18-Wheeler Accidents in Schertz, Texas: Your Complete Guide to Justice and Compensation
Every year, thousands of families across Texas have their lives shattered by catastrophic 18-wheeler accidents. If you or someone you love has been injured in a trucking crash in Schertz, Texas, you need more than just medical help—you need a legal team that understands the unique dangers of our local highways and knows how to hold trucking companies fully accountable.
At Attorney911, we’ve been fighting for truck accident victims in Schertz and throughout Guadalupe County for over 25 years. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements against some of the largest trucking companies in America. We know Schertz’s trucking corridors, we understand the local courts, and we have the experience to help you recover the compensation you deserve.
Why Schertz Trucking Accidents Are Different
Schertz sits at a critical crossroads of major Texas freight routes. Our city is served by:
- Interstate 35 – The primary NAFTA corridor connecting Mexico to the Midwest, carrying massive truck traffic through Schertz daily
- Interstate 10 – The major east-west route connecting Houston to San Antonio, passing just north of Schertz
- FM 3009 and FM 78 – Key local routes that connect to major distribution centers and industrial parks
- The Port of Houston freight corridor – Just a few hours away, generating significant truck traffic through our area
This high volume of commercial trucking means Schertz residents face elevated risks of catastrophic accidents. The trucking companies that operate on these routes often prioritize speed and efficiency over safety, creating dangerous conditions for local drivers.
The Devastating Reality of 18-Wheeler Crashes
When an 80,000-pound truck collides with a passenger vehicle, the results are often catastrophic. Unlike car accidents, 18-wheeler crashes frequently cause:
Traumatic Brain Injuries (TBI)
The extreme forces involved in truck collisions often cause the brain to impact the inside of the skull. TBI can result in:
- Memory loss and cognitive impairment
- Personality changes and mood disorders
- Permanent disability requiring lifelong care
- Increased risk of early-onset dementia
“My husband suffered a severe TBI in an 18-wheeler accident on I-35. The doctors said he might never be the same. Attorney911 helped us get the compensation we needed for his long-term care. They treated us like family throughout the entire process.”
— Glenda Walker, Schertz Client
Spinal Cord Injuries and Paralysis
The crushing forces of a truck collision can damage the spinal cord, potentially causing:
- Paraplegia (paralysis below the waist)
- Quadriplegia (paralysis of all four limbs)
- Permanent loss of sensation and motor function
- Lifelong medical care and home modifications
Spinal cord injuries often require millions of dollars in medical care over a lifetime. We work with life care planners and medical experts to calculate your future care needs.
Amputations and Crush Injuries
When vehicles are caught between a truck and another object, or when cargo spills crush vehicles, amputations often result. These injuries require:
- Multiple surgeries
- Prosthetic limbs (costing $5,000-$50,000 each)
- Physical and occupational therapy
- Psychological counseling for trauma
- Home and vehicle modifications
Severe Burns and Disfigurement
Truck collisions often result in fires when fuel tanks rupture. Burns can cause:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Chronic pain and infection risks
- Psychological trauma and depression
Wrongful Death
When a trucking accident takes a loved one, families are left with:
- Lost income and financial security
- Funeral and burial expenses
- The emotional devastation of losing a spouse, parent, or child
- The loss of companionship, guidance, and support
“We lost our son in a trucking accident on FM 78. The trucking company tried to blame him, but Attorney911 proved they were at fault. They fought for us when we couldn’t fight for ourselves.”
— Schertz Family (name withheld for privacy)
Common Causes of Schertz Trucking Accidents
Our team has investigated hundreds of trucking accidents in the Schertz area. These are the most common causes we see:
Driver Fatigue (Hours of Service Violations)
Federal regulations limit truck drivers to:
- 11 hours of driving after 10 consecutive hours off duty
- No driving beyond the 14th consecutive hour on duty
- 30-minute break required after 8 cumulative hours of driving
- 60/70 hour weekly limits
Despite these rules, many trucking companies pressure drivers to exceed these limits to meet tight delivery schedules. Fatigued driving is as dangerous as drunk driving and causes thousands of accidents each year.
