Fatal 18-Wheeler and Tractor-Trailer Crashes in City of Nevada, Texas

You’re reading this because someone you love didn’t come home from one of the roads most people in City of Nevada drive every day without thinking about it. A fully loaded eighteen-wheeler traveling at highway speed on Interstate 30, U.S. Highway 69, or the President George Bush Turnpike doesn’t leave time to react when something goes wrong. A fatal crash involving a semi-truck isn’t just a tragic accident—it’s a catastrophic event that changes lives forever, and the legal framework Texas provides for surviving families is already running on a clock you may not know about.

At Attorney 911, we’ve been representing families in fatal commercial vehicle crashes across Texas since 1998. Ralph Manginello, our managing partner, has spent his entire career holding trucking companies accountable for the devastation their negligence causes. Lupe Peña, our associate attorney, spent years working for insurance defense firms, where he learned exactly how carriers minimize claims—knowledge we now use to fight for you. We know the corridors that run through City of Nevada, the trauma centers serving this region, and the county courts where these cases will be decided. Most importantly, we know how to preserve the evidence that disappears when carriers control it.

The Reality of Fatal Truck Crashes in City of Nevada and Collin County

City of Nevada sits in Collin County, one of the fastest-growing regions in Texas. With over 1.2 million residents and major highways like Interstate 30, U.S. Highway 69, and the President George Bush Turnpike carrying heavy commercial traffic, the risk of fatal truck crashes is a daily reality. In 2024 alone, Collin County recorded 15,348 crashes—67 of them fatal. That’s one crash every 34 minutes and one fatality every 5.5 days. When those crashes involve commercial vehicles, the outcomes are often catastrophic.

On Interstate 30 near Fate, a stretch known for sudden congestion during rush hour, rear-end collisions involving tractor-trailers are alarmingly common. The Texas Department of Transportation’s Crash Records Information System (CRIS) shows that “Failed to Control Speed” was the leading contributing factor in Texas crashes in 2024, with 131,978 incidents and 513 fatalities. When an 80,000-pound truck fails to maintain a safe following distance—required by federal law to be at least one second for every 10 feet of vehicle length—the physics of a collision at highway speeds leaves little chance for survival.

For families in City of Nevada, these aren’t just statistics. They’re the wreck that closed the interstate last Tuesday, the ambulance your neighbor heard at 2 a.m., or the flowers on the overpass at the intersection of Highway 69 and FM 544. When the unthinkable happens, Texas law provides a structured path for holding the responsible parties accountable—but only if you act within the narrow window the law allows.

Texas Wrongful Death and Survival Claims: What the Law Provides

Texas Civil Practice and Remedies Code Section 16.003 gives surviving families exactly two years from the date of the fatal injury to file a wrongful death claim. That clock starts ticking the day of the crash—not the day of the funeral, not the day the autopsy report is finalized, and not the day the police report is released. Once that two-year window closes, the case is barred forever, and the carrier walks away from a viable claim because the file was never opened.

Under Section 71.004, the surviving spouse, children, and parents of the deceased each hold an independent wrongful death claim. This means a fatal crash in City of Nevada isn’t just one case—it’s multiple statutory claims that must be filed within the two-year deadline. Section 71.021 also preserves the decedent’s own survival action for the estate, covering the conscious pain and mental anguish they endured between the injury and death. For example, if your loved one was trapped in the wreckage for 20 minutes before succumbing to their injuries, the estate can pursue compensation for that suffering.

The damages available under Texas law include:

• Pecuniary loss (financial support the deceased would have provided)
• Loss of companionship and society (the emotional bond between the deceased and their family)
• Mental anguish (the emotional pain and suffering of the survivors)
• Loss of inheritance (what the deceased would have saved and left to their heirs)
• Exemplary damages (punitive damages where gross negligence is proven)

In cases involving commercial vehicles, gross negligence is often a key factor. Under Chapter 41 of the Texas Civil Practice and Remedies Code, gross negligence requires clear and convincing evidence that the defendant acted with objective awareness of an extreme risk and proceeded anyway. For example, if the truck driver had a history of hours-of-service violations and the carrier ignored prior preventability determinations, that could support a claim for exemplary damages—with no statutory cap if the underlying conduct was a felony, such as intoxication manslaughter.

The Federal Regulations That Trucking Companies Are Supposed to Follow

Commercial trucking is one of the most heavily regulated industries in the United States, governed by the Federal Motor Carrier Safety Regulations (FMCSR) under 49 C.F.R. Parts 390 through 399. These regulations set the standard of care for every motor carrier operating in Texas, and violations of these rules can support a claim for negligence per se under Texas law.

