18-Wheeler Accident Lawyers in Mitchell County, Texas | Attorney911
Every year, thousands of 18-wheeler accidents occur on Texas highways. If you or a loved one has been seriously injured in a trucking accident in Mitchell County, you need an attorney who understands federal trucking regulations and how to hold negligent trucking companies accountable.
At Attorney911, we’ve been fighting for truck accident victims across West Texas for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes.
Why Mitchell County Trucking Accidents Are Different
We know Mitchell County’s trucking corridors, from I-20 to the local distribution routes serving Colorado City and the surrounding oil and gas industry. This local knowledge, combined with our understanding of FMCSA regulations, gives us an advantage in building your case.
Mitchell County sits at the intersection of major trucking routes that connect the Permian Basin to the rest of Texas and beyond. The I-20 corridor sees heavy truck traffic carrying oilfield equipment, agricultural products, and industrial supplies. Local highways like US-84 and FM-1982 also experience significant commercial vehicle traffic serving the county’s economic base.
The oil and gas industry, which dominates Mitchell County’s economy, creates unique trucking hazards. Specialized vehicles transporting drilling equipment, fracking materials, and hazardous substances require expert handling. When these trucks are involved in accidents, the consequences can be particularly severe due to the nature of their cargo and the specialized equipment involved.
The Devastating Reality of 18-Wheeler Accidents
The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. A fully loaded truck can weigh up to 80,000 pounds – 20-25 times heavier than your average passenger car. When these massive vehicles collide with smaller cars, the results are often tragic.
In Mitchell County, we’ve seen firsthand how these accidents change lives in an instant. The most common injuries we encounter include:
- Traumatic Brain Injury (TBI): From mild concussions to severe, life-altering brain damage
- Spinal Cord Injuries: Often resulting in partial or complete paralysis
- Amputations: Loss of limbs due to crushing injuries
- Severe Burns: From fuel fires and chemical spills
- Internal Organ Damage: Life-threatening injuries that may not be immediately apparent
- Wrongful Death: Leaving families devastated and searching for answers
The aftermath of these accidents extends far beyond physical injuries. Families face mounting medical bills, lost wages, and the emotional toll of recovery. Many victims require lifelong care and support, fundamentally changing their quality of life.
Common Causes of Trucking Accidents in Mitchell County
Understanding why these accidents happen is crucial to building a strong case. In Mitchell County, we frequently see:
Driver Fatigue and Hours of Service Violations
Truck drivers in Mitchell County often face pressure to meet tight delivery deadlines, especially in the oil and gas industry where just-in-time delivery is critical. FMCSA regulations limit drivers to:
- 11 hours of driving after 10 consecutive hours off duty
- A 14-hour on-duty window
- A 30-minute break after 8 cumulative hours of driving
- 60/70-hour weekly limits
Despite these regulations, we regularly uncover violations in Mitchell County cases. Drivers may falsify their logs or be pressured by carriers to exceed these limits. When fatigue sets in, reaction times slow, judgment becomes impaired, and accidents become more likely.
Improper Maintenance and Brake Failures
Mitchell County’s rugged terrain and heavy truck traffic put significant stress on commercial vehicles. Poor maintenance is a leading cause of truck accidents. Common maintenance issues we encounter include:
- Worn brake pads and shoes
- Improperly adjusted brakes
- Air brake system leaks
- Tire blowouts from worn or underinflated tires
- Faulty steering components
- Malfunctioning lighting and reflectors
Federal regulations require systematic inspection, repair, and maintenance of all commercial motor vehicles. When trucking companies cut corners on maintenance to save costs, they put everyone on the road at risk.
Cargo Securement Failures
Improperly secured cargo is a major hazard on Mitchell County roads. When cargo shifts or falls from a truck, it can cause:
- Rollovers when the center of gravity shifts
- Multi-vehicle accidents when debris strikes other vehicles
- Chemical spills and environmental hazards
- Roadway obstructions that cause secondary crashes
FMCSA regulations specify detailed cargo securement requirements, including working load limits for tiedowns and specific procedures for different types of cargo. In Mitchell County, we frequently see violations involving oilfield equipment, agricultural products, and industrial materials.
