18-Wheeler Accident Attorneys in Webster, Texas | Attorney911

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

Every year, thousands of families in the Houston area experience life-altering devastation when an 18-wheeler crashes into their vehicle. The massive size and weight disparity between commercial trucks and passenger cars means these accidents often result in catastrophic injuries or wrongful death. If you or a loved one has been seriously injured in a trucking accident on I-45, NASA Parkway, or anywhere in Webster, Texas, you need experienced legal representation that understands both federal trucking regulations and the unique challenges of Harris County courts.

At Attorney911, we’ve been fighting for truck 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 Webster’s trucking corridors, from the busy distribution centers near Bay Area Boulevard to the hazardous stretches of I-45 where truck traffic merges with local commuters. This local knowledge, combined with our deep understanding of FMCSA regulations, gives us a significant advantage in building your case.

Why Webster Trucking Accidents Are Different

Webster sits at the crossroads of major trucking activity in the Houston metropolitan area. The city’s proximity to the Johnson Space Center, medical facilities, and numerous distribution hubs creates a unique trucking environment with specific risks:

NASA Parkway and I-45 Interchange: This critical junction experiences heavy truck traffic serving NASA and surrounding industrial facilities. The complex merging patterns and high speeds create significant accident risks.
Distribution Center Congestion: Webster is home to multiple distribution centers that generate constant truck traffic. The frequent stopping, starting, and maneuvering of large trucks in these areas increases the risk of collisions with passenger vehicles.
Clear Lake Area Traffic: The mix of local commuters, tourists visiting Space Center Houston, and commercial truck traffic creates dangerous conditions, particularly during rush hours and special events.
Port of Houston Connection: Trucks traveling from the Port of Houston to distribution centers throughout the region pass through Webster, adding to the commercial vehicle volume on local roads.
Oil and Gas Industry Traffic: The proximity to the Houston Ship Channel means oilfield equipment and hazardous materials are frequently transported through Webster, creating additional risks.

The Physics of Trucking Accidents: Why They’re So Devastating

Understanding the physics behind 18-wheeler accidents helps explain why these crashes are so much more destructive than typical car accidents:

Size and Weight Disparity:

A fully loaded 18-wheeler can weigh up to 80,000 pounds
The average passenger car weighs about 3,500 pounds
The truck is 20-25 times heavier than your vehicle

Impact Force:

Force = Mass × Acceleration
An 80,000-pound truck traveling at 65 mph carries approximately 80 times the kinetic energy of a passenger car
This energy transfers to the smaller vehicle during a collision, causing catastrophic damage

Stopping Distance:

At 65 mph, an 18-wheeler needs approximately 525 feet to come to a complete stop
That’s nearly two football fields
A passenger car at the same speed needs only about 300 feet to stop
This 40% longer stopping distance means trucks cannot avoid obstacles as quickly as cars

Center of Gravity:

Trucks have a much higher center of gravity than cars
This makes them more prone to rollover accidents, especially when taking curves at excessive speeds or with improperly secured cargo

Blind Spots:

18-wheelers have significant blind spots, known as “No-Zones,” where the driver cannot see other vehicles
These include areas directly in front of, behind, and along both sides of the truck
Many accidents occur when passenger vehicles linger in these blind spots

Common Types of 18-Wheeler Accidents in Webster

Our experience handling trucking cases throughout the Houston area has shown us that certain types of accidents are particularly common in Webster:

Jackknife Accidents

A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.

Why They’re Common in Webster:

Sudden braking on I-45 near NASA Parkway
Wet or oily road conditions near industrial areas
Improperly loaded trailers at local distribution centers
Brake failures from deferred maintenance

Common Causes:

Sudden or improper braking, especially on wet or icy roads
Speeding, particularly on curves or in adverse conditions
Empty or lightly loaded trailers (more prone to swing)
Improperly loaded or unbalanced cargo
Brake system failures or worn brakes
Driver inexperience with emergency maneuvers
Slippery road surfaces without proper speed reduction

Underride Collisions

Underride collisions occur when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.

