Tragedy on West Loop 1604 North: Grace Duke’s Fatal Rear-End Collision and the Fight for Justice in Anthony, Texas

The Crash That Changed Everything

It happened in an instant.

Grace Duke was driving on West Loop 1604 North in San Antonio when her life was cut short in a violent rear-end collision. The impact from an 18-wheeler was catastrophic—80,000 pounds of steel slamming into her vehicle at highway speed. In that moment, everything changed for her family, her community, and for every driver who shares the road with commercial trucks in Anthony, Texas and across the Lone Star State.

While this tragedy occurred in San Antonio, the same dangers exist right here in Anthony. Our highways—Interstate 10, US-90, and the busy commercial corridors that connect our community to San Antonio, El Paso, and beyond—see heavy truck traffic every day. The factors that led to Grace Duke’s death—driver fatigue, distraction, inadequate braking distance, or mechanical failure—are the same risks Anthony families face every time they get behind the wheel.

At Attorney911, we’ve seen firsthand how these crashes devastate families. Our managing partner, Ralph Manginello, has spent over 25 years fighting for victims of trucking accidents across Texas. We know the patterns. We know the corporate tactics. And we know how to hold negligent trucking companies accountable.

This isn’t just another news story. This is a wake-up call for Anthony. Because the next fatal truck crash could happen right here on our roads.

Who Is Responsible? The Web of Liability in Trucking Accidents

In most car accidents, liability is straightforward—usually involving just the drivers involved. But trucking accidents are different. They often involve a complex web of responsible parties, each of whom may share liability for the crash.

In the Grace Duke case, multiple parties could potentially be held accountable:

1. The Truck Driver

The driver is often the first and most obvious defendant. Drivers can be held personally liable for negligent actions such as:

• Speeding
• Following too closely
• Distracted driving (cell phone use, texting, dispatch communications)
• Fatigued driving (violating HOS regulations)
• Impaired driving (drugs or alcohol)
• Failure to conduct proper pre-trip inspections

Evidence We Pursue:
– Driver’s hours of service records (ELD data)
– Cell phone records
– Drug and alcohol test results
– Driver Qualification File (DQF)
– Previous accident and violation history
– Training records

2. The Trucking Company (Motor Carrier)

Trucking companies are often the most important defendants because they have the deepest pockets (highest insurance limits) and the most responsibility for safety.

Bases for Trucking Company Liability:

Vicarious Liability (Respondeat Superior):
Under the legal doctrine of respondeat superior, employers are liable for the negligent acts of their employees when those acts occur within the scope of employment. If the driver was acting as an employee of the trucking company at the time of the crash, the company can be held liable for the driver’s negligence.

Direct Negligence:
Trucking companies can also be held directly liable for their own negligence:

• Negligent Hiring: Failing to properly vet drivers, check their backgrounds, or verify their qualifications.
• Negligent Training: Providing inadequate training on safety procedures, hours of service compliance, or emergency maneuvers.
• Negligent Supervision: Failing to monitor driver performance, enforce safety policies, or address known violations.
• Negligent Maintenance: Failing to properly maintain vehicles, leading to mechanical failures like brake or tire failures.
• Negligent Scheduling: Pressuring drivers to meet unrealistic delivery schedules, leading to HOS violations and fatigued driving.

Evidence We Pursue:
– Driver Qualification Files (DQFs)
– Hiring policies and background check procedures
– Training records and curricula
– Dispatch records showing schedule pressure
– Maintenance records
– Safety policies and enforcement
– Previous accident and violation history
– CSA (Compliance, Safety, Accountability) scores

Insurance Implications:
Trucking companies are required by federal law to carry minimum liability insurance:

• $750,000 for non-hazardous freight
• $1,000,000 for oil, large equipment, and certain other cargo
• $5,000,000 for hazardous materials

Many carriers carry $1-5 million or more in coverage. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

3. The Cargo Owner or Shipper

The company that owns the cargo and arranged for its shipment may also share liability, especially if:

• They provided improper loading instructions
• They failed to disclose the hazardous nature of the cargo
• They required overweight loading
• They pressured the carrier to expedite delivery beyond safe limits
• They misrepresented the cargo’s weight or characteristics

Evidence We Pursue:
– Shipping contracts and bills of lading
– Loading instructions provided to the carrier
– Hazmat disclosure documentation
– Weight certification records

4. The Cargo Loading Company

If a third-party company was responsible for physically loading the cargo onto the truck, they may be liable for improper securement.

