Fatal 18-Wheeler and Tractor-Trailer Crashes in Floyd County, Texas: What Families Need to Know

You’re reading this because someone you love didn’t come home.

Maybe it was your father, driving home after a shift at the local plant. Maybe it was your spouse, commuting to work on Highway 70. Maybe it was your child, walking home from school when a fully loaded tractor-trailer failed to stop at a crosswalk. The details are still raw, but the reality is clear: an 80,000-pound commercial truck changed everything in an instant on a road Floyd County families drive every day.

Texas law gives you a two-year window from the date of the crash to file a wrongful death claim under Texas Civil Practice and Remedies Code § 71.001. That clock started the moment the collision happened—not when you buried your loved one, not when the police report was finalized, and not when the insurance adjuster finally returned your call. The carrier’s legal team has been working since the night of the crash. The longer you wait, the more evidence they control—and the more of it disappears.

At Attorney 911, we don’t just represent families after catastrophic truck crashes. We preserve the evidence before it’s gone, we pull the federal records the carrier hopes you’ll never see, and we build the case so the jury sees what really happened—not the story the insurance company wants to tell.

If your family is facing this, call us now: 1-888-ATTY-911 (1-888-288-9911). We answer 24/7, and we start working immediately.

The Reality of Big-Rig Crashes in Floyd County, Texas

Floyd County sits along Highway 70, a critical freight corridor connecting Amarillo to Lubbock and beyond. This stretch of road carries everything from agricultural equipment to oilfield supplies, and the commercial truck traffic is relentless. The Texas Department of Transportation’s Crash Records Information System (CRIS) reports that rural highways like Highway 70 have a fatality rate 2.66 times higher than urban roads—not because of bad luck, but because of fatigue, speed, and carrier negligence.

When a tractor-trailer crashes in Floyd County, the outcome is almost always catastrophic. Unlike a car accident, where airbags and crumple zones absorb some of the impact, a collision with an 18-wheeler is a high-energy event—one that often results in:

• Traumatic brain injuries (TBI), including diffuse axonal injury (DAI), which may not appear on initial CT scans but can lead to permanent cognitive impairment.
• Spinal cord injuries, including complete or incomplete paralysis, requiring lifelong medical care.
• Amputations, either at the scene or as a result of medical complications from crush injuries.
• Burn injuries, especially in tanker crashes or collisions involving flammable cargo.
• Wrongful death, leaving families with funeral expenses, lost income, and the emotional devastation of an empty chair at the dinner table.

The National Highway Traffic Safety Administration (NHTSA) reports that 97% of fatalities in two-vehicle crashes involving a large truck are the occupants of the passenger vehicle—not the truck driver. In Floyd County, where emergency response times can be delayed due to rural distances, the odds of survival drop even further.

Texas Wrongful Death and Survival Claims: What the Law Provides

Texas law recognizes two distinct claims when a loved one is killed in a truck crash:

1. Wrongful Death Claim (Texas Civil Practice & Remedies Code § 71.001 et seq.)

   • Who can file? The surviving spouse, children, and parents of the deceased.
   • What damages are recoverable?
     • Pecuniary losses (financial support the deceased would have provided).
     • Loss of companionship and society (the emotional bond between family members).
     • Mental anguish (the emotional suffering of survivors).
     • Loss of inheritance (what the deceased would have saved and passed on).
   • Statute of limitations: 2 years from the date of death (not the date of injury).

2. Survival Claim (Texas Civil Practice & Remedies Code § 71.021)

   • Who files? The estate of the deceased.
   • What damages are recoverable?
     • Pain and suffering the deceased endured before death (conscious pain, medical expenses, lost wages).
     • Funeral and burial expenses.
   • Statute of limitations: 2 years from the date of injury (the same as the wrongful death claim).

Who Gets What? The Distribution of Damages Under Texas Law

Under § 71.004, wrongful death claims are independent—meaning each eligible survivor (spouse, children, parents) has their own claim. This is critical because it prevents the carrier from pressuring the family into a single lowball settlement.