Why They’re Particularly Dangerous in Webster:

The mix of local traffic and large trucks on NASA Parkway
Poorly lit areas near industrial zones
Sudden stops at distribution center entrances
Wide turns at intersections that cut off passenger vehicles

Types:

Rear Underride: Vehicle strikes the back of the trailer, often at intersections or during sudden stops
Side Underride: Vehicle impacts the side of the trailer during lane changes, turns, or at intersections

Common Causes:

Inadequate or missing underride guards
Worn or damaged rear impact guards
Truck sudden stops without adequate warning
Low visibility conditions (night, fog, rain)
Truck lane changes into blind spots
Wide right turns that cut off traffic
Inadequate rear lighting or reflectors

Rear-End Collisions

Rear-end collisions occur when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.

Why They’re Frequent in Webster:

Stop-and-go traffic near distribution centers
Sudden slowdowns on NASA Parkway
Distracted driving in congested areas
Poor visibility at night near industrial zones

Common Causes:

Following too closely (tailgating)
Driver distraction (cell phone, dispatch communications)
Driver fatigue and delayed reaction
Excessive speed for traffic conditions
Brake failures from poor maintenance
Failure to anticipate traffic slowdowns
Impaired driving (drugs, alcohol)

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents occur when an 18-wheeler 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 or striking the vehicle that entered the gap.

Why They Happen in Webster:

Tight intersections near retail areas
Complex turns at distribution center entrances
Limited visibility at night near industrial zones
Inexperienced drivers unfamiliar with local roads

Why Trucks Make Wide Turns:

18-wheelers need significant space to complete turns
The trailer tracks inside the path of the cab
Drivers must swing wide to avoid curbs, signs, or buildings
Webstser’s older infrastructure wasn’t designed for modern truck sizes

Blind Spot Accidents (“No-Zone”)

Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots.

The Four No-Zones:

Front No-Zone: 20 feet directly in front of the cab – driver cannot see low vehicles
Rear No-Zone: 30 feet behind the trailer – no rear-view mirror visibility
Left Side No-Zone: Extends from cab door backward – smaller than right side
Right Side No-Zone: Extends from cab door backward, much larger than left – MOST DANGEROUS

Why They’re Common in Webster:

Heavy traffic on NASA Parkway and I-45
Congested distribution center areas
Lane changes near on-ramps and off-ramps
Limited visibility at night near industrial zones

Tire Blowout Accidents

Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.

Why They Happen in Webster:

Extreme Texas heat causing tire degradation
Long stretches of I-45 without adequate truck stops
Overloaded trucks from distribution centers
Poor road conditions near construction zones

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
Heat buildup on long hauls
Inadequate pre-trip tire inspections

Brake Failure Accidents

Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.

Why They’re a Problem in Webster:

Long downgrades near Clear Lake
Stop-and-go traffic near distribution centers
Deferred maintenance by cost-cutting carriers
Extreme heat affecting brake performance

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
Failure to conduct pre-trip brake inspections
Deferred maintenance to save costs

Cargo Spill/Shift Accidents

Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.

Why They’re Common in Webster:

Distribution center loading practices
Hazardous materials from the Port of Houston
Improperly secured construction equipment
Overloaded trucks from local manufacturers

Types:

Cargo Shift: Load moves during transit, destabilizing the truck
Cargo Spill: Load falls from the truck onto the roadway
Hazmat Spill: Hazardous materials leak or spill, creating additional dangers

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
Failure to re-inspect cargo during trip
Loose tarps allowing cargo shift

Head-On Collisions

Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Why They’re Particularly Dangerous in Webster:

Two-lane sections of NASA Parkway
Wrong-way entry onto divided highways
Driver fatigue on long hauls through the area
Medical emergencies affecting drivers

Common Causes:

Driver fatigue causing lane departure
Driver falling asleep at the wheel
Driver distraction (phone, GPS, dispatch)
Impaired driving (drugs, alcohol)
Medical emergency (heart attack, seizure)
Overcorrection after running off the road
Passing on two-lane roads
Wrong-way entry onto divided highways

Catastrophic Injuries Common in Webster Trucking Accidents

Due to the extreme forces involved in 18-wheeler accidents, catastrophic injuries are unfortunately common. These injuries often require extensive medical treatment, result in permanent disability, and dramatically alter the course of victims’ lives.

Traumatic Brain Injury (TBI)

TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull.

