18-Wheeler Accidents in Newton County: Your Guide to Justice After a Trucking Crash

When an 80,000-Pound Truck Changes Your Life in an Instant

One moment, you’re driving home from work on Newton County’s highways. The next, an 18-wheeler is jackknifing across three lanes, or your car is sliding underneath a trailer in a deadly underride collision. The impact is catastrophic. The truck weighs 20-25 times more than your car. There’s no time to react. No chance to avoid it.

If you or a loved one has been hurt in an 18-wheeler accident in Newton County, you’re not just dealing with another car crash. You’re facing a legal emergency that requires specialized knowledge of federal trucking regulations, commercial insurance policies, and how to hold powerful trucking companies accountable.

At Attorney911, we’ve been fighting for trucking accident victims across Texas for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes. We know the Newton County trucking corridors, the local courts, and exactly how to build your case for maximum compensation.

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

Why 18-Wheeler Accidents Are Different From Car Crashes

The Physics of Devastation

An 80,000-pound fully loaded 18-wheeler traveling at 65 mph carries approximately 80 times the kinetic energy of a 4,000-pound passenger car. This massive energy transfer explains why trucking accidents cause such severe injuries:

• Traumatic Brain Injuries (TBI): The sudden impact can cause your brain to collide with the inside of your skull, leading to concussions, cognitive impairment, or permanent brain damage. TBI symptoms may not appear immediately but can include headaches, memory problems, mood changes, and difficulty concentrating.

• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis. Quadriplegia (loss of function in all four limbs) and paraplegia (loss of function below the waist) are life-altering conditions that require extensive medical care and home modifications.

• Amputations: The crushing forces in a trucking accident can sever limbs at the scene or require surgical amputation due to severe damage. Prosthetic limbs, physical therapy, and psychological counseling become lifelong needs.

• Severe Burns: Fuel tank ruptures, cargo spills, and electrical fires can cause third-degree burns requiring skin grafts and multiple reconstructive surgeries. Burn victims often face permanent scarring and chronic pain.

• Internal Organ Damage: The impact can rupture organs like the liver, spleen, or kidneys, causing internal bleeding that may not be immediately apparent but can be life-threatening.

• Wrongful Death: When trucking accidents kill, surviving family members can pursue wrongful death claims for lost income, loss of companionship, funeral expenses, and punitive damages if gross negligence is proven.

The Legal Landscape: Why You Need a Specialist

18-wheeler accident cases are fundamentally different from car accident cases:

Factor	Car Accident	18-Wheeler Accident
Insurance Coverage	$30,000-$100,000 typical	$750,000-$5,000,000+ required by federal law
Liable Parties	Usually 1 (other driver)	5-10+ (driver, company, cargo loader, manufacturer, etc.)
Evidence	Police report, photos	ECM/black box, ELD logs, maintenance records, DQ files
Regulations	State traffic laws	Federal FMCSA regulations (49 CFR Parts 390-399)
Investigation	Basic scene documentation	Immediate spoliation letters, expert reconstruction
Settlement Value	$15,000-$100,000 typical	$100,000-$10,000,000+ possible
Defense Tactics	Standard insurance negotiation	Rapid-response teams, corporate lawyers, aggressive tactics

Common Types of 18-Wheeler Accidents in Newton County

Newton County’s position along major trucking corridors creates unique accident risks. We’ve handled cases involving:

1. Jackknife Accidents on I-10 and US-190

What Happens: The trailer swings out perpendicular to the cab, creating a “V” shape that blocks multiple lanes. These often occur when drivers brake suddenly on wet or icy roads, or when empty trailers lack sufficient weight to maintain traction.

Why They’re Dangerous: The swinging trailer can strike multiple vehicles, causing chain-reaction collisions. In Newton County, where I-10 sees heavy truck traffic from the Port of Houston and US-190 serves local freight, jackknife accidents are particularly hazardous.

Common Causes in Newton County:

• Sudden braking on I-10’s long straight stretches
• Improperly loaded cargo shifting during turns
• Brake system failures from deferred maintenance
• Driver fatigue from long hauls between Houston and Louisiana
• Speeding on US-190’s rural sections

2. Underride Collisions – The Deadliest Trucking Accident

What Happens: Your vehicle slides underneath the trailer, often shearing off the roof at windshield level. These accidents are frequently fatal because the trailer’s height matches the passenger compartment of most cars.

Types:

• Rear Underride: Your car strikes the back of a trailer, often at intersections or during sudden stops
• Side Underride: Your vehicle impacts the side of a trailer during lane changes or turns

Newton County Risk Factors:

• Poor lighting on rural highways
• Inadequate or missing underride guards
• Wide turns by trucks at intersections
• Sudden stops on I-10’s high-speed sections
• Nighttime truck traffic from 24/7 operations

Federal Requirements:

• Rear impact guards must prevent underride at 30 mph impacts (49 CFR § 393.86)
• NO federal requirement for side underride guards (though advocacy is ongoing)

3. Rollover Accidents on Newton County’s Curves

What Happens: The truck tips onto its side or roof, often spilling cargo across the roadway. These are particularly dangerous when carrying hazardous materials.

Why They Happen in Newton County:

• Speeding on curves along US-190
• Top-heavy loads from local timber or agricultural products
• Liquid cargo “slosh” in tanker trucks
• Overcorrection after tire blowouts
• Driver fatigue from long hauls

Common Locations:

• Sharp curves on US-190 between Newton and Burkeville
• Highway intersections with uneven pavement
• Areas with poor drainage causing hydroplaning

4. Rear-End Collisions – When 525 Feet Isn’t Enough

What Happens: An 18-wheeler strikes the back of your vehicle. Due to their massive weight, trucks require up to 525 feet to stop from 65 mph – nearly two football fields.

