18-Wheeler & Trucking Accident Attorneys in New Castle County, Delaware

When 80,000 Pounds Changes Everything

The impact was catastrophic. One moment you’re driving through New Castle County on I-95, I-295, or I-495. The next, an 18-wheeler has jackknifed across your lane, rear-ended your vehicle, or forced you into a devastating underride collision. In an instant, your life changes forever.

Every 16 minutes, someone in America is injured in a commercial truck crash. Over 5,000 people die annually in trucking accidents—and 76% of those deaths are occupants of the smaller vehicle. Here in New Castle County, Delaware, our position at the crossroads of major East Coast freight corridors puts our families at elevated risk every single day.

At Attorney911, we don’t just understand these statistics—we fight back against them. Ralph Manginello has spent over 25 years taking on trucking companies and winning. He’s admitted to federal court, has litigated against Fortune 500 corporations including BP in the Texas City explosion litigation, and has recovered multi-million dollar settlements for families just like yours. Our associate attorney Lupe Peña used to work for insurance companies—now he fights against them. He knows their playbook, and he uses that insider knowledge to maximize your recovery.

If you’ve been hurt in an 18-wheeler accident in New Castle County, you need more than a lawyer—you need a fighter. Call 1-888-ATTY-911 now. We’re available 24/7, and your consultation is free.

Why 18-Wheeler Accidents in New Castle County Are Different

The Geography of Danger

New Castle County sits at a critical junction in America’s freight network. The Delaware Memorial Bridge connects our communities to New Jersey and the massive Port of New York and New Jersey—the largest East Coast container port. I-95, the primary north-south corridor for the entire Eastern Seaboard, cuts through our county carrying thousands of trucks daily. I-295 provides an alternative route for commercial traffic, while I-495 offers a bypass around Wilmington that sees heavy truck volume.

This isn’t just traffic data—it’s a risk profile. Every truck passing through New Castle County represents potential danger to local families. The Port of Wilmington, located right here in our county, handles specialized refrigerated cargo including massive banana imports. This creates unique trucking patterns—refrigerated trucks with tight delivery windows, drivers under pressure to maintain cold chain integrity, and increased traffic on routes serving the port.

Weather and Road Conditions

New Castle County experiences the full range of Mid-Atlantic weather hazards that affect trucking safety. Nor’easters bring heavy snow and ice that can paralyze our highways. The Delaware Memorial Bridge is notorious for icing conditions that have caused multiple truck accidents. Summer thunderstorms create sudden visibility reductions and hydroplaning risks on I-95’s high-speed traffic. Hurricane remnants from coastal storms bring flooding, particularly along the Christina River and its tributaries that cross major trucking routes.

Trucking companies have a legal duty to adjust operations for these conditions. Under 49 CFR § 392.14, drivers must use extreme caution in hazardous conditions, and 49 CFR § 392.3 prohibits operating when fatigue or conditions impair safe driving. When trucking companies push drivers to maintain schedules despite New Castle County weather warnings, they violate federal law—and they become liable for the accidents that result.

Industry-Specific Risks

New Castle County’s economy creates unique trucking accident risks. The chemical and pharmaceutical industries, legacy of the DuPont company, generate hazardous materials trucking through our communities. The Port of Wilmington’s refrigerated cargo requires specialized trucks with different handling characteristics. Agricultural trucking from the Delmarva peninsula’s poultry industry creates seasonal spikes in truck traffic on routes serving processing facilities.

These aren’t abstract risks—they’re the trucks you share the road with every day on I-95, I-295, and I-495. When these trucks cause accidents, the injuries are catastrophic. And when the trucking companies try to minimize your recovery, you need an attorney who understands the specific regulations and industry practices that apply to your case.

The 10 Potentially Liable Parties in New Castle County Trucking Accidents

Most law firms look at a trucking accident and see one defendant: the driver. At Attorney911, we see the full picture. Multiple parties can be liable in 18-wheeler accidents, and every additional defendant means additional insurance coverage—and higher potential recovery for you.

1. The Truck Driver

The driver who caused your accident may be personally liable for negligent conduct including speeding, distracted driving, fatigued driving beyond legal limits, impaired driving, failure to conduct proper inspections, and traffic law violations. We pursue the driver’s complete history including driving records, ELD data for hours of service compliance, drug and alcohol test results, cell phone records, previous accident history, and training records.

2. The Trucking Company / Motor Carrier

This is often your most important defendant. Trucking companies carry the deepest insurance—typically $750,000 to $5 million or more. Under respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, we pursue direct negligence claims including negligent hiring (failed background checks), negligent training (inadequate safety training), negligent supervision (failure to monitor ELD compliance), negligent maintenance (poor vehicle upkeep), and negligent scheduling (pressure to violate hours of service).

