Fatal 18-Wheeler and Tractor-Trailer Crashes in Mitchell County, Texas: What Families Need to Know

You’re reading this because someone you love didn’t come home after driving on a road most people in Mitchell County take for granted. Maybe it was Interstate 20, where long-haul freight mixes with local traffic between Colorado City and Sweetwater. Maybe it was FM 1085, where oilfield service trucks run between well sites in the Permian Basin. Maybe it was the stretch of US-84 near Loraine, where grain haulers and livestock transporters share the road with families heading to work or school.

The truck that took your loved one was likely running for one of the major carriers that operate through West Texas—Werner Enterprises moving dry van between El Paso and the Midwest, Halliburton or Schlumberger hauling equipment to the Permian, or one of the Amazon Delivery Service Partner contractors making last-mile deliveries to homes across Mitchell County. The driver might have been on his 12th hour behind the wheel, the truck’s brakes might have been due for inspection, or the carrier might have ignored prior violations in its FMCSA Safety Measurement System profile. Whatever the specifics, the crash that changed everything for your family was preventable—and now the carrier’s lawyers have already started working to minimize what your case is worth.

We’re Attorney 911, and we’ve spent the last 24 years representing families in Mitchell County and across Texas after catastrophic truck crashes. Ralph Manginello, our managing partner, has been fighting for injury victims since 1998, and he’s admitted to federal court in the Southern District of Texas, where many Mitchell County cases end up. Lupe Peña, our associate attorney, spent years working for insurance defense firms, where he learned exactly how carriers value claims—and how they try to lowball families like yours. Together, we know what the defense playbook looks like, and we know how to build a case that forces the carrier to answer for what happened.

This guide walks you through what comes next, because Texas law is already running clocks you may not know about. You have two years from the date of the fatal injury to file a wrongful death claim under Texas Civil Practice and Remedies Code § 16.003. The carrier’s insurer is already calculating you as a settlement risk. The evidence that proves what really happened—the electronic logging device data, the dashcam footage, the maintenance records—is disappearing every day. We don’t want you to learn these rules the hard way. Let’s start with what you need to do right now.

The First 48 Hours: What the Carrier Hopes You Don’t Do

Within hours of a fatal truck crash in Mitchell County, the carrier’s rapid-response team swings into action. They’ll send investigators to the scene, pull the driver’s logs, and start building a narrative that shifts blame away from the company. Their first call to you won’t be from a lawyer—it’ll be from an adjuster, probably calling from a Dallas or Phoenix call center, who has never driven Mitchell County’s roads and doesn’t know that the intersection where the crash happened has been a known hazard for years.

Here’s what they’re hoping you do:

• Give a recorded statement—so they can twist your words later.
• Sign a quick settlement—before you know the full extent of your damages.
• Wait to hire a lawyer—so evidence disappears while they control it.
• Assume the driver is the only one at fault—so you don’t sue the carrier, the broker, or the shipper.

Here’s what we do in the first 48 hours:

1. Send a preservation letter to the carrier, the broker, the shipper, and any third-party telematics provider. The letter identifies the truck’s electronic control module, the electronic logging device (ELD), the dashcam footage, the dispatch communications, the Qualcomm or PeopleNet telematics feed, the maintenance records, the driver’s qualification file, the prior preventability determinations, and the post-accident drug and alcohol screens. We put the carrier on notice that spoliation—intentional or negligent destruction of evidence—will be argued, and an adverse inference charge will be sought if any of this disappears.
2. Pull the FMCSA Pre-Employment Screening Program (PSP) record on the driver. This report shows every crash, inspection, and violation the driver has had in the last five years.
3. Pull the carrier’s Safety Measurement System (SMS) profile by USDOT number. The SMS tracks the carrier’s performance in seven Behavior Analysis and Safety Improvement Categories (BASICs): Unsafe Driving, Hours-of-Service Compliance, Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Hazardous Materials Compliance, and Crash Indicator. If the carrier has a history of violations in the Hours-of-Service or Vehicle Maintenance BASICs, that’s a pattern of negligence we can use.
4. Identify all potentially liable parties—not just the driver. The carrier, the broker, the shipper, the maintenance contractor, the parts manufacturer, and even the Texas Department of Transportation (if road design contributed) could all share responsibility.

Leonor, one of our case managers, has gotten clients into doctors the same day they call us. Mongo Slade, a client from a similar case, said, “I was rear-ended and the team got right to work… I also got a very nice settlement.” That’s the kind of urgency your family deserves.