Why They’re Common in Newton County:

• Following too closely on I-10’s high-speed sections
• Driver distraction from dispatch communications
• Fatigue from long hours on the road
• Brake failures from poor maintenance
• Failure to anticipate traffic slowdowns

Injuries We See:

• Whiplash and neck injuries
• Spinal cord damage
• Traumatic brain injuries
• Internal organ damage
• Wrongful death

5. Wide Turn Accidents – The “Squeeze Play”

What Happens: Trucks swing wide (often to the left) before making a right turn, creating a gap that smaller vehicles enter. The truck then completes its turn, crushing the vehicle that entered the gap.

Newton County Hotspots:

• Intersections in Newton and Burkeville
• Highway access points
• Areas with limited turning space
• Truck stops and rest areas

Why They Happen:

• Failure to properly signal turning intention
• Inadequate mirror checks
• Improper turn technique
• Driver inexperience with trailer tracking
• Poor intersection design

6. Blind Spot Collisions – The “No-Zone” Danger

What Happens: Trucks have four massive blind spots where they can’t see other vehicles. When trucks change lanes without seeing vehicles in these zones, collisions occur.

The Four No-Zones:

1. Front No-Zone: 20 feet directly in front of the cab
2. Rear No-Zone: 30 feet behind the trailer
3. Left Side No-Zone: Extends from cab door backward
4. Right Side No-Zone: Extends from cab door backward – MOST DANGEROUS (much larger than left side)

Newton County Risk Factors:

• Lane changes on I-10’s multi-lane sections
• Merging traffic at highway on-ramps
• Rural roads with limited visibility
• Nighttime driving conditions
• Driver fatigue affecting situational awareness

7. Tire Blowout Accidents – When Rubber Meets Road

What Happens: A tire suddenly fails, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.

Newton County-Specific Risks:

• Heat-related blowouts on summer highways
• Road debris from local timber operations
• Overloaded vehicles exceeding tire capacity
• Aging tires not replaced
• Improper tire matching on dual wheels

Federal Requirements (49 CFR § 393.75):

• Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions
• Drivers must inspect tires before every trip
• No visible damage or exposed cords

8. Brake Failure Accidents – When Stopping Isn’t an Option

What Happens: The truck’s braking system fails or underperforms, preventing the driver from stopping in time.

Why They’re a Problem in Newton County:

• Worn brake pads not replaced
• Improper brake adjustments
• Air brake system leaks
• Overheated brakes on long descents
• Contaminated brake fluid
• Deferred maintenance to save costs

FMCSA Requirements (49 CFR § 393.40-55):

• All CMVs must have properly functioning brake systems
• Parking/emergency brake system required
• Air brake systems must meet specific requirements
• Brake adjustment must be maintained within specifications

9. Cargo Spill/Shift Accidents – When Loads Become Projectiles

What Happens: Improperly secured cargo falls from a truck or shifts during transport, causing instability.

Newton County Risks:

• Timber and agricultural products from local operations
• Improperly secured loads on flatbed trucks
• Liquid cargo slosh in tankers
• Overweight loads
• Failure to re-inspect cargo during trips

FMCSA Cargo Securement Standards (49 CFR § 393.100-136):

• Cargo must be contained, immobilized, or secured
• Must withstand 0.8g deceleration forward, 0.5g lateral and rearward
• Specific requirements for different cargo types (logs, metal coils, machinery, etc.)

Who’s Really Responsible? The Web of Liability in Trucking Accidents

In car accidents, usually only one driver is at fault. In 18-wheeler accidents, multiple parties can share responsibility. We investigate and pursue claims against:

1. The Truck Driver

The driver may be personally liable for:

• Speeding or reckless driving
• Distracted driving (cell phone, texting, dispatch communications)
• Fatigued driving beyond legal limits
• Impaired driving (drugs, alcohol)
• Failure to conduct proper pre-trip inspections
• Violation of traffic laws
• Failure to yield, improper lane changes, running red lights

Key Evidence:

• Driving record and history
• ELD data showing hours of service
• Drug and alcohol test results
• Cell phone records
• Previous accident history
• Training records

2. The Trucking Company / Motor Carrier

The company is often the most important defendant because they have the deepest pockets (highest insurance limits).

Vicarious Liability:
Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment.

Direct Negligence:
Trucking companies can also be directly liable for:

• Negligent Hiring: Failing to check driver’s background, driving record, or qualifications
• Negligent Training: Inadequate training on safety, cargo securement, hours of service
• Negligent Supervision: Failing to monitor driver performance and ELD compliance
• Negligent Maintenance: Failing to maintain vehicles in safe condition
• Negligent Scheduling: Pressuring drivers to violate HOS regulations

Evidence We Pursue:

• Driver Qualification File (DQ File)
• Hiring policies and background check procedures
• Training records and curricula
• Supervision and monitoring practices
• Dispatch records showing schedule pressure
• Safety culture documentation
• Previous accident/violation history
• CSA (Compliance, Safety, Accountability) scores

3. The Cargo Owner / Shipper

The company that owns the cargo and arranged for its shipment may be liable for:

• Providing improper loading instructions
• Failing to disclose hazardous nature of cargo
• Requiring overweight loading
• Pressuring carrier to expedite beyond safe limits
• Misrepresenting cargo weight or characteristics

4. The Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for:

• Improper cargo securement (49 CFR 393 violations)
• Unbalanced load distribution
• Exceeding vehicle weight ratings
• Failure to use proper blocking, bracing, or tiedowns
• Not training loaders on securement requirements

5. Truck and Trailer Manufacturer

The company that manufactured the truck, trailer, or major components may be liable for:

• Design defects (brake systems, stability control, fuel tank placement)
• Manufacturing defects (faulty welds, component failures)
• Failure to warn of known dangers
• Defective safety systems (ABS, ESC, collision warning)

6. Parts Manufacturer

Companies that manufacture specific parts (brakes, tires, steering components) may be liable for:

• Defective brakes or brake components
• Defective tires causing blowouts
• Defective steering mechanisms
• Defective lighting components
• Defective coupling devices

7. Maintenance Company

Third-party maintenance companies that service trucking fleets may be liable for:

• Negligent repairs that failed to fix problems
• Failure to identify critical safety issues
• Improper brake adjustments
• Using substandard or wrong parts
• Returning vehicles to service with known defects

