18-Wheeler Accident Attorneys in Gaines County, Texas

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

The impact was catastrophic. One moment, you’re driving down US Highway 62 or FM 829 in Gaines County, Texas, focused on your day. The next, an 80,000-pound 18-wheeler is jackknifing across the highway, rolling over in front of you, or slamming into your vehicle. The difference between a car and a commercial truck isn’t just size—it’s physics. A fully loaded truck carries 20-25 times the weight of your sedan, and the stopping distance at highway speeds can be nearly two football fields. When these massive vehicles crash, the results are often life-altering.

If you or a loved one has been seriously injured in an 18-wheeler accident in Gaines County, you need more than just a lawyer—you need a legal emergency response team. At Attorney911, we’ve been fighting for truck accident victims across West 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 catastrophic truck crashes. We know Gaines County’s highways, the trucking corridors that serve the Permian Basin, and how to hold negligent trucking companies accountable when they put profits over safety.

Why Gaines County Trucking Accidents Are Different

Gaines County sits at the crossroads of major trucking routes serving the Permian Basin oil fields, agricultural operations, and distribution networks. The trucks you see on US Highway 62, FM 829, and the surrounding rural roads aren’t just passing through—they’re working. Oil field equipment, agricultural products, and heavy machinery create unique hazards on our county’s roads.

The trucking corridors serving Gaines County present specific challenges:

US Highway 62 runs east-west through Seminole, carrying heavy truck traffic between the Permian Basin and points east
FM 829 and other rural routes serve agricultural operations and oil field service companies
Long-haul truckers traveling between Midland-Odessa and Lubbock often pass through Gaines County
Oil field trucking creates specialized hazards with oversized loads and hazardous materials
Agricultural trucking peaks during harvest seasons with increased grain and cotton transport
Extreme West Texas weather—dust storms, high winds, and occasional ice—creates additional hazards

These factors combine to make Gaines County’s roads particularly dangerous for passenger vehicles sharing the road with commercial trucks.

The Devastating Reality of 18-Wheeler Accidents

Every 16 minutes, someone in America is injured in a commercial truck crash. In Texas, which leads the nation in trucking-related fatalities, the statistics are even more sobering. The Texas Department of Transportation reports thousands of commercial vehicle crashes annually, with hundreds resulting in serious injuries or death.

What makes these accidents so catastrophic? The physics are simple but brutal:

80,000 pounds vs. 4,000 pounds – The average 18-wheeler weighs 20-25 times more than your car
525 feet to stop – At 65 mph, a fully loaded truck needs nearly two football fields to come to a complete stop
20-40% longer stopping distance – Trucks require significantly more distance to stop than passenger vehicles
High center of gravity – Trailers can easily roll over on curves or during sudden maneuvers
Massive blind spots – Trucks have “No-Zones” where smaller vehicles disappear from view

When these forces collide with a passenger vehicle, the results are often catastrophic.

Common Catastrophic Injuries in Gaines County Trucking Accidents

The injuries we see in Gaines County 18-wheeler accidents aren’t just serious—they’re life-changing:

Traumatic Brain Injury (TBI): The extreme forces in truck crashes can cause the brain to impact the inside of the skull, resulting in cognitive impairments, memory loss, and personality changes that may be permanent.
Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis. Quadriplegia (loss of function in all four limbs) and paraplegia (loss of function in the lower body) are tragically common.
Amputations: Crushing injuries from truck impacts often require surgical amputation of limbs. The psychological trauma of losing a limb can be as devastating as the physical loss.
Severe Burns: Fuel tank ruptures and cargo fires can cause third-degree burns requiring extensive skin grafts and reconstructive surgery. Burn injuries often leave permanent scarring and disfigurement.
Internal Organ Damage: The blunt force trauma from truck impacts can rupture organs, cause internal bleeding, and result in life-threatening complications that may not be immediately apparent.
Multiple Fractures: The force of a truck collision can break multiple bones, requiring extensive surgical intervention and months or years of rehabilitation.
Wrongful Death: When trucking accidents prove fatal, surviving family members are left to cope with the emotional and financial devastation. Wrongful death claims seek compensation for lost income, companionship, and the pain and suffering endured by the victim before death.

These aren’t just injuries—they’re life sentences. The medical bills can reach millions of dollars. The lost wages can devastate families. The pain and suffering can last a lifetime. And the trucking companies responsible? They have teams of lawyers working right now to minimize their liability.

The Trucking Company Playbook: What They Don’t Want You to Know

Before the ambulance even arrives at the scene of your Gaines County truck accident, the trucking company’s rapid-response team is already springing into action. Their goal isn’t to help you—it’s to protect their interests.

Here’s what happens in the critical hours after a trucking accident:

The Driver Calls Dispatch: The truck driver immediately contacts the trucking company to report the accident. This call is recorded and often becomes a key piece of evidence.
The Rapid-Response Team Deploys: Within hours, the trucking company sends investigators to the scene. They’ll photograph the vehicles, interview witnesses, and document the scene—all to build their defense.
The Black Box Data is Targeted: The truck’s Electronic Control Module (ECM) and Electronic Logging Device (ELD) contain critical data about speed, braking, and hours of service. This data can be overwritten or deleted if not preserved immediately.
The Driver is Coached: Trucking companies often coach drivers on what to say (and what not to say) to law enforcement and insurance adjusters.
The Insurance Adjuster Calls: Within days, you’ll receive a call from the trucking company’s insurance adjuster offering a quick settlement. Their goal is to get you to accept far less than your case is worth before you understand the full extent of your injuries.

The trucking company’s playbook is designed to minimize their liability and protect their profits. They know that if they can get to you before you hire an attorney, they can control the narrative and limit your recovery.

The Insurance Company’s Tactics

Trucking insurance companies are trained to minimize payouts. Here are the tactics they use—and how we counter them:

Their Tactic	What They’ll Say	How We Fight Back
Quick Lowball Offers	“We want to settle this quickly and fairly”	We never accept first offers. We calculate the full value of your damages before negotiating.
Recorded Statements	“We just need your side of the story”	We advise clients NEVER to give recorded statements without their attorney present.
Minimizing Injuries	“Your injuries don’t seem that serious”	We obtain comprehensive medical documentation proving the full extent of your injuries.
Blaming the Victim	“Our driver says you caused the accident”	We gather objective evidence (ECM data, witness statements, accident reconstruction) to prove liability.
Delaying the Process	“We’re still investigating”	We file lawsuits to force discovery and set depositions, keeping pressure on the insurance company.
Pre-Existing Conditions	“This is just your old injury acting up”	We apply the “Eggshell Skull” doctrine—taking the victim as we find them. Even if you had a pre-existing condition, the trucking company is liable for aggravation.
Surveillance	“We’re just trying to understand your injuries”	We advise clients on appropriate conduct and expose any unfair surveillance tactics.
Independent Medical Exams	“We just need a second opinion”	We counter with our own medical experts and challenge biased IME reports.

Our firm includes Lupe Peña, a former insurance defense attorney who knows these tactics from the inside. He spent years working for a national defense firm, watching how insurance companies evaluate, minimize, and deny claims. Now he uses that insider knowledge to fight for you.

