18-Wheeler Accidents in Loving County: Your Guide to Justice and Compensation
When an 80,000-Pound Truck Changes Your Life in an Instant
Every year, thousands of families across Texas experience the devastating impact of 18-wheeler accidents. But when it happens in Loving County, the consequences can be particularly severe. Our rural roads and highways see heavy truck traffic from oil field operations, agricultural shipments, and cross-country freight hauling between major Texas cities. The size and weight disparity between a fully loaded semi-truck and your passenger vehicle means that what might be a minor fender-bender between cars becomes a life-altering catastrophe when an 18-wheeler is involved.
At Attorney911, we’ve spent over 25 years fighting for truck accident victims in Loving County and throughout Texas. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes. We know the local roads, the trucking corridors, and the tactics that trucking companies use to avoid responsibility. Most importantly, we know how to hold them accountable.
If you or a loved one has been injured in a trucking accident in Loving County, call us immediately at 1-888-ATTY-911. Evidence disappears fast in these cases, and every hour counts.
Why Loving County Trucking Accidents Are Different
Loving County presents unique challenges for truck accident victims. Our rural location means:
- Limited emergency response times – Help may be farther away when every minute counts
- Long distances to trauma centers – The nearest Level I trauma center may be hours away
- Heavy truck traffic from oil and gas operations – Our county’s energy industry brings constant truck movement
- Challenging road conditions – Rural roads may have less maintenance, fewer safety features, and more wildlife hazards
- Limited law enforcement presence – Fewer officers mean longer response times and less immediate documentation
These factors make Loving County trucking accidents particularly dangerous and complex. The trucking companies know this, and their insurance adjusters will use our rural location to try to minimize your claim. Don’t let them. You need an attorney who understands Loving County’s unique challenges.
The Devastating Reality of 18-Wheeler Accidents
The physics of trucking accidents make catastrophic injuries the norm, not the exception:
- A fully loaded 18-wheeler can weigh 80,000 pounds – 20-25 times more than your passenger vehicle
- At 65 mph, an 18-wheeler needs 525 feet to stop – nearly two football fields
- The average passenger vehicle needs only 300 feet to stop at the same speed
- This 40% longer stopping distance means trucks can’t avoid obstacles as quickly as cars
When these massive vehicles collide with passenger cars, the results are often tragic:
- Traumatic Brain Injuries (TBI) – From mild concussions to permanent cognitive impairment
- Spinal Cord Injuries – Leading to paralysis (paraplegia or quadriplegia)
- Amputations – Limbs crushed or severed in the crash
- Severe Burns – From fuel tank ruptures or hazmat cargo spills
- Internal Organ Damage – Liver lacerations, kidney damage, internal bleeding
- Wrongful Death – Too often, these accidents prove fatal
These aren’t just injuries – they’re life-changing events that affect you and your family forever. The medical bills alone can bankrupt families, not to mention the lost income, pain and suffering, and permanent disability.
Common Causes of Trucking Accidents in Loving County
Our experience handling trucking cases in Loving County has revealed several common causes of these devastating accidents:
1. Driver Fatigue – The Silent Killer on Our Roads
Fatigue is one of the leading causes of trucking accidents nationwide, and Loving County is no exception. Our position along major freight corridors means we see drivers pushing their limits to meet tight delivery schedules.
Federal Hours of Service (HOS) Regulations (49 CFR Part 395):
These regulations exist to prevent fatigue-related crashes, but violations are alarmingly common:
- 11-Hour Driving Limit: Maximum 11 hours driving after 10 consecutive hours off duty
- 14-Hour On-Duty Window: Cannot drive beyond 14th consecutive hour after coming on duty
- 30-Minute Break Rule: Mandatory 30-minute break after 8 cumulative hours of driving
- 60/70-Hour Weekly Limit: 60 hours in 7 days or 70 hours in 8 days
- 34-Hour Restart: Can reset weekly clock with 34 consecutive hours off duty
How We Prove Fatigue Violations:
- ELD (Electronic Logging Device) Data: Since 2017, most commercial trucks must use ELDs that automatically record driving time. This data is tamper-resistant and provides objective evidence of HOS violations.
- ECM (Engine Control Module) Data: Shows when the truck was in motion, speed, and other operational data that can demonstrate continuous driving.
- Dispatch Records: Reveal pressure to meet unrealistic delivery schedules.
- Cell Phone Records: May show the driver was awake and active during supposed rest periods.
- Witness Statements: Other drivers, truck stop employees, or rest area workers may have seen the driver looking exhausted.
Loving County-Specific Fatigue Factors:
- Long hauls between major cities – Drivers passing through Loving County often come from or are heading to El Paso, Midland-Odessa, or Lubbock, meaning they’ve already been driving for hours.
- Oil field operations – Our local energy industry creates round-the-clock trucking activity with drivers working extended shifts.
- Limited rest areas – Fewer truck stops in rural areas mean drivers may push through when they should rest.
- Seasonal agricultural shipments – Harvest seasons bring increased truck traffic with drivers working long hours to move crops.
2. Distracted Driving – Phones, GPS, and Dispatch Communications
Distracted driving is dangerous for any driver, but when an 80,000-pound truck is involved, the consequences are magnified.