Distracted and Impaired Driving
Despite strict regulations, distracted and impaired driving remains a problem in the trucking industry. Common distractions we see in Mitchell County cases include:
- Cell phone use (texting, calls, GPS)
- Dispatch communications
- Eating and drinking while driving
- In-cab entertainment systems
- Fatigue-related distraction
Alcohol and drug use also contribute to trucking accidents. FMCSA regulations prohibit:
- Any alcohol use within 4 hours of driving
- Alcohol use while on duty
- Operating with a BAC of .04 or higher
- Use of Schedule I substances
- Use of other impairing substances
Speeding and Reckless Driving
Mitchell County’s highways, particularly I-20, see heavy truck traffic moving at high speeds. Speeding is especially dangerous for large trucks because:
- Stopping distances increase dramatically
- Higher speeds make rollovers more likely
- Impact forces are much greater
- Drivers have less time to react to hazards
Federal regulations prohibit carriers from scheduling runs that require speeding to complete. However, we frequently uncover evidence of carriers pressuring drivers to meet unrealistic schedules.
The Trucking Company’s Playbook – And How We Counter It
Trucking companies and their insurers have a well-rehearsed playbook for minimizing claims. They begin protecting their interests immediately after an accident. Here’s what they do – and how we counter their tactics:
Immediate Evidence Preservation (Or Destruction)
Their Move: Within hours of an accident, trucking companies dispatch rapid-response teams to:
- Download and potentially alter black box data
- Collect and control physical evidence
- Influence witnesses
- Begin building their defense
Our Counter: We send spoliation letters immediately to preserve:
- ECM/Black Box data (speed, braking, throttle)
- ELD records (hours of service)
- Dashcam footage
- Maintenance records
- Driver qualification files
- Cell phone records
- Cargo documentation
Lowball Settlement Offers
Their Move: Insurance adjusters contact victims quickly with lowball settlement offers, often while they’re still in the hospital. They know victims are vulnerable and may accept far less than their case is worth.
Our Counter: We never accept early offers. Our team includes a former insurance defense attorney who knows exactly how adjusters are trained to minimize claims. We calculate the full value of your case, including future medical needs and lost earning capacity.
Blaming the Victim
Their Move: Insurance companies frequently claim the victim was partially or fully at fault. They may argue:
- You were speeding
- You failed to yield
- You made an unsafe lane change
- You could have avoided the accident
Our Counter: Texas follows modified comparative negligence rules. As long as you’re not more than 50% at fault, you can still recover damages. We gather evidence to refute these claims, including:
- Black box data
- Witness statements
- Accident reconstruction
- Surveillance footage
- Cell phone records
Delaying the Claims Process
Their Move: Insurance companies know that the longer they delay, the more financial pressure victims face. They may:
- Request unnecessary documentation
- Ignore requests for information
- Delay scheduling medical evaluations
- Make repeated lowball offers
Our Counter: We keep your case moving forward. When necessary, we file lawsuits to force action. Our experience with the court system in Mitchell County and throughout Texas helps us navigate delays effectively.
The Evidence We Pursue in Every Mitchell County Trucking Case
Building a strong trucking accident case requires gathering comprehensive evidence. In Mitchell County, we pursue:
Electronic Evidence
ECM/Black Box Data: This critical evidence records:
- Speed before and during the crash
- Brake application timing
- Throttle position
- Engine RPM
- Cruise control status
- Fault codes
ELD Records: Electronic Logging Devices prove:
- Hours of service compliance
- Driving time
- Rest breaks
- GPS location history
Cell Phone Records: We subpoena records to prove:
- Texting while driving
- Phone calls while driving
- GPS or app usage
Dashcam Footage: Many trucks have cameras that record:
- Road conditions
- Driver behavior
- The moments leading up to the crash
Driver and Company Records
Driver Qualification File: Contains:
- Employment application
- Driving record
- Medical certification
- Drug test results
- Training records
Maintenance Records: Show:
- Inspection history
- Repair history
- Known defects
- Compliance with maintenance schedules
Dispatch Records: Reveal:
- Trip schedules
- Delivery deadlines
- Communication between driver and company
Safety Records: Include:
- CSA scores
- Inspection history
- Out-of-service violations
- Previous accident history
Physical Evidence
The Truck and Trailer: We inspect for:
- Brake condition
- Tire condition
- Cargo securement
- Lighting functionality
- Structural integrity
Accident Scene Evidence: We document:
- Skid marks
- Road conditions
- Traffic signals
- Weather conditions
- Debris patterns
Cargo Evidence: We examine:
- Securement devices
- Load distribution
- Cargo condition
- Shipping documentation
Who Can Be Held Liable in a Mitchell County Trucking Accident?
