Fatal 18-Wheeler and Tractor-Trailer Crashes in Collingsworth County, Texas
You are reading this because someone you love did not come home from a road most people in Collingsworth County drive every day without thinking about it. An eighty-thousand-pound tractor-trailer changed everything for your family on a corridor that carries the freight that keeps Wellington, Quanah, and the surrounding communities running. Texas Civil Practice and Remedies Code Section 16.003 started a clock the day of the crash that does not stop while you grieve. You have two years from the date of the fatal injury to file a wrongful-death action under Section 71.001. The carrier whose driver killed your family member has lawyers who have been working since the night of the wreck. The longer you wait, the more evidence they control—the electronic logging device under 49 C.F.R. Part 395, the dashcam footage, the maintenance records under Part 396, the driver-qualification file under Part 391—and the more of it disappears. We send the preservation letter that locks it down before they can claim it was “accidentally” deleted.
The Reality of a Fatal 18-Wheeler Crash on US 287 Through Collingsworth County
US 287 runs straight through the heart of Collingsworth County, carrying long-haul freight between Amarillo and Fort Worth, oilfield service vehicles moving between the Panhandle and North Texas production basins, and the agricultural carriers that keep the county’s cattle and wheat industries moving. When a fully loaded tractor-trailer loses control on that corridor—whether from brake failure, driver fatigue, or a sudden lane change—the physics leave no time for the driver of a passenger vehicle to react. A semi-truck crash at highway speeds is not a fender-bender. It is a closing-speed event that frequently produces fatalities and catastrophic injuries. Whether you call it a semi, a tractor-trailer, or an eighteen-wheeler, the legal exposure of the motor carrier under Federal Motor Carrier Safety Regulations is identical, and the depth of investigation required to prove how the crash actually happened is the same.
The Texas Department of Transportation’s Crash Records Information System (CRIS) recorded 123 crashes in Collingsworth County in 2024, with fatality rates concentrated on the freight-heavy segments of US 287 and State Highway 203. For families in Wellington, Quanah, and the surrounding rural communities, that is not a statewide statistic. It is the wreck that closed the highway last Tuesday, the ambulance your neighbor heard at two a.m., the flowers on the overpass at the intersection of US 287 and FM 1036. When the crash involves a commercial vehicle, the carrier’s insurer calculates you as a settlement risk while you are still trying to understand what happened.
What Texas Wrongful-Death and Survival Statutes Give Your Family
Under Texas Civil Practice and Remedies Code Section 71.004, surviving spouses, children, and parents each hold an independent wrongful-death claim. Under Section 71.021, the estate holds a separate survival action for the pain and mental anguish the decedent endured between injury and death. A multi-fatality family crash in Collingsworth County is not one case—it is a coordinated set of statutory claims that have to be filed within the two-year window of Section 16.003 or they die procedurally.
- Surviving spouse claim: Loss of companionship, loss of consortium, pecuniary loss (financial support the decedent would have provided), mental anguish.
- Surviving children claim: Loss of inheritance, loss of parental guidance, mental anguish.
- Surviving parents claim: Loss of companionship and society, mental anguish.
- Estate survival action: Pain and suffering before death, medical bills incurred before death, funeral expenses.
Every one of these is a separate fight. The carrier’s defense will argue that the decedent was partly at fault—maybe for speeding, maybe for not wearing a seatbelt, maybe for changing lanes. Under Texas’s modified comparative negligence rule (Section 33.001), you recover only if the decedent was 50% or less at fault. At 51%, recovery is zero. We anticipate this attack and develop evidence that pushes fault back where it belongs.
The Federal Regulations the Carrier Is Supposed to Operate Under
The Federal Motor Carrier Safety Regulations (FMCSR) at 49 C.F.R. Parts 390 through 399 are not suggestions. They are the safety rules every commercial carrier operating on US 287, SH 203, and the farm-to-market roads of Collingsworth County is supposed to follow. When a carrier violates these rules and the violation causes a fatal crash, Texas law treats the violation as negligence per se under Pattern Jury Charge 27.2. That means the jury does not decide whether the carrier was negligent—they only decide whether the violation caused the crash.
Hours of Service (49 C.F.R. Part 395)
Commercial drivers are limited to 11 hours of driving within a 14-hour duty window, after 10 consecutive hours off duty. The electronic logging device (ELD) mandated since December 2017 records every minute the truck moved. When the ELD log shows a driver in “on-duty not driving” status at the moment of the crash but the dashcam shows him at highway speed, we have a falsified log. That is no longer ordinary negligence—it is the gross-negligence predicate under Texas Civil Practice and Remedies Code Chapter 41.
