a leading cause of trucking accidents, especially on Josephine’s rural highways where trucks gain speed on long stretches.

Brake Requirements:

• All commercial motor vehicles must have properly functioning brake systems
• Service brakes must be on all wheels
• Parking/emergency brake system must be present
• Air brake systems must meet specific requirements
• Brake adjustment must be maintained within specifications

Common Brake Violations:

• Worn brake pads not replaced
• Improper brake adjustment
• Air brake system leaks
• Contaminated brake fluid
• Missing or damaged brake components
• Brake imbalance (some brakes working, others not)

How We Prove Brake Violations:

• Post-crash brake inspection
• Maintenance records showing deferred repairs
• Driver vehicle inspection reports noting brake issues
• ECM data showing brake application effectiveness
• Expert analysis of brake components

4. Cargo Securement Violations (49 CFR § 393.100-136)
Improperly secured cargo causes rollovers, jackknife accidents, and cargo spills – all of which we see frequently in Josephine.

Cargo Securement Requirements:

• 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:
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

Common Securement Violations:

• Inadequate number of tiedowns
• Weak or worn tiedowns
• Improper load distribution
• No blocking or bracing
• No friction mats to prevent shifting
• Failure to re-inspect cargo during trip
• Loose tarps allowing cargo to shift

How We Prove Securement Violations:

• Post-crash cargo inspection
• Loading company records
• Cargo manifest documentation
• Securement equipment condition
• Driver training records
• Expert analysis of load stability

5. Driver Qualification Violations (49 CFR Part 391)
Trucking companies must ensure their drivers are qualified to operate commercial vehicles safely.

Driver Qualification Requirements:

• At least 21 years old (interstate) or 18 years old (intrastate)
• Can read and speak English sufficiently
• Can safely operate the CMV and cargo type
• Physically qualified under § 391.41
• Have a valid commercial driver’s license (CDL)
• Have completed a driver’s road test or equivalent
• Are not disqualified under § 391.15
• Have completed required entry-level driver training

Driver Qualification File Requirements:
Motor carriers must maintain a file for every driver containing:

• Employment application
• Motor vehicle record from state licensing authority
• Road test certificate or equivalent
• Medical examiner’s certificate
• Annual driving record review
• Previous employer inquiries (3-year driving history)
• Drug and alcohol test records

Common Qualification Violations:

• Hiring drivers with suspended or revoked licenses
• Hiring drivers with multiple accidents or violations
• Failing to verify previous employment
• Allowing drivers to operate without valid medical certificates
• Hiring drivers who fail drug tests
• No background checks
• Incomplete qualification files

How We Prove Qualification Violations:

• Driver qualification file review
• Previous employer interviews
• Driving record analysis
• Drug test result review
• Medical certification verification

6. Drug and Alcohol Violations (49 CFR § 392.4, § 392.5)
Drug and alcohol use impairs drivers’ ability to operate vehicles safely.

The Rules:

• No use of Schedule I controlled substances
• No use of amphetamines, narcotics, or any substance that renders the driver incapable of safe driving
• No possession of Schedule I substances (unless prescribed)
• No alcohol use within 4 hours of driving
• No alcohol use while on duty
• No driving with blood alcohol concentration of 0.04% or higher
• No possession of alcohol while on duty

Common Drug and Alcohol Violations:

• Positive drug tests
• Refusal to submit to testing
• Alcohol use before or during driving
• Prescription drug use that impairs driving
• Illegal drug use

How We Prove Drug and Alcohol Violations:

• Drug and alcohol test results
• Witness testimony about driver behavior
• Empty alcohol containers in the cab
• Prescription drug records
• Driver admissions

7. Mobile Phone Use Violations (49 CFR § 392.82)
Distracted driving is a growing problem in trucking accidents.

The Rules:

• Drivers are prohibited from:
  • Using a hand-held mobile telephone while driving
  • Reaching for a mobile phone in a manner that requires leaving the seated position
  • Texting while driving

Why It’s Dangerous:

• Takes eyes off the road
• Takes hands off the wheel
• Takes mind off driving
• Increases reaction time

How We Prove Mobile Phone Violations:

• Cell phone records showing calls or texts at time of accident
• Witness testimony about driver behavior
• Dashcam footage showing phone use
• Driver admissions

8. Inspection and Maintenance Violations (49 CFR Part 396)
Trucking companies must systematically inspect, repair, and maintain their vehicles.