Our investigation includes subpoenaing the Driver Qualification File, reviewing hiring policies and background check procedures, analyzing training records and curricula, examining supervision and monitoring practices, reviewing dispatch records showing schedule pressure, and obtaining the carrier’s CSA safety scores and inspection history.

3. Cargo Owner / Shipper

The company that owned the cargo and arranged shipment may be liable for providing improper loading instructions, failing to disclose hazardous nature of cargo, requiring overweight loading, or pressuring the carrier to expedite beyond safe limits. We pursue shipping contracts, bills of lading, loading instructions, and hazmat disclosure documentation.

4. Cargo Loading Company

Third-party loading companies that physically loaded cargo may be liable for improper securement under 49 CFR 393, unbalanced load distribution, exceeding vehicle weight ratings, failure to use proper blocking and bracing, or inadequate loader training. We obtain loading company securement procedures, loader training records, securement equipment specifications, and weight distribution documentation.

5. Truck and Trailer Manufacturer

The manufacturer may be liable for design defects in brake systems or stability control, manufacturing defects like faulty welds, failure to warn of known dangers, or defective safety systems. We research recall notices and technical service bulletins, analyze NHTSA complaint databases, review design specifications and testing records, and retain product liability experts when warranted.

6. Parts Manufacturer

Companies that manufactured specific components may be liable for defective brakes, defective tires causing blowouts, defective steering mechanisms, or defective lighting. We preserve failed components for expert analysis, research recall history, and analyze manufacturing and quality control records.

7. Maintenance Company

Third-party maintenance companies may be liable for negligent repairs, failure to identify critical safety issues, improper brake adjustments, use of substandard parts, or returning vehicles to service with known defects. We obtain maintenance work orders, mechanic qualifications and training records, parts used in repairs, and inspection reports with recommendations.

8. Freight Broker

Freight brokers who arranged transportation may be liable for negligent selection of carriers with poor safety records, failure to verify carrier insurance and authority, failure to check carrier CSA scores, or selecting the cheapest carrier despite safety concerns. We pursue broker-carrier agreements, carrier selection criteria, carrier safety records at time of selection, and broker due diligence procedures.

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may have separate liability for negligent entrustment, failure to maintain owned equipment, or knowledge of driver unfitness. We examine lease agreements, maintenance responsibility allocations, and owner’s knowledge of driver history.

10. Government Entity

Federal, state, or local government may be liable for dangerous road design, failure to maintain roads, inadequate signage for known hazards, failure to install safety barriers, or improper work zone setup. Special considerations apply: sovereign immunity limits liability, strict notice requirements and short deadlines exist, and we must prove actual notice of dangerous condition in many cases. We pursue road design specifications, maintenance records, prior accident history at the location, and citizen complaints about conditions.

FMCSA Regulations That Prove Negligence in New Castle County Trucking Accidents

Federal Motor Carrier Safety Administration regulations are the foundation of trucking accident liability. When trucking companies and drivers violate these rules, they create dangerous conditions that cause catastrophic accidents. Proving FMCSA violations is often the key to establishing negligence and securing maximum compensation.

49 CFR Part 390 — General Applicability

This part establishes who must comply with federal trucking regulations. It applies to all motor carriers operating commercial motor vehicles in interstate commerce, all drivers of CMVs in interstate commerce, and all vehicles with GVWR over 10,001 pounds. Under 49 CFR § 390.3, “The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.”

This matters for your New Castle County case because trucks on I-95, I-295, and I-495 are almost certainly engaged in interstate commerce and subject to these regulations.

49 CFR Part 391 — Driver Qualification Standards

This part establishes who is qualified to drive a commercial motor vehicle. Under 49 CFR § 391.11, a person shall not drive a CMV unless they are at least 21 years old (interstate), can read and speak English sufficiently, can safely operate the CMV and cargo type, are physically qualified under § 391.41, have a valid CDL, have completed a driver’s road test or equivalent, are not disqualified under § 391.15, and have completed required entry-level driver training.

Motor carriers MUST maintain a Driver Qualification File for every driver containing the employment application, motor vehicle record, road test certificate, medical examiner’s certificate, annual driving record review, previous employer inquiries, and drug and alcohol test records.

If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case.

49 CFR Part 392 — Driving of Commercial Motor Vehicles

This part establishes rules for the safe operation of CMVs. Under 49 CFR § 392.3, “No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

This regulation makes BOTH the driver AND the trucking company liable when a fatigued driver causes an accident.

Under 49 CFR § 392.4, drivers are prohibited from being on duty or operating a CMV while under the influence of any Schedule I substance, under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving, or possessing a Schedule I substance (unless prescription).

