18-Wheeler Accidents in Waco: Your Complete Legal Guide

Every year, thousands of families in Central Texas face life-altering consequences from 18-wheeler accidents on Waco’s highways. If you or someone you love has been seriously injured in a trucking collision on I-35, Highway 6, or any of Waco’s busy freight corridors, you need experienced legal representation that understands both federal trucking regulations and the unique challenges of Central Texas courts.

At Attorney911, we’ve been fighting for truck accident victims across Texas for over 25 years. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements against some of the nation’s largest trucking companies. With offices serving Waco and all of Central Texas, we have the local knowledge and federal court experience to handle your case effectively.

Why Waco Trucking Accidents Are Different

Waco sits at the crossroads of major transportation routes, making our city particularly vulnerable to commercial vehicle accidents:

• I-35 Corridor: One of the busiest trucking routes in America, connecting Mexico to Canada through Waco
• Highway 6: Major east-west route carrying freight between Houston and West Texas
• Loop 340: Truck-heavy route serving local distribution centers
• Brazos River Crossings: Multiple bridges where truck traffic converges
• Local Distribution Hubs: Major warehouses and logistics centers throughout McLennan County

The unique combination of heavy truck traffic, challenging road conditions, and local weather patterns creates specific risks for Waco drivers. Our team understands these local factors and how they contribute to trucking accidents in our community.

Common Causes of 18-Wheeler Accidents in Waco

Trucking accidents in Waco typically result from one or more of these dangerous conditions:

Driver Fatigue and Hours of Service Violations

Federal regulations (49 CFR § 395) limit truck drivers to:

• 11 hours of driving after 10 consecutive hours off duty
• 14-hour on-duty window
• 30-minute break after 8 hours of driving
• 60/70-hour weekly limits

Despite these rules, we frequently see drivers working dangerously long hours on Waco’s roads. The pressure to meet tight delivery schedules often leads to fatigue-related crashes, particularly on overnight routes through Central Texas.

Distracted Driving

With the rise of smartphones and in-cab technology, distracted driving has become a major issue on Waco’s highways. Federal regulations (49 CFR § 392.82) prohibit hand-held phone use, but we still see drivers:

• Texting while driving
• Using dispatch systems
• Checking GPS devices
• Eating or drinking behind the wheel

Improper Maintenance and Equipment Failures

Waco’s climate – with its hot summers and occasional winter ice – puts particular stress on truck equipment. Common maintenance failures include:

• Brake system deficiencies (49 CFR § 393.48 violations)
• Worn tires and blowouts (49 CFR § 393.75 violations)
• Faulty lighting and reflectors (49 CFR § 393.11 violations)
• Cargo securement failures (49 CFR § 393.100-136 violations)

Hazardous Cargo and Spills

Waco’s position as a distribution hub means our roads carry a wide variety of cargo, including:

• Hazardous materials (requiring $5 million insurance under federal law)
• Overweight or improperly loaded freight
• Liquid cargo that can shift and cause instability
• Agricultural products with unique securement requirements

Dangerous Road Conditions in Waco

Several local factors contribute to trucking accidents in our area:

• I-35 Construction Zones: Ongoing expansion projects create congestion and lane changes
• Brazos River Bridge Approaches: Steep grades and sharp curves create challenges
• Highway 6 Interchanges: Complex merging areas with heavy truck traffic
• Loop 340 Congestion: Mix of local and through traffic creates conflict points
• Severe Weather: Sudden thunderstorms, flash flooding, and occasional winter ice

Types of 18-Wheeler Accidents Common in Waco

Jackknife Accidents

Jackknife accidents occur when a truck’s trailer swings out to the side, forming a 90-degree angle with the cab. These are particularly common in Waco due to:

• Sudden braking on wet roads
• Improperly loaded trailers
• Brake failures on steep grades
• Driver overcorrection after running off road

Underride Collisions

Underride accidents happen when a smaller vehicle slides underneath a trailer, often resulting in catastrophic injuries. Waco sees two types:

• Rear Underride: When a vehicle strikes the back of a trailer
• Side Underride: When a vehicle impacts the side of a trailer during turns or lane changes

Federal regulations (49 CFR § 393.86) require rear impact guards, but no federal requirement exists for side guards, despite their proven effectiveness.