Maintenance Requirements:

• Systematic inspection, repair, and maintenance
• Pre-trip and post-trip inspections by drivers
• Annual inspections by qualified inspectors
• Repair of known defects
• Maintenance records retention

Common Maintenance Violations:

• Failure to conduct pre-trip inspections
• Ignoring known defects
• Deferred maintenance
• Improper repairs
• Using substandard parts
• No annual inspection
• No maintenance records

How We Prove Maintenance Violations:

• Maintenance records review
• Driver vehicle inspection reports
• Post-crash vehicle inspection
• Mechanic work orders
• Parts purchase records

The Catastrophic Injuries from Josephine 18-Wheeler Accidents

The injuries from 18-wheeler accidents are often catastrophic due to the massive forces involved. At Attorney911, we’ve seen firsthand the devastating impact these injuries have on Josephine families.

1. Traumatic Brain Injury (TBI)

What It Is:
TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull.

Severity Levels:

Level	Symptoms	Prognosis	Lifetime Costs
Mild (Concussion)	Confusion, headache, brief loss of consciousness	Usually recovers, but may have lasting effects	$85,000 – $300,000
Moderate	Extended unconsciousness, memory problems, cognitive deficits	Significant recovery possible with rehabilitation	$900,000 – $3,000,000
Severe	Extended coma, permanent cognitive impairment	Lifelong disability, may require 24/7 care	$3,000,000 – $10,000,000+

Common Symptoms in Josephine Cases:

• Headaches that won’t go away
• Dizziness and balance problems
• Memory loss and confusion
• Difficulty concentrating
• Mood changes and depression
• Sleep disturbances
• Sensitivity to light and sound
• Speech difficulties
• Seizures
• Personality changes

Long-Term Consequences:

• Permanent cognitive impairment
• Inability to work
• Need for ongoing care and supervision
• Increased risk of dementia and Alzheimer’s
• Depression and emotional disorders
• Difficulty with daily activities

2. Spinal Cord Injury

What It Is:
Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

Type	Definition	Impact	Lifetime Costs
Paraplegia	Loss of function below the waist	Cannot walk, may affect bladder/bowel control	$1,100,000 – $2,500,000
Quadriplegia	Loss of function in all four limbs	Cannot walk or use arms, may need breathing assistance	$3,500,000 – $5,000,000+
Incomplete Injury	Some nerve function remains	Variable – may have some sensation or movement	$500,000 – $3,000,000
Complete Injury	No nerve function below injury	Total loss of sensation and movement	$2,000,000 – $5,000,000+

Level of Injury Matters:

• Cervical (Neck) Injuries: Affect arms, hands, trunk, and legs
  • C1-C4: May require ventilator for breathing
  • C5-C8: May have some arm/hand function
• Thoracic (Upper Back) Injuries: Affect trunk and legs
• Lumbar (Lower Back) Injuries: Affect legs and hips
• Sacral (Pelvic) Injuries: Affect hips, thighs, and pelvic organs

Common Complications:

• Pressure sores from immobility
• Respiratory infections
• Bladder and bowel dysfunction
• Chronic pain
• Spasticity (muscle spasms)
• Sexual dysfunction
• Depression and psychological issues

3. Amputation

Types of Amputation:

• Traumatic Amputation: Limb severed at the scene due to crash forces
• Surgical Amputation: Limb so severely damaged it must be surgically removed

Common in 18-Wheeler Accidents Due To:

• Crushing forces from truck impact
• Entrapment requiring amputation for extraction
• Severe burns requiring surgical removal
• Infections from open wounds

Ongoing Medical Needs:

• Initial surgery and hospitalization
• Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
• Replacement prosthetics throughout lifetime (every 3-5 years)
• Physical therapy and rehabilitation
• Occupational therapy for daily living skills
• Psychological counseling
• Home modifications
• Assistive devices

Impact on Life:

• Permanent disability
• Career limitations or total disability
• Phantom limb pain
• Body image and psychological trauma
• Need for home modifications
• Dependency on others for daily activities

4. Severe Burns

How Burns Occur in 18-Wheeler Accidents:

• Fuel tank rupture and fire
• Hazmat cargo spills and ignition
• Electrical fires from battery/wiring damage
• Friction burns from road contact
• Chemical burns from hazmat exposure

Burn Classification:

Degree	Depth	Treatment	Prognosis
First	Epidermis only	Minor, heals without scarring	Full recovery
Second	Epidermis and dermis	May scar, may need grafting	Good recovery with treatment
Third	Full thickness	Requires skin grafts, permanent scarring	Permanent scarring, risk of complications
Fourth	Through skin to muscle/bone	Multiple surgeries, amputation may be required	Permanent disability, high risk of complications

Long-Term Consequences:

• Permanent scarring and disfigurement
• Multiple reconstructive surgeries
• Skin graft procedures
• Chronic pain
• Infection risks
• Psychological trauma
• Limited mobility
• Need for compression garments
• Ongoing physical therapy

5. Internal Organ Damage

Common Internal Injuries in Josephine Trucking Accidents:

• Liver Laceration or Rupture: Can cause life-threatening bleeding
• Spleen Damage: Often requires removal
• Kidney Damage: May require dialysis or transplant
• Lung Contusion or Collapse (Pneumothorax): Can cause breathing difficulties
• Internal Bleeding (Hemorrhage): Can be life-threatening
• Bowel and Intestinal Damage: May require surgical repair

Why They’re Dangerous:

• May not show immediate symptoms
• Internal bleeding can be life-threatening
• Require emergency surgery
• Organ removal affects long-term health
• Can cause permanent disability

6. Wrongful Death

When a Trucking Accident Kills:

Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.

Who Can Bring a Wrongful Death Claim in Texas:

• Surviving spouse
• Children (minor and adult)
• Parents (if no spouse or children)
• Estate representative

Types of Wrongful Death Claims:

• Wrongful Death Action: Compensation for survivors’ losses
• Survival Action: Compensation for decedent’s pain/suffering before death

Damages Available in Texas Wrongful Death Cases:

• Lost future income and benefits
• Loss of consortium (companionship, care, guidance)
• Mental anguish and emotional suffering
• Funeral and burial expenses
• Medical expenses incurred before death
• Pain and suffering experienced by decedent before death
• Punitive damages (in cases of gross negligence)

Texas Statute of Limitations:
2 years from date of death to file wrongful death lawsuit

The Insurance Battle: What Josephine Families Need to Know

Trucking companies and their insurers have one goal: to pay you as little as possible. They have teams of lawyers, adjusters, and investigators working to protect their interests – not yours.

FMCSA Minimum Insurance Requirements

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies.

Federal Minimum Liability Limits:

Cargo Type	Minimum Coverage
Non-Hazardous Freight (10,001+ lbs GVWR)	$750,000
Oil/Petroleum (10,001+ lbs GVWR)	$1,000,000
Large Equipment (10,001+ lbs GVWR)	$1,000,000
Hazardous Materials (All)	$5,000,000
Passengers (16+ passengers)	$5,000,000
Passengers (15 or fewer)	$1,500,000

Why This Matters For Your Josephine Case:

Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available – and often much more. Many carriers carry $1-5 million in coverage.

This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills and financial ruin.

Types of Damages Recoverable

Economic Damages (Calculable Losses):

Category	What’s Included	Example for Josephine Case
Medical Expenses	Past, present, and future medical costs	$500,000 for TBI treatment
Lost Wages	Income lost due to injury and recovery	$200,000 for 2 years off work
Lost Earning Capacity	Reduction in future earning ability	$2,000,000 for permanent disability
Property Damage	Vehicle repair or replacement	$50,000 for totaled car
Out-of-Pocket Expenses	Transportation, home modifications	$100,000 for wheelchair ramp
Life Care Costs	Ongoing care for catastrophic injuries	$5,000,000 for quadriplegia care

Non-Economic Damages (Quality of Life):

Category	What’s Included	Example for Josephine Case
Pain and Suffering	Physical pain from injuries	$1,000,000 for chronic pain
Mental Anguish	Psychological trauma	$500,000 for PTSD
Loss of Enjoyment	Inability to participate in activities	$750,000 for lost hobbies
Disfigurement	Scarring, visible injuries	$300,000 for facial scars
Loss of Consortium	Impact on marriage/family relationships	$500,000 for spouse’s loss
Physical Impairment	Reduced physical capabilities	$1,000,000 for paralysis

Punitive Damages (Punishment for Gross Negligence):

Punitive damages may be available when the trucking company or driver acted with:

• Gross negligence
• Willful misconduct
• Conscious indifference to safety
• Fraud (falsifying logs, destroying evidence)

Common Insurance Company Tactics

At Attorney911, we have a unique advantage: our associate attorney Lupe Peña spent years working for a national insurance defense firm. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims. Now he uses that insider knowledge to fight for Josephine families.