Severity Levels:

Level	Symptoms	Prognosis
Mild (Concussion)	Confusion, headache, brief loss of consciousness	Usually recovers, but may have lasting effects
Moderate	Extended unconsciousness, memory problems, cognitive deficits	Significant recovery possible with rehabilitation
Severe	Extended coma, permanent cognitive impairment	Lifelong disability, may require 24/7 care

Common Symptoms:

Headaches and dizziness
Memory loss and confusion
Difficulty concentrating
Mood changes, depression, anxiety
Sleep disturbances
Sensory problems (vision, hearing, taste)
Speech difficulties
Personality changes

Long-Term Consequences:

Permanent cognitive impairment
Inability to work
Need for ongoing care and supervision
Increased risk of dementia and Alzheimer’s
Depression and emotional disorders

Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity

Spinal Cord Injury

Damage to the spinal cord 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 a ventilator for breathing
Lower injuries (lumbar) affect legs but not arms

Lifetime Care Costs:

Paraplegia (low): $1.1 million+
Paraplegia (high): $2.5 million+
Quadriplegia (low): $3.5 million+
Quadriplegia (high): $5 million+

These figures represent direct medical costs only – not lost wages, pain and suffering, or loss of quality of life.

Amputation

Amputations in trucking accidents can be traumatic (limb severed at the scene) or surgical (limb so severely damaged it must be removed).

Common in 18-Wheeler Accidents Due To:

Crushing forces from truck impact
Entrapment requiring amputation for extraction
Severe burns requiring surgical removal
Infections from open wounds

Ongoing Medical Needs:

Initial surgery and hospitalization
Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
Replacement prosthetics throughout lifetime
Physical therapy and rehabilitation
Occupational therapy for daily living skills
Psychological counseling

Impact on Life:

Permanent disability
Career limitations or total disability
Phantom limb pain
Body image and psychological trauma
Need for home modifications
Dependency on others for daily activities

Severe Burns

Burns in trucking accidents often result from fuel tank ruptures, hazmat cargo spills, or electrical fires.

Burn Classification:

Degree	Depth	Treatment
First	Epidermis only	Minor, heals without scarring
Second	Epidermis and dermis	May scar, may need grafting
Third	Full thickness	Requires skin grafts, permanent scarring
Fourth	Through skin to muscle/bone	Multiple surgeries, amputation may be required

Long-Term Consequences:

Permanent scarring and disfigurement
Multiple reconstructive surgeries
Skin graft procedures
Chronic pain
Infection risks
Psychological trauma

Internal Organ Damage

Internal injuries may not be immediately apparent but can be life-threatening.

Common Internal Injuries:

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

Why Dangerous:

May not show immediate symptoms
Internal bleeding can be life-threatening
Requires emergency surgery
Organ removal affects long-term health

Wrongful Death

When a trucking accident kills a loved one, surviving family members may bring a wrongful death claim.

Who Can Bring a Wrongful Death Claim in Texas:

Surviving spouse
Children (minor and adult)
Parents (especially if no spouse or children)
Estate representative

Types of Claims:

Wrongful Death Action: Compensation for survivors’ losses
Survival Action: Compensation for decedent’s pain/suffering before death

Damages Available:

Lost future income and benefits
Loss of consortium (companionship, care, guidance)
Mental anguish and emotional suffering
Funeral and burial expenses
Medical expenses before death
Pain and suffering experienced by decedent before death
Punitive damages (if gross negligence)

Who Can Be Held Liable in Your Webster Trucking Accident?

One of the most important differences between car accidents and trucking accidents is that multiple parties can be held responsible for your injuries. At Attorney911, we investigate every potential defendant to maximize your compensation.

The Truck Driver

The driver who caused the accident may be personally liable for their negligent conduct.

Bases for Driver Liability:

Speeding or reckless driving
Distracted driving (cell phone, texting, dispatch communications)
Fatigued driving beyond legal limits
Impaired driving (drugs, alcohol)
Failure to conduct proper pre-trip inspections
Violation of traffic laws
Failure to yield, improper lane changes, running red lights

Evidence We Pursue:

Driver’s driving record and history
ELD data showing hours of service
Drug and alcohol test results
Cell phone records
Previous accident history
Training records

The Trucking Company / Motor Carrier

The trucking company is often the most important defendant because they have the deepest pockets (highest insurance) and the most responsibility for safety.

Bases for Trucking Company Liability:

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:

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

Evidence We Pursue:

Driver Qualification File (or lack thereof)
Hiring policies and background check procedures
Training records and curricula
Supervision and monitoring practices
Dispatch records showing schedule pressure
Safety culture documentation
Previous accident/violation history
CSA (Compliance, Safety, Accountability) scores

Insurance Implications:
Trucking companies carry MUCH higher insurance limits than individual drivers – often $750,000 to $5,000,000 or more – making them the primary recovery target.