Under 49 CFR § 392.5, drivers shall not use alcohol within 4 hours before going on duty or operating a CMV, use alcohol while on duty or operating a CMV, be under the influence of alcohol (.04 BAC or higher) while on duty, or possess any alcohol while on duty (with limited exceptions).

Under 49 CFR § 392.6, “No motor carrier shall schedule a run, nor shall any such carrier permit or require the operation of any commercial motor vehicle, between points in such period of time as would require the commercial motor vehicle to be operated at speeds in excess of those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

Under 49 CFR § 392.11, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and conditions of, the highway.”

Under 49 CFR § 392.82, drivers are PROHIBITED from using a hand-held mobile telephone while driving, reaching for a mobile phone in a manner requiring leaving the seated position, or texting while driving (49 CFR § 392.80).

49 CFR Part 393 — Parts and Accessories for Safe Operation

This part establishes equipment and cargo securement standards. Under 49 CFR §§ 393.100-136, cargo must be contained, immobilized, or secured to prevent leaking, spilling, blowing, or falling from the vehicle; shifting that affects vehicle stability or maneuverability; or blocking the driver’s view or interfering with operation.

Cargo securement systems must withstand forward deceleration of 0.8 g (sudden stop), rearward acceleration of 0.5 g, lateral force of 0.5 g (side-to-side), and downward force of at least 20% of cargo weight if not fully contained.

Aggregate working load limits must be at least 50% of cargo weight for loose cargo. At least one tiedown is required for cargo 5 feet or less in length; at least two tiedowns for cargo over 5 feet or under 1,100 lbs; with additional tiedowns for every 10 feet of cargo length.

Under 49 CFR §§ 393.40-55, all CMVs must have properly functioning brake systems including service brakes on all wheels, parking/emergency brake system, and air brake systems meeting specific requirements with brake adjustment maintained within specifications.

Under 49 CFR §§ 393.11-26, required lighting includes headlamps, tail lamps, stop lamps, clearance and side marker lamps, reflectors and retroreflective sheeting, and turn signal lamps.

Violations of cargo securement cause rollover, jackknife, and spill accidents. Brake failures cause rear-end collisions. We investigate every vehicle system when building your case.

49 CFR Part 395 — Hours of Service (HOS) Regulations

This part prevents driver fatigue by limiting driving time and requiring rest. These are THE MOST COMMONLY VIOLATED REGULATIONS in trucking accidents.

For property-carrying drivers (most 18-wheelers):

Under 49 CFR § 395.1(g), drivers using sleeper berth may split the 10-hour off-duty period with at least 7 consecutive hours in sleeper berth plus at least 2 consecutive hours off-duty (in berth or otherwise), with neither period counting against the 14-hour window.

Since December 18, 2017, under 49 CFR § 395.8, most CMV drivers must use Electronic Logging Devices (ELDs) that automatically record driving time, synchronize with vehicle engine to record objective data, cannot be altered after the fact (unlike paper logs), and record GPS location, speed, and engine hours.

ELD data proves exactly how long the driver was on duty, whether breaks were taken as required, speed before and during the accident, GPS location history, and any HOS violations. WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.

49 CFR Part 396 — Inspection, Repair, and Maintenance

This part ensures CMVs are maintained in safe operating condition. Under 49 CFR § 396.3, “Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”

Before driving, under 49 CFR § 396.13, drivers must be satisfied the CMV is in safe operating condition and must review the last driver vehicle inspection report if defects were noted.

After each day’s driving, under 49 CFR § 396.11, drivers must prepare a written report on vehicle condition covering at minimum: service brakes, parking brake, steering mechanism, lighting devices and reflectors, tires, horn, windshield wipers, rear vision mirrors, coupling devices, wheels and rims, and emergency equipment.

Under 49 CFR § 396.17, every CMV must pass a comprehensive annual inspection covering 16+ systems, with an inspection decal displayed and records retained for 14 months.

Under 49 CFR § 396.3, motor carriers must maintain records for each vehicle showing identification (make, serial number, year, tire size), schedule for inspection, repair, and maintenance, and record of repairs and maintenance, with records retained for 1 year.

Brake failures cause 29% of truck accidents. If the trucking company failed to maintain proper records or deferred maintenance, they are liable for negligence.

Catastrophic Injuries from 18-Wheeler Accidents in New Castle County

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception. A fully loaded 18-wheeler weighs up to 80,000 pounds—20 to 25 times heavier than the average passenger car at 3,500 to 4,000 pounds. An 80,000-pound truck at 65 mph carries approximately 80 times the kinetic energy of a car. This energy transfers to the smaller vehicle in a crash.

An 18-wheeler at 65 mph needs approximately 525 feet to stop—nearly two football fields. A car at 65 mph needs about 300 feet. This 40% longer stopping distance means trucks cannot avoid obstacles as quickly.