8. Freight Broker

Freight brokers who arrange transportation but don’t own trucks may be liable for:

• Negligent selection of carrier with poor safety record
• Failure to verify carrier insurance and authority
• Failure to check carrier CSA scores
• Selecting cheapest carrier despite safety concerns

9. Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may have separate liability for:

• Negligent entrustment of vehicle
• Failure to maintain owned equipment
• Knowledge of driver’s unfitness

10. Government Entity

Federal, state, or local government may be liable in limited circumstances for:

• Dangerous road design that contributed to accident
• Failure to maintain roads (potholes, debris, worn markings)
• Inadequate signage for known hazards
• Failure to install safety barriers
• Improper work zone setup

Special Considerations in Texas:

• Sovereign immunity limits government liability
• Strict notice requirements and short deadlines
• Must prove actual notice of dangerous condition in many cases

The 48-Hour Evidence Preservation Protocol: What You Must Do Immediately

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.

Why 48 Hours Matters

Evidence Type	Destruction Risk
ECM/Black Box Data	Overwrites in 30 days or with new driving events
ELD Data	May be retained only 6 months
Dashcam Footage	Often deleted within 7-14 days
Surveillance Video	Business cameras typically overwrite in 7-30 days
Witness Memory	Fades significantly within weeks
Physical Evidence	Vehicle may be repaired, sold, or scrapped
Drug/Alcohol Tests	Must be conducted within specific windows

Our Immediate Action Plan for Newton County Accidents

When you call Attorney911 after a Newton County trucking accident, here’s what we do within the first 48 hours:

1. Send Spoliation Letters

   • Formal legal notice to the trucking company, their insurer, and all potentially liable parties
   • Demands preservation of ALL evidence related to the accident
   • Creates legal consequences if evidence is destroyed

2. Preserve Electronic Data

   • ECM/Black Box: Records speed, braking, throttle position, fault codes
   • ELD (Electronic Logging Device): Proves hours of service violations
   • GPS/Telematics: Shows real-time location and route history
   • Cell Phone Records: Proves distracted driving
   • Dashcam Footage: Video evidence of the accident

3. Secure Physical Evidence

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

4. Obtain Critical Records

   • Driver Qualification File: Employment application, driving record, medical certification, training records
   • Maintenance Records: Pre-trip inspections, repair history, parts replacements
   • Dispatch Records: Trip logs, communication with driver, delivery schedules
   • Drug/Alcohol Test Results: Pre-employment and random testing history

5. Document the Scene

   • Photograph all damage, tire marks, debris patterns
   • Measure skid marks and impact points
   • Document road conditions, weather, visibility
   • Obtain police crash report and 911 call recordings

6. Interview Witnesses

   • Get statements before memories fade
   • Identify independent witnesses
   • Collect contact information

7. Deploy Experts

   • Accident reconstruction specialists
   • Trucking industry experts
   • Medical experts to document injuries

What the Spoliation Letter Demands

Our spoliation letters demand preservation of:

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
• Previous employer verification
• Medical certification and exam records
• Drug and alcohol test results
• Training records and certifications
• Previous accident and violation history
• Performance reviews and disciplinary records

Vehicle Records:

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

Company Records:

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

Physical Evidence:

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

FMCSA Regulations: The Legal Framework That Holds Trucking Companies Accountable

The Federal Motor Carrier Safety Administration (FMCSA) regulates ALL commercial motor vehicles operating in interstate commerce. These regulations are codified in Title 49 of the Code of Federal Regulations (49 CFR), Parts 300-399.

When trucking companies 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.

The 6 Critical Parts of FMCSA Regulations

Part	Title	What It Covers
Part 390	General Applicability	Definitions, who regulations apply to
Part 391	Driver Qualification	Who can drive, medical requirements, training
Part 392	Driving Rules	Safe operation, fatigue, drugs, alcohol
Part 393	Vehicle Safety	Equipment, cargo securement, brakes, lights
Part 395	Hours of Service	How long drivers can drive, required rest
Part 396	Inspection & Maintenance	Vehicle upkeep, inspections, records

Part 391: Driver Qualification Standards

Purpose: Establishes who is qualified to drive a commercial motor vehicle.

Minimum Driver Qualifications (49 CFR § 391.11):
A person shall not drive a commercial motor vehicle unless they:

1. Are at least 21 years old (interstate) or 18 years old (intrastate)
2. Can read and speak English sufficiently
3. Can safely operate the CMV and cargo type
4. Are physically qualified under § 391.41
5. Have a valid commercial motor vehicle operator’s license (CDL)
6. Have completed a driver’s road test or equivalent
7. Are not disqualified under § 391.15 (violations, suspensions)
8. Have completed required entry-level driver training

Driver Qualification File Requirements (49 CFR § 391.51):
Motor carriers MUST maintain a Driver Qualification (DQ) File for EVERY driver containing:

Document	Requirement
Employment Application	Completed per § 391.21
Motor Vehicle Record	From state licensing authority
Road Test Certificate	Or equivalent documentation
Medical Examiner’s Certificate	Current, valid (max 2 years)
Annual Driving Record Review	Must be conducted and documented
Previous Employer Inquiries	3-year driving history investigation
Drug & Alcohol Test Records	Pre-employment and random testing

Why This Matters for Your Newton County Case:
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.

Physical Qualification Requirements (49 CFR § 391.41):
Drivers must be medically qualified to operate CMVs. Key requirements include:

• No loss of foot, leg, hand, or arm (without exemption)
• No established medical history of epilepsy or seizures
• No mental, nervous, or psychiatric disorder likely to interfere with safe driving
• No current clinical diagnosis of alcoholism
• No use of Schedule I controlled substances
• No use of non-Schedule I substances that impair driving ability
• Vision of at least 20/40 in each eye (with or without correction)
• Hearing adequate to perceive forced whisper at 5 feet

Part 392: Driving of Commercial Motor Vehicles

Purpose: Establishes rules for the safe operation of CMVs.

Ill or Fatigued Operators (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.”