Texas Wrongful Death and Survival Claims: What the Law Gives You

Texas law gives surviving family members two separate claims after a fatal truck crash:

1. Wrongful death claim (Texas Civil Practice and Remedies Code § 71.001 et seq.): This claim belongs to the surviving spouse, children, and parents of the deceased. It compensates for the loss of love, companionship, society, and financial support. Under § 71.004, each surviving family member holds an independent claim—meaning the carrier can’t settle with one person and close the case for everyone.
2. Survival action (§ 71.021): This claim belongs to the deceased’s estate and compensates for the pain and suffering the deceased endured between the injury and death, as well as any medical bills incurred during that time.

Who can file?

• Surviving spouse
• Children (biological and adopted)
• Parents (biological and adoptive)
• The estate (through the executor or administrator)

What damages can you recover?

• Pecuniary losses: The financial support the deceased would have provided, including lost wages, benefits, and inheritance.
• Mental anguish: The emotional pain and suffering of the survivors.
• Loss of companionship and society: The loss of the deceased’s love, comfort, and guidance.
• Exemplary damages: If the carrier’s conduct was grossly negligent (e.g., falsifying logs, ignoring prior violations), the jury can award punitive damages to punish the carrier and deter future misconduct.

The two-year clock: Under § 16.003, you have exactly two years from the date of the fatal injury to file a wrongful death or survival action. This clock runs whether or not the carrier’s insurer is returning your calls. Once it runs out, your case is barred forever.

Jamin Marroquin, a client whose case we handled, said, “Mr. Manginello guided me through the whole process with great expertise… tenacious, accessible, and determined throughout the 19 months.” We’ll make sure you meet every deadline and preserve every legal option.

The Federal Regulations the Carrier Was Supposed to Follow

Commercial trucking is one of the most heavily regulated industries in the United States. The Federal Motor Carrier Safety Regulations (FMCSR) set the rules for everything from driver qualifications to vehicle maintenance to hours of service. When a carrier violates these rules, it’s not just negligence—it’s negligence per se under Texas law, meaning the violation itself is proof of fault.

Here are the key regulations that apply to your case:

1. Hours of Service (49 C.F.R. Part 395)

The FMCSR limits how long a commercial driver can be on duty and behind the wheel. For property-carrying drivers (like most tractor-trailers):

• 11-hour driving limit: After 10 consecutive hours off duty, a driver can drive up to 11 hours.
• 14-hour duty limit: The driver must stop driving after 14 consecutive hours on duty, even if they haven’t driven 11 hours.
• 30-minute break: Drivers must take a 30-minute break after 8 hours of driving.
• 60/70-hour limit: Drivers can’t drive after 60 hours on duty in 7 days or 70 hours in 8 days.

How carriers cheat the system:

• Falsifying logs: Before electronic logging devices (ELDs) were mandated in 2017, drivers could easily falsify paper logs. Even with ELDs, drivers and carriers have found ways to manipulate the data—like claiming “yard moves” or “personal conveyance” to avoid logging driving time.
• Dispatch pressure: Carriers often pressure drivers to meet unrealistic delivery schedules, leading to fatigue. Lupe Peña, our associate attorney, saw this firsthand when he worked for insurance defense firms. He knows how carriers push drivers to break the rules—and how to prove it.

What we look for:

• ELD data discrepancies (e.g., the driver was logged as “off duty” but the truck was moving).
• Dispatch records showing unrealistic delivery schedules.
• Prior hours-of-service violations in the carrier’s SMS profile.

2. Driver Qualifications (49 C.F.R. Part 391)

Carriers are responsible for ensuring their drivers are qualified to operate commercial vehicles. This includes:

• Medical certification: Drivers must pass a physical exam every two years and carry a valid medical certificate.
• Commercial driver’s license (CDL): Drivers must hold a CDL with the appropriate endorsements (e.g., hazmat, tanker).
• Background checks: Carriers must verify the driver’s employment history, driving record, and drug/alcohol testing history.

What we look for:

• Prior violations: If the driver had a history of crashes, DUIs, or hours-of-service violations, the carrier should have known they were a risk.
• Medical disqualifications: If the driver had a medical condition (e.g., sleep apnea, epilepsy) that should have disqualified them, the carrier is liable for hiring them.
• False certifications: If the driver lied on their application or the carrier failed to verify their background, that’s negligent hiring.