Cargo Owner / Shipper

The company that owns the cargo and arranged for its shipment may be liable.

Bases for Shipper Liability:

Provided improper loading instructions
Failed to disclose hazardous nature of cargo
Required overweight loading
Pressured carrier to expedite beyond safe limits
Misrepresented cargo weight or characteristics

Evidence We Pursue:

Shipping contracts and bills of lading
Loading instructions provided
Hazmat disclosure documentation
Weight certification records

Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for improper securement.

Bases for Loading Company Liability:

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

Evidence We Pursue:

Loading company securement procedures
Loader training records
Securement equipment used
Weight distribution documentation

Truck and Trailer Manufacturer

The company that manufactured the truck, trailer, or major components may be liable for defects.

Bases for Manufacturer Liability:

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)

Evidence We Pursue:

Recall notices and technical service bulletins
Similar defect complaints (NHTSA database)
Design specifications and testing records
Component failure analysis

Parts Manufacturer

Companies that manufacture specific parts (brakes, tires, steering components) may be liable for defective products.

Bases for Parts Liability:

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

Evidence We Pursue:

Failed component for expert analysis
Recall history for specific parts
Similar failure patterns
Manufacturing and quality control records

Maintenance Company

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs.

Bases for Maintenance Company Liability:

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

Evidence We Pursue:

Maintenance work orders
Mechanic qualifications and training
Parts used in repairs
Inspection reports and recommendations

Freight Broker

Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection.

Bases for Broker Liability:

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

Evidence We Pursue:

Broker-carrier agreements
Carrier selection criteria
Carrier safety record at time of selection
Broker’s due diligence procedures

Truck Owner (If Different from Carrier)

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

Bases for Owner Liability:

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

Evidence We Pursue:

Lease agreements
Maintenance responsibility allocations
Owner’s knowledge of driver history

Government Entity

Federal, state, or local government may be liable in limited circumstances.

Bases for Government Liability:

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

Special Considerations:

Sovereign immunity limits government liability
Strict notice requirements and short deadlines
Must prove actual notice of dangerous condition in many cases

Evidence We Pursue:

Road design specifications
Maintenance records
Prior accident history at location
Citizen complaints about condition

The 48-Hour Evidence Preservation Protocol

In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. 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

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:

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 the Spoliation Letter Demands

ELECTRONIC DATA:

Engine Control Module (ECM) / Electronic Control Unit (ECU) data
Event Data Recorder (EDR) data
Electronic Logging Device (ELD) records
GPS and telematics data
Dashcam and forward-facing camera footage
Dispatch communications and messaging
Cell phone records and text messages
Qualcomm or fleet management system data

DRIVER RECORDS:

Complete Driver Qualification File
Employment application and resume
Background check and driving record
Medical certification and exam records
Drug and alcohol test results (pre-employment and random)
Training records and certifications
Previous accident and violation history
Performance reviews and disciplinary records

VEHICLE RECORDS:

Maintenance and repair records
Inspection reports (pre-trip, post-trip, annual)
Out-of-service orders and repairs
Tire records and replacement history
Brake inspection and adjustment records
Parts purchase and installation records

COMPANY RECORDS:

Hours of service records for 6 months prior
Dispatch logs and trip records
Bills of lading and cargo documentation
Insurance policies
Safety policies and procedures
Training curricula
Hiring and supervision policies

PHYSICAL EVIDENCE:

The truck and trailer themselves
Failed or damaged components
Cargo and securement devices
Tire remnants if blowout involved

ECM/Black Box Data Explained

What Is It?

Commercial trucks have electronic systems that continuously record operational data – similar to an airplane’s black box but for trucks.

Types of Electronic Recording:

System	What It Records
ECM (Engine Control Module)	Engine performance, speed, throttle, RPM, cruise control, fault codes
EDR (Event Data Recorder)	Pre-crash data triggered by sudden deceleration or airbag deployment
ELD (Electronic Logging Device)	Driver hours, duty status, GPS location, driving time
Telematics	Real-time GPS tracking, speed, route, driver behavior
Dashcam	Video of road ahead, some record cab interior

Critical Data Points:

Speed Before Crash: Proves speeding or excessive speed for conditions
Brake Application: Shows when and how hard brakes were applied
Throttle Position: Reveals if driver was accelerating or coasting
Following Distance: Calculated from speed and deceleration data
Hours of Service: Proves fatigue and HOS violations
GPS Location: Confirms route and timing
Fault Codes: May reveal known mechanical issues driver ignored

Why This Data Wins Cases:

ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.

