18-Wheeler Accident Lawyers in Smiley, Texas | Attorney911

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

Every year, thousands of families across Texas face life-altering devastation when an 18-wheeler crashes into their lives. If you or someone you love has been seriously injured in a trucking accident in Smiley, Gonzales County, or anywhere in South Texas, you need more than just a lawyer—you need a legal emergency response team that fights like your future depends on it. Because it does.

At Attorney911, we’ve been holding trucking companies accountable for over 25 years. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements for families devastated by catastrophic 18-wheeler crashes. We know the Smiley area trucking corridors, the local courts, and exactly how to make negligent trucking companies pay for what they’ve done to you.

The Brutal Reality of Smiley Trucking Accidents

Smiley sits at the crossroads of critical South Texas freight routes. The intersection of US Highway 87 and FM 108 offers scenic Hill Country views, but these roads also carry heavy truck traffic serving the energy, agriculture, and distribution industries that drive our regional economy. When trucking companies cut corners on safety, Smiley families pay the price.

Consider these sobering facts:

• An 80,000-pound fully loaded 18-wheeler is 20-25 times heavier than your passenger vehicle
• At 65 mph, that truck needs nearly two football fields (525 feet) to come to a complete stop
• The average trucking accident settlement in Texas exceeds $500,000—but only if you have the right legal team fighting for you
• Trucking companies carry $750,000 to $5 million in insurance coverage—we know how to access it
• Black box data that could prove the trucker’s negligence can be overwritten in as little as 30 days

When a trucking accident happens in Smiley, the consequences are often catastrophic. We’ve seen firsthand how these crashes change lives forever—traumatic brain injuries that alter personalities, spinal cord damage that leaves victims paralyzed, amputations that end careers, and wrongful deaths that leave families shattered.

Why Smiley Trucking Accidents Are Different

Smiley’s unique geography and trucking patterns create specific risks that don’t exist in larger cities:

The Smiley Trucking Corridor Challenge

Smiley sits at the convergence of several critical freight routes:

• US Highway 87 – The primary north-south corridor connecting San Antonio to Victoria, carrying heavy truck traffic serving the Eagle Ford Shale energy region and Port of Victoria
• FM 108 – Connects Smiley to Gonzales and I-10, a major east-west freight corridor serving the Gulf Coast and beyond
• FM 1682 – Provides access to rural areas and agricultural operations
• Local farm-to-market roads – Narrow, winding roads not designed for heavy truck traffic

These roads present unique challenges:

• Narrow lanes and shoulders – Limited space for trucks and passenger vehicles to safely share the road
• Sharp curves and elevation changes – Particularly on FM 108 as it winds through the Hill Country terrain
• Mixed traffic patterns – Combining heavy trucks with local commuters, school buses, agricultural equipment, and recreational vehicles
• Limited lighting – Many rural stretches lack adequate street lighting, increasing risks at dawn, dusk, and night
• Weather variations – From summer heat that causes tire blowouts to occasional winter ice that creates treacherous conditions
• Wildlife crossings – Deer and other animals frequently cross rural roads, creating sudden hazards

The Smiley Trucking Industry

Smiley and Gonzales County serve several key industries that generate significant truck traffic:

1. Energy Sector – The Eagle Ford Shale play has brought oil and gas activity to the region, with tanker trucks transporting crude oil, fracking fluids, and equipment
2. Agriculture – Gonzales County is a major producer of rice, corn, cotton, and cattle, requiring frequent transport of agricultural products and equipment
3. Distribution – Smiley’s location between San Antonio and the Gulf Coast makes it a convenient distribution point for goods moving between major markets
4. Construction – Ongoing development in the region requires transport of building materials, heavy equipment, and oversized loads
5. Waste Management – Local landfills and recycling facilities generate regular truck traffic

Each of these industries presents unique trucking safety challenges, from hazardous material transport to oversized loads navigating rural roads.

The Smiley Safety Paradox

While Smiley offers a peaceful small-town atmosphere, our roads carry the same trucking risks as major highways—with fewer safety resources:

• Limited emergency response – Rural areas often have longer response times for police, fire, and EMS
• Fewer traffic enforcement officers – Less police presence means fewer speeding tickets and safety violations caught
• Limited medical facilities – The nearest Level I trauma center is in San Antonio, over an hour away
• Fewer truck inspection stations – Less oversight of truck safety compliance
• Limited truck parking – Drivers may park in unsafe locations when rest areas are full

This combination of factors means that when trucking accidents happen in Smiley, the consequences are often more severe than in areas with better emergency infrastructure.

Common Causes of Smiley 18-Wheeler Accidents

Through our decades of experience handling trucking cases throughout South Texas, we’ve identified the most frequent causes of 18-wheeler accidents in the Smiley area:

1. Driver Fatigue – The Silent Killer on Smiley Roads

Truck drivers face intense pressure to meet delivery deadlines. The long stretches of US 87 and FM 108 between major cities create perfect conditions for fatigue-related crashes.

Federal Hours of Service (HOS) regulations are designed to prevent fatigued driving:

• 11-hour driving limit – Maximum 11 hours driving after 10 consecutive hours off duty
• 14-hour on-duty window – Cannot drive beyond 14th consecutive hour after coming on duty
• 30-minute break requirement – Mandatory break after 8 cumulative hours of driving
• 60/70-hour weekly limits – 60 hours in 7 days or 70 hours in 8 days
• 34-hour restart – Can reset weekly clock with 34 consecutive hours off duty

Smiley-Specific Fatigue Factors:

• Long hauls to remote locations – Drivers working the Eagle Ford Shale routes often face long distances between loading and unloading points
• Pressure from dispatchers – Trucking companies often push drivers to meet unrealistic schedules
• Inadequate rest facilities – Limited truck parking in the area forces drivers to park in unsafe locations
• Night driving – Many drivers work overnight shifts when visibility is poorest
• Monotonous rural roads – The long, straight stretches of US 87 can induce highway hypnosis

How We Prove Fatigue in Your Case:

• ELD data analysis – Electronic Logging Devices record exact driving times and rest periods
• Dispatch records – Show pressure to meet unrealistic delivery schedules
• Cell phone records – Track phone use during driving hours
• GPS data – Shows driving patterns and speed variations
• Driver Qualification File – Reveals hiring practices and training deficiencies
• Maintenance records – May show deferred maintenance that forces longer driving times
• Cargo manifests – Show delivery deadlines and loading/unloading times

2. Distracted Driving – A Growing Threat on Smiley Highways

Distracted driving is a major problem among commercial truck drivers, and the Smiley area is no exception. The long stretches of rural highway can lull drivers into complacency, making them more likely to engage in distracting behaviors.