3. Vehicle Maintenance and Inspection (49 C.F.R. Part 396)

Carriers must inspect, repair, and maintain their vehicles to ensure they’re safe to operate. This includes:

• Pre-trip inspections: Drivers must inspect their vehicles before every trip and report any defects.
• Periodic inspections: Vehicles must undergo a thorough inspection at least once a year.
• Brake systems: Brakes must be adjusted and maintained to ensure they work properly. Tire tread depth must be at least 4/32 of an inch.

What we look for:

• Maintenance records: If the carrier failed to fix known defects (e.g., brakes, tires, lights), that’s negligent maintenance.
• Post-crash inspections: If the truck failed a post-crash inspection, that’s evidence of poor maintenance.
• Prior violations: If the carrier has a history of vehicle maintenance violations in its SMS profile, that’s a pattern of negligence.

4. Drug and Alcohol Testing (49 C.F.R. Part 382)

Carriers must test drivers for drugs and alcohol in several situations:

• Pre-employment: Before hiring a driver.
• Random: Drivers must be randomly tested throughout the year.
• Post-accident: After any crash involving a fatality or injury requiring medical treatment.
• Reasonable suspicion: If a supervisor suspects the driver is under the influence.

What we look for:

• Post-accident test results: If the driver tested positive for drugs or alcohol, that’s gross negligence under Texas law and opens the door to exemplary damages.
• Prior violations: If the driver had a history of failed drug or alcohol tests, the carrier should have known they were a risk.
• Clearinghouse records: The FMCSA’s Drug and Alcohol Clearinghouse tracks every positive test and violation. We pull these records to see if the carrier ignored prior issues.

5. Cargo Securement (49 C.F.R. Part 393, Subpart I)

Carriers must ensure their cargo is properly loaded and secured to prevent shifting or falling. This is especially critical for:

• Flatbed loads: Steel, pipe, lumber, and other oversize loads must be secured with chains, straps, or tarps.
• Tankers: Liquid cargo must be loaded to prevent sloshing, which can cause rollovers.
• Dry van: Cargo must be secured to prevent shifting during transit.

What we look for:

• Load securement records: If the cargo wasn’t properly secured, that’s negligence.
• Post-crash evidence: If cargo spilled or shifted during the crash, that’s evidence of improper loading.

The Defendants Beyond the Driver: Who Else Is Responsible?

Most families assume the driver is the only one at fault. But in commercial trucking cases, liability often extends far beyond the person behind the wheel. Here’s who else could be responsible for your loved one’s death:

1. The Motor Carrier (Trucking Company)

The carrier is liable for the driver’s negligence under the legal doctrine of respondeat superior (Latin for “let the master answer”). But the carrier can also be directly liable for:

• Negligent hiring: Hiring a driver with a history of crashes, DUIs, or hours-of-service violations.
• Negligent training: Failing to properly train the driver on safety protocols, hours-of-service rules, or cargo securement.
• Negligent supervision: Ignoring prior violations or pressuring the driver to meet unrealistic schedules.
• Negligent retention: Keeping a driver on the road after they’ve shown a pattern of unsafe behavior.

How we prove it:

• Driver qualification file: We subpoena the carrier’s records to see if they properly vetted the driver.
• Prior violations: We pull the driver’s PSP report and the carrier’s SMS profile to see if they ignored prior issues.
• Dispatch records: We look for evidence that the carrier pressured the driver to break hours-of-service rules.

2. The Freight Broker

Brokers arrange loads between shippers and carriers. Under recent court decisions like Miller v. C.H. Robinson, brokers can be liable for negligent selection if they hire an unsafe carrier. For example:

• If the broker hired a carrier with a history of hours-of-service violations or poor SMS scores, they could share liability.
• If the broker knew the carrier was operating unsafely but kept dispatching loads to them, that’s negligence.

How we prove it:

• Broker-carrier contract: We subpoena the contract to see if the broker had a duty to vet the carrier.
• Carrier’s SMS profile: We pull the carrier’s safety scores to see if the broker ignored red flags.

3. The Shipper

Shippers (the companies that own the cargo) can be liable if they:

• Directed unsafe loading: Told the carrier to load the cargo in a way that made the truck unstable.
• Set unrealistic schedules: Pressured the carrier to meet a delivery deadline that forced the driver to break hours-of-service rules.
• Failed to disclose hazards: Didn’t inform the carrier that the cargo was hazardous or required special handling.

How we prove it:

• Shipping documents: We subpoena the bill of lading and other records to see what the shipper told the carrier.
• Loading records: We look for evidence that the shipper directed how the cargo was loaded.