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

Drugs and Other Substances (49 CFR § 392.4):
A driver shall not be on duty or operate a CMV while:

1. Under the influence of any Schedule I substance
2. Under the influence of an amphetamine, narcotic, or any substance that renders them incapable of safe driving
3. Possessing a Schedule I substance (unless prescription)

Alcohol (49 CFR § 392.5):
A driver shall not:

1. Use alcohol within 4 hours before going on duty or operating a CMV
2. Use alcohol while on duty or operating a CMV
3. Be under the influence of alcohol (.04 BAC or higher) while on duty
4. Possess any alcohol while on duty (with limited exceptions)

Speeding (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.”

Following Too Closely (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.”

Mobile Phone Use (49 CFR § 392.82):
Drivers are PROHIBITED from:

• Using a hand-held mobile telephone while driving
• Reaching for mobile phone in manner requiring leaving seated position
• Texting while driving (49 CFR § 392.80)

Part 393: Parts and Accessories for Safe Operation

Purpose: Establishes equipment and cargo securement standards.

Cargo Securement (49 CFR § 393.100-136):

General Requirements (§ 393.100):
Cargo must be contained, immobilized, or secured to prevent:

• Leaking, spilling, blowing, or falling from the vehicle
• Shifting that affects vehicle stability or maneuverability
• Blocking the driver’s view or interfering with operation

Performance Criteria (§ 393.102):
Cargo securement systems must withstand:

• Forward: 0.8 g deceleration (sudden stop)
• Rearward: 0.5 g acceleration
• Lateral: 0.5 g (side-to-side)
• Downward: At least 20% of cargo weight if not fully contained

Tiedown Requirements:

• Aggregate working load limit must be at least 50% of cargo weight for loose cargo
• At least one tiedown for cargo 5 feet or less in length
• At least two tiedowns for cargo over 5 feet or under 1,100 lbs
• Additional tiedowns for every 10 feet of cargo length

Brakes (49 CFR § 393.40-55):
All CMVs must have properly functioning brake systems:

• Service brakes on all wheels
• Parking/emergency brake system
• Air brake systems must meet specific requirements
• Brake adjustment must be maintained within specifications

Lighting (49 CFR § 393.11-26):
Required lighting includes:

• Headlamps, tail lamps, stop lamps
• Clearance and side marker lamps
• Reflectors and retroreflective sheeting
• Turn signal lamps

Why This Matters for Newton County Cases:
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.

Part 395: Hours of Service (HOS) Regulations

Purpose: Prevents driver fatigue by limiting driving time and requiring rest.

THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.

Property-Carrying Drivers (Most 18-Wheelers):

Rule	Requirement	Violation Consequence
11-Hour Driving Limit	Cannot drive more than 11 hours after 10 consecutive hours off duty	Fatigue-related accidents
14-Hour Duty Window	Cannot drive beyond 14th consecutive hour after coming on duty	Driver exhaustion
30-Minute Break	Must take 30-minute break after 8 cumulative hours of driving	Impaired alertness
60/70-Hour Limit	Cannot drive after 60 hours in 7 days or 70 hours in 8 days	Cumulative fatigue
34-Hour Restart	Can restart 60/70-hour clock with 34 consecutive hours off	Inadequate recovery
10-Hour Off-Duty	Must have minimum 10 consecutive hours off duty before driving	Insufficient rest

Sleeper Berth Provision (49 CFR § 395.1(g)):
Drivers using sleeper berth may split 10-hour off-duty period:

• At least 7 consecutive hours in sleeper berth
• Plus at least 2 consecutive hours off-duty (in berth or otherwise)
• Neither period counts against 14-hour window

Electronic Logging Device (ELD) Mandate (49 CFR § 395.8):
Since December 18, 2017, most CMV drivers must use ELDs that:

• Automatically record driving time
• Synchronize with vehicle engine to record objective data
• Cannot be altered after the fact (unlike paper logs)
• Record GPS location, speed, engine hours

Why ELD Data Is Critical Evidence for Newton County Cases:
ELDs prove:

• Exactly how long the driver was on duty
• Whether breaks were taken as required
• Speed before and during the accident
• GPS location history
• Any HOS violations

WE SEND SPOLIATION LETTERS IMMEDIATELY TO PRESERVE THIS DATA.

Part 396: Inspection, Repair, and Maintenance

Purpose: Ensures CMVs are maintained in safe operating condition.

General Maintenance Requirement (§ 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.”

Driver Inspection Requirements:

Pre-Trip Inspection (§ 396.13):
Before driving, drivers must be satisfied the CMV is in safe operating condition. Must review last driver vehicle inspection report if defects were noted.

Post-Trip Report (§ 396.11):
After each day’s driving, drivers must prepare 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
• Emergency equipment

Annual Inspection (§ 396.17):
Every CMV must pass a comprehensive annual inspection covering 16+ systems. Inspection decal must be displayed. Records must be retained for 14 months.

Maintenance Record Retention (§ 396.3):
Motor carriers must maintain records for each vehicle showing:

• Identification (make, serial number, year, tire size)
• Schedule for inspection, repair, and maintenance
• Record of repairs and maintenance
• Records must be retained for 1 year

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

Top 10 FMCSA Violations We Find in Newton County Trucking Accidents

1. Hours of Service Violations – Driving beyond 11-hour limit, no breaks
2. False Log Entries – Falsifying ELD or paper log records
3. Failure to Maintain Brakes – Worn brakes, improper adjustment
4. Cargo Securement Failures – Inadequate tiedowns, shifting loads
5. Unqualified Driver – Operating without valid CDL or medical certificate
6. Drug/Alcohol Violations – Operating under influence, failed tests
7. Mobile Phone Use – Texting, hand-held phone while driving
8. Failure to Inspect – No pre-trip inspection, ignored defects
9. Improper Lighting – Non-functioning lights, missing reflectors
10. Negligent Hiring – No background check, incomplete DQ file

How We Prove Violations in Newton County Courts:

Evidence Type	What It Shows
ELD Data	Hours of service violations, driving time
ECM/Black Box	Speed, braking, throttle position
Driver Qualification File	Hiring negligence, training gaps
Maintenance Records	Deferred repairs, known defects
Inspection Reports	Pre-existing violations
Drug/Alcohol Tests	Impairment at time of accident
Dispatch Records	Pressure to violate HOS

Catastrophic Injuries from 18-Wheeler Accidents: The Human Cost

The physics of 18-wheeler accidents make catastrophic injuries the norm, not the exception in Newton County.

