18-Wheeler Accidents in Hemphill County: Your Complete Legal Guide
The Devastating Reality of Truck Crashes on Hemphill County Highways
Every year, thousands of families across Texas face life-altering consequences from 18-wheeler accidents. In Hemphill County, these catastrophic crashes occur with alarming frequency on our major trucking corridors. The 80,000-pound behemoths that share our roads with 4,000-pound passenger vehicles create a dangerous imbalance of power that too often results in tragedy.
If you or a loved one has been seriously injured in a trucking accident in Hemphill County, you need more than just a lawyer—you need a legal team with specialized expertise in holding trucking companies accountable. At Attorney911, we’ve been fighting for truck accident victims across Texas for over 25 years, recovering millions for families devastated by negligent trucking practices.
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
Why Hemphill County Trucking Accidents Are Different
Hemphill County’s unique geography and trucking patterns create specific risks that require local knowledge:
- I-40 Corridor: The primary east-west freight route connecting California to the East Coast passes through Hemphill County, bringing heavy truck traffic
- US-83: This major north-south route serves as a critical connection between Texas and the northern plains states
- Oil and Gas Industry: Hemphill County’s energy sector generates significant truck traffic for equipment, fuel, and materials transport
- Agricultural Freight: Our county’s farming operations create seasonal peaks in grain, livestock, and produce trucking
- Weather Challenges: From summer heat that causes tire blowouts to winter ice that creates hazardous conditions, Hemphill County’s climate affects truck safety
The trucking companies operating in Hemphill County know these routes well—but they also know how to cut corners on safety to meet tight deadlines. Our firm understands the specific challenges of Hemphill County trucking cases and knows how to investigate them thoroughly.
Common Causes of 18-Wheeler Accidents in Hemphill County
Driver Fatigue: The Silent Killer on Our Highways
Fatigue is one of the most common—and deadly—factors in Hemphill County trucking accidents. Federal hours-of-service regulations (49 CFR Part 395) exist for a reason: tired drivers make mistakes. Yet trucking companies routinely pressure drivers to violate these rules to meet delivery deadlines.
FMCSA Hours of Service Violations We Commonly See:
- Driving more than 11 hours after 10 consecutive hours off duty
- Driving beyond the 14-hour on-duty window
- Failing to take required 30-minute breaks after 8 hours of driving
- Exceeding 60/70-hour weekly limits without proper restarts
- Falsifying electronic logging device (ELD) records
In Hemphill County, we frequently see fatigue-related crashes on:
- I-40 during overnight hours when drivers should be resting
- US-83 during long-haul trips between Texas and the Dakotas
- Local routes serving oil field operations with 24/7 schedules
The Science of Fatigue:
Research shows that being awake for 18 hours produces impairment equivalent to a blood alcohol concentration of 0.05%. After 24 hours awake, impairment equals 0.10%—above the legal limit for driving. Fatigued drivers experience:
- Slowed reaction times
- Impaired judgment
- Reduced vigilance
- Microsleeps (brief periods of unconsciousness)
Distracted Driving: A Growing Threat
With the proliferation of in-cab technology, distracted driving has become a major factor in Hemphill County trucking accidents. Federal regulations (49 CFR § 392.82) prohibit hand-held mobile phone use, but we still see:
- Texting while driving
- Using GPS devices while moving
- Eating and drinking behind the wheel
- Adjusting dispatch systems while driving
- Reading paperwork or maps
Hemphill County-Specific Distraction Risks:
- Navigating unfamiliar oil field locations
- Checking load status with dispatch
- Responding to urgent messages about delivery times
- Adjusting routes due to road construction on I-40
Improper Maintenance: When Trucks Become Weapons
Trucking companies are required by federal regulations (49 CFR Part 396) to systematically inspect, repair, and maintain their vehicles. Yet we frequently find Hemphill County trucking companies cutting corners on maintenance to save money.
