18-Wheeler Accidents in Midland County: Your Complete Legal Guide
Every year, thousands of families across Texas face life-changing consequences from 18-wheeler accidents. If you or a loved one has been seriously injured in a trucking accident in Midland County, you need an attorney who understands both the federal trucking regulations and the local realities of our West Texas highways.
At Attorney911, we’ve been fighting for truck accident victims throughout Midland County and across Texas for over 25 years. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements for families devastated by catastrophic 18-wheeler crashes. Let us put that experience to work for you.
Why Midland County Trucking Accidents Are Different
Midland County sits at the heart of Texas’s oil and gas industry, with major highways like I-20 and US-385 serving as critical freight corridors. The unique challenges of our region include:
- Heavy oilfield trucking traffic – Permian Basin operations generate significant oversize/overweight loads
- Long-haul fatigue risks – Drivers traveling from Midland to Odessa, Lubbock, or beyond often push hours-of-service limits
- Extreme weather conditions – Sudden dust storms, high winds, and temperature swings create hazardous driving conditions
- Mixed traffic patterns – Passenger vehicles sharing roads with heavy equipment and specialized oilfield trucks
We know these local factors because we’ve handled cases on every major highway in Midland County. Our team understands how to investigate accidents involving oilfield equipment, hazmat cargo, and the specialized trucking operations that serve our region’s energy industry.
The Devastating Reality of 18-Wheeler Accidents
The impact of an 80,000-pound truck against your sedan is catastrophic. In an instant, everything changes. The physics are simple but brutal:
- A fully loaded 18-wheeler weighs 20-25 times more than your passenger vehicle
- At highway speeds, the truck carries 80 times the kinetic energy of a car
- Stopping distance for a truck at 65 mph is nearly 525 feet – nearly two football fields
These forces result in injuries that transform lives in seconds:
Traumatic Brain Injuries (TBI):
From concussions to severe brain damage, TBI can cause permanent cognitive impairment, personality changes, and lifelong disability. We’ve seen clients who can no longer work, recognize family members, or perform basic daily tasks due to trucking accident brain injuries.
Spinal Cord Injuries:
Paralysis from the waist down (paraplegia) or all four limbs (quadriplegia) often requires lifetime care costing millions. Our Midland County clients have faced complete life changes after spinal injuries left them dependent on wheelchairs and medical equipment.
Amputations:
Crushing injuries frequently result in surgical amputations or traumatic limb loss at the scene. The physical and psychological impact of losing a limb is profound, affecting every aspect of daily life and employment.
Severe Burns:
Fuel tank ruptures and cargo fires cause devastating burns that require multiple surgeries, skin grafts, and years of rehabilitation. The pain and disfigurement from burn injuries can last a lifetime.
Wrongful Death:
When a trucking accident takes a loved one, families face overwhelming grief and financial uncertainty. We’ve helped Midland County families recover compensation for lost income, companionship, and the emotional devastation of losing a spouse, parent, or child.
The Trucking Company’s Playbook – And How We Counter It
Within hours of your accident, the trucking company’s rapid-response team springs into action. Their mission: protect the company’s interests, not yours. Here’s what they do – and how we fight back:
What They Do:
✅ Deploy investigators to the scene immediately
✅ Obtain black box data and ELD records
✅ Interview witnesses while memories are fresh
✅ Develop a defense strategy to minimize liability
✅ Have lawyers on standby to protect their interests
How We Fight Back:
✅ Send spoliation letters demanding preservation of ALL evidence
✅ Obtain independent ECM/ELD data downloads
✅ Conduct our own accident reconstruction
✅ Interview witnesses before their memories fade
✅ Build a case for maximum compensation
Our Insider Advantage:
Our team includes Lupe Peña, a former insurance defense attorney who spent years working inside the system. He knows exactly how trucking companies evaluate claims, train their adjusters, and try to minimize payouts. Now he uses that insider knowledge to fight for you.