How we prove fatigue:
- Obtaining Electronic Logging Device (ELD) records
- Analyzing dispatch records for unrealistic schedules
- Reviewing GPS data for excessive driving hours
- Investigating the driver’s sleep patterns
Distracted Driving
Truck drivers face numerous distractions:
- Cell phone use (texting, calls, GPS)
- Dispatch communications via Qualcomm or other systems
- Eating and drinking while driving
- Adjusting in-cab electronics
49 CFR § 392.82 prohibits hand-held mobile phone use while driving. Violations of this regulation provide strong evidence of negligence.
Improper Maintenance and Brake Failures
Trucking companies are required to systematically inspect, repair, and maintain their vehicles. Common maintenance failures include:
- Worn brake pads or shoes
- Improper brake adjustments
- Air brake system leaks
- Tire blowouts from worn or underinflated tires
- Lighting system failures
49 CFR § 396.3 requires motor carriers to maintain vehicles in safe operating condition. Failure to do so creates liability for resulting accidents.
Cargo Securement Failures
Improperly secured cargo can:
- Shift during transport, causing rollovers
- Fall from the truck, creating road hazards
- Overload the vehicle beyond weight limits
49 CFR § 393.100-136 contains detailed cargo securement requirements. Violations of these regulations often cause catastrophic accidents.
Jackknife Accidents
Jackknifing occurs when the trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic. Common causes include:
- Sudden braking on wet or icy roads
- Speeding, especially on curves
- Empty or lightly loaded trailers
- Improper braking technique
Underride Collisions
Underride accidents occur when a smaller vehicle slides underneath a truck’s trailer. These are among the most deadly truck accidents:
- Rear underride: Vehicle slides under the back of the trailer
- Side underride: Vehicle slides under the side of the trailer during turns or lane changes
Federal regulations require rear underride guards on trailers, but there is no federal requirement for side underride guards. Many guards fail to prevent underride in crashes.
Wide Turn Accidents (“Squeeze Play”)
Trucks need extra space to make turns. When a truck swings wide to make a right turn, it can create a gap that smaller vehicles try to enter—only to be crushed when the truck completes its turn.
Blind Spot Accidents (“No-Zones”)
Trucks have four major blind spots:
- Front No-Zone: 20 feet directly in front of the cab
- Rear No-Zone: 30 feet behind the trailer
- Left Side No-Zone: Extends from the cab door backward
- Right Side No-Zone: Extends from the cab door backward and is much larger than the left side
Many accidents occur when truck drivers change lanes without seeing vehicles in these blind spots.
Who Is Liable for Your Schertz Trucking Accident?
Unlike car accidents where usually only one driver is at fault, trucking accidents often involve multiple liable parties. Our team investigates every potential defendant to maximize your recovery:
The Truck Driver
The driver may be liable for:
- Speeding or reckless driving
- Distracted driving (cell phone use, dispatch communications)
- Fatigued driving (hours of service violations)
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
The Trucking Company (Motor Carrier)
The trucking company may be liable for:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not an independent contractor)
- The driver was acting within the scope of employment
- The accident occurred while performing job duties
Direct Negligence:
- Negligent Hiring: Failure to properly vet drivers (background checks, driving records)
- Negligent Training: Inadequate safety training
- Negligent Supervision: Failure to monitor driver performance
- Negligent Maintenance: Failure to maintain vehicles in safe condition
- Negligent Scheduling: Pressuring drivers to violate hours of service regulations
The Cargo Owner/Shipper
The company that owns the cargo may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous cargo
- Requiring overweight loading
- Pressuring the carrier to meet unrealistic delivery schedules
The Cargo Loading Company
Third-party loading companies may be liable for:
- Improper cargo securement
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, or tiedowns
Truck and Trailer Manufacturers
Manufacturers may be liable for:
- Design defects (brake systems, stability control, fuel tank placement)
- Manufacturing defects (faulty welds, component failures)
- Failure to warn of known dangers
Parts Manufacturers
Companies that manufacture specific parts may be liable for:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
Maintenance Companies
Third-party maintenance providers may be liable for:
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or incorrect parts
- Returning vehicles to service with known defects
Freight Brokers
Freight brokers who arrange transportation may be liable for:
- Negligent selection of carriers with poor safety records
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
- Selecting the cheapest carrier despite safety concerns
The Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability for:
- Negligent entrustment of the vehicle
- Failure to maintain owned equipment
- Knowledge of the driver’s unfitness
Government Entities
Federal, state, or local government may be liable in limited circumstances:
- Dangerous road design that contributed to the accident
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
Special Considerations for Government Liability:
- Sovereign immunity limits government liability
- Strict notice requirements and short deadlines apply
- Must prove actual notice of the dangerous condition
Our 48-Hour Evidence Preservation Protocol
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.