Unlike car accidents where typically only one driver is at fault, trucking accidents often involve multiple liable parties. In Mitchell County, we investigate and pursue claims against:
The Truck Driver
The driver may be personally liable for:
- Speeding or reckless driving
- Distracted driving
- Fatigued driving
- Impaired driving
- Failure to conduct proper inspections
- Traffic law violations
The Trucking Company/Motor Carrier
The company may be liable under several legal theories:
- Respondeat Superior: Liability for employee actions within the scope of employment
- Negligent Hiring: Failing to properly vet drivers
- Negligent Training: Inadequate safety training
- Negligent Supervision: Failing to monitor driver performance
- Negligent Maintenance: Poor vehicle upkeep
- Negligent Scheduling: Pressuring drivers to violate HOS regulations
The Cargo Owner/Shipper
The company that owns the cargo may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous cargo
- Requiring overweight loading
- Pressuring carriers to expedite shipments
The Loading Company
Third-party loading companies may be liable for:
- Improper cargo securement
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking and bracing
Truck and Parts Manufacturers
Manufacturers may be liable for:
- Defective brake systems
- Defective tires
- Defective steering components
- Defective lighting systems
- Defective safety systems
Maintenance Companies
Third-party maintenance providers may be liable for:
- Negligent repairs
- Failure to identify safety issues
- Using substandard parts
- Returning vehicles to service with known defects
Freight Brokers
Freight brokers who arrange transportation may be liable for:
- Negligent carrier selection
- Failure to verify carrier safety records
- Failure to check carrier insurance
Government Entities
In limited circumstances, government entities may be liable for:
- Dangerous road design
- Failure to maintain roads
- Inadequate signage
- Failure to install safety barriers
The Catastrophic Injuries We See in Mitchell County Trucking Cases
The sheer size and weight of 18-wheelers make these accidents particularly devastating. In Mitchell County, we frequently see:
Traumatic Brain Injury (TBI)
TBI occurs when the brain is damaged by sudden trauma. In trucking accidents, this often happens when the head strikes the steering wheel, dashboard, or other hard surfaces. TBIs range from mild concussions to severe, life-altering brain damage.
Symptoms may include:
- Headaches and dizziness
- Memory loss and confusion
- Difficulty concentrating
- Mood changes and depression
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- Speech difficulties
- Personality changes
Long-term consequences can include:
- Permanent cognitive impairment
- Inability to work
- Need for lifelong care and supervision
- Increased risk of dementia and Alzheimer’s
- Depression and emotional disorders
Spinal Cord Injuries and Paralysis
Spinal cord injuries disrupt communication between the brain and body, often resulting in paralysis. The level of injury determines the extent of paralysis:
- Paraplegia: Loss of function below the waist
- Quadriplegia: Loss of function in all four limbs
- Incomplete Injury: Some nerve function remains
- Complete Injury: No nerve function below the injury
Spinal cord injuries often require:
- Immediate emergency surgery
- Long-term rehabilitation
- Home modifications
- Assistive devices (wheelchairs, braces)
- 24/7 care in severe cases
Amputations
Amputations occur when limbs are severed in the accident or when injuries are so severe that surgical amputation is required. Trucking accidents often cause amputations due to:
- Crushing forces from the impact
- Entrapment requiring amputation for extraction
- Severe burns requiring surgical removal
- Infections from open wounds
Amputations require:
- Initial surgery and hospitalization
- Prosthetic limbs ($5,000 – $50,000+ each)
- Ongoing prosthetic replacements
- Physical and occupational therapy
- Psychological counseling
Severe Burns
Burns are common in trucking accidents due to:
- Fuel tank ruptures and fires
- Hazmat cargo spills and ignition
- Electrical fires from damaged wiring
- Friction burns from road contact
- Chemical burns from hazmat exposure
Burns are classified by severity:
- First Degree: Affects only the outer layer of skin
- Second Degree: Affects outer and underlying layer of skin
- Third Degree: Destroys all layers of skin
- Fourth Degree: Extends to muscle and bone
Severe burns require:
- Multiple reconstructive surgeries
- Skin graft procedures
- Long-term wound care
- Pain management
- Psychological support
Internal Organ Damage
Internal injuries may not be immediately apparent but can be life-threatening. Common internal injuries include:
- Liver lacerations or ruptures
- Spleen damage requiring removal
- Kidney damage
- Lung contusions or collapse (pneumothorax)
- Internal bleeding (hemorrhage)
- Bowel and intestinal damage
These injuries often require:
- Emergency surgery
- Blood transfusions
- Intensive care
- Ongoing monitoring
Wrongful Death
When trucking accidents claim lives, surviving family members may pursue wrongful death claims. In Mitchell County, these claims can recover:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses incurred before death
- Pain and suffering experienced by the decedent
- Punitive damages in cases of gross negligence
The Compensation You May Be Entitled To
Trucking companies carry much higher insurance limits than typical car insurance policies. This means there’s often significant compensation available for victims. In Mitchell County, we pursue:
Economic Damages
Medical Expenses:
- Emergency room treatment
- Hospitalization
- Surgeries
- Rehabilitation
- Physical therapy
- Medications
- Medical equipment
- Future medical care
Lost Wages:
- Income lost due to time off work
- Reduced earning capacity if you can’t return to previous job
- Lost benefits (health insurance, retirement contributions)
Property Damage:
- Vehicle repair or replacement
- Personal property damaged in the accident
Out-of-Pocket Expenses:
- Transportation to medical appointments
- Home modifications
- Assistive devices
- Home care services
Non-Economic Damages
Pain and Suffering:
- Physical pain from injuries
- Emotional distress
- Mental anguish
Loss of Enjoyment:
- Inability to participate in activities you previously enjoyed
Disfigurement:
- Scarring and visible injuries
Physical Impairment:
- Reduced physical capabilities
Loss of Consortium:
- Impact on marriage and family relationships
Punitive Damages
In cases of gross negligence or willful misconduct, punitive damages may be available to punish the wrongdoer and deter similar conduct. This might apply in cases involving:
- Knowingly hiring unqualified drivers
- Pressuring drivers to violate HOS regulations
- Falsifying log books
- Destroying evidence
- Ignoring known safety violations
The 48-Hour Evidence Preservation Protocol
Evidence in trucking accident cases disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours. If you don’t act fast, critical evidence will be lost forever.
Why 48 Hours Matters
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
| Drug/Alcohol Tests | Must be conducted within specific windows |
Our Immediate Action Plan
When you call Attorney911 after a Mitchell County trucking accident, we take immediate action:
-
Send Spoliation Letters: Within 24-48 hours, we send formal legal notices to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence.
-
Preserve Electronic Data:
- Demand immediate download of ECM/Black Box data
- Secure ELD records showing hours of service
- Obtain GPS and telematics data
- Preserve dashcam footage
-
Secure Physical Evidence:
- Photograph the truck and trailer before repair
- Inspect cargo securement devices
- Document the accident scene
- Preserve failed components for analysis
-
Gather Witness Statements:
- Interview witnesses while memories are fresh
- Obtain written statements
- Preserve contact information
-
Document Your Injuries:
- Photograph injuries at various stages of healing
- Document medical treatment
- Record your pain levels and limitations
The Mitchell County Trucking Accident Case Process
When you work with Attorney911, we guide you through every step of the process:
1. Immediate Response (0-72 Hours)
- Accept your case and send preservation letters
- Deploy accident reconstruction experts if needed
- Obtain police crash report
- Photograph your injuries and medical documentation
- Photograph all vehicles before repair or disposal
- Identify all potentially liable parties
2. Evidence Gathering (Days 1-30)
- Subpoena ECM/Black Box data downloads
- Request driver’s paper log books (if used)
- Obtain complete Driver Qualification File
- Secure 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
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
4. Litigation Strategy
- File lawsuit before statute of limitations expires (2 years in Texas)
- Pursue aggressive discovery against all liable parties
- Depose truck driver, dispatcher, safety manager, maintenance personnel
- Build case for trial while negotiating settlement
- Prepare every case as if going to trial
5. Resolution
- Negotiate settlement from position of strength
- Present case to jury if fair settlement cannot be reached
- Ensure you receive maximum compensation
Why Choose Attorney911 for Your Mitchell County Trucking Case?