4. The Maintenance Contractor

If the truck’s brakes, tires, or other systems failed, the company responsible for maintaining the vehicle could be liable. This includes:

• Third-party mechanics: If the carrier outsourced maintenance to a contractor, that contractor could share liability.
• Parts manufacturers: If a defective part (e.g., brake pads, tires) caused the crash, the manufacturer could be liable under product liability laws.

How we prove it:

• Maintenance records: We subpoena the carrier’s records to see who was responsible for maintenance.
• Post-crash inspection: We hire an expert to inspect the truck and identify any defects.

5. The Government (Texas Department of Transportation)

If road design, signage, or maintenance contributed to the crash, the Texas Department of Transportation (TxDOT) could be liable under the Texas Tort Claims Act (Texas Civil Practice and Remedies Code Chapter 101). For example:

• Missing guardrails: If the crash happened on a curve or bridge without proper guardrails, TxDOT could be liable.
• Poor signage: If the crash happened at an intersection with missing or misleading signs, TxDOT could be liable.
• Potholes or road defects: If the road was in disrepair and contributed to the crash, TxDOT could be liable.

Key rules for suing the government:

• Six-month notice requirement: You must file a notice of claim with TxDOT within six months of the crash. Miss this deadline, and your claim is barred.
• Damages cap: Recovery is limited to $250,000 per person and $500,000 per occurrence for state agencies. For municipalities, the cap is $100,000 per person and $300,000 per occurrence.
• Sovereign immunity: The government is immune from liability unless the claim falls under a specific waiver in the Texas Tort Claims Act.

How we prove it:

• Road design records: We subpoena TxDOT’s records to see if the road was designed or maintained unsafely.
• Prior complaints: We look for evidence that TxDOT knew about the hazard but failed to fix it.

6. The Parent Corporation

If the carrier is a subsidiary of a larger company (e.g., Amazon Logistics is a subsidiary of Amazon), the parent corporation could be liable under the legal doctrines of alter ego or single business enterprise. For example:

• If the parent corporation controls the subsidiary’s operations (e.g., sets routes, schedules, or safety policies), the parent could be liable.
• If the subsidiary is undercapitalized and relies on the parent for funding, the parent could be liable.

How we prove it:

• Corporate records: We subpoena the parent corporation’s records to see how much control it exerts over the subsidiary.
• Financial records: We look for evidence that the subsidiary is financially dependent on the parent.

The Carrier’s Defense Playbook—and How We Counter It

The carrier’s lawyers have a script they follow in every trucking case. They’ll argue that the driver did everything right, that the crash was unavoidable, and that you were partly at fault. Lupe Peña, our associate attorney, made these arguments for years when he worked for insurance defense firms. Now he defeats them. Here’s what they’ll say—and how we counter it:

1. “The driver wasn’t at fault—it was an unavoidable accident.”

What they’ll argue: The driver couldn’t have avoided the crash because of road conditions, weather, or the other driver’s actions.

How we counter it:

• ELD data: The electronic logging device records every second the truck was moving. If the driver was speeding, braking suddenly, or driving erratically, the ELD data will show it.
• Dashcam footage: If the carrier has forward-facing or driver-facing cameras, the footage can show whether the driver was distracted, fatigued, or following too closely.
• Accident reconstruction: We hire experts to analyze the physical evidence (skid marks, debris patterns, vehicle damage) and determine what really happened.

2. “You were partly at fault—comparative negligence.”

What they’ll argue: Under Texas law (Texas Civil Practice and Remedies Code § 33.001), if you were more than 50% at fault, you recover nothing. The carrier will try to blame you for things like speeding, not wearing a seatbelt, or changing lanes unsafely.

How we counter it:

• Texas follows modified comparative negligence: Even if you were 50% at fault, you can still recover. We gather evidence to push fault back where it belongs—on the carrier.
• The carrier’s superior duty of care: Commercial drivers have a higher duty of care than ordinary motorists. If the driver was fatigued, distracted, or violating federal regulations, the carrier is at fault.
• Eggshell plaintiff rule: The carrier takes the victim as they find them. If you had a pre-existing condition that was worsened by the crash, the carrier is liable for the aggravation.

3. “Your injuries aren’t serious enough.”

What they’ll argue: The carrier will try to minimize your damages by arguing that your injuries aren’t severe or that you didn’t seek treatment right away.

How we counter it:

• Medical records: We gather all your medical records to show the full extent of your injuries.
• Life-care plan: For catastrophic injuries (e.g., traumatic brain injury, spinal cord injury, amputation), we hire a life-care planner to project the cost of future medical care, rehabilitation, and assistive devices.
• Vocational expert: If your injuries prevent you from working, we hire a vocational expert to calculate your lost earning capacity.