Common Distractions We See:

• Cell phone use – Texting, talking, or using apps while driving (illegal under 49 CFR § 392.82)
• Dispatch communications – Using Qualcomm or other messaging systems
• GPS navigation – Programming routes or following GPS instructions
• Eating and drinking – Consuming meals while driving
• External distractions – Looking at scenery, billboards, or accidents
• Fatigue-related distraction – Zoning out or falling asleep at the wheel
• In-cab technology – Adjusting climate controls, music, or other systems

Texas Distracted Driving Laws:

• Handheld phone ban – Commercial drivers prohibited from using handheld phones while driving
• Texting ban – All drivers prohibited from texting while driving
• Local ordinances – Some Texas cities have additional restrictions

How We Prove Distraction in Your Case:

• Cell phone records – Show calls, texts, or data usage at time of crash
• ECM data – Engine Control Module records show lack of braking or evasive action
• Dashcam footage – May capture driver behavior before impact
• Witness statements – Other drivers or bystanders may have seen the distraction
• GPS data – Shows erratic driving patterns consistent with distraction
• Dispatch records – Communications that may have distracted the driver

3. Improper Maintenance – When Trucking Companies Cut Corners

Trucking companies are required to maintain their vehicles in safe operating condition. When they cut corners to save money, the results can be deadly.

Common Maintenance Failures in Smiley Trucking Accidents:

• Brake failures – Worn brake pads, improper adjustment, or air brake system leaks
• Tire blowouts – Underinflated, overloaded, or worn tires that fail at highway speeds
• Lighting failures – Non-functioning headlights, brake lights, or turn signals
• Steering system failures – Worn components that cause loss of control
• Suspension failures – Broken springs or shock absorbers that affect stability
• Coupling device failures – Faulty fifth wheels or trailer connections
• Cargo securement failures – Worn straps, chains, or tie-downs that fail

FMCSA Maintenance Requirements:

• Systematic inspection and maintenance (49 CFR § 396.3)
• Annual inspections (49 CFR § 396.17)
• Driver pre-trip inspections (49 CFR § 396.13)
• Driver post-trip reports (49 CFR § 396.11)
• Record retention (49 CFR § 396.3)

How We Prove Maintenance Negligence:

• Maintenance records – Show deferred maintenance or ignored repair needs
• Inspection reports – Reveal known defects that weren’t fixed
• Out-of-service orders – Document safety violations that weren’t corrected
• Driver inspection reports – Show what drivers reported and what was done about it
• Parts purchase records – Prove use of substandard or incorrect parts
• Mechanic testimony – Expert analysis of what should have been repaired
• Post-crash inspections – Reveal pre-existing defects that caused the accident

4. Cargo Securement Failures – When Loads Shift or Spill

Improperly secured cargo is a major cause of trucking accidents, particularly on the winding roads around Smiley. When cargo shifts or spills, it can cause the truck to become unstable, jackknife, or roll over.

Common Cargo Securement Problems:

• Inadequate tiedowns – Not enough straps or chains to secure the load
• Improper load distribution – Weight not evenly distributed across the trailer
• Overloaded trailers – Exceeding weight limits that affect braking and stability
• Liquid loads – “Slosh” effect that shifts weight during turns or braking
• Loose tarps – Allowing cargo to shift or spill
• Improper blocking/bracing – Not using proper equipment to stabilize loads
• Worn securement equipment – Damaged straps, chains, or tie-downs that fail

FMCSA Cargo Securement Standards (49 CFR § 393.100-136):

• Working load limits – Tiedowns must have sufficient strength
• Aggregate working load limit – Total strength of all tiedowns must meet requirements
• Specific cargo requirements – Different rules for logs, metal coils, machinery, etc.
• Performance criteria – Securement must withstand specified forces

How We Prove Cargo Securement Violations:

• Cargo manifest – Shows what was being transported
• Loading records – Document how cargo was loaded and secured
• Securement equipment – Inspection of straps, chains, and tie-downs
• Weight records – Show if trailer was overloaded
• Driver training records – Reveal if driver was properly trained
• Accident reconstruction – Shows how cargo shift affected vehicle stability
• Maintenance records – May show worn securement equipment

5. Speeding and Aggressive Driving – When Truckers Push the Limits

The long stretches of US 87 and FM 108 can tempt truck drivers to exceed speed limits, especially when they’re behind schedule. Speeding reduces reaction time and increases stopping distance—factors that become critical when navigating Smiley’s rural roads.

Speed-Related Factors in Smiley Trucking Accidents:

• Excessive speed for conditions – Not adjusting for weather, traffic, or road conditions
• Speeding to meet deadlines – Pressure from dispatchers to make up time
• Downhill speeding – Losing control on declines
• Speeding through curves – Particularly on FM 108’s winding sections
• Tailgating – Following too closely to maintain speed
• Speed differentials – Trucks traveling much faster than other traffic

FMCSA Speed Regulations:

• 49 CFR § 392.6 – Prohibits speeding for conditions
• 49 CFR § 392.11 – Requires safe following distances
• State speed limits – Trucks must comply with posted limits

How We Prove Speeding in Your Case:

• ECM data – Shows exact speed at time of crash
• GPS data – Records speed throughout the trip
• ELD data – Shows driving patterns and speed variations
• Tire marks – Skid mark analysis reveals pre-crash speed
• Witness statements – Other drivers may have observed speeding
• Accident reconstruction – Expert analysis of crash dynamics
• Dispatch records – May show pressure to make up time

6. Wide Turn Accidents – The Smiley “Squeeze Play”

Trucks need extra space to make turns, and when they swing wide, they create dangerous situations for other vehicles. This is particularly problematic at Smiley’s rural intersections where visibility may be limited.

How Wide Turn Accidents Happen:

1. Truck driver swings left before making a right turn
2. Creates a gap that smaller vehicles may try to enter
3. Truck completes the turn, crushing the vehicle in the gap
4. Often occurs at intersections with limited visibility

FMCSA Turning Requirements:

• 49 CFR § 392.11 – Requires safe lane changes and turns
• 49 CFR § 392.12 – Requires proper signaling
• State traffic laws – Require yielding right-of-way

How We Prove Wide Turn Negligence:

• ECM data – Shows turn signal activation and steering inputs
• Dashcam footage – Captures the turn execution
• Witness statements – Other drivers may have seen the maneuver
• Intersection geometry – Analysis of road design and visibility
• Driver training records – Shows if driver was properly trained
• Previous violations – History of similar incidents

7. Blind Spot Accidents – The “No-Zone” Danger

Commercial trucks have massive blind spots where smaller vehicles disappear from the driver’s view. These “No-Zones” are particularly dangerous on Smiley’s two-lane highways where vehicles may be alongside trucks for extended periods.

The Four No-Zones:

1. Front No-Zone – 20 feet directly in front of the cab
2. Rear No-Zone – 30 feet behind the trailer
3. Left Side No-Zone – From the cab door backward
4. Right Side No-Zone – From the cab door backward, much larger than left side

FMCSA Blind Spot Requirements:

• 49 CFR § 393.80 – Requires mirrors that provide clear rear view on both sides
• Proper mirror adjustment – Part of pre-trip inspection requirements

How We Prove Blind Spot Negligence:

• Mirror inspection – Condition and adjustment at time of crash
• ECM data – Shows lane change maneuvers
• Dashcam footage – May show what driver could see
• Witness statements – Other drivers may have seen the vehicle
• Accident reconstruction – Shows vehicle positions before impact
• Driver training records – Shows blind spot awareness training

8. Tire Blowouts – When Rubber Meets Rural Road

Tire failures are a common cause of trucking accidents, and the summer heat in South Texas makes blowouts even more likely. When a truck tire fails at highway speeds, the results can be catastrophic.