For example:

• If a father of three is killed in a Floyd County truck crash, each child and the surviving spouse has a separate claim.
• If the crash also left the father in a coma for days before he died, the estate has a survival claim for his pain and suffering.
• If the carrier’s negligence was gross (e.g., falsified logs, ignoring prior violations), exemplary (punitive) damages may also apply under Chapter 41.

The carrier’s insurance company will try to settle quickly—before you realize the full value of these claims. We don’t let that happen.

The Federal Regulations That Trucking Companies Ignore

Every commercial truck on Texas roads is governed by the Federal Motor Carrier Safety Regulations (FMCSR, 49 C.F.R. Parts 390–399). These rules exist to prevent crashes like the one that took your loved one. Yet time and time again, carriers cut corners—and families pay the price.

1. Hours-of-Service Violations (49 C.F.R. Part 395)

Truck drivers are legally limited to:

• 11 hours of driving after 10 consecutive hours off duty.
• 14-hour on-duty window (including non-driving tasks like loading/unloading).
• 60-hour workweek limit (70 hours in 8 days).

The reality? Many drivers falsify their logs to meet unrealistic delivery quotas. The electronic logging device (ELD) mandate was supposed to fix this, but carriers still find ways to manipulate the system.

How we catch them:

• Cross-referencing ELD data with fuel receipts, toll records, and dispatch logs.
• Subpoenaing Qualcomm or PeopleNet telematics to show when the truck was moving vs. when the driver claimed to be off-duty.
• Pulling the carrier’s Safety Measurement System (SMS) profile to see if they have a history of Hours-of-Service Compliance BASIC violations.

Lupe Peña, our associate attorney, spent years working for insurance defense firms. He knows how carriers doctor logs and pressure drivers to violate HOS rules. Now, he uses that insider knowledge to expose their lies.

2. Driver Qualification Violations (49 C.F.R. Part 391)

Before a trucking company can put a driver behind the wheel, they must:

• Verify the driver’s commercial driver’s license (CDL).
• Check the driver’s medical certification (DOT physical).
• Review the driver’s employment history (including prior crashes and violations).
• Run a background check (including drug/alcohol violations).

The reality? Many carriers skip these steps to fill routes quickly. If the driver who killed your loved one had a history of DUI, speeding tickets, or preventable crashes, the carrier is directly liable for negligent hiring.

How we prove it:

• Subpoenaing the driver’s qualification file (required under § 391.51).
• Pulling the FMCSA’s Pre-Employment Screening Program (PSP) report, which shows the driver’s crash and inspection history.
• Deposing the carrier’s safety director to ask why they ignored red flags.

3. Vehicle Maintenance Failures (49 C.F.R. Part 396)

Trucking companies must inspect, repair, and maintain their vehicles to prevent mechanical failures. This includes:

• Brakes (must be adjusted and functional).
• Tires (minimum tread depth of 4/32″).
• Lights and reflectors (must be visible at all times).
• Cargo securement (must prevent shifting or spilling).

The reality? Many carriers skip pre-trip inspections or delay repairs to save money. If the truck that crashed had bald tires, faulty brakes, or unsecured cargo, the carrier is liable for negligent maintenance.

How we prove it:

• Subpoenaing the carrier’s maintenance records (required under § 396.3).
• Hiring an accident reconstructionist to examine the truck’s black box (ECM) data.
• Reviewing the carrier’s CSA Vehicle Maintenance BASIC score—if they’re in the red, they have a history of violations.

4. Drug and Alcohol Testing Violations (49 C.F.R. Part 382)

Commercial drivers must undergo:

• Pre-employment drug testing.
• Random drug/alcohol testing.
• Post-accident testing (within 8 hours for alcohol, 32 hours for drugs).

The reality? Some carriers ignore positive tests or fail to test at all. If the driver who killed your loved one was under the influence, the carrier is liable for gross negligence—which opens the door to exemplary (punitive) damages under Texas Civil Practice & Remedies Code Chapter 41.

How we prove it:

• Subpoenaing the FMCSA’s Drug and Alcohol Clearinghouse to see if the driver had prior violations.
• Demanding the post-accident test results (required under § 382.303).
• Deposing the carrier’s safety director about their testing policies.