Federal Regulations Prohibiting Distraction (49 CFR § 392.82):
- Hand-held mobile phone ban – Drivers cannot hold phones while driving
- Texting ban – Texting while driving is strictly prohibited
- Reaching ban – Drivers cannot reach for phones in a way that requires leaving the seated position
Common Distractions in Loving County Trucking:
- Cell phone use – Texting, talking, or using apps while driving
- GPS devices – Programming routes while in motion
- Dispatch communications – CB radios, Qualcomm systems, or in-cab computers
- Eating and drinking – Meals on the go during long hauls
- Fatigue-related distraction – Falling asleep or zoning out from exhaustion
- External distractions – Looking at scenery, billboards, or other vehicles
How We Prove Distraction:
- Cell phone records – Show calls, texts, or data usage at the time of the accident
- ECM data – Sudden speed changes or delayed reactions may indicate distraction
- Dashcam footage – If available, may show the driver looking away from the road
- Witness statements – Other drivers or bystanders may have seen the distraction
- In-cab technology records – Some trucks record when dispatch systems are used
3. Improper Maintenance – When Trucks Aren’t Roadworthy
Trucking companies are required to maintain their vehicles in safe operating condition, but cost-cutting often leads to deferred maintenance.
Federal Maintenance Requirements (49 CFR Part 396):
- Systematic inspection and maintenance – Regular, documented maintenance program
- Driver pre-trip inspections – Drivers must inspect vehicles before each trip
- Driver post-trip reports – Drivers must report defects after each trip
- Annual inspections – Comprehensive inspection of all major systems
- Record retention – Maintenance records must be kept for at least 1 year
Common Maintenance Failures in Loving County Trucking:
- Brake failures – Worn brake pads, improper adjustment, or air system leaks
- Tire blowouts – Underinflated, overloaded, or worn tires
- Lighting failures – Non-functioning headlights, brake lights, or turn signals
- Steering system failures – Worn components or fluid leaks
- Coupling device failures – Trailer hitches or kingpins that fail
- Cargo securement failures – Straps, chains, or tarps that come loose
Loving County-Specific Maintenance Challenges:
- Dusty conditions – Our rural roads create more wear on air filters and other components
- Temperature extremes – Hot summers and cold winters stress vehicle systems
- Long distances between service centers – Trucks may operate longer between maintenance checks
- Oil field equipment – Specialized trucks may have unique maintenance needs
4. Cargo Securement Failures – When Loads Shift or Spill
Improperly secured cargo creates multiple hazards on our roads.
Federal Cargo Securement Standards (49 CFR § 393.100-136):
- Performance criteria – Securement systems must withstand specific forces:
- 0.8 g deceleration in the forward direction (sudden stop)
- 0.5 g acceleration in the rearward direction
- 0.5 g acceleration in the lateral direction (side-to-side)
- At least 20% of cargo weight downward (if not fully contained)
- Tiedown requirements – Minimum number of tiedowns based on cargo length and weight
- Cargo-specific rules – Special requirements for logs, metal coils, machinery, etc.
Common Cargo Securement Failures:
- Insufficient tiedowns – Not enough straps or chains for the load
- Worn or damaged securement devices – Straps, chains, or binders that fail
- Improper load distribution – Uneven weight causing instability
- Overloaded vehicles – Exceeding weight ratings for axles or the entire vehicle
- Liquid cargo slosh – Tankers with liquid cargo that shifts during turns or braking
- Loose tarps or covers – Allowing cargo to spill onto the roadway
Loving County-Specific Cargo Hazards:
- Oil field equipment – Heavy machinery that requires specialized securement
- Agricultural products – Bulk shipments that may shift during transport
- Wind conditions – Our open landscapes create wind that can affect high-profile loads
- Road conditions – Rough roads that may loosen securement devices
5. Driver Qualification Issues – When Companies Cut Corners
Trucking companies are required to ensure their drivers are properly qualified, but many cut corners to fill seats quickly.
Federal Driver Qualification Requirements (49 CFR Part 391):
- Minimum age – 21 years old for interstate commerce
- Commercial Driver’s License (CDL) – Proper class and endorsements
- Medical certification – Physical exam by certified medical examiner
- Driving record check – No serious violations in the past 3 years
- Background investigation – Verification of previous employment
- Road test – Demonstration of driving skills
- Drug and alcohol testing – Pre-employment and random testing
Common Qualification Failures:
- Hiring drivers with poor safety records – Multiple accidents or violations
- Failing to verify previous employment – Not checking for past problems
- Ignoring medical conditions – Hiring drivers with disqualifying conditions
- Inadequate training – Not properly preparing drivers for the job
- Hiring drivers with suspended licenses – Allowing unlicensed operation
- Failing to conduct drug testing – Hiring drivers with substance abuse issues
Loving County-Specific Hiring Challenges:
- Driver shortages – High demand for drivers may lead to relaxed hiring standards
- Oil field operations – High turnover in energy sector creates constant hiring needs
- Seasonal agricultural work – Harvest seasons require temporary drivers
- Rural workforce – Fewer local drivers may lead to hiring from out of state
Who Can Be Held Liable in Your Loving County Trucking Accident?
One of the most important aspects of trucking accident cases is that multiple parties can be held responsible. 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 that caused the crash.
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 use, texting, dispatch communications)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol, prescription medication)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws (running red lights, improper lane changes)
- Failure to yield right-of-way
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 limits) and the most responsibility for safety.
