18-Wheeler Accidents in Waskom, Texas: Your Complete Legal Guide
When an 18-Wheeler Changes Your Life in a Single Moment
The impact was catastrophic. One moment you’re driving north on I-20 toward Shreveport or heading east on US-80 toward Longview, and the next—an 80,000-pound truck is jackknifing across three lanes of traffic. In Waskom, Texas, where major trucking corridors intersect, these accidents happen far too often. And when they do, everything changes in an instant.
If you or a loved one has been seriously injured in an 18-wheeler accident in Waskom, Texas, you’re facing a fight unlike any other. The trucking company has teams of lawyers working right now to protect their interests. They have rapid-response investigators, insurance adjusters trained to minimize claims, and millions in resources. You need someone who fights back just as hard.
At Attorney911, we’ve been fighting for trucking accident victims across Texas for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes. We know Waskom’s trucking corridors, from the I-20 interchange to the US-80 distribution routes. This local knowledge, combined with our deep understanding of FMCSA regulations, gives us an advantage in building your case.
Call us now at 1-888-ATTY-911 for a free consultation. We answer 24/7, and we’ll send a preservation letter today to protect your evidence before it disappears.
Why Waskom, Texas Has More Than Its Share of Trucking Accidents
Waskom sits at a critical juncture in the American freight network. Our small town of just over 2,000 residents handles disproportionate truck traffic because:
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I-20 Corridor: One of the nation’s busiest east-west freight routes connects Dallas to Shreveport, passing directly through Waskom. This interstate carries everything from Amazon Prime deliveries to oilfield equipment bound for the Permian Basin.
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US-80 Connection: The historic Bankhead Highway runs through Waskom, serving as a vital link between Longview and Shreveport. While not an interstate, US-80 sees heavy truck traffic including local distribution, timber hauling from East Texas forests, and cross-border freight.
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Proximity to Louisiana: Waskom sits just two miles from the Louisiana border. This makes us the last Texas stop for many trucks heading east, and the first Texas stop for trucks coming from Louisiana. Border crossings create unique traffic patterns and pressure points.
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Local Industry: Waskom’s economy includes light manufacturing, warehousing, and distribution facilities that generate significant truck traffic. The town serves as a distribution point for goods moving between East Texas and Northwest Louisiana.
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Weight Stations: The Texas Department of Transportation operates weigh stations near Waskom, creating bottlenecks where trucks slow down, speed up, and sometimes collide.
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Rural Road Challenges: Many trucks use rural routes like FM-134 to bypass congestion, but these roads weren’t designed for 18-wheelers. Narrow lanes, sharp curves, and limited shoulders create dangerous conditions.
The result? Waskom sees more than its share of trucking accidents—jackknifes on I-20, rear-end collisions at the US-80 interchange, rollovers on rural routes, and underride accidents at intersections.
The Most Dangerous Trucking Accidents in Waskom—and How They Happen
Every type of 18-wheeler accident is dangerous, but some are particularly common in Waskom due to our unique geography and traffic patterns:
1. Jackknife Accidents on I-20
What Happens: The trailer swings out perpendicular to the cab, often blocking multiple lanes. In Waskom, this frequently occurs near the I-20/US-80 interchange where trucks are merging, exiting, or changing speeds.
Why They’re Common in Waskom:
- Sudden braking in response to traffic slowdowns (especially near weigh stations)
- Speeding on the I-20 curves approaching the interchange
- Empty or lightly loaded trailers (more prone to swing)
- Wet or icy conditions on the bridge over Caddo Lake
- Driver fatigue from long hauls between Dallas and Shreveport
Evidence We Gather:
- ECM data showing speed and brake application timing
- ELD records proving hours of service violations
- Weather conditions at the time of the accident
- Maintenance records for brake systems
- Witness statements about the truck’s behavior before the crash
2. Underride Collisions at Intersections
What Happens: A passenger vehicle slides underneath the trailer, often resulting in decapitation or catastrophic head injuries. Waskom’s intersections—particularly along US-80 and at the I-20 interchange—are hotspots for these deadly crashes.
Why They’re Common in Waskom:
- Inadequate or missing underride guards on older trailers
- Poor lighting at rural intersections
- Wide right turns by trucks cutting off traffic
- Sudden stops by trucks at intersections
- Failure to yield by passenger vehicles
Evidence We Gather:
- Underride guard inspection records
- Rear lighting compliance documentation
- Crash reconstruction showing underride depth
- Truck maintenance history
- Witness statements about visibility conditions
3. Rollover Accidents on Rural Routes
What Happens: The truck tips onto its side, often spilling cargo and blocking the road. In Waskom, these frequently occur on FM-134, FM-2751, and other rural routes where trucks take shortcuts or navigate sharp curves.
Why They’re Common in Waskom:
- Speeding on rural roads not designed for 18-wheelers
- Improperly secured or unevenly distributed cargo
- Liquid cargo “slosh” shifting center of gravity
- Overcorrection after tire blowouts or lane departures
- Driver inexperience with rural road conditions
Evidence We Gather:
- Cargo securement documentation
- Load distribution records
- ECM data showing speed through curves
- Driver training records
- Road geometry analysis
4. Rear-End Collisions Near Weigh Stations
What Happens: A truck fails to stop in time and strikes the vehicle in front. These are particularly common near Waskom’s weigh stations where trucks slow down, speed up, and merge.
Why They’re Common in Waskom:
- Following too closely in weigh station traffic
- Driver distraction (checking weight, paperwork, GPS)
- Brake failures from poor maintenance
- Driver fatigue from long hauls
- Failure to anticipate traffic slowdowns
Evidence We Gather:
- ECM data showing following distance and speed
- Brake inspection and maintenance records
- Cell phone records for distraction evidence
- Dashcam footage
- Witness statements about traffic conditions
5. Wide Turn Accidents at US-80 Intersections
What Happens: A truck swings wide to make a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing the vehicle in the “squeeze play.”
Why They’re Common in Waskom:
- Trucks making right turns from US-80 onto smaller streets
- Failure to properly signal turning intention
- Inadequate mirror checks before and during turns
- Improper turn technique (swinging too early or too wide)
- Driver inexperience with trailer tracking
Evidence We Gather:
- Turn signal activation data from ECM
- Mirror condition and adjustment records
- Driver training records on turning procedures
- Intersection geometry analysis
- Witness statements about turn execution
6. Blind Spot Accidents on I-20
What Happens: A truck changes lanes without seeing a vehicle in its blind spot (the “No-Zone”). These are especially dangerous on I-20 where high speeds increase impact forces.
Why They’re Common in Waskom:
- Failure to check mirrors before lane changes
- Improperly adjusted or damaged mirrors
- Driver distraction during lane changes
- Driver fatigue affecting situational awareness
- Failure to use turn signals
Evidence We Gather:
- Mirror condition and adjustment at time of crash
- Lane change data from ECM/telematics
- Turn signal activation records
- Driver training on blind spot awareness
- Dashcam footage
Who’s Really Responsible for Your Waskom Trucking Accident?