Key regulations that frequently come into play in fatal truck crashes include:

• Hours of Service (49 C.F.R. Part 395): Property-carrying commercial drivers are limited to 11 hours of driving within a 14-hour duty window, after 10 consecutive hours off duty. The electronic logging device (ELD) mandate, in effect since December 2017, records every minute the truck is in motion. When the ELD shows a driver was on duty beyond the legal limit, it’s not just negligence—it’s a violation of federal law.
• Driver Qualification (49 C.F.R. Part 391): Carriers must verify a driver’s employment history, medical certification, and driving record before hiring. The Pre-Employment Screening Program (PSP) report, maintained by the FMCSA, tracks a driver’s crash and inspection history. If the carrier hired a driver with a documented history of preventable crashes or hours-of-service violations, that’s negligent hiring.
• Vehicle Maintenance (49 C.F.R. Part 396): Carriers must conduct pre-trip inspections, monthly brake checks, and regular maintenance. If a brake failure or tire blowout contributed to the crash, the carrier’s maintenance records will show whether they complied with federal standards.
• Cargo Securement (49 C.F.R. Part 393): Improperly secured cargo can shift during transit, causing rollovers or loss-of-control crashes. Load securement violations are a common contributing factor in fatal truck crashes.
• Drug and Alcohol Testing (49 C.F.R. Part 382): Post-accident drug and alcohol testing is mandatory under Section 382.303. If the driver tested positive for controlled substances, that’s not just negligence—it’s gross negligence under Texas law, opening the door to exemplary damages.

When a carrier violates these regulations, it’s not just a paperwork issue—it’s evidence of corporate negligence. We subpoena the ELD data, the driver’s qualification file, the maintenance records, and the post-accident drug test results to build a case that holds the carrier accountable.

The Investigation We Begin Within 48 Hours

Within hours of a fatal commercial vehicle crash in City of Nevada, we send a preservation letter to the motor carrier, the broker, the shipper, and any third-party telematics provider. This letter identifies the evidence that must be preserved:

• The truck’s electronic control module (ECM) and event data recorder (EDR)
• The electronic logging device (ELD) data
• Dashcam footage (driver-facing and forward-facing)
• Dispatch communications and routing records
• Qualcomm or PeopleNet telematics data
• Maintenance and inspection records
• The driver’s qualification file
• Prior preventability determinations
• Post-accident drug and alcohol screens
• Any Form MCS-90 endorsement on the policy

We put the carrier on notice that spoliation of evidence will be argued—and an adverse inference charge will be sought—if any of this data disappears. By the time the defense files its answer, the record is locked.

In the first 72 hours, we also:

• Pull the FMCSA Pre-Employment Screening Program (PSP) record on the driver
• Pull the carrier’s Safety Measurement System (SMS) profile by USDOT number
• Open the FMCSA SAFER profile to review the carrier’s compliance history
• Identify all potentially liable parties, including the driver, the carrier, the broker, the shipper, and any third-party contractors

This isn’t just procedural work—it’s the foundation of your case. The carrier’s insurer is already building its defense strategy. We build ours to counter it.

The Defendants Beyond the Driver

In a fatal truck crash in City of Nevada, the driver is often just one of many defendants. The carrier that employed them, the broker that arranged the load, the shipper that directed the haul, and even the manufacturer of a defective part can all share liability. Here’s how we pursue each one:

• The Motor Carrier: Under the doctrine of respondeat superior, an employer is liable for an employee’s negligence committed within the course and scope of employment. We also pursue direct negligence claims against the carrier for negligent hiring, training, supervision, and retention.
• The Freight Broker: Brokers have a duty to vet the carriers they hire. Under cases like Miller v. C.H. Robinson, brokers can be held liable for negligent selection if they dispatch a load to a carrier with a documented safety record.
• The Shipper: If the shipper directed unsafe loading, scheduling, or routing, they can be held liable for contributing to the crash.
• The Maintenance Contractor: If a third-party mechanic performed inadequate maintenance on the truck, they can be held liable for the resulting mechanical failure.
• The Parts Manufacturer: If a defective part—such as a brake system, tire, or steering component—contributed to the crash, the manufacturer can be held strictly liable under Texas product liability law.
• The Government Entity: If road design, signage, or maintenance contributed to the crash, we may pursue a claim under the Texas Tort Claims Act (Chapter 101 of the Texas Civil Practice and Remedies Code). This requires filing a notice of claim within six months of the incident.