Traumatic Brain Injury (TBI)

What It Is:
TBI occurs when a 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:

Level	Symptoms	Prognosis
Mild (Concussion)	Confusion, headache, brief loss of consciousness	Usually recovers, but may have lasting effects
Moderate	Extended unconsciousness, memory problems, cognitive deficits	Significant recovery possible with rehabilitation
Severe	Extended coma, permanent cognitive impairment	Lifelong disability, may require 24/7 care

Common Symptoms in Newton County Patients:

• Headaches, dizziness, nausea
• Memory loss, confusion
• Difficulty concentrating
• Mood changes, depression, anxiety
• Sleep disturbances
• Speech difficulties
• Personality changes

Long-Term Consequences:

• Permanent cognitive impairment
• Inability to work
• Need for ongoing care and supervision
• Increased risk of dementia and Alzheimer’s
• Depression and emotional disorders

Lifetime Care Costs: $85,000 to $3,000,000+ depending on severity

Spinal Cord Injury

What It Is:
Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

Type	Definition	Impact
Paraplegia	Loss of function below the waist	Cannot walk, may affect bladder/bowel control
Quadriplegia	Loss of function in all four limbs	Cannot walk or use arms, may need breathing assistance
Incomplete Injury	Some nerve function remains	Variable – may have some sensation or movement
Complete Injury	No nerve function below injury	Total loss of sensation and movement

Level of Injury Matters in Newton County:

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

Lifetime Care Costs:

• 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

Types of Amputation in Trucking Accidents:

• Traumatic Amputation: Limb severed at the scene due to crash forces
• Surgical Amputation: Limb so severely damaged it must be surgically removed

Common in Newton County 18-Wheeler Accidents Due To:

• Crushing forces from truck impact
• Entrapment requiring amputation for extraction
• Severe burns requiring surgical removal
• Infections from open wounds

Ongoing Medical Needs:

• Initial surgery and hospitalization
• Prosthetic limbs ($5,000 – $50,000+ per prosthetic)
• Replacement prosthetics throughout lifetime
• Physical therapy and rehabilitation
• Occupational therapy for daily living skills
• Psychological counseling

Impact on Life in Newton County:

• Permanent disability
• Career limitations or total disability
• Phantom limb pain
• Body image and psychological trauma
• Need for home modifications
• Dependency on others for daily activities

Severe Burns

How Burns Occur in Newton County Trucking Accidents:

• Fuel tank rupture and fire
• Hazmat cargo spills and ignition
• Electrical fires from battery/wiring damage
• Friction burns from road contact
• Chemical burns from hazmat exposure

Burn Classification:

Degree	Depth	Treatment
First	Epidermis only	Minor, heals without scarring
Second	Epidermis and dermis	May scar, may need grafting
Third	Full thickness	Requires skin grafts, permanent scarring
Fourth	Through skin to muscle/bone	Multiple surgeries, amputation may be required

Long-Term Consequences for Newton County Patients:

• Permanent scarring and disfigurement
• Multiple reconstructive surgeries
• Skin graft procedures
• Chronic pain
• Infection risks
• Psychological trauma

Internal Organ Damage

Common Internal Injuries in Newton County Trucking Accidents:

• Liver laceration or rupture
• Spleen damage requiring removal
• Kidney damage
• Lung contusion or collapse (pneumothorax)
• Internal bleeding (hemorrhage)
• Bowel and intestinal damage

Why Dangerous:

• May not show immediate symptoms
• Internal bleeding can be life-threatening
• Requires emergency surgery
• Organ removal affects long-term health

Wrongful Death

When a Trucking Accident Kills in Newton County:

Wrongful death claims allow surviving family members to recover compensation when a loved one is killed by another’s negligence.

Who Can Bring a Wrongful Death Claim in Texas:

• Surviving spouse
• Children (minor and adult)
• Parents (especially if no spouse or children)
• Estate representative

Types of Claims:

• Wrongful Death Action: Compensation for survivors’ losses
• Survival Action: Compensation for decedent’s pain/suffering before death

Damages Available Under Texas Law:

• Lost income and employment benefits (past and future projected)
• Loss of consortium (spousal companionship and relationship)
• Loss of parental guidance and nurturing (for surviving children)
• Mental anguish and emotional distress (for surviving family)
• Funeral and burial expenses
• Medical expenses incurred prior to death
• Pain and suffering experienced by decedent before death
• Punitive damages (in cases of gross negligence, recklessness, or malice)

Texas Statute of Limitations: 2 years from date of death to file wrongful death lawsuit

Commercial Truck Insurance: The Financial Backing for Your Recovery

Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies.

FMCSA Minimum Insurance Requirements

Cargo Type	Minimum Coverage
Non-Hazardous Freight (10,001+ lbs GVWR)	$750,000
Oil/Petroleum (10,001+ lbs GVWR)	$1,000,000
Large Equipment (10,001+ lbs GVWR)	$1,000,000
Hazardous Materials (All)	$5,000,000
Passengers (16+ passengers)	$5,000,000
Passengers (15 or fewer)	$1,500,000

Why This Matters For Your Newton County Case:

Unlike car accidents where insurance may be limited to $30,000-$100,000, trucking accidents typically have at least $750,000 available – and often much more. Many carriers carry $1-5 million in coverage.

This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.