The Critical Evidence in Your Gaines County Trucking Case

In trucking accident cases, evidence disappears fast. Black box data can be overwritten in 30 days. Dashcam footage gets deleted within weeks. Witnesses forget what they saw. The trucking company may repair or even scrap the vehicle involved in your crash.

That’s why we act immediately to preserve evidence. Within 24-48 hours of being retained, we send formal spoliation letters to the trucking company, their insurer, and all potentially liable parties demanding preservation of:

Electronic Data (The “Black Box” Evidence)

Engine Control Module (ECM) Data: Records speed, throttle position, RPM, cruise control engagement, and fault codes
Event Data Recorder (EDR): Captures pre-crash data triggered by sudden deceleration or airbag deployment
Electronic Logging Device (ELD): Federally mandated device recording driver hours of service, GPS location, and driving time
GPS/Telematics Data: Real-time tracking of the truck’s location, speed, and route
Cell Phone Records: Proves distracted driving if the driver was texting or talking
Dashcam Footage: Video evidence of the accident and driver behavior

Driver and Company Records

Driver Qualification File: Employment application, background check, medical certification, training records
Hours of Service Records: ELD logs and supporting documents proving compliance with federal rest requirements
Dispatch Records: Communications between the driver and company about routes, deadlines, and instructions
Drug and Alcohol Test Results: Pre-employment and random testing results
Previous Accident History: Records of prior crashes and violations
Training Records: Documentation of safety training and ongoing education

Vehicle Maintenance Records

Maintenance and Repair Records: Documentation of all service performed on the truck
Inspection Reports: Pre-trip, post-trip, and annual inspection records
Out-of-Service Orders: Records of previous violations and repairs
Tire Records: Purchase, rotation, and replacement history
Brake Inspection Records: Documentation of brake adjustments and repairs
Parts Purchase Records: Documentation of replacement parts used

Accident Scene Evidence

Police Crash Report: Official documentation of the accident scene
Photographs and Video: Scene photos, vehicle damage, road conditions, skid marks
Witness Statements: Contact information and accounts from independent witnesses
911 Call Recordings: Emergency calls from the scene
Weather Data: Meteorological records from the time of the accident
Road Condition Reports: Documentation of any road defects or hazards

Why This Evidence Matters

This evidence tells the real story of what happened in your Gaines County trucking accident. The ECM data might show the driver was speeding. The ELD records might prove the driver violated hours of service regulations. The maintenance records might reveal the truck had known brake problems. The dispatch records might show the company pressured the driver to meet an unrealistic deadline.

Without this evidence, it’s your word against the trucking company’s. With it, we can build an ironclad case proving their negligence.

The FMCSA Regulations That Trucking Companies Violate

The Federal Motor Carrier Safety Administration (FMCSA) regulates every aspect of commercial trucking operations. These regulations exist to protect public safety. When trucking companies violate these rules, they create dangerous conditions that lead to catastrophic accidents.

Hours of Service Violations (49 CFR Part 395)

Fatigue is a leading cause of trucking accidents. FMCSA regulations limit how long drivers can operate:

11-Hour Driving Limit: Drivers cannot drive more than 11 hours after 10 consecutive hours off duty
14-Hour On-Duty Window: Drivers cannot drive beyond the 14th consecutive hour after coming on duty
30-Minute Break Rule: Drivers must take a 30-minute break after 8 cumulative hours of driving
60/70-Hour Weekly Limit: Drivers cannot drive after 60 hours in 7 days or 70 hours in 8 days
34-Hour Restart: Drivers can reset their weekly clock with 34 consecutive hours off duty

Why This Matters: Studies show that driving beyond these limits dramatically increases crash risk. A driver who has been on the road for 11 hours is three times more likely to be involved in a crash than a well-rested driver.

Driver Qualification Violations (49 CFR Part 391)

Trucking companies must ensure their drivers are qualified:

Minimum Age: 21 years old for interstate driving
Commercial Driver’s License (CDL): Must hold appropriate class of CDL
Medical Certification: Must pass DOT physical exam
Driving Record Check: Must review driver’s Motor Vehicle Record (MVR)
Background Check: Must investigate driver’s employment history
Training: Must provide proper safety training

Why This Matters: Trucking companies that hire unqualified drivers or fail to properly vet their employees can be held liable for negligent hiring.

Vehicle Maintenance Violations (49 CFR Part 396)

Trucks must be maintained in safe operating condition:

Systematic Inspection: Regular inspections of all vehicle systems
Pre-Trip Inspections: Drivers must inspect vehicles before each trip
Post-Trip Reports: Drivers must report any defects found during the trip
Annual Inspections: Comprehensive annual inspection of all vehicles
Brake Requirements: Proper adjustment and functioning of all brake systems
Tire Requirements: Adequate tread depth and proper inflation

Why This Matters: Brake failures cause 29% of truck accidents. Tire blowouts cause thousands of crashes annually. Proper maintenance prevents these failures.

Cargo Securement Violations (49 CFR Part 393)

Improperly secured cargo causes rollovers and spills:

Working Load Limits: Tiedowns must have sufficient strength
Number of Tiedowns: Minimum number required based on cargo weight and length
Load Distribution: Cargo must be evenly distributed
Blocking and Bracing: Must prevent cargo from shifting
Special Requirements: Specific rules for different cargo types (logs, metal coils, machinery, etc.)

Why This Matters: Shifted cargo can cause rollovers. Falling cargo can strike other vehicles. Hazmat spills create additional hazards.

Drug and Alcohol Violations (49 CFR Part 382)

Drivers cannot operate under the influence:

Pre-Employment Testing: Must test all new hires
Random Testing: Must conduct random tests throughout employment
Post-Accident Testing: Must test after certain accidents
Reasonable Suspicion Testing: Must test if there’s reason to suspect impairment
Return-to-Duty Testing: Must test before returning after violation

Why This Matters: Drivers under the influence of drugs or alcohol have significantly impaired reaction times and judgment.

The Multiple Parties Liable in Your Gaines County Trucking Accident

Trucking accidents rarely involve just one responsible party. Multiple companies and individuals may share liability for your injuries:

The Truck Driver

The driver who caused the accident may be personally liable for:

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

The Trucking Company/Motor Carrier

The trucking company can be held vicariously liable for the driver’s actions under the doctrine of respondeat superior. They can also be directly liable for:

Negligent Hiring: Hiring unqualified or dangerous drivers
Negligent Training: Failing to properly train drivers on safety procedures
Negligent Supervision: Failing to monitor driver performance
Negligent Maintenance: Failing to properly maintain vehicles
Negligent Scheduling: Pressuring drivers to violate hours of service regulations
Negligent Dispatch: Creating unrealistic delivery schedules

The Cargo Owner/Shipper

The company that owns the cargo may be liable for:

Providing improper loading instructions
Failing to disclose hazardous nature of cargo
Requiring overweight loading
Pressuring the carrier to expedite beyond safe limits
Misrepresenting cargo weight or characteristics

The Cargo Loading Company

Third-party loading companies may be liable for:

Improper cargo securement
Unbalanced load distribution
Exceeding vehicle weight ratings
Failure to use proper blocking, bracing, or tiedowns
Not training loaders on securement requirements

The Truck/Trailer Manufacturer

Manufacturers may be liable for product defects:

Design defects in brake systems, stability control, or fuel tank placement
Manufacturing defects causing component failures
Failure to warn of known dangers
Defective safety systems (ABS, ESC, collision warning)

The Parts Manufacturer

Companies that manufacture specific parts may be liable for:

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

The Maintenance Company

Third-party maintenance companies may be liable for:

Negligent repairs that failed to fix problems
Failure to identify critical safety issues
Improper brake adjustments
Using substandard or wrong parts
Returning vehicles to service with known defects

The Freight Broker

Freight brokers who arrange transportation may be liable for:

Negligent selection of carriers with poor safety records
Failure to verify carrier insurance and authority
Failure to check carrier CSA scores
Selecting the cheapest carrier despite safety concerns

The Truck Owner (If Different from Carrier)

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

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

Government Entities

In limited circumstances, government entities may be liable for:

Dangerous road design that contributed to the accident
Failure to maintain roads (potholes, debris, worn markings)
Inadequate signage for known hazards
Failure to install safety barriers
Improper work zone setup

The Attorney911 Advantage: Why Gaines County Families Choose Us

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 take on the trucking industry. Here’s what sets Attorney911 apart:

25+ Years of Trucking Litigation Experience

Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. He has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by trucking accidents. Unlike firms that handle all types of cases, we specialize in trucking litigation—giving us unparalleled expertise in this complex area of law.

Insider Knowledge of Insurance Company Tactics

Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how trucking insurers operate. He spent years working for a national defense firm, watching how adjusters are trained to minimize claims. Now he uses that insider knowledge to fight for you. We know every tactic they’ll use—and how to counter it.

Immediate Evidence Preservation

We don’t wait to start building your case. Within 24-48 hours of being retained, we send formal spoliation letters to preserve critical evidence before it’s destroyed. We deploy accident reconstruction experts to the scene if necessary, obtain police reports, and begin gathering all available evidence to build your case.

Federal Court Capability

Many trucking cases involve interstate commerce and can be filed in federal court. Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas, giving us the ability to handle complex federal cases that other firms may not be equipped to pursue.

Multi-Million Dollar Results

We’ve recovered millions for trucking accident victims across Texas. While every case is unique, our track record demonstrates our ability to secure substantial compensation for our clients. We’ve handled cases against major corporations like Walmart, Coca-Cola, Amazon, FedEx, and UPS.

Bilingual Services for Gaines County’s Community

Gaines County has a diverse community, and we’re committed to serving all residents. Our associate attorney Lupe Peña is fluent in Spanish, providing direct representation without interpreters. We also have bilingual staff members like Zulema who can assist Spanish-speaking clients.

Three Texas Offices Serving Gaines County

With offices in Houston, Austin, and Beaumont, we’re never far from Gaines County. Our team regularly handles cases throughout West Texas and can travel to Seminole and surrounding areas to meet with clients.

No Fee Unless We Win

We work on a contingency fee basis—you pay nothing unless we recover compensation for you. We advance all costs of investigation and litigation. This means you can have top-tier legal representation without any upfront financial burden.

What to Do After an 18-Wheeler Accident in Gaines County

If you’ve been involved in a trucking accident in Gaines County, what you do in the next 48 hours can determine the outcome of your case. Follow these steps:

At the Scene

Call 911 Immediately: Report the accident and request medical assistance. Even if you feel fine, adrenaline can mask serious injuries.
Seek Medical Attention: Allow paramedics to evaluate you at the scene. If they recommend transport to a hospital, go—even if you feel okay.
Document the Scene: If you’re able, take photographs of:
- All vehicles involved (from multiple angles)
- Vehicle damage (both your car and the truck)
- The truck’s license plate, DOT number, and company name
- Road conditions, skid marks, and debris
- Traffic signs and signals
- Your injuries
Get Witness Information: Collect names and contact information from anyone who witnessed the accident.
Exchange Information: Get the truck driver’s name, CDL number, contact information, and insurance details.
Avoid Admissions: Do not apologize or admit fault. Even saying “I’m sorry” can be used against you later.
Do Not Give Recorded Statements: The trucking company’s insurance adjuster may call you. Do not give any recorded statements without consulting an attorney.

In the Hospital

Follow All Medical Advice: Attend all follow-up appointments and follow your doctor’s treatment plan.
Document Your Injuries: Take photographs of your injuries as they heal.
Keep All Medical Records: Save all bills, receipts, and documentation related to your treatment.
Track Your Symptoms: Keep a journal documenting your pain levels, limitations, and how the injuries affect your daily life.

After Leaving the Hospital

Contact an 18-Wheeler Accident Attorney Immediately: The sooner you contact us, the sooner we can begin preserving evidence and building your case.
Do Not Sign Anything: The trucking company’s insurance adjuster may offer you a quick settlement. Do not sign anything without consulting an attorney.
Follow Up with Medical Care: Continue all recommended treatment and attend all follow-up appointments.
Document Everything: Keep records of all medical expenses, lost wages, and other accident-related costs.
Stay Off Social Media: Do not post about your accident or injuries on social media. Insurance companies will use your posts against you.

The Legal Process: What to Expect in Your Gaines County Trucking Case

When you choose Attorney911 to represent you after your Gaines County trucking accident, here’s what you can expect:

Free Initial Consultation

We’ll meet with you—either in person, by phone, or via video conference—to discuss the details of your accident. We’ll evaluate your case, explain your legal options, and answer all your questions. There’s no cost and no obligation.

Case Acceptance and Investigation

If we believe we can help you, we’ll accept your case and immediately begin our investigation. This includes:

Sending spoliation letters to preserve evidence
Obtaining the police crash report
Collecting witness statements
Preserving ECM, ELD, and other electronic data
Obtaining the trucking company’s records
Consulting with accident reconstruction experts
Documenting your injuries and medical treatment

Medical Treatment and Case Development

We’ll help you get the medical treatment you need, even if you don’t have health insurance. We work with medical providers who will treat you on a lien basis, meaning they’ll get paid from your settlement. As you continue treatment, we’ll:

Monitor your progress
Document your injuries and limitations
Calculate your medical expenses
Consult with medical experts about your prognosis

Demand and Negotiation

Once you’ve reached maximum medical improvement (MMI), we’ll prepare a comprehensive demand package outlining:

The facts of the accident
The trucking company’s negligence
Your injuries and medical treatment
Your economic damages (medical expenses, lost wages)
Your non-economic damages (pain and suffering)
Our demand for compensation

We’ll send this demand to the trucking company’s insurance carrier and begin negotiations. Our goal is to secure a fair settlement without the need for litigation.

Litigation (If Necessary)

If the insurance company refuses to offer a fair settlement, we’re prepared to file a lawsuit and take your case to trial. This process includes:

Filing the Complaint: We’ll file a formal complaint in the appropriate court, outlining the facts of your case and the compensation you’re seeking.
Discovery: Both sides exchange information through written questions (interrogatories), document requests, and depositions.
Motions: We may file motions to exclude certain evidence or dismiss certain claims.
Mediation: Before trial, we’ll typically participate in mediation—a formal settlement conference with a neutral mediator.
Trial: If we can’t reach a settlement, we’ll present your case to a jury, who will determine liability and damages.