4. “The driver’s logs show compliance with hours-of-service rules.”

What they’ll argue: The driver’s logs (or ELD data) show they were within the legal limits for driving time.

How we counter it:

• ELD audit: We cross-reference the ELD data with fuel receipts, toll records, and GPS data to see if the driver was falsifying logs.
• Dispatch records: We look for evidence that the carrier pressured the driver to meet unrealistic schedules.
• Prior violations: We pull the carrier’s SMS profile to see if they have a history of hours-of-service violations.

5. “The truck was properly maintained.”

What they’ll argue: The carrier will claim the truck was in good condition and that the crash wasn’t caused by mechanical failure.

How we counter it:

• Maintenance records: We subpoena the carrier’s records to see if they properly maintained the truck.
• Post-crash inspection: We hire an expert to inspect the truck and identify any defects.
• Prior violations: We pull the carrier’s SMS profile to see if they have a history of vehicle maintenance violations.

6. “We’ll make a fair settlement offer.”

What they’ll do: The carrier’s first offer will be a fraction of what your case is worth. They’re hoping you’ll accept it before you talk to a lawyer.

How we counter it:

• Full damages calculation: We calculate the full value of your case—including future medical care, lost earning capacity, and pain and suffering—before responding to any offer.
• Colossus algorithm: Most insurance companies use software like Colossus to value claims. The software assigns a value based on medical codes, treatment duration, and geographic modifiers. We develop evidence to push the value past the algorithm’s ceiling.
• Stowers demand: If liability is clear, we send a Stowers demand—a settlement offer within the carrier’s policy limits. If the carrier unreasonably refuses, they become liable for the entire verdict, even if it exceeds their policy limits.

What Your Case Is Worth: Texas Damages Categories

Texas law allows you to recover compensation for the full impact of the crash on your life. The Texas Pattern Jury Charges break damages into several categories, each with its own submission to the jury. Here’s what you can recover:

1. Past and Future Medical Care

• Past medical care: All medical bills incurred from the date of the crash to the present, including ambulance, emergency room, hospital stays, surgeries, rehabilitation, and medication.
• Future medical care: The cost of all future medical treatment, including follow-up care, physical therapy, medication, assistive devices (e.g., wheelchairs, prosthetics), and home modifications.

How we prove it:

• Medical records: We gather all your medical records to document your treatment.
• Life-care plan: For catastrophic injuries, we hire a life-care planner to project the cost of future care.
• Medical economist: We hire an economist to calculate the present value of future medical expenses.

2. Past and Future Lost Earnings and Lost Earning Capacity

• Past lost earnings: The wages and benefits you lost from the date of the crash to the present.
• Future lost earning capacity: The wages and benefits you will lose in the future because of your injuries. This includes promotions, raises, and career opportunities you would have had if not for the crash.

How we prove it:

• Employment records: We gather your pay stubs, tax returns, and employment contracts to document your earnings.
• Vocational expert: We hire a vocational expert to project your future earning capacity based on your education, skills, and career trajectory.

3. Physical Pain and Mental Anguish

• Past physical pain: The pain you’ve endured from the date of the crash to the present.
• Future physical pain: The pain you’re expected to endure in the future.
• Past mental anguish: The emotional suffering you’ve endured from the date of the crash to the present.
• Future mental anguish: The emotional suffering you’re expected to endure in the future.

How we prove it:

• Medical records: Your medical records can document your pain levels and emotional distress.
• Therapy records: If you’ve seen a therapist or counselor, their records can document your mental anguish.
• Family and friends: Testimony from family and friends can describe how the crash has affected your daily life.

4. Physical Impairment

Physical impairment covers the loss of enjoyment of life due to your injuries. For example:

• If you can no longer play sports, hobbies, or activities you enjoyed before the crash.
• If you can no longer perform daily tasks (e.g., cooking, cleaning, driving) without assistance.

How we prove it:

• Medical records: Your medical records can document the limitations caused by your injuries.
• Your testimony: You can describe how your injuries have affected your daily life.
• Family and friends: Testimony from loved ones can describe the changes they’ve observed in you.

5. Disfigurement

Disfigurement covers permanent scars, burns, or other visible injuries that affect your appearance.

How we prove it:

• Medical records: Your medical records can document the extent of your disfigurement.
• Photographs: Photographs of your injuries can show the jury the visible impact.
• Your testimony: You can describe how your disfigurement has affected your life.