For example, if the crash occurred at an intersection with a history of signal malfunctions, we’ll investigate whether the Texas Department of Transportation or the City of Nevada failed to address a known hazard. If the truck was part of a corporate fleet—such as Amazon DSP, FedEx Ground, or Sysco—we’ll pursue the parent corporation under alter-ego or single-business-enterprise theories.

How Texas Pattern Jury Charges Submit Damages to a Jury

In a wrongful death case arising from a fatal truck crash in City of Nevada, the jury will answer specific questions submitted under the Texas Pattern Jury Charges (PJC). These questions determine liability and damages. Here’s how they break down:

• PJC 27.1 (General Negligence): Did the defendant’s negligence proximately cause the death? This is the core liability question.
• PJC 27.2 (Negligence Per Se): If the defendant violated a federal regulation (such as hours-of-service limits or maintenance requirements), did that violation proximately cause the death? This is a powerful tool for proving liability.
• PJC 5.1 (Gross Negligence): If the defendant’s conduct rose to the level of gross negligence, the jury can award exemplary damages. This requires clear and convincing evidence of an extreme risk that the defendant was aware of but proceeded with anyway.
• Damages Questions: The jury will assign specific dollar amounts for:
  • Pecuniary loss (financial support the deceased would have provided)
  • Loss of companionship and society
  • Mental anguish
  • Loss of inheritance
  • Exemplary damages (if gross negligence is proven)

For example, if the truck driver had a history of hours-of-service violations and the carrier ignored prior preventability determinations, the jury could find that the carrier’s conduct was grossly negligent. Under Texas law, exemplary damages for gross negligence are not capped if the underlying conduct was a felony (such as intoxication manslaughter).

The Defense Playbook in City of Nevada Trucking Cases—and Our Answer

Trucking companies and their insurers follow a predictable playbook in fatal crash cases. Here’s what they’ll argue—and how we counter it:

1. Quick Lowball Settlement: The adjuster will call within days of the crash, offering a small settlement designed to be accepted before you talk to a lawyer. Our answer: First offers are always a fraction of what your case is worth. We never advise a client to sign a release in the first 96 hours.
2. Comparative Negligence: They’ll claim you or your loved one was partially at fault—for example, that they were speeding, not wearing a seatbelt, or changed lanes unsafely. Our answer: Texas follows modified comparative negligence under Chapter 33 of the Texas Civil Practice and Remedies Code. Even if your loved one was 50% at fault, you can still recover. We develop evidence to push fault back where it belongs.
3. Pre-Existing Conditions: They’ll argue that your loved one had prior health issues that contributed to their death. Our answer: The “eggshell plaintiff” doctrine means the defendant takes the victim as they find them. If the crash worsened a pre-existing condition, the defendant is liable for the aggravation.
4. Delayed Treatment: They’ll claim that if your loved one didn’t seek immediate medical attention, their injuries weren’t serious. Our answer: Adrenaline masks pain, and traumatic brain injury (TBI) symptoms can take days or weeks to appear. We document the medical evidence to prove causation.
5. Spoliation of Evidence: They won’t announce this—they’ll just do it. ELD data, dashcam footage, and dispatch records “disappear” before discovery. Our answer: We send preservation letters within 24 hours of taking the case. Every black box record, every ELD log, and every maintenance file is locked down before they can “accidentally” delete it.
6. IME Doctor Selection: They’ll hire an “independent” medical examiner who finds that your loved one wasn’t as injured as they claimed. Our answer: Lupe Peña hired these doctors when he worked for insurance companies. He knows the panel. We counter with treating physicians and independent experts the carrier can’t impeach.
7. Surveillance: Investigators will photograph you doing anything that looks “normal.” Our answer: Insurers take innocent activity out of context. As Lupe says, “They freeze one frame of you moving ‘normally’ and ignore the ten minutes of you struggling before and after.”
8. Delay Tactics: They’ll drag the case out, hoping you’ll settle for less out of financial desperation. Our answer: We file early to force discovery. We set depositions. We make the carrier carry the cost of delay.

The Two-Year Clock Under Section 16.003

Texas Civil Practice and Remedies Code Section 16.003 gives you exactly two years from the date of the fatal injury to file a wrongful death claim. That clock runs whether or not the carrier’s insurer is returning your calls. Once it runs out, the case is barred forever, and the carrier walks away from a viable claim.

For families in City of Nevada, this means:

• The day of the crash started the clock.
• The clock doesn’t stop for grief, funerals, or medical bills.
• The clock doesn’t wait for you to feel ready to talk to a lawyer.
• The clock doesn’t care if the carrier’s insurer is ignoring you.