Settlement or Verdict

Most cases settle before trial. If we reach a settlement, you’ll receive your compensation (minus our contingency fee and any case expenses). If we go to trial and win, the jury will award damages, and the court will enter a judgment in your favor.

The Damages You Can Recover in Your Gaines County Trucking Case

Texas law allows trucking accident victims to recover both economic and non-economic damages. In cases of gross negligence, punitive damages may also be available.

Economic Damages

Economic damages are the calculable financial losses you’ve suffered:

Medical Expenses: All past, present, and future medical costs related to your injuries, including:
- Emergency room treatment
- Hospitalization
- Surgery
- Doctor visits
- Physical therapy
- Prescription medications
- Medical equipment
- Home modifications
- Future medical care
Lost Wages: Income you’ve lost due to your injuries, including:
- Time missed from work for medical appointments and recovery
- Lost bonuses, commissions, and other income
- Reduced earning capacity if your injuries prevent you from returning to your previous job
Property Damage: The cost to repair or replace your vehicle and any other property damaged in the accident.
Out-of-Pocket Expenses: Other accident-related expenses, such as:
- Transportation to medical appointments
- Home care services
- Childcare expenses
- Household help

Non-Economic Damages

Non-economic damages compensate you for the intangible losses you’ve suffered:

Pain and Suffering: The physical pain and discomfort caused by your injuries.
Mental Anguish: The emotional distress, anxiety, and depression resulting from the accident and your injuries.
Loss of Enjoyment of Life: The inability to participate in activities you enjoyed before the accident.
Disfigurement: Permanent scarring or other visible injuries.
Physical Impairment: The loss of physical abilities or limitations on your activities.
Loss of Consortium: The impact of your injuries on your relationship with your spouse.

Punitive Damages

In cases of gross negligence or willful misconduct, Texas law allows for punitive damages. These are designed to punish the wrongdoer and deter similar conduct in the future. Examples of conduct that might warrant punitive damages include:

Knowingly hiring unqualified drivers
Systematically violating hours of service regulations
Falsifying log books or other records
Destroying evidence after an accident
Ignoring known safety violations

Texas caps punitive damages at the greater of:

Two times the amount of economic damages plus an amount equal to non-economic damages (up to $750,000), or
$200,000

The Statute of Limitations in Your Gaines County Trucking Case

In Texas, the statute of limitations for personal injury cases, including trucking accidents, is two years from the date of the accident. This means you have two years to file a lawsuit, or you lose your right to seek compensation forever.

However, you should never wait to contact an attorney. Evidence disappears quickly in trucking cases. The sooner you contact us, the sooner we can begin preserving evidence and building your case.

There are limited exceptions to the two-year statute of limitations:

Minors: If the victim is under 18 at the time of the accident, the statute of limitations is tolled until their 18th birthday.
Government Entities: If a government entity is involved, you may need to file a notice of claim within six months.
Wrongful Death: The statute of limitations for wrongful death claims is two years from the date of death (which may be different from the accident date).

Don’t wait until the statute of limitations is about to expire. Contact us immediately to protect your rights.

Why You Shouldn’t Wait to Contact an Attorney

Every day you wait after your Gaines County trucking accident, evidence disappears and your case becomes harder to prove:

Black box data can be overwritten in as little as 30 days
ELD records may be deleted after six months
Dashcam footage is often erased within weeks
Witnesses forget details as time passes
The truck may be repaired or scrapped, destroying physical evidence
The trucking company may destroy records if not put on notice
You may miss critical deadlines like the statute of limitations

The trucking company’s rapid-response team is working right now to build their defense. You need a team working just as hard to build your case.

What to Look for in a Gaines County Trucking Accident Attorney

Not all personal injury attorneys are equipped to handle trucking cases. When choosing an attorney to represent you after your Gaines County 18-wheeler accident, look for:

Trucking Litigation Experience: Ask how many trucking cases they’ve handled and what their results have been.
Federal Court Experience: Many trucking cases involve interstate commerce and can be filed in federal court.
Resources: Trucking cases require significant resources for accident reconstruction, expert witnesses, and litigation.
Insurance Defense Experience: Attorneys who have worked for insurance companies understand their tactics.
Bilingual Services: If you or your family speaks Spanish, look for a firm that offers bilingual representation.
Contingency Fee Basis: You should pay nothing unless they recover compensation for you.
Local Knowledge: Familiarity with Gaines County’s courts, judges, and trucking corridors is invaluable.

At Attorney911, we meet all these criteria—and more. We have the experience, resources, and determination to take on the trucking industry and fight for the compensation you deserve.

The Attorney911 Promise to Gaines County Families

When you choose Attorney911 to represent you after your Gaines County trucking accident, we make these promises:

We’ll Treat You Like Family: We understand the physical, emotional, and financial toll a trucking accident takes on your family. We’ll treat you with the compassion and respect you deserve.
We’ll Fight for Maximum Compensation: We won’t settle for less than your case is worth. We’ll aggressively negotiate with the insurance company and, if necessary, take your case to trial.
We’ll Preserve Critical Evidence: We’ll act immediately to preserve black box data, ELD records, and other critical evidence before it’s destroyed.
We’ll Handle All Communications: We’ll deal with the insurance company, the trucking company, and their lawyers so you can focus on your recovery.
We’ll Keep You Informed: We’ll provide regular updates on your case and be available to answer your questions.
We’ll Work on Contingency: You’ll pay nothing unless we recover compensation for you. We advance all costs of investigation and litigation.
We’ll Be There for You: From the initial consultation to the final resolution of your case, we’ll be by your side every step of the way.

Common Types of 18-Wheeler Accidents in Gaines County

Gaines County’s unique geography and trucking corridors create specific types of trucking accidents:

Jackknife Accidents

What Happens: The trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic.

Common Causes in Gaines County:

Sudden braking on US Highway 62, especially during oil field traffic surges
Speeding on rural roads with sharp curves
Empty or lightly loaded trailers (common in oil field service trucks returning from jobs)
Brake failures on long descents
Driver inexperience with West Texas road conditions

Why They’re Dangerous: Jackknifed trailers often sweep across multiple lanes, creating multi-vehicle pileups. The trailer can strike vehicles in adjacent lanes or cause chain-reaction collisions.

Rollover Accidents

What Happens: The truck tips onto its side or roof, often resulting in cargo spills.

Common Causes in Gaines County:

Speeding on curves, particularly on rural routes like FM 829
Top-heavy loads (common with oil field equipment and agricultural products)
Overcorrection after running off the road (a hazard on rural highways)
Wind gusts on open stretches of highway
Improperly secured cargo shifting during transport

Why They’re Dangerous: Rollover accidents often result in cargo spills, which can create additional hazards. The crushing force of a rolling truck can cause catastrophic injuries to occupants of nearby vehicles.

Underride Collisions

What Happens: A smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer.

Common Causes in Gaines County:

Inadequate or missing underride guards (especially on older trailers)
Trucks making sudden stops on US Highway 62
Low visibility conditions (dust storms, night driving)
Trucks making wide right turns at intersections
Inadequate rear lighting or reflectors

Why They’re Dangerous: Underride collisions are among the most deadly trucking accidents. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level, resulting in decapitation or catastrophic head and neck injuries.

Rear-End Collisions

What Happens: The truck strikes the back of another vehicle or a vehicle strikes the back of the truck.