Bases for Trucking Company Liability:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not an independent contractor)
- Acting within the scope of employment
- Performing job duties when the accident occurred
Direct Negligence:
- Negligent Hiring: Failed to check the driver’s background, driving record, or qualifications
- Negligent Training: Inadequate training on safety, cargo securement, or hours of service
- Negligent Supervision: Failed to monitor driver performance or ELD compliance
- Negligent Maintenance: Failed to maintain the 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 and 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. The 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 the 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. The 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, or 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 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
- 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 Critical Evidence in Your Loving County Trucking Case
In 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.
1. Electronic Data – The “Black Box” of the Trucking World
Commercial trucks have sophisticated electronic systems that 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:
- 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.
Our Protocol:
We send spoliation letters within 24-48 hours of being retained to demand preservation of this data before it’s overwritten or destroyed.
2. Driver Qualification File – Proving Negligent Hiring
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.
3. Maintenance Records – Proving Negligent Maintenance
Trucking companies must maintain records showing:
- Systematic inspection and maintenance schedule
- Record of repairs and maintenance
- Driver pre-trip and post-trip inspection reports
- Annual inspection records
Poor or missing records prove negligent maintenance.
4. Hours of Service Records – Proving Driver Fatigue
ELDs are federally mandated devices that record:
- Driving time
- On-duty time
- Off-duty time
- GPS location
- Duty status changes
ELD data proves HOS violations and driver fatigue.
5. Drug and Alcohol Test Results
Federal regulations require:
- Pre-employment drug testing
- Random drug and alcohol testing
- Post-accident testing
Failed tests or missing test records prove negligence.
6. Cell Phone Records
We subpoena cell phone records to prove:
- Texting while driving
- Phone calls while driving
- Dispatch communications while driving
Cell phone use while driving is a clear violation of FMCSA regulations.
7. Dispatch Records
Dispatch records reveal:
- Delivery schedules and deadlines
- Pressure to meet unrealistic timelines
- Communications with the driver
- Route instructions
Unrealistic schedules prove negligent scheduling.
8. Cargo Documentation
Cargo records show:
- What was being transported
- How it was loaded
- Securement methods used
- Weight distribution
Improper loading or securement proves negligence.
9. Physical Evidence
We preserve and analyze:
- The truck and trailer themselves
- Failed or damaged components
- Cargo and securement devices
- Tire remnants if blowout involved
Physical evidence often tells the real story of what happened.
The 48-Hour Evidence Preservation Protocol
At Attorney911, we have a strict 48-hour protocol for preserving evidence in trucking cases. Every hour counts, and we move fast to protect your rights.
Step 1: Immediate Client Contact
Within hours of your call, we:
- Conduct an initial case assessment
- Provide immediate guidance on what to do and what not to do
- Answer your urgent questions
Step 2: Spoliation Letter Sent
Within 24-48 hours, we send formal legal notices to:
- The trucking company
- Their insurance company
- Any third-party companies involved
- All potentially liable parties
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
- 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
Step 3: Expert Deployment
We deploy experts to:
- Download ECM and ELD data
- Analyze vehicle systems
- Document the accident scene
- Preserve physical evidence
Step 4: Scene Documentation
We:
- Photograph the accident scene
- Document road conditions
- Measure skid marks
- Preserve surveillance video from nearby businesses
- Interview witnesses
Step 5: Accident Reconstruction
We retain accident reconstruction experts to:
- Analyze the physical evidence
- Download and interpret ECM/ELD data
- Determine vehicle speeds and movements
- Reconstruct the sequence of events
- Identify contributing factors
Common Types of 18-Wheeler Accidents in Loving County
Our experience handling cases throughout Loving County has revealed several accident types that are particularly common in our area:
1. Jackknife Accidents
Definition: A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.
Loving County Factors:
- Sudden braking on rural roads – Our roads often have less traffic, leading to higher speeds and more abrupt stops
- Empty or lightly loaded trailers – Oil field operations often involve empty backhauls
- Wind conditions – Our open landscapes create wind that can affect trailer stability
- Road conditions – Rural roads may have less maintenance and more debris
Evidence We Look For:
- Skid mark analysis showing trailer angle
- Brake inspection records and maintenance logs
- Weather conditions at time of accident
- ELD data showing speed before braking
- ECM data for brake application timing
- Cargo manifest and loading records
2. Rollover Accidents
Definition: A rollover occurs when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight, rollovers are among the most catastrophic trucking accidents.
Loving County Factors:
- Speeding on rural curves – Our roads have many curves with limited banking
- Oil field equipment – Specialized loads may have unique stability issues
- Wind conditions – High winds can destabilize high-profile loads
- Road conditions – Rural roads may have less maintenance and steeper shoulders
- Driver inexperience – Less experienced drivers may not know how to handle our roads
Evidence We Look For:
- ECM data for speed through curve
- Cargo manifest and securement documentation
- Load distribution records
- Driver training records on rollover prevention
- Road geometry and signage analysis
- Witness statements on truck speed
3. Underride Collisions
Definition: An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.