Traumatic Brain Injury (TBI)

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

Severity Levels:

Common symptoms include headaches, dizziness, nausea, memory loss, confusion, difficulty concentrating, mood changes, depression, anxiety, sleep disturbances, sensory problems, speech difficulties, and personality changes. Long-term consequences include permanent cognitive impairment, inability to work, need for ongoing care and supervision, increased risk of dementia and Alzheimer’s, and depression and emotional disorders. Lifetime care costs range from $85,000 to $3,000,000+ depending on severity.

At Attorney911, we’ve recovered $1,548,000 to $9,838,000+ for traumatic brain injury victims. As client Glenda Walker told us after her case settled, “They fought for me to get every dime I deserved.”

Spinal Cord Injury

Damage to the spinal cord disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

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

Lifetime care costs are staggering: paraplegia (low) $1.1 million+, paraplegia (high) $2.5 million+, quadriplegia (low) $3.5 million+, quadriplegia (high) $5 million+. These figures represent direct medical costs only—not lost wages, pain and suffering, or loss of quality of life.

Amputation

Amputation in 18-wheeler accidents occurs as traumatic amputation (limb severed at the scene due to crash forces) or surgical amputation (limb so severely damaged it must be surgically removed). Crushing forces from truck impact, entrapment requiring amputation for extraction, severe burns requiring surgical removal, and infections from open wounds are common causes.

Ongoing medical needs include initial surgery and hospitalization, prosthetic limbs ($5,000-$50,000+ per prosthetic), replacement prosthetics throughout lifetime, physical therapy and rehabilitation, occupational therapy for daily living skills, and psychological counseling. Impact on life includes permanent disability, career limitations or total disability, phantom limb pain, body image and psychological trauma, need for home modifications, and dependency on others for daily activities.

At Attorney911, we’ve secured $1,945,000 to $8,630,000 for amputation victims. In one case, we secured $3.8 million for a client who lost a limb after a car crash followed by medical complications.

Severe Burns

Burns in 18-wheeler accidents occur through fuel tank rupture and fire, hazmat cargo spills and ignition, electrical fires from battery/wiring damage, friction burns from road contact, and chemical burns from hazmat exposure.

Burn Classification:

Long-term consequences include permanent scarring and disfigurement, multiple reconstructive surgeries, skin graft procedures, chronic pain, infection risks, and psychological trauma.

Internal Organ Damage

Common internal injuries include liver laceration or rupture, spleen damage requiring removal, kidney damage, lung contusion or collapse (pneumothorax), internal bleeding (hemorrhage), and bowel and intestinal damage. These injuries may not show immediate symptoms, internal bleeding can be life-threatening, and they require emergency surgery with organ removal affecting long-term health.

Wrongful Death

When a trucking accident kills, wrongful death claims allow surviving family members to recover compensation. In New Castle County, Delaware, the statute of limitations for wrongful death is 2 years from the date of death. Who can bring a claim includes the surviving spouse, children (minor and adult), parents (especially if no spouse or children), and the estate representative.

Types of claims include the wrongful death action (compensation for survivors’ losses) and the survival action (compensation for decedent’s pain and suffering before death). Damages available include lost future income and benefits, loss of consortium (companionship, care, guidance), mental anguish and emotional suffering, funeral and burial expenses, medical expenses before death, and punitive damages if gross negligence is proven.

At Attorney911, we’ve recovered $1,910,000 to $9,520,000+ for wrongful death cases. We are deeply sorry for your loss. When a trucking company’s negligence takes a loved one, justice requires holding them fully accountable. Our New Castle County wrongful death attorneys have the experience and resources to fight for your family.

The 48-Hour Evidence Preservation Protocol: Why Time Is Critical

In 18-wheeler accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.

Critical Evidence Timelines

The Spoliation Letter: Your Legal Shield

A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident. This letter puts defendants on legal notice of their preservation obligation, creates serious consequences if evidence is destroyed, and can result in courts imposing sanctions, adverse inferences, or even default judgment for spoliation.

At Attorney911, we send spoliation letters IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.

What Our Spoliation Letter Demands

Electronic Data:

• Engine Control Module (ECM) / Electronic Control Unit (ECU) data
• Event Data Recorder (EDR) data
• Electronic Logging Device (ELD) records
• GPS and telematics data
• Dashcam and forward-facing camera footage
• Dispatch communications and messaging
• Cell phone records and text messages
• Qualcomm or fleet management system data

Driver Records:

• Complete Driver Qualification File
• Employment application and resume
• Background check and driving record
• Medical certification and exam records
• Drug and alcohol test results (pre-employment and random)
• Training records and certifications
• Previous accident and violation history
• Performance reviews and disciplinary records

Vehicle Records:

• Maintenance and repair records
• Inspection reports (pre-trip, post-trip, annual)
• Out-of-service orders and repairs
• Tire records and replacement history
• Brake inspection and adjustment records
• Parts purchase and installation records

Company Records:

• Hours of service records for 6 months prior
• Dispatch logs and trip records
• Bills of lading and cargo documentation
• Insurance policies
• Safety policies and procedures
• Training curricula
• Hiring and supervision policies

Physical Evidence:

• The truck and trailer themselves
• Failed or damaged components
• Cargo and securement devices
• Tire remnants if blowout involved

ECM/Black Box Data: The Objective Truth

Commercial trucks have electronic systems that continuously record operational data—similar to an airplane’s black box but for trucks.