In most car accidents, only one driver is at fault. But in 18-wheeler accidents, multiple parties share responsibility. In Waskom, Texas, we pursue claims against every liable party to maximize your recovery:
1. The Truck Driver
The driver who caused your accident may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone, GPS, dispatch communications)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
What We Look For in Waskom Cases:
- Hours of service violations (common on I-20 hauls)
- Cell phone records showing distraction
- Previous accident history
- Training records showing gaps
- Drug and alcohol test results
2. The Trucking Company / Motor Carrier
The trucking company is often the most important defendant because they have the deepest pockets and the most responsibility.
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not independent contractor)
- Acting within the scope of employment
- Performing job duties when accident occurred
Direct Negligence (More Common in Waskom Cases):
- Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
- Negligent Training: Inadequate training on safety, cargo securement, hours of service
- Negligent Supervision: Failed to monitor driver performance, ELD compliance
- Negligent Maintenance: Failed to maintain vehicle in safe condition
- Negligent Scheduling: Pressured drivers to violate HOS regulations
Waskom-Specific Issues We Investigate:
- Did they hire drivers with poor safety records for I-20 hauls?
- Did they train drivers on rural road challenges like FM-134?
- Did they monitor drivers for fatigue on long Dallas-Shreveport routes?
- Did they maintain brakes properly for frequent weigh station stops?
- Did they pressure drivers to meet tight schedules despite traffic conditions?
3. The Cargo Owner / Shipper
The company that owns the cargo and arranged for its shipment may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous nature of cargo
- Requiring overweight loading
- Pressuring carrier to expedite beyond safe limits
- Misrepresenting cargo weight or characteristics
Waskom-Specific Cargo Issues:
- Timber loads from East Texas forests (common on US-80)
- Oilfield equipment (common on I-20)
- Hazardous materials (especially near the Louisiana border)
- Overweight loads that strain brakes on rural routes
4. The Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for:
- Improper cargo securement (49 CFR 393 violations)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, tiedowns
- Not training loaders on securement requirements
Waskom-Specific Loading Issues:
- Timber loads on US-80 (common securement failures)
- Oilfield equipment loads on I-20 (heavy, awkward cargo)
- Liquid cargo “slosh” on rural routes (affects stability)
5. Truck and Trailer Manufacturer
The company that manufactured the truck, trailer, or major components may be liable for defects:
- Design defects (brake systems, stability control, fuel tank placement)
- Manufacturing defects (faulty welds, component failures)
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
Waskom-Specific Defect Cases:
- Brake failures on long I-20 descents
- Underride guard failures at intersections
- Stability control issues on rural routes
- Tire defects causing blowouts
6. Parts Manufacturer
Companies that manufacture specific parts (brakes, tires, steering components) may be liable for:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
Waskom-Specific Part Failures:
- Brake failures on I-20 (common due to long hauls)
- Tire failures on rural routes (heat, road debris)
- Lighting failures at night (common on US-80)
7. Maintenance Company
Third-party maintenance companies that service trucking fleets may be liable for:
- Negligent repairs that failed to fix problems
- Failure to identify critical safety issues
- Improper brake adjustments
- Using substandard or wrong parts
- Returning vehicles to service with known defects
Waskom-Specific Maintenance Issues:
- Brake adjustments for frequent weigh station stops
- Tire inspections for rural routes
- Lighting maintenance for night driving
- Underride guard inspections
8. Freight Broker
Freight brokers who arrange transportation but don’t own trucks may be liable for:
- Negligent selection of carrier with poor safety record
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
- Selecting cheapest carrier despite safety concerns
Waskom-Specific Broker Issues:
- Brokers arranging loads between Dallas and Shreveport
- Brokers using Waskom as a distribution point
- Brokers selecting carriers for rural route deliveries
9. Truck Owner (If Different from Carrier)
In owner-operator arrangements, the truck owner may have separate liability for:
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
10. Government Entity
Federal, state, or local government may be liable in limited circumstances for:
- Dangerous road design that contributed to accident
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
Waskom-Specific Government Liability Issues:
- I-20 interchange design
- US-80 intersection visibility
- FM-134 and other rural route conditions
- Weigh station traffic management
The Evidence That Wins Waskom Trucking Cases
In Waskom trucking accident cases, evidence disappears fast. The trucking company has rapid-response teams working right now to protect their interests. If you don’t act quickly, critical evidence will be lost forever.
Electronic Data (Must Be Preserved Immediately)
| Evidence Type | What It Shows | Waskom-Specific Importance |
|---|---|---|
| ECM/Black Box Data | Speed, brake application, throttle position, RPM, cruise control, fault codes | Proves speeding on I-20, brake failures on rural routes, fatigue indicators |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time | Proves HOS violations on Dallas-Shreveport hauls, fatigue-related crashes |
| GPS/Telematics Data | Real-time location history, speed, route | Shows if driver took dangerous shortcuts (FM-134), speed patterns |
| Cell Phone Records | Driver’s phone usage before accident | Proves distracted driving (texting, calls, GPS) |
| Dashcam Footage | Video of road ahead, sometimes cab interior | Shows driver behavior, road conditions, accident sequence |
CRITICAL WARNING: This data can be overwritten or deleted in as little as 30 days. We send spoliation letters immediately to preserve it.
Driver and Company Records
| Record Type | What It Shows | Waskom-Specific Importance |
|---|---|---|
| Driver Qualification File | Employment application, driving record, medical certification, training | Proves negligent hiring, unqualified drivers, training gaps |
| Hours of Service Records | Driver’s work and rest periods | Proves fatigue on long I-20 hauls |
| Maintenance Records | Vehicle inspection and repair history | Proves deferred maintenance, known defects |
| Inspection Reports | Pre-trip, post-trip, annual inspections | Shows if driver ignored known defects |
| Drug/Alcohol Tests | Pre-employment and random test results | Proves impairment at time of accident |
| Dispatch Records | Communications between driver and company | Shows pressure to violate HOS, take unsafe routes |
| Cargo Documentation | Bills of lading, loading instructions | Proves improper loading, overweight cargo |
Physical Evidence
| Evidence Type | What It Shows | Waskom-Specific Importance |
|---|---|---|
| The Truck and Trailer | Damage patterns, mechanical condition | Shows impact forces, equipment failures |
| Failed Components | Brakes, tires, steering parts | Proves product defects or maintenance failures |
| Cargo and Securement Devices | Load distribution, tiedown condition | Proves cargo shift, securement violations |
| Photographs/Videos | Accident scene, vehicle damage, injuries | Documents conditions at time of crash |
| Skid Marks | Braking patterns, speed calculations | Shows if driver attempted to stop |
| Road Conditions | Potholes, debris, markings | Shows if road conditions contributed |
Witness Evidence
| Evidence Type | What It Shows | Waskom-Specific Importance |
|---|---|---|
| Eyewitness Statements | What people saw before, during, after | Critical in rural areas with fewer cameras |
| First Responder Reports | Police, EMT, fire department observations | Official documentation of scene |
| Accident Reconstruction | Expert analysis of how crash occurred | Explains complex crashes to juries |
The Catastrophic Injuries That Change Lives Forever
In Waskom, Texas, 18-wheeler accidents don’t just cause injuries—they destroy lives. The size and weight disparity between an 80,000-pound truck and your 4,000-pound car means catastrophic injuries are the norm, not the exception.