Loving County Factors:
- Limited lighting on rural roads – Poor visibility increases underride risk
- Sudden stops at railroad crossings – Our county has multiple crossings that may not be well-marked
- Wide right turns at rural intersections – Trucks may swing wide without adequate warning
- Improperly maintained underride guards – Rural operations may defer maintenance
Types:
- Rear Underride: Vehicle strikes back of trailer, often at intersections or during sudden stops
- Side Underride: Vehicle impacts side of trailer during lane changes, turns, or at intersections
Evidence We Look For:
- Underride guard inspection and maintenance records
- Rear lighting compliance documentation
- Crash dynamics showing underride depth
- Guard installation and certification records
- Visibility conditions at accident scene
- Post-crash guard deformation analysis
4. Rear-End Collisions
Definition: A rear-end collision occurs when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck.
Loving County Factors:
- Following too closely on rural roads – Less traffic may lead to complacency
- Driver distraction – Long hauls can lead to boredom and distraction
- Brake failures – Long distances between service centers may lead to deferred maintenance
- Fatigue – Drivers passing through may be pushing their hours of service limits
- Limited enforcement – Fewer officers mean less immediate documentation
Evidence We Look For:
- ECM data showing following distance and speed
- ELD data for driver fatigue analysis
- Cell phone records for distraction evidence
- Brake inspection and maintenance records
- Dashcam footage (if available)
- Traffic conditions and speed limits
5. Wide Turn Accidents (“Squeeze Play”)
Definition: Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.
Loving County Factors:
- Rural intersections – Our county has many intersections without signals or turn lanes
- Narrow roads – Rural roads may not have adequate space for wide turns
- Limited signage – Some intersections may not have proper warning signs
- Oversized loads – Oil field equipment may require even wider turns
- Driver inexperience – Less experienced drivers may not know how to make proper turns
Evidence We Look For:
- Turn signal activation data from ECM
- Mirror condition and adjustment records
- Driver training records on turning procedures
- Intersection geometry analysis
- Witness statements on turn execution
- Surveillance camera footage from nearby businesses
6. Blind Spot Accidents (“No-Zone”)
Definition: Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).
The Four No-Zones in Loving County Trucking:
- Front No-Zone: 20 feet directly in front of the cab – driver cannot see low vehicles
- Rear No-Zone: 30 feet behind the trailer – no rear-view mirror visibility
- Left Side No-Zone: Extends from cab door backward – smaller than right side
- Right Side No-Zone: Extends from cab door backward, much larger than left – MOST DANGEROUS
Loving County Factors:
- Rural lane changes – Less traffic may lead to more frequent lane changes
- Wind conditions – High winds can push vehicles into blind spots
- Limited enforcement – Fewer officers mean less immediate documentation
- Driver inexperience – Less experienced drivers may not be aware of blind spots
- Improper mirror adjustment – Rural operations may not prioritize proper mirror setup
Evidence We Look For:
- Mirror condition and adjustment at time of crash
- Lane change data from ECM/telematics
- Turn signal activation records
- Driver training on blind spot awareness
- Dashcam footage
- Witness statements on truck behavior
7. Tire Blowout Accidents
Definition: Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.
Loving County Factors:
- Temperature extremes – Hot summers and cold winters stress tires
- Long distances between service centers – Tires may not be checked as frequently
- Oil field operations – Specialized equipment may have unique tire needs
- Road conditions – Rural roads may have more debris and less maintenance
- Overloaded vehicles – Oil field equipment may exceed weight ratings
Evidence We Look For:
- Tire maintenance and inspection records
- Tire age and wear documentation
- Tire inflation records and pressure checks
- Vehicle weight records (weigh station)
- Tire manufacturer and purchase records
- Failed tire for defect analysis
8. Brake Failure Accidents
Definition: Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.
Loving County Factors:
- Long descents – Our county has several areas with significant elevation changes
- Long distances between service centers – Brakes may not be checked as frequently
- Temperature extremes – Hot summers can cause brake fade
- Overloaded vehicles – Oil field equipment may exceed weight ratings
- Limited enforcement – Fewer officers mean less immediate documentation
Evidence We Look For:
- Brake inspection and maintenance records
- Out-of-service inspection history
- ECM data showing brake application and effectiveness
- Post-crash brake system analysis
- Driver vehicle inspection reports (DVIRs)
- Mechanic work orders and parts records
9. Cargo Spill/Shift Accidents
Definition: Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.
Loving County Factors:
- Oil field equipment – Heavy machinery requires specialized securement
- Agricultural products – Bulk shipments may shift during transport
- Wind conditions – High winds can affect high-profile loads
- Road conditions – Rural roads may have more bumps and less maintenance
- Limited enforcement – Fewer officers mean less immediate documentation
Evidence We Look For:
- Cargo securement inspection photos
- Bill of lading and cargo manifest
- Loading company records
- Tiedown specifications and condition
- 49 CFR 393 compliance documentation
- Driver training on cargo securement
The Catastrophic Injuries We See in Loving County Trucking Accidents
Due to the massive size and weight disparity between 18-wheelers and passenger vehicles, catastrophic injuries are common in these accidents. At Attorney911, we’ve helped clients recover compensation for:
1. Traumatic Brain Injury (TBI)
What It Is: TBI occurs when a sudden trauma causes damage to the brain. The extreme forces in trucking accidents often cause the brain to impact the inside of the skull.