6. Loss of Consortium (for Spouses)

Loss of consortium covers the loss of love, companionship, comfort, and sexual relations between you and your spouse.

How we prove it:

• Your testimony: You and your spouse can describe how the crash has affected your relationship.
• Family and friends: Testimony from loved ones can describe the changes in your relationship.

7. Loss of Companionship and Society (for Parents and Children)

Loss of companionship and society covers the loss of love, comfort, and guidance between parents and children.

How we prove it:

• Your testimony: You and your children can describe how the crash has affected your relationship.
• Family and friends: Testimony from loved ones can describe the changes in your relationship.

8. Exemplary Damages (Punitive Damages)

Exemplary damages are awarded to punish the carrier for gross negligence and deter future misconduct. Under Texas Civil Practice and Remedies Code § 41.003, exemplary damages are available if the carrier’s conduct involved:

• Fraud: Intentional deception (e.g., falsifying logs).
• Malice: Intentional harm (e.g., ignoring prior violations).
• Gross negligence: Conscious indifference to the safety of others (e.g., pressuring drivers to break hours-of-service rules).

How we prove it:

• ELD data: If the driver was falsifying logs, that’s evidence of fraud.
• Prior violations: If the carrier ignored prior hours-of-service or maintenance violations, that’s evidence of gross negligence.
• Dispatch records: If the carrier pressured the driver to meet unrealistic schedules, that’s evidence of gross negligence.

Cap on exemplary damages:

• The standard cap is the greater of:
  • $200,000, or
  • Two times economic damages plus non-economic damages (capped at $750,000 for the non-economic portion).
• Exception: If the underlying act is a felony (e.g., intoxication manslaughter), there is no cap on exemplary damages.

The Two-Year Clock: Why You Can’t Wait

Texas Civil Practice and Remedies Code § 16.003 gives you exactly two years from the date of the fatal injury to file a wrongful death or survival action. This clock runs whether or not the carrier’s insurer is returning your calls. Once it runs out, your case is barred forever—no exceptions.

Why the clock matters:

• Evidence disappears: The carrier controls the truck’s electronic logging device, dashcam footage, and maintenance records. These can be overwritten or “lost” if you don’t act quickly.
• Witnesses forget: Memories fade, and witnesses move away or become harder to locate.
• The carrier’s strategy: The carrier is counting on you to wait until the last minute—or miss the deadline entirely.

What happens if you miss the deadline?

• The court will dismiss your case.
• The carrier’s insurer will have no obligation to negotiate.
• You’ll lose your legal right to compensation.

What we do to protect your case:

• File early: We file your lawsuit as soon as possible to preserve evidence and force the carrier to respond.
• Send preservation letters: We send letters to the carrier, broker, and shipper demanding they preserve all evidence.
• Pull FMCSA records: We pull the driver’s PSP report and the carrier’s SMS profile before discovery formally opens.

Why Choose Attorney 911 for Your Mitchell County Case

Most personal injury firms in Texas have never read the Federal Motor Carrier Safety Regulations. They don’t know how to subpoena ELD data, how to audit a carrier’s SMS profile, or how to build a case that forces the carrier to answer for its negligence. We do.

Here’s what sets us apart:

1. We Know the Federal Regulations Cold

Ralph Manginello has been representing trucking accident victims since 1998. He knows the FMCSR inside and out, and he knows how to use them to build a strong case. Lupe Peña, our associate attorney, worked for years at a national insurance defense firm, where he learned how carriers value claims—and how they try to lowball families. Together, we know how to counter the carrier’s playbook.

2. We Sue Trucking Companies, Not Just Drivers

Most plaintiffs’ attorneys stop at the driver. We don’t. We sue the carrier, the broker, the shipper, the maintenance contractor, the parts manufacturer, and even the parent corporation if they share liability. We know how to build a case that forces every responsible party to answer for what happened.

3. We Have a Former Insurance Defense Attorney on Our Team

Lupe Peña spent years working for insurance defense firms, where he learned how carriers value claims and how they try to minimize payouts. Now he uses that knowledge to fight for families like yours. As Lupe says, “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: insurance companies take innocent activity out of context. They freeze one frame of you moving ‘normally’ and ignore the ten minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”

4. We’ve Recovered Millions for Texas Families

We’ve recovered millions of dollars for families across Texas, including:

• $5+ million for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company. (Every case is unique. Past results do not guarantee future outcomes.)
• $3.8+ million for a client whose leg was injured in a car accident. Staff infections during treatment led to a partial amputation. (Every case is unique. Past results do not guarantee future outcomes.)
• $2+ million for a client who injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement. (Every case is unique. Past results do not guarantee future outcomes.)