The Critical 48-Hour Window
Evidence disappears fast in trucking accident cases. Here’s what you need to know:
Black Box Data:
- Can be overwritten in as little as 30 days
- Records speed, braking, throttle position, and more
- Critical for proving driver negligence
ELD Records:
- Must be preserved for 6 months by law
- Prove hours-of-service violations
- Show exact driving time and rest periods
Dashcam Footage:
- Often deleted within 7-14 days
- Captures driver behavior and road conditions
- May show distraction or impairment
Surveillance Video:
- Nearby businesses typically overwrite footage in 7-30 days
- Can prove liability or show dangerous conditions
Witness Memories:
- Fade significantly within weeks
- Independent witnesses can make or break your case
Physical Evidence:
- Trucks may be repaired or sold quickly
- Failed components may be discarded
- Road conditions may change
What You Should Do:
Call Attorney911 immediately at 1-888-ATTY-911. We’ll send preservation letters within hours to protect all critical evidence before it’s lost forever.
Proving Liability: The FMCSA Regulations That Win Cases
Federal Motor Carrier Safety Regulations (49 CFR Parts 390-399) create legal standards that trucking companies must follow. Violations of these regulations often prove negligence. Here are the most critical rules:
Hours of Service Violations (49 CFR Part 395)
- 11-Hour Driving Limit: Drivers cannot drive more than 11 hours after 10 consecutive hours off duty
- 14-Hour Duty Window: Cannot drive beyond 14th consecutive hour after coming on duty
- 30-Minute Break: Must take 30-minute break after 8 cumulative hours of driving
- 60/70-Hour Limit: Cannot drive after 60 hours in 7 days or 70 hours in 8 days
- 34-Hour Restart: Must have 34 consecutive hours off to reset weekly limits
Why This Matters: Fatigue causes approximately 31% of fatal truck crashes. When drivers violate HOS rules, they’re more likely to fall asleep at the wheel or make critical errors.
Driver Qualification Violations (49 CFR Part 391)
- Medical Certification: Drivers must pass DOT physical every 2 years
- Driving Record Check: Companies must review 3-year driving history
- Previous Employer Verification: Must investigate 3-year employment history
- Drug Testing: Must pass pre-employment and random drug tests
- Training Requirements: Must complete entry-level driver training
Why This Matters: If the trucking company hired an unqualified driver, failed to check their background, or allowed them to drive without proper certification, they can be held liable for negligent hiring.
Vehicle Maintenance Violations (49 CFR Part 396)
- Pre-Trip Inspections: Drivers must inspect vehicles before every trip
- Annual Inspections: Vehicles must pass comprehensive annual inspection
- Maintenance Records: Must maintain records of all repairs and inspections
- Defect Reporting: Drivers must report defects and cannot operate unsafe vehicles
Why This Matters: Brake failures cause 29% of truck accidents. If the company failed to maintain the vehicle or ignored known defects, they’re responsible for resulting crashes.
Cargo Securement Violations (49 CFR Part 393)
- Working Load Limits: Tiedowns must have sufficient strength
- Number of Tiedowns: Minimum requirements based on cargo length and weight
- Load Distribution: Cargo must be evenly distributed to prevent instability
- Special Requirements: Different rules for logs, metal coils, heavy machinery
Why This Matters: Improperly secured cargo causes rollovers, spills, and loss-of-control accidents. We’ve seen cases where unsecured loads have crushed vehicles and killed occupants.
Electronic Logging Device (ELD) Mandate
Since December 18, 2017, most CMV drivers must use ELDs that:
- Automatically record driving time
- Synchronize with vehicle engine
- Record GPS location and speed
- Cannot be altered after the fact
Why This Matters: ELD data provides objective evidence of HOS violations that paper logs could hide. This data has been instrumental in numerous multi-million dollar verdicts.
The 10 Parties Who Could Be Liable for Your Injuries
18-wheeler accidents often involve multiple liable parties. We investigate every potential defendant to maximize your recovery:
-
The Truck Driver
- Direct negligence (speeding, distraction, impairment)
- Failure to conduct proper inspections
- Hours of service violations
-
The Trucking Company (Motor Carrier)
- Vicarious liability for driver’s actions
- Negligent hiring of unqualified drivers
- Negligent training and supervision
- Negligent maintenance of vehicles
- Pressure to violate hours of service
-
The Cargo Owner/Shipper
- Improper loading instructions
- Failure to disclose hazardous materials
- Pressure to meet unrealistic deadlines
-
The Cargo Loading Company
- Improper cargo securement
- Unbalanced load distribution
- Overloading beyond vehicle capacity
-
The Truck Manufacturer
- Design defects in vehicle systems
- Manufacturing defects in components
- Failure to warn of known dangers
-
The Parts Manufacturer
- Defective brakes, tires, or steering components
- Faulty safety systems (ABS, ESC, collision warning)
-
The Maintenance Company
- Negligent repairs that failed to fix problems
- Improper brake adjustments
- Use of substandard or wrong parts
-
The Freight Broker
- Negligent selection of unsafe carriers
- Failure to verify carrier safety record
- Failure to check insurance coverage
-
The Truck Owner (if different from carrier)
- Negligent entrustment of vehicle
- Failure to maintain owned equipment
-
Government Entities
- Dangerous road design
- Failure to maintain safe road conditions
- Inadequate signage for known hazards
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
Common Types of 18-Wheeler Accidents in Midland County
Jackknife Accidents
What Happens: The trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic.
