18-Wheeler Accidents in Kaufman County: Your Complete Legal Guide

The Moment Everything Changed

You were driving home from work. Maybe you were headed to Terrell for groceries, or coming back from a weekend at Cedar Creek Lake. The road was familiar – maybe Highway 175, or Interstate 20 near Forney. Then, in an instant, an 80,000-pound 18-wheeler was in your path. The impact was catastrophic. The sound was deafening. The pain came later.

If this was your experience in Kaufman County, you’re not alone. Every year, thousands of Texans are injured in commercial truck accidents. But here’s what most people don’t realize: these aren’t just bigger car accidents. They’re legal emergencies that require immediate action to protect your rights and preserve evidence that could disappear within days.

At Attorney911, we’ve been fighting for truck accident victims across Kaufman County for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts against some of the largest trucking companies in America. We know Kaufman County’s highways, we know the local courts, and we know how to hold negligent trucking companies accountable.

Why Kaufman County Trucking Accidents Are Different

Kaufman County sits at a critical crossroads for Texas freight traffic. Interstate 20 runs through the southern part of the county, connecting Dallas to Shreveport and beyond. Highway 175 serves as a vital north-south corridor. These routes carry massive volumes of commercial traffic – oil field equipment, agricultural products from the rich farmland around Kaufman and Kemp, and consumer goods destined for the Dallas-Fort Worth metroplex.

The trucking corridors serving Kaufman County include:

I-20 corridor – Heavy east-west freight traffic between Dallas and East Texas
Highway 175 – North-south route carrying agricultural and oil field equipment
Highway 80 – Connecting Kaufman County to the Dallas metro area
Highway 34 – Serving the northern part of the county
Local distribution routes – Trucks serving businesses in Forney, Terrell, Kaufman, and surrounding communities

This high volume of commercial traffic creates unique risks for Kaufman County drivers. The mix of local commuters, agricultural vehicles, and long-haul trucks creates dangerous conditions, especially during harvest seasons and holiday shipping periods.

The Physics of Destruction: Why Truck Accidents Are So Deadly

An 18-wheeler isn’t just a big car. The physics make these accidents fundamentally different:

Weight: A fully loaded 18-wheeler can weigh up to 80,000 pounds – 20-25 times more than your passenger vehicle
Stopping distance: At 65 mph, a truck needs approximately 525 feet to stop – nearly two football fields
Force: The kinetic energy of an 80,000-pound truck at highway speed is roughly 80 times that of a passenger car
Blind spots: Trucks have massive “No-Zones” where drivers can’t see smaller vehicles
Trailer swing: The trailer can swing out during turns, creating wide paths that sweep across multiple lanes

In Kaufman County, these factors are amplified by local conditions. The rolling hills and curves of our rural highways create visibility challenges. Sudden weather changes – from intense heat to severe thunderstorms – affect truck handling. And the mix of local traffic with long-haul trucks creates dangerous situations where drivers unfamiliar with local roads make sudden maneuvers.

Common Types of 18-Wheeler Accidents in Kaufman County

Jackknife Accidents

Jackknife accidents occur when the trailer swings out perpendicular to the cab, forming an angle like a folding pocket knife. These are particularly common on Kaufman County’s highways during wet conditions or when drivers brake suddenly.

What causes jackknife accidents in Kaufman County?

Sudden braking on wet or icy roads
Speeding on curves (especially on Highway 175)
Empty or improperly loaded trailers
Worn brakes or brake system failures
Driver inexperience with local road conditions
Overcorrection after running off the road

Why they’re so dangerous:
The swinging trailer can block multiple lanes of traffic, creating chain-reaction crashes. In Kaufman County, where emergency response times can be longer due to rural locations, these accidents often result in catastrophic injuries before help arrives.

Underride Collisions

Underride collisions are among the most deadly truck accidents. They occur when a smaller vehicle slides underneath the trailer of an 18-wheeler. The trailer’s height often shears off the top of the passenger vehicle.

Two types of underride accidents:

Rear underride: When a vehicle strikes the back of a trailer
Side underride: When a vehicle strikes the side of a trailer during lane changes or turns

Kaufman County underride risks:

Poorly lit rural intersections
Trucks making wide turns at night
Sudden stops on highways without proper warning
Trailers without proper underride guards

Federal safety standards:

Rear impact guards required on trailers manufactured after January 26, 1998
Guards must prevent underride at 30 mph impact
No federal requirement for side underride guards (despite advocacy efforts)

Rollovers

Rollover accidents occur when an 18-wheeler tips onto its side or roof. These are particularly common on Kaufman County’s rural roads where curves and hills combine with high speeds.