5. We’re One of the Few Firms Involved in BP Texas City Refinery Litigation

In 2005, the BP Texas City Refinery explosion killed 15 workers and injured 180 others. We were one of the few firms in Texas involved in the litigation that followed. This experience gives us unique insight into how to handle complex cases against large corporations.

6. We Speak Spanish

Mitchell County has a significant Spanish-speaking population, and we’re proud to serve families in their preferred language. Lupe Peña is fluent in Spanish, and our staff includes bilingual team members like Zulema, who is praised by clients for her kindness and translation skills. Celia Dominguez, a client, said, “Especially Miss Zulema, who is always very kind and always translates.”

7. We’re Available 24/7

When you call 1-888-ATTY-911, you’ll speak to a live staff member—not an answering service. We’re here to help you when you need it most.

What to Do Next: Call 1-888-ATTY-911

You don’t have to figure this out alone. We’re here to help. Here’s what happens when you call us:

1. Free case evaluation: In 15 minutes, we’ll tell you exactly what your case may be worth—and what steps we’ll take to build it.
2. Preservation letter: We’ll send a letter to the carrier, broker, and shipper demanding they preserve all evidence.
3. FMCSA records pull: We’ll pull the driver’s PSP report and the carrier’s SMS profile to see if they have a history of violations.
4. Medical care coordination: We’ll help you get the medical care you need, whether it’s at Mitchell County Hospital in Colorado City, Rolling Plains Memorial Hospital in Sweetwater, or a specialist in Abilene or Lubbock.
5. Lawsuit filing: We’ll file your lawsuit before the two-year deadline expires.

There’s no fee unless we recover compensation for you. Our fee is 33.33% if the case settles before trial and 40% if it goes to trial. You may still be responsible for court costs and case expenses, but we’ll discuss all of this with you upfront.

Frequently Asked Questions

1. How long will my case take?

Every case is different, but most trucking cases settle within 6 to 18 months. If the case goes to trial, it could take longer. We’ll keep you updated every step of the way.

2. What if the truck driver was an independent contractor?

Many carriers try to avoid liability by claiming the driver was an independent contractor, not an employee. But under federal law, if the carrier controls the driver’s routes, schedules, and equipment, they can still be liable. We know how to defeat this defense.

3. What if the truck driver was from out of state?

It doesn’t matter where the driver is from. If the crash happened in Texas, Texas law applies. We’ll file your case in the appropriate Texas court.

4. What if the trucking company is bankrupt?

Many trucking companies carry insurance, even if they’re bankrupt. We’ll pursue the insurance company and any other liable parties to recover compensation for you.

5. Can I switch lawyers if I’m not happy with my current attorney?

Yes. If your current attorney isn’t returning your calls, isn’t keeping you updated, or is pushing you to settle for too little, you have the right to switch lawyers. We’ve taken over cases from other lawyers and gotten better results for our clients.

6. What if I don’t speak English?

Hablamos español. Lupe Peña maneja su caso personalmente. Su estatus migratorio no importa—usted tiene derechos.

7. What if I’m undocumented?

Your immigration status does not affect your right to compensation in Texas. We’ve represented many undocumented clients, and we’ll protect your rights every step of the way.

8. What if the crash happened on a rural road?

Rural roads in Mitchell County, like FM 1085 or FM 1229, carry some of the highest crash rates in Texas. The Texas Department of Transportation’s Crash Records Information System (CRIS) shows that rural crashes are 2.66 times more likely to be fatal than urban crashes. We know how to build a case for crashes on rural roads.

9. What if the truck was carrying hazardous materials?

If the truck was carrying hazardous materials (e.g., fuel, chemicals), the case becomes more complex. The Federal Hazardous Materials Regulations (49 C.F.R. Parts 100–185) apply, and the carrier’s insurance coverage increases to $5 million. We know how to handle hazmat cases.

10. What if the truck was a government vehicle?

If the truck was a government vehicle (e.g., TxDOT, sheriff’s office, school bus), the Texas Tort Claims Act applies. You must file a notice of claim within six months, and damages are capped. We know how to navigate these rules.

Mitchell County’s Freight Reality: Why These Crashes Keep Happening

Mitchell County sits at the crossroads of two major freight corridors: Interstate 20, which carries long-haul freight between El Paso and the East Coast, and US-84, which connects the Permian Basin to the rest of Texas. The county is also home to oilfield service trucks, grain haulers, and livestock transporters that serve the region’s agricultural and energy industries.