Common Causes:
- Sudden braking on wet or icy roads
- Speeding on curves or in adverse conditions
- Empty or lightly loaded trailers (more prone to swing)
- Improperly loaded or unbalanced cargo
- Brake system failures
Midland County Factors:
Our region’s sudden dust storms and high winds can contribute to jackknife accidents, especially on I-20 and US-385 where trucks travel at high speeds.
Rollover Accidents
What Happens: The truck tips onto its side or roof, often involving multiple vehicles.
Common Causes:
- Speeding on curves, ramps, or turns
- Improperly secured or unevenly distributed cargo
- Liquid cargo “slosh” shifting center of gravity
- Overcorrection after tire blowout or lane departure
- Driver fatigue causing delayed reactions
Midland County Factors:
The oilfield industry generates significant tanker traffic carrying liquids that can shift during transport, increasing rollover risk.
Underride Collisions
What Happens: A passenger vehicle slides underneath the trailer, often resulting in decapitation or catastrophic injuries.
Types:
- Rear Underride: Vehicle strikes back of trailer
- Side Underride: Vehicle impacts side of trailer during turns or lane changes
Common Causes:
- Inadequate or missing underride guards
- Worn or damaged rear impact guards
- Sudden stops without adequate warning
- Low visibility conditions
- Wide right turns cutting off traffic
Midland County Factors:
The high volume of truck traffic on our highways increases underride collision risks, particularly at intersections and highway on-ramps.
Rear-End Collisions
What Happens: The truck strikes the back of another vehicle or vice versa.
Common Causes:
- Following too closely (tailgating)
- Driver distraction
- Driver fatigue
- Excessive speed for traffic conditions
- Brake failures from poor maintenance
Midland County Factors:
Sudden traffic slowdowns on I-20 and US-385, combined with driver fatigue from long hauls, contribute to rear-end collisions.
Wide Turn Accidents (“Squeeze Play”)
What Happens: The truck swings wide before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing the vehicle that entered the gap.
Common Causes:
- Failure to properly signal turning intention
- Inadequate mirror checks
- Improper turn technique
- Driver inexperience with trailer tracking
- Poor intersection design
Midland County Factors:
Our region’s mix of urban and rural intersections creates conditions where wide turn accidents frequently occur.
Blind Spot Collisions (“No-Zone” Accidents)
What Happens: The truck changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots.
The Four No-Zones:
- Front No-Zone: 20 feet directly in front of the cab
- Rear No-Zone: 30 feet behind the trailer
- Left Side No-Zone: Extends from cab door backward
- Right Side No-Zone: Extends from cab door backward (much larger than left)
Common Causes:
- Failure to check mirrors before lane changes
- Improperly adjusted mirrors
- Driver distraction
- Driver fatigue affecting situational awareness
Midland County Factors:
The high volume of truck traffic on our highways increases blind spot collision risks, particularly during lane changes.
Tire Blowout Accidents
What Happens: A tire failure causes the driver to lose control, often resulting in jackknifes, rollovers, or multi-vehicle accidents.
Common Causes:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Manufacturing defects
- Improper tire matching on dual wheels
Midland County Factors:
Our region’s extreme temperature swings and road debris from oilfield operations contribute to tire blowout risks.
Brake Failure Accidents
What Happens: The truck’s braking system fails or underperforms, preventing the driver from stopping in time.
Common Causes:
- Worn brake pads or shoes not replaced
- Improper brake adjustments
- Air brake system leaks or failures
- Overheated brakes (brake fade) on long descents
- Contaminated brake fluid
- Defective brake components
Midland County Factors:
The long, straight stretches of I-20 and US-385 can lead to brake fade from prolonged use, particularly in mountainous areas.
Cargo Spill/Shift Accidents
What Happens: Improperly secured cargo falls from the truck or shifts during transport, causing accidents.