What causes rollovers in Kaufman County?

Speeding on curves (especially on Highway 175 between Kaufman and Seven Points)
Improperly secured or unevenly distributed cargo
Liquid cargo “slosh” shifting center of gravity
Driver fatigue causing delayed reactions
Overcorrection after tire blowouts
Poor road conditions (shoulder drop-offs, soft shoulders)

Why they’re so dangerous:
Rollover accidents often result in:

Crushing injuries to vehicles trapped beneath the trailer
Cargo spills that create secondary accidents
Multi-vehicle pileups as other drivers swerve to avoid the overturned truck
Hazardous material spills (especially on I-20)

Rear-End Collisions

Rear-end collisions are the second most common type of large truck crash. Due to their massive weight, trucks cause devastating damage when they strike vehicles from behind.

Why rear-end collisions are common in Kaufman County:

Following too closely on highways
Driver distraction (cell phones, dispatch communications)
Driver fatigue and delayed reaction times
Brake failures from poor maintenance
Failure to anticipate traffic slowdowns
Impaired driving (drugs, alcohol)

The physics of truck rear-end collisions:

A truck traveling at 65 mph needs 525 feet to stop
A passenger car at the same speed needs only 300 feet
This 40% longer stopping distance means trucks cannot avoid obstacles as quickly

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents, also known as “squeeze play” accidents, occur when an 18-wheeler swings wide to make 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.

Why trucks make wide turns:

The trailer tracks inside the path of the cab
Drivers must swing wide to avoid curbs, signs, or buildings
Kaufman County’s rural intersections often have limited turning space

Where these accidents happen in Kaufman County:

Intersections in downtown Kaufman and Terrell
Highway 175 intersections with county roads
Truck stops and gas stations
Warehouse and distribution centers

Blind Spot Collisions (“No-Zone” Accidents)

Trucks have massive blind spots where drivers cannot see smaller vehicles. These are called “No-Zones.”

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 cab door backward
Right Side No-Zone: Extends from cab door backward – the most dangerous (much larger than the left side)

Kaufman County blind spot risks:

Lane changes on I-20
Merging onto highways
Trucks turning right from the left lane
Rural roads with limited visibility

Tire Blowouts

Tire blowouts are a significant hazard on Kaufman County’s highways, especially during our hot Texas summers.

Why tire blowouts are common in Kaufman County:

Extreme heat (100°F+ temperatures common in summer)
Long stretches of highway without services
Overloaded vehicles
Poor tire maintenance
Road debris (especially on rural highways)

Statistics:

Tire blowouts cause approximately 11,000 crashes annually nationwide
Steer tire (front) blowouts are especially dangerous
“Road gators” (tire debris) cause thousands of secondary accidents

Brake Failures

Brake problems are a factor in approximately 29% of large truck crashes. In Kaufman County, brake failures are particularly dangerous due to our rolling terrain and long descents.

Common brake failure causes:

Worn brake pads or shoes not replaced
Improper brake adjustment (too loose)
Air brake system leaks or failures
Overheated brakes (brake fade) on long descents
Contaminated brake fluid
Defective brake components
Failure to conduct pre-trip brake inspections

Kaufman County brake failure risks:

Long descents on Highway 175
Stop-and-go traffic in Forney and Terrell
Sudden stops on I-20
Poorly maintained rural roads

Cargo Spill/Shift Accidents

Cargo securement violations are among the top 10 most common FMCSA violations. In Kaufman County, agricultural products, oil field equipment, and consumer goods create unique cargo risks.

Types of cargo accidents:

Cargo Shift: Load moves during transit, destabilizing the truck
Cargo Spill: Load falls from truck onto roadway
Hazmat Spill: Hazardous materials leak or spill

Kaufman County cargo risks:

Agricultural products (hay, grain, livestock)
Oil field equipment
Construction materials
Consumer goods from Dallas distribution centers

FMCSA cargo securement requirements:

Cargo must be contained, immobilized, or secured
Securement systems must withstand specific forces
Specific requirements for different cargo types

The Trucking Company Playbook: What They Do After an Accident

Within hours of your accident in Kaufman County, the trucking company’s rapid-response team springs into action. Their goal? Protect their interests, not yours. Here’s what they’re doing while you’re in the hospital:

Dispatching investigators to the scene to document evidence that helps their case
Downloading ECM/black box data before it can be overwritten
Interviewing their driver to get a statement that minimizes their liability
Preserving the truck in a way that protects their interests (not yours)
Contacting witnesses to get statements that support their version of events
Preparing a spoliation defense in case they destroy evidence
Calculating their exposure and preparing a lowball settlement offer

Meanwhile, you’re dealing with:

Physical pain and injuries
Medical bills piling up
Lost wages from missed work
Insurance adjusters calling with questions
The emotional trauma of the accident

This is why you need your own team fighting for you. At Attorney911, we move just as fast as the trucking companies – often faster. We send spoliation letters immediately to preserve evidence. We deploy our own investigators. We start building your case from day one.