Traumatic Brain Injury (TBI)
What It Is: TBI occurs when a sudden trauma causes damage to the brain. In Waskom trucking accidents, the extreme forces cause the brain to impact the inside of the skull.
Severity Levels:
| Level | Symptoms | Prognosis |
|---|---|---|
| Mild (Concussion) | Confusion, headache, brief loss of consciousness | Usually recovers, but may have lasting effects |
| Moderate | Extended unconsciousness, memory problems, cognitive deficits | Significant recovery possible with rehabilitation |
| Severe | Extended coma, permanent cognitive impairment | Lifelong disability, may require 24/7 care |
Waskom-Specific TBI Cases:
- High-speed impacts on I-20
- Underride collisions at intersections
- Rollover accidents on rural routes
- Secondary impacts from cargo spills
Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity
Spinal Cord Injury and Paralysis
What It Is: Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.
Types of Paralysis:
| Type | Definition | Impact |
|---|---|---|
| Paraplegia | Loss of function below the waist | Cannot walk, may affect bladder/bowel control |
| Quadriplegia | Loss of function in all four limbs | Cannot walk or use arms, may need breathing assistance |
| Incomplete Injury | Some nerve function remains | Variable – may have some sensation or movement |
| Complete Injury | No nerve function below injury | Total loss of sensation and movement |
Level of Injury Matters:
- Higher injuries (cervical spine) affect more body functions
- C1-C4 injuries may require ventilator for breathing
- Lower injuries (lumbar) affect legs but not arms
Waskom-Specific Spinal Cord Cases:
- Underride collisions at intersections
- Rear-end collisions near weigh stations
- Rollover accidents on rural routes
- Crush injuries from wide turn accidents
Lifetime Care Costs:
- Paraplegia (low): $1.1 million+
- Paraplegia (high): $2.5 million+
- Quadriplegia (low): $3.5 million+
- Quadriplegia (high): $5 million+
Amputation
Types of Amputation:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Common in Waskom Trucking Accidents Due To:
- Crushing forces from truck impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Waskom-Specific Amputation Cases:
- Underride collisions at intersections
- Crush injuries in jackknife accidents
- Burn injuries from fuel tank ruptures
- Entrapment in rollover accidents
Ongoing Medical Needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
Severe Burns
How Burns Occur in Waskom Trucking Accidents:
- Fuel tank rupture and fire
- Hazmat cargo spills and ignition
- Electrical fires from battery/wiring damage
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burn Classification:
| Degree | Depth | Treatment |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, amputation may be required |
Waskom-Specific Burn Cases:
- Fuel fires on I-20
- Hazmat spills on rural routes
- Chemical burns from industrial cargo
- Electrical fires in nighttime crashes
Long-Term Consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage
Common Internal Injuries in Waskom Trucking Accidents:
- Liver laceration or rupture
- Spleen damage requiring removal
- Kidney damage
- Lung contusion or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
Why Dangerous:
- May not show immediate symptoms
- Internal bleeding can be life-threatening
- Requires emergency surgery
- Organ removal affects long-term health
Waskom-Specific Internal Injury Cases:
- High-speed impacts on I-20
- Crush injuries in rollover accidents
- Penetrating injuries from cargo spills
Wrongful Death
When a Trucking Accident Kills:
Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.
Who Can Bring a Wrongful Death Claim in Texas:
- Surviving spouse
- Children (minor and adult)
- Parents (especially if no spouse or children)
- Estate representative
Types of Claims:
- Wrongful Death Action: Compensation for survivors’ losses
- Survival Action: Compensation for decedent’s pain/suffering before death
Damages Available in Waskom Wrongful Death Cases:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses before death
- Pain and suffering experienced by decedent before death
- Punitive damages (if gross negligence)
Texas Statute of Limitations: 2 years from date of death to file wrongful death lawsuit
What Your Waskom Trucking Accident Case Is Really Worth
In Waskom, Texas, trucking accident cases are worth significantly more than typical car accident claims. Why? Because trucking companies carry much higher insurance limits—$750,000 minimum, often $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.
Factors That Determine Case Value
| Factor | How It Affects Your Case |
|---|---|
| Severity of Injuries | More severe injuries = higher value |
| Medical Expenses | Past, present, and future medical costs |
| Lost Income | Income lost due to injury and recovery |
| Lost Earning Capacity | Reduction in future earning ability |
| Pain and Suffering | Physical pain from injuries |
| Mental Anguish | Psychological trauma, anxiety, depression |
| Disfigurement | Scarring, visible injuries |
| Physical Impairment | Reduced physical capabilities |
| Loss of Enjoyment | Inability to participate in activities |
| Loss of Consortium | Impact on marriage/family relationships |
| Degree of Defendant’s Negligence | Gross negligence = higher value (punitive damages) |
| Insurance Coverage Available | Higher limits = higher potential recovery |
| Jurisdiction | Some Texas counties are more plaintiff-friendly |
Settlement Ranges for Waskom Trucking Accidents
| Injury Type | Typical Settlement Range |
|---|---|
| Soft Tissue (Whiplash) | $15,000 – $60,000 |
| Herniated Disc (Non-Surgical) | $50,000 – $200,000 |
| Herniated Disc (With Surgery) | $346,000 – $1,205,000 |
| Traumatic Brain Injury (Mod-Severe) | $1,548,000 – $9,838,000+ |
| Spinal Cord Injury (Paraplegia) | $1,100,000 – $5,000,000+ |
| Spinal Cord Injury (Quadriplegia) | $3,500,000 – $10,000,000+ |
| Amputation | $1,945,000 – $8,630,000 |
| Severe Burns | $1,000,000 – $5,000,000+ |
| Wrongful Death | $1,910,000 – $10,000,000+ |
Important Note: These ranges are based on Attorney911’s experience handling Texas trucking accident cases. Every case is unique, and your actual recovery will depend on the specific facts of your case.
The Nuclear Verdict Trend in Texas Trucking Cases
Texas has seen an explosion of “nuclear verdicts” in trucking cases—verdicts exceeding $10 million. Recent examples from Texas and nearby states:
| Amount | Year | Location | Key Facts |
|---|---|---|---|
| $730 Million | 2021 | Texas | Ramsey v. Landstar – Navy propeller oversize load killed 73-year-old woman |
| $150 Million | 2022 | Texas | Werner settlement – Two children killed on I-30 |
| $90 Million | — | Texas | Truck driver burned in explosion |
| $37.5 Million | 2024 | Texas | Trucking verdict |
| $35.5 Million | — | Texas | Family injured in truck accident |
| $35 Million | 2025 | Fort Worth, TX | Largest verdict in Tarrant County history |
| $462 Million | 2024 | Missouri | Underride decapitation case (neighboring state) |
Why These Verdicts Happen in Texas:
- Juries are fed up with trucking companies prioritizing profit over safety
- Evidence of systematic violations (HOS, maintenance, hiring)
- Egregious corporate misconduct (falsifying logs, destroying evidence)
- Catastrophic injuries that change lives forever
- Deep-pocketed defendants who can pay
What This Means for Your Waskom Case:
Insurance companies know juries are willing to award massive damages. This strengthens our position in settlement negotiations. We prepare every case as if it’s going to trial, which creates leverage for better settlements.