Bases for Loading Company Liability:
– Improper cargo securement (violating 49 CFR § 393.100-136)
– Unbalanced load distribution
– Exceeding vehicle weight ratings
– Failure to use proper blocking, bracing, or tiedowns
– Not training loaders on securement requirements

Evidence We Pursue:
– Loading company’s securement procedures
– Loader training records
– Securement equipment used
– Weight distribution documentation

5. The Truck or Trailer Manufacturer

If a defect in the truck or trailer contributed to the crash, the manufacturer may be liable under product liability laws.

Bases for Manufacturer Liability:
– Design defects (e.g., brake systems, stability control, fuel tank placement)
– Manufacturing defects (e.g., faulty welds, component failures)
– Failure to warn of known dangers
– Defective safety systems (e.g., ABS, ESC, collision warning)

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

6. Parts Manufacturer

Companies that manufacture specific parts—such as brakes, tires, or steering components—may be liable if a defective part caused or contributed to the crash.

Bases for Parts Liability:
– Defective brakes or brake components
– Defective tires causing blowouts
– Defective steering mechanisms
– Defective lighting components
– Defective coupling devices

Evidence We Pursue:
– Failed component for expert analysis
– Recall history for specific parts
– Similar failure patterns
– Manufacturing and quality control records

7. Maintenance Company

If a third-party maintenance company was responsible for servicing the truck, they may be liable for negligent repairs.

Bases for Maintenance Company Liability:
– Negligent repairs that failed to fix known problems
– Failure to identify critical safety issues
– Improper brake adjustments
– Using substandard or wrong parts
– Returning vehicles to service with known defects

Evidence We Pursue:
– Maintenance work orders
– Mechanic qualifications and training
– Parts used in repairs
– Inspection reports and recommendations

8. Freight Broker

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

Bases for Broker Liability:
– Negligent selection of a carrier with a poor safety record
– Failure to verify carrier insurance and authority
– Failure to check carrier CSA scores
– Selecting the cheapest carrier despite safety concerns

Evidence We Pursue:
– Broker-carrier agreements
– Carrier selection criteria
– Carrier safety record at time of selection
– Broker’s due diligence procedures

9. The Truck Owner (If Different from the Carrier)

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

Bases for Owner Liability:
– Negligent entrustment of the vehicle
– Failure to maintain owned equipment
– Knowledge of the driver’s unfitness

Evidence We Pursue:
– Lease agreements
– Maintenance responsibility allocations
– Owner’s knowledge of driver history

10. Government Entity

In rare cases, a government entity may share liability if road design or maintenance contributed to the crash.

Bases for Government Liability:
– 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

Special Considerations:
– Sovereign immunity limits government liability
– Strict notice requirements and short deadlines apply
– Must prove actual notice of the dangerous condition in many cases

Evidence We Pursue:
– Road design specifications
– Maintenance records
– Prior accident history at the location
– Citizen complaints about the condition

The Legal Battle: What Grace Duke’s Family Could Face

Wrongful death claims involving commercial trucks are among the most complex and hard-fought cases in personal injury law. Trucking companies and their insurers have teams of lawyers whose sole job is to minimize or deny claims. Here’s what Grace Duke’s family could be up against:

1. The Insurance Company’s Playbook

Insurance companies use a variety of tactics to reduce or deny claims:

Our Insider Advantage:
Our firm includes Lupe Peña, a former insurance defense attorney who knows exactly how these tactics work. He spent years on the other side, helping insurance companies minimize claims. Now, he uses that insider knowledge to fight for victims.

2. Corporate Defenses

Trucking companies often raise these defenses:

• The driver was an independent contractor, not an employee (to avoid vicarious liability)
• The crash was caused by an unforeseeable mechanical failure
• The driver’s actions were outside the scope of employment
• The family’s damages are speculative or exaggerated

How We Counter These Defenses:
– Independent Contractor vs. Employee: We investigate the true nature of the relationship. Even if the driver is an independent contractor, the company may still be liable for negligent hiring, training, or supervision.
– Mechanical Failure: We determine whether the failure was truly unforeseeable or the result of deferred maintenance.
– Scope of Employment: We analyze whether the driver was acting within the scope of their duties at the time of the crash.
– Damages: We work with top experts to document every aspect of the family’s losses.