Types of Damages Recoverable in Newton County Trucking Cases

Economic Damages (Calculable Losses)

Category	What’s Included
Medical Expenses	Past, present, and future medical costs
Lost Wages	Income lost due to injury and recovery
Lost Earning Capacity	Reduction in future earning ability
Property Damage	Vehicle repair or replacement
Out-of-Pocket Expenses	Transportation to medical appointments, home modifications
Life Care Costs	Ongoing care for catastrophic injuries

Non-Economic Damages (Quality of Life)

Category	What’s Included
Pain and Suffering	Physical pain from injuries
Mental Anguish	Psychological trauma, anxiety, depression
Loss of Enjoyment	Inability to participate in activities
Disfigurement	Scarring, visible injuries
Loss of Consortium	Impact on marriage/family relationships
Physical Impairment	Reduced physical capabilities

Punitive Damages (Punishment for Gross Negligence)

Punitive damages may be available when the trucking company or driver acted with:

• Gross negligence
• Willful misconduct
• Conscious indifference to safety
• Fraud (falsifying logs, destroying evidence)

Texas Punitive Damages Cap:
Greater of (2x economic + non-economic capped at $750,000) OR $200,000

Nuclear Verdicts: When Juries Hold Trucking Companies Fully Accountable

RECENT MAJOR TRUCKING VERDICTS (2024-2025):

Amount	Year	Location	Case Details
$462 Million	2024	St. Louis, MO	Wabash National – two fatalities from underride collision
$160 Million	2024	Alabama	Daimler – quadriplegic injury from rollover
$141.5 Million	2024	Florida	Defunct carrier crash
$90 Million	—	Houston, TX	Truck driver burned in explosion
$37.5 Million	2024	Texas	Trucking verdict
$35.5 Million	—	Texas	Family injured in truck accident
$35 Million	2025	Fort Worth, TX	Largest in Tarrant County

HISTORIC LANDMARK VERDICTS:

Amount	Year	Case Details
$1 BILLION	2021	Florida – 18-year-old killed, negligent hiring. $100M compensatory + $900M punitive
$411 Million	2020	Florida – 45-vehicle pileup, motorcyclist severely injured

Why Nuclear Verdicts Happen in Texas Courts:

Juries award massive verdicts when they find:

• Trucking company knowingly hired dangerous drivers
• Company ignored safety violations for profit
• Evidence was destroyed (spoliation)
• Falsified hours-of-service logs
• Pattern of similar violations
• Corporate culture prioritizing profit over safety
• Egregious disregard for human life

What This Means for Your Newton County Case:

These verdicts show what’s possible when trucking companies are held fully accountable. Insurance companies know juries are willing to award massive damages – which strengthens settlement negotiations for all trucking accident victims.

The Attorney911 Difference: Why Choose Us for Your Newton County Trucking Case

1. Ralph Manginello’s 25+ Years of Experience

Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. He has:

• Recovered multi-million dollar settlements and verdicts
• Federal court admission to the U.S. District Court, Southern District of Texas
• Experience in BP explosion litigation against multinational corporations
• Deep familiarity with Newton County trucking corridors and accident patterns

2. Insider Knowledge of Insurance Company Tactics

Our firm includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows:

• How insurance companies value claims
• How adjusters are trained to minimize payouts
• What makes them settle
• How they deny claims
• The claims valuation software they use (Colossus, etc.)

This insider knowledge gives us an unfair advantage against the trucking company’s insurance team.

3. Immediate Evidence Preservation

We don’t wait. Within 24-48 hours of being retained, we:

• Send formal spoliation letters to all potentially liable parties
• Demand immediate download of ECM and ELD data
• Subpoena cell phone records
• Obtain police crash reports
• Canvass the accident scene for surveillance footage
• Photograph all damage before vehicles are repaired or scrapped
• Interview witnesses before memories fade
• Hire accident reconstruction experts

4. Federal Court Experience

Many trucking cases involve interstate commerce and federal regulations, making them eligible for federal court. Our federal court admission means we can handle these complex cases that many local attorneys cannot.

5. Multi-Million Dollar Results

We’ve recovered millions for trucking accident victims, including:

• $5+ Million – Logging Brain Injury Settlement
• $3.8+ Million – Car Accident Amputation Settlement
• $2.5+ Million – Truck Crash Recovery
• $2+ Million – Maritime Back Injury Settlement
• Millions recovered for families in trucking-related wrongful death cases

6. Newton County Knowledge

We know:

• The Newton County courthouse and judges
• Local trucking corridors and accident hotspots
• US-190 and I-10 traffic patterns
• Local trauma centers and medical providers
• Newton County’s specific jury pool and tendencies

7. Spanish Language Services

Newton County has a significant Hispanic population, including many Spanish-speaking truck drivers. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.

Hablamos Español. Llame al 1-888-ATTY-911.

8. Contingency Fee Representation

You pay nothing unless we win your case. We advance all costs of investigation and litigation. When we win, our fee comes from the recovery, not your pocket.

What to Do After an 18-Wheeler Accident in Newton County

Immediate Steps (First 24 Hours)

1. Call 911 – Report the accident and request police and EMS
2. Seek Medical Attention – Even if injuries seem minor, get checked out
3. Document the Scene – Take photos of:
   • All vehicle damage (inside and out)
   • The accident scene (road conditions, skid marks, debris)
   • Your injuries
   • Street signs and traffic signals
   • The truck’s DOT number and license plate
4. Get Driver and Witness Information – Collect:
   • Truck driver’s name, CDL number, contact info
   • Trucking company name and contact info
   • Witness names and phone numbers
5. Do NOT Give Recorded Statements – Insurance adjusters will call – politely decline and refer them to your attorney
6. Call Attorney911 – The sooner we’re involved, the better we can protect your rights

Next Steps (First Week)

1. Follow Up with Medical Treatment – Attend all follow-up appointments
2. Document Everything – Keep a journal of your pain levels, symptoms, and how injuries affect daily life
3. Preserve Evidence – Save all medical records, bills, and correspondence
4. Stay Off Social Media – Insurance companies will use your posts against you
5. Do NOT Sign Anything – Without consulting your attorney first
6. Attend All Medical Appointments – Gaps in treatment hurt your case