Common Causes in Gaines County:

Following too closely on US Highway 62 during oil field traffic surges
Driver distraction (cell phone use, dispatch communications)
Driver fatigue (common with long-haul truckers passing through Gaines County)
Brake failures from deferred maintenance
Failure to anticipate traffic slowdowns (especially near Seminole)

Why They’re Dangerous: The massive weight disparity means even low-speed rear-end collisions can cause severe injuries. Whiplash, spinal cord injuries, and traumatic brain injuries are common.

Wide Turn Accidents (“Squeeze Play”)

What Happens: The truck swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.

Common Causes in Gaines County:

Failure to properly signal turning intention at rural intersections
Inadequate mirror checks before and during turns
Improper turn technique (swinging too early or too wide)
Driver inexperience with trailer tracking
Failure to yield right-of-way when completing turns

Why They’re Dangerous: Wide turn accidents often result in crushing injuries as vehicles are caught between the truck and the curb or another object. Pedestrians and cyclists are particularly vulnerable.

Blind Spot Collisions (“No-Zone” Accidents)

What Happens: The truck 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
Rear No-Zone: 30 feet behind the trailer
Left Side No-Zone: Extends from the cab door backward
Right Side No-Zone: Extends from the cab door backward—much larger than the left side

Common Causes in Gaines County:

Failure to check mirrors before lane changes on US Highway 62
Improperly adjusted or damaged mirrors
Inadequate mirror checking during sustained maneuvers
Driver distraction during lane changes
Failure to use turn signals

Why They’re Dangerous: Right-side blind spot collisions are especially dangerous due to the larger blind spot area. These accidents often result in sideswipe injuries or vehicles being forced off the road.

Tire Blowout Accidents

What Happens: A tire on the truck suddenly fails, causing the driver to lose control.

Common Causes in Gaines County:

Underinflated tires from long hauls across West Texas
Overloaded vehicles (common with oil field equipment and agricultural products)
Worn or aging tires not replaced
Road debris punctures (common on rural routes)
Manufacturing defects
Extreme West Texas heat causing tire failures

Why They’re Dangerous: Steer tire (front) blowouts are especially dangerous as they can cause immediate loss of control. Tire debris (“road gators”) can also strike following vehicles, causing windshield damage and loss of control.

Brake Failure Accidents

What Happens: The truck’s braking system fails or underperforms, preventing the driver from stopping in time.

Common Causes in Gaines County:

Worn brake pads or shoes not replaced
Improper brake adjustment (too loose)
Air brake system leaks or failures
Overheated brakes on long descents (especially with oil field equipment)
Deferred maintenance to save costs

Why They’re Dangerous: Brake failures cause approximately 29% of truck accidents. When an 80,000-pound truck can’t stop, the results are often catastrophic.

Cargo Spill/Shift Accidents

What Happens: Improperly secured cargo falls from the truck or shifts during transport, causing instability.

Common Causes in Gaines County:

Inadequate tiedowns for oil field equipment
Improper loading of agricultural products
Failure to re-inspect cargo during long hauls
Loose tarps allowing cargo to shift
Overloaded vehicles (common with agricultural products)

Why They’re Dangerous: Shifted cargo can cause rollovers. Falling cargo can strike other vehicles. Hazmat spills create additional hazards, especially in rural areas where emergency response may be delayed.

Head-On Collisions

What Happens: The truck crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Common Causes in Gaines County:

Driver fatigue (common with long-haul truckers)
Driver distraction (cell phone use, GPS navigation)
Impaired driving (drugs or alcohol)
Medical emergencies (heart attack, seizure)
Overcorrection after running off the road
Wrong-way entry onto divided highways

Why They’re Dangerous: Head-on collisions are among the deadliest accident types. The closing speed combines both vehicles’ velocities, resulting in catastrophic forces.

Real Gaines County Trucking Accident Scenarios

To help you understand how these accidents happen in Gaines County, here are some realistic scenarios based on actual cases we’ve handled:

The Oil Field Equipment Hauler

Scenario: A truck hauling oil field equipment from Midland to an oil lease near Seminole is traveling east on US Highway 62. The driver, who has been on the road for 12 hours straight, begins to feel drowsy. He takes a 30-minute break at a truck stop but then continues driving, violating federal hours of service regulations. As he approaches a curve near the Gaines County line, he fails to slow down and the overloaded trailer begins to fishtail. The truck jackknifes, blocking both lanes of traffic. A pickup truck traveling behind the truck swerves to avoid the jackknifed trailer but loses control and rolls over.

Liable Parties:

The truck driver for violating hours of service regulations
The trucking company for pressuring the driver to meet an unrealistic deadline
The cargo loading company for overloading the trailer
The oil field equipment manufacturer for not providing proper securement instructions

Potential Injuries:

Traumatic brain injury from the rollover
Spinal cord injury resulting in paralysis
Multiple fractures requiring surgery
Internal organ damage from the impact

The Agricultural Product Hauler

Scenario: During cotton harvest season, a truck loaded with cotton bales is traveling south on FM 829 near Seminole. The driver, who is unfamiliar with the area, takes a curve too fast. The top-heavy load shifts, causing the truck to roll over. The cotton bales spill across the roadway, creating a hazard for oncoming traffic. A family in a minivan swerves to avoid the spilled cargo but strikes one of the bales, causing the minivan to roll over.

Liable Parties:

The truck driver for speeding on the curve
The trucking company for failing to properly train the driver on load securement
The cotton gin that loaded the truck for improper securement
The cotton bale manufacturer for not providing proper securement instructions

Potential Injuries:

Traumatic brain injuries from the rollover
Spinal cord injuries resulting in paralysis
Severe burns if the cotton ignites
Crushing injuries from the impact with the bales

The Long-Haul Trucker

Scenario: A long-haul trucker traveling from California to Dallas is passing through Gaines County on US Highway 62. He’s been on the road for 10 hours and is feeling fatigued, but he wants to make it to his destination to avoid violating hours of service regulations. As he approaches Seminole, he begins to nod off. His truck drifts into the oncoming lane and strikes a pickup truck head-on. The pickup truck’s driver is killed instantly.

Liable Parties:

The truck driver for driving while fatigued
The trucking company for pressuring the driver to meet an unrealistic schedule
The freight broker for selecting a carrier with a poor safety record
The truck manufacturer if a defect contributed to the accident

Potential Injuries:

Wrongful death of the pickup truck driver
Catastrophic injuries to the pickup truck passengers
Psychological trauma for the truck driver

The Local Delivery Truck

Scenario: A delivery truck making a right turn from US Highway 62 onto a side street in Seminole swings wide to avoid a curb. A motorcyclist enters the gap created by the wide turn, and the truck completes its turn, striking the motorcycle. The motorcyclist is thrown from his bike and suffers severe injuries.

Liable Parties:

The truck driver for making an improper wide turn
The trucking company for failing to properly train the driver
The motorcycle rider if he entered the gap created by the wide turn
The local government if poor road design contributed to the accident

Potential Injuries:

Traumatic brain injury from being thrown from the motorcycle
Multiple fractures requiring surgery
Road rash requiring skin grafts
Amputation of limbs

The Oil Field Service Truck

Scenario: An oil field service truck traveling to a well site near Seminole is following too closely behind a pickup truck on a rural road. The pickup truck slows to make a turn, but the oil field service truck doesn’t react in time and rear-ends the pickup. The impact pushes the pickup truck into a ditch, and the occupants suffer severe injuries.