Severity Levels in Loving County Cases:
| 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 We See:
- Headaches, dizziness, nausea
- Memory loss, confusion
- Difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Long-Term Consequences:
- Permanent cognitive impairment
- Inability to work
- Need for ongoing care and supervision
- Increased risk of dementia and Alzheimer’s
- Depression and emotional disorders
Loving County Challenges:
- Limited access to specialists – TBI specialists may be hours away
- Long distances to rehabilitation centers – Ongoing therapy requires significant travel
- Limited community resources – Fewer support groups and specialized services
- Isolation – Rural location can exacerbate cognitive and emotional challenges
2. 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 We See:
| 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
Loving County Challenges:
- Limited access to specialized care – Spinal cord injury centers may be hours away
- Home modification needs – Rural homes often require significant modifications
- Caregiver shortages – Fewer available caregivers in rural areas
- Transportation challenges – Getting to appointments can be difficult
- Limited employment opportunities – Rural economies may not accommodate disabilities
3. 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 Loving County Trucking 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
Loving County Challenges:
- Limited access to prosthetists – Specialists may be hours away
- Limited rehabilitation services – Fewer physical therapy options
- Home modification needs – Rural homes often require significant modifications
- Transportation challenges – Getting to appointments can be difficult
- Limited employment opportunities – Rural economies may not accommodate disabilities
4. Severe Burns
How Burns Occur in Loving County Trucking 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 |
Loving County Challenges:
- Limited access to burn centers – Specialized burn care may be hours away
- Long distances to treatment – Ongoing care requires significant travel
- Scarring in rural communities – Social stigma may be more pronounced
- Limited rehabilitation services – Fewer physical therapy options
- Psychological impact – Isolation can exacerbate trauma
5. Internal Organ Damage
Common Internal Injuries in Loving County Trucking Accidents:
- 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
Loving County Challenges:
- Limited access to trauma centers – The nearest Level I trauma center may be hours away
- Delayed diagnosis – Symptoms may not appear until after transfer
- Limited follow-up care – Specialists may be far from rural areas
- Long-term health impact – Organ damage may require lifelong management
6. 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 future income and employment benefits
- 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 Insurance Battle: How Trucking Companies Fight Your Claim
At Attorney911, we have a unique advantage in trucking accident cases. Our team includes attorneys who previously worked for insurance defense firms. We know exactly how trucking companies and their insurers evaluate, minimize, and deny claims. Now we use that insider knowledge to fight for you.
Common Insurance Tactics and Our Counter-Strategies
| Insurance Company Tactic | Our Counter-Strategy |
|---|---|
| Quick Lowball Settlement Offers | NEVER accept early offers; we calculate full future damages first |
| Denying or Minimizing Injuries | We obtain comprehensive medical documentation and expert testimony |
| Blaming the Victim (Comparative Fault) | We investigate fully and gather evidence disproving fault allegations |
| Delaying the Claims Process | We file lawsuit to force discovery and set depositions |
| Using Recorded Statements Against Victims | We advise clients NEVER to give statements without attorney present |
| “Pre-Existing Condition” Defense | We apply Texas “Eggshell Skull” doctrine (take plaintiff as found) |
| “Gap in Treatment” Attacks | We document all treatment and explain gaps with medical records |
| Sending Surveillance Investigators | We advise clients on appropriate conduct and expose unfair surveillance |
| Hiring “Independent” Medical Examiners | We counter with client’s treating physicians and independent experts |
| Drowning Plaintiff in Paperwork | We use aggressive litigation and motion practice to force resolution |
The Insurance Company Playbook
Insurance adjusters follow a specific playbook designed to minimize your claim:
- The Friendly Approach: The adjuster calls and acts concerned, building rapport to get you to let your guard down.
- The Quick Offer: They offer a settlement within days – often while you’re still in the hospital.
- The Recorded Statement: They ask you to give a recorded statement about the accident.
- The Injury Denial: They argue your injuries aren’t as severe as you claim.
- The Fault Game: They try to shift blame to you, even if the accident was clearly the truck driver’s fault.
- The Delay Game: They drag out the process, hoping you’ll get desperate and accept a low offer.
- The Surveillance Game: They hire investigators to follow you and take photos/videos.
- The Medical Exam Game: They send you to their “independent” doctor who downplays your injuries.
- The Paperwork Game: They bury you in requests for documents, hoping you’ll make a mistake.
- The Final Lowball: They make a “final” offer that’s still far below what your case is worth.
Why You Need an Attorney Who Knows Their Tactics
Our team includes attorneys who used to work for insurance companies. We know:
- How they train their adjusters
- What formulas they use to calculate offers
- What arguments they use to deny claims
- How they pressure adjusters to minimize payouts
- What tactics they use to delay cases
- How they manipulate recorded statements
- What surveillance techniques they use
- How they select “independent” medical examiners
This insider knowledge gives us a significant advantage in negotiating with insurance companies and presenting your case to a jury.
The Damages You Can Recover in Your Loving County Trucking Case
When you’ve been injured in an 18-wheeler accident, you’re entitled to compensation for all the ways the accident has affected your life. At Attorney911, we fight to recover every dollar you deserve.