Long-Term Steps

1. Continue Medical Treatment – Until you reach maximum medical improvement
2. Follow Doctor’s Orders – Failure to do so can be used against you
3. Keep Your Attorney Informed – Of any changes in your condition
4. Be Patient – Complex trucking cases can take time to resolve
5. Focus on Recovery – Let us handle the legal battle

Newton County Trucking Corridors: Where Accidents Happen

Newton County’s position along major transportation routes creates unique trucking accident risks:

I-10: The Gulf Coast Freight Corridor

• Traffic: One of the busiest trucking corridors in the United States
• Newton County Section: From the Louisiana border to Beaumont
• Major Hazards:
  • High-speed truck traffic
  • Sudden slowdowns from congestion
  • Crosswinds affecting high-profile trailers
  • Fatigue from long hauls between Houston and Louisiana
  • Cargo securement issues with port-bound freight
  • Hurricane evacuation traffic

US-190: The Newton County Backbone

• Traffic: Primary east-west route through Newton County
• Major Hazards:
  • Rural sections with limited lighting
  • Sharp curves and elevation changes
  • Mix of local and through truck traffic
  • Timber and agricultural freight
  • Wildlife crossings
  • Limited truck parking and rest areas

US-96: The North-South Connector

• Traffic: Connects Newton County to Jasper and Beaumont
• Major Hazards:
  • Two-lane sections with limited passing zones
  • Heavy logging truck traffic
  • Poor road conditions in rural areas
  • Limited emergency services response times

Local Roads: Where Trucks Meet Communities

• FM 692, FM 1414, FM 1416: Rural farm-to-market roads with truck traffic
• Newton and Burkeville: Local streets with truck deliveries
• Industrial Areas: Loading docks and warehouse zones
• Major Hazards:
  • Wide turn accidents at intersections
  • Blind spot collisions in residential areas
  • Speeding in rural zones
  • Inadequate signage for truck routes

Why Newton County Juries Hold Trucking Companies Accountable

Newton County juries understand the importance of the trucking industry to the local economy, but they also recognize that trucking companies have a responsibility to operate safely. When companies cut corners, Newton County juries have shown they will hold them accountable.

Factors That Influence Newton County Juries:

1. Local Knowledge of Trucking Routes – Juries understand the challenges of Newton County’s roads
2. Experience with Truck Traffic – Many jurors drive these routes daily
3. Safety Awareness – Newton County residents value safety and responsibility
4. Fairness – Juries want to ensure victims are fairly compensated
5. Accountability – When companies act recklessly, juries want to send a message

The Attorney911 Process: How We Handle Your Newton County Trucking Case

Phase 1: Immediate Response (0-72 Hours)

• Accept your case and send preservation letters same day
• Deploy accident reconstruction expert to scene if needed
• Obtain police crash report
• Photograph your injuries with medical documentation
• Photograph all vehicles before they are repaired or scrapped
• Identify all potentially liable parties

Phase 2: Evidence Gathering (Days 1-30)

• Subpoena ECM/black box data downloads
• Request driver’s paper log books (backup documentation)
• Obtain complete Driver Qualification File from carrier
• Request all truck maintenance and inspection records
• Obtain carrier’s CSA safety scores and inspection history
• Order driver’s complete Motor Vehicle Record (MVR)
• Subpoena driver’s cell phone records
• Obtain dispatch records and delivery schedules

Phase 3: Expert Analysis

• Accident reconstruction specialist creates crash analysis
• Medical experts establish causation and future care needs
• Vocational experts calculate lost earning capacity
• Economic experts determine present value of all damages
• Life care planners develop comprehensive care plans for catastrophic injuries
• FMCSA regulation experts identify all violations

Phase 4: Litigation Strategy

• File lawsuit before statute of limitations expires (2 years in Texas)
• Pursue aggressive discovery against all potentially liable parties
• Depose truck driver, dispatcher, safety manager, maintenance personnel
• Build case for trial while negotiating settlement from position of strength
• Prepare every case as if going to trial (creates leverage in negotiations)

What Your Newton County Trucking Case Is Worth

Case values depend on many factors, but here are typical ranges for Texas trucking accidents:

Catastrophic Injuries

Injury Type	Settlement Range	Notes
Traumatic Brain Injury (Moderate to Severe)	$1,548,000 – $9,838,000+	Includes cognitive impairment, personality changes, long-term care
Spinal Cord Injury	$4,770,000 – $25,880,000+	Paralysis cases command highest settlements
Amputation	$1,945,000 – $8,630,000	Includes prosthetics, rehabilitation, loss of function
Wrongful Death	$1,910,000 – $9,520,000	Depends on decedent’s earning capacity, dependents

Serious Injuries

Injury Type	Settlement Range	Notes
Herniated Disc (Surgery Required)	$346,000 – $1,205,000	Multiple disc involvement increases value
Broken Bones (Surgery Required)	$132,000 – $328,000	Complex fractures, hardware installation
Internal Organ Damage	Varies significantly	Depends on organ, surgeries required, long-term impact

Moderate Injuries

Injury Type	Settlement Range	Notes
Soft Tissue Injuries	$15,000 – $60,000	Whiplash, sprains, strains
Moderate Back/Neck Injuries	$50,000 – $200,000	Non-surgical treatment cases
Scarring/Disfigurement	Varies by location/severity	Facial scarring commands higher values

Factors That Increase Case Value:

• Clear liability (trucking company at fault)
• Severe, permanent injuries
• High medical expenses
• Significant lost wages
• Pain and suffering
• Punitive damages potential
• Multiple liable parties
• High insurance coverage limits

Factors That Decrease Case Value:

• Shared fault (comparative negligence)
• Limited insurance coverage
• Minor injuries
• Short recovery period
• Pre-existing conditions
• Delay in seeking treatment

Frequently Asked Questions About Newton County Trucking Accidents

Immediate After-Accident Questions

1. What should I do immediately after an 18-wheeler accident in Newton County?

If you’ve been in a trucking accident in Newton County, take these steps immediately if you’re able:

• Call 911 and report the accident
• Seek medical attention, even if injuries seem minor
• Document the scene with photos and video if possible
• Get the trucking company name, DOT number, and driver information
• Collect witness contact information
• Do NOT give recorded statements to any insurance company
• Call an 18-wheeler accident attorney immediately at 1-888-ATTY-911

2. Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Newton County hospitals like Christus Jasper Memorial can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

3. What information should I collect at the truck accident scene in Newton County?

Document everything possible:

• Truck and trailer license plates
• DOT number (on truck door)
• Trucking company name and logo
• Driver’s name, CDL number, and contact info
• Photos of all vehicle damage
• Photos of the accident scene, road conditions, skid marks
• Photos of your injuries
• Witness names and phone numbers
• Responding officer’s name and badge number
• Weather and road conditions

4. Should I talk to the trucking company’s insurance adjuster?

NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.