Lupe Peña, our associate attorney, worked for years at a national insurance defense firm where he calculated claim valuations and hired independent medical examiners. He knows how carriers manipulate ELD data to hide hours-of-service violations. “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney,” Lupe says. “Here’s the truth: insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the ten minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”
Driver Qualification (49 C.F.R. Part 391)
Carriers must verify that every driver holds a valid commercial driver’s license (CDL), passes a medical examination, and has no disqualifying offenses (DUI, leaving the scene of an accident, etc.). The Pre-Employment Screening Program (PSP) report from the FMCSA shows every prior crash and inspection violation. If the carrier hired a driver with a suspended CDL or a history of preventable crashes, that is negligent hiring under Texas common law—and a direct route to gross negligence if the pattern was ignored.
Vehicle Maintenance and Inspection (49 C.F.R. Part 396)
Carriers must inspect, repair, and maintain every commercial vehicle. Brake systems, tires, lighting, coupling devices, and cargo securement are all regulated. A pre-trip inspection is required before every trip. If the maintenance file shows that the carrier ignored a known brake defect or failed to replace a bald tire, that is negligent maintenance—and another path to gross negligence.
Controlled Substances and Alcohol (49 C.F.R. Part 382)
Commercial drivers are subject to random drug and alcohol testing. A positive post-accident test under Section 382.303 is not just a violation—it is the clearest possible evidence of gross negligence under Chapter 41. The carrier’s duty does not end at testing. If the carrier knew or should have known about a driver’s substance abuse history and kept dispatching him, that is negligent retention.
The Investigation We Begin Within 48 Hours
Within hours of a fatal commercial-vehicle crash in Collingsworth County, we send a preservation letter to the motor carrier, the broker, the shipper, and any third-party telematics provider. That letter identifies the truck’s electronic control module (ECM), the electronic logging device (ELD), the dashcam footage, the dispatch communications, the Qualcomm or PeopleNet telematics feed, the maintenance records, the driver-qualification file, the prior preventability determinations, the post-accident drug and alcohol screens, and any Form MCS-90 endorsement on the policy. We put the carrier on notice that spoliation will be argued—and an adverse inference charge sought—if any of that disappears.
What the Preservation Letter Locks Down
- Electronic Control Module (ECM): Records speed, braking, and engine data for the 30 seconds before impact.
- Electronic Logging Device (ELD): Mandated since 2017, this records every minute the truck moved. Discrepancies between the ELD log and other records (fuel receipts, toll records, GPS data) expose falsified logs.
- Dashcam Footage: Driver-facing and forward-facing cameras cycle every 7–14 days. We preserve them before they auto-delete.
- Dispatch Records: Show the driver’s schedule, route, and any pressure to meet unrealistic delivery times.
- Maintenance Records: Required under 49 C.F.R. Section 396.3. If the carrier ignored a known defect, that is negligent maintenance.
- Driver Qualification File: Required under 49 C.F.R. Section 391.51. Includes the driver’s CDL, medical certificate, employment history, and PSP report.
- Prior Preventability Determinations: If the carrier’s safety department flagged the driver for prior preventable crashes and kept dispatching him, that is negligent retention.
- Post-Accident Drug and Alcohol Screen: Required under 49 C.F.R. Section 382.303. A positive test is the gross-negligence predicate.
- Form MCS-90 Endorsement: A federal insurance endorsement that guarantees payment to injured third parties even if the policy would otherwise exclude coverage.
By the time the defense files its answer, the record is locked. The carrier cannot claim evidence was “lost” or “inadvertently deleted” without facing a spoliation argument.
The FMCSA Records We Pull Before Discovery
- Pre-Employment Screening Program (PSP): Shows the driver’s prior crashes and inspection violations.
- Safety Measurement System (SMS): Tracks the carrier’s performance across seven Behavior Analysis and Safety Improvement Categories (BASICs):
- Unsafe Driving
- Hours-of-Service Compliance
- Driver Fitness
- Controlled Substances/Alcohol
- Vehicle Maintenance
- Hazardous Materials Compliance
- Crash Indicator
- SAFER Profile: The carrier’s USDOT number, operating authority, and crash history.