Types:
- Cargo Shift: Load moves during transit, destabilizing the truck
- Cargo Spill: Load falls from truck onto roadway
- Hazmat Spill: Hazardous materials leak or spill
Common Causes:
- Inadequate tiedowns
- Improper loading distribution
- Failure to use blocking, bracing, or friction mats
- Tiedown failure due to wear or damage
- Overloading beyond securement capacity
Midland County Factors:
The oil and gas industry generates significant oversize/overweight loads that require specialized securement, increasing the risk of spills and shifts.
What to Do After an 18-Wheeler Accident in Midland County
If you’ve been involved in a trucking accident in Midland County, follow these steps to protect your rights:
-
Call 911 Immediately
- Report the accident and request medical assistance
- Request law enforcement to document the scene
-
Seek Medical Attention
- Even if you feel okay, get checked out immediately
- Adrenaline masks pain – internal injuries may not be apparent
- Midland County hospitals and trauma centers can identify injuries that will become critical evidence
-
Document the Scene
- Take photos of all vehicle damage (inside and out)
- Photograph the accident scene, road conditions, and skid marks
- Capture images of any visible injuries
- Record weather conditions and visibility
-
Collect Critical Information
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact information
- Insurance information for all parties
- Witness names and phone numbers
-
Preserve Evidence
- Do NOT move vehicles unless necessary for safety
- Do NOT allow the truck to be repaired or sold
- Do NOT give recorded statements to any insurance company
-
Contact an 18-Wheeler Accident Attorney
- Call Attorney911 at 1-888-ATTY-911 immediately
- We’ll send preservation letters to protect critical evidence
- Time is critical – evidence disappears quickly
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
How We Investigate Your Midland County Trucking Accident
Our comprehensive investigation process leaves no stone unturned:
Phase 1: Immediate Response (0-72 Hours)
- Accept your case and send preservation letters same day
- Deploy accident reconstruction experts to the scene if needed
- Obtain police crash report
- Photograph client injuries with medical documentation
- Photograph all vehicles before they’re repaired or scrapped
- Identify all potentially liable parties
Phase 2: Evidence Gathering (Days 1-30)
- Subpoena ECM/black box data downloads
- Request driver’s paper log books (backup documentation)
- Obtain complete Driver Qualification File from carrier
- Request all truck maintenance and inspection records
- Obtain carrier’s CSA safety scores and inspection history
- Order driver’s complete Motor Vehicle Record (MVR)
- Subpoena driver’s cell phone records
- Obtain dispatch records and delivery schedules
Phase 3: Expert Analysis
- Accident reconstruction specialist creates crash analysis
- Medical experts establish causation and future care needs
- Vocational experts calculate lost earning capacity
- Economic experts determine present value of all damages
- Life care planners develop comprehensive care plans
- FMCSA regulation experts identify all violations
Phase 4: Litigation Strategy
- File lawsuit before statute of limitations expires (2 years in Texas)
- Pursue aggressive discovery against all potentially liable parties
- Depose truck driver, dispatcher, safety manager, maintenance personnel
- Build case for trial while negotiating settlement from position of strength
- Prepare every case as if going to trial (creates leverage in negotiations)
The Insurance Battle: What You’re Really Up Against
Trucking companies and their insurers have one goal: pay you as little as possible. Here’s how they’ll try to minimize your claim – and how we counter their tactics:
| Insurance Tactic | How They Do It | How We Counter It |
|---|---|---|
| Quick Lowball Settlement | Offer fast settlement before you understand your injuries | Never accept early offers; calculate full future damages first |
| Denying Injuries | Claim your injuries aren’t serious or are pre-existing | Obtain comprehensive medical documentation and expert testimony |
| Blaming You | Argue you were partially or fully at fault | Investigate fully; gather evidence disproving fault allegations |
| Delaying Claims | Drag out the process hoping you’ll settle for less | File lawsuit to force discovery; set depositions |
| Recorded Statements | Get you to say things they can use against you | Advise clients NEVER give statements without attorney present |
| Pre-Existing Conditions | Claim your injuries existed before the accident | Apply Texas “Eggshell Skull” doctrine (take plaintiff as found) |
| Gap in Treatment | Use delays in medical care to argue injuries aren’t serious | Document all treatment; explain gaps with medical records |
| Surveillance | Send investigators to film your daily activities | Advise clients on appropriate conduct; expose unfair surveillance |
| Independent Medical Exams | Send you to “their” doctor to minimize injuries | Counter with client’s treating physicians and independent experts |
| Paperwork Overload | Drown you in forms and requests to wear you down | Aggressive litigation and motion practice to force resolution |
Our Insider Advantage:
Lupe Peña, our associate attorney, spent years working for a national insurance defense firm. He knows exactly how insurance companies train their adjusters to minimize claims. Now he uses that insider knowledge to fight for maximum compensation for our clients.