The Carrier’s Defense Playbook—and How We Counter It

Insurance companies follow a script in every truck crash case. They know the arguments that work in court, and they train adjusters to use them before you even hire a lawyer.

Here’s what they’ll say—and how we shut it down.

Lupe Peña’s Insider Perspective

“I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. 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.”

Who We Sue: The Full Universe of Defendants

Most personal injury firms stop at the driver. We don’t.

In a Floyd County truck crash case, multiple parties may share liability:

1. The Truck Driver

   • Negligent driving (speeding, distraction, fatigue, DUI).
   • Failure to follow FMCSR rules.

2. The Motor Carrier (Trucking Company)

   • Negligent hiring (hiring a driver with a history of violations).
   • Negligent training (failing to properly train the driver).
   • Negligent supervision (ignoring hours-of-service violations).
   • Negligent maintenance (failing to repair faulty brakes, tires, or lights).

3. The Freight Broker

   • Negligent selection (hiring an unsafe carrier).
   • Under Miller v. C.H. Robinson, brokers can be liable if they dispatch loads to carriers with poor safety records.

4. The Shipper

   • Unsafe loading (overloading the truck, improper cargo securement).
   • Unrealistic scheduling (forcing drivers to meet impossible deadlines).

5. The Maintenance Contractor

   • Negligent repairs (failing to properly fix brakes, tires, or other critical systems).

6. The Parts Manufacturer

   • Defective products (faulty brakes, tires, or safety equipment).

7. The Government Entity (If Applicable)

   • TxDOT or Floyd County (if poor road design, missing signs, or inadequate barriers contributed to the crash).
   • Texas Tort Claims Act (Chapter 101) applies—6-month notice requirement, damages caps.

8. The Parent Corporation

   • Alter-ego liability (if the parent company controls the carrier’s operations).

House Bill 19 (HB 19) and Chapter 72 Bifurcation: What It Means for Your Case
In 2021, Texas passed HB 19, which mandates bifurcation in trucking cases. This means:

• Phase 1: The jury decides driver negligence and compensatory damages.
• Phase 2: Only if the plaintiff wins Phase 1 does the jury hear carrier negligence and exemplary damages.

The defense strategy? Keep the carrier’s hiring records, training files, and prior violations out of Phase 1.

Our strategy? Build a Phase 1 record so strong that Phase 2 becomes inevitable.

What Your Case Is Worth: Texas Damages in Wrongful Death Cases

Texas law allows families to recover multiple categories of damages in a wrongful death truck crash case. These are submitted to the jury under the Texas Pattern Jury Charges (PJC).

Multi-Million Dollar Case Results (Every Case Is Unique)

We’ve recovered millions for Texas families in cases like yours:

• “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
• “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.”
• “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.”
• “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.”

Every case is unique. Past results do not guarantee future outcomes.

The Evidence Is Disappearing: What You Need to Do Now

Evidence in truck crash cases has a half-life measured in days. The carrier controls most of it—and they delete it on a schedule.

The 48-Hour Rule
Within 48 hours of taking your case, we:
✅ Send preservation letters to the carrier, broker, and any third-party telematics provider.
✅ Pull the FMCSA Pre-Employment Screening Program (PSP) report on the driver.
✅ Pull the carrier’s Safety Measurement System (SMS) profile to see their violation history.
✅ Identify all potentially liable parties (driver, carrier, broker, shipper, manufacturer, government).
✅ Deploy an accident reconstructionist to the scene if needed.

The longer you wait, the harder it is to prove what happened.

Why Floyd County Families Choose Attorney 911

1. We Know the Roads of Floyd County

Highway 70 isn’t just a road—it’s a lifeline for Floyd County. We know the dangerous intersections, the high-speed stretches, and the carriers that run it every day. Whether it’s an oilfield service truck, a grain hauler, or an Amazon delivery van, we know how these crashes happen—and how to prove it.