When you’re facing the aftermath of a catastrophic trucking accident, you need more than just a lawyer – you need a team with the experience, resources, and dedication to fight for your rights. Here’s why Mitchell County families choose Attorney911:
25+ Years of Trucking Litigation Experience
Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. With over 25 years of courtroom experience, Ralph has handled hundreds of trucking cases against major commercial carriers. His federal court admission to the U.S. District Court, Southern District of Texas, is crucial for interstate trucking cases.
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
Former Insurance Defense Attorney on Staff
Our team includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. This gives us insider knowledge of exactly how trucking insurance companies evaluate, minimize, and deny claims. Lupe knows every tactic they’ll use against you – and how to counter it.
Proven Multi-Million Dollar Results
We’ve recovered millions for trucking accident victims across Texas:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- Millions recovered for families in trucking-related wrongful death cases
Local Knowledge of Mitchell County
We understand Mitchell County’s unique trucking landscape:
- The I-20 corridor’s heavy truck traffic
- Local oil and gas industry trucking patterns
- Mitchell County courts and judges
- Local hospitals and medical providers
- The economic factors that influence trucking in West Texas
Comprehensive Legal Team
Our firm includes:
- Experienced trial attorneys
- Former insurance defense lawyers
- Accident reconstruction experts
- Medical and vocational experts
- Investigators
- Support staff
Contingency Fee Representation
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.
Bilingual Services
Mitchell County has a significant Hispanic population, many of whom work in the trucking and oil industries. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.
“Especially Miss Zulema, who is always very kind and always translates.”
— Celia Dominguez, Attorney911 Client
The Attorney911 Advantage
At Attorney911, we combine aggressive legal representation with compassionate client service. Here’s what sets us apart:
We Treat You Like Family
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client
We understand that you’re going through one of the most difficult times in your life. We treat every client with the care and respect we’d want for our own family members.
We Take Cases Other Firms Reject
“One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”
— Donald Wilcox, Attorney911 Client
Many law firms turn away cases they consider too difficult or not lucrative enough. We believe every victim deserves justice, and we have the resources to take on even the most challenging cases.
We Solve Cases Faster Than Competitors
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
While we never rush cases at the expense of full compensation, our experience and resources allow us to resolve cases efficiently. We understand that you need resolution to move forward with your life.
We Have Direct Attorney Access
“Ralph reached out personally.”
— Dame Haskett, Attorney911 Client
Unlike large firms where you might only speak to paralegals, at Attorney911 you have direct access to our attorneys. Ralph Manginello personally handles cases and is available to clients.
We Fight for Maximum Compensation
“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, Attorney911 Client
We never settle for less than what your case is worth. Our goal is to maximize your recovery so you can focus on healing and rebuilding your life.
Common Mitchell County Trucking Accident Scenarios
Mitchell County’s unique geography and economy create specific trucking accident risks:
I-20 Corridor Accidents
I-20 is a major east-west freight corridor connecting the Permian Basin to the rest of Texas and beyond. The high volume of truck traffic creates significant accident risks, particularly:
- Rear-end collisions from sudden traffic slowdowns
- Jackknife accidents on curves and ramps
- Cargo spills from improperly secured loads
- Fatigue-related accidents from long-haul drivers
Oilfield Equipment Transport Accidents
Mitchell County’s oil and gas industry requires specialized trucking operations that present unique hazards:
- Overweight and oversized loads
- Wide turns at rural intersections
- Hazardous material transport
- Fatigue from long hours in remote locations
- Improperly secured drilling equipment
Agricultural Product Transport
Mitchell County’s agricultural sector generates significant truck traffic:
- Grain haulers on rural roads
- Livestock transport
- Equipment transport during planting and harvest seasons
- Overloaded trucks exceeding weight limits
Local Distribution Accidents
Colorado City and other Mitchell County communities see local truck traffic:
- Delivery trucks in residential areas
- Garbage and waste haulers
- Local oilfield service vehicles
- Construction equipment transport
What to Do After a Trucking Accident in Mitchell County
If you’ve been involved in a trucking accident in Mitchell County, take these steps to protect your rights:
1. Call 911 Immediately
Report the accident and request emergency medical assistance. Even if injuries seem minor, get checked out by paramedics.