Types of Electronic Recording:

Critical Data Points:

• Speed Before Crash: Proves speeding or excessive speed for conditions
• Brake Application: Shows when and how hard brakes were applied
• Throttle Position: Reveals if driver was accelerating or coasting
• Following Distance: Calculated from speed and deceleration data
• Hours of Service: Proves fatigue and HOS violations
• GPS Location: Confirms route and timing
• Fault Codes: May reveal known mechanical issues driver ignored

This data is objective and tamper-resistant. It directly contradicts driver claims of “I wasn’t speeding” or “I hit my brakes immediately.” This data has led to multi-million dollar verdicts in trucking cases.

FMCSA Record Retention Requirements

Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in adverse inference instructions (jury told to assume destroyed evidence was unfavorable), sanctions and monetary penalties, default judgment in extreme cases, and punitive damages for intentional destruction.

Commercial Truck Insurance Requirements and Your Recovery

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

Federal Minimum Liability Limits

Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.

Types of Damages Recoverable

Economic Damages (Calculable Losses):

Non-Economic Damages (Quality of Life):

Punitive Damages (Punishment for Gross Negligence):

Punitive damages may be available when the trucking company or driver acted with gross negligence, willful misconduct, conscious indifference to safety, or fraud (falsifying logs, destroying evidence).

Delaware-Specific Damage Considerations

New Castle County, Delaware follows modified comparative negligence with a 51% bar rule. This means you can recover damages as long as you are 50% or less at fault, with your recovery reduced by your percentage of fault. If you are found 51% or more at fault, you recover nothing.

Delaware has a 2-year statute of limitations for personal injury and wrongful death claims. This means you have 2 years from the date of the accident (or date of death in wrongful death cases) to file a lawsuit. However, waiting is dangerous—evidence disappears, witnesses forget, and trucking companies build their defenses.

Delaware does NOT cap non-economic damages in personal injury cases, and there is no cap on punitive damages. This means your full pain and suffering, mental anguish, and loss of enjoyment of life are recoverable, and juries can award punitive damages to punish egregious misconduct without statutory limits.

Frequently Asked Questions About 18-Wheeler Accidents in New Castle County

Immediate After-Accident Questions

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

If you’ve been in a trucking accident in New Castle 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; and 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. New Castle County hospitals and trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

What information should I collect at the truck accident scene in New Castle 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; and 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 New Castle 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.

Trucking Company and Driver Questions

Who can I sue after an 18-wheeler accident in New Castle 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); and 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), and negligent scheduling (pressure to violate hours of service).

What if the truck driver says the accident was my fault?

New Castle County, Delaware uses modified comparative negligence with a 51% bar rule. Even if you were partially at fault, you may still recover compensation as long as you are 50% or less at fault—though your recovery will be reduced by your percentage of fault. 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.

Evidence and Investigation Questions

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. This data can show speed before and during the crash, brake application timing, engine RPM and throttle position, whether cruise control was engaged, and 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.

Legal Process and Insurance Questions

How long do I have to file an 18-wheeler accident lawsuit in New Castle County?

In Delaware, you have 2 years from the date of your trucking accident to file a personal injury lawsuit, and 2 years from the date of death for wrongful death claims. But waiting that long is dangerous—evidence disappears, witnesses forget, and trucking companies are building their defense right now. We recommend contacting an attorney within days, not months.

How much are 18-wheeler accident cases worth in New Castle 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; and 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.

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. Our standard contingency fee is 33.33% pre-trial and 40% if the case goes to trial.

Why Choose Attorney911 for Your New Castle County Trucking Accident Case

25+ Years of Experience Fighting for Victims

Ralph Manginello has represented trucking accident victims since 1998. For over two decades, the Manginello Law Firm has made trucking companies pay for the devastation they’ve caused. With admission to federal court and 25 years of trial experience, Ralph brings the credentials and courtroom skill that trucking companies fear.

Former Insurance Defense Attorney on Your Side

Our associate attorney Lupe Peña spent years working at a national insurance defense firm. He watched adjusters minimize claims. He saw how they train their people to lowball victims. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation. When you call Attorney911, you’re getting a team that includes a former insurance defense attorney. Lupe Peña spent years on the other side. Now he’s on YOUR side.