Liable Parties:

The truck driver for following too closely
The trucking company for failing to properly train the driver
The oil field service company for pressuring the driver to meet an unrealistic schedule

Potential Injuries:

Whiplash and soft tissue injuries
Traumatic brain injury from the impact
Spinal cord injury resulting in paralysis
Internal organ damage

The Attorney911 Difference: How We Win Gaines County Trucking Cases

When you’re facing the aftermath of a catastrophic trucking accident, you need a law firm that knows how to take on the trucking industry. Here’s how we win cases for Gaines County families:

Immediate Evidence Preservation

We don’t wait to start building your case. Within 24-48 hours of being retained, we:

Send formal spoliation letters to the trucking company, their insurer, and all potentially liable parties
Demand immediate download of ECM, ELD, and other electronic data
Obtain the police crash report and 911 call recordings
Photograph the accident scene and all vehicles before they’re moved or repaired
Interview witnesses while their memories are fresh
Hire accident reconstruction experts to analyze the scene

Comprehensive Investigation

We leave no stone unturned in investigating your case:

ECM/ELD Data Analysis: We obtain and analyze black box data to prove speeding, hours of service violations, and other negligent behavior.
Driver Qualification Review: We obtain the driver’s complete qualification file to identify hiring, training, and supervision failures.
Maintenance Record Review: We obtain all maintenance records to identify deferred repairs and known defects.
Cargo Securement Analysis: We examine cargo loading and securement to identify violations of federal regulations.
Accident Reconstruction: We work with expert engineers to reconstruct the accident and prove liability.
Medical Expert Consultation: We work with medical experts to document your injuries and calculate future medical needs.

Aggressive Negotiation

We don’t settle for the first offer from the insurance company. We:

Calculate the full value of your damages, including future medical expenses and lost earning capacity
Prepare a comprehensive demand package outlining the facts of your case and our demand for compensation
Negotiate aggressively with the insurance company to secure a fair settlement
Are prepared to take your case to trial if the insurance company refuses to offer a fair settlement

Trial-Ready Representation

While most cases settle before trial, we prepare every case as if it’s going to trial. This approach gives us leverage in negotiations and ensures we’re ready to fight for you in court if necessary. Our trial-ready approach includes:

Expert Witnesses: We work with accident reconstruction experts, medical experts, vocational experts, and economists to build your case.
Demonstrative Evidence: We create animations, diagrams, and other visual aids to help the jury understand what happened.
Mock Trials: We conduct mock trials to test our case strategy and refine our arguments.
Jury Research: We conduct jury research to understand how jurors in Gaines County and surrounding areas are likely to respond to your case.

Compassionate Client Service

We understand the physical, emotional, and financial toll a trucking accident takes on your family. We provide compassionate, personalized service throughout your case:

Regular Updates: We provide regular updates on your case and are always available to answer your questions.
Medical Care Coordination: We help you get the medical treatment you need, even if you don’t have health insurance.
Financial Assistance: We work with medical providers who will treat you on a lien basis, meaning they’ll get paid from your settlement.
Emotional Support: We connect you with support groups and counseling services to help you cope with the emotional impact of your injuries.

Gaines County Trucking Accident Resources

If you or a loved one has been involved in a trucking accident in Gaines County, these local resources may be helpful:

Medical Facilities

Permian Regional Medical Center: 720 Hospital Dr, Andrews, TX 79714 (approximately 30 miles from Seminole)
Medical Center Hospital: 500 W 4th St, Odessa, TX 79761 (approximately 50 miles from Seminole)
Midland Memorial Hospital: 2200 W Illinois Ave, Midland, TX 79701 (approximately 60 miles from Seminole)

Law Enforcement

Gaines County Sheriff’s Office: 311 W Ave A, Seminole, TX 79360
Seminole Police Department: 110 E Ave B, Seminole, TX 79360
Texas Department of Public Safety – Seminole: 100 W Ave A, Seminole, TX 79360

Legal Resources

Gaines County Courthouse: 101 S Main St, Seminole, TX 79360
State Bar of Texas Lawyer Referral Service: 1-800-252-9690
Texas RioGrande Legal Aid: Provides free legal services to low-income individuals (may be able to assist with certain aspects of your case)

Support Groups

Brain Injury Association of Texas: Provides resources and support for traumatic brain injury survivors and their families
Spinal Cord Injury Association of Texas: Provides resources and support for spinal cord injury survivors and their families
Texas Burn Survivor Society: Provides resources and support for burn survivors and their families

Government Agencies

Texas Department of Transportation – Gaines County: Information on road conditions and construction projects
Federal Motor Carrier Safety Administration: Information on trucking regulations and safety
Occupational Safety and Health Administration (OSHA): Information on workplace safety, including trucking operations

Frequently Asked Questions About Gaines County Trucking Accidents

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

If you’ve been in a trucking accident in Gaines County, 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

How long do I have to file a lawsuit after a trucking accident in Gaines County?

The statute of limitations for personal injury cases in Texas is two years from the date of the accident. This means you have two years to file a lawsuit, or you lose your right to seek compensation forever. However, you should never wait to contact an attorney. Evidence disappears quickly in trucking cases, and the sooner you contact us, the sooner we can begin preserving evidence and building your case.

How much is my Gaines County trucking accident case worth?

The value of your case depends on many factors, including:

The severity of your injuries
The extent of your medical treatment
Your lost wages and future earning capacity
Your pain and suffering
The degree of the trucking company’s negligence
The available insurance coverage

Trucking accident cases often have higher values than typical car accident cases because trucking companies carry higher insurance limits. We’ve recovered millions for trucking accident victims, but every case is unique. We’ll evaluate your case and give you an honest assessment of its value.

Who can I sue after a trucking accident in Gaines County?

Multiple parties may be liable for your injuries, including:

The truck driver
The trucking company/motor carrier
The cargo owner or shipper
The company that loaded the cargo
The truck or trailer manufacturer
The parts manufacturer
The maintenance company
The freight broker
The truck owner (if different from the carrier)
Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

What if the truck driver says I caused the accident?

Texas uses a modified comparative negligence system. This means:

If you’re less than 50% at fault, you can recover damages, but your recovery will be reduced by your percentage of fault.
If you’re 50% or more at fault, you cannot recover any damages.

Our job is to investigate thoroughly and gather evidence to prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.

What if the trucking company offers me a quick settlement?

The trucking company’s insurance adjuster may offer you a quick settlement within days of your accident. Do not accept any settlement without consulting an attorney. These quick offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Once you accept a settlement, you waive your right to additional compensation—even if your injuries turn out to be more serious than initially thought.

Can I still recover compensation if I was partially at fault?

Yes, as long as you were less than 50% at fault. Texas uses a modified comparative negligence system, which means:

If you’re 20% at fault, you can recover 80% of your damages.
If you’re 40% at fault, you can recover 60% of your damages.
If you’re 50% or more at fault, you cannot recover any damages.

We’ll investigate your case and fight to minimize your percentage of fault.

What if the trucking company claims the driver was an independent contractor?