Common Tactics & Our Counter-Strategies:

Insurance Company Tactic	How They Use It	Our Counter-Strategy
Quick Lowball Settlement Offers	Offer fast settlement before you understand your injuries	NEVER accept early offers; we calculate full future damages first
Denying or Minimizing Injuries	Claim injuries aren’t as serious as you say	Obtain comprehensive medical documentation and expert testimony
Blaming the Victim	Claim you were partially at fault	Investigate fully; gather evidence disproving fault allegations
Delaying the Claims Process	Drag out the process hoping you’ll accept less	File lawsuit to force discovery; set depositions
Using Recorded Statements	Get you to say things that hurt your case	Advise clients NEVER give statements without attorney present
“Pre-Existing Condition” Defense	Claim your injuries existed before the accident	Apply Texas “Eggshell Skull” doctrine (take plaintiff as found)
“Gap in Treatment” Attacks	Claim you weren’t really injured if you missed appointments	Document all treatment; explain gaps with medical records
Sending Surveillance Investigators	Follow you to catch you doing activities that “prove” you’re not injured	Advise clients on appropriate conduct; expose unfair surveillance
Hiring “Independent” Medical Examiners	Have their doctors examine you and claim you’re not injured	Counter with your treating physicians and independent experts
Drowning You in Paperwork	Overwhelm you with requests to delay resolution	Aggressive litigation and motion practice to force resolution

The Nuclear Verdict Trend in Trucking Cases

Juries across Texas and the nation are awarding massive verdicts against trucking companies that prioritize profits over safety. These “nuclear verdicts” are changing the trucking industry and strengthening our ability to negotiate fair settlements for Josephine families.

Recent Major Trucking Verdicts (2024-2025):

Amount	Year	Location	Case Details
$462 Million	2024	St. Louis, MO	Underride accident – two men decapitated
$160 Million	2024	Alabama	Daimler – quadriplegic injury from rollover
$141.5 Million	2024	Florida	Defunct carrier crash
$90 Million	—	Houston, TX	Truck driver burned in explosion
$37.5 Million	2024	Texas	Trucking verdict
$35.5 Million	—	Texas	Family injured in truck accident
$35 Million	2025	Fort Worth, TX	Largest verdict in Tarrant County history

Historic Landmark Verdicts:

Amount	Year	Case Details
$1 Billion	2021	Florida – 18-year-old killed; $100M compensatory + $900M punitive
$411 Million	2020	Florida – 45-vehicle pileup, motorcyclist severely injured

Why Nuclear Verdicts Happen:

Juries award massive verdicts when they find:

• Trucking company knowingly hired dangerous drivers
• Company ignored safety violations for profit
• Evidence was destroyed (spoliation)
• Falsified hours-of-service logs
• Pattern of similar violations
• Corporate culture prioritizing profit over safety
• Egregious disregard for human life

What This Means For Your Josephine Case:

These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages – which strengthens our ability to negotiate fair settlements without going to trial.

Why Choose Attorney911 for Your Josephine 18-Wheeler Accident Case

When you’re facing the aftermath of a catastrophic 18-wheeler accident in Josephine, you need more than just any attorney – you need a team with the specific experience, resources, and dedication to fight for maximum compensation.