When we open a case in Collingsworth County, we pull the defendant carrier’s SMS profile before we file. The pattern is usually visible before the deposition.
The Defendants Beyond the Driver
In a fatal 18-wheeler crash on US 287 or SH 203, the universe of defendants extends far beyond the driver behind the wheel. The motor carrier employer is exposed under respondeat superior and direct negligence for hiring, training, supervision, and dispatch decisions. The freight broker that arranged the load—under cases like Miller v. C.H. Robinson—may be exposed for negligent selection of an unsafe carrier. The shipper who specified the loading sequence, the maintenance contractor responsible for the truck’s brake system, the parts manufacturer of the failed component, the road designer or Texas Department of Transportation if a deficient roadway feature contributed, the municipality if a signal-timing or signage failure contributed, the carrier’s primary and excess insurers under direct-action principles where the policy permits, the parent corporation if alter-ego or single-business-enterprise doctrine reaches it, and the loading crew at the terminal of origin if loading violated 49 C.F.R. Part 393.
A fatal crash in Collingsworth County is a coordinated multi-defendant investigation. The carrier counts on a plaintiffs’ counsel who only sues the driver. We start at the corporate parent and work down.
Corporate Fleet Defendants Operating in Collingsworth County
Collingsworth County sees freight from every category of motor carrier operating in Texas. Long-haul interstate carriers share the road with regional less-than-truckload operators, oilfield service companies, agricultural haulers, and last-mile delivery fleets. The major carriers operating through Collingsworth County include:
- Long-haul interstate: Werner Enterprises, J.B. Hunt, Schneider National, Knight-Swift, CRST, Heartland Express, Stevens Transport (Dallas-headquartered), Mesilla Valley Transportation.
- Oilfield service: Halliburton, Schlumberger, Baker Hughes, Patterson-UTI, Basic Energy Services, C&J Energy Services, Calfrac Well Services.
- Agricultural: Local grain haulers, livestock transporters, and feed distributors serving the county’s cattle and wheat industries.
- Last-mile delivery: Amazon Logistics and its Delivery Service Partner (DSP) independent-contractor structure, FedEx Ground contractors, UPS.
Each category carries a different regulatory profile. Each requires a different discovery posture.
Government Defendants: Texas Tort Claims Act Framework
If the crash involved a government commercial vehicle—such as a TxDOT maintenance truck, a county sheriff’s vehicle, or a school bus contractor operating under a district transportation agreement—the Texas Tort Claims Act (Texas Civil Practice and Remedies Code Chapter 101) applies. The Act waives sovereign immunity for injuries caused by the use of motor vehicles by government employees, but with strict limits:
- Six-month notice requirement: Section 101.101 requires written notice of the claim within six months of the incident. Miss it, and the claim is barred.
- Damages caps: Section 101.023 limits recovery to $250,000 per person and $500,000 per occurrence for municipalities. State agencies have higher caps.
- Waiver scope: Section 101.021 defines the limited circumstances where immunity is waived.
For example, if a TxDOT maintenance truck rear-ended your loved one’s vehicle on US 287 due to a brake failure, we would pursue the claim under the Texas Tort Claims Act while also investigating the maintenance contractor and parts manufacturer for potential third-party liability.
How Texas Pattern Jury Charges Submit Damages to a Jury
A Collingsworth County jury in a wrongful-death trucking case does not decide the case in the abstract. It decides the specific questions submitted under the Texas Pattern Jury Charge (PJC). The PJC framework is what the jury will actually be charged on, and we build every case around the questions they will answer.
Compensatory Damages Categories
- Past medical care: Ambulance, emergency room, hospitalization, surgery, rehabilitation.
- Future medical care: Lifetime cost of follow-up care, attendant care, mobility equipment, medication, surgical revisions. Calculated by a life-care planner and a medical economist.
- Past lost earnings: Paychecks already missed.
- Future lost earning capacity: The entire career trajectory the decedent lost. For a young victim, this can exceed wrongful-death pecuniary loss.
- Past physical pain: Pain suffered between injury and death.
- Past mental anguish: Emotional suffering between injury and death.
- Physical impairment: The decedent’s loss of enjoyment of life before death.
- Disfigurement: Scarring, burns, or other permanent changes to appearance.
- Loss of consortium (spouse): Loss of companionship, affection, and sexual relations.
- Loss of companionship and society (parents and children): Emotional loss of the decedent’s presence in their lives.