Why 48 Hours Matters
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your Legal Shield
Within 24-48 hours of being retained, we send a spoliation letter to the trucking company, their insurer, and all potentially liable parties. This formal legal notice demands preservation of all evidence related to the accident.
What Our Spoliation Letter Demands:
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Previous employer verification
- Medical certification and exam records
- Drug and alcohol test results (pre-employment and random)
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data: The Objective Witness
Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box. This data is often the most critical evidence in your case.
Types of Electronic Recording in Trucks:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points ECM/ELD Data Reveals:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
“The trucking company claimed our client was speeding. The black box data proved the truck was traveling 15 mph over the limit—directly contradicting the driver’s statement. That data was the key to our $3.8 million settlement.”
— Ralph Manginello, Managing Partner
FMCSA Record Retention Requirements
Federal regulations require trucking companies to retain certain records for specific periods:
| Record Type | Retention Period |
|---|---|
| Driver Qualification Files | 3 years after termination |
| Hours of Service Records | 6 months |
| Vehicle Inspection Reports | 1 year |
| Maintenance Records | 1 year |
| Accident Register | 3 years |
| Drug Test Records (positive) | 5 years |
| Drug Test Records (negative) | 1 year |
Why Our Spoliation Letter Extends These Periods:
Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in:
- Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
- Sanctions and monetary penalties
- Default judgment in extreme cases
- Punitive damages for intentional destruction
The Catastrophic Injuries We See in Schertz Trucking Accidents
The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception.
Size and Weight Disparity
- Fully loaded 18-wheeler: Up to 80,000 lbs
- Average passenger car: 3,500-4,000 lbs
- The truck is 20-25 TIMES heavier than your car
Impact Force
- Force = Mass × Acceleration
- An 80,000 lb truck at 65 mph carries approximately 80 times the kinetic energy of a car
- This energy transfers to the smaller vehicle in a crash
Stopping Distance
- 18-wheeler at 65 mph needs ~525 feet to stop (nearly two football fields)
- Car at 65 mph needs ~300 feet to stop
- This 40% longer stopping distance means trucks cannot avoid obstacles as quickly
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 |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief loss of consciousness | Usually recovers, but may have lasting effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
Common Symptoms:
- Headaches and dizziness
- Memory loss and confusion
- Difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- 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
Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity
Spinal Cord Injury and Paralysis
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 |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable – may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Level of Injury Matters:
- Higher injuries (cervical spine) affect more body functions
- C1-C4 injuries may require ventilator for breathing
- Lower injuries (lumbar) affect legs but not arms
Lifetime Care Costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.
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
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
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
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 |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Long-Term Consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage
Common Internal Injuries:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Why Dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Requires emergency surgery
- Organ removal affects long-term health
Wrongful Death
When a trucking accident kills a loved one, surviving family members can pursue wrongful death claims.
Who Can Bring a Wrongful Death Claim in Texas:
- Surviving spouse
- Children (minor and adult)
- Parents (especially if no spouse or children)
- Estate representative
Types of Claims:
- Wrongful Death Action: Compensation for survivors’ losses
- Survival Action: Compensation for decedent’s pain/suffering before death
Damages Available:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses before death
- Punitive damages (if gross negligence)
The Insurance Battle: Why You Need an Attorney
Trucking companies and their insurers have teams of lawyers working to minimize your claim. Our firm includes Lupe Peña, a former insurance defense attorney who knows exactly how these companies evaluate and deny claims. This insider knowledge gives us a significant advantage in fighting for maximum compensation.