Common Maintenance Violations We Investigate:
- Worn brake pads or improperly adjusted brakes
- Bald or underinflated tires
- Faulty steering components
- Malfunctioning lights and signals
- Defective coupling devices
- Inoperable windshield wipers
- Missing or damaged mirrors
Hemphill County-Specific Maintenance Challenges:
- Dust and debris from agricultural operations clogging air filters
- Heat-related tire degradation on summer hauls
- Wear and tear from rough oil field roads
- Corrosion from winter road treatments
Cargo Securement Failures: When Loads Become Projectiles
Improperly secured cargo is a frequent cause of Hemphill County trucking accidents. Federal cargo securement regulations (49 CFR § 393.100-136) require loads to be contained, immobilized, and secured to prevent shifting. Yet we regularly see violations including:
- Insufficient tiedowns for the cargo weight
- Improper load distribution causing instability
- Failure to use blocking, bracing, or friction mats
- Overloaded trailers exceeding weight ratings
- Loose tarps allowing cargo to shift or fall
Hemphill County Cargo-Specific Risks:
- Agricultural products (grain, hay, livestock) that shift during transport
- Oil field equipment with irregular shapes and weights
- Construction materials for local infrastructure projects
- Hazardous materials from energy operations
The Catastrophic Injuries We See in Hemphill County Trucking Accidents
The physics of trucking accidents make catastrophic injuries the norm in Hemphill County. The size and weight disparity between 18-wheelers and passenger vehicles creates forces that overwhelm vehicle safety systems.
Traumatic Brain Injury (TBI)
TBI is one of the most common—and devastating—injuries we see in Hemphill County trucking accidents. The extreme forces cause the brain to impact the inside of the skull, resulting in:
- Concussions (mild TBI)
- Contusions (brain bruising)
- Diffuse axonal injury (shearing of brain tissue)
- Penetrating injuries
Symptoms May Include:
- Headaches and dizziness
- Memory loss and confusion
- Difficulty concentrating
- Mood changes and depression
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Lifetime Costs: $85,000 to $3,000,000+ depending on severity
Spinal Cord Injuries and Paralysis
The crushing forces in Hemphill County trucking accidents frequently cause spinal cord damage, often resulting in permanent paralysis:
| Injury Level | Type of Paralysis | Impact |
|---|---|---|
| C1-C4 | Quadriplegia | Loss of function in all four limbs; may require ventilator |
| C5-C8 | Quadriplegia | Loss of function in arms and legs; varying arm function |
| T1-T12 | Paraplegia | Loss of function in legs; upper body function preserved |
| L1-L5 | Paraplegia | Partial loss of function in hips and legs |
Lifetime Costs:
- Paraplegia: $1.1 million to $2.5 million
- Quadriplegia: $3.5 million to $5 million
Amputations
The extreme forces in Hemphill County trucking accidents often result in traumatic amputations or require surgical amputation of severely damaged limbs.
Types of Amputation Injuries:
- Traumatic amputation at the scene
- Surgical amputation due to crushing injuries
- Amputation from severe burns
- Amputation from infections
Ongoing Medical Needs:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
- Replacement prosthetics throughout lifetime
- Physical therapy and rehabilitation
- Occupational therapy for daily living skills
- Psychological counseling
Severe Burns
Burn injuries are particularly common in Hemphill County trucking accidents due to:
- Fuel tank ruptures and fires
- Hazardous material cargo spills
- Electrical fires from damaged wiring
- Friction burns from road contact
- Chemical burns from cargo spills
Burn Classification:
| Degree | Depth | Treatment Required |
|---|---|---|
| First | Epidermis only | Minor, heals without scarring |
| Second | Epidermis and dermis | May scar, may need grafting |
| Third | Full thickness | Requires skin grafts, permanent scarring |
| Fourth | Through skin to muscle/bone | Multiple surgeries, possible amputation |
Long-Term Consequences:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Wrongful Death
When trucking accidents claim lives in Hemphill County, surviving family members may pursue wrongful death claims to recover:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses incurred prior to death
- Pain and suffering experienced by the decedent before death
- Punitive damages in cases of gross negligence
Who Is Liable for Your Hemphill County Trucking Accident?