- Pecuniary loss (wrongful death): Financial support the decedent would have provided to surviving family members.
- Mental anguish (wrongful death): Emotional suffering of surviving family members.
- Loss of inheritance: What the decedent would have saved and passed on to heirs.
Exemplary Damages (Punitive Damages)
Where the carrier’s conduct rises to gross negligence—defined as an objective extreme risk of harm, subjective awareness of the risk, and proceeding anyway—Texas Civil Practice and Remedies Code Chapter 41 allows exemplary damages. The standard is clear and convincing evidence, a higher burden than the preponderance standard for compensatory damages.
- Standard cap: Greater of $200,000 or (2× economic damages) + non-economic damages (capped at $750,000 on the non-economic portion).
- Felony exception: If the underlying act is a felony (e.g., Intoxication Manslaughter), the cap does NOT apply. The jury decides with no statutory limit.
For example, if the post-accident drug test under 49 C.F.R. Section 382.303 returns positive for methamphetamine, and the carrier’s safety department had prior knowledge of the driver’s substance abuse history, the gross-negligence predicate is established. The jury can award exemplary damages without limit.
The Defense Playbook in Collingsworth County Trucking Cases—and Our Answer
The carrier’s defense lawyer in a Collingsworth County trucking case has a script. The driver was professional. The crash was unavoidable. The decedent was partly at fault. Discovery is overbroad. The hours-of-service log shows compliance. The dashcam shows nothing material. We have heard every line of that script before we walk into the courtroom.
Common Defense Tactics and Our Counters
| Tactic | What They Do | Our Counter |
|---|---|---|
| Quick lowball settlement | First call from adjuster within days; small offer designed to be accepted before you talk to counsel | First offers are always a fraction of case value. We never advise a client to sign a release in the first 96 hours. |
| Recorded statement trap | “We just need a quick recorded statement for our files”—questions trained to make you minimize injuries | That statement is used against you later. Never give a recorded statement without your attorney present. |
| Comparative negligence | “The decedent was speeding / not wearing a seatbelt / changed lanes” | Texas follows modified comparative negligence. Even at 50% fault, you recover. We develop evidence that pushes fault back where it belongs. |
| Pre-existing condition | “The decedent had back problems before this accident” | The eggshell skull doctrine: the defendant takes the plaintiff as they find them. If a pre-existing condition was worsened by the crash, the defendant is liable for the aggravation. |
| Delayed treatment defense | “You didn’t see a doctor for three weeks—so you must not be seriously hurt” | Adrenaline masks pain. TBI symptoms can take days or weeks to appear. Delayed treatment does not mean no injury. |
| Spoliation (evidence destruction) | ELD data, dashcam footage, dispatch records “disappear” before discovery | We file spoliation preservation letters within 24 hours. Every black-box record, every ELD log, every maintenance file—locked down. |
| IME doctor selection | “Independent” medical examiners chosen for their pattern of finding plaintiffs not as injured as they claim | Lupe Peña hired these doctors when he worked for insurance defense firms. He knows the panel. We counter with treating physicians and independent experts. |
| Surveillance | Investigators photographing you doing anything that looks “normal” | Lupe’s insider quote: “Insurance companies take innocent activity out of context, freeze one frame and ignore ten minutes of struggling before and after.” We expose this in deposition. |
| Delay tactics | Drag the case past statute of limitations, exhaust your resources, force a low settlement | We file lawsuit early to force discovery. We set depositions. We make the carrier carry the cost of delay. |
| Drowning in paperwork | Massive discovery requests designed to overwhelm an underfunded plaintiff’s counsel | We staff the case appropriately and use motion practice to limit overbroad discovery while preserving every record we need. |
The Colossus Algorithm and How We Beat It
Most insurance companies use proprietary claim valuation software—commonly Colossus, Liability Decision Manager, or Claim IQ—to algorithmically value bodily injury claims. The software ingests medical codes, treatment duration, injury type, and geographic and demographic modifiers, and outputs a settlement range that the adjuster works inside.
- Geographic modifier: The software values claims partly by the historical jury verdict pattern in the venue. Conservative counties produce lower modifier values. Plaintiff-friendly counties produce higher modifier values. Collingsworth County, which sits in the 100th Judicial District, carries a modifier that reflects its jury pool’s historical posture.
- Why Lupe matters: Lupe Peña worked inside this system. He understands which medical codes the software weights most heavily, which treatment durations trigger value bumps, and which demographic markers reduce the modifier. He knows what evidence to develop to push the Colossus value up before negotiations begin.