The 48-Hour Evidence Preservation Protocol
In Waskom trucking accident cases, EVIDENCE DISAPPEARS FAST. The trucking company has rapid-response teams working right now to protect their interests. If you don’t act quickly, critical evidence will be lost forever.
Why 48 Hours Matters
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your Legal Shield
What Is A Spoliation Letter?
A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.
Why It Matters for Your Waskom Case:
- Puts defendants on legal notice of their preservation obligation
- Creates serious consequences if evidence is destroyed
- Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
- The sooner sent, the more weight it carries
When We Send It:
IMMEDIATELY – within 24-48 hours of being retained. We don’t wait.
What Our Spoliation Letter Demands for Waskom Cases
Electronic Data (Critical for I-20 and Rural Route Crashes):
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data (shows if driver took FM-134 shortcuts)
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records (Proves Negligent Hiring in Waskom Cases):
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Previous employer verification
- Medical certification and exam records
- Drug and alcohol test results (pre-employment and random)
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records (Critical for Maintenance Failures):
- Maintenance and repair records (especially brakes for I-20 hauls)
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history (rural routes cause more blowouts)
- Brake inspection and adjustment records
- Parts purchase and installation records
- Underride guard inspection records (for intersection crashes)
Company Records (Proves Systematic Negligence):
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence (Must Be Preserved Before Repair):
- The truck and trailer themselves
- Failed or damaged components (brakes, tires, steering)
- Cargo and securement devices (especially timber loads on US-80)
- Tire remnants if blowout involved
The FMCSA Regulations That Prove Negligence
Every 18-wheeler on Waskom’s roads must comply with federal trucking regulations. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.
The 6 Critical Parts of FMCSA Regulations
| Part | Title | What It Covers | Waskom-Specific Violations |
|---|---|---|---|
| Part 390 | General Applicability | Definitions, who regulations apply to | Failure to comply with federal standards |
| Part 391 | Driver Qualification | Who can drive, medical requirements, training | Hiring unqualified drivers for I-20 hauls |
| Part 392 | Driving Rules | Safe operation, fatigue, drugs, alcohol | Fatigued driving on Dallas-Shreveport routes |
| Part 393 | Vehicle Safety | Equipment, cargo securement, brakes, lights | Underride guard failures at intersections |
| Part 395 | Hours of Service | How long drivers can drive, required rest | HOS violations on long hauls |
| Part 396 | Inspection & Maintenance | Vehicle upkeep, inspections, records | Deferred brake maintenance for frequent weigh station stops |
Part 391: Driver Qualification Standards
Purpose: Establishes who is qualified to drive a commercial motor vehicle.
Minimum Driver Qualifications (49 CFR § 391.11):
A person shall not drive a commercial motor vehicle unless they:
- Are at least 21 years old (interstate) or 18 years old (intrastate)
- Can read and speak English sufficiently
- Can safely operate the CMV and cargo type
- Are physically qualified under § 391.41
- Have a valid commercial motor vehicle operator’s license (CDL)
- Have completed a driver’s road test or equivalent
- Are not disqualified under § 391.15 (violations, suspensions)
- Have completed required entry-level driver training
Driver Qualification File Requirements (49 CFR § 391.51):
Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:
| Document | Requirement | Waskom-Specific Issues |
|---|---|---|
| Employment Application | Completed per § 391.21 | Incomplete applications for rural route drivers |
| Motor Vehicle Record | From state licensing authority | Failure to check Louisiana records for cross-border drivers |
| Road Test Certificate | Or equivalent documentation | No road test for drivers familiar with rural routes |
| Medical Examiner’s Certificate | Current, valid (max 2 years) | Expired certificates for long-haul drivers |
| Annual Driving Record Review | Must be conducted and documented | No annual reviews for owner-operators |
| Previous Employer Inquiries | 3-year driving history investigation | Failure to investigate previous accidents |
| Drug & Alcohol Test Records | Pre-employment and random testing | No pre-employment testing for “trusted” drivers |
Why This Matters for Your Waskom Case:
If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every Waskom trucking case.
Physical Qualification Requirements (49 CFR § 391.41):
Drivers must be medically qualified to operate CMVs. Key requirements include:
- No loss of foot, leg, hand, or arm (without exemption)
- No established medical history of epilepsy or seizures
- No mental, nervous, or psychiatric disorder likely to interfere with safe driving
- No current clinical diagnosis of alcoholism
- No use of Schedule I controlled substances
- No use of non-Schedule I substances that impair driving ability
- Vision of at least 20/40 in each eye (with or without correction)
- Hearing adequate to perceive forced whisper at 5 feet
Waskom-Specific Medical Issues:
- Sleep apnea in long-haul drivers (Dallas-Shreveport route)
- Medication use for chronic pain (common in older drivers)
- Vision problems in rural night driving
- Hearing impairments affecting rural route safety
Part 392: Driving of Commercial Motor Vehicles
Purpose: Establishes rules for the safe operation of CMVs.
ILL OR FATIGUED OPERATORS (49 CFR § 392.3):
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”
Why This Matters for Waskom Cases:
This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident on I-20 or rural routes.
DRUGS AND OTHER SUBSTANCES (49 CFR § 392.4):
A driver shall not be on duty or operate a CMV while:
- Under the influence of any Schedule I substance
- Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
- Possessing a Schedule I substance (unless prescription)
ALCOHOL (49 CFR § 392.5):
A driver shall not:
- Use alcohol within 4 hours before going on duty or operating a CMV
- Use alcohol while on duty or operating a CMV
- Be under the influence of alcohol (.04 BAC or higher) while on duty
- Possess any alcohol while on duty (with limited exceptions)
SPEEDING (49 CFR § 392.6):
“No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”
Waskom-Specific Speeding Issues:
- Speeding on I-20 to make tight schedules
- Speeding on rural routes (FM-134) to save time
- Speeding near weigh stations to avoid delays
FOLLOWING TOO CLOSELY (49 CFR § 392.11):
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”
Waskom-Specific Following Distance Issues:
- Following too closely near weigh stations
- Following too closely on rural routes with limited visibility
- Following too closely in poor weather conditions
MOBILE PHONE USE (49 CFR § 392.82):
Drivers are PROHIBITED from:
- Using a hand-held mobile telephone while driving
- Reaching for mobile phone in manner requiring leaving seated position
- Texting while driving (49 CFR § 392.80)
Waskom-Specific Distraction Issues:
- Cell phone use on long I-20 hauls
- GPS programming while driving
- Dispatch communications on rural routes
Part 393: Parts and Accessories for Safe Operation
Purpose: Establishes equipment and cargo securement standards.