One of the most important aspects of trucking accident cases is that MULTIPLE parties can be held liable. Unlike car accidents where typically only one driver is at fault, trucking accidents often involve a web of companies and individuals who all contributed to the dangerous conditions.
The Truck Driver
The driver who caused your Hemphill County accident may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone use, GPS, dispatch communications)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
- Improper lane changes or failure to yield
The Trucking Company / Motor Carrier
The trucking company is often the most important defendant because they have the deepest pockets (highest insurance limits) and the most responsibility for safety.
Vicarious Liability:
Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment.
Direct Negligence:
Trucking companies can be directly liable for:
- Negligent Hiring: Failing to check driver’s background, driving record, or qualifications
- Negligent Training: Providing inadequate safety training
- Negligent Supervision: Failing to monitor driver performance and compliance
- Negligent Maintenance: Failing to maintain vehicles in safe condition
- Negligent Scheduling: Pressuring drivers to violate hours-of-service regulations
The Cargo Owner / Shipper
The company that owns the cargo and arranged for its shipment may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous nature of cargo
- Requiring overweight loading
- Pressuring carrier to expedite beyond safe limits
- Misrepresenting cargo weight or characteristics
The Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for:
- Improper cargo securement (violating 49 CFR 393)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, or tiedowns
- Not training loaders on securement requirements
Truck and Trailer Manufacturers
The companies that manufactured the truck, trailer, or major components may be liable for:
- Design defects (brake systems, stability control, fuel tank placement)
- Manufacturing defects (faulty welds, component failures)
- Failure to warn of known dangers
- Defective safety systems (ABS, ESC, collision warning)
Parts Manufacturers
Companies that manufacture specific parts (brakes, tires, steering components) may be liable for:
- Defective brakes or brake components
- Defective tires causing blowouts
- Defective steering mechanisms
- Defective lighting components
- Defective coupling devices
Maintenance Companies
Third-party maintenance companies that service trucking fleets 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
Freight Brokers
Freight brokers who arrange transportation but don’t own trucks 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
Government Entities
Federal, state, or local government may be liable in limited circumstances 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 Critical 48-Hour Evidence Preservation Protocol
In Hemphill County trucking accident cases, evidence disappears FAST. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
Why 48 Hours Matters
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
The Spoliation Letter: Your First Line of Defense
At Attorney911, we send formal spoliation letters IMMEDIATELY—within 24-48 hours of being retained. This legal notice demands preservation of all evidence related to your Hemphill County accident.
What Our Spoliation Letter Demands:
Electronic Data:
- Engine Control Module (ECM) / Electronic Control Unit (ECU) data
- Event Data Recorder (EDR) data
- Electronic Logging Device (ELD) records
- GPS and telematics data
- Dashcam and forward-facing camera footage
- Dispatch communications and messaging
- Cell phone records and text messages
- Qualcomm or fleet management system data
Driver Records:
- Complete Driver Qualification File
- Employment application and resume
- Background check and driving record
- Previous employer verification
- Medical certification and exam records
- Drug and alcohol test results
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records:
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
Company Records:
- Hours of service records for 6 months prior
- Dispatch logs and trip records
- Bills of lading and cargo documentation
- Insurance policies
- Safety policies and procedures
- Training curricula
- Hiring and supervision policies
Physical Evidence:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
ECM/Black Box Data: The Objective Truth
Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box but for trucks.
Types of Electronic Recording:
| System | What It Records |
|---|---|
| ECM (Engine Control Module) | Engine performance, speed, throttle, RPM, cruise control, fault codes |
| EDR (Event Data Recorder) | Pre-crash data triggered by sudden deceleration or airbag deployment |
| ELD (Electronic Logging Device) | Driver hours, duty status, GPS location, driving time |
| Telematics | Real-time GPS tracking, speed, route, driver behavior |
| Dashcam | Video of road ahead, some record cab interior |
Critical Data Points We Recover:
- Speed Before Crash: Proves speeding or excessive speed for conditions
- Brake Application: Shows when and how hard brakes were applied
- Throttle Position: Reveals if driver was accelerating or coasting
- Following Distance: Calculated from speed and deceleration data
- Hours of Service: Proves fatigue and HOS violations
- GPS Location: Confirms route and timing
- Fault Codes: May reveal known mechanical issues driver ignored
Why This Data Wins Cases:
ECM/ELD data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases across Texas, including Hemphill County.