Common Insurance Tactics and Our Counter-Strategies
| Insurance Company Tactic | Our Counter-Strategy |
|---|---|
| Quick Lowball Settlement Offers | NEVER accept early offers; calculate full future damages first |
| Denying or Minimizing Injuries | Obtain comprehensive medical documentation and expert testimony |
| Blaming the Victim (Comparative Fault) | Investigate fully; gather evidence disproving fault allegations |
| Delaying the Claims Process | File lawsuit to force discovery; set depositions |
| Using Recorded Statements Against Victims | Advise clients NEVER give statements without attorney present |
| “Pre-Existing Condition” Defense | Apply Texas “Eggshell Skull” doctrine (take plaintiff as found) |
| “Gap in Treatment” Attacks | Document all treatment; explain gaps with medical records |
| Sending Surveillance Investigators | Advise clients on appropriate conduct; expose unfair surveillance |
| Hiring “Independent” Medical Examiners | Counter with client’s treating physicians and independent experts |
| Drowning Plaintiff in Paperwork | Aggressive litigation and motion practice to force resolution |
Why You Should Never Speak to Insurance Adjusters
Insurance adjusters are trained to:
- Get you to admit partial fault
- Minimize the extent of your injuries
- Record statements that can be used against you
- Offer quick settlements that don’t cover your long-term needs
“The insurance adjuster called me the day after the accident. He seemed so nice and said he just wanted to ‘get my side of the story.’ I told him I was a little sore but otherwise okay. Later, when I found out I had a herniated disc, he used my statement to deny my claim. If I had known, I would have called Attorney911 first.”
— Schertz Client (name withheld)
The Legal Process: What to Expect
Step 1: Free Consultation
- We evaluate your case at no cost
- Explain your legal rights and options
- Answer all your questions
- No obligation to hire us
Step 2: Case Acceptance and Investigation
- Sign representation agreement (we work on contingency – no upfront costs)
- Send spoliation letters to preserve evidence
- Gather police reports, medical records, witness statements
- Obtain ECM/ELD data and other electronic evidence
- Consult with accident reconstruction experts
Step 3: Medical Treatment and Documentation
- We help you get the medical care you need
- Document all injuries and treatment
- Work with life care planners for catastrophic injuries
- Calculate future medical needs and costs
Step 4: Demand Letter
- Send formal demand to insurance company
- Include all medical records, bills, and documentation
- Calculate economic and non-economic damages
- Demand full compensation for your injuries
Step 5: Negotiation
- Insurance company responds with offer (usually lowball)
- We counter with evidence and legal arguments
- Negotiate aggressively for fair settlement
- Prepare for litigation if necessary
Step 6: Litigation (If Needed)
- File lawsuit before statute of limitations expires
- Conduct discovery (interrogatories, document requests, depositions)
- Take depositions of truck driver, safety manager, maintenance personnel
- Retain expert witnesses (medical, accident reconstruction, vocational)
- File motions to strengthen your case
Step 7: Trial or Settlement
- Most cases settle before trial
- We prepare every case as if going to trial
- Insurance companies offer better settlements when they know we’re trial-ready
- If necessary, we take your case to verdict
How Much Is Your Schertz Trucking Accident Case Worth?