Multi-Million Dollar Results

Our firm has recovered over $50 million for families across all practice areas. Specific trucking and catastrophic injury results include:

Federal Court Experience

Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas. This federal court admission is critical for interstate trucking cases, which often involve federal regulations and can be filed in federal court. Many personal injury attorneys lack this capability—we have it.

Three Office Locations Serving New Castle County and Beyond

With offices in Houston, Austin, and Beaumont, we serve trucking accident victims across Texas and beyond. For New Castle County, Delaware clients, our federal court experience and interstate trucking expertise allow us to represent you effectively, coordinating with local Delaware counsel as needed while bringing our specialized trucking litigation experience to your case.

24/7 Availability

Trucking accidents don’t happen on business hours. That’s why we’re available 24/7 at 1-888-ATTY-911. When you call, we answer. When you need us, we’re there.

Spanish Language Services

Hablamos Español. Many trucking accident victims in New Castle County and across our service areas speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. No communication barriers. No misunderstandings. Just clear, effective advocacy. Llame al 1-888-ATTY-911.

Client Satisfaction: 4.9 Stars, 251+ Reviews

Our clients speak for us. Here’s what they’ve said:

Chad Harris: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Donald Wilcox: “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.”

Glenda Walker: “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.”

Ernest Cano: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”

Kiimarii Yup: “I lost everything… my car was at a total loss, and because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return plus a brand new truck.”

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

Types of 18-Wheeler Accidents We Handle in New Castle County

Jackknife Accidents

A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic. Jackknife accidents account for approximately 10% of all trucking-related deaths and often result in multi-vehicle pileups when the trailer blocks multiple lanes.

Common causes include sudden or improper braking especially on wet or icy roads, speeding particularly on curves or in adverse conditions, empty or lightly loaded trailers (more prone to swing), improperly loaded or unbalanced cargo, brake system failures or worn brakes, driver inexperience with emergency maneuvers, and slippery road surfaces without speed reduction.

We gather skid mark analysis showing trailer angle, brake inspection records and maintenance logs, weather conditions at time of accident, ELD data showing speed before braking, ECM data for brake application timing, cargo manifest and loading records. FMCSA violations often present include 49 CFR § 393.48 (brake system malfunction), 49 CFR § 393.100 (improper cargo securement), and 49 CFR § 392.6 (speeding for conditions).

Rollover Accidents

A rollover occurs when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight (up to 80,000 lbs), rollovers are among the most catastrophic trucking accidents. Approximately 50% of rollover crashes result from failure to adjust speed on curves. Rollovers frequently lead to secondary crashes from debris and fuel spills and are often fatal or cause catastrophic injuries to both truck occupants and other vehicles.

Common causes include speeding on curves, ramps, or turns; taking turns too sharply at excessive speed; improperly secured or unevenly distributed cargo; liquid cargo “slosh” shifting center of gravity; overcorrection after tire blowout or lane departure; driver fatigue causing delayed reaction; and road design defects (inadequate banking on curves).

We gather ECM data showing speed through curve, cargo manifest and securement documentation, load distribution records, driver training records on rollover prevention, road geometry and signage analysis, and witness statements on truck speed. FMCSA violations often present include 49 CFR §§ 393.100-136 (cargo securement violations), 49 CFR § 392.6 (exceeding safe speed), and 49 CFR § 392.3 (operating while fatigued).

Underride Collisions

An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level. Among the most FATAL types of 18-wheeler accidents, approximately 400-500 underride deaths occur annually in the United States.

Types include rear underride (vehicle strikes back of trailer, often at intersections or during sudden stops) and side underride (vehicle impacts side of trailer during lane changes, turns, or at intersections).

Common causes include inadequate or missing underride guards, worn or damaged rear impact guards, truck sudden stops without adequate warning, low visibility conditions (night, fog, rain), truck lane changes into blind spots, wide right turns cutting off traffic, and inadequate rear lighting or reflectors.

We gather underride guard inspection and maintenance records, rear lighting compliance documentation, crash dynamics showing underride depth, guard installation and certification records, visibility conditions at accident scene, and post-crash guard deformation analysis.

FMCSA/NHTSA requirements include 49 CFR § 393.86 (rear impact guards required on trailers manufactured after 1/26/1998), with guards required to prevent underride at 30 mph impact. NO FEDERAL REQUIREMENT exists for side underride guards (advocacy ongoing).

Injuries are almost always fatal or catastrophic: decapitation, severe head and neck trauma, death of all vehicle occupants, traumatic brain injury, spinal cord severance.