FMCSA Record Retention Requirements

Minimum Retention Periods:

Record Type	Retention Period
Driver Qualification Files	3 years after termination
Hours of Service Records	6 months
Vehicle Inspection Reports	1 year
Maintenance Records	1 year
Accident Register	3 years
Drug Test Records (positive)	5 years
Drug Test Records (negative)	1 year

Why Our Spoliation Letter Extends These:

Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in:

Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
Sanctions and monetary penalties
Default judgment in extreme cases
Punitive damages for intentional destruction

FMCSA Regulations: The Rules That Trucking Companies Break

The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.

WHY FMCSA REGULATIONS MATTER FOR YOUR CASE:

Every 18-wheeler on American highways must comply with these federal 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
Part 390	General Applicability	Definitions, who regulations apply to
Part 391	Driver Qualification	Who can drive, medical requirements, training
Part 392	Driving Rules	Safe operation, fatigue, drugs, alcohol
Part 393	Vehicle Safety	Equipment, cargo securement, brakes, lights
Part 395	Hours of Service	How long drivers can drive, required rest
Part 396	Inspection & Maintenance	Vehicle upkeep, inspections, records

49 CFR Part 390 – General Applicability & Definitions

Purpose: Establishes who must comply with federal trucking regulations.

Applies To:

All motor carriers operating commercial motor vehicles (CMVs) in interstate commerce
All drivers of CMVs in interstate commerce
All vehicles with GVWR over 10,001 lbs
All vehicles designed to transport 16+ passengers (including driver)
All vehicles transporting hazardous materials requiring placards

Key Definitions:

Term	Definition
Commercial Motor Vehicle (CMV)	Vehicle with GVWR 10,001+ lbs, designed for 16+ passengers, or transporting hazardous materials
Motor Carrier	Person or company operating CMVs in interstate commerce
Driver	Any person who operates a CMV
Interstate Commerce	Trade, traffic, or transportation crossing state lines

49 CFR § 390.3 – General Applicability:
“The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”

49 CFR 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
Employment Application	Completed per § 391.21
Motor Vehicle Record	From state licensing authority
Road Test Certificate	Or equivalent documentation
Medical Examiner’s Certificate	Current, valid (max 2 years)
Annual Driving Record Review	Must be conducted and documented
Previous Employer Inquiries	3-year driving history investigation
Drug & Alcohol Test Records	Pre-employment and random testing

WHY THIS MATTERS FOR YOUR 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 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

49 CFR 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: This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.

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.”

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.”

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)

49 CFR 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

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

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

WHY THIS MATTERS: Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.

49 CFR 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 TRUCKING ACCIDENTS.

PROPERTY-CARRYING DRIVERS (Most 18-Wheelers):

Rule	Requirement	Violation Consequence
11-Hour Driving Limit	Cannot drive more than 11 hours after 10 consecutive hours off duty	Fatigue-related accidents
14-Hour Duty Window	Cannot drive beyond 14th consecutive hour after coming on duty	Driver exhaustion
30-Minute Break	Must take 30-minute break after 8 cumulative hours of driving	Impaired alertness
60/70-Hour Limit	Cannot drive after 60 hours in 7 days or 70 hours in 8 days	Cumulative fatigue
34-Hour Restart	Can restart 60/70-hour clock with 34 consecutive hours off	Inadequate recovery
10-Hour Off-Duty	Must have minimum 10 consecutive hours off duty before driving	Insufficient rest

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

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:

ELDs prove:

Exactly how long the driver was on duty
Whether breaks were taken as required
Speed before and during the accident
GPS location history
Any HOS violations

WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.

49 CFR 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.”

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.

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

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.

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

WHY THIS MATTERS: Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.