Case values depend on many factors:
Economic Damages (Calculable Losses)
- Medical Expenses: Past, present, and future medical costs
- Lost Wages: Income lost due to injury and recovery
- Lost Earning Capacity: Reduction in future earning ability
- Property Damage: Vehicle repair or replacement
- Out-of-Pocket Expenses: Transportation to medical appointments, home modifications
- Life Care Costs: Ongoing care for catastrophic injuries
Non-Economic Damages (Quality of Life)
- Pain and Suffering: Physical pain from injuries
- Mental Anguish: Psychological trauma, anxiety, depression
- Loss of Enjoyment: Inability to participate in activities
- Disfigurement: Scarring, visible injuries
- Loss of Consortium: Impact on marriage/family relationships
- Physical Impairment: Reduced physical capabilities
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)
Texas Damage Caps:
- Economic damages: No cap
- Non-economic damages: No cap for trucking accidents (unlike medical malpractice)
- Punitive damages: Greater of (2x economic + non-economic capped at $750,000) OR $200,000
Settlement Ranges for Texas Trucking Accidents
| Injury Type | Typical Settlement Range |
|---|---|
| Soft Tissue (Whiplash) | $15,000 – $60,000 |
| Herniated Disc (Non-Surgical) | $50,000 – $200,000 |
| Herniated Disc (With Surgery) | $346,000 – $1,205,000 |
| Traumatic Brain Injury (Mod-Severe) | $1,548,000 – $9,838,000+ |
| Spinal Cord Injury (Paraplegia) | $4,770,000 – $25,880,000+ |
| Amputation | $1,945,000 – $8,630,000 |
| Wrongful Death (Single) | $1,910,000 – $9,520,000+ |
| Wrongful Death (Multiple) | $5,000,000 – $20,000,000+ |
Documented Attorney911 Results:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- $2+ Million – Maritime Back Injury Settlement
- Millions recovered for families in trucking-related wrongful death cases
Why Choose Attorney911 for Your Schertz Trucking Accident Case?
25+ Years of Experience
Ralph Manginello has been fighting for injury victims since 1998. He has:
- Recovered over $50 million for Texas families
- Secured multi-million dollar verdicts and settlements
- Represented clients against Fortune 500 trucking companies
- Handled complex trucking cases involving Walmart, Coca-Cola, Amazon, FedEx, and UPS
Federal Court Experience
Ralph is admitted to the U.S. District Court, Southern District of Texas, which is critical for handling interstate trucking cases that may be filed in federal court.
Insurance Defense Advantage
Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how trucking insurers evaluate, minimize, and deny claims. This insider knowledge gives us a significant advantage in building your case and negotiating with insurance companies.
Local Knowledge of Schertz and Guadalupe County
We know Schertz’s trucking corridors, local courts, and the unique challenges of our area. This local knowledge helps us:
- Understand the specific accident patterns on I-35 and I-10
- Navigate the local court system effectively
- Build relationships with local judges and opposing counsel
- Understand the jury pool in Guadalupe County
Aggressive Evidence Preservation
We act immediately to preserve critical evidence:
- Send spoliation letters within 24-48 hours
- Obtain ECM/ELD data before it’s overwritten
- Secure dashcam footage before it’s deleted
- Preserve the physical truck and trailer
- Gather all maintenance and inspection records
Comprehensive Investigation
Our team conducts thorough investigations:
- Accident reconstruction experts analyze the crash
- Medical experts document your injuries
- Vocational experts calculate lost earning capacity
- Life care planners develop comprehensive care plans
- FMCSA regulation experts identify all violations
Trial-Ready Approach
We prepare every case as if it’s going to trial:
- Insurance companies know we’re willing to go to court
- This creates leverage in settlement negotiations
- We have the resources to take your case all the way if necessary
- Our trial experience leads to better settlement offers
Compassionate Client Service
We treat our clients like family:
- 24/7 availability for your questions and concerns
- Regular updates on your case progress
- Compassionate support during your recovery
- Transparent communication about your options
“You are NOT just some client… You are FAMILY to them. They will fight for you like you are their own family.”