2. Seek Medical Attention
Go to the hospital or urgent care immediately. Many injuries, including TBI and internal injuries, may not show symptoms right away. Medical records create crucial evidence for your case.
3. Document the Scene
If you’re able, take photos and videos of:
- All vehicles involved
- License plates
- Trucking company names and logos
- DOT numbers on the truck
- Damage to all vehicles
- Skid marks and road conditions
- Traffic signals and signs
- Your injuries
- Witnesses
4. Collect Information
Get contact information from:
- The truck driver
- Witnesses
- Responding police officers
5. Don’t Give Statements
Do not give recorded statements to any insurance company. Anything you say can be used against you to minimize your claim.
6. Call Attorney911 Immediately
The sooner you call, the better we can preserve evidence and build your case. We answer calls 24/7 and can begin protecting your rights immediately.
Frequently Asked Questions About Mitchell County Trucking Accidents
What should I do immediately after an 18-wheeler accident in Mitchell County?
If you’ve been in a trucking accident in Mitchell 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
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. Mitchell County hospitals like Scurry County Hospital in Snyder can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene in Mitchell County?
Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney in Mitchell County?
IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
What is a spoliation letter and why is it important?
A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.
Who can I sue after an 18-wheeler accident in Mitchell County?
Multiple parties may be liable in trucking accidents:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
Is the trucking company responsible even if the driver caused the accident?
Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:
- Negligent hiring (hiring unqualified drivers)
- Negligent training (inadequate safety training)
- Negligent supervision (failing to monitor driver behavior)
- Negligent maintenance (poor vehicle upkeep)
What if the truck driver says the accident was my fault?
Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.
What is an owner-operator and does that affect my case?
An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.
What is a truck’s “black box” and how does it help my case?
Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes but for trucks. This data can show:
- Speed before and during the crash
- Brake application timing
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
What records should my attorney get from the trucking company?
We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Can the trucking company destroy evidence?
Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
What are hours of service regulations and how do violations cause accidents?
FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.
What FMCSA regulations are most commonly violated in accidents?
The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
What is a Driver Qualification File and why does it matter?
FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring.
How do pre-trip inspections relate to my accident case?
Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.
What injuries are common in 18-wheeler accidents in Mitchell County?
Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:
- Traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Multiple fractures
- Wrongful death
How much are 18-wheeler accident cases worth in Mitchell County?
Case values depend on many factors:
- Severity of injuries
- Medical expenses (past and future)
- Lost income and earning capacity
- Pain and suffering
- Degree of defendant’s negligence
- Insurance coverage available
Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.
What if my loved one was killed in a trucking accident in Mitchell County?
Texas allows wrongful death claims by surviving family members. You may recover:
- Lost future income
- Loss of companionship and guidance
- Mental anguish
- Funeral expenses
- Punitive damages if gross negligence
Time limits apply – contact us immediately to protect your rights.
How long do I have to file an 18-wheeler accident lawsuit in Mitchell County?
The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
How long do trucking accident cases take to resolve?
Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
Will my trucking accident case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
Do I need to pay anything upfront to hire your firm?
NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.
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.
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.
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.
Contact Attorney911 Today
If you or a loved one has been injured in a trucking accident in Mitchell County, don’t wait. Every hour counts when it comes to preserving evidence and protecting your rights.
Call us 24/7 at 1-888-ATTY-911 (1-888-288-9911)
We offer free consultations and work on contingency – you pay nothing unless we win your case. With offices serving all of West Texas, we’re never far from Mitchell County.
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
Our bilingual services ensure that Spanish-speaking clients receive direct representation without interpreters.
Don’t let the trucking company’s lawyers and insurance adjusters take advantage of you. Call Attorney911 today and put our experience to work for your case.