What this means for your Collingsworth County case: the adjuster is not negotiating against your case—they are negotiating against the software’s number. We develop evidence specifically calibrated to push the value past the modifier ceiling.
Multi-Million Dollar Case Results: What Your Collingsworth County Case May Be Worth
Every case is unique. Past results do not guarantee future outcomes. But the multi-million dollar settlements and verdicts we have obtained for families in cases like yours set the benchmark for what a fatal 18-wheeler crash in Collingsworth County may be worth.
| Case Type | Result | Why It Matters for Your Case |
|---|---|---|
| Logging Brain Injury — $5+ Million | Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company | Demonstrates our ability to recover for catastrophic brain injuries, a common outcome in high-speed tractor-trailer crashes. |
| Car Accident Amputation — $3.8+ Million | In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions. | Shows our depth in handling medical complications and amputation cases, which frequently arise from crush injuries in truck crashes. |
| Trucking Wrongful Death — Millions | At Attorney 911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation. | Proves our experience in wrongful-death trucking litigation, the core of your Collingsworth County case. |
| Maritime Jones Act Back Injury — $2+ Million | In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement. | Illustrates our investigative depth and ability to uncover employer negligence, applicable to trucking cases where carriers ignore safety protocols. |
| BP Texas City Explosion Litigation | Our firm is one of the few firms in Texas to be involved in BP explosion litigation. | Shows our capability in handling complex industrial and corporate-defendant cases, relevant if your crash involved a hazmat carrier or refinery-related freight. |
What a Million-Dollar Case Looks Like
A “million-dollar case” is not about the medical bills alone. It is about the lifetime impact of the loss:
- Future medical care: If your loved one had survived with a traumatic brain injury or spinal cord injury, the lifetime cost of care could exceed $5 million.
- Future earning capacity: For a 30-year-old wage earner with a family, the lost wages and benefits over a 35-year career can reach $3–5 million.
- Physical pain and mental anguish: Texas juries routinely award $1–3 million for the conscious pain and suffering endured before death.
- Loss of companionship: Surviving spouses and children can recover $1–2 million for the emotional loss of their loved one’s presence.
- Exemplary damages: Where gross negligence is proven, exemplary damages can push the total recovery into the tens of millions.
For example, if your loved one was a 40-year-old parent of two children, supporting a family on a $75,000 salary in Quanah or Wellington, the pecuniary loss alone could exceed $2 million. Add future medical care if they survived with injuries, mental anguish for the family, and exemplary damages if the carrier’s conduct was grossly negligent, and the case value climbs quickly.
Why Choose Attorney 911 for Your Collingsworth County Case
Ralph Manginello: 27+ Years of Texas Trucking Litigation
Ralph Manginello has been representing injury victims in Texas courtrooms since 1998. He grew up in Houston’s Memorial area, went to UT Austin, and has spent his career fighting for families in communities like Collingsworth County. When your case is filed in the 100th Judicial District, Ralph’s 27+ years of experience and federal court admission mean he is standing in a courtroom he knows—not one he is visiting.
- Texas Bar Card #: 24007597
- Licensed since: November 6, 1998
- Federal admission: U.S. District Court, Southern District of Texas (including Bankruptcy Court)
- Foreign language: Spanish
- Born: 1971, New York; moved to Texas at age 5
- Raised: Houston Memorial area (Hunters Creek Elementary → Awty International School → Memorial High School)
- Prep school: Cheshire Academy, Connecticut—graduated with honors
- Athletic record: Starting Point Guard, 1989 New England Prep School Championship basketball team; JV MVP basketball; JV MVP lacrosse; Senior Art Award
- Hall of Fame: Cheshire Academy Hall of Fame inductee 2021
- Community: Big Brothers/Big Sisters of Houston volunteer; 290+ educational videos published
Lupe Peña: The Insurance Defense Advantage
Lupe Peña worked for years at a national defense firm, learning firsthand how large insurance companies value claims. He calculated them himself. Now he fights for you.