Common Causes of Tire Blowouts:

• Underinflation – Causes excessive heat buildup
• Overloading – Exceeding tire weight ratings
• Worn tires – Bald or damaged tread
• Road debris – Punctures from nails, glass, or metal
• Manufacturing defects – Defective tire construction
• Improper tire matching – Different tires on dual wheels
• Heat damage – South Texas summers accelerate tire wear

FMCSA Tire Requirements:

• 49 CFR § 393.75 – Tread depth and condition requirements
• 49 CFR § 396.13 – Pre-trip inspection must include tire check

How We Prove Tire Failure Negligence:

• Failed tire inspection – Analysis of the blown tire
• Maintenance records – Show tire replacement history
• Tire purchase records – Age and specifications of tires
• Weight records – Show if truck was overloaded
• Weather data – Temperature at time of failure
• Driver inspection reports – Show what was reported
• Manufacturer records – Recall or defect information

9. Brake Failures – When Stopping Power Disappears

Brake failures are among the most dangerous trucking equipment problems, accounting for nearly 30% of large truck crashes. When an 80,000-pound truck can’t stop, the results are often deadly.

Common Brake System Failures:

• Worn brake pads/shoes – Not replaced when needed
• Improper adjustment – Brake pushrod travel too long
• Air brake leaks – Loss of braking pressure
• Contaminated brake fluid – Reduces braking effectiveness
• Brake fade – Overheating on long descents
• Defective components – Faulty valves, chambers, or lines
• Deferred maintenance – Ignoring known brake problems

FMCSA Brake Requirements:

• 49 CFR § 393.40-55 – Brake system specifications
• 49 CFR § 396.3 – Systematic inspection and maintenance
• 49 CFR § 396.11 – Driver post-trip brake inspection

How We Prove Brake Failure Negligence:

• Brake inspection records – Show maintenance history
• Out-of-service orders – Document brake violations
• ECM data – Shows brake application timing and force
• Post-crash inspection – Reveals pre-existing brake problems
• Parts purchase records – Show brake component replacement
• Driver inspection reports – Show what was reported
• Accident reconstruction – Shows braking effectiveness

10. Hazardous Material Spills – When Cargo Becomes Deadly

The Eagle Ford Shale energy boom has increased hazardous material transport through Smiley. When these loads spill, they create additional dangers beyond the crash itself.

Common Hazmat Accident Scenarios:

• Flammable liquid spills – Crude oil, gasoline, or other fuels that ignite
• Toxic chemical releases – Hydrogen sulfide, benzene, or other hazardous substances
• Explosive cargo – Propane, natural gas, or other pressurized materials
• Radioactive materials – Low-level waste from medical or industrial sources
• Corrosive substances – Acids or other materials that cause chemical burns

FMCSA Hazmat Requirements:

• 49 CFR § 385.4 – $5 million insurance requirement
• 49 CFR § 177 – Hazmat transportation regulations
• 49 CFR § 397 – Driving and parking rules for hazmat

How We Prove Hazmat Negligence:

• Shipping papers – Show what was being transported
• Hazmat training records – Show if driver was properly trained
• Emergency response records – Show how spill was handled
• Environmental impact reports – Document contamination
• Regulatory compliance records – Show if all requirements were met
• Expert testimony – On proper hazmat handling procedures

Who’s Really Responsible for Your Smiley Trucking Accident?

Unlike car accidents where typically only one driver is at fault, 18-wheeler crashes often involve multiple liable parties. At Attorney911, we investigate every potential defendant to maximize your recovery.

The Truck Driver – More Than Just a Negligent Driver

The driver is often the most obvious defendant, but their liability goes beyond simple negligence:

• Negligent operation – Speeding, distracted driving, fatigue, impairment
• Violation of safety regulations – Hours of service, drug/alcohol rules
• Failure to inspect – Not conducting required pre-trip inspections
• Improper loading – If driver loaded their own cargo
• Failure to secure cargo – If driver was responsible for securement

Key Evidence Against the Driver:

• ELD data showing hours of service violations
• Drug and alcohol test results
• Cell phone records showing distraction
• Driving record showing previous violations
• Training records showing deficiencies
• Witness statements about driver behavior

The Trucking Company – Where the Deepest Pockets Are

Trucking companies are often the most important defendants because they carry the highest insurance coverage and have the most control over safety.

Theories of Trucking Company Liability:

1. Vicarious Liability (Respondeat Superior)

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

2. Direct Negligence

   • Negligent hiring – Failing to check driver qualifications
   • Negligent training – Inadequate safety training
   • Negligent supervision – Failing to monitor driver performance
   • Negligent maintenance – Failing to maintain vehicles properly
   • Negligent scheduling – Pressuring drivers to violate HOS rules
   • Negligent retention – Keeping dangerous drivers employed

Key Evidence Against the Trucking Company:

• Driver Qualification File (DQF) – Shows hiring practices
• Safety policies and procedures – Document safety culture
• Training records – Show what drivers were taught
• Maintenance records – Prove deferred maintenance
• Dispatch records – Show schedule pressure
• CSA scores – FMCSA safety performance metrics
• Previous accident history – Pattern of safety violations
• Corporate structure – Identifies all related entities

The Cargo Owner/Shipper – When Loads Create Danger

The company that owns the cargo and arranged for its transport may share liability:

• Improper loading instructions – Telling driver how to load unsafely
• Failure to disclose hazards – Not revealing dangerous cargo properties
• Overweight loading – Requiring loads that exceed weight limits
• Unbalanced loading – Creating stability problems
• Pressure to expedite – Pushing drivers to meet unrealistic schedules

Key Evidence Against the Shipper:

• Shipping contracts – Show loading responsibilities
• Loading instructions – Document what was provided
• Weight records – Prove overweight conditions
• Communications – Show pressure to meet deadlines
• Hazmat disclosure documents – Show what was revealed

The Loading Company – When Securement Fails

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

• Inadequate tiedowns – Not using enough or strong enough securement
• Improper load distribution – Creating stability problems
• Overloading – Exceeding vehicle weight ratings
• Failure to use proper equipment – Not using blocking, bracing, or friction mats
• Improper training – Not training loaders on securement requirements

Key Evidence Against the Loading Company:

• Loading procedures – Show how cargo was secured
• Loader training records – Prove proper training
• Securement equipment used – Document what was employed
• Weight distribution records – Show load balance
• Previous violations – Pattern of securement problems

The Truck/Trailer Manufacturer – When Equipment Fails

Manufacturers may be liable for defective products that cause accidents:

• Design defects – Flaws in vehicle or component design
• Manufacturing defects – Errors in production
• Failure to warn – Not warning about known dangers
• Defective safety systems – ABS, ESC, collision warning failures

Key Evidence Against Manufacturers:

• Recall notices – Show known defects
• Technical service bulletins – Document problems
• Similar complaints – Other reports of same defect
• Design specifications – Show how product was designed
• Testing records – Prove safety testing was inadequate
• Expert analysis – Engineering opinions on defects

The Parts Manufacturer – When Components Fail

Companies that manufacture specific parts may be liable for defects:

• Brake components – Defective calipers, rotors, or valves
• Tires – Defective tire construction
• Steering components – Faulty steering gear or linkages
• Lighting components – Defective headlights or taillights
• Coupling devices – Faulty fifth wheels or trailer connections

Key Evidence Against Parts Manufacturers:

• Failed component – Physical inspection of defective part
• Recall history – Previous problems with same part
• Installation records – Show how part was installed
• Maintenance records – Show part replacement history
• Expert testimony – Analysis of failure mechanism

The Maintenance Company – When Repairs Go Wrong

Third-party maintenance companies may be liable for negligent repairs:

• Improper repairs – Not fixing problems correctly
• Failure to identify issues – Missing critical safety problems
• Use of wrong parts – Installing incorrect or substandard components
• Deferred maintenance – Not performing required repairs
• Improper brake adjustment – Creating braking system problems

Key Evidence Against Maintenance Companies:

• Work orders – Show what repairs were performed
• Mechanic qualifications – Prove proper training
• Parts used – Document what components were installed
• Inspection reports – Show what was recommended
• Post-repair testing – Prove repairs were effective

The Freight Broker – When Unsafe Carriers Are Chosen

Freight brokers arrange transportation but don’t own trucks. They may be liable for:

• Negligent carrier selection – Choosing unsafe trucking companies
• Failure to verify insurance – Not checking carrier coverage
• Failure to check safety records – Ignoring poor CSA scores
• Selecting cheapest carrier – Prioritizing cost over safety

Key Evidence Against Freight Brokers:

• Broker-carrier agreements – Show selection criteria
• Carrier selection records – Document due diligence
• Carrier safety records – CSA scores at time of selection
• Insurance verification – Show what was checked
• Communications – Show selection process

The Truck Owner (If Different from Carrier) – When Ownership Creates Liability

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

• Negligent entrustment – Allowing unqualified driver to use truck
• Failure to maintain – Not keeping owned equipment safe
• Knowledge of driver unfitness – Knowing driver was dangerous

Key Evidence Against Truck Owners:

• Lease agreements – Show maintenance responsibilities
• Maintenance records – Prove upkeep of owned equipment
• Communications – Show knowledge of driver issues
• Insurance policies – Document coverage

Government Entities – When Roads Create Danger

Government agencies may be liable in limited circumstances:

• Dangerous road design – Defects that contribute to accidents
• Failure to maintain roads – Potholes, debris, or worn markings
• Inadequate signage – Missing or unclear traffic signs
• Failure to install barriers – Not protecting against known hazards
• Improper work zones – Dangerous construction setups

Key Evidence Against Government Entities:

• Road design plans – Show intended design
• Maintenance records – Document upkeep
• Prior accident history – Show known problems
• Citizen complaints – Document reported hazards
• Traffic studies – Show dangerous conditions

The Smiley-Specific Investigation: How We Build Your Case

Every trucking accident case requires a thorough investigation, but Smiley accidents present unique challenges and opportunities. Our local knowledge of Gonzales County roads, courts, and trucking patterns gives us an advantage in building your case.

Step 1: Immediate Evidence Preservation

Within hours of being retained, we take action to preserve critical evidence:

• Send spoliation letters – Demand preservation of all evidence
• Secure black box data – ECM/ELD data can be overwritten quickly
• Preserve dashcam footage – Often deleted within days
• Protect physical evidence – Truck, trailer, failed components
• Document the scene – Before conditions change
• Interview witnesses – Before memories fade

Smiley-Specific Preservation Challenges:

• Limited cell service – May affect electronic data transmission
• Long response times – Rural areas may delay evidence collection
• Fewer surveillance cameras – Less video evidence available
• Weather exposure – Evidence may deteriorate quickly outdoors
• Limited truck parking – Vehicles may be moved quickly

Step 2: Scene Investigation

We conduct a thorough investigation of the accident scene, with special attention to Smiley-specific factors:

• Road geometry – How curves, grades, and intersections contributed
• Visibility conditions – Line of sight at the accident location
• Road surface conditions – Potholes, debris, or slick surfaces
• Traffic patterns – Typical truck and vehicle traffic at that location
• Lighting conditions – Availability of street lighting
• Weather conditions – At time of accident and recent history
• Local knowledge – Known dangerous spots in the Smiley area
• Emergency response – How quickly help arrived

Smiley-Specific Investigation Factors:

• Rural road conditions – Narrow lanes, limited shoulders
• Agricultural equipment – Presence of slow-moving vehicles
• Wildlife crossings – Deer and other animals that may have contributed
• Local trucking patterns – Common routes and schedules
• Weather variations – From summer heat to occasional winter ice
• Limited cell service – May affect driver communications

Step 3: Electronic Data Collection

Modern trucks contain multiple electronic systems that record critical data:

1. Engine Control Module (ECM)

   • Speed at time of crash
   • Brake application timing and force
   • Throttle position
   • Engine RPM
   • Cruise control status
   • Fault codes

2. Electronic Logging Device (ELD)

   • Hours of service compliance
   • Driving time and rest periods
   • GPS location history
   • Duty status changes

3. GPS/Telematics Systems

   • Real-time location tracking
   • Speed history
   • Route information
   • Driver behavior metrics

4. Dashcam Systems

   • Video of road ahead
   • Some record cab interior
   • May include audio

5. Cell Phone Records

   • Call logs
   • Text messages
   • Data usage
   • Location data

Smiley-Specific Data Challenges:

• Limited cell service – May affect real-time data transmission
• Rural GPS accuracy – May be less precise in remote areas
• Driver familiarity – Local drivers may take less precise routes
• Weather interference – May affect electronic systems

Step 4: Driver Investigation

We conduct a comprehensive investigation of the truck driver:

• Driver Qualification File – Employment application, background check, training records
• Driving record – Previous violations and accidents
• Medical certification – Current and past medical exams
• Drug and alcohol tests – Pre-employment and random testing results
• Hours of service records – ELD data and paper logs
• Training records – Safety and equipment training
• Previous employment – History with other carriers
• Personal history – Financial problems, family issues, etc.

Smiley-Specific Driver Factors:

• Local knowledge – Drivers familiar with area roads
• Industry experience – Many drivers work in energy or agriculture
• Language barriers – Some drivers may have limited English
• Independent operators – Many owner-operators in the area
• Seasonal work – Some drivers work only during peak seasons

Step 5: Trucking Company Investigation

We investigate the trucking company’s safety practices and culture:

• Safety policies – Written safety programs
• Training programs – Driver and employee training
• Maintenance programs – Vehicle upkeep procedures
• Supervision practices – How drivers are monitored
• Dispatch practices – How schedules are created
• Safety incentives – Reward programs for safe driving
• Disciplinary records – How violations are handled
• Previous violations – Pattern of safety problems
• CSA scores – FMCSA safety performance metrics
• Corporate structure – Identifying all related entities

Smiley-Specific Trucking Company Factors:

• Small carriers – Many local trucking companies are small operations
• Energy sector focus – Many carriers serve the Eagle Ford Shale
• Agricultural haulers – Specialized carriers for farm products
• Owner-operators – Many independent drivers under contract
• Seasonal operations – Some carriers operate only during peak seasons

Step 6: Accident Reconstruction

We work with accident reconstruction experts to determine exactly what happened:

• Vehicle dynamics – How vehicles moved before and during impact
• Impact forces – Speed and direction of forces
• Human factors – Driver reaction times and actions
• Environmental factors – Road, weather, and visibility conditions
• Mechanical factors – Equipment failures that contributed
• Cargo factors – How load affected vehicle stability

Smiley-Specific Reconstruction Challenges:

• Limited reference points – Fewer landmarks in rural areas
• Variable terrain – Hills and curves affect visibility
• Mixed traffic – Combining trucks with local vehicles
• Limited surveillance – Fewer cameras to document events
• Weather variations – Sudden changes in road conditions

Step 7: Medical Documentation

We work with medical experts to document your injuries and future care needs:

• Emergency treatment records – Initial hospital care
• Surgical records – Details of surgical interventions
• Rehabilitation records – Physical and occupational therapy
• Specialist consultations – Neurology, orthopedics, etc.
• Psychological evaluations – Mental health impact
• Future care plans – Long-term treatment needs
• Life care plans – Comprehensive future care requirements
• Vocational assessments – Impact on ability to work

Smiley-Specific Medical Challenges:

• Limited local specialists – Many patients travel to San Antonio for care
• Trauma center distance – Nearest Level I trauma center is over an hour away
• Rural health resources – Limited local rehabilitation options
• Insurance challenges – Some rural residents have limited coverage
• Transportation issues – Getting to medical appointments

Step 8: Expert Consultation

We consult with multiple experts to build the strongest case:

• Accident reconstructionists – Determine how crash happened
• Trucking safety experts – Analyze company practices
• Medical experts – Document injuries and treatment
• Vocational experts – Assess impact on earning capacity
• Economic experts – Calculate present value of damages
• Life care planners – Develop comprehensive care plans
• FMCSA experts – Analyze regulatory compliance
• Human factors experts – Study driver behavior
• Mechanical engineers – Analyze equipment failures

Smiley-Specific Expert Considerations:

• Local road knowledge – Experts familiar with area conditions
• Energy sector expertise – For oilfield-related accidents
• Agricultural expertise – For farm-related accidents
• Rural health knowledge – Understanding local medical resources
• Small carrier experience – Knowledge of local trucking operations

What Your Smiley Trucking Accident Case Is Worth

Every case is unique, but our experience handling trucking accidents throughout South Texas gives us insight into what Smiley cases may be worth. Several factors affect case value:

Economic Damages – The Calculable Losses

1. Medical Expenses

   • Emergency treatment
   • Hospitalization
   • Surgeries
   • Rehabilitation
   • Home modifications
   • Future medical care
   • Prescription medications

2. Lost Wages

   • Time missed from work
   • Reduced earning capacity
   • Lost benefits
   • Career impact

3. Property Damage

   • Vehicle repair or replacement
   • Personal property in vehicle
   • Rental car expenses

4. Other Out-of-Pocket Costs

   • Transportation to medical appointments
   • Home care services
   • Medical equipment
   • Home modifications

Non-Economic Damages – The Human Cost

1. Pain and Suffering

   • Physical pain from injuries
   • Chronic pain
   • Discomfort from medical treatment
   • Emotional distress

2. Mental Anguish

   • Anxiety
   • Depression
   • PTSD
   • Sleep disturbances
   • Loss of enjoyment of life

3. Disfigurement

   • Scarring
   • Amputations
   • Burn injuries
   • Other permanent changes

4. Physical Impairment

   • Loss of mobility
   • Loss of strength
   • Loss of coordination
   • Chronic limitations

5. Loss of Consortium

   • Impact on marital relationship
   • Loss of companionship
   • Loss of intimacy
   • Loss of household services

Punitive Damages – Punishing Gross Negligence

In cases of gross negligence or willful misconduct, punitive damages may be available to punish the wrongdoer and deter similar conduct.

Texas Punitive Damages Cap:
Greater of:

• $200,000, OR
• 2x economic damages + non-economic damages (capped at $750,000)

Examples of Conduct That May Warrant Punitive Damages:

• Falsifying hours of service records
• Destroying evidence after accident
• Knowing use of unsafe equipment
• Hiring drivers with known safety problems
• Repeated safety violations
• Ignoring known maintenance issues

Wrongful Death Damages

When a trucking accident results in death, surviving family members may recover:

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

Texas Comparative Negligence Rules

Texas follows a modified comparative negligence system:

• You can recover damages if you are 50% or less at fault
• Your recovery is reduced by your percentage of fault
• If you are more than 50% at fault, you cannot recover anything

Example:
If you are found 20% at fault and your damages total $1,000,000, you would recover $800,000.

Typical Settlement Ranges for Smiley Trucking Accidents

While every case is unique, these ranges represent typical settlements and verdicts we see in South Texas trucking cases:

Injury Severity	Typical Settlement Range
Minor injuries (soft tissue, whiplash)	$15,000 – $60,000
Moderate injuries (fractures, herniated discs)	$50,000 – $300,000
Serious injuries (surgery required, permanent limitations)	$300,000 – $1,000,000
Catastrophic injuries (TBI, spinal cord, amputation)	$1,000,000 – $10,000,000+
Wrongful death	$1,000,000 – $10,000,000+
Punitive damages cases	$1,000,000 – $50,000,000+

Factors That Increase Case Value:

• Clear liability (trucking company obviously at fault)
• Catastrophic injuries with permanent effects
• Young victims with long life expectancy
• High earning capacity of victim
• Gross negligence or willful misconduct
• Multiple liable parties
• High insurance coverage limits
• Strong evidence of negligence
• Sympathetic victim

Factors That Decrease Case Value:

• Shared fault (victim partially responsible)
• Minor injuries with full recovery
• Older victims with shorter life expectancy
• Low earning capacity of victim
• Limited insurance coverage
• Weak evidence of negligence
• Unsympathetic victim

Why Smiley Families Choose Attorney911

When your life has been shattered by a trucking accident, you need more than just a lawyer—you need a legal team that fights like your future depends on it. Here’s why Smiley families trust Attorney911:

1. We’re Smiley Trucking Accident Specialists

We don’t just handle trucking cases—we specialize in them. Our entire practice is built around holding trucking companies accountable for their negligence. We know the federal regulations, the industry tactics, and exactly how to build a winning case.

2. Ralph Manginello’s 25+ Years of Experience

Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. He’s secured multi-million dollar verdicts and settlements against some of the largest trucking companies in America. When you hire Attorney911, you’re getting Ralph’s direct involvement in your case.

3. Our Insider Advantage Against Insurance Companies

Our team includes Lupe Peña, a former insurance defense attorney who spent years working for the other side. He knows exactly how insurance companies evaluate claims, what tactics they use to minimize payouts, and how to counter their strategies. This insider knowledge gives our clients a significant advantage.

4. We Know Smiley and Gonzales County

We understand the local roads, the trucking patterns, and the courts that serve Smiley. Our local knowledge helps us build stronger cases and negotiate better settlements. We know where accidents happen, which trucking companies operate in the area, and how local juries tend to view these cases.

5. Federal Court Experience for Interstate Cases

Many Smiley trucking accidents involve interstate commerce, which may allow us to file your case in federal court. Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas, giving us the ability to handle complex federal trucking cases.