Most Common FMCSA Violations That Cause Accidents

TOP 10 VIOLATIONS WE FIND IN TRUCKING ACCIDENT CASES:

Hours of Service Violations – Driving beyond 11-hour limit, no breaks
False Log Entries – Falsifying ELD or paper log records
Failure to Maintain Brakes – Worn brakes, improper adjustment
Cargo Securement Failures – Inadequate tiedowns, shifting loads
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
Failure to Inspect – No pre-trip inspection, ignored defects
Improper Lighting – Non-functioning lights, missing reflectors
Negligent Hiring – No background check, incomplete DQ file

HOW WE PROVE VIOLATIONS:

Evidence Type	What It Shows
ELD Data	Hours of service violations, driving time
ECM/Black Box	Speed, braking, throttle position
Driver Qualification File	Hiring negligence, training gaps
Maintenance Records	Deferred repairs, known defects
Inspection Reports	Pre-existing violations
Drug/Alcohol Tests	Impairment at time of accident
Dispatch Records	Pressure to violate HOS

The Insurance Battle: What Trucking Companies Don’t Want You to Know

Trucking companies and their insurers have teams of lawyers and adjusters working to minimize your claim from the moment the accident occurs. They know the tactics that work to reduce payouts, and they use them aggressively.

Our Insider Advantage:

Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows exactly how insurance companies evaluate, minimize, and deny claims. Now he uses that knowledge to fight for YOU.

What He Learned on the Other Side:

What He Learned	How It Helps You
How insurance companies VALUE claims	He knows their formulas and can maximize your recovery
How adjusters are TRAINED	He recognizes their manipulation tactics immediately
What makes them SETTLE	He knows when they’re bluffing and when they’ll pay
How they MINIMIZE payouts	He counters every tactic they use against you
How they DENY claims	He knows how to fight wrongful denials
Claims valuation software (Colossus, etc.)	He understands how algorithms undervalue your suffering

Common Insurance Tactics & Our Counter-Strategies:

Insurance Company Tactic	Attorney911 Counter-Strategy
Quick Lowball Settlement Offers	NEVER accept early offers; calculate full future damages first
Denying or Minimizing Injuries	Obtain comprehensive medical documentation and expert testimony
Blaming the Victim (Comparative Fault)	Investigate fully; gather evidence disproving fault allegations
Delaying the Claims Process	File lawsuit to force discovery; set depositions
Using Recorded Statements Against Victims	Advise clients NEVER give statements without attorney present
“Pre-Existing Condition” Defense	Apply Texas “Eggshell Skull” doctrine (take plaintiff as found)
“Gap in Treatment” Attacks	Document all treatment; explain gaps with medical records
Sending Surveillance Investigators	Advise clients on appropriate conduct; expose unfair surveillance
Hiring “Independent” Medical Examiners	Counter with client’s treating physicians and independent experts
Drowning Plaintiff in Paperwork	Aggressive litigation and motion practice to force resolution

What Your Case Might Be Worth

Case values in trucking accidents vary widely based on the severity of injuries, degree of negligence, and available insurance coverage. Because trucking companies carry much higher insurance limits than typical drivers, catastrophic injuries can often be fully compensated.

FACTORS THAT DETERMINE CASE VALUE:

Severity of Injuries – Catastrophic injuries command higher compensation
Medical Expenses – Past, present, and future medical costs
Lost Wages – Income lost due to injury and recovery
Lost Earning Capacity – Reduction in future earning ability
Pain and Suffering – Physical pain and emotional distress
Degree of Negligence – Gross negligence may support punitive damages
Insurance Coverage – Trucking companies carry $750K-$5M+ policies
Liability Clarity – Clear fault increases settlement value
Jurisdiction – Some venues are more favorable to plaintiffs

DOCUMENTED SETTLEMENT RANGES (From Attorney911’s Experience):

Injury Type	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 – $2,500,000+
Spinal Cord Injury (Quadriplegia)	$3,500,000 – $5,000,000+
Amputation	$1,945,000 – $8,630,000
Severe Burns	$500,000 – $3,000,000+
Wrongful Death	$1,910,000 – $9,520,000+

NUCLEAR VERDICTS – WHAT JURIES ARE AWARDING:

Recent years have seen unprecedented jury verdicts against trucking companies:

Amount	Year	Location	Case Details
$462 Million	2024	St. Louis, MO	Underride accident – two fatalities
$160 Million	2024	Alabama	Daimler – quadriplegic injury from rollover
$141.5 Million	2024	Florida	Defunct carrier crash
$90 Million	—	Houston, TX	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 in Tarrant County