1. Deep Experience with Texas Trucking Cases

Our managing partner, Ralph Manginello, has been fighting for trucking accident victims across Texas for over 25 years. He knows:

• The specific trucking corridors around Josephine
• The Collin County court system and judges
• The tactics trucking companies use to avoid liability
• How to build cases that maximize compensation

We’ve handled cases against major commercial defendants including:

• Walmart trucking operations
• Coca-Cola distribution vehicles
• Amazon delivery trucks
• FedEx trucks
• UPS trucks
• Various commercial trucking companies

2. Insider Knowledge of Insurance Company Tactics

Our associate attorney Lupe Peña spent years working for a national insurance defense firm. He knows:

• How insurance companies evaluate claims
• How adjusters are trained to minimize payouts
• What makes them settle cases
• How they deny claims
• The claims valuation software they use

This insider knowledge gives us an unfair advantage in negotiations. As Lupe says: “I watched adjusters minimize claims. I saw how they train their people to lowball victims. Now I use that knowledge to fight for maximum compensation.”

3. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission is critical for:

• Interstate trucking cases that cross state lines
• Cases involving federal regulations
• Complex multi-party litigation
• Cases with national defendants

4. Proven Track Record of Results

While every case is unique, our firm has a history of achieving significant results for trucking accident victims:

• $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

These results demonstrate our ability to handle complex cases and secure substantial compensation for our clients.

5. Comprehensive Investigation Resources

We have the resources to thoroughly investigate your Josephine trucking accident:

• Accident Reconstruction Experts: To determine exactly what happened
• Medical Experts: To document the full extent of your injuries
• Vocational Experts: To calculate lost earning capacity
• Economic Experts: To determine the present value of all damages
• Life Care Planners: To develop comprehensive care plans for catastrophic injuries
• FMCSA Regulation Experts: To identify all regulatory violations

6. Aggressive Litigation Approach

We prepare every case as if it’s going to trial. This approach:

• Creates leverage in settlement negotiations
• Forces insurance companies to take your case seriously
• Demonstrates our willingness to go to court
• Results in better settlement offers

Most cases settle before trial, but insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys.

7. Local Knowledge of Josephine and Collin County

We understand the specific challenges of Josephine trucking accident cases:

• The local trucking corridors and their hazards
• The Collin County court system and procedures
• The local jury pool and their attitudes
• The local medical providers and rehabilitation facilities
• The local economic factors that affect case valuation

8. Spanish-Language Services

Josephine has a significant Hispanic community, and we’re proud to serve Spanish-speaking clients directly:

• Our associate attorney Lupe Peña is fluent in Spanish
• We have Spanish-speaking staff members
• We provide consultations in Spanish
• We can communicate with Spanish-speaking witnesses
• We understand the cultural nuances that affect trucking accident cases

Hablamos Español. Llame al 1-888-ATTY-911.

9. Contingency Fee Representation

We work on a contingency fee basis – you pay nothing unless we win your case. This means:

• No upfront costs
• No hourly fees
• No retainers
• No financial risk to you
• We only get paid if we recover compensation for you

Our fee comes from the settlement or verdict, not from your pocket.

10. Compassionate Client Service

We understand the physical, emotional, and financial toll that a catastrophic trucking accident takes on Josephine families. We treat every client like family, with:

• Personal attention to your case
• Regular communication and updates
• Compassionate support throughout the process
• Respect for your time and concerns
• Dedication to your best interests

As one of our clients, Chad Harris, said: “You are NOT just some client… You are FAMILY to them.”

What to Do After an 18-Wheeler Accident in Josephine

If you’ve been involved in an 18-wheeler accident in Josephine, taking the right steps immediately can make a significant difference in your case.

1. Call 911 and Report the Accident

• Request police and emergency medical services
• Report all injuries, no matter how minor they seem
• Request a police report – this creates an official record

2. Seek Medical Attention Immediately

• Go to the emergency room or urgent care
• Even if you feel okay, get checked out – adrenaline masks pain
• Follow all medical advice and treatment plans
• Document all injuries and symptoms

3. Document the Scene

If you’re able to do so safely:

• Take photos of all vehicles involved
• Photograph damage to your vehicle and the truck
• Take photos of the accident scene, including:
  • Skid marks
  • Debris patterns
  • Road conditions
  • Traffic signals
  • Weather conditions
  • Your injuries
• Get contact information from witnesses

4. Obtain Critical Information

• Truck driver’s name, CDL number, and contact information
• Trucking company name and DOT number
• Insurance information for all parties
• License plate numbers for all vehicles
• Names and contact information for witnesses