Rollover Accidents

Rollover accidents are particularly dangerous in Waco due to:

• Steep grades on I-35 approaches to the Brazos River
• Sharp curves on Highway 6
• Improperly secured cargo that shifts during turns
• Driver inexperience with Central Texas road conditions

Tire Blowouts

Waco’s hot climate and heavy truck traffic create ideal conditions for tire failures. Blowouts often occur due to:

• Underinflated tires
• Overloaded vehicles
• Worn or aged tires
• Road debris
• Manufacturing defects

Brake Failures

Brake system failures cause many Waco trucking accidents, particularly:

• On long descents approaching the Brazos River bridges
• In stop-and-go traffic on Loop 340
• During sudden stops in construction zones
• When maintenance is deferred to save costs

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents are common in Waco’s urban areas where trucks must navigate tight turns. These occur when:

• Trucks swing left before making a right turn
• Smaller vehicles enter the gap created by the wide turn
• Trucks complete their turn and crush vehicles in the gap

Blind Spot Collisions (“No-Zone” Accidents)

Trucks have four major blind spots where accidents frequently occur:

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 (largest blind spot)

These accidents are particularly common on Waco’s multi-lane highways where vehicles linger in blind spots.

Catastrophic Injuries from Waco Trucking Accidents

The size and weight disparity between 18-wheelers and passenger vehicles means trucking accidents often result in life-altering injuries:

Traumatic Brain Injury (TBI)

TBI is one of the most common and devastating injuries in Waco trucking accidents. The extreme forces involved can cause:

• Concussions (mild TBI)
• Moderate TBI with extended unconsciousness
• Severe TBI with permanent cognitive impairment

Symptoms may include:

• Headaches and dizziness
• Memory loss and confusion
• Difficulty concentrating
• Mood changes and depression
• Sleep disturbances
• Sensory problems
• Speech difficulties
• Personality changes

Spinal Cord Injuries and Paralysis

Spinal cord damage can result in:

• Paraplegia: Loss of function below the waist
• Quadriplegia: Loss of function in all four limbs
• Incomplete Injuries: Some nerve function remains
• Complete Injuries: Total loss of sensation and movement

These injuries often require:

• Immediate emergency surgery
• Long-term rehabilitation
• Home modifications
• Assistive devices
• 24/7 care for severe cases

Amputations

Amputations occur when:

• Limbs are severed in the initial impact
• Crush injuries require surgical amputation
• Severe burns necessitate removal of damaged tissue

Amputations create lifelong challenges including:

• Multiple surgeries
• Prosthetic limbs ($5,000-$50,000 each)
• Physical therapy
• Occupational therapy
• Psychological counseling
• Home modifications

Severe Burns

Burn injuries in trucking accidents result from:

• Fuel tank ruptures and fires
• Hazardous material spills
• Electrical fires
• Friction burns from road contact
• Chemical exposure

Burn classifications:

• First Degree: Epidermis only
• Second Degree: Epidermis and dermis
• Third Degree: Full thickness
• Fourth Degree: Through skin to muscle/bone

Internal Organ Damage

Common internal injuries include:

• Liver laceration or rupture
• Spleen damage requiring removal
• Kidney damage
• Lung contusion or collapse (pneumothorax)
• Internal bleeding (hemorrhage)
• Bowel and intestinal damage

Wrongful Death

When trucking accidents claim lives, surviving family members may pursue wrongful death claims to recover:

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

Who Can Be Held Liable in Waco Trucking Accidents

Unlike typical car accidents, trucking collisions often involve multiple liable parties. Our investigation identifies all responsible parties to maximize your recovery:

The Truck Driver

Drivers may be personally liable for:

• Speeding or reckless driving
• Distracted driving (phone use, texting)
• Fatigued driving beyond legal limits
• Impaired driving (drugs, alcohol)
• Failure to conduct proper pre-trip inspections
• Traffic law violations

The Trucking Company/Motor Carrier

Trucking companies bear significant responsibility through:

• Vicarious Liability: Employer responsibility for employee actions
• Negligent Hiring: Failure to check driver qualifications
• Negligent Training: Inadequate safety training
• Negligent Supervision: Failure to monitor driver performance
• Negligent Maintenance: Poor vehicle upkeep
• Negligent Scheduling: Pressure to violate hours of service rules

Cargo Owners and Shippers

The companies that own and arrange cargo transport may be liable for:

• Providing improper loading instructions
• Failing to disclose hazardous cargo
• Requiring overweight loading
• Pressuring carriers to expedite deliveries
• Misrepresenting cargo weight or characteristics

Cargo Loading Companies

Third-party loading companies may be responsible for:

• Improper cargo securement (49 CFR 393 violations)
• Unbalanced load distribution
• Exceeding vehicle weight ratings
• Failure to use proper blocking and bracing
• Inadequate loader training

Truck and Trailer Manufacturers

Manufacturers may be liable for:

• Design defects in vehicle systems
• Manufacturing defects in components
• Failure to warn of known dangers
• Defective safety systems (ABS, ESC, collision warning)

Parts Manufacturers

Companies that manufacture specific components may be liable for:

• Defective brakes or brake components
• Defective tires causing blowouts
• Defective steering mechanisms
• Defective lighting components
• Defective coupling devices

Maintenance Companies

Third-party maintenance providers may be liable for:

• Negligent repairs that fail 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 unsafe carriers
• Failure to verify carrier insurance and authority
• Failure to check carrier safety records
• Selecting carriers based solely on low cost

Truck Owners (If Different from Carrier)

In owner-operator arrangements, truck owners may be liable for:

• Negligent entrustment of their vehicle
• Failure to maintain owned equipment
• Knowledge of driver’s unfitness

Government Entities

Federal, state, or local government may be liable for:

• Dangerous road design contributing to accidents
• Failure to maintain roads (potholes, debris)
• Inadequate signage for known hazards
• Failure to install safety barriers
• Improper work zone setup

Critical Evidence in Waco Trucking Cases

Evidence disappears quickly in trucking cases. Our team takes immediate action to preserve:

Electronic Data

• ECM/Black Box Data: Records speed, braking, throttle position, fault codes
• ELD Records: Prove hours of service compliance or violations
• GPS/Telematics Data: Shows route, speed, and location history
• Cell Phone Records: Prove distracted driving
• Dashcam Footage: Video evidence of the accident

Driver Records

• Driver Qualification File: Employment application, background checks, medical certification
• Driving Record: History of violations and accidents
• Drug/Alcohol Test Results: Pre-employment and random testing
• Training Records: Safety and equipment training documentation

Vehicle Records

• Maintenance Records: Repair history and inspection reports
• Inspection Reports: Pre-trip, post-trip, and annual inspections
• Out-of-Service Orders: Previous violations and repairs
• Tire Records: Replacement history and tread depth
• Brake Inspection Records: Adjustment and repair history

Company Records

• Hours of Service Records: For 6 months prior to accident
• Dispatch Logs: Trip records and communications
• Safety Policies: Company safety procedures
• Hiring Policies: Background check procedures
• Training Curricula: Driver training programs

Physical Evidence

• The Truck and Trailer: For inspection and analysis
• Failed Components: For defect analysis
• Cargo and Securement Devices: For load analysis
• Tire Remnants: For blowout analysis

Why Choose Attorney911 for Your Waco Trucking Case

Local Knowledge and Experience

We understand Waco’s unique trucking environment:

• Major highways and freight routes
• Local distribution centers and warehouses
• McLennan County courts and judges
• Regional weather patterns affecting trucking
• Local accident patterns and high-risk areas

Federal Court Experience

Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas, giving us the ability to handle interstate trucking cases that may be filed in federal court.