The 48-Hour Evidence Preservation Protocol

In trucking accident cases, evidence disappears fast. Here’s what’s at risk and why you must act immediately:

Evidence Type	Destruction Risk	What It Proves
ECM/Black Box Data	Overwrites in 30 days or with new driving events	Speed, braking, throttle position, fault codes
ELD Data	May be retained only 6 months	Hours of service violations, fatigue
Dashcam Footage	Often deleted within 7-14 days	What happened before the crash
Surveillance Video	Business cameras typically overwrite in 7-30 days	Accident dynamics, witness behavior
Witness Memory	Fades significantly within weeks	What they saw, who was at fault
Physical Evidence	Vehicle may be repaired, sold, or scrapped	Damage patterns, mechanical failures
Drug/Alcohol Tests	Must be conducted within specific windows	Impairment at time of accident

Our Immediate Action Protocol for Kaufman County Cases:

Send spoliation letters within 24-48 hours to all potentially liable parties
Demand preservation of ECM, ELD, dashcam, and GPS data
Subpoena cell phone records to prove distracted driving
Obtain police crash reports and 911 call recordings
Canvass the scene for security camera footage from nearby businesses
Photograph all damage before vehicles are moved or repaired
Interview witnesses before memories fade
Hire accident reconstruction experts for complex crashes

FMCSA Regulations: The Trucking Company’s Rulebook

The Federal Motor Carrier Safety Administration (FMCSA) regulates every aspect of commercial trucking. These regulations are your most powerful tool for proving negligence.

Part 390: General Applicability

Who must comply:

All motor carriers operating commercial motor vehicles (CMVs) in interstate commerce
All drivers of CMVs in interstate commerce
All vehicles with GVWR over 10,001 lbs
All vehicles designed to transport 16+ passengers (including driver)
All vehicles transporting hazardous materials requiring placards

Why this matters for your Kaufman County case:
If the truck involved in your accident was engaged in interstate commerce (which most are, even if just passing through), these federal regulations apply. Violations create strong evidence of negligence.

Part 391: Driver Qualification Standards

Minimum driver qualifications (49 CFR § 391.11):

At least 21 years old (18 for intrastate only)
Can read and speak English sufficiently
Can safely operate the CMV and cargo type
Physically qualified under § 391.41
Valid commercial motor vehicle operator’s license (CDL)
Completed a driver’s road test or equivalent
Not disqualified under § 391.15

Driver Qualification File requirements (49 CFR § 391.51):
Motor carriers must maintain a file for every driver containing:

Employment application
Motor vehicle record from state licensing authority
Road test certificate or equivalent
Medical examiner’s certificate (valid for max 2 years)
Annual driving record review
Previous employer inquiries (3-year history)
Drug and alcohol test records

Why this matters for your case:
If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, we can prove negligent hiring.

Part 392: Driving Rules

Key regulations that cause accidents:

Regulation	What It Prohibits	Common Violations
§ 392.3	Driving while ill or fatigued	Driving beyond HOS limits
§ 392.4	Driving under influence of drugs	Failed drug tests, on-duty impairment
§ 392.5	Driving under influence of alcohol	.04 BAC or higher, on-duty drinking
§ 392.6	Speeding for conditions	Excessive speed on wet roads
§ 392.11	Following too closely	Tailgating, inadequate stopping distance
§ 392.80	Texting while driving	Distracted driving violations
§ 392.82	Hand-held phone use	Distracted driving violations

Why this matters for your case:
These regulations make BOTH the driver AND the trucking company liable when violations cause accidents. We use these violations to prove negligence and build your case.

Part 393: Vehicle Safety Standards

Critical vehicle safety requirements:

System	Requirements	Common Violations
Brakes	Properly functioning service and emergency brakes	Worn pads, improper adjustment, leaks
Lighting	Headlamps, tail lamps, stop lamps, clearance lamps	Burned-out bulbs, missing reflectors
Tires	Minimum tread depth (4/32″ steer, 2/32″ others)	Bald tires, underinflation, mismatched duals
Cargo Securement	Contained, immobilized, or secured	Inadequate tiedowns, unbalanced loads
Underride Guards	Required on trailers manufactured after 1/26/98	Missing or damaged guards

Why this matters for your case:
Vehicle maintenance violations create strong evidence of negligence. We subpoena maintenance records to prove the trucking company knew or should have known about dangerous conditions.