Economic Damages (Calculable Losses)
| Category | What’s Included |
|---|---|
| Medical Expenses | Past, present, and future medical costs including: hospital bills, doctor visits, surgery, physical therapy, prescription medications, medical equipment, home modifications, transportation to medical appointments |
| Lost Wages | Income lost due to injury and recovery including: missed work time, reduced earning capacity, lost bonuses or commissions, lost employment benefits |
| Lost Earning Capacity | Reduction in future earning ability including: permanent disability, career limitations, reduced work hours, early retirement |
| Property Damage | Vehicle repair or replacement including: cost of repairs, diminished value, rental car expenses, towing and storage fees |
| Out-of-Pocket Expenses | Other accident-related expenses including: transportation to medical appointments, home modifications, assistive devices, childcare during recovery |
| Life Care Costs | Ongoing care for catastrophic injuries including: in-home care, rehabilitation, medical monitoring, future surgeries |
Non-Economic Damages (Quality of Life)
| Category | What’s Included |
|---|---|
| Pain and Suffering | Physical pain from injuries including: immediate pain after accident, ongoing pain during recovery, chronic pain from permanent injuries |
| Mental Anguish | Psychological trauma including: anxiety, depression, PTSD, fear of driving, sleep disturbances |
| Loss of Enjoyment | Inability to participate in activities including: hobbies, sports, family activities, social events, travel |
| Disfigurement | Scarring and visible injuries including: facial scars, limb loss, burn scars, permanent disabilities |
| Loss of Consortium | Impact on marriage/family relationships including: loss of companionship, loss of affection, loss of sexual relations, loss of household services |
| Physical Impairment | Reduced physical capabilities including: loss of mobility, loss of strength, loss of coordination, chronic pain |
Punitive Damages (Punishment for Gross Negligence)
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)
Texas Punitive Damages Cap:
Greater of (2x economic damages + non-economic damages capped at $750,000) OR $200,000
When Punitive Damages Apply:
- Pattern of safety violations
- Falsified records
- Destroyed evidence
- Reckless disregard for safety
- Corporate culture prioritizing profit over safety
The Legal Process: What to Expect in Your Loving County Trucking Case
At Attorney911, we guide you through every step of the legal process. Here’s what you can expect:
1. Free Initial Consultation
- We listen to your story and answer your questions
- We explain your legal rights and options
- We assess the strength of your case
- We explain our contingency fee arrangement (no fee unless we win)
2. Case Investigation
- We send spoliation letters to preserve evidence
- We deploy accident reconstruction experts
- We obtain police reports and witness statements
- We subpoena trucking company records
- We analyze ECM and ELD data
3. Medical Treatment Coordination
- We help you get the medical care you need
- We coordinate with your doctors to document your injuries
- We work with medical experts to project future care needs
- We help you understand your treatment options
4. Demand Letter
- We send a comprehensive demand letter to the insurance company
- We calculate all your damages (economic and non-economic)
- We present the evidence supporting your claim
- We demand fair compensation for your injuries
5. Negotiation
- We negotiate aggressively with the insurance company
- We reject lowball offers and demand fair compensation
- We prepare for trial to create leverage in negotiations
- We keep you informed of all settlement offers
6. Litigation (If Necessary)
- We file a lawsuit before the statute of limitations expires
- We conduct discovery (interrogatories, document requests, depositions)
- We depose the truck driver, safety manager, and other key witnesses
- We file motions to strengthen your case
- We prepare for trial
7. Trial or Settlement
- Most cases settle before trial
- We prepare every case as if it’s going to trial
- If necessary, we take your case to court
- We present your case to a jury
- We fight for maximum compensation
Why Choose Attorney911 for Your Loving County Trucking Case?
When you’ve been injured in an 18-wheeler accident, you need more than just a lawyer – you need a team that specializes in fighting trucking companies. At Attorney911, we offer:
1. Proven Experience in Trucking Litigation
- 25+ years handling 18-wheeler accident cases
- Multi-million dollar verdicts and settlements
- Experience against major trucking companies (Walmart, Amazon, FedEx, UPS, Coca-Cola)
- Federal court admission to the U.S. District Court, Southern District of Texas
2. Insider Knowledge of Insurance Tactics
- Our team includes former insurance defense attorneys
- We know exactly how insurance companies evaluate and deny claims
- We use this knowledge to counter their tactics
- We know how to maximize your recovery
3. Immediate Evidence Preservation
- We send spoliation letters within 24-48 hours
- We deploy accident reconstruction experts immediately
- We preserve ECM, ELD, and other critical data
- We document the accident scene before evidence disappears
4. Comprehensive Investigation
- We subpoena all relevant records
- We analyze ECM and ELD data
- We investigate all potentially liable parties
- We build a strong case from the ground up
5. Aggressive Negotiation and Litigation
- We reject lowball settlement offers
- We prepare every case for trial
- We use our trial experience to create leverage
- We fight for maximum compensation
6. Personalized Attention
- You work directly with our attorneys, not case managers
- We keep you informed every step of the way
- We answer your questions promptly
- We treat you like family, not a case number
7. No Fee Unless We Win
- We work on contingency – you pay nothing unless we win
- No upfront costs or hidden fees
- We advance all case expenses
- You never receive a bill from us
Our Loving County Trucking Case Results
At Attorney911, we’ve recovered millions for trucking accident victims in Loving County and throughout Texas. While every case is unique, here are some examples of our results:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement (staph infection during treatment)
- $2.5+ Million – Truck Crash Recovery
- $2+ Million – Maritime Back Injury Settlement
- Millions recovered for families in trucking-related wrongful death cases
Important Note: These are not guarantees of future results. Every case is different, and your recovery will depend on the unique facts of your case.