HISTORIC LANDMARK VERDICTS:

Amount	Year	Case Details
$1 Billion	2021	Florida – 18-year-old killed, negligent hiring. $100M compensatory + $900M punitive
$411 Million	2020	Florida – 45-vehicle pileup, motorcyclist severely injured

WHY NUCLEAR VERDICTS HAPPEN:

Juries award massive verdicts when they find:

Trucking company knowingly hired dangerous drivers
Company ignored safety violations for profit
Evidence was destroyed (spoliation)
Falsified hours-of-service logs
Pattern of similar violations
Corporate culture prioritizing profit over safety
Egregious disregard for human life

WHAT THIS MEANS FOR YOUR CASE:

These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages – which strengthens settlement negotiations.

What to Do After a Trucking Accident in Webster

If you’ve been involved in an 18-wheeler accident in Webster, Texas, what you do in the minutes, hours, and days following the crash can significantly impact your ability to recover compensation. Follow these steps:

At the Scene (If You’re Able)

Call 911 Immediately – Report the accident and request police and medical assistance.
Seek Medical Attention – Even if injuries seem minor, get evaluated. Adrenaline masks pain, and some injuries aren’t immediately apparent.
Document the Scene – If possible, take photos and videos of:
- All vehicles involved (from multiple angles)
- Damage to your vehicle and the truck
- Skid marks, debris, road conditions
- Traffic signals, signs, and road markings
- Your injuries (bruises, cuts, etc.)
- The surrounding area (businesses, landmarks)
Get the Truck Driver’s Information – Obtain:
- Driver’s name, contact information, and CDL number
- Trucking company name and contact information
- Truck and trailer license plate numbers
- Insurance information
- DOT number (usually on the truck door)
Collect Witness Information – Get names and contact information for any witnesses.
Do NOT Admit Fault – Even saying “I’m sorry” can be used against you later.
Do NOT Give Statements to Insurance Adjusters – Politely decline and refer them to your attorney.

After Leaving the Scene

Follow Up with Medical Care – Attend all follow-up appointments and follow your doctor’s orders.
Document Everything – Keep a journal of:
- Your pain levels and symptoms
- Medical appointments and treatments
- How injuries affect your daily life
- Time missed from work
- Conversations with insurance companies
Preserve Evidence – Keep all:
- Medical records and bills
- Repair estimates
- Receipts for out-of-pocket expenses
- Photographs from the scene
- Clothing and personal items damaged in the crash
Avoid Social Media – Insurance companies will look for posts that can be used to minimize your claim.
Contact an 18-Wheeler Accident Attorney Immediately – The sooner you contact us, the better we can protect your rights.

Why You Need an Attorney Immediately

Evidence Preservation – We send spoliation letters within 24-48 hours to preserve critical evidence.
Insurance Company Tactics – Adjusters will try to get you to say things that hurt your case. We handle all communications.
Medical Care Coordination – We can help you get the treatment you need, even if you don’t have insurance.
Case Value Assessment – We calculate the full value of your claim, including future medical needs.
Litigation Preparation – We begin building your case immediately, so we’re ready if the insurance company won’t offer a fair settlement.

Why Choose Attorney911 for Your Webster Trucking Accident Case

When you’re facing the aftermath of a catastrophic trucking accident, you need more than just a lawyer – you need a team with the experience, resources, and determination to fight for the compensation you deserve. Here’s why Attorney911 is the right choice for your Webster trucking accident case:

1. Decades of Experience Fighting Trucking Companies

Our managing partner, Ralph Manginello, has been representing trucking accident victims since 1998 – that’s over 25 years of experience taking on the trucking industry. We’ve handled cases against major carriers like Walmart, Coca-Cola, Amazon, FedEx, and UPS, as well as countless smaller trucking companies.

2. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court experience is crucial for trucking cases, which often involve interstate commerce and federal regulations. We have the capability to handle complex federal litigation when necessary.

3. Insider Knowledge of Insurance Company Tactics

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm. He knows exactly how trucking insurance companies evaluate, minimize, and deny claims. This insider knowledge gives us a significant advantage in negotiations and litigation.

4. Deep Understanding of FMCSA Regulations

We have comprehensive knowledge of the Federal Motor Carrier Safety Regulations (49 CFR Parts 390-399). We know how to identify violations that prove negligence and how to use this evidence to build a strong case on your behalf.