Part 395: Hours of Service (HOS) Regulations

These are the most commonly violated regulations in trucking accidents.

Property-Carrying Drivers (Most 18-Wheelers):

Rule	Requirement	Violation Consequence
11-Hour Driving Limit	Cannot drive more than 11 hours after 10 consecutive hours off duty	Fatigue-related accidents
14-Hour Duty Window	Cannot drive beyond 14th consecutive hour after coming on duty	Driver exhaustion
30-Minute Break	Must take 30-minute break after 8 cumulative hours of driving	Impaired alertness
60/70-Hour Limit	Cannot drive after 60 hours in 7 days or 70 hours in 8 days	Cumulative fatigue
34-Hour Restart	Can restart 60/70-hour clock with 34 consecutive hours off	Inadequate recovery

Why this matters for your case:
Fatigued driving causes approximately 31% of fatal truck crashes. HOS violations are among the strongest evidence of negligence we find in Kaufman County trucking cases.

Part 396: Inspection and Maintenance

Maintenance requirements:

Requirement	What It Means	Common Violations
Systematic maintenance	Regular, documented upkeep	Deferred maintenance
Pre-trip inspections	Driver must inspect before each trip	Skipped inspections
Post-trip reports	Driver must report defects after each trip	Ignored defects
Annual inspections	Comprehensive inspection every 12 months	Expired inspections
Record retention	Maintenance records kept for 1 year	Missing records

Why this matters for your case:
Brake failures, tire blowouts, and other mechanical failures often result from maintenance violations. We subpoena maintenance records to prove the trucking company’s negligence.

All the Parties Who Could Be Liable for Your Injuries

In a typical car accident, one driver is usually at fault. In 18-wheeler accidents, multiple parties can share responsibility. Here’s who we investigate in every Kaufman County trucking case:

1. The Truck Driver

The driver who caused the accident may be personally liable for their negligent conduct.

Common driver negligence:

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

Evidence we pursue:

Driver’s driving record and history
ELD data showing hours of service
Drug and alcohol test results
Cell phone records
Previous accident history
Training records

2. The Trucking Company / Motor Carrier

The trucking company is often the most important defendant because they have the deepest pockets (highest insurance) and the most responsibility for safety.

Bases for trucking company liability:

Vicarious Liability (Respondeat Superior):

The driver was an employee (not independent contractor)
Acting within the scope of employment
Performing job duties when accident occurred

Direct Negligence:

Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
Negligent Training: Inadequate training on safety, cargo securement, hours of service
Negligent Supervision: Failed to monitor driver performance, ELD compliance
Negligent Maintenance: Failed to maintain vehicle in safe condition
Negligent Scheduling: Pressured drivers to violate HOS regulations

Evidence we pursue:

Driver Qualification File (or lack thereof)
Hiring policies and background check procedures
Training records and curricula
Supervision and monitoring practices
Dispatch records showing schedule pressure
Safety culture documentation
Previous accident/violation history
CSA (Compliance, Safety, Accountability) scores

Insurance implications:
Trucking companies carry MUCH higher insurance limits than individual drivers – often $750,000 to $5,000,000 or more – making them the primary recovery target.

3. Cargo Owner / Shipper

The company that owns the cargo and arranged for its shipment may be liable.

Bases for shipper liability:

Provided improper loading instructions
Failed to disclose hazardous nature of cargo
Required overweight loading
Pressured carrier to expedite beyond safe limits
Misrepresented cargo weight or characteristics

Evidence we pursue:

Shipping contracts and bills of lading
Loading instructions provided
Hazmat disclosure documentation
Weight certification records

4. Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for improper securement.

Bases for loading company liability:

Improper cargo securement (49 CFR 393 violations)
Unbalanced load distribution
Exceeding vehicle weight ratings
Failure to use proper blocking, bracing, tiedowns
Not training loaders on securement requirements

Evidence we pursue:

Loading company securement procedures
Loader training records
Securement equipment used
Weight distribution documentation

5. Truck and Trailer Manufacturer

The company that manufactured the truck, trailer, or major components may be liable for defects.

Bases for manufacturer liability:

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)

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 (brakes, tires, steering components) may be liable for defective products.

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

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs.