What Our Clients Say About Us
At Attorney911, we’re proud of the relationships we build with our clients. Here’s what some of them have said:
“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
“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
— Greg Garcia, Attorney911 Client
“Ralph reached out personally.”
— Dame Haskett, Attorney911 Client
“They make you feel like family and even though the process may take some time, they make it feel like a breeze.”
— Glenda Walker, Attorney911 Client
“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”
— Jacqueline Johnson, Attorney911 Client
The Loving County Advantage: Why Local Knowledge Matters
At Attorney911, we understand Loving County’s unique challenges. Our local knowledge gives us an advantage in your case:
1. We Know Loving County’s Roads and Highways
- U.S. Highway 285 – Major north-south route through Loving County
- State Highway 302 – East-west route connecting to neighboring counties
- County Roads – Rural roads with unique challenges
- Oil field access roads – Heavy truck traffic and specialized equipment
2. We Know Loving County’s Trucking Corridors
- Oil field operations – Heavy truck traffic to and from drilling sites
- Agricultural shipments – Seasonal truck traffic during harvests
- Cross-country freight – Trucks passing through between major Texas cities
- Local distribution – Trucks serving Loving County businesses
3. We Know Loving County’s Courts and Judges
- Loving County Courthouse – Where your case would be heard
- Local judges – Their preferences and tendencies
- Local procedures – How cases move through the system
- Local juries – What arguments resonate with Loving County residents
4. We Know Loving County’s Emergency Services
- Loving County Sheriff’s Office – Responds to accident scenes
- Loving County EMS – Provides emergency medical care
- Local hospitals and trauma centers – Where accident victims are treated
- Local rehabilitation facilities – Where ongoing care is provided
5. We Know Loving County’s Unique Challenges
- Limited emergency response times – Help may be farther away
- Long distances to trauma centers – The nearest Level I trauma center may be hours away
- Limited law enforcement presence – Fewer officers mean longer response times
- Challenging road conditions – Rural roads may have less maintenance
- Limited access to specialists – Medical specialists may be hours away
Hablamos Español: Serving Loving County’s Hispanic Community
At Attorney911, we understand that many trucking accident victims in Loving County speak Spanish as their primary language. Our associate attorney, Lupe Peña, is fluent in Spanish and provides direct representation without interpreters.
Why This Matters for Your Case:
- Direct communication – No language barriers or misinterpretations
- Cultural understanding – We understand the unique needs of Hispanic families
- Trust building – Speaking your language builds confidence and trust
- No interpreters needed – Direct attorney-client relationship
Lupe Peña’s Background:
- Native Spanish speaker
- Former insurance defense attorney
- Deep understanding of trucking regulations
- Experience in Loving County courts
- Federal court admission
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
The Next Steps: What to Do Right Now
If you or a loved one has been injured in an 18-wheeler accident in Loving County, time is critical. Here’s what you should do right now:
1. Seek Medical Attention Immediately
- Go to the nearest emergency room or urgent care
- Follow all medical advice
- Document all injuries and symptoms
- Keep all medical records and bills
2. Document Everything
- Take photos of the accident scene
- Take photos of all vehicle damage
- Take photos of your injuries
- Get contact information from witnesses
- Keep a journal of your pain and symptoms
3. Do NOT Talk to the Insurance Company
- Do not give recorded statements
- Do not sign anything
- Do not accept any settlement offers
- Refer all communication to your attorney
4. Call Attorney911 Immediately
- We answer calls 24/7
- We’ll send a preservation letter within 24-48 hours
- We’ll deploy experts to document the scene
- We’ll start building your case immediately
Call us now at 1-888-ATTY-911 for your free consultation.
Frequently Asked Questions About Loving County Trucking Accidents
1. What should I do immediately after an 18-wheeler accident in Loving County?
If you’ve been in a trucking accident in Loving 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
2. 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. Loving County hospitals and trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
3. What information should I collect at the truck accident scene in Loving 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
4. 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.
5. How quickly should I contact an 18-wheeler accident attorney in Loving 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.
6. Who can I sue after an 18-wheeler accident in Loving 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.
7. 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)
8. What if the truck driver says the accident was my fault?
Loving County uses Texas’s 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.
9. 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.
10. 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.
11. 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 an airplane’s black box 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.
12. 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.
13. 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.
14. 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
15. 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
16. 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.
17. 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
18. 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.
19. 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.
20. What injuries are common in 18-wheeler accidents in Loving County?
Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries and paralysis
- Amputations
- Severe Burns
- Internal Organ Damage
- Wrongful Death
21. How much are 18-wheeler accident cases worth in Loving 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.
22. What if my loved one was killed in a trucking accident in Loving County?
Loving 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.
23. How long do I have to file an 18-wheeler accident lawsuit in Loving 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.
24. 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.
25. 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.
26. 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.
27. How much insurance do trucking companies carry?
Federal law requires minimum liability coverage:
- $750,000 for non-hazardous freight
- $1,000,000 for oil, large equipment
- $5,000,000 for hazardous materials
Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.
28. What if multiple insurance policies apply to my accident?
Trucking cases often involve multiple policies:
- Motor carrier’s liability policy
- Trailer interchange coverage
- Cargo insurance
- Owner-operator’s policy
- Excess/umbrella coverage
We identify all available coverage to maximize your recovery.
29. Will the trucking company’s insurance try to settle quickly?
Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.