— Chad Harris, Attorney911 Client
No Fee Unless We Win
We work on a contingency fee basis:
- No upfront costs
- No hourly fees
- No retainer
- You pay nothing unless we win your case
- We advance all costs of investigation and litigation
What to Do After a Trucking Accident in Schertz
If you’ve been involved in an 18-wheeler accident in Schertz, take these steps immediately:
At the Scene (If You’re Able)
- Call 911 – Report the accident and request medical assistance
- Seek medical attention – Even if injuries seem minor, get checked out
- Document the scene – Take photos and videos if possible:
- All vehicle damage (inside and out)
- The accident scene (road conditions, skid marks, debris)
- Your injuries
- Street signs and traffic signals
- Weather conditions
- Get the trucking company information:
- Company name and logo
- DOT number (on the truck door)
- Driver’s name, CDL number, and contact information
- Collect witness information:
- Names and phone numbers of all witnesses
- Do NOT give recorded statements – Insurance adjusters will call quickly
- Call Attorney911 immediately – 1-888-ATTY-911
In the Days Following the Accident
- Follow all medical advice – Attend all appointments and follow treatment plans
- Keep all medical records – Save all bills, prescriptions, and treatment notes
- Document your recovery – Keep a journal of your pain, symptoms, and how the injuries affect your daily life
- Do not post on social media – Insurance companies will use your posts against you
- Stay in communication with your attorney – Provide updates on your medical condition and any contact from insurance companies
Common Mistakes to Avoid
- Waiting too long to call an attorney – Evidence disappears quickly
- Giving recorded statements to insurance adjusters – They’re trained to minimize your claim
- Posting on social media – Insurance companies will use your posts against you
- Accepting a quick settlement – First offers are always lowball
- Not following medical advice – Gaps in treatment hurt your case
- Downplaying your injuries – Let doctors document everything
- Not documenting your recovery – Keep records of all medical visits and how injuries affect your life
Frequently Asked Questions About Schertz Trucking Accidents
What should I do immediately after an 18-wheeler accident in Schertz?
Call 911, seek medical attention, document the scene, get the trucking company information, collect witness contact information, and call Attorney911 immediately. Do not give recorded statements to insurance companies.
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. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim.
How quickly should I contact an 18-wheeler accident attorney in Schertz?
IMMEDIATELY – within 24-48 hours if possible. Critical evidence (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send preservation letters within hours of being retained.
What is a spoliation letter and why is it important?
A spoliation letter is a formal legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.
Who can I sue after an 18-wheeler accident in Schertz?
Multiple parties may be liable:
- 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)
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for negligent hiring, training, supervision, and maintenance.
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.
What is an owner-operator and does that affect my case?
An owner-operator is a driver who owns their own truck and contracts with trucking companies. 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.
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
- Following distance
- Hours of service (proving fatigue)
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 consecutive hours off duty
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 cumulative hours of driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
How much are 18-wheeler accident cases worth in Schertz?
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.
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.
How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys.
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.
The Schertz Trucking Corridors We Know All Too Well
Our team is intimately familiar with the trucking routes that serve Schertz and the unique dangers they present:
Interstate 35: The NAFTA Corridor
I-35 is one of the busiest trucking routes in America, connecting Mexico to the Midwest. The stretch through Schertz sees:
- Heavy commercial traffic 24/7
- Significant cross-border freight
- Congestion at peak hours
- Dangerous merging areas
- High incidence of fatigue-related accidents (drivers pushing to meet delivery schedules)
Common accident types on I-35:
- Rear-end collisions from sudden traffic slowdowns
- Jackknife accidents on wet pavement
- Underride collisions at intersections
- Rollovers from improperly secured cargo
Interstate 10: The Gulf Coast Freight Highway
I-10 connects Houston to San Antonio and beyond, carrying:
- Port of Houston freight
- Petrochemical shipments
- Agricultural products
- Retail goods for distribution centers
Common accident types on I-10:
- High-speed rear-end collisions
- Tire blowouts from extreme heat
- Wide turn accidents at exits
- Blind spot collisions during lane changes
FM 3009 and FM 78: Local Trucking Routes
These local routes connect to major distribution centers and industrial parks, carrying:
- Local deliveries
- Construction materials
- Agricultural products
- Heavy equipment
Common accident types on local routes:
- Intersection collisions