5. How quickly should I contact an 18-wheeler accident attorney in Newton County?

IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

6. What is a spoliation letter and why is it important?

A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.

Trucking Company & Driver Questions

7. Who can I sue after an 18-wheeler accident in Newton County?

Multiple parties may be liable in trucking accidents:

• The truck driver
• The trucking company/motor carrier
• The cargo owner or shipper
• The company that loaded the cargo
• Truck or parts manufacturers
• Maintenance companies
• Freight brokers
• The truck owner (if different from carrier)
• Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

8. 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)

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

Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.

10. What is an owner-operator and does that affect my case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

11. How do I find out if the trucking company has a bad safety record?

FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:

• CSA (Compliance, Safety, Accountability) scores
• Inspection history and out-of-service rates
• Crash history
• Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

Evidence & Investigation Questions

12. What is a truck’s “black box” and how does it help my case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes but for trucks. This data can show:

• Speed before and during the crash
• Brake application timing
• Engine RPM and throttle position
• Whether cruise control was engaged
• GPS location

This objective data often contradicts what drivers claim happened.

13. 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.

14. 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.

15. What records should my attorney get from the trucking company?

We pursue:

• ECM/Black box data
• ELD records
• Driver Qualification File
• Maintenance records
• Inspection reports
• Dispatch logs
• Drug and alcohol test results
• Training records
• Cell phone records
• Insurance policies
• The physical truck and trailer

16. Can the trucking company destroy evidence?

Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:

• Instruct juries to assume destroyed evidence was unfavorable
• Impose monetary sanctions
• Enter default judgment in extreme cases
• Award punitive damages

FMCSA Regulations Questions

17. What are hours of service regulations and how do violations cause accidents?

FMCSA regulations limit how long truck drivers can operate:

• Maximum 11 hours driving after 10 hours off
• Cannot drive beyond 14th consecutive hour on duty
• 30-minute break required after 8 hours driving
• 60/70 hour weekly limits

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.

18. What FMCSA regulations are most commonly violated in accidents?

The top violations we find:

• Hours of service violations (driving too long)
• False log entries (lying about driving time)
• Brake system deficiencies
• Cargo securement failures
• Drug and alcohol violations
• Unqualified drivers (no valid CDL or medical certificate)
• Failure to inspect vehicles

19. What is a Driver Qualification File and why does it matter?

FMCSA requires trucking companies to maintain a file for every driver containing:

• Employment application
• Driving record check
• Previous employer verification
• Medical certification
• Drug test results
• Training documentation

Missing or incomplete files prove negligent hiring.

20. How do pre-trip inspections relate to my accident case?

Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.

Injury & Medical Questions

21. What injuries are common in 18-wheeler accidents in Newton County?

Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:

• Traumatic brain injury (TBI)
• Spinal cord injuries and paralysis
• Amputations
• Severe burns
• Internal organ damage
• Multiple fractures
• Wrongful death

22. How much are 18-wheeler accident cases worth in Newton County?

Case values depend on many factors:

• Severity of injuries
• Medical expenses (past and future)
• Lost income and earning capacity
• Pain and suffering
• Degree of defendant’s negligence
• Insurance coverage available

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.

23. What if my loved one was killed in a trucking accident in Newton County?

Newton County allows wrongful death claims by surviving family members. You may recover:

• Lost future income
• Loss of companionship and guidance
• Mental anguish
• Funeral expenses
• Punitive damages if gross negligence

Time limits apply – contact us immediately to protect your rights.

Legal Process Questions

24. How long do I have to file an 18-wheeler accident lawsuit in Newton County?

The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

25. How long do trucking accident cases take to resolve?

Timelines vary:

• Simple cases with clear liability: 6-12 months
• Complex cases with multiple parties: 1-3 years
• Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

26. Will my trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.

27. 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.

Insurance Questions

28. How much insurance do trucking companies carry?

Federal law requires minimum liability coverage:

• $750,000 for non-hazardous freight
• $1,000,000 for oil, large equipment
• $5,000,000 for hazardous materials

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

29. What if multiple insurance policies apply to my accident?

Trucking cases often involve multiple policies:

• Motor carrier’s liability policy
• Trailer interchange coverage
• Cargo insurance
• Owner-operator’s policy
• Excess/umbrella coverage

We identify all available coverage to maximize your recovery.

30. Will the trucking company’s insurance try to settle quickly?

Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.

Additional Questions

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

This can complicate liability, but both the owner-operator and the contracting company may still be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

32. How do cargo spills create liability?

Improperly secured cargo that falls from a truck or shifts during transport can cause accidents. The cargo owner, loading company, and trucking company may all share liability for:

• Improper cargo securement (49 CFR 393 violations)
• Unbalanced load distribution
• Exceeding vehicle weight ratings
• Failure to use proper blocking, bracing, or tiedowns

33. What if a tire blowout caused my accident?

Tire blowouts cause 11,000+ crashes yearly. The trucking company may be negligent for:

• 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
• Inadequate pre-trip tire inspections

34. How do brake failures get investigated?

Brake problems are a factor in approximately 29% of large truck crashes. We investigate:

• Worn brake pads or shoes not replaced
• Improper brake adjustments (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
• Deferred maintenance to save costs

35. What if the truck’s dashcam recorded the accident?

Dashcam footage is powerful evidence. Forward-