- Texas Bar Card #: 24084332
- Licensed since: December 6, 2012
- Federal admission: U.S. District Court, Southern District of Texas
- Law school: South Texas College of Law Houston—J.D. May 2012
- Undergraduate: Saint Mary’s University, San Antonio—B.B.A. International Business (2005)
- Foreign language: Spanish (fluent)
- Heritage: 3rd-generation Texan, family roots to the King Ranch (825,000 acres, established 1853)
- Born and raised: Sugar Land, Texas—lives there today with family
- Pre-law career: Finance
- Practice areas: Personal injury, wrongful death, dram shop claims, trucking accidents, car crashes, 18-wheeler accidents, commercial litigation, construction litigation, products liability
Lupe’s insider knowledge is your unfair advantage. “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney,” Lupe says. “Here’s the truth: insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the ten minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”
Our Firm’s Capabilities
- $50,000,000+ in aggregate recoveries across practice areas
- 4.9-star Google rating from 251+ reviews
- 24+ years in business, founded July 18, 2001
- Three office locations: Houston (1177 W Loop S Suite 1600 + 1635 Dunlavy), Austin (316 W 12th Suite 311), Beaumont (Golden Triangle)
- Contingency fee: 33.33% pre-trial, 40% if trial. No fee unless we recover compensation for you; you may still be responsible for court costs and case expenses.
- Hablamos Español: Lupe Peña fluent; bilingual staff member Zulema; no interpreters needed
- 1-888-ATTY-911: 24/7 live staff (not an answering service)
What Our Clients Say
We treat every client like family. Here’s what some of them have said about their experience with Attorney 911:
“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.”
— Brian Butchee
“When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.”
— Stephanie Hernandez
“Special thank you to my attorney, Mr. Pena, for your kindness and patience with my repeated questions.”
— Chelsea Martinez
“Consistent communication and not one time did i call and not get a clear answer…Ralph reached out personally.”
— Dame Haskett
“I never felt like ‘just another case’ they were working on.”
— Ambur Hamilton
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
— Chad Harris
“They went above and beyond! Special thank you to Ralph and Leanor.”
— Diane Smith
“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
“You know if TraeAbn tells you it’s the right way to go best attorney out here you can’t go wrong.”
— Erica Perales
The Two-Year Clock Under Section 16.003: Why You Must Act Now
Texas Civil Practice and Remedies Code Section 16.003 gives you exactly two years from the date of the fatal injury to file a wrongful-death action. That clock runs whether or not the carrier’s insurer is returning calls. Once it runs, the case dies procedurally, and the carrier walks away from a viable claim because the file was never opened.
- Wrongful-death action (Section 71.001): Two years from the date of death.
- Survival action (Section 71.021): Two years from the date of injury (which is usually the same as the date of death in fatal crashes).
- Government claims (Texas Tort Claims Act): Six months from the date of the incident to file pre-suit notice.
The carrier’s strategy is built on counting on grief to run the clock. We do not let that happen.
What Happens If You Wait Too Long
- The electronic logging device (ELD) data auto-deletes in 30–180 days.
- Dashcam footage cycles in 7–14 days.
- Surveillance footage from businesses near the scene auto-deletes in 7–14 days.
- Witness memories fade.
- The carrier’s insurer stops returning calls.
- The two-year window closes, and the case is barred forever.
We send the preservation letter within 24 hours of taking your case. We pull the FMCSA records before discovery formally opens. We lock down the evidence before it disappears.
What to Do Next: Call 1-888-ATTY-911
You are not alone. We live in Collingsworth County’s region. We drive these roads. When an unsafe truck threatens our community, it’s personal.
In the First 48 Hours
- Do not give a recorded statement to the carrier’s insurance adjuster.
- Do not sign anything—especially not a release or settlement offer.
- Call 1-888-ATTY-911 for a free consultation. We will tell you exactly what your case may be worth and what steps we will take to preserve the evidence.
What We Will Do for You
- Send the preservation letter to the carrier, broker, shipper, and telematics provider within 24 hours.
- Pull the FMCSA Pre-Employment Screening Program record on the driver.
- Pull the carrier’s Safety Measurement System profile by USDOT number.
- Open the FMCSA SAFER profile.
- Identify all potentially liable parties (driver, carrier, broker, shipper, manufacturer, maintenance contractor, government entity).
- File your wrongful-death and survival actions before the two-year deadline.
Free Consultation: No Obligation, No Pressure
We know you have questions. We will answer them—honestly and completely. In 15 minutes, we can tell you:
- What your case may be worth.
- What evidence we need to preserve.
- What the next steps are.
Call 1-888-ATTY-911 now. The clock is running.
This information is for educational purposes and does not constitute legal advice. Contact us for a free consultation about your specific situation.