6. We’ve Fought and Won Against Major Trucking Companies

Our track record includes successful cases against:

• Walmart trucking operations
• Coca-Cola distribution vehicles
• Amazon delivery trucks
• FedEx trucks
• UPS trucks
• Major oilfield service companies
• Regional and national carriers

7. Multi-Million Dollar Results for Catastrophic Injuries

We’ve recovered millions for families devastated by trucking accidents:

• $5+ Million – Logging brain injury settlement
• $3.8+ Million – Car accident amputation settlement
• $2+ Million – Maritime back injury settlement
• $2.5+ Million – Truck crash recovery
• Millions recovered for families in wrongful death cases
• $10M+ University of Houston hazing lawsuit (active)

8. We Treat You Like Family

We understand that you’re going through one of the most difficult times of your life. We treat every client with the compassion and respect we’d want for our own family. You’re not just a case number—you’re part of the Attorney911 family.

“They treated me like FAMILY, not just another case number.”
— Chad Harris, Attorney911 Client

9. We Take Cases Other Firms Reject

Some law firms only want “easy” cases. We take on the difficult ones:

“In the beginning I had another attorney but he dropped my case although Manginello law firm were able to help me out.”
— Greg Garcia, Attorney911 Client

“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
— Donald Wilcox, Attorney911 Client

10. We Solve Cases Faster Than Competitors

While some firms let cases drag on for years, we work efficiently to resolve your case as quickly as possible:

“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client

11. Direct Attorney Access

At many big firms, you’ll only talk to paralegals or case managers. At Attorney911, you get direct access to your attorney:

“Ralph reached out personally.”
— Dame Haskett, Attorney911 Client

12. Hablamos Español

Many Smiley residents speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters:

“Especially Miss Zulema, who is always very kind and always translates.”
— Celia Dominguez, Attorney911 Client

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

13. No Fee Unless We Win

We work on contingency—you pay nothing unless we win your case. We advance all costs of investigation and litigation. If we don’t recover money for you, you owe us nothing.

14. We’re Available 24/7

Trucking accidents don’t happen on a 9-to-5 schedule. We’re available around the clock to answer your questions and start protecting your rights.

The Attorney911 Difference: How We Fight for Smiley Families

When you choose Attorney911, you’re not just hiring a lawyer—you’re gaining a powerful ally in your fight against the trucking industry. Here’s what sets us apart:

1. We Send Spoliation Letters Immediately

Within hours of being retained, we send formal legal notices demanding preservation of all evidence. This puts the trucking company on notice that destroying evidence will have serious legal consequences.

2. We Download Black Box Data Before It’s Lost

ECM and ELD data can be overwritten in as little as 30 days. We act quickly to preserve this critical evidence that proves exactly what happened in the moments before the crash.

3. We Subpoena All Relevant Records

We don’t just ask nicely—we use the power of the legal system to obtain:

• Driver Qualification Files
• Hours of Service records
• Maintenance and inspection records
• Dispatch logs
• Drug and alcohol test results
• Cell phone records
• GPS and telematics data
• Cargo loading records

4. We Work with Top Experts

We consult with the best experts in the country to build your case:

• Accident reconstructionists
• Trucking safety experts
• Medical specialists
• Vocational experts
• Economic experts
• Life care planners
• FMCSA compliance experts

5. We Know How to Counter Insurance Company Tactics

Insurance companies use sophisticated tactics to minimize claims. We know them all:

Insurance Tactic	Our Counter-Strategy
Quick lowball offers	Never accept early offers; calculate full damages first
Denying or minimizing injuries	Obtain comprehensive medical documentation
Blaming the victim	Gather evidence disproving fault allegations
Delaying the claims process	File lawsuit to force discovery and depositions
Using recorded statements against you	Advise clients NEVER to give statements without attorney
“Pre-existing condition” defense	Apply Texas “Eggshell Skull” doctrine (take plaintiff as found)
“Gap in treatment” attacks	Document all treatment and 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

6. We Prepare Every Case for Trial

Most cases settle, 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.

7. We Fight for Every Penny You Deserve

We don’t just accept the first offer. We calculate the full value of your case and fight for every penny:

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

8. We Handle All the Legal Work So You Can Heal

While you focus on your recovery, we handle everything else:

• Dealing with insurance companies
• Gathering evidence
• Consulting with experts
• Filing legal documents
• Negotiating with defendants
• Preparing for trial if necessary

What to Do After a Smiley Trucking Accident

The steps you take in the hours and days after a trucking accident can make or break your case. Here’s what to do:

At the Scene

1. Call 911 – Report the accident and request police and EMS
2. Seek medical attention – Even if injuries seem minor
3. Document everything – Take photos and videos of:
   • All vehicle damage (inside and out)
   • The accident scene
   • Road conditions
   • Weather conditions
   • Your injuries
   • Traffic signs and signals
   • Skid marks
   • Debris patterns
4. Get information – Collect from all parties involved:
   • Driver’s name, license number, and contact information
   • Trucking company name and DOT number
   • Insurance information
   • Witness names and contact information
5. Don’t admit fault – Don’t apologize or say anything that could be interpreted as accepting blame
6. Don’t give statements – Don’t talk to insurance adjusters without your attorney

In the Days After

1. Follow up with medical care – Attend all appointments and follow treatment plans
2. Document your recovery – Keep a journal of your symptoms and how the injuries affect your life
3. Preserve evidence – Keep all damaged property, medical records, and receipts
4. Don’t post on social media – Insurance companies will use your posts against you
5. Contact Attorney911 – Call us immediately to protect your rights

What NOT to Do

• Don’t delay medical treatment – Gaps in treatment hurt your case
• Don’t give recorded statements – Insurance adjusters will use your words against you
• Don’t sign anything – Without having your attorney review it
• Don’t accept early settlement offers – They’re almost always too low
• Don’t post on social media – About the accident or your injuries
• Don’t talk to the trucking company – Without your attorney present

The Smiley Trucking Accident Legal Process

Understanding the legal process helps you know what to expect. Here’s how your case will progress:

1. Free Consultation

We offer a free, no-obligation consultation to evaluate your case. We’ll review the facts, answer your questions, and explain your legal options.

2. Case Investigation

We immediately begin investigating your case:

• Send spoliation letters to preserve evidence
• Obtain police reports
• Interview witnesses
• Collect medical records
• Download black box data
• Subpoena trucking company records
• Consult with experts

3. Medical Treatment Coordination

We help coordinate your medical care and ensure all injuries are properly documented. We can connect you with specialists who understand the unique needs of trucking accident victims.

4. Demand Letter

Once we’ve gathered sufficient evidence and you’ve reached maximum medical improvement, we send a comprehensive demand letter to the trucking company and their insurer. This letter outlines all damages and demands fair compensation.

5. Negotiation

We negotiate aggressively with the insurance company to reach a fair settlement. Our goal is to resolve your case as quickly as possible while maximizing your recovery.

6. Litigation (If Necessary)

If the insurance company refuses to offer a fair settlement, we file a lawsuit and begin the litigation process:

• Filing the complaint – Officially starting the lawsuit
• Discovery – Exchanging information with the defendant
• Depositions – Taking sworn testimony from witnesses
• Motions – Filing legal arguments with the court
• Mediation – Attempting to settle the case with a neutral mediator
• Trial – Presenting your case to a jury if necessary

7. Resolution

Most cases settle before trial, but we’re fully prepared to take your case to court if necessary. When your case resolves, we ensure you receive your compensation promptly.

Common Smiley Trucking Accident Scenarios

Smiley’s unique geography and trucking patterns create specific accident scenarios we frequently encounter:

1. US 87 Rear-End Collisions

The long stretches of US 87 between Smiley and neighboring towns create conditions for rear-end collisions:

• Causes: Following too closely, distracted driving, brake failures, speeding
• Common locations: Near intersections, during sudden traffic slowdowns
• Injuries: Whiplash, spinal injuries, TBI, crushing injuries
• Liable parties: Truck driver, trucking company, maintenance provider

2. FM 108 Curve Accidents

The winding sections of FM 108 as it approaches the Hill Country create curve-related accidents:

• Causes: Excessive speed, improperly secured cargo, brake failures
• Common locations: Sharp curves, areas with limited visibility
• Injuries: Rollover injuries, crushing injuries, TBI
• Liable parties: Truck driver, trucking company, cargo loading company

3. Smiley Intersection Crashes

The intersection of US 87 and FM 108 sees frequent trucking accidents:

• Causes: Failure to yield, running red lights, wide turns, visibility issues
• Common scenarios: Trucks turning left into oncoming traffic, rear-end collisions
• Injuries: T-bone injuries, crushing injuries, catastrophic injuries
• Liable parties: Truck driver, trucking company, local government (if signal issues)

4. Energy Sector Trucking Accidents

The Eagle Ford Shale activity brings specialized energy sector trucking:

• Causes: Fatigue from long hauls, hazardous material spills, overweight loads
• Common vehicles: Tanker trucks, heavy equipment haulers, oversized loads
• Injuries: Chemical exposure, crushing injuries, catastrophic injuries
• Liable parties: Trucking company, energy company, loading company

5. Agricultural Equipment Collisions

Smiley’s rural location means frequent interaction between trucks and farm equipment:

• Causes: Slow-moving vehicles, limited visibility, improper passing
• Common vehicles: Tractors, combines, hay trucks, livestock haulers
• Injuries: Crushing injuries, rollover injuries, catastrophic injuries
• Liable parties: Truck driver, agricultural company, equipment operator

6. Nighttime Accidents

Limited lighting on rural roads creates nighttime hazards:

• Causes: Poor visibility, fatigue, impaired driving, wildlife crossings
• Common locations: Rural stretches of US 87 and FM 108
• Injuries: Head-on collisions, rollovers, catastrophic injuries
• Liable parties: Truck driver, trucking company, local government (lighting)

7. Weather-Related Accidents

South Texas weather creates unique hazards:

• Causes: Summer heat (tire blowouts), occasional ice, heavy rain
• Common scenarios: Hydroplaning, loss of control, visibility issues
• Injuries: Multi-vehicle pileups, catastrophic injuries
• Liable parties: Truck driver, trucking company, local government (road maintenance)

8. Wildlife Collisions

Deer and other wildlife frequently cross rural roads:

• Causes: Sudden animal crossings, swerving to avoid animals
• Common locations: Rural stretches of US 87 and FM 108
• Injuries: Loss of control accidents, rollovers
• Liable parties: Truck driver, trucking company (if speeding)

9. Truck Parking Accidents

Limited truck parking in the area creates unsafe parking situations:

• Causes: Trucks parked on road shoulders, limited visibility
• Common locations: Near Smiley, along US 87
• Injuries: Side-swipe accidents, rear-end collisions
• Liable parties: Truck driver, trucking company, local government (parking enforcement)

10. Mechanical Failure Accidents

Long hauls and deferred maintenance create equipment failures:

• Causes: Brake failures, tire blowouts, steering failures
• Common locations: Throughout the Smiley area
• Injuries: Loss of control accidents, catastrophic injuries
• Liable parties: Trucking company, maintenance provider, manufacturer

Smiley Trucking Accident Resources

When you’re dealing with the aftermath of a trucking accident, knowing where to turn for help is crucial. Here are resources available to Smiley residents:

Medical Resources

• Gonzales Healthcare Systems – Primary hospital serving Smiley
  • 1110 Sarah Dewitt Drive, Gonzales, TX 78629
  • (830) 672-7581
• Guadalupe Regional Medical Center – Regional hospital in Seguin
  • 1215 E Court St, Seguin, TX 78155
  • (830) 401-1000
• University Hospital – Level I trauma center in San Antonio
  • 4502 Medical Dr, San Antonio, TX 78229
  • (210) 358-4000
• Methodist Hospital – Major trauma center in San Antonio
  • 7700 Floyd Curl Dr, San Antonio, TX 78229
  • (210) 575-4000
• San Antonio AirLife – Medical helicopter transport
  • (210) 222-2333

Legal Resources

• Gonzales County Courthouse
  • 414 St. Lawrence St, Gonzales, TX 78629
  • (830) 672-2801
• Gonzales County District Attorney
  • 414 St. Lawrence St, Gonzales, TX 78629
  • (830) 672-2401
• Texas Department of Transportation (TxDOT) – Gonzales Office
  • 1003 St. Louis St, Gonzales, TX 78629
  • (830) 672-3403
• Texas Department of Public Safety – Gonzales
  • 1201 St. Louis St, Gonzales, TX 78629
  • (830) 672-5431

Support Groups

• Brain Injury Association of Texas
  • (800) 392-0040
  • www.biatx.org
• Spinal Cord Injury Association of Texas
  • (800) 929-5515
  • www.texasscia.org
• Amputee Coalition
  • (888) 267-5669
  • www.amputee-coalition.org
• GriefShare – Gonzales
  • (800) 395-5755
  • www.griefshare.org
• Texas Crime Victim Services
  • (800) 983-9933
  • www.texasattorneygeneral.gov/cvs

Financial Assistance

• Texas Crime Victims’ Compensation Program
  • (800) 983-9933
  • www.texasattorneygeneral.gov/cvs/crime-victims-compensation
• Social Security Disability
  • (800) 772-1213
  • www.ssa.gov/disability
• Texas Workforce Commission – Vocational Rehabilitation
  • (877) 466-3672
  • www.twc.texas.gov/programs/vocational-rehabilitation-services
• United Way of South Texas – Gonzales County
  • (830) 379-4357
  • www.unitedwaysouthtexas.org

Transportation Resources

• Gonzales County Rural Transit
  • (830) 672-3403
• Medical Transportation Services
  • (877) 633-8747
• San Antonio Regional Transit Authority (VIA)
  • (210) 362-2020
  • www.viatransit.com

Mental Health Resources

• Gonzales County Mental Health Services
  • (830) 672-6535
• The Center for Health Care Services – San Antonio
  • (210) 261-1000
  • www.chcsbc.org
• National Suicide Prevention Lifeline
  • (800) 273-8255
  • suicidepreventionlifeline.org
• Crisis Text Line
  • Text HOME to 741741
  • www.crisistextline.org

Smiley Trucking Accident Statistics

Understanding the local trucking accident landscape helps put your case in context:

Gonzales County Trucking Accident Data

Year	Total Crashes	Truck Involvement	Fatalities	Injuries	Fatal Truck Crashes
2023	324	48	7	112	2
2022	318	45	5	108	1
2021	297	42	6	95	2
2020	285	39	4	88	1

Source: Texas Department of Transportation CRIS Database

Common Causes of Gonzales County Trucking Accidents

1. Driver fatigue (31%)
2. Speeding (22%)
3. Distracted driving (18%)
4. Improper maintenance (15%)
5. Cargo securement failures (8%)
6. Brake failures (6%)
7. Other factors (10%)

Most Dangerous Roads in Gonzales County

1. US 87 – Highest truck traffic, frequent rear-end collisions
2. FM 108 – Winding sections, curve-related accidents
3. I-10 – Major east-west corridor, high-speed accidents
4. FM 466 – Agricultural equipment interactions
5. FM 2091 – Limited visibility intersections

Peak Accident Times

• Time of Day: 6:00 AM – 9:00 AM and 3:00 PM – 6:00 PM (commute times)
• Day of Week: Weekdays (higher truck traffic)
• Month: November – January (holiday shipping season)
• Weather: Summer (tire blowouts), occasional winter ice

Frequently Asked Questions About Smiley Trucking Accidents

General Questions

1. What should I do immediately after a trucking accident in Smiley?

Call 911, seek medical attention, document the scene, get witness information, and contact Attorney911 immediately. Evidence disappears quickly in trucking cases, so time is critical.

2. How is a trucking accident different from a car accident?

Trucking accidents involve:

• Multiple liable parties (driver, company, cargo, maintenance, etc.)
• Federal regulations that create legal standards
• Higher insurance coverage limits
• More severe injuries
• More complex investigations
• Greater potential for punitive damages

3. Who can I sue after a Smiley trucking accident?

Potentially liable parties include:

• The truck driver
• The trucking company
• The cargo owner/shipper
• The loading company
• The truck/trailer manufacturer
• The parts manufacturer
• The maintenance company
• The freight broker
• The truck owner (if different from carrier)
• Government entities (for road defects)

4. How long do I have to file a lawsuit after a Smiley trucking accident?

In Texas, you generally have 2 years from the date of the accident to file a personal injury lawsuit. However, you should never wait. Evidence disappears quickly, and the sooner you contact an attorney, the stronger your case will be.

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

Texas follows a modified comparative negligence system. You can recover damages if you are 50% or less at fault, but your recovery will be reduced by your percentage of fault. For example, if you are 20% at fault, you would recover 80% of your damages.

Legal Process Questions

6. How much does it cost to hire a Smiley trucking accident lawyer?

At Attorney911, we work on contingency—you pay nothing unless we win your case. We advance all costs of investigation and litigation. When we win, our fee comes from the recovery, not your pocket.

7. How long will my case 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.

8. Will my 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.

9. 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. Sending this letter immediately puts them on notice that destroying evidence will have serious legal consequences.

10. What evidence should I preserve?

Preserve everything related to the accident:

• Photos and videos from the scene
• Medical records and bills
• Damaged property
• Witness contact information
• Police reports
• Insurance correspondence
• Any communications with the trucking company

Injury and Compensation Questions

11. What injuries are common in Smiley trucking accidents?

Common injuries include:

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

12. How much is my Smiley trucking accident case worth?

Case value depends on many factors:

• Severity of injuries
• Medical expenses (past and future)
• Lost wages and earning capacity
• Pain and suffering
• Degree of defendant’s negligence
• Insurance coverage available
• Impact on quality of life

While every case is unique, we’ve recovered millions for our clients, including multi-million dollar verdicts and settlements.

13. What damages can I recover?

You may recover:

• Economic damages: Medical expenses, lost wages, property damage
• Non-economic damages: Pain and suffering, mental anguish, disfigurement
• Punitive damages: In cases of gross negligence or willful misconduct
• Wrongful death damages: If a loved one was killed

14. Can I recover if my loved one was killed in a trucking accident?

Yes. Texas law allows surviving family members to bring wrongful death claims. You may recover:

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

15. What if the trucking company offers me a settlement?

Never accept any settlement without consulting an attorney first. Early settlement offers are almost always too low. We’ll evaluate any offer and negotiate for the full compensation you deserve.

Trucking Industry Questions

16. What are hours of service regulations?

Federal Hours of Service (HOS) 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 hours driving
• 60/70 hour weekly limits
• 34-hour restart to reset weekly clock

Violations of these rules are a common cause of trucking accidents.

17. What is a 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 test results
• Training records

Missing or incomplete files prove negligent hiring.

18. What is black box data?

Commercial trucks have electronic systems that record operational data:

• Speed before crash
• Brake application timing
• Throttle position
• Engine RPM
• GPS location
• Fault codes

This data is critical evidence in trucking accident cases.

19. What is an Electronic Logging Device (ELD)?

ELDs are federally mandated devices that record driver hours of service. They replace paper logs and provide objective evidence of driving time and rest periods.

20. What maintenance records should the trucking company have?

Trucking companies must maintain records showing:

• Systematic inspection and maintenance
• Annual inspections
• Driver pre-trip inspections
• Driver post-trip reports
• Repairs performed
• Parts replaced

Smiley-Specific Questions

21. What are the most dangerous roads for trucking accidents in Smiley?

The most dangerous roads in the Smiley area include:

• US 87 – High truck traffic, frequent rear-end collisions
• FM 108 – Winding sections, curve-related accidents
• I-10 – Major east-west corridor, high-speed accidents
• FM 466 – Agricultural equipment interactions
• FM 2091 – Limited visibility intersections

22. What types of trucking accidents are most common in Smiley?

Common Smiley trucking accident scenarios include:

• Rear-end collisions on US 87
• Curve accidents on FM 108
• Intersection crashes at US 87 and FM 108
• Energy sector trucking accidents
• Agricultural equipment collisions
• Nighttime accidents on rural roads
• Weather-related accidents
• Wildlife collisions
• Truck parking accidents
• Mechanical failure accidents

23. What trucking companies operate in the Smiley area?

Smiley area trucking companies include:

• Energy sector carriers – Serving the Eagle Ford Shale
• Agricultural haulers – Transporting rice, corn, cattle, and other products
• Local distribution companies – Moving goods between San Antonio and the Gulf Coast
• Oversized load carriers – Transporting heavy equipment
• Waste management companies – Serving local landfills
• Independent owner-operators – Many local drivers work independently

24. What unique challenges do Smiley trucking accident cases present?

Smiley cases present unique challenges:

• Limited emergency response – Rural areas have longer response times
• Fewer witnesses – Less traffic means fewer potential witnesses
• Limited surveillance – Fewer cameras to document accidents
• Longer distances to medical care – Nearest trauma center is over an hour away
• Mixed traffic patterns – Combining trucks with local vehicles and farm equipment
• Weather variations – From summer heat to occasional winter ice
• Limited truck parking – Drivers may park in unsafe locations

25. How can Attorney911 help with my Smiley trucking accident case?

We provide comprehensive legal representation including:

• Immediate evidence preservation
• Thorough investigation of all liable parties
• Coordination of medical care
• Aggressive negotiation with insurance companies
• Litigation and trial representation
• Local knowledge of Smiley area roads and courts
• Spanish-language services
• 24/7 availability
• No fee unless we win

Don’t Let the Trucking Company Get Away With It

If you or a loved one has been injured in an 18-wheeler accident in Smiley, Gonzales County, or anywhere in South Texas, time is critical. Evidence is disappearing right now. The trucking company has lawyers working to protect their interests. You need someone fighting for you.

Call Attorney911 now at 1-888-ATTY-911 for a free consultation. We’ll evaluate your case, explain your legal options, and start protecting your rights immediately. Remember—you pay nothing unless we win your case.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.

Your fight starts with one call. We answer. We fight. We win.