Here’s why fatal truck crashes keep happening in Mitchell County:

1. Oilfield Service Trucks

The Permian Basin is one of the most active oil and gas regions in the world, and Mitchell County sits on its eastern edge. Oilfield service trucks—water haulers, sand haulers, frac-spread vehicles—run US-285, FM 1085, and other routes between well sites. These trucks are often overweight, overworked, and driven by fatigued drivers. The Federal Motor Carrier Safety Administration’s Safety Measurement System (SMS) shows that oilfield carriers frequently have violations in the Hours-of-Service and Vehicle Maintenance BASICs.

2. Long-Haul Freight on I-20

Interstate 20 is a major east-west freight corridor, carrying everything from dry van to refrigerated freight. The stretch between Colorado City and Sweetwater is particularly dangerous, with a mix of local traffic, long-haul trucks, and oilfield service vehicles. The Texas Department of Transportation’s CRIS data shows elevated crash rates on this corridor, especially during peak freight hours (overnight and early morning).

3. Agricultural Haulers

Mitchell County is home to farms and ranches that produce cotton, grain, and livestock. Agricultural haulers—grain trucks, livestock transporters—share the road with passenger vehicles, especially during harvest season. These trucks are often overloaded and poorly maintained, increasing the risk of crashes.

4. Rural Road Conditions

Many of Mitchell County’s roads are two-lane farm-to-market routes with no shoulders, poor lighting, and limited signage. The Texas Department of Transportation’s data shows that rural roads have the highest fatality rate of any road class in Texas. When a fully loaded tractor-trailer loses control on a rural road, the results are often catastrophic.

5. Fatigue and Hours-of-Service Violations

Truck drivers in Mitchell County often work long hours to meet tight deadlines. The Federal Motor Carrier Safety Administration’s data shows that fatigue is a leading cause of truck crashes. When drivers are pushed to break hours-of-service rules, the risk of a crash increases dramatically.

6. Poor Maintenance and Inspection

Many carriers cut corners on vehicle maintenance to save money. The FMCSA’s data shows that brake failures, tire blowouts, and lighting defects are common causes of truck crashes. When a carrier fails to properly maintain its trucks, the results can be deadly.

What This Means for Your Family

The crash that took your loved one wasn’t an accident—it was the result of corporate decisions that put profits over safety. The carrier that hired the driver, the broker that arranged the load, the shipper that set the schedule, and the maintenance contractor that signed off on the truck all played a role. Texas law gives you the right to hold them accountable.

We know what you’re going through. We’ve represented hundreds of families in Mitchell County and across Texas, and we know how to build a case that forces the carrier to answer for what happened. We’ll handle the legal work so you can focus on healing.

Call 1-888-ATTY-911 today for a free case evaluation. We’re available 24/7, and there’s no fee unless we recover compensation for you.

Mitchell County Resources

If you or a loved one has been injured in a truck crash in Mitchell County, here are some local resources that may help:

Hospitals and Medical Care

• Mitchell County Hospital (Colorado City): (325) 728-3401
• Rolling Plains Memorial Hospital (Sweetwater): (325) 235-1701
• Hendrick Medical Center (Abilene): (325) 670-2000
• Shannon Medical Center (San Angelo): (325) 653-6741

Law Enforcement

• Mitchell County Sheriff’s Office: (325) 728-3431
• Colorado City Police Department: (325) 728-3531
• Texas Department of Public Safety (DPS) – Sweetwater: (325) 235-3441

Legal Resources

• Texas RioGrande Legal Aid (for low-income families): (888) 988-9996
• State Bar of Texas Lawyer Referral Service: (800) 252-9690

Support Groups

• Mothers Against Drunk Driving (MADD) – Texas: (877) 623-3435
• The Compassionate Friends (grief support for families who have lost a child): (877) 969-0010

Final Thoughts: You’re Not Alone

Losing a loved one in a truck crash is one of the hardest things a family can go through. The grief, the anger, the financial stress—it can feel overwhelming. But you don’t have to face this alone. We’re here to help you every step of the way.

We know the roads of Mitchell County. We know the carriers that operate here. We know the courts where your case will be heard. And we know how to build a case that forces the carrier to answer for what happened.

Call 1-888-ATTY-911 today. We’re available 24/7, and there’s no fee unless we recover compensation for you. Let us handle the legal work so you can focus on healing.