Even if the driver is classified as an independent contractor, the trucking company may still be liable for your injuries. Factors that determine liability include:

The degree of control the company exercised over the driver
Whether the company provided the truck
Whether the company set the driver’s schedule and routes
Whether the company provided training and supervision

We’ll investigate the relationship between the driver and the trucking company to determine all liable parties.

What if the trucking company goes bankrupt?

If the trucking company goes bankrupt, we’ll pursue other potentially liable parties, including:

The truck driver
The cargo owner or shipper
The company that loaded the cargo
The truck or trailer manufacturer
The parts manufacturer
The maintenance company
The freight broker

We’ll also explore all available insurance policies to maximize your recovery.

Can I recover compensation if I was a passenger in the truck?

Yes. If you were a passenger in the truck and were injured due to the driver’s negligence, you can pursue a claim against:

The truck driver
The trucking company
Other potentially liable parties

If the truck driver was not at fault, you may be able to pursue a claim against the at-fault party.

What if I was hit by a truck while walking or riding a bicycle?

Pedestrians and cyclists are particularly vulnerable to catastrophic injuries in trucking accidents. If you were hit by a truck while walking or riding a bicycle, you can pursue a claim against:

The truck driver
The trucking company
Other potentially liable parties

Texas law protects pedestrians and cyclists, and truck drivers have a special duty to watch for vulnerable road users.

What if the truck was carrying hazardous materials?

If the truck was carrying hazardous materials and you were exposed to those materials, you may have additional claims against:

The trucking company
The cargo owner
The company that loaded the cargo
The manufacturer of the hazardous materials

Hazmat accidents can result in serious injuries, including chemical burns, respiratory damage, and long-term health effects.

What if the trucking company is based out of state?

Even if the trucking company is based out of state, we can still pursue a claim against them in Texas. Many trucking cases involve interstate commerce and can be filed in federal court.

What if the accident happened on a rural road in Gaines County?

Accidents on rural roads present unique challenges, including:

Delayed emergency response times
Limited access to medical care
Difficulty preserving evidence
Unique road conditions (dust, wind, wildlife)

We’re familiar with Gaines County’s rural roads and the unique challenges they present. We’ll act quickly to preserve evidence and build your case.

What if the truck driver was under the influence of drugs or alcohol?

If the truck driver was under the influence of drugs or alcohol, this can significantly strengthen your case. We’ll:

Obtain the results of any drug or alcohol tests
Investigate whether the trucking company knew or should have known about the driver’s substance abuse issues
Pursue punitive damages for gross negligence

Driving under the influence is a serious violation of federal trucking regulations and can result in significant liability for the trucking company.

What if the trucking company destroyed evidence?

If the trucking company destroyed evidence after receiving notice of potential litigation, this is called spoliation. Spoliation can result in:

Adverse inference instructions (the jury is told to assume the destroyed evidence was unfavorable)
Monetary sanctions
Default judgment in extreme cases
Punitive damages

We send spoliation letters immediately to put the trucking company on notice of their preservation obligations.

What if I can’t afford an attorney?

You don’t need to worry about affording an attorney. We work on a contingency fee basis—you pay nothing unless we recover compensation for you. We advance all costs of investigation and litigation. This means you can have top-tier legal representation without any upfront financial burden.

How long will my case take to resolve?

The timeline for resolving your case depends on many factors, including:

The severity of your injuries
The extent of your medical treatment
The complexity of your case
The willingness of the insurance company to negotiate
Whether your case goes to trial

Simple cases with clear liability and moderate injuries may settle within 6-12 months. Complex cases with severe injuries or disputed liability can take 1-3 years or more. We’ll work to resolve your case as quickly as possible while maximizing your recovery.

Will my case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. This approach gives us leverage in negotiations and ensures we’re ready to fight for you in court if necessary. Factors that may lead to trial include:

Disputed liability
Inadequate settlement offers
Complex legal issues
The need for punitive damages

We have the experience and resources to take your case to trial if that’s what it takes to get you the compensation you deserve.

What if I was injured in a hit-and-run trucking accident?

If you were injured in a hit-and-run trucking accident, you may still be able to recover compensation through:

Your own uninsured/underinsured motorist (UM/UIM) coverage
The trucking company’s insurance if the truck can be identified
Other potentially liable parties

We’ll investigate your case and explore all available avenues for recovery.

What if the trucking company claims I had a pre-existing condition?

Even if you had a pre-existing condition, the trucking company is liable for aggravating that condition. Under the “Eggshell Skull” doctrine, we take the victim as we find them. If the accident made your pre-existing condition worse, the trucking company is responsible for that aggravation.

Can I recover compensation for emotional distress?

Yes. In Texas, you can recover compensation for emotional distress resulting from a trucking accident. This includes:

Anxiety and depression
Post-traumatic stress disorder (PTSD)
Sleep disturbances
Fear of driving
Other psychological impacts

We’ll work with mental health professionals to document your emotional distress and include it in your claim.

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

If your loved one was killed in a trucking accident, you may be able to pursue a wrongful death claim. Wrongful death claims seek compensation for:

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

The statute of limitations for wrongful death claims in Texas is two years from the date of death.

Can I recover compensation if I was a passenger in the at-fault vehicle?

Yes. If you were a passenger in the vehicle that caused the accident, you can pursue a claim against:

The driver of your vehicle
The truck driver
The trucking company
Other potentially liable parties

As a passenger, you’re generally not considered at fault for the accident.

What if the trucking company claims the accident was unavoidable?

Trucking companies often claim accidents were unavoidable due to weather, road conditions, or other factors. However, federal regulations require truck drivers to adjust their driving to account for these conditions. If the driver failed to adjust their speed, following distance, or other behaviors to account for conditions, they may still be liable.

Can I recover compensation for lost earning capacity?

Yes. If your injuries prevent you from returning to your previous job or reduce your earning potential, you can recover compensation for lost earning capacity. This includes:

The difference between your pre-accident earnings and your post-accident earnings
The loss of future raises, bonuses, and promotions
The loss of pension and retirement benefits

We work with vocational experts and economists to calculate your lost earning capacity.

What if the trucking company claims I was partially at fault for the accident?

Even if you were partially at fault, you may still be able to recover compensation under Texas’s modified comparative negligence system. As long as you were less than 50% at fault, you can recover damages reduced by your percentage of fault. We’ll investigate your case and fight to minimize your percentage of fault.

Can I recover compensation for property damage?

Yes. You can recover compensation for the cost to repair or replace your vehicle and any other property damaged in the accident. This includes:

Vehicle repair or replacement costs
Personal items damaged in the accident
Rental car expenses while your vehicle is being repaired

What if the trucking company claims the driver was not on duty?

Trucking companies sometimes claim drivers were not on duty at the time of the accident to avoid liability. However, if the driver was acting within the scope of their employment—even if they were technically off duty—the company may still be liable. We’ll investigate the driver’s activities and the company’s policies to determine liability.

Can I recover compensation for future medical expenses?

Yes. If your injuries require ongoing medical treatment, you can recover compensation for future medical expenses. This includes:

Future surgeries
Physical therapy
Prescription medications
Medical equipment
Home modifications
Long-term care

We work with medical experts to calculate your future medical needs and include them in your claim.

What if the trucking company claims I wasn’t really injured?

Trucking companies often claim victims aren’t really injured to minimize their liability. We combat these claims by:

Obtaining comprehensive medical documentation
Working with medical experts to prove the extent of your injuries
Documenting how your injuries affect your daily life
Presenting objective evidence of your injuries (X-rays, MRIs, etc.)

Can I recover compensation for pain and suffering?

Yes. In Texas, you can recover compensation for pain and suffering resulting from a trucking accident. This includes:

Physical pain and discomfort
Emotional distress
Loss of enjoyment of life
Disfigurement
Physical impairment

Pain and suffering damages are often the largest component of a trucking accident settlement.

What if the trucking company offers me a structured settlement?

Structured settlements provide periodic payments over time rather than a lump sum. While structured settlements can be beneficial in some cases, they’re not always in your best interest. We’ll evaluate any structured settlement offer and advise you on whether it’s fair and appropriate for your situation.

Can I recover compensation if I was injured by a government-owned truck?

Yes, but claims against government entities are subject to special rules and limitations. You may need to file a notice of claim within a short timeframe (often six months), and damages may be capped. We have experience handling claims against government entities and can guide you through the process.

What if the trucking company claims I waited too long to seek medical treatment?

Insurance companies often claim that delays in seeking medical treatment mean you weren’t really injured. We combat these claims by:

Documenting the reasons for any delay (e.g., you didn’t realize you were injured, you were transported to a distant hospital)
Obtaining medical records that explain any delay
Presenting evidence of the severity of your injuries

Can I recover compensation for lost wages if I’m self-employed?

Yes. If you’re self-employed and your injuries prevent you from working, you can recover compensation for lost wages. This includes:

Lost business income
Lost business opportunities
The cost of hiring someone to perform your job duties

We work with economists to calculate your lost wages and include them in your claim.

What if the trucking company claims I was contributorily negligent?

Contributory negligence is an outdated legal doctrine that some states still use. In these states, if you’re even 1% at fault, you cannot recover any damages. Fortunately, Texas uses a modified comparative negligence system, which allows you to recover damages as long as you’re less than 50% at fault.

Can I recover compensation for the cost of hiring help around the house?

Yes. If your injuries prevent you from performing household tasks, you can recover compensation for the cost of hiring help. This includes:

Housekeeping services
Lawn care
Childcare
Other household assistance

What if the trucking company claims I’m exaggerating my injuries?

Insurance companies often claim victims are exaggerating their injuries to maximize their settlements. We combat these claims by:

Obtaining comprehensive medical documentation
Working with medical experts to prove the extent of your injuries
Documenting how your injuries affect your daily life
Presenting objective evidence of your injuries

Can I recover compensation for the cost of modifying my home?

Yes. If your injuries require home modifications (e.g., wheelchair ramps, bathroom modifications, widened doorways), you can recover compensation for these costs. We work with life care planners to calculate your future needs and include them in your claim.

What if the trucking company claims I had a pre-existing condition that caused my injuries?

Can I recover compensation for the cost of vocational rehabilitation?

Yes. If your injuries prevent you from returning to your previous job, you can recover compensation for vocational rehabilitation. This includes:

Job retraining
Education expenses
Career counseling

We work with vocational experts to calculate your vocational rehabilitation needs and include them in your claim.

What if the trucking company claims I was driving recklessly?

Trucking companies often claim victims were driving recklessly to shift blame. We combat these claims by:

Obtaining the police crash report
Gathering witness statements
Analyzing ECM/ELD data
Consulting with accident reconstruction experts

Can I recover compensation for the cost of psychological counseling?

Yes. If you’re experiencing anxiety, depression, PTSD, or other psychological issues as a result of the accident, you can recover compensation for psychological counseling. We work with mental health professionals to document your psychological injuries and include them in your claim.

What if the trucking company claims I was driving under the influence?

If you were not driving under the influence, we’ll obtain evidence to prove your sobriety, including:

Police reports
Witness statements
Medical records
Any drug or alcohol test results

If you were driving under the influence, this could affect your ability to recover compensation, but it doesn’t necessarily bar recovery entirely.

Can I recover compensation for the cost of assistive devices?

Yes. If your injuries require assistive devices (e.g., wheelchairs, walkers, prosthetics), you can recover compensation for these costs. We work with medical experts to calculate your future needs and include them in your claim.

What if the trucking company claims I was distracted at the time of the accident?

Trucking companies often claim victims were distracted to shift blame. We combat these claims by:

Obtaining the police crash report
Gathering witness statements
Analyzing ECM/ELD data
Consulting with accident reconstruction experts

Can I recover compensation for the cost of transportation to medical appointments?

Yes. If your injuries require frequent medical appointments, you can recover compensation for transportation costs, including:

Mileage
Public transportation fares
Ride-sharing services
Ambulance transportation

What if the trucking company claims I was speeding at the time of the accident?

Trucking companies often claim victims were speeding to shift blame. We combat these claims by:

Obtaining the police crash report
Gathering witness statements
Analyzing ECM/ELD data
Consulting with accident reconstruction experts

Can I recover compensation for the cost of childcare?

Yes. If your injuries prevent you from caring for your children, you can recover compensation for childcare expenses. This includes:

Daycare
Babysitting
After-school care
Summer camp

What if the trucking company claims I was following too closely?

Trucking companies often claim victims were following too closely to shift blame. We combat these claims by:

Obtaining the police crash report
Gathering witness statements
Analyzing ECM/ELD data
Consulting with accident reconstruction experts

Can I recover compensation for the cost of pet care?

Yes. If your injuries prevent you from caring for your pets, you can recover compensation for pet care expenses. This includes:

Dog walking
Pet sitting
Veterinary care

What if the trucking company claims I ran a red light?

Trucking companies often claim victims ran red lights to shift blame. We combat these claims by:

Obtaining the police crash report
Gathering witness statements
Analyzing traffic camera footage
Consulting with accident reconstruction experts

Can I recover compensation for the cost of home health care?

Yes. If your injuries require home health care, you can recover compensation for these costs. This includes:

Skilled nursing care
Physical therapy
Occupational therapy
Personal care assistance

We work with life care planners to calculate your future needs and include them in your claim.

Contact Attorney911 Today

If you or a loved one has been injured in an 18-wheeler accident in Gaines County, don’t wait to seek legal help. Every hour that passes, evidence disappears and your case becomes harder to prove.

At Attorney911, we offer:

Free Consultations: We’ll evaluate your case at no cost and with no obligation.
Immediate Action: We’ll send spoliation letters within 24-48 hours to preserve critical evidence.
Contingency Fee Representation: You pay nothing unless we recover compensation for you.
Bilingual Services: Hablamos Español. Llame al 1-888-ATTY-911.
24/7 Availability: We’re here when you need us, day or night.

Call Us Now: 1-888-ATTY-911 (1-888-288-9911)

Our team is ready to fight for you. We have the experience, resources, and determination to take on the trucking industry and secure the compensation you deserve. Don’t let the trucking company’s lawyers and insurance adjusters control the narrative. Call Attorney911 today and let us fight for your future.

Remember: The trucking company has a team working right now to protect their interests. You deserve a team working just as hard to protect yours. Call 1-888-ATTY-911 for your free consultation. We’re here to help.