Rear-End Collisions

A rear-end collision occurs when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries. 18-wheelers require 20-40% more stopping distance than passenger vehicles. A fully loaded truck at 65 mph needs approximately 525 feet to stop—nearly two football fields. Rear-end collisions are the second most common type of large truck crash.

Common causes include following too closely (tailgating), driver distraction (cell phone, dispatch communications), driver fatigue and delayed reaction, excessive speed for traffic conditions, brake failures from poor maintenance, failure to anticipate traffic slowdowns, and impaired driving.

We gather ECM data showing following distance and speed, ELD data for driver fatigue analysis, cell phone records for distraction evidence, brake inspection and maintenance records, dashcam footage if available, and traffic conditions and speed limits.

FMCSA violations often present include 49 CFR § 392.11 (following too closely), 49 CFR § 392.3 (operating while fatigued), 49 CFR § 392.82 (mobile phone use), and 49 CFR § 393.48 (brake system deficiencies).

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap. Trucks make wide turns because 18-wheelers need significant space to complete turns, the trailer tracks inside the path of the cab, and drivers must swing wide to avoid curbs, signs, or buildings.

Common causes include failure to properly signal turning intention, inadequate mirror checks before and during turn, improper turn technique (swinging too early or too wide), driver inexperience with trailer tracking, failure to yield right-of-way when completing turn, and poor intersection design forcing wide turns.

We gather turn signal activation data from ECM, mirror condition and adjustment records, driver training records on turning procedures, intersection geometry analysis, witness statements on turn execution, and surveillance camera footage from nearby businesses.

FMCSA violations often present include 49 CFR § 392.11 (unsafe lane changes), 49 CFR § 392.2 (failure to obey traffic signals), and state traffic law violations for improper turns.

Blind Spot Accidents (“No-Zone”)

Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones). The four No-Zones are: front No-Zone (20 feet directly in front of the cab—driver cannot see low vehicles); rear No-Zone (30 feet behind the trailer—no rear-view mirror visibility); left side No-Zone (extends from cab door backward—smaller than right side); and right side No-Zone (extends from cab door backward, much larger than left—MOST DANGEROUS).

Right-side blind spot accidents are especially dangerous due to larger blind spot area. Many blind spot accidents occur during lane changes on highways.

Common causes include failure to check mirrors before lane changes, improperly adjusted or damaged mirrors, inadequate mirror checking during sustained maneuvers, driver distraction during lane changes, driver fatigue affecting situational awareness, and failure to use turn signals allowing other drivers to anticipate.

We gather mirror condition and adjustment at time of crash, lane change data from ECM/telematics, turn signal activation records, driver training on blind spot awareness, dashcam footage, and witness statements on truck behavior.

Under 49 CFR § 393.80, mirrors must provide clear view to rear on both sides, with proper mirror adjustment part of driver pre-trip inspection.

Tire Blowout Accidents

Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles. 18-wheelers have 18 tires, each of which can fail. Steer tire (front) blowouts are especially dangerous—can cause immediate loss of control. “Road gators” (tire debris) cause thousands of accidents annually.

Common causes include 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, heat buildup on long hauls, and inadequate pre-trip tire inspections.

We gather tire maintenance and inspection records, tire age and wear documentation, tire inflation records and pressure checks, vehicle weight records (weigh station), tire manufacturer and purchase records, and failed tire for defect analysis.

Under 49 CFR § 393.75, tire requirements specify tread depth and condition. Under 49 CFR § 396.13, pre-trip inspection must include tire check. Minimum tread depth is 4/32″ on steer tires and 2/32″ on other positions.

Brake Failure Accidents

Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision. Brake problems are a factor in approximately 29% of large truck crashes. Brake system violations are among the most common FMCSA out-of-service violations. Complete brake failure is often the result of systematic maintenance neglect.

Common causes include worn brake pads or shoes not replaced, improper brake adjustment (too loose), air brake system leaks or failures, overheated brakes (brake fade) on long descents, contaminated brake fluid, defective brake components, failure to conduct pre-trip brake inspections, and deferred maintenance to save costs.

We gather brake inspection and maintenance records, out-of-service inspection history, ECM data showing brake application and effectiveness, post-crash brake system analysis, driver vehicle inspection reports (DVIRs), and mechanic work orders and parts records.

Under 49 CFR §§ 393.40-55, brake system requirements are specified. Under 49 CFR § 396.3, systematic inspection and maintenance is required. Under 49 CFR § 396.11, driver post-trip report of brake condition is required. Air brake pushrod travel limits are specified.

Cargo Spill/Shift Accidents

Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway. Cargo securement violations are among the top 10 most common FMCSA violations. Shifted cargo causes rollover accidents when center of gravity changes. Spilled cargo on highways causes secondary accidents.

Types include cargo shift (load moves during transit, destabilizing truck), cargo spill (load falls from truck onto roadway), and hazmat spill (hazardous materials leak or spill, creating additional dangers).