CARGO SECUREMENT (49 CFR § 393.100-136):
General Requirements (§ 393.100):
Cargo must be contained, immobilized, or secured to prevent:
- Leaking, spilling, blowing, or falling from the vehicle
- Shifting that affects vehicle stability or maneuverability
- Blocking the driver’s view or interfering with operation
Performance Criteria (§ 393.102):
Cargo securement systems must withstand:
- Forward: 0.8 g deceleration (sudden stop)
- Rearward: 0.5 g acceleration
- Lateral: 0.5 g (side-to-side)
- Downward: At least 20% of cargo weight if not fully contained
Tiedown Requirements:
- Aggregate working load limit must be at least 50% of cargo weight for loose cargo
- At least one tiedown for cargo 5 feet or less in length
- At least two tiedowns for cargo over 5 feet or under 1,100 lbs
- Additional tiedowns for every 10 feet of cargo length
Waskom-Specific Cargo Securement Issues:
- Timber loads on US-80 (common securement failures)
- Oilfield equipment on I-20 (heavy, awkward cargo)
- Liquid cargo “slosh” on rural routes (affects stability)
- Overweight loads on rural bridges
BRAKES (49 CFR § 393.40-55):
All CMVs must have properly functioning brake systems:
- Service brakes on all wheels
- Parking/emergency brake system
- Air brake systems must meet specific requirements
- Brake adjustment must be maintained within specifications
Waskom-Specific Brake Issues:
- Brake failures on I-20 descents
- Brake fade from frequent weigh station stops
- Deferred brake maintenance to save costs
LIGHTING (49 CFR § 393.11-26):
Required lighting includes:
- Headlamps, tail lamps, stop lamps
- Clearance and side marker lamps
- Reflectors and retroreflective sheeting
- Turn signal lamps
Waskom-Specific Lighting Issues:
- Poor lighting at rural intersections
- Burned-out lights on nighttime rural routes
- Inadequate reflectors for rural visibility
Part 395: Hours of Service (HOS) Regulations
Purpose: Prevents driver fatigue by limiting driving time and requiring rest.
THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN WASKOM TRUCKING ACCIDENTS.
PROPERTY-CARRYING DRIVERS (Most 18-Wheelers):
| Rule | Requirement | Waskom-Specific Violation Examples |
|---|---|---|
| 11-Hour Driving Limit | Cannot drive more than 11 hours after 10 consecutive hours off duty | Drivers exceeding limit on Dallas-Shreveport hauls |
| 14-Hour Duty Window | Cannot drive beyond 14th consecutive hour after coming on duty | Drivers working 16+ hours on tight schedules |
| 30-Minute Break | Must take 30-minute break after 8 cumulative hours of driving | No breaks on rural routes to save time |
| 60/70-Hour Limit | Cannot drive after 60 hours in 7 days or 70 hours in 8 days | Drivers exceeding weekly limits on I-20 |
| 34-Hour Restart | Can restart 60/70-hour clock with 34 consecutive hours off | Inadequate rest between long hauls |
| 10-Hour Off-Duty | Must have minimum 10 consecutive hours off duty before driving | Short rest periods between shifts |
SLEEPER BERTH PROVISION (49 CFR § 395.1(g)):
Drivers using sleeper berth may split 10-hour off-duty period:
- At least 7 consecutive hours in sleeper berth
- Plus at least 2 consecutive hours off-duty (in berth or otherwise)
- Neither period counts against 14-hour window
Waskom-Specific Sleeper Berth Issues:
- Inadequate sleeper berth facilities near Waskom
- Drivers splitting rest periods to meet tight schedules
- Fatigue from poor quality rest
ELECTRONIC LOGGING DEVICE (ELD) MANDATE (49 CFR § 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:
- Automatically record driving time
- Synchronize with vehicle engine to record objective data
- Cannot be altered after the fact (unlike paper logs)
- Record GPS location, speed, engine hours
Why ELD Data Is Critical Evidence for Waskom Cases:
ELDs prove:
- Exactly how long the driver was on duty
- Whether breaks were taken as required
- Speed before and during the accident (especially on I-20)
- GPS location history (shows if driver took FM-134 shortcuts)
- Any HOS violations
WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.
Part 396: Inspection, Repair, and Maintenance
Purpose: Ensures CMVs are maintained in safe operating condition.
GENERAL MAINTENANCE REQUIREMENT (§ 396.3):
“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”
Waskom-Specific Maintenance Issues:
- Deferred maintenance to save costs
- Inadequate inspections for rural route conditions
- Poor record-keeping for owner-operators
DRIVER INSPECTION REQUIREMENTS:
Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.
Waskom-Specific Pre-Trip Issues:
- No inspections on short local routes
- Drivers ignoring known defects to avoid delays
- Inadequate training on inspection procedures
Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare written report on vehicle condition covering at minimum:
- Service brakes
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
Waskom-Specific Post-Trip Issues:
- No reports for short trips
- Drivers ignoring known defects
- Incomplete reports to save time
ANNUAL INSPECTION (§ 396.17):
Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.
Waskom-Specific Annual Inspection Issues:
- Inspections performed by unqualified mechanics
- Inspections not performed at all
- Known defects ignored to save costs
MAINTENANCE RECORD RETENTION (§ 396.3):
Motor carriers must maintain records for each vehicle showing:
- Identification (make, serial number, year, tire size)
- Schedule for inspection, repair, and maintenance
- Record of repairs and maintenance
- Records must be retained for 1 year
Waskom-Specific Record Retention Issues:
- No records for owner-operators
- Incomplete records for small carriers
- Records destroyed after accidents
The Most Common FMCSA Violations in Waskom Trucking Accidents
TOP 10 VIOLATIONS WE FIND IN WASKOM TRUCKING CASES:
- Hours of Service Violations – Driving beyond 11-hour limit, no breaks (especially on I-20 hauls)
- False Log Entries – Falsifying ELD or paper log records to hide violations
- Failure to Maintain Brakes – Worn brakes, improper adjustment (common near weigh stations)
- Cargo Securement Failures – Inadequate tiedowns, shifting loads (especially timber on US-80)
- Unqualified Driver – Operating without valid CDL or medical certificate
- Drug/Alcohol Violations – Operating under influence, failed tests
- Mobile Phone Use – Texting, hand-held phone while driving (common on long hauls)
- Failure to Inspect – No pre-trip inspection, ignored defects
- Improper Lighting – Non-functioning lights, missing reflectors (rural night driving)
- Negligent Hiring – No background check, incomplete DQ file
How We Prove Violations in Waskom Cases:
| Evidence Type | What It Shows | Waskom-Specific Application |
|---|---|---|
| ELD Data | Hours of service violations, driving time | Proves fatigue on Dallas-Shreveport hauls |
| ECM/Black Box | Speed, braking, throttle position | Shows speeding on I-20, brake failures on rural routes |
| Driver Qualification File | Hiring negligence, training gaps | Proves negligent hiring for rural route drivers |
| Maintenance Records | Deferred repairs, known defects | Shows deferred brake maintenance for frequent weigh station stops |
| Inspection Reports | Pre-existing violations | Proves drivers ignored known defects |
| Drug/Alcohol Tests | Impairment at time of accident | Proves substance use on long hauls |
| Dispatch Records | Pressure to violate HOS | Shows scheduling pressure on I-20 routes |
| Cell Phone Records | Distraction evidence | Proves texting while driving on rural routes |
What to Do Immediately After an 18-Wheeler Accident in Waskom
If you’ve been in a trucking accident in Waskom, Texas, what you do in the next few hours can make or break your case.