Your Rights Under Texas Law
Texas law provides strong protections for trucking accident victims:
Statute of Limitations:
- 2 years from the date of the accident to file a lawsuit
- Don’t wait – evidence disappears quickly in trucking cases
Comparative Negligence:
- Texas uses a “modified comparative negligence” system
- You can recover damages if you’re 50% or less at fault
- Your recovery is reduced by your percentage of fault
- If you’re more than 50% at fault, you cannot recover anything
Damage Caps:
- No cap on economic damages (medical expenses, lost wages)
- No cap on non-economic damages (pain and suffering) in most cases
- Punitive damages capped at the greater of:
- 2x economic damages + non-economic damages (capped at $750,000)
- $200,000
Punitive Damages:
Available when the trucking company or driver acted with:
- Gross negligence
- Willful misconduct
- Conscious indifference to safety
- Fraud (falsifying logs, destroying evidence)
What Your Case Might Be Worth
Case values depend on many factors, but here are some Midland County examples:
Economic Damages:
- Past and future medical expenses
- Lost wages and benefits
- Lost earning capacity
- Property damage
- Out-of-pocket expenses
- Life care costs
Non-Economic Damages:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement
- Physical impairment
- Loss of consortium
Punitive Damages:
- Available in cases of gross negligence or willful misconduct
- Designed to punish wrongdoers and deter future misconduct
Midland County Case Examples:
While every case is unique, here are some typical ranges for trucking accident injuries in our region:
| Injury Type | Typical Settlement Range | Factors Affecting Value |
|---|---|---|
| Soft Tissue Injuries | $15,000 – $60,000 | Treatment duration, pre-existing conditions |
| Herniated Disc (Non-Surgical) | $50,000 – $200,000 | Pain levels, activity limitations |
| Herniated Disc (With Surgery) | $346,000 – $1,205,000 | Type of surgery, recovery time, permanent limitations |
| Traumatic Brain Injury | $1,548,000 – $9,838,000+ | Severity, cognitive impairment, long-term care needs |
| Spinal Cord Injury (Paraplegia) | $4,770,000 – $25,880,000+ | Level of injury, permanent disability, care needs |
| Spinal Cord Injury (Quadriplegia) | $10,000,000 – $50,000,000+ | Level of injury, permanent disability, 24/7 care needs |
| Amputation | $1,945,000 – $8,630,000 | Type of amputation, prosthetic needs, career impact |
| Wrongful Death | $1,910,000 – $9,520,000+ | Decedent’s age, earning capacity, number of dependents |
Why Trucking Cases Are Worth More:
- Trucking companies carry higher insurance limits ($750,000 minimum, often $1-5 million)
- Multiple liable parties increase available coverage
- Catastrophic injuries require larger settlements
- Punitive damages may be available for gross negligence
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client
Why Choose Attorney911 for Your Midland County Trucking Case
25+ Years of Experience
Ralph Manginello has been fighting for injury victims since 1998. Our team brings decades of experience to every case.
Federal Court Admission
We’re admitted to practice in the U.S. District Court, Southern District of Texas – essential for interstate trucking cases.
Former Insurance Defense Attorney
Lupe Peña spent years on the other side, giving us insider knowledge of how insurance companies evaluate and minimize claims.
Multi-Million Dollar Results
We’ve recovered millions for trucking accident victims, including cases against major carriers like Walmart, Amazon, FedEx, and UPS.
Local Knowledge
We know Midland County’s trucking corridors, courts, and the unique challenges of our region’s oil and gas industry.
Bilingual Services
Hablamos Español. Many of our clients in Midland County speak Spanish as their primary language.
Contingency Fee Basis
You pay nothing unless we win your case. We advance all costs of investigation and litigation.
24/7 Availability
Trucking accidents don’t wait for business hours. We’re available around the clock to protect your rights.