2. We Have a Former Insurance Defense Attorney on Our Team

Lupe Peña spent years working for national insurance defense firms, where he learned how carriers value claims, select IME doctors, and pressure families into lowball settlements. Now, he uses that insider knowledge to fight for you.

3. We Don’t Stop at the Driver—We Sue the Trucking Companies

Most personal injury firms only sue the driver. We sue:
✔ The trucking company (for negligent hiring, training, supervision, maintenance).
✔ The freight broker (for negligent selection of an unsafe carrier).
✔ The shipper (if they directed unsafe loading or scheduling).
✔ The parent corporation (if they controlled the carrier’s operations).
✔ The government (if poor road design contributed to the crash).

4. We’ve Been Involved in Major Texas Trucking Litigation

• BP Texas City Refinery explosion litigation (one of the few firms in Texas involved).
• $10M University of Houston Pi Kappa Phi hazing lawsuit (active litigation, 2025).
• Multi-million dollar recoveries in trucking, maritime, and catastrophic injury cases.

5. We Answer 24/7—No Answering Service

When you call 1-888-ATTY-911, you talk to a real person—not an answering service. We’re available day and night, because truck crashes don’t happen on a 9-to-5 schedule.

6. Hablamos Español

Floyd County has a growing Hispanic community, and we ensure no family is left behind due to language barriers. Lupe Peña is fluent in Spanish, and our staff includes bilingual team members.

“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

“Leonor is the best!!! She was able to assist me with my case within 6 months.”
— Tymesha Galloway

“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

What to Do Next: Your 3-Step Action Plan

1. Call 1-888-ATTY-911 Now

   • We answer 24/7.
   • You’ll speak with a real person—not an answering service.
   • We’ll start working on your case immediately.

2. Preserve the Evidence

   • Do not give a recorded statement to the insurance company.
   • Do not sign anything without talking to us first.
   • Take photos of the crash scene, your injuries, and the vehicles involved.

3. Let Us Handle the Legal Fight

   • We’ll send preservation letters to lock down evidence.
   • We’ll pull the FMCSA records the carrier doesn’t want you to see.
   • We’ll build the case so the jury sees the truth—not the carrier’s story.

Frequently Asked Questions

1. How much does a truck accident lawyer cost?

We work on a contingency fee basis—meaning you pay nothing upfront. Our fee is 33.33% of the recovery pre-trial and 40% if the case goes to trial. You may still be responsible for court costs and case expenses.

2. What if the truck driver was also killed?

Even if the truck driver died, the trucking company, broker, and shipper may still be liable. We investigate driver qualifications, maintenance records, and dispatch logs to determine if the carrier was negligent.

3. Can I still file a claim if the crash happened months ago?

Texas law gives you two years from the date of the crash to file a wrongful death claim. However, evidence disappears quickly, so the sooner you act, the stronger your case will be.

4. What if the trucking company is based out of state?

We handle interstate trucking cases across the U.S. If the carrier is based in another state but operates in Texas, we can still sue them in Floyd County District Court.

5. Will my case go to trial?

98% of personal injury cases settle before trial. However, we prepare every case as if it’s going to trial—because that’s what forces the insurance company to make a fair offer.

6. What if I don’t speak English?

Hablamos Español. Lupe Peña and our staff are fluent in Spanish, and we ensure no family is left behind due to language barriers.

Don’t Let the Carrier Control Your Family’s Future

The trucking company that killed your loved one has lawyers, adjusters, and a playbook designed to pay you as little as possible. They’re counting on you to wait, hesitate, or settle too soon.

We don’t let that happen.

At Attorney 911, we preserve the evidence, expose the carrier’s negligence, and fight for the full value of your claim. We’ve recovered millions for Texas families, and we’re ready to do the same for you.

Call us now: 1-888-ATTY-911 (1-888-288-9911).
We answer 24/7. No answering service. No delays.

“We have recovered millions of dollars for our clients, and we are committed to fighting for the compensation you deserve. Every case is unique, and past results do not guarantee future outcomes—but we will do everything in our power to hold the negligent parties accountable.”

Your family deserves justice. Let’s get started.