Step 1: Call 911 and Report the Accident
- Request police and emergency medical services
- Even if injuries seem minor, get checked out – adrenaline masks pain
- A police report creates an official record of the accident
Step 2: Seek Medical Attention
- Go to the emergency room or urgent care immediately
- Tell medical providers about ALL symptoms, even minor ones
- Follow up with your primary care physician
- Document all medical visits and treatments
Waskom Medical Facilities:
- CHRISTUS Good Shepherd Medical Center – Marshall (15 minutes away)
- Willis-Knighton Medical Center (Shreveport, LA – 20 minutes away)
- Highland Clinic (Shreveport, LA – for specialized care)
Step 3: Document the Scene
- Take photos and videos of:
- All vehicle damage (inside and out)
- The accident scene (road conditions, skid marks, debris)
- Your injuries
- Street signs and traffic signals
- Weather conditions
- Get contact information from witnesses
- Note the location (especially important on rural routes)
Step 4: Collect Information from the Truck Driver
- Driver’s name and contact information
- Commercial driver’s license (CDL) number
- Trucking company name and contact information
- Truck and trailer license plate numbers
- Insurance information
- DOT number (on the truck door)
Step 5: Do NOT Give Statements to Insurance Companies
- Do not give recorded statements to any insurance adjuster
- Do not sign any documents
- Do not discuss fault or injuries
- Insurance adjusters work for the trucking company, not you
Step 6: Call an 18-Wheeler Accident Attorney Immediately
- Critical evidence disappears quickly
- We send spoliation letters within hours to preserve evidence
- We handle all communication with insurance companies
- We begin building your case immediately
Call Attorney911 now at 1-888-ATTY-911. We answer 24/7, and we’ll send a preservation letter today.
Why Insurance Companies Will Try to Lowball Your Waskom Case
Trucking companies and their insurers have one goal: to pay you as little as possible. They have teams of adjusters and lawyers working to minimize your claim. Here’s how they’ll try to take advantage of you – and how we fight back:
Common Insurance Tactics in Waskom Cases
| Tactic | How They Use It | How We Fight Back |
|---|---|---|
| Quick Lowball Settlement Offers | Offer fast settlement before you understand your injuries | We NEVER accept early offers; we calculate full future damages first |
| Denying or Minimizing Injuries | Claim your injuries aren’t serious or aren’t related to the accident | We obtain comprehensive medical documentation and expert testimony |
| Blaming the Victim | Claim you were partially at fault to reduce your recovery | We investigate thoroughly and gather evidence disproving fault allegations |
| Delaying the Claims Process | Drag out the process hoping you’ll accept a low offer | We file lawsuit to force discovery and set depositions |
| Using Recorded Statements Against You | Get you to say things that can be taken out of context | We advise clients NEVER to give statements without attorney present |
| “Pre-Existing Condition” Defense | Claim your injuries existed before the accident | We apply Texas “Eggshell Skull” doctrine (take plaintiff as found) |
| “Gap in Treatment” Attacks | Claim you must not be injured if you didn’t seek treatment | We document all treatment and explain gaps with medical records |
| Sending Surveillance Investigators | Follow you to catch you doing activities that “prove” you’re not injured | We advise clients on appropriate conduct and expose unfair surveillance |
| Hiring “Independent” Medical Examiners | Send you to doctors who will minimize your injuries | We counter with your treating physicians and independent experts |
| Drowning You in Paperwork | Overwhelm you with requests to delay resolution | We handle all paperwork and aggressive litigation to force resolution |
Our Insider Advantage Against Insurance Companies
“Our firm includes Lupe Peña, a former insurance defense attorney who spent years INSIDE the system. He watched adjusters minimize claims. He saw how they train their people to lowball victims. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation.”
We’ve used this advantage to recover millions for Waskom trucking accident victims.
What to Expect When You Hire Attorney911
When you hire us for your Waskom trucking accident case, here’s what happens:
Step 1: Free Consultation
- We listen to your story
- We evaluate your case
- We answer your questions
- We explain your legal options
- There’s no cost and no obligation
Call us now at 1-888-ATTY-911 for your free consultation.
Step 2: Case Acceptance
- If we believe we can help you, we’ll offer to represent you
- We’ll explain our contingency fee agreement (you pay nothing unless we win)
- You decide whether to hire us
- If you hire us, we get to work immediately
Step 3: Immediate Evidence Preservation
- We send spoliation letters to all potentially liable parties
- We demand preservation of ECM, ELD, maintenance records
- We secure physical evidence before it’s repaired or destroyed
- We begin gathering police reports, medical records, witness statements
Step 4: Medical Care Facilitation
- We help you get the medical treatment you need
- We connect you with specialists for your specific injuries
- We help arrange care even before settlement pays
- We ensure your injuries are properly documented
Step 5: Investigation
- We obtain all available evidence (ECM, ELD, maintenance records, etc.)
- We interview witnesses
- We work with accident reconstruction experts
- We identify all liable parties
- We calculate the full value of your damages
Step 6: Demand Letter
- We send a comprehensive demand letter to the insurance company
- We calculate ALL your damages (medical expenses, lost wages, pain and suffering)
- We demand full and fair compensation
Step 7: Negotiation
- We negotiate aggressively with the insurance company
- We reject lowball offers
- We prepare for trial if necessary
- We keep you informed every step of the way
Step 8: Litigation (If Needed)
- If we can’t reach a fair settlement, we file a lawsuit
- We handle all aspects of litigation (discovery, depositions, motions)
- We prepare your case for trial
- We continue negotiating for settlement
Step 9: Trial or Settlement
- Most cases settle before trial
- If your case goes to trial, we present your case to a jury
- We fight for maximum compensation
- We keep you informed throughout the process
Step 10: Resolution
- When we win your case, we disburse funds
- We pay medical bills and liens
- We pay our fee (contingency – you pay nothing unless we win)
- You receive the compensation you deserve
Why Choose Attorney911 for Your Waskom Trucking Accident Case?
When you’ve been seriously injured in an 18-wheeler accident in Waskom, Texas, you need more than just a lawyer – you need a fighter. You need a team that knows how to take on trucking companies and their insurance carriers. You need Attorney911.
Our Experience
- 25+ Years Fighting for Injury Victims: Ralph Manginello has been fighting for trucking accident victims since 1998.
- Federal Court Experience: We’re admitted to the U.S. District Court, Southern District of Texas – critical for interstate trucking cases.