Insurance Defense Advantage

Our associate attorney Lupe Peña spent years working for a national insurance defense firm. He knows exactly how trucking companies and their insurers evaluate claims, minimize payouts, and deny liability. This insider knowledge gives our clients a significant advantage.

Proven Track Record

We’ve secured multi-million dollar results for trucking accident victims, including:

• $5+ million brain injury settlement from a logging accident
• $3.8+ million amputation settlement from a car accident with medical complications
• $2.5+ million truck crash recovery
• Millions recovered for families in wrongful death cases

Aggressive Representation

We prepare every case as if it’s going to trial. This approach creates leverage in settlement negotiations and positions us to win at trial when necessary. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys.

Compassionate Client Service

We treat every client like family. Our team includes bilingual staff who can communicate directly with Spanish-speaking clients. We understand the physical, emotional, and financial toll these accidents take on families, and we’re committed to guiding you through every step of the process.

What to Do After an 18-Wheeler Accident in Waco

If you’ve been involved in a trucking accident in Waco, take these critical steps:

1. Call 911 Immediately

   • Report the accident and request emergency responders
   • Ensure police create an official accident report

2. Seek Medical Attention

   • Get evaluated at a Waco hospital or trauma center
   • Many injuries don’t show symptoms immediately
   • Medical records create critical evidence for your case

3. Document the Scene

   • Take photos of all vehicles involved
   • Photograph the accident scene, road conditions, and skid marks
   • Document your injuries with photos
   • Get contact information from witnesses

4. Collect Truck Information

   • Truck and trailer license plates
   • DOT number (on truck door)
   • Trucking company name and logo
   • Driver’s name, CDL number, and contact information

5. Do NOT Give Statements

   • Do not speak to the trucking company’s insurance adjuster
   • Do not give recorded statements
   • Anything you say can be used against you

6. Contact Attorney911 Immediately

   • Call 1-888-ATTY-911 for a free consultation
   • We’ll send preservation letters to protect critical evidence
   • We’ll begin investigating your case immediately

The Attorney911 Process for Waco Trucking Cases

1. Free Initial Consultation

   • We evaluate your case at no cost
   • Explain your legal options
   • Answer all your questions

2. Immediate Evidence Preservation

   • Send spoliation letters to all potentially liable parties
   • Demand preservation of ECM, ELD, and other electronic data
   • Secure physical evidence before it’s lost or destroyed

3. Comprehensive Investigation

   • Obtain police accident reports
   • Subpoena electronic data and records
   • Interview witnesses
   • Hire accident reconstruction experts
   • Analyze all available evidence

4. Medical Care Coordination

   • Help you get appropriate medical treatment
   • Work with doctors to document your injuries
   • Ensure you receive proper care for your recovery

5. Liability Determination

   • Identify all potentially liable parties
   • Analyze FMCSA violations
   • Build case for negligence and liability

6. Damage Assessment

   • Calculate economic damages (medical bills, lost wages)
   • Assess non-economic damages (pain and suffering)
   • Project future medical needs and lost earning capacity

7. Demand and Negotiation

   • Prepare comprehensive demand package
   • Negotiate with insurance companies
   • Reject lowball settlement offers

8. Litigation (When Necessary)

   • File lawsuit before statute of limitations expires
   • Conduct aggressive discovery
   • Take depositions of key witnesses
   • Prepare for trial

9. Resolution

   • Negotiate favorable settlement
   • Take case to trial if necessary
   • Secure maximum compensation for your injuries

Waco-Specific Considerations in Trucking Cases

Local Trucking Corridors and High-Risk Areas

Our team understands the specific risks associated with Waco’s trucking routes:

• I-35: Heavy north-south traffic with frequent congestion near downtown Waco and the Brazos River crossings
• Highway 6: Major east-west route with challenging intersections and merging areas
• Loop 340: Mix of local and through traffic with frequent lane changes
• Brazos River Bridges: Steep grades and sharp curves create challenges for loaded trucks
• Downtown Waco: Tight turns and pedestrian traffic increase accident risks
• Local Distribution Centers: High volume of truck traffic in concentrated areas

Waco Weather Conditions Affecting Trucking Safety

Central Texas weather creates unique challenges for truck drivers:

• Sudden Thunderstorms: Cause flash flooding and reduced visibility
• Summer Heat: Can lead to tire blowouts and brake fade
• Winter Ice: Rare but catastrophic when it occurs (as seen in the 2021 winter storm)
• High Winds: Particularly dangerous for empty trailers and high-profile loads
• Fog: Common in low-lying areas and near the Brazos River

Local Hospitals and Trauma Centers

Waco’s medical facilities play a critical role in documenting and treating trucking accident injuries:

• Baylor Scott & White Medical Center – Hillcrest: Level III trauma center serving Central Texas
• Ascension Providence: Major medical center with emergency services
• Baylor Scott & White Medical Center – Waco: Full-service hospital with specialized care
• Local Urgent Care Centers: For less severe injuries requiring prompt attention

McLennan County Courts and Legal Process

We have extensive experience navigating the local legal system:

• McLennan County District Courts: Where serious injury cases are typically filed
• McLennan County Justice of the Peace Courts: For smaller claims
• Local Judges and Court Staff: Familiarity with local procedures and preferences
• Jury Pools: Understanding of Central Texas jurors and their attitudes toward trucking cases

Frequently Asked Questions About Waco Trucking Accidents

What should I do immediately after an 18-wheeler accident in Waco?

If you’re able, take these critical steps:

• Call 911 and report the accident
• Seek medical attention immediately, even if injuries seem minor
• Document the scene with photos and video
• Get the trucking company name, DOT number, and driver information
• Collect witness contact information
• Do NOT give recorded statements to any insurance company
• Call an experienced Waco trucking accident attorney immediately

How quickly should I contact a Waco trucking accident attorney?

Contact us within 24-48 hours if possible. Critical evidence in trucking cases disappears quickly:

• Black box data can be overwritten in 30 days
• Dashcam footage is often deleted within 7-14 days
• Witness memories fade within weeks
• Physical evidence may be repaired or destroyed

We send spoliation letters immediately to preserve this evidence before it’s lost forever.

Who can I sue after a trucking accident in Waco?

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)

We investigate all potentially liable parties to maximize your recovery.

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

Usually yes. Under the doctrine of respondeat superior, employers are responsible for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:

• Negligent hiring (hiring unqualified drivers)
• Negligent training (inadequate safety training)
• Negligent supervision (failing to monitor driver behavior)
• Negligent maintenance (poor vehicle upkeep)

What if I was partially at fault for the accident?

Texas uses a modified comparative negligence system. You can recover damages as long as you’re not more than 50% at fault. Your recovery will be reduced by your percentage of fault. For example, if you’re found 20% at fault, you can recover 80% of your damages.

Our job is to investigate thoroughly and gather evidence to minimize your attributed fault. We’ve successfully handled many cases where initial reports suggested our clients were partially at fault.

What is a truck’s “black box” and how does it help my case?

Commercial trucks have electronic systems that continuously record operational data, similar to an airplane’s black box. This data can show:

• Speed before and during the crash
• Brake application timing
• Throttle position
• Whether cruise control was engaged
• GPS location
• Engine performance data

This objective evidence often contradicts what drivers claim happened and can be crucial in proving liability.

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.

ELDs also record GPS location, speed, and other operational data that can be critical evidence in your case.