5. Do NOT Give Recorded Statements

• Insurance adjusters will call quickly
• They will ask for a recorded statement
• Do NOT give any statements without consulting an attorney
• Anything you say can be used against you

6. Call Attorney911 Immediately

• The sooner you call, the sooner we can protect your rights
• We’ll send preservation letters to protect critical evidence
• We’ll begin investigating your case immediately
• We’ll handle all communications with insurance companies

7. Follow Up on Medical Treatment

• Attend all follow-up appointments
• Follow your doctor’s treatment plan
• Keep records of all medical visits and expenses
• Document how your injuries affect your daily life

Frequently Asked Questions About Josephine 18-Wheeler Accidents

1. What should I do immediately after an 18-wheeler accident in Josephine?

If you’ve been in a trucking accident in Josephine, 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

2. 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. Josephine hospitals like Medical City McKinney and Texas Health Presbyterian Hospital Plano are equipped to identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

3. 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

4. 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.

5. How quickly should I contact an 18-wheeler accident attorney in Josephine?

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.

6. Who can I sue after an 18-wheeler accident in Josephine?

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.

7. Is the trucking company responsible even if the driver caused the accident?

Usually YES. Under the doctrine of respondeat superior, employers are responsible 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)

8. 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.

9. 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
• Throttle position
• Whether cruise control was engaged
• GPS location

This objective data often contradicts what drivers claim happened.

10. 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.

11. 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.

12. 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

13. 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

14. 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
• 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.

15. 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

16. 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.

17. 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.

18. What injuries are common in 18-wheeler accidents?

Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:

• Traumatic brain injury (TBI)
• Spinal cord injuries and paralysis
• Amputations
• Severe burns
• Internal organ damage
• Multiple fractures
• Wrongful death

19. How much are 18-wheeler accident cases worth in Josephine?

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.

20. What if my loved one was killed in a trucking accident in Josephine?

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.

21. How long do I have to file an 18-wheeler accident lawsuit in Texas?

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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. What if the truck driver was an independent contractor?

This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

29. How do cargo spills create liability?

Improperly secured cargo can:

• Shift during transport, causing rollovers
• Fall from the truck, striking other vehicles
• Create road hazards that cause secondary accidents
• Spill hazardous materials, creating additional dangers

The cargo owner, loading company, and trucking company may all share liability.

30. What if a tire blowout caused my accident?

Tire blowouts can cause the driver to lose control. We investigate:

• Tire maintenance and inspection records
• Tire age and wear
• Vehicle weight records
• Tire manufacturer and purchase records
• Whether the blowout was caused by a manufacturing defect

31. How do brake failures get investigated?

Brake failures are a leading cause of trucking accidents. We investigate:

• Brake inspection and maintenance records
• Out-of-service inspection history
• ECM data showing brake application effectiveness
• Post-crash brake system analysis
• Driver vehicle inspection reports
• Mechanic work orders and parts records

32. What if the truck’s dashcam recorded the accident?

Dashcam footage can be critical evidence. We:

• Demand immediate preservation of all footage
• Analyze the video for driver behavior
• Use the footage to reconstruct the accident
• Present the video to insurance companies and juries

33. Can I get the truck’s GPS data?

Yes. GPS and telematics data shows:

• The truck’s exact route
• Speed history
• Hard braking events
• Idling time
• Driver behavior patterns

This data can prove speeding, fatigue, and other violations.

34. What if road conditions contributed to my accident?

Government entities may be liable for:

• Dangerous road design
• Failure to maintain roads
• Inadequate signage
• Failure to install safety barriers
• Improper work zone setup

Special rules apply to government liability cases, so it’s important to act quickly.

35. Can I sue for PTSD after a trucking accident?

Yes. PTSD (Post-Traumatic Stress Disorder) compensation is available. Victims experience:

• Flashbacks to the accident
• Severe anxiety
• Depression
• Sleep disturbances
• Avoidance of driving or certain locations

Documentation from doctors, psychologists, or therapists is required.

36. What if I was partially at fault for the accident?

Texas follows “modified comparative negligence.” As long as you’re not more than 50% at fault, you can still recover damages. Your recovery will be reduced by your percentage of fault. Our job is to minimize the fault attributed to you through thorough investigation and evidence gathering.