Bases for maintenance company liability:

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

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 carrier with poor safety record
Failure to verify carrier insurance and authority
Failure to check carrier CSA scores
Selecting 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. Truck Owner (If Different from Carrier)

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

Bases for owner liability:

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

Evidence we pursue:

Lease agreements
Maintenance responsibility allocations
Owner’s knowledge of driver history

10. Government Entity

Federal, state, or local government may be liable in limited circumstances.

Bases for government liability:

Dangerous road design that contributed to 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
Must prove actual notice of dangerous condition in many cases

Evidence we pursue:

Road design specifications
Maintenance records
Prior accident history at location
Citizen complaints about condition

The Catastrophic Injuries That Change Lives Forever

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. Here’s what we see in Kaufman County trucking accident cases:

Traumatic Brain Injury (TBI)

What it is:
TBI occurs when a sudden trauma causes damage to the brain. In 18-wheeler accidents, the extreme forces cause the brain to impact the inside of the skull.

Severity levels:

Level	Symptoms	Prognosis
Mild (Concussion)	Confusion, headache, brief loss of consciousness	Usually recovers, but may have lasting effects
Moderate	Extended unconsciousness, memory problems, cognitive deficits	Significant recovery possible with rehabilitation
Severe	Extended coma, permanent cognitive impairment	Lifelong disability, may require 24/7 care

Common symptoms:

Headaches, dizziness, nausea
Memory loss, confusion
Difficulty concentrating
Mood changes, depression, anxiety
Sleep disturbances
Sensory problems (vision, hearing, taste)
Speech difficulties
Personality changes

Lifetime care costs: $85,000 to $3,000,000+ depending on severity

Spinal Cord Injury

What it is:
Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.

Types of paralysis:

Type	Definition	Impact
Paraplegia	Loss of function below the waist	Cannot walk, may affect bladder/bowel control
Quadriplegia	Loss of function in all four limbs	Cannot walk or use arms, may need breathing assistance
Incomplete Injury	Some nerve function remains	Variable – may have some sensation or movement
Complete Injury	No nerve function below injury	Total loss of sensation and movement

Level of injury matters:

Higher injuries (cervical spine) affect more body functions
C1-C4 injuries may require ventilator for breathing
Lower injuries (lumbar) affect legs but not arms

Lifetime care costs:

Paraplegia (low): $1.1 million+
Paraplegia (high): $2.5 million+
Quadriplegia (low): $3.5 million+
Quadriplegia (high): $5 million+

Amputation

Types of amputation:

Traumatic Amputation: Limb severed at the scene due to crash forces
Surgical Amputation: Limb so severely damaged it must be surgically removed

Common in 18-wheeler accidents due to:

Crushing forces from truck impact
Entrapment requiring amputation for extraction
Severe burns requiring surgical removal
Infections from open wounds

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

Impact on life:

Permanent disability
Career limitations or total disability
Phantom limb pain
Body image and psychological trauma
Need for home modifications
Dependency on others for daily activities

Severe Burns

How burns occur in 18-wheeler accidents:

Fuel tank rupture and fire
Hazmat cargo spills and ignition
Electrical fires from battery/wiring damage
Friction burns from road contact
Chemical burns from hazmat exposure

Burn classification:

Degree	Depth	Treatment
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, amputation may be required

Long-term consequences:

Permanent scarring and disfigurement
Multiple reconstructive surgeries
Skin graft procedures
Chronic pain
Infection risks
Psychological trauma

Internal Organ Damage

Common internal injuries:

Liver laceration or rupture
Spleen damage requiring removal
Kidney damage
Lung contusion or collapse (pneumothorax)
Internal bleeding (hemorrhage)
Bowel and intestinal damage

Why dangerous:

May not show immediate symptoms
Internal bleeding can be life-threatening
Requires emergency surgery
Organ removal affects long-term health

Wrongful Death

When a trucking accident kills:

Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.

Who can bring a wrongful death claim in Texas:

Surviving spouse
Children (minor and adult)
Parents (especially if no spouse or children)
Estate representative

Types of claims:

Wrongful Death Action: Compensation for survivors’ losses
Survival Action: Compensation for decedent’s pain/suffering before death

Damages available under Texas law:

Lost income and employment benefits (past and future projected)
Loss of consortium (spousal companionship and relationship)
Loss of parental guidance and nurturing (for surviving children)
Mental anguish and emotional distress (for surviving family)
Funeral and burial expenses
Medical expenses incurred prior to death
Pain and suffering experienced by decedent before death
Punitive damages (in cases of gross negligence, recklessness, or malice)

Texas statute of limitations: 2 years from date of death to file wrongful death lawsuit