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 comprehensive records including:

• 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 hours off duty
• Cannot drive beyond 14th consecutive hour on duty
• 30-minute break required after 8 hours driving
• 60/70-hour weekly limits

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely to changing road conditions.

What FMCSA regulations are most commonly violated in accidents?

The top violations we find in Waco trucking cases:

• 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, which can make the trucking company directly liable for your injuries.

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.

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

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

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

How much are 18-wheeler accident cases worth in Waco?

Case values depend on many factors:

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

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.

What if my loved one was killed in a trucking accident in Waco?

Texas law allows wrongful death claims by surviving family members. You may recover:

• Lost future income
• Loss of companionship and guidance
• Mental anguish
• Funeral expenses
• Punitive damages if gross negligence

Time limits apply – contact us immediately to protect your rights.

How long do I have to file an 18-wheeler accident lawsuit in Waco?

Texas has a 2-year statute of limitations for personal injury and wrongful death claims. However, you should never wait. Evidence disappears quickly in trucking cases, and 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. We have the resources and experience to take your case all the way if necessary.

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.

How much insurance do trucking companies carry?

Federal law requires minimum liability coverage:

• $750,000 for non-hazardous freight
• $1,000,000 for oil, large equipment
• $5,000,000 for hazardous materials

Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated, unlike typical car accidents where insurance may be limited to $30,000-$100,000.

What if multiple insurance policies apply to my accident?

Trucking cases often involve multiple policies:

• Motor carrier’s liability policy
• Trailer interchange coverage
• Cargo insurance
• Owner-operator’s policy
• Excess/umbrella coverage

We identify all available coverage to maximize your recovery.

Will the trucking company’s insurance try to settle quickly?

Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.

What if the truck driver was an independent contractor?

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.

How do I find out if the trucking company has a bad safety record?

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

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

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

What is the trucking company doing right now to protect themselves?

Within hours of your accident, the trucking company’s rapid-response team is:

• Sending investigators to the scene
• Preserving evidence that helps them
• Interviewing witnesses
• Preparing their defense
• Contacting their insurance company

You need an attorney working just as quickly to protect your interests.

What is the most important evidence in a trucking accident case?

The most critical evidence varies by case, but typically includes:

• Electronic data (ECM, ELD, GPS)
• Driver Qualification File
• Maintenance records
• Accident reconstruction analysis
• Witness statements
• Medical records documenting your injuries

How do you prove the driver was fatigued?

We use multiple sources of evidence:

• ELD records showing hours of service violations
• Dispatch logs showing unrealistic schedules
• Cell phone records showing late-night communications
• Witness statements about driver behavior
• Accident reconstruction showing delayed reaction
• Driver’s previous violation history

What experts do you use in trucking cases?

We work with top experts including:

• Accident reconstruction specialists
• Trucking industry experts
• Mechanical engineers
• Medical experts
• Vocational rehabilitation experts
• Life care planners
• Economists

How are future medical expenses calculated?

We work with medical experts to:

• Document your current medical needs
• Project future treatment requirements
• Calculate the cost of future care
• Determine life expectancy
• Create comprehensive life care plans

What is loss of consortium?

Loss of consortium refers to the negative impact on your relationship with your spouse due to your injuries. This can include:

• Loss of companionship
• Loss of affection
• Loss of sexual relations
• Loss of household services
• Emotional distress

When are punitive damages available?

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

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

Punitive damages are designed to punish wrongdoers and deter similar conduct in the future.

What if the trucking company goes bankrupt?

We investigate all potentially liable parties to ensure recovery is possible even if the primary defendant becomes insolvent. This may include:

• Insurance companies
• Other liable parties (cargo owners, maintenance companies, etc.)
• Personal assets of individual defendants

How do cargo spills create liability?

Cargo spills can create liability in several ways:

• Improper securement causing the spill (49 CFR 393 violations)
• Hazardous material spills creating additional dangers
• Debris on the roadway causing secondary accidents
• Shifting cargo causing loss of control

The company that loaded the cargo and the trucking company may both be liable.