How We Investigate Your Hemphill County Trucking Accident
Phase 1: Immediate Response (0-72 Hours)
- Accept your case and send preservation letters same day
- Deploy accident reconstruction expert to scene if needed
- Obtain police crash report from Hemphill County authorities
- Photograph your injuries with medical documentation
- Photograph all vehicles before they are repaired or scrapped
- Identify all potentially liable parties
Phase 2: Evidence Gathering (Days 1-30)
- Subpoena ELD/black box data downloads
- Request driver’s paper log books (backup documentation)
- Obtain complete Driver Qualification File from carrier
- Request all truck maintenance and inspection records
- Obtain carrier’s CSA safety scores and inspection history
- Order driver’s complete Motor Vehicle Record (MVR)
- Subpoena driver’s cell phone records
- Obtain dispatch records and delivery schedules
Phase 3: Expert Analysis
- Accident reconstruction specialist creates crash analysis
- Medical experts establish causation and future care needs
- Vocational experts calculate lost earning capacity
- Economic experts determine present value of all damages
- Life care planners develop comprehensive care plans for catastrophic injuries
- FMCSA regulation experts identify all violations
Phase 4: Litigation Strategy
- File lawsuit in Hemphill County courts before statute of limitations expires
- Pursue aggressive discovery against all potentially liable parties
- Depose truck driver, dispatcher, safety manager, maintenance personnel
- Build case for trial while negotiating settlement from position of strength
- Prepare every case as if going to trial (creates leverage in negotiations)
The Multi-Million Dollar Advantage: Why Choose Attorney911
25+ Years of Trucking Litigation Experience
Our managing partner, Ralph Manginello, has been fighting for truck accident victims since 1998. With over 25 years of experience handling 18-wheeler cases across Texas, including Hemphill County, Ralph has the courtroom credentials and negotiation skills to maximize your recovery.
Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas—a critical advantage for interstate trucking cases that may be filed in federal court. This federal court experience allows us to handle complex cases involving multiple jurisdictions.
Former Insurance Defense Attorney on Staff
Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm before joining Attorney911. This gives us an insider’s view of how trucking insurance companies evaluate, minimize, and deny claims. Lupe knows every tactic they’ll use against you—and now he uses that knowledge to fight for you.
“Our firm includes Lupe Peña, a former insurance defense attorney who spent years INSIDE the system. He watched adjusters minimize claims. He saw how they train their people to lowball victims. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation.”
Multi-Million Dollar Results
We’ve recovered millions for Hemphill County families devastated by trucking accidents:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- Millions recovered for families in trucking-related wrongful death cases
Proven Track Record Against Major Trucking Companies
We’ve successfully litigated against:
- Walmart trucking operations
- Coca-Cola distribution vehicles
- Amazon delivery trucks
- FedEx trucks
- UPS trucks
- Various commercial trucking companies
4.9-Star Client Satisfaction
With 251+ Google reviews and a 4.9-star average, our clients consistently praise our dedication, communication, and results:
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
Hemphill County-Specific Knowledge
We know Hemphill County’s trucking corridors, from I-40 to US-83 to the local routes serving our oil fields and agricultural operations. This local knowledge, combined with our understanding of FMCSA regulations, gives us an advantage in building your case.
Contingency Fee Representation
You pay nothing unless we win your case. We advance all costs of investigation and litigation. When we recover compensation for you, our fee comes from the settlement—you never receive a bill from us.