37. How do you prove the driver was fatigued?

We prove fatigue through:

• ELD data showing hours of service violations
• Dispatch records showing pressure to drive fatigued
• Witness testimony about driver behavior
• Pattern of violations from the carrier’s safety record
• Cell phone records showing driving during “off-duty” periods

38. What is the FMCSA and how does it help my case?

The Federal Motor Carrier Safety Administration regulates all commercial motor vehicles. FMCSA regulations establish safety standards that trucking companies must follow. When companies violate these regulations, it proves negligence and strengthens your case.

39. Can I access the trucking company’s safety record?

Yes. FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:

• CSA (Compliance, Safety, Accountability) scores
• Inspection history and out-of-service rates
• Crash history
• Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

40. What experts do you use in trucking cases?

We retain:

• Accident reconstruction experts
• Medical experts
• Vocational experts
• Economic experts
• Life care planners
• FMCSA regulation experts
• Product liability experts (if defects are involved)

41. How are wrongful death damages calculated?

Wrongful death damages include:

• Lost future income and benefits
• Loss of consortium (companionship, care, guidance)
• Mental anguish and emotional suffering
• Funeral and burial expenses
• Medical expenses incurred before death
• Pain and suffering experienced by decedent before death
• Punitive damages (if gross negligence)

42. What if there’s not enough insurance?

If the at-fault driver has insufficient insurance, your own Underinsured Motorist (UIM) coverage may apply. We investigate all available insurance policies to maximize your recovery.

43. How do you determine all liable parties?

Our investigation process:

1. Immediate evidence preservation
2. FMCSA records review
3. Driver Qualification File subpoena
4. Corporate structure analysis
5. Accident reconstruction
6. Defect investigation

44. What if the trucking company goes bankrupt?

Even if the trucking company goes bankrupt, their insurance coverage remains available to compensate victims. We pursue all available insurance policies to ensure you receive fair compensation.

45. How do you calculate future medical expenses?

We work with medical experts and life care planners to:

• Document all current medical needs
• Project future treatment requirements
• Calculate the cost of future care
• Determine the present value of future expenses

46. What is loss of earning capacity?

If your injuries prevent you from returning to your previous job or reduce your earning potential, you may be entitled to compensation for:

• The difference between your pre-accident and post-accident earnings
• The value of lost career advancement opportunities
• The cost of retraining for a new career

We work with vocational experts to calculate these damages.

47. Can I get compensation for pain and suffering?

Yes. Pain and suffering compensation accounts for:

• Physical pain from your injuries
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Disfigurement and visible scars
• Physical limitations and disabilities

Texas has no cap on pain and suffering damages in motor vehicle cases.

48. When are punitive damages available?

Punitive damages may be available when the trucking company or driver acted with:

• Gross negligence
• Willful misconduct
• Conscious indifference to safety
• Fraud (falsifying logs, destroying evidence)

49. How do you prove punitive damages?

We prove punitive damages by showing:

• A pattern of safety violations
• Corporate policies that encouraged violations
• Knowledge of dangerous practices
• Failure to correct known problems
• Destruction of evidence
• Falsification of records

50. Why should I hire Attorney911 for my Josephine trucking accident case?

When you choose Attorney911, you’re getting:

• 25+ years of experience fighting trucking companies
• A team that includes a former insurance defense attorney
• Federal court experience for complex cases
• Deep knowledge of Josephine’s trucking corridors and courts
• Spanish-language services for our Hispanic community
• A proven track record of multi-million dollar results
• Aggressive litigation approach that forces fair settlements
• Compassionate client service that treats you like family
• Contingency fee representation – you pay nothing unless we win

Contact Attorney911 Today

If you or a loved one has been injured in an 18-wheeler accident in Josephine, Texas, don’t wait. Evidence is disappearing every hour. The trucking company has lawyers working to protect them – you need someone protecting you.

Call Attorney911 now at 1-888-ATTY-911 for a free consultation. We’re available 24/7 to answer your questions and begin protecting your rights.

Hablamos Español. Llame al 1-888-ATTY-911.

Remember: The trucking company is hoping you don’t know your rights. Let’s change that. You deserve an attorney who will fight for every dollar you’re entitled to.

“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client

Don’t let the trucking company push you around. Call Attorney911 – we push back harder.