What if a tire blowout caused my accident?

Tire blowouts often result from:

• Poor maintenance
• Overloading
• Manufacturing defects
• Road debris
• Extreme heat (common in Waco summers)

We investigate:

• Tire maintenance records
• Vehicle weight records
• Tire age and condition
• Road conditions at the time of the accident
• Tire manufacturer for potential defects

What if the truck’s dashcam recorded the accident?

Dashcam footage can be powerful evidence, but:

• Trucking companies often delete footage quickly
• Some systems only record when triggered by sudden braking
• Footage may be used against you if it shows you at fault

We send preservation letters immediately to secure this critical evidence.

Can I get the truck’s GPS data?

Yes, GPS data can show:

• The truck’s exact route
• Speed before and during the accident
• Sudden braking or acceleration
• Stops and duration
• Compliance with hours of service regulations

This data can be crucial in proving liability and negligence.

What if road conditions contributed to my accident?

Government entities may be liable for:

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

However, government liability is complex due to sovereign immunity protections.

Can I sue for PTSD after a trucking accident?

Yes, you can recover compensation for PTSD and other psychological injuries. These damages may include:

• Past, present, and future mental anguish
• Cost of psychological treatment
• Loss of enjoyment of life
• Emotional distress

What if I was partially at fault for the accident?

Texas uses a modified comparative negligence system. You can recover damages as long as you’re not more than 50% at fault. Your recovery will be reduced by your percentage of fault.

For example, if you’re found 20% at fault and your damages are $1,000,000, you can recover $800,000.

How do you prove the driver was distracted?

We gather multiple sources of evidence:

• Cell phone records showing calls or texts
• Dispatch communications
• Witness statements
• Truck camera footage
• ECM data showing erratic driving
• Social media activity

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

The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucking. FMCSA regulations establish safety standards that trucking companies must follow. Violations of these regulations can prove negligence in your case.

Can I access the trucking company’s safety record?

Yes, FMCSA maintains public safety records at safer.fmcsa.dot.gov. We obtain:

• CSA scores showing compliance history
• Inspection records and violations
• Crash history
• Safety ratings

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

What happens if there’s not enough insurance?

If the at-fault party’s insurance is insufficient, we explore:

• Your own uninsured/underinsured motorist coverage
• Other liable parties
• Personal assets of individual defendants
• Multiple insurance policies

What is the difference between economic and non-economic damages?

• Economic Damages: Tangible, calculable losses including:

  • Medical expenses (past and future)
  • Lost wages
  • Lost earning capacity
  • Property damage
  • Out-of-pocket expenses

• Non-Economic Damages: Intangible losses including:

  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Disfigurement
  • Physical impairment
  • Loss of consortium

How are pain and suffering damages calculated?

Pain and suffering damages are subjective and calculated based on:

• Severity of injuries
• Duration of recovery
• Impact on daily life
• Permanent limitations
• Emotional distress
• Loss of enjoyment of activities

We work with medical experts and life care planners to document the full impact of your injuries.

What is the difference between compensatory and punitive damages?

• Compensatory Damages: Designed to compensate you for your losses (economic and non-economic damages)
• Punitive Damages: Designed to punish wrongdoers and deter similar conduct (available in cases of gross negligence or willful misconduct)

What is the process for a trucking accident claim?

The typical process includes:

1. Initial consultation and case evaluation
2. Immediate evidence preservation
3. Comprehensive investigation
4. Medical treatment and documentation
5. Liability determination
6. Damage assessment
7. Demand and negotiation
8. Litigation (if necessary)
9. Resolution (settlement or trial)

What should I expect during the legal process?

You can expect:

• Regular communication from our team
• Prompt responses to your questions
• Thorough investigation of your case
• Aggressive negotiation with insurance companies
• Preparation for trial if necessary
• Compassionate support throughout the process

How often will I hear from my attorney?