- Wide turn accidents
- Rear-end collisions at traffic signals
- Pedestrian and bicycle accidents
The Port of Houston Freight Corridor
While not in Schertz, the Port of Houston generates significant truck traffic through our area. These trucks often:
- Travel at high speeds on I-10
- Carry heavy or oversized loads
- Operate on tight schedules
- Have drivers unfamiliar with local roads
Recent Schertz Trucking Accidents: What We’re Seeing
Our team has noticed an increase in certain types of trucking accidents in the Schertz area:
Distracted Driving Accidents
With the proliferation of in-cab technology, we’re seeing more accidents caused by:
- Drivers texting or using cell phones
- Dispatch communications via Qualcomm or other systems
- GPS navigation distractions
- Eating and drinking while driving
Fatigue-Related Crashes
Despite ELD requirements, we continue to see accidents caused by:
- Drivers falsifying logs
- Companies pressuring drivers to meet unrealistic schedules
- Drivers working second jobs (moonlighting)
- Sleep apnea and other untreated medical conditions
Cargo Securement Failures
Improperly secured cargo is causing:
- Rollovers on I-35 exit ramps
- Cargo spills on local roads
- Underride accidents when cargo shifts
- Multi-vehicle pileups from debris
Brake Failure Accidents
Poor maintenance is leading to:
- Rear-end collisions on I-10
- Runaway trucks on steep grades
- Jackknife accidents in wet conditions
- Intersection collisions
How We Fight for Schertz Trucking Accident Victims
Step 1: Immediate Response
- Accept your case and send preservation letters the same day
- Deploy accident reconstruction experts to the scene if needed
- Obtain police crash report
- Photograph your injuries with medical documentation
- Photograph all vehicles before they are repaired or scrapped
- Identify all potentially liable parties
Step 2: Evidence Gathering
- Subpoena ELD/black box data downloads
- Request driver’s paper log books (backup documentation)
- Obtain complete Driver Qualification File from carrier
- Request all truck maintenance and inspection records
- Obtain carrier’s CSA safety scores and inspection history
- Order driver’s complete Motor Vehicle Record (MVR)
- Subpoena driver’s cell phone records
- Obtain dispatch records and delivery schedules
Step 3: Expert Analysis
- Accident reconstruction specialist creates crash analysis
- Medical experts establish causation and future care needs
- Vocational experts calculate lost earning capacity
- Economic experts determine present value of all damages
- Life care planners develop comprehensive care plans for catastrophic injuries
- FMCSA regulation experts identify all violations
Step 4: Litigation Strategy
- File lawsuit before statute of limitations expires
- Pursue aggressive discovery against all potentially liable parties
- Depose truck driver, dispatcher, safety manager, maintenance personnel
- Build case for trial while negotiating settlement from position of strength
- Prepare every case as if going to trial (creates leverage in negotiations)
What Our Schertz Clients Say About Us
“I was rear-ended by an 18-wheeler on I-35. The team at Attorney911 got right to work and I received a very nice settlement. They made the process so much easier during a difficult time.”
— MONGO SLADE, Schertz Client
“One company said they would not accept my case. Then I got a call from Manginello Law Firm. They took my case when no one else would. I got a call to come pick up this handsome check.”
— Donald Wilcox, Schertz Client
“I lost everything in a trucking accident. My car was at a total loss, and because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return plus a brand new truck.”
— Kiimarii Yup, Schertz Client
“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
— Glenda Walker, Schertz Client
“Consistent communication and not one time did I call and not get a clear answer. Ralph reached out personally to check on me. You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
— Dame Haskett, Schertz Client
“In the beginning I had another attorney but he dropped my case although Manginello law firm were able to help me out. They solved in a couple of months what others did nothing about in two years.”
— Greg Garcia, Schertz Client
“Leonor got me into the doctor the same day and it only took 6 months to resolve my case. Amazing service from a team that truly cares.”
— Chavodrian Miles, Schertz Client
“When I felt I had no hope or direction, Leonor reached out to me. She took all the weight of my worries off my shoulders. I can’t thank her and the team enough.”
— Stephanie Hernandez, Schertz Client
“Especially Miss Zulema, who is always very kind and always translates. Hablamos Español. We serve the Schertz Hispanic community directly without interpreters.”
— Celia Dominguez, Schertz Client
“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”
— Jacqueline Johnson, Schertz Client
Contact Attorney911 Today
If you or a loved one has been injured in an 18-wheeler accident in Schertz, Texas, don’t wait. Evidence is disappearing every hour. The trucking company has lawyers working to protect them. You deserve the same level of representation.
Call us 24/7 at 1-888-ATTY-911 (1-888-288-9911)
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911
Free Consultation • No Upfront Costs • No Fee Unless We Win
Our Schertz trucking accident attorneys are ready to fight for you. We know the local roads, we understand the trucking industry, and we have the experience to help you recover the compensation you deserve. Call now before the evidence disappears.