The Multi-Million Dollar Results That Are Possible

Trucking companies carry higher insurance limits than typical drivers, and juries are increasingly willing to hold them accountable. Here’s what’s possible in Kaufman County trucking accident cases:

Recent Major Trucking Verdicts (2024-2025)

Amount	Year	Location	Case Details
$462 Million	2024	St. Louis, MO	Wabash National – two fatalities in underride collision
$160 Million	2024	Alabama	Daimler – quadriplegic injury from rollover
$141.5 Million	2024	Florida	Defunct carrier crash
$90 Million	—	Houston, TX	Truck driver burned in explosion
$37.5 Million	2024	Texas	Trucking verdict
$35.5 Million	—	Texas	Family injured in truck accident
$35 Million	2025	Fort Worth, TX	Largest in Tarrant County

Historic Landmark Verdicts

Amount	Year	Case Details
$1 Billion	2021	Florida – 18-year-old killed; $100M compensatory + $900M punitive; gross negligence in hiring
$730 Million	2021	Texas – Ramsey v. Landstar; Navy propeller oversize load killed 73-year-old woman
$411 Million	2020	Florida – 45-vehicle pileup; motorcyclist severely injured

Kaufman County Trucking Case Potential

While every case is unique, Kaufman County juries have shown they will hold trucking companies accountable when evidence of negligence is presented. Factors that increase case value:

Clear liability (trucking company at fault)
Catastrophic injuries (TBI, paralysis, amputation)
Strong evidence of negligence (HOS violations, maintenance failures)
Pattern of safety violations by the trucking company
High economic damages (medical bills, lost wages)
Significant non-economic damages (pain and suffering)
Available insurance coverage

What Your Case Could Be Worth

Case values depend on many factors, but here are the settlement ranges we see in Kaufman County trucking cases:

Catastrophic Injuries

Injury Type	Settlement Range	Notes
Traumatic Brain Injury (Moderate to Severe)	$1,548,000 – $9,838,000+	Includes cognitive impairment, personality changes, long-term care
Spinal Cord Injury	$4,770,000 – $25,880,000+	Paralysis cases command highest settlements
Amputation	$1,945,000 – $8,630,000	Includes prosthetics, rehabilitation, loss of function
Wrongful Death	$1,910,000 – $9,520,000	Depends on decedent’s earning capacity, dependents

Serious Injuries

Injury Type	Settlement Range	Notes
Herniated Disc (Surgery Required)	$346,000 – $1,205,000	Multiple disc involvement increases value
Broken Bones (Surgery Required)	$132,000 – $328,000	Complex fractures, hardware installation
Internal Organ Damage	Varies significantly	Depends on organ, surgeries required, long-term impact

Moderate Injuries

Injury Type	Settlement Range	Notes
Soft Tissue Injuries	$15,000 – $60,000	Whiplash, sprains, strains
Moderate Back/Neck Injuries	$50,000 – $200,000	Non-surgical treatment cases
Scarring/Disfigurement	Varies by location/severity	Facial scarring commands higher values

The Insurance Battle: How We Fight Back

Insurance companies have teams of lawyers and adjusters whose sole job is to minimize your claim. Here’s how they operate and how we counter their tactics:

Common Insurance Tactics & Our Counter-Strategies

Insurance Company Tactic	Our Counter-Strategy
Quick Lowball Settlement Offers	NEVER accept early offers; calculate full future damages first
Denying or Minimizing Injuries	Obtain comprehensive medical documentation and expert testimony
Blaming the Victim (Comparative Fault)	Investigate fully; gather evidence disproving fault allegations
Delaying the Claims Process	File lawsuit to force discovery; set depositions
Using Recorded Statements Against Victims	Advise clients NEVER give statements without attorney present
“Pre-Existing Condition” Defense	Apply Texas “Eggshell Skull” doctrine (take plaintiff as found)
“Gap in Treatment” Attacks	Document all treatment; explain gaps with medical records
Sending Surveillance Investigators	Advise clients on appropriate conduct; expose unfair surveillance
Hiring “Independent” Medical Examiners	Counter with client’s treating physicians and independent experts
Drowning Plaintiff in Paperwork	Aggressive litigation and motion practice to force resolution

Our Insider Advantage

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, how adjusters are trained, and what makes them settle. This insider knowledge gives our clients a significant advantage.