We maintain regular communication with our clients:

• Initial consultation to discuss your case
• Updates on major developments
• Responses to your questions within 24 hours
• Regular status reports (at least every 2-3 weeks)
• Availability for in-person or virtual meetings

What if I don’t have health insurance?

We can help you get the medical care you need through:

• Medical liens (doctors agree to be paid from your settlement)
• Letters of protection (we guarantee payment from your settlement)
• Working with doctors who understand personal injury cases

What if I can’t afford to miss work?

We understand the financial strain of missing work due to injuries. We work to:

• Document your lost wages
• Include lost income in your claim
• Seek interim payments when possible
• Maximize your overall recovery

How do I pay my medical bills while my case is pending?

There are several options:

• Use your health insurance
• Use medical payment coverage from your auto policy
• Medical liens (doctors agree to wait for payment)
• Letters of protection (we guarantee payment from your settlement)
• Personal injury protection (PIP) coverage

What if the trucking company offers me a settlement?

Never accept a settlement offer without consulting an attorney. Initial offers are typically lowball offers designed to:

• Pay you less than your case is worth
• Get you to sign away your rights
• Close your case before you understand the full extent of your injuries

How do I know if a settlement offer is fair?

We evaluate settlement offers by:

• Comparing to similar cases we’ve handled
• Reviewing jury verdict research
• Consulting with medical and economic experts
• Considering the full impact of your injuries
• Assessing the strength of liability evidence

What if the insurance company denies my claim?

If your claim is denied, we:

• Review the denial letter and reasons
• Gather additional evidence to address their concerns
• File an appeal with the insurance company
• File a lawsuit if necessary
• Fight for your rights in court

Can I still recover if the truck driver was never ticketed?

Yes. Police reports and tickets are not determinative of liability. Many factors contribute to accidents that may not result in citations. We conduct our own independent investigation to prove liability.

What if the trucking company claims I was at fault?

We gather evidence to prove the trucking company’s liability:

• Electronic data (ECM, ELD, GPS)
• Witness statements
• Accident reconstruction analysis
• Surveillance footage
• Trucking company records
• Expert testimony

How do I prove the trucking company was negligent?

We prove negligence by showing:

• The trucking company owed you a duty of care
• They breached that duty (violated regulations, failed to maintain vehicles, etc.)
• Their breach caused your injuries
• You suffered damages as a result

Common evidence includes:

• FMCSA regulation violations
• Hours of service violations
• Maintenance records
• Driver qualification files
• Training records
• Accident reconstruction reports

What if the truck driver was an independent contractor?

Even if the driver was an independent contractor, the trucking company may still be liable through:

• Negligent selection of the contractor
• Vicarious liability in some circumstances
• Direct negligence in supervision or training

We investigate all relationships to identify all potentially liable parties.

What if the truck was owned by someone other than the trucking company?

In owner-operator arrangements, both the owner and the trucking company may be liable. We investigate:

• The lease agreement between owner and carrier
• Maintenance responsibilities
• Insurance coverage
• Control over the driver

What if the cargo owner was involved?

Cargo owners may be liable for:

• Providing improper loading instructions
• Failing to disclose hazardous cargo
• Requiring overweight loading
• Pressuring carriers to expedite deliveries

We investigate all potentially liable parties to maximize your recovery.

What if a maintenance company was responsible?

Maintenance companies may be liable for:

• Negligent repairs
• Failure to identify critical safety issues
• Improper brake adjustments
• Using substandard parts
• Returning vehicles to service with known defects

What if the truck had a manufacturing defect?

Truck and parts manufacturers may be liable for:

• Design defects
• Manufacturing defects
• Failure to warn of known dangers
• Defective safety systems

We work with engineering experts to identify potential defects.

What if the accident happened in a construction zone?

Construction zone accidents may involve additional liability:

• Government entities for improper work zone setup
• Construction companies for