We’ve seen cases where families waited too long, thinking they had more time—only to learn that the two-year deadline had passed. Don’t let that happen to you.

How Attorney 911 Approaches Your City of Nevada Case

At Attorney 911, we don’t just represent families—we fight for them. Here’s how we approach your case:

1. Immediate Evidence Preservation: Within 24 hours, we send preservation letters to the carrier, broker, shipper, and any third-party telematics provider. We lock down the ELD data, dashcam footage, maintenance records, and driver qualification file before they can disappear.
2. Federal Data Pulls: We pull the FMCSA Pre-Employment Screening Program (PSP) record on the driver and the Safety Measurement System (SMS) profile on the carrier. These records show the driver’s crash history, inspection violations, and the carrier’s compliance record.
3. Accident Reconstruction: We work with accident reconstruction experts to analyze the crash dynamics, including speed, braking, and impact forces. This helps us prove how the crash happened and who was at fault.
4. Medical Expertise: We consult with medical experts to document the extent of your loved one’s injuries and the pain and suffering they endured. This is critical for proving damages in the survival action.
5. Multi-Defendant Strategy: We pursue every potentially liable party—driver, carrier, broker, shipper, manufacturer, and government entity. We don’t stop at the driver.
6. Litigation Readiness: We prepare every case as if it’s going to trial. This creates negotiating strength and forces the carrier to take your claim seriously.

Ralph Manginello has been representing families in fatal truck crashes since 1998. He’s admitted to federal court in the Southern District of Texas, where many of these cases are filed. Lupe Peña’s background in insurance defense gives us an insider’s view of how carriers minimize claims—knowledge we use to fight for you.

What Your Case May Be Worth

Every case is unique, but we’ve recovered multi-million-dollar settlements for families in cases just like yours. Here’s what some of our past results look like (remember, every case is different, and past results don’t guarantee future outcomes):

• Logging Brain Injury — $5+ Million: Multi-million-dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company.
• Car Accident Amputation — $3.8+ Million: In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.
• Trucking Wrongful Death — Millions: At Attorney 911, our personal injury attorneys have helped numerous families facing trucking-related wrongful death cases recover millions of dollars in compensation.
• Maritime Jones Act Back Injury — $2+ Million: In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we reached a significant cash settlement.

What your case is worth depends on:

• The severity of your loved one’s injuries
• The extent of their pain and suffering before death
• The financial support they would have provided
• The emotional impact on the surviving family
• Whether the carrier’s conduct was grossly negligent

We’ll evaluate your case thoroughly and give you an honest assessment of its value.

Why Choose Attorney 911?

When you’re facing the aftermath of a fatal truck crash, you need a law firm that understands the legal, emotional, and procedural challenges you’re up against. Here’s why families in City of Nevada choose us:

1. We Know Trucking Cases: Most personal injury firms have never read 49 C.F.R. Parts 390 through 399. We have. We subpoena ELD data, analyze black boxes, and pull the carrier’s SMS profile before discovery formally opens.
2. We Sue Trucking Companies: We don’t stop at the driver. We pursue the carrier, the broker, the shipper, and the corporate parent. Trucking companies count on plaintiffs’ counsel who stop at the driver. We start at the corporate parent and work down.
3. We Have Insurance Defense Experience: Lupe Peña worked for years at a national defense firm, where he learned how insurance companies value claims. He knows their tactics because he used them. Now he fights for you.
4. We’re Bilingual: Hablamos Español. Lupe Peña is fluent, and we have bilingual staff members who can assist you. No interpreters needed.
5. We’re Local: We live in Texas. We drive these roads. When an unsafe truck threatens our community, it’s personal.
6. We’re Available 24/7: Our hotline, 1-888-ATTY-911, is answered by live staff—not an answering service. We’re here when you need us.

What to Do Next

If you’ve lost a loved one in a fatal truck crash in City of Nevada, the most important thing you can do right now is preserve the evidence. Here’s how we can help:

1. Call 1-888-ATTY-911 for a free case evaluation. In 15 minutes, we’ll tell you what your case may be worth and what steps to take next.
2. Don’t talk to the insurance adjuster. Anything you say can be used against you. Let us handle the communication.
3. Don’t sign anything. The carrier’s first offer is always low. We’ll evaluate it against the full value of your claim.
4. Preserve the evidence. We’ll send preservation letters to the carrier and begin gathering the records we need to build your case.

The two-year clock is ticking. The sooner you act, the stronger your case will be.