3. Comparative Negligence

Texas follows a modified comparative negligence system. This means:

• If Grace Duke was less than 51% at fault, her family can recover damages, reduced by her percentage of fault.
• If she was 51% or more at fault, her family cannot recover anything.

Why This Matters:
Insurance companies will try to shift as much blame as possible onto Grace Duke to reduce or eliminate their liability. Our job is to gather evidence proving the truck driver’s negligence was the primary cause of the crash.

Precedent Cases: What Similar Cases Tell Us About Grace Duke’s Claim

While every case is unique, looking at similar wrongful death trucking cases can give us insight into what Grace Duke’s family might expect. Here are some relevant precedent cases:

1. Ramsey v. Landstar Ranger (2021) – $730 Million Verdict

Location: Texas
Details: A Navy propeller being transported as an oversize load fell off a trailer and struck a vehicle, killing a 73-year-old woman. The jury awarded $480 million in compensatory damages and $250 million in punitive damages.
Why It’s Relevant: This case demonstrates that Texas juries are willing to award massive verdicts when trucking companies act with gross negligence. The oversize load was improperly secured, and the company failed to follow proper safety protocols.

2. Werner Enterprises Settlement (2022) – $150 Million

Location: Texas
Details: Two children were killed when a Werner Enterprises truck rear-ended their family’s vehicle on I-30. The case settled for $150 million—the largest 18-wheeler settlement in U.S. history at the time.
Why It’s Relevant: This case shows the potential value of wrongful death claims involving children. The settlement amount reflects the profound impact on the family and the community.

3. St. Louis Underride Case (2024) – $462 Million Verdict

Location: Missouri
Details: Two men were decapitated when their vehicle slid under the rear of a trailer in an underride collision. The jury awarded $462 million against the trailer manufacturer for failing to install adequate underride guards.
Why It’s Relevant: While this case involved an underride collision rather than a rear-end crash, it demonstrates that juries will hold companies accountable for failing to implement basic safety measures.

4. Alabama Rollover Case (2024) – $160 Million Verdict

Location: Alabama
Details: A rollover crash left the driver quadriplegic. The jury awarded $75 million in compensatory damages and $75 million in punitive damages against Daimler, the truck manufacturer.
Why It’s Relevant: This case shows that even in states with contributory negligence laws (where plaintiffs can’t recover if they’re even 1% at fault), juries will award significant damages when the evidence of corporate negligence is strong.

5. Florida I-95 Chain Reaction (2021) – $1 Billion Verdict

Location: Florida
Details: An 18-year-old was killed in a chain-reaction crash caused by a trucking company’s gross negligence in hiring. The jury awarded $100 million in compensatory damages and $900 million in punitive damages.
Why It’s Relevant: This case demonstrates the potential for punitive damages when a company’s hiring practices are egregiously negligent.

What This Means for Anthony, Texas

While Grace Duke’s tragic death occurred in San Antonio, the same risks exist right here in Anthony. Our community is crisscrossed by major trucking corridors that see heavy commercial traffic every day:

• Interstate 10: One of the busiest trucking routes in the country, connecting Anthony to El Paso, San Antonio, Houston, and beyond.
• US-90: A critical east-west corridor that sees significant truck traffic, especially from the oil and gas industry.
• FM 1905 and FM 1110: Local routes that connect Anthony to nearby communities and see a mix of local and through truck traffic.

The Risks Anthony Drivers Face

1. Fatigued Driving

Anthony sits at the crossroads of major trucking routes. Drivers passing through on I-10 or US-90 may be pushing their limits to meet tight deadlines. Fatigued drivers are more likely to:

• Miss traffic signals
• Drift out of lanes
• Fail to react in time to avoid collisions
• Fall asleep at the wheel

2. Distracted Driving

Distracted driving is a growing problem in the trucking industry. Drivers text, check GPS, scroll through dispatch messages, or even watch videos while behind the wheel. On our high-speed corridors, a moment of inattention can be deadly.

3. Brake Failures

Our region’s terrain—with its long stretches of highway and occasional steep grades—puts extra stress on braking systems. Trucks descending from higher elevations or navigating the curves of US-90 need properly maintained brakes to stop safely.

4. Speeding

Speed limits on I-10 and US-90 are there for a reason. When truck drivers exceed these limits—whether due to pressure from dispatch or simple recklessness—they put everyone at risk.