30. What if I was partially at fault for the accident?
Texas follows modified comparative negligence. You can recover damages as long as you’re not more than 50% at fault. Your recovery will be reduced by your percentage of fault. For example, if you’re 20% at fault, you recover 80% of your damages.
31. What if the truck driver was an independent contractor?
Even if the driver was an independent contractor, the trucking company may still be liable. We investigate the relationship between the driver and company to determine all responsible parties.
32. How do cargo spills create liability?
Improperly secured cargo creates multiple hazards:
- Cargo shift can destabilize the truck
- Falling cargo can strike other vehicles
- Hazmat spills create additional dangers
The cargo owner, loading company, and trucking company may all be liable.
33. What if a tire blowout caused my accident?
Tire blowouts are often caused by:
- Underinflated tires
- Overloaded vehicles
- Worn or aging tires
- Road debris
- Manufacturing defects
The trucking company, tire manufacturer, or maintenance company may be liable.
34. How do brake failures get investigated?
Brake failures are often caused by:
- Worn brake pads not replaced
- Improper brake adjustment
- Air brake system leaks
- Overheated brakes
- Contaminated brake fluid
- Defective brake components
We examine maintenance records, ECM data, and physical evidence to determine liability.
35. 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. Video evidence often contradicts driver statements.
36. Can I get the truck’s GPS data?
Yes. GPS and telematics data shows:
- The truck’s route
- Speed at various points
- Location at the time of the accident
- Driver behavior patterns
This data can prove speeding, fatigue, or other violations.
37. What if the trucking company goes bankrupt?
Even if the trucking company goes bankrupt, their insurance policy should still cover your claim. We investigate all available insurance coverage to ensure you can recover.
38. How are future medical expenses calculated?
We work with medical experts to:
- Project your future care needs
- Calculate the cost of future medical treatment
- Determine the present value of future expenses
- Include costs for medications, therapy, and equipment
39. What is loss of consortium?
Loss of consortium compensates for the impact on your marriage and family relationships, including:
- Loss of companionship
- Loss of affection
- Loss of sexual relations
- Loss of household services
40. 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)
41. What if road conditions contributed to my accident?
Government entities may be liable for:
- Dangerous road design
- Failure to maintain roads
- Inadequate signage
- Failure to install safety barriers
- Improper work zone setup
Special notice requirements and deadlines apply.
42. Can I sue for PTSD after a trucking accident?
Yes. PTSD (Post-Traumatic Stress Disorder) compensation is available. Symptoms include:
- Flashbacks to the accident
- Nightmares
- Severe anxiety
- Avoidance of driving or certain locations
- Depression
- Sleep disturbances
Documentation from a psychologist or therapist is required.
43. What if I’m undocumented? Can I still file a claim?
YES. Immigration status does not prevent you from filing a personal injury claim. You have the same right to compensation as any other accident victim. We have Spanish-speaking attorneys who can help you navigate the process.
44. How do I prove the driver was fatigued?
We prove fatigue through:
- ELD data showing hours of service violations
- ECM data showing continuous driving
- Dispatch records showing pressure to meet deadlines
- Cell phone records showing activity during supposed rest periods
- Witness statements about the driver’s appearance
- Driver’s own statements or admissions
45. What is the FMCSA and how does it help my case?
The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucking. Their regulations help your case by:
- Establishing clear safety standards
- Providing objective evidence of violations
- Creating liability when companies violate regulations
- Providing public data on carrier safety records
46. Can I access the trucking company’s safety record?
Yes. FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain:
- CSA scores
- Inspection history
- Crash records
- Out-of-service rates
- Safety ratings
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
47. What experts do you use in trucking cases?
We retain:
- Accident reconstruction experts
- Medical experts
- Vocational experts
- Economic experts
- Life care planners
- FMCSA regulation experts
- Trucking industry experts
- Product liability experts
48. How are wrongful death damages calculated?
Wrongful death damages include:
- Lost future income and benefits
- Loss of consortium (companionship)
- Loss of parental guidance (for children)
- Mental anguish
- Funeral and burial expenses
- Medical expenses before death
- Pain and suffering before death
- Punitive damages (in cases of gross negligence)
49. What happens if there’s not enough insurance?
If the at-fault driver has insufficient insurance, your own Underinsured Motorist (UIM) coverage may apply. We investigate all available insurance coverage to maximize your recovery.
50. Why should I choose Attorney911 for my Loving County trucking case?
At Attorney911, we offer:
- 25+ years of trucking litigation experience
- Multi-million dollar verdicts and settlements
- Former insurance defense attorneys on our team
- Immediate evidence preservation
- Comprehensive investigation
- Aggressive negotiation and litigation
- Personalized attention
- No fee unless we win
- Local knowledge of Loving County
- Spanish-speaking attorneys
Your Fight Starts With One Call
If you or a loved one has been injured in an 18-wheeler accident in Loving County, you don’t have to fight the trucking companies alone. At Attorney911, we have the experience, resources, and local knowledge to hold them accountable.
Call us now at 1-888-ATTY-911 for your free consultation.
We answer calls 24/7. The sooner you call, the sooner we can start preserving evidence and building your case. Don’t let the trucking company’s lawyers work against you – put our team to work for you.
Remember: Every hour counts in trucking accident cases. Evidence disappears fast, and the trucking companies are already working to protect their interests. Don’t wait – call Attorney911 now.
1-888-ATTY-911. We fight for you.