- Multi-Million Dollar Results: We’ve recovered millions for Texas trucking accident victims.
- Former Insurance Defense Attorney: Our team includes Lupe Peña, who knows exactly how insurance companies try to minimize claims.
Our Local Knowledge
- We Know Waskom’s Trucking Corridors: From I-20 to US-80 to FM-134, we know the roads where accidents happen.
- We Know Waskom’s Courts: We understand the local legal landscape and how to navigate it.
- We Know Waskom’s Juries: We know what arguments resonate with local jurors.
Our Resources
- Accident Reconstruction Experts: We work with top engineers to prove how your accident happened.
- Medical Experts: We consult with specialists to document your injuries and future care needs.
- Vocational Experts: We calculate your lost earning capacity.
- Economic Experts: We determine the present value of all your damages.
Our Commitment
- We Treat You Like Family: “You are NOT just some client… You are FAMILY to them.” – Chad Harris, Attorney911 Client
- We Fight for Maximum Compensation: “They fought for me to get every dime I deserved.” – Glenda Walker, Attorney911 Client
- We Take Cases Other Firms Reject: “I had another attorney but he dropped my case although Manginello law firm were able to help me out.” – Greg Garcia, Attorney911 Client
- We Solve Cases Faster: “They solved in a couple of months what others did nothing about in two years.” – Angel Walle, Attorney911 Client
Our Results
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- $2+ Million – Maritime Back Injury Settlement
- Millions Recovered for families in trucking-related wrongful death cases
Don’t just take our word for it – here’s what our clients say:
“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client
“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
— Greg Garcia, Attorney911 Client
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
Frequently Asked Questions About Waskom Trucking Accidents
What should I do immediately after an 18-wheeler accident in Waskom?
If you’ve been in a trucking accident in Waskom, take these steps immediately:
- Call 911 and report the accident
- Seek medical attention, 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 18-wheeler accident attorney immediately
Should I go to the hospital after a truck accident even if I feel okay?
YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Waskom hospitals like CHRISTUS Good Shepherd Medical Center – Marshall can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene in Waskom?
Document everything possible:
- Truck and trailer license plates
- DOT number (on the truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney in Waskom?
IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send preservation letters immediately to protect this evidence before it’s lost forever.
What is a spoliation letter and why is it important?
A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.
What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to an airplane’s black box. This data can show:
- Speed before and during the crash
- Brake application timing
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Drug and alcohol test results
- Dispatch records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Who can I sue after an 18-wheeler accident in Waskom?
Multiple parties may be liable in trucking accidents:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
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 the truck driver says the accident was my fault?
Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.
What is an owner-operator and does that affect my case?
An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.
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 Waskom’s roads.
What injuries are common in 18-wheeler accidents in Waskom?
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 Waskom?
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 Waskom?
Texas allows wrongful death claims by surviving family members. You may recover:
- Lost future income
- Loss of consortium (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 Waskom?
The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. 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.
What if the trucking company’s insurance tries 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.
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.
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.
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
What are the most common types of 18-wheeler accidents in Waskom?
- Jackknife Accidents: Trailer swings out perpendicular to cab, often on I-20
- Underride Collisions: Vehicle slides underneath trailer, often at intersections
- Rollover Accidents: Truck tips onto its side, often on rural routes
- Rear-End Collisions: Truck fails to stop in time, often near weigh stations
- Wide Turn Accidents: Truck swings wide to make right turn, crushing vehicles
- Blind Spot Accidents: Truck changes lanes without seeing vehicle in No-Zone
What if a tire blowout caused my accident?
Tire blowouts cause 11,000+ crashes yearly. Common causes:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Manufacturing defects
- Improper tire matching on dual wheels
The trucking company may be negligent for not following maintenance protocols.
What if brake failure caused my accident?
Brake problems are a factor in approximately 29% of large truck crashes. Common causes:
- Worn brake pads or shoes not replaced
- Improper brake adjustment (too loose)
- Air brake system leaks or failures
- Overheated brakes (brake fade) on long descents
- Contaminated brake fluid
- Defective brake components
What if cargo spilled or shifted during my accident?
Cargo securement violations are among the top 10 most common FMCSA violations. Common causes:
- Inadequate tiedowns (insufficient number or strength)
- Improper loading distribution
- Failure to use blocking, bracing, or friction mats
- Tiedown failure due to wear or damage
- Overloading beyond securement capacity
What if I was hit by a truck making a wide turn?
Wide turn accidents occur when a truck swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing the vehicle that entered the gap. These are common in Waskom at intersections along US-80.
What if I was hit by a truck changing lanes in my blind spot?
Blind spot accidents occur when a truck changes lanes without seeing a vehicle in one of its four major blind spots (No-Zones). These are especially dangerous on I-20 where high speeds increase impact forces.
What if a head-on collision with a truck caused my injuries?
Head-on collisions occur when a truck crosses into oncoming traffic and strikes vehicles traveling in the opposite direction. These are among the deadliest accident types and often occur on two-lane highways or from wrong-way entry.
What damages can I recover in my Waskom trucking accident case?
You may recover:
- Economic Damages: Medical expenses, lost wages, lost earning capacity, property damage, out-of-pocket expenses, life care costs
- Non-Economic Damages: Pain and suffering, mental anguish, loss of enjoyment, disfigurement, loss of consortium, physical impairment
- Punitive Damages: If the trucking company acted with gross negligence
What are punitive damages and when are they 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)
Texas caps punitive damages at the greater of:
- (2 × economic damages) + (non-economic damages up to $750,000), OR
- $200,000
How are future medical expenses calculated?
We work with medical experts and life care planners to:
- Document your current medical needs
- Project future medical needs
- Calculate the cost of future care
- Include inflation and rising healthcare costs
- Present a comprehensive life care plan to the insurance company or jury
What is loss of earning capacity?
If your injuries prevent you from returning to your previous job or reduce your ability to work, you may recover loss of earning capacity. We work with vocational experts and economists to:
- Document your pre-accident earnings
- Assess your ability to return to work
- Calculate the difference in earning capacity
- Project lost earnings over your working lifetime
What is loss of consortium?
Loss of consortium compensates your spouse for the impact of your injuries on your marriage, including:
- Loss of companionship
- Loss of affection
- Loss of sexual relations
- Loss of household services
- Emotional distress
How is pain and suffering calculated?
Pain and suffering are “non-economic damages” – the hardest to calculate. There’s no set formula, but factors include:
- Severity of injuries
- Duration of pain
- Impact on daily life
- Emotional distress
- Permanent effects
We use several methods to calculate pain and suffering:
- Multiplier Method: Multiply economic damages by a factor (1-5) based on injury severity
- Per Diem Method: Assign a daily value to pain and suffering and multiply by number of days affected
- Expert Testimony: Medical experts testify about the nature and duration of pain
What if I was partially at fault for the accident?
Texas uses a modified comparative negligence system. You can recover compensation 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 20% at fault, you recover 80% of your damages
- If you’re 51% at fault, you recover nothing
How do I prove the driver was fatigued?