5. Inexperienced Drivers

Anthony’s proximity to major trucking hubs means we see drivers of all experience levels on our roads. Inexperienced drivers are more likely to make mistakes—especially in high-pressure situations like sudden stops or adverse weather.

What Anthony Can Do to Stay Safe

1. Give Trucks Space

• Never tailgate an 18-wheeler
• Avoid driving in a truck’s blind spots (No-Zones)
• Pass trucks quickly and safely
• Never cut in front of a truck—give them plenty of room

2. Be Extra Cautious at Night

• Trucks are harder to see at night
• Fatigued driving is more common after dark
• Use high beams when appropriate, but dim them for oncoming traffic

3. Watch for Wide Turns

• Trucks need extra space to make turns
• Never try to squeeze past a turning truck
• Be patient and give them room

4. Report Unsafe Trucks

If you see a truck with:
– Bald tires
– Broken lights
– Unsecured cargo
– Smoke coming from the brakes

Report it to the FMCSA by calling 1-888-DOT-SAFT (1-888-368-7238) or visiting https://nccdb.fmcsa.dot.gov.

5. Know What to Do If You’re in a Crash

If you’re involved in a crash with an 18-wheeler:

1. Call 911 immediately
2. Seek medical attention, even if you feel fine
3. Document the scene with photos and video
4. Get the trucking company’s information (name, DOT number, insurance)
5. Collect witness contact information
6. Do NOT give a recorded statement to any insurance company
7. Call an experienced trucking accident attorney immediately

What Grace Duke’s Family Should Do Next

If you’re reading this and you’re Grace Duke’s family—or if you’re the family of someone else killed in a trucking accident—here’s what you should do:

1. Contact an Experienced Trucking Accident Attorney Immediately

Time is critical in these cases. Evidence disappears fast. The sooner you contact an attorney, the better your chances of preserving critical evidence and building a strong case.

At Attorney911, we offer free consultations and work on a contingency fee basis—you pay nothing unless we win your case.

2. Do NOT Speak to the Trucking Company’s Insurance Adjuster

Insurance adjusters work for the trucking company, not for you. Their job is to minimize your claim. Anything you say can and will be used against you.

Do NOT:
– Give a recorded statement
– Sign any documents
– Accept a settlement offer
– Discuss fault or injuries

Do:
– Refer all communications to your attorney
– Let your attorney handle all negotiations

3. Preserve All Evidence

If you have any evidence related to the crash—photos, videos, medical records, correspondence with the trucking company—preserve it. Do not delete anything.

4. Document Everything

Keep a journal documenting:
– Your grief and emotional struggles
– The impact on your family
– Memories of your loved one
– Financial losses

This documentation will be critical in proving your damages.

5. Be Patient

Wrongful death cases take time. The trucking company and their insurers will fight hard to minimize your claim. But with the right legal team, you can hold them accountable and secure the compensation you deserve.

The Time to Act Is Now

If you’ve lost a loved one in a trucking accident, you don’t have to face this alone. The trucking company has lawyers working right now to protect their interests. You deserve the same level of representation.

Call Attorney911 today at 1-888-ATTY-911 (1-888-288-9911) for a free, confidential consultation. We’ll review your case, explain your rights, and help you understand your legal options.

Remember:
– Evidence disappears fast—act now to preserve it
– The trucking company’s insurance adjuster is not your friend
– You have the right to full compensation for your loss
– You don’t have to go through this alone

We’re here to fight for you.

Final Thoughts: A Call to Action for Anthony

Grace Duke’s death is a tragedy. But it’s also a call to action—for Anthony, for Texas, and for our nation.

Every time we get behind the wheel, we share the road with 80,000-pound trucks. We trust that the drivers are well-trained, well-rested, and focused on safety. We trust that the trucks are properly maintained. We trust that the companies prioritize safety over profit.

But too often, that trust is betrayed.

It’s time to demand better. It’s time to hold the trucking industry accountable. And it’s time to ensure that what happened to Grace Duke never happens to another family.

If you’ve been affected by a trucking accident—whether in Anthony, San Antonio, or anywhere in Texas—you have rights. You have the right to justice. You have the right to accountability. And you have the right to full compensation for your losses.

Don’t wait. Call Attorney911 today at 1-888-ATTY-911 (1-888-288-9911).

We’re ready to fight for you.