The Hemphill County Trucking Accident Claim Process
Step 1: Free Case Evaluation
Call us 24/7 at 1-888-ATTY-911 for a free, no-obligation consultation. We’ll evaluate:
- The circumstances of your Hemphill County accident
- The severity of your injuries
- Potential liable parties
- Available insurance coverage
- Your legal options
Step 2: Immediate Evidence Preservation
Within 24-48 hours, we’ll:
- Send formal spoliation letters to all potentially liable parties
- Demand preservation of ECM/black box data
- Secure ELD records before they’re overwritten
- Obtain dashcam footage before it’s deleted
- Collect witness statements while memories are fresh
Step 3: Comprehensive Investigation
Our team will:
- Obtain police crash reports from Hemphill County authorities
- Analyze ECM/ELD data for violations
- Review Driver Qualification Files for negligent hiring
- Examine maintenance records for deferred repairs
- Consult accident reconstruction experts
- Interview witnesses and first responders
Step 4: Medical Treatment and Documentation
We’ll help you:
- Get immediate medical attention for your injuries
- Document all treatment and expenses
- Connect with specialists for long-term care needs
- Calculate future medical costs
- Develop a life care plan for catastrophic injuries
Step 5: Demand Letter and Negotiation
We’ll prepare a comprehensive demand package including:
- Detailed accident report
- Medical records and bills
- Lost wage documentation
- Pain and suffering analysis
- Future care needs assessment
- Liability analysis
We’ll negotiate aggressively with the insurance companies, rejecting lowball offers and fighting for maximum compensation.
Step 6: Litigation (If Necessary)
If a fair settlement cannot be reached, we’ll:
- File a lawsuit in Hemphill County courts
- Conduct depositions of all involved parties
- Pursue aggressive discovery to uncover all evidence
- Prepare for trial with expert witnesses
- Present your case to a jury if necessary
Step 7: Resolution
Your case will resolve through:
- Settlement agreement
- Mediation
- Arbitration
- Jury verdict
Hemphill County-Specific Legal Considerations
Texas Statute of Limitations
In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. However, you should never wait. Evidence disappears quickly in trucking cases, and insurance companies begin building their defenses immediately.
Texas Comparative Negligence Rules
Texas follows a “modified comparative negligence” system with a 51% bar rule. This means:
- If you are 50% or less at fault, you can recover damages
- Your recovery is reduced by your percentage of fault
- If you are 51% or more at fault, you cannot recover anything
Example: If you are found 20% at fault and your damages total $1,000,000, you would recover $800,000.
Damage Caps in Texas
Texas has specific rules regarding damage caps that may affect your Hemphill County case:
- Economic Damages: No cap (medical expenses, lost wages, property damage)
- Non-Economic Damages: No cap for most personal injury cases
- Punitive Damages: Capped at the greater of:
- $200,000, OR
- Two times economic damages plus non-economic damages (up to $750,000)
Hemphill County Court System
Trucking accident cases in Hemphill County are typically filed in:
- Hemphill County District Court (for cases exceeding $200,000)
- Hemphill County Court at Law (for cases between $200 and $10,000)
- Hemphill County Justice of the Peace Court (for cases under $10,000)
Our firm has experience navigating the Hemphill County court system and understands the local judges, procedures, and jury pools.
What to Do If You’ve Been in a Hemphill County Trucking Accident
At the Scene
- Call 911 – Report the accident and request medical assistance
- Seek Medical Attention – Even if you feel okay, get checked out immediately
- Document the Scene – Take photos and videos of:
- All vehicles involved
- Vehicle damage (interior and exterior)
- Road conditions and skid marks
- Traffic signs and signals
- Your injuries
- The surrounding area
- Collect Information – Get:
- Truck driver’s name, CDL number, and contact information
- Trucking company name and DOT number
- License plate numbers for all vehicles
- Insurance information for all parties
- Names and contact information for witnesses
- Do NOT Give Statements – Do not provide recorded statements to any insurance company
- Call Attorney911 – Contact us immediately at 1-888-ATTY-911
In the Following Days
- Follow Your Doctor’s Orders – Attend all medical appointments and follow treatment plans
- Document Everything – Keep records of:
- Medical visits and expenses
- Medications prescribed
- Time missed from work
- How your injuries affect daily activities
- Pain levels and symptoms
- Do NOT Post on Social Media – Insurance companies will use your posts against you
- Do NOT Sign Anything – Do not sign any documents from insurance companies without consulting us
- Stay in Communication – Keep us updated on your medical condition and any new developments
Frequently Asked Questions About Hemphill County Trucking Accidents
What should I do immediately after an 18-wheeler accident in Hemphill County?