Common causes include inadequate tiedowns (insufficient number or strength), improper loading distribution, failure to use blocking, bracing, or friction mats, tiedown failure due to wear or damage, overloading beyond securement capacity, failure to re-inspect cargo during trip, and loose tarps allowing cargo shift.

We gather cargo securement inspection photos, bill of lading and cargo manifest, loading company records, tiedown specifications and condition, 49 CFR 393 compliance documentation, and driver training on cargo securement.

Under 49 CFR §§ 393.100-136, complete cargo securement standards apply with working load limits for tiedowns specified and specific requirements by cargo type (logs, metal coils, machinery, etc.).

Head-On Collisions

Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction. Head-on collisions are among the deadliest accident types. Even at moderate combined speeds, the force is often fatal. They often occur on two-lane highways or from wrong-way entry.

Common causes include driver fatigue causing lane departure, driver falling asleep at the wheel, driver distraction (phone, GPS, dispatch), impaired driving (drugs, alcohol), medical emergency (heart attack, seizure), overcorrection after running off road, passing on two-lane roads, and wrong-way entry onto divided highways.

We gather ELD data for HOS compliance and fatigue, ECM data showing lane departure and steering, cell phone records for distraction, driver medical records and certification, drug and alcohol test results, and route and dispatch records.

FMCSA violations often present include 49 CFR § 395 (hours of service violations), 49 CFR § 392.3 (operating while fatigued), 49 CFR §§ 392.4/5 (drug or alcohol violations), and 49 CFR § 392.82 (mobile phone use).

Catastrophic injuries or death are common. The closing speed combines both vehicles’ velocities. TBI, spinal cord injuries, internal organ damage, amputations, crushing injuries, and wrongful death result.

The Attorney911 Difference: What We Do Differently

We Investigate Deeper Than Other Firms

Most firms look at a trucking accident and see one defendant: the driver. At Attorney911, we see the full picture. Our investigation process includes:

1. Immediate Evidence Preservation — We send spoliation letters within 24-48 hours, demand preservation of ECM, ELD, maintenance records, and secure physical evidence before repair or disposal.

2. FMCSA Records Review — We obtain the carrier’s complete safety record, review CSA scores and inspection history, and identify patterns of violations.

3. Driver Qualification File Subpoena — We demand employment application and background check, driving record and previous employers, medical certification and drug test history, and training documentation.

4. Corporate Structure Analysis — We identify all related companies, determine owner-operator vs. employee status, and map insurance coverage for each entity.

5. Accident Reconstruction — We retain expert engineers, analyze ECM and ELD data, and determine sequence of events and contributing factors.

6. Defect Investigation — We preserve failed components, research recall and complaint history, and retain product liability experts if warranted.

We Know New Castle County’s Trucking Corridors

We understand the specific risks of New Castle County’s highways:

• I-95 — The primary north-south freight corridor for the entire East Coast, carrying thousands of trucks daily through our county
• I-295 — Alternative route for commercial traffic, with complex interchanges requiring frequent lane changes
• I-495 — Wilmington bypass with heavy truck volume and limited emergency pull-off areas
• Delaware Memorial Bridge — Critical crossing with severe weather vulnerability and congestion-related stop-and-go traffic
• Port of Wilmington — Specialized refrigerated cargo creates unique trucking patterns and time pressures

This local knowledge, combined with our understanding of FMCSA regulations, gives us an advantage in building your case.

We Prepare Every Case for 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.

Our track record includes multi-million dollar verdicts and settlements, and our willingness to try cases creates leverage in every negotiation.

Call Attorney911 Today: Your New Castle County 18-Wheeler Accident Attorneys

The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. What are you doing?

Every hour you wait, evidence in your New Castle County trucking accident case is disappearing. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. The clock started the moment that truck hit you. Within 48 hours, critical evidence can be overwritten—and the trucking company knows it.

Call Attorney911 NOW at 1-888-ATTY-911 for a free consultation. We’ll send a preservation letter today to protect your evidence.

With 25+ years of experience fighting for injury victims, Ralph Manginello has made trucking companies pay. Our team includes an attorney who used to work for insurance companies—now he fights against them. That’s your advantage.

You pay nothing unless we win. Zero upfront costs. We advance all investigation expenses. The trucking company has lawyers working right now to protect them. You deserve the same level of representation.

If you or a loved one suffered catastrophic injuries in a New Castle County 18-wheeler accident—traumatic brain injury, spinal cord damage, amputation, or worse—you need an attorney who has recovered multi-million dollar verdicts for families just like yours.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.

Attorney911. Because trucking companies shouldn’t get away with it.

1-888-ATTY-911

Available 24/7. Free consultation. No fee unless we win.