We prove fatigue through:
- ELD data showing hours of service violations
- ECM data showing erratic driving patterns
- Dispatch records showing schedule pressure
- Cell phone records showing late-night calls
- Witness statements about driver behavior
- Drug test results (stimulants to stay awake)
How do I prove the driver was distracted?
We prove distraction through:
- Cell phone records showing calls or texts
- ECM data showing erratic driving
- Witness statements about driver behavior
- Dashcam footage
- Social media activity at time of accident
- Dispatch communications
How do I prove the truck had maintenance issues?
We prove maintenance issues through:
- Maintenance records showing deferred repairs
- Inspection reports showing known defects
- Out-of-service orders
- Driver vehicle inspection reports (DVIRs)
- Post-crash mechanical analysis
- Expert testimony about maintenance failures
What experts do you use in trucking accident cases?
We work with:
- Accident Reconstruction Experts: Analyze how the crash occurred
- Medical Experts: Document injuries and future care needs
- Vocational Experts: Calculate lost earning capacity
- Economic Experts: Determine present value of all damages
- Life Care Planners: Develop comprehensive care plans
- FMCSA Regulation Experts: Identify all violations
- Trucking Industry Experts: Explain industry standards
What if the trucking company goes bankrupt?
Even if the trucking company goes bankrupt, their insurance company is still responsible for paying valid claims. We identify all available insurance coverage to ensure you can recover compensation.
What if I don’t have health insurance?
If you don’t have health insurance, we can help you get the medical treatment you need. We work with medical providers who treat patients on a lien basis – they get paid when your case settles.
What if I can’t afford to miss work?
If your injuries prevent you from working, we fight to recover your lost wages. We document your lost income and include it in your claim.
What if I’m an undocumented immigrant?
Your immigration status does not prevent you from filing a personal injury claim. You have the same right to compensation as any other accident victim.
Hablamos Español
At Attorney911, we understand that many trucking accident victims in Waskom speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.
Hablamos Español. Llame al 1-888-ATTY-911 para una consulta gratis.
Waskom’s Trucking Corridors: Where Accidents Happen
Waskom sits at the intersection of major trucking corridors that connect East Texas to Louisiana and beyond. These routes see heavy truck traffic and frequent accidents:
I-20: The East-West Freight Superhighway
Route: Dallas to Shreveport, passing directly through Waskom
Truck Traffic: Heavy – one of the nation’s busiest east-west freight routes
Common Accidents:
- Jackknife accidents (especially near the US-80 interchange)
- Rear-end collisions (near weigh stations)
- Rollover accidents (on curves approaching the interchange)
- Fatigue-related crashes (long hauls between Dallas and Shreveport)
- Underride collisions (at interchange ramps)
Danger Zones in Waskom:
- I-20/US-80 interchange (merging, exiting, speed changes)
- Weigh station approaches (sudden braking)
- Curves approaching the interchange (speeding)
- Bridge over Caddo Lake (wet/icy conditions)
US-80: The Historic Bankhead Highway
Route: Longview to Shreveport, passing through Waskom
Truck Traffic: Moderate to heavy – serves local distribution and cross-border freight
Common Accidents:
- Wide turn accidents (at intersections)
- Underride collisions (at rural intersections)
- Rear-end collisions (sudden stops)
- Cargo spill accidents (timber loads)
- Blind spot accidents (lane changes)
Danger Zones in Waskom:
- Intersections with FM-134 and other rural routes
- Downtown Waskom (narrow lanes, limited shoulders)
- Approaches to the I-20 interchange (merging traffic)
- Rural stretches (speeding, limited visibility)
FM-134: The Rural Shortcut
Route: Connects US-80 to Louisiana, bypassing I-20
Truck Traffic: Moderate – used as shortcut by some truckers
Common Accidents:
- Rollover accidents (sharp curves, speeding)
- Cargo spill accidents (timber loads)
- Blind spot accidents (limited visibility)
- Animal collisions (deer, livestock)
- Brake failure accidents (long descents)
Danger Zones in Waskom:
- Sharp curves (speeding trucks lose control)
- Narrow bridges (limited shoulder space)
- Unmarked intersections (sudden stops)
- Limited visibility areas (trees, hills)
Other Rural Routes
Waskom is served by several other rural routes that see truck traffic:
- FM-2751: Connects to Karnack and Caddo Lake
- FM-2625: Connects to Greenwood and Louisiana
- FM-2626: Connects to Karnack
These routes were not designed for 18-wheelers and present unique dangers:
- Narrow lanes
- Sharp curves
- Limited shoulders
- Poor lighting
- Limited signage
- Unpaved sections
The Waskom Trucking Accident Checklist
Use this checklist to protect your rights after an 18-wheeler accident in Waskom:
At the Scene
☐ Call 911 and report the accident
☐ Seek medical attention immediately
☐ Take photos of all vehicle damage (inside and out)
☐ Take photos of the accident scene (road conditions, skid marks, debris)
☐ Take photos of your injuries
☐ Take photos of street signs and traffic signals
☐ Note weather and road conditions
☐ Get the truck driver’s name and contact information
☐ Get the trucking company name, DOT number, and contact information
☐ Get the truck and trailer license plate numbers
☐ Get insurance information
☐ Get witness names and contact information
☐ Get the responding officer’s name and badge number
☐ Do NOT give recorded statements to any insurance company
☐ Do NOT sign any documents
After the Accident
☐ Follow up with medical treatment
☐ Document all medical visits and treatments
☐ Keep a journal of your pain and symptoms
☐ Save all medical bills and receipts
☐ Save all accident-related documents
☐ Do NOT post about your accident on social media
☐ Do NOT discuss your case with anyone except your attorney
☐ Call Attorney911 immediately at 1-888-ATTY-911
Evidence to Preserve
☐ ECM/Black Box Data
☐ ELD Records
☐ Driver Qualification File
☐ Maintenance Records
☐ Inspection Reports
☐ Drug and Alcohol Test Results
☐ Dispatch Records
☐ Cell Phone Records
☐ Cargo Documentation
☐ The Truck and Trailer
☐ Failed Components
☐ Surveillance Video
☐ Dashcam Footage
When Justice Requires a Fight
Trucking accidents in Waskom, Texas change lives in an instant. One moment you’re driving to work, heading to the store, or taking your kids to school. The next, an 80,000-pound truck has turned your world upside down.
The trucking company has teams of lawyers working right now to protect their interests. They have rapid-response investigators, insurance adjusters trained to minimize claims, and millions in resources. They’re hoping you don’t know your rights. They’re hoping you don’t fight back.
But you’re not alone. At Attorney911, we’ve been fighting for trucking accident victims across Texas for over 25 years. We know Waskom’s trucking corridors. We know how to take on the trucking companies. We know how to win.
If you or a loved one has been seriously injured in an 18-wheeler accident in Waskom, Texas, call us now at 1-888-ATTY-911 for a free consultation. We answer 24/7, and we’ll send a preservation letter today to protect your evidence before it disappears.
You deserve justice. You deserve compensation. You deserve a fighter on your side. You deserve Attorney911.