If you’ve been in a trucking accident in Hemphill 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 at 1-888-ATTY-911
Should I go to the hospital after a truck accident even if I feel okay?
YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Hemphill County hospitals like Hemphill County Hospital can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney?
IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
Who can I sue after an 18-wheeler accident in Hemphill County?
Multiple parties may be liable in trucking accidents:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:
- Negligent hiring (hiring unqualified drivers)
- Negligent training (inadequate safety training)
- Negligent supervision (failing to monitor driver behavior)
- Negligent maintenance (poor vehicle upkeep)
What if the truck driver says the accident was my fault?
Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.
What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data—similar to airplane black boxes but for trucks. This data can show:
- Speed before and during the crash
- Brake application timing
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation—a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
What injuries are common in 18-wheeler accidents in Hemphill County?
Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:
- Traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Multiple fractures
- Wrongful death
How much are 18-wheeler accident cases worth in Hemphill County?
Case values depend on many factors:
- Severity of injuries
- Medical expenses (past and future)
- Lost income and earning capacity
- Pain and suffering
- Degree of defendant’s negligence
- Insurance coverage available
Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.
What if my loved one was killed in a trucking accident in Hemphill County?
Texas allows wrongful death claims by surviving family members. You may recover:
- Lost future income
- Loss of companionship and guidance
- Mental anguish
- Funeral expenses
- Punitive damages if gross negligence
Time limits apply—contact us immediately to protect your rights.
How long do I have to file an 18-wheeler accident lawsuit in Hemphill County?
The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
Do I need to pay anything upfront to hire your firm?
NO. We work on contingency—you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.
The Attorney911 Difference: Why We’re the Right Choice for Your Hemphill County Case
We Know How Insurance Companies Think
Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows exactly how insurance companies evaluate claims, train their adjusters, and try to minimize payouts. Now he uses that insider knowledge to fight for you.
We Have the Resources to Win
Trucking cases require significant investment in:
- Accident reconstruction experts
- Medical specialists
- Vocational experts
- Economic analysts
- Life care planners
- FMCSA regulation experts
We have the financial resources to advance these costs and build the strongest possible case for you.
We Prepare Every Case for Trial
While most cases settle, we prepare every case as if it’s going to trial. This approach:
- Creates maximum leverage in settlement negotiations
- Shows insurance companies we’re serious
- Positions us to win at trial if necessary
- Results in higher settlements for our clients
We Offer Personalized Attention
Unlike large firms that treat you like a case number, we treat our Hemphill County clients like family. You’ll work directly with our attorneys and have 24/7 access to your legal team.
We Speak Spanish
Hablamos Español. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Many of Hemphill County’s truck drivers and accident victims speak Spanish as their primary language, and we’re committed to serving this community.
We Have Offices Across Texas
With offices in Houston, Austin, and Beaumont, we’re never far from Hemphill County. We can meet with you in person or handle your case remotely—whatever works best for you.
Call Attorney911 Now: 1-888-ATTY-911
If you or a loved one has been injured in a trucking accident in Hemphill County, don’t wait. Evidence is disappearing every hour. The trucking company has lawyers working to protect their interests—you need someone protecting yours.
Call Attorney911 now at 1-888-ATTY-911 for a free, no-obligation consultation. We’ll evaluate your case, explain your legal options, and start building your claim immediately.
Remember:
- We work on contingency—you pay nothing unless we win
- We advance all case costs
- We have 25+ years of trucking litigation experience
- We include a former insurance defense attorney on our team
- We’ve recovered millions for truck accident victims
- We treat our Hemphill County clients like family
“When an 80,000-pound truck changes your family’s life forever, you need a lawyer who treats you like family.”
— Attorney911
Don’t let the trucking company take advantage of you. Call 1-888-ATTY-911 now and let us fight for the compensation you deserve.