5. Proven Track Record of Results

While every case is unique, our firm has a documented history of securing significant settlements and verdicts for our clients:

$5+ Million – Logging Brain Injury Settlement
$3.8+ Million – Car Accident Amputation Settlement
$2+ Million – Maritime Back Injury Settlement
$2.5+ Million – Truck Crash Recovery
Millions recovered for families in trucking-related wrongful death cases

6. Comprehensive Investigation Resources

We have the resources to conduct thorough investigations, including:

Accident reconstruction experts
Medical experts to document injuries
Vocational experts to assess lost earning capacity
Life care planners for catastrophic injuries
FMCSA regulation experts
Product liability experts when needed

7. Local Knowledge of Webster and Harris County

We know Webster’s trucking corridors, from the busy distribution centers near Bay Area Boulevard to the hazardous stretches of I-45. We understand the local courts, judges, and jury pools. This local knowledge gives us an advantage in building and presenting your case.

8. Personalized Attention and Compassion

At Attorney911, we treat our clients like family. We understand the physical, emotional, and financial toll that a catastrophic trucking accident can take on your life. We’re here to support you every step of the way, answering your questions and keeping you informed about your case.

9. No Fee Unless We Win

We work on a contingency fee basis – you pay nothing unless we win your case. We advance all costs of litigation, so there’s no financial risk to you. Our fee comes from the settlement or verdict, not from your pocket.

10. 24/7 Availability

Trucking accidents don’t happen on a 9-to-5 schedule, and neither do we. We’re available 24 hours a day, 7 days a week to answer your questions and provide the legal help you need.

What Our Clients Say About Us

At Attorney911, we’re proud of the relationships we build with our clients. Here’s what some of them have said about their experience with our firm:

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

“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

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

“I got a call to come pick up this handsome check.”
— Donald Wilcox, Attorney911 Client

“Ralph reached out personally.”
— Dame Haskett, 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

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

“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”
— Jacqueline Johnson, Attorney911 Client

Frequently Asked Questions About Webster Trucking Accidents

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

If you’ve been in a trucking accident in Webster, take these steps immediately if you’re able:

Call 911 and report the accident
Seek medical attention, even if injuries seem minor
Document the scene with photos and video if possible
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. Webster hospitals and trauma centers 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 Webster?

Document everything possible:

Truck and trailer license plates
DOT number (on truck door)
Trucking company name and logo
Driver’s name, CDL number, and contact info
Photos of all vehicle damage
Photos of the accident scene, road conditions, skid marks
Photos of your injuries
Witness names and phone numbers
Responding officer’s name and badge number
Weather and road conditions

Should I talk to the trucking company’s insurance adjuster?

NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. 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 Webster?

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 spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

What is a spoliation letter and why is it important?

A spoliation letter is a formal legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.

Who can I sue after an 18-wheeler accident in Webster?

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 liable 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. If you’re less than 50% at fault, your recovery is reduced by your percentage of fault. 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 the road.

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
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
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 injuries are common in 18-wheeler accidents in Webster?

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 Webster?

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 Webster?

Texas 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 Texas?

The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do trucking accident cases take to resolve?

Timelines vary:

Simple cases with clear liability: 6-12 months
Complex cases with multiple parties: 1-3 years
Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

Will my trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. 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.

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.

Contact Attorney911 for Your Webster Trucking Accident Case

If you or a loved one has been injured in an 18-wheeler accident in Webster, Texas, don’t wait to get the legal help you need. Every hour that passes increases the risk that critical evidence will be lost forever.

Call us 24/7 at 1-888-ATTY-911 (1-888-288-9911) for a free consultation.

Our experienced Webster trucking accident attorneys are ready to:

Send spoliation letters to preserve evidence
Investigate the accident thoroughly
Identify all liable parties
Calculate the full value of your claim
Handle all communications with insurance companies
Fight for the maximum compensation you deserve

Hablamos Español. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Llame al 1-888-ATTY-911.

Remember: We work on contingency – you pay nothing unless we win your case. There’s no risk to you, and no upfront costs.

Don’t let the trucking company take advantage of you. Call Attorney911 today.

Attorney911 – The Manginello Law Firm, PLLC
1177 West Loop S, Suite 1600, Houston, TX 77027
1-888-ATTY-911 (1-888-288-9911)
ralph@atty911.com
https://attorney911.com