Comprehensive Resources
We have the financial resources to take on large trucking companies and their insurers.
Trial-Ready Approach
We prepare every case as if it’s going to trial, creating maximum leverage in settlement negotiations.
Our Midland County Trucking Accident Case Results
At Attorney911, we’ve secured significant recoveries for trucking accident victims:
- $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
“In the beginning I had another attorney but he dropped my case although Manginello law firm were able to help me out.”
— Greg Garcia, Attorney911 Client
The Attorney911 Difference
What Sets Us Apart:
✅ Personal Attention: You’re not just a case number – you’re family
✅ Aggressive Representation: We fight for every dollar you deserve
✅ Insider Knowledge: Our former insurance defense attorney knows their tactics
✅ Proven Results: Multi-million dollar settlements and verdicts
✅ Local Expertise: We know Midland County’s courts and trucking corridors
✅ No Fee Unless We Win: Zero risk to you
What Our Clients Say:
“They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
— Glenda Walker
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle
Frequently Asked Questions About Midland County Trucking Accidents
Q: What should I do immediately after an 18-wheeler accident in Midland County?
A: If you’ve been in a trucking accident in Midland County, take these steps immediately:
- 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
Q: How long do I have to file a trucking accident lawsuit in Texas?
A: The statute of limitations for personal injury claims in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases, and the sooner we can begin our investigation, the stronger your case will be.
Q: Who can I sue after an 18-wheeler accident?
A: 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)
Q: What if the truck driver says the accident was my fault?
A: Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation as long as you’re not more than 50% responsible. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened.
Q: How much are 18-wheeler accident cases worth in Midland County?
A: Case values depend on many factors, including:
- 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 limits ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents.
Q: Will my trucking accident case go to trial?
A: Most cases settle before trial, but we prepare every case as if it’s going to trial. This approach creates maximum leverage in settlement negotiations. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys.
Q: Do I need to pay anything upfront to hire your firm?
A: 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.
Q: What is a spoliation letter and why is it important?
A: 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.
Q: What is a truck’s “black box” and how does it help my case?
A: Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to an airplane’s black box. 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.
Q: What is an ELD and why is it important?
A: 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.
Q: How long does the trucking company keep black box and ELD data?
A: 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.
Q: What records should my attorney get from the trucking company?
A: 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
Q: Can the trucking company destroy evidence?
A: 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
Q: What are hours of service regulations and how do violations cause accidents?
A: 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.
Q: What FMCSA regulations are most commonly violated in accidents?
A: 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
Q: What is a Driver Qualification File and why does it matter?
A: 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.
Q: How do pre-trip inspections relate to my accident case?
A: 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.
Q: What injuries are common in 18-wheeler accidents?
A: 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
Q: How much does it cost to hire an 18-wheeler accident attorney?
A: Nothing upfront. We work on contingency – you pay nothing unless we win your case. Our fee is a percentage of the recovery, and we advance all costs of investigation and litigation.
Q: What if I was partially at fault for the accident?
A: Texas uses a modified comparative negligence system. As long as you’re not more than 50% at fault, you can still recover damages. Your recovery will be reduced by your percentage of fault. For example, if you’re 20% at fault, you’ll recover 80% of your damages.
Q: How long do trucking accident cases take to resolve?
A: 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.
Q: What if the trucking company’s insurance tries to settle quickly?
A: 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.
Q: How much insurance do trucking companies carry?
A: 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.
Q: What if multiple insurance policies apply to my accident?
A: 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.
Q: What if I don’t speak English well?
A: Hablamos Español. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. Many of our Midland County clients speak Spanish as their primary language, and we’re committed to serving our entire community.
Take Action Now: Protect Your Rights
If you or a loved one has been injured in an 18-wheeler accident in Midland County, time is critical. Evidence disappears quickly, and the trucking company’s lawyers are already working to protect their interests.
Call Attorney911 now at 1-888-ATTY-911 for a free consultation.
We’ll:
✅ Send preservation letters immediately to protect critical evidence
✅ Begin our comprehensive investigation
✅ Handle all communications with insurance companies
✅ Fight for the maximum compensation you deserve
Don’t wait – your future depends on what you do next.
“The trucking company is hoping you don’t know your rights. Let’s change that.”
— Ralph Manginello, Managing Partner
Call 1-888-ATTY-911 now. We answer 24/7.
Hablamos Español. Llame al 1-888-ATTY-911 para una consulta gratis.