Frequently Asked Questions

Q: How long do I have to file a wrongful death claim?
A: Texas law gives you two years from the date of the fatal injury to file a wrongful death claim under Section 16.003 of the Texas Civil Practice and Remedies Code. The clock starts the day of the crash, not the day of the funeral or the autopsy report.

Q: What if the truck driver was also killed in the crash?
A: The driver’s death doesn’t end your claim. The carrier, broker, shipper, and other potentially liable parties can still be held accountable. We’ll pursue every defendant to ensure you receive full compensation.

Q: Can I sue the trucking company, or just the driver?
A: You can—and should—sue the trucking company. Under the doctrine of respondeat superior, employers are liable for their employees’ negligence. We also pursue direct negligence claims against the carrier for negligent hiring, training, and supervision.

Q: What if the truck driver was an independent contractor?
A: Many carriers try to avoid liability by claiming the driver was an independent contractor. We use three tests to defeat this defense:

1. The ABC Test: Was the driver free from the company’s control? Did they perform work outside the company’s usual course of business? Were they customarily engaged in an independently established business?
2. The Economic Reality Test: Did the company control the driver’s work? Did the driver have an opportunity for profit or loss? Was the service integral to the company’s business?
3. The Right-to-Control Test: Did the company retain the right to control how the work was done?

Most last-mile delivery drivers—such as Amazon DSP and FedEx Ground contractors—fail these tests and are considered employees under the law.

Q: What if the trucking company is based out of state?
A: It doesn’t matter. If the crash occurred in Texas, Texas law applies. We’ll file the case in the appropriate Texas court and pursue the out-of-state carrier just like any other defendant.

Q: How much does it cost to hire Attorney 911?
A: We work on a contingency fee basis. That means you pay nothing upfront. We only get paid if we recover compensation for you. Our fee is 33.33% if the case settles before trial and 40% if it goes to trial. You may still be responsible for court costs and case expenses.

Q: What if I’m not sure who was at fault?
A: That’s what we’re here for. We’ll investigate the crash, gather the evidence, and determine who was at fault. Don’t assume you can’t recover just because you’re not sure what happened.

Q: Can I still recover if my loved one was partially at fault?
A: Yes. Texas follows modified comparative negligence under Chapter 33 of the Texas Civil Practice and Remedies Code. As long as your loved one was 50% or less at fault, you can still recover. Their compensation will be reduced by their percentage of fault.

Q: What if the trucking company claims the crash was unavoidable?
A: Trucking companies often argue that crashes are unavoidable due to weather, road conditions, or other factors. We counter this by proving that the driver failed to follow federal regulations, such as maintaining a safe following distance, adjusting speed for conditions, or properly securing the load.

Q: What if the trucking company offers me a settlement?
A: The first offer is always low. We’ll evaluate it against the full value of your claim, including future medical expenses, lost earning capacity, and pain and suffering. Don’t sign anything without talking to us first.

Serving City of Nevada and Beyond

City of Nevada is part of the Dallas-Fort Worth metroplex, one of the largest and fastest-growing regions in the country. With major highways like Interstate 30, U.S. Highway 69, and the President George Bush Turnpike carrying heavy commercial traffic, the risk of fatal truck crashes is a daily reality. But City of Nevada isn’t alone in this fight. We serve families across Collin County and the surrounding areas, including:

• Adjacent Cities: McKinney, Plano, Frisco, Allen, Richardson, Garland, Rockwall, Wylie, Murphy, Sachse
• Adjacent Counties: Denton, Dallas, Rockwall, Hunt, Grayson
• Trauma Centers: Medical City McKinney, Baylor Scott & White Medical Center – Plano, Texas Health Presbyterian Hospital Plano, Methodist Richardson Medical Center

No matter where you are in North Texas, we’re here to help. If you’ve lost a loved one in a fatal truck crash, call 1-888-ATTY-911 for a free case evaluation. We’ll fight for the justice and compensation your family deserves.

Para las familias hispanohablantes de City of Nevada, sabemos que enfrentar el sistema legal después de un accidente catastrófico puede ser abrumador, especialmente cuando la compañía transportista y su aseguradora se comunican en inglés. Nuestro despacho atiende a las familias en español, desde la primera llamada hasta la última audiencia en el tribunal del condado donde se presente el caso. El Código de Práctica Civil y Remedios de Texas, Sección 16.003, otorga dos años desde la fecha de la lesión fatal para presentar una demanda por homicidio culposo—el reloj no se detiene mientras la familia está de luto. Llame al 1-888-ATTY-911 para una evaluación gratuita de su caso. Hablamos Español.