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

Immediate Steps (At the Scene)

Call 911 – Report the accident and request medical assistance
Seek medical attention – Even if injuries seem minor, get checked out
Document the scene – Take photos and videos of:
- All vehicle damage (inside and out)
- The accident scene from multiple angles
- Road conditions, skid marks, debris
- Traffic signs and signals
- Your injuries
Collect information – Get:
- Truck driver’s name, CDL number, contact info
- Trucking company name, DOT number, insurance info
- Witness names and contact information
- Responding officer’s name and badge number
Do NOT – Give recorded statements to any insurance company
Call Attorney911 – 1-888-ATTY-911 for immediate legal help

Within 24 Hours

Follow up with medical treatment – Attend all recommended appointments
Document everything – Keep a journal of:
- Pain levels
- Medical appointments
- Missed work
- How injuries affect daily life
Do NOT post on social media – Insurance companies will use your posts against you
Contact Attorney911 – We’ll send spoliation letters to preserve evidence

Within 48 Hours

We send spoliation letters to all potentially liable parties
We demand preservation of ECM, ELD, dashcam, and GPS data
We subpoena cell phone records to prove distracted driving
We obtain police crash reports and 911 call recordings
We canvass the scene for security camera footage
We photograph all damage before vehicles are repaired
We interview witnesses before memories fade
We hire accident reconstruction experts for complex crashes

Why Choose Attorney911 for Your Kaufman County Trucking Case

1. We’re Kaufman County Trucking Accident Specialists

We know Kaufman County’s highways, we know the local courts, and we know how to fight for maximum compensation. Our offices in Houston, Austin, and Beaumont give us deep knowledge of Texas trucking corridors and legal landscape.

2. Our Managing Partner Has 25+ Years of Experience

Ralph Manginello has been fighting for injury victims since 1998. He’s secured multi-million dollar verdicts against some of the largest trucking companies in America. His federal court admission to the U.S. District Court, Southern District of Texas gives us the ability to handle complex interstate trucking cases.

3. We Have a Former Insurance Defense Attorney on Staff

Lupe Peña spent years working for a national defense firm before joining Attorney911. He knows exactly how insurance companies evaluate claims, how adjusters are trained, and what makes them settle. This insider knowledge is your advantage.

4. We’ve Handled Cases Against Major Trucking Companies

Our firm has direct litigation experience against:

Walmart trucking operations
Coca-Cola distribution vehicles
Amazon delivery trucks
FedEx trucks
UPS trucks
Various commercial trucking companies

5. We Offer Fluent Spanish-Language Services

Kaufman County has a significant Hispanic population, and many truck drivers and accident victims speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Hablamos Español.

6. We Work on Contingency – You Pay Nothing Unless We Win

We believe everyone deserves access to justice, regardless of their financial situation. That’s why we work on a contingency fee basis – you pay nothing upfront, and we only get paid if we win your case.

7. We Have a Proven Track Record of Results

While every case is unique, our firm has recovered:

$5+ Million – Logging brain injury settlement
$3.8+ Million – Car accident amputation settlement
$2.5+ Million – Truck crash recovery
$2+ Million – Maritime back injury settlement
Millions recovered for families in trucking-related wrongful death cases

8. We Treat Our Clients Like Family

This isn’t just marketing – it’s what our clients say about us:

“They treated me like FAMILY, not just another case number.”
— MONGO SLADE

“You are NOT just some client… You are FAMILY to them.”
— Chad Harris

“They fought for me to get every dime I deserved.”
— Glenda Walker

9. We Move Faster Than Other Firms

While some firms take years to resolve cases, we understand that you need help now. Our clients report:

“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle

“I got a call to come pick up this handsome check.”
— Donald Wilcox

10. We Take Cases Other Firms Reject

Many firms turn away difficult cases. We take them:

“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
— Donald Wilcox

“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
— Greg Garcia

Frequently Asked Questions About Kaufman County Trucking Accidents

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

If you’ve been in a trucking accident in Kaufman 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 Attorney911 at 1-888-ATTY-911 for immediate legal help

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. Kaufman County hospitals like Texas Health Presbyterian Hospital Kaufman and Baylor Scott & White Medical Center – Sunnyvale 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 in Kaufman County?

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 in Kaufman County?

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.

What is a spoliation letter and why is it important?

A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.

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 and can be crucial evidence in your case.

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 and provide strong evidence of negligence.

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 comprehensive evidence including:

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 in Kaufman County trucking cases:

Hours of service violations (driving too long)
False log entries (lying about driving time)
Brake system deficiencies
Cargo securement failures
Unqualified drivers (no valid CDL or medical certificate)
Drug/alcohol violations
Mobile phone use
Failure to inspect vehicles
Improper lighting
Negligent hiring

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 – a powerful claim in trucking accident cases.

Who can I sue after an 18-wheeler accident in Kaufman 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 an owner-operator and does that affect my case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

How do I find out if the trucking company has a bad safety record?

FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:

CSA (Compliance, Safety, Accountability) scores
Inspection history and out-of-service rates
Crash history
Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

What injuries are common in 18-wheeler accidents in Kaufman 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 Kaufman 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 Kaufman County?

Kaufman County 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 Kaufman County?

The statute of limitations for personal injury cases 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.

What if the truck driver was an independent contractor?

This complicates liability but doesn’t necessarily prevent recovery. We investigate the relationship between the driver and trucking company to determine who should be held responsible. Even if the driver is an independent contractor, the trucking company may still be liable for negligent hiring or supervision.

How do cargo spills create liability?

Cargo spills often result from:

Inadequate tiedowns
Improper loading
Overweight loads
Failure to inspect during transit
Defective securement equipment

The company that loaded the cargo and the trucking company may both be liable for resulting accidents.

What if a tire blowout caused my accident?

Tire blowouts often result from:

Underinflated tires
Overloaded vehicles
Worn or aging tires
Road debris
Manufacturing defects

We investigate the cause of the blowout and hold the responsible parties accountable.

How do brake failures get investigated?

We examine:

Maintenance records
Brake inspection history
ECM data showing brake performance
Post-crash brake system analysis
Driver inspection reports
Mechanic work orders

Brake failures often result from systematic maintenance neglect, creating strong evidence of negligence.

What if the truck’s dashcam recorded the accident?

Dashcam footage can be powerful evidence. We demand preservation of all video evidence and analyze it to determine what happened. Some systems record both forward-facing and cab-facing video, which can show driver behavior before the crash.

Can I get the truck’s GPS data?

Yes. GPS and telematics data can show:

The truck’s route
Speed history
Stops made
Location at time of accident

This data can prove speeding, HOS violations, and other negligent behavior.

What if the trucking company goes bankrupt?

Bankruptcy complicates recovery but doesn’t necessarily prevent it. We investigate:

Insurance coverage that may still be available
Other potentially liable parties
Bankruptcy court procedures for filing claims
Potential fraudulent transfer claims

How are future medical expenses calculated?

We work with medical experts and life care planners to:

Project future medical needs
Calculate costs of ongoing care
Determine life expectancy
Account for inflation
Create a comprehensive care plan

These calculations are essential for securing full compensation.

What is loss of consortium?

Loss of consortium refers to the impact of injuries on your relationship with your spouse. It includes:

Loss of companionship
Loss of affection
Loss of sexual relations
Loss of household services

Spouses may have separate claims for these losses.

When are punitive damages available?

Punitive damages may be available when the trucking company or driver acted with:

Gross negligence
Willful misconduct
Conscious indifference to safety
Fraud (falsifying logs, destroying evidence)

Punitive damages are designed to punish wrongdoers and deter similar conduct.

How do you prove the driver was fatigued?

We use multiple sources of evidence:

ELD data showing hours of service violations
Dispatch records showing unrealistic schedules
Witness testimony about driver behavior
Driver statements (often contradictory)
Surveillance footage from truck stops
Expert testimony on fatigue effects

What is the FMCSA and how does it help my case?

The Federal Motor Carrier Safety Administration regulates commercial trucking. FMCSA regulations provide clear standards for safe operation. Violations of these regulations create strong evidence of negligence that helps prove your case.

Can I access the trucking company’s safety record?

Yes. FMCSA maintains public records at safer.fmcsa.dot.gov. We obtain:

CSA scores
Inspection history
Out-of-service rates
Crash history
Safety ratings

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

Your Next Steps: Protect Your Rights Now

If you or a loved one has been injured in an 18-wheeler accident in Kaufman County, time is not on your side. Evidence is disappearing. The trucking company has lawyers working against you. Your rights are at risk.

What to Do Right Now:

Call Attorney911 at 1-888-ATTY-911 – We answer 24/7
Schedule a free consultation – We’ll evaluate your case at no cost
We’ll send spoliation letters immediately – To preserve critical evidence
We’ll start building your case – While you focus on recovery

Remember:

You pay nothing unless we win – We work on contingency
We have a former insurance defense attorney on staff – We know their tactics
We’ve recovered millions for trucking accident victims – We know how to win
We treat our clients like family – You’re not just a case number
We speak Spanish – Hablamos Español

Don’t Let Them Push You Around

Trucking companies have teams of lawyers. Rapid-response investigators. Millions in insurance. You need someone who fights back.

Call Attorney911 now at 1-888-ATTY-911. Our Kaufman County trucking accident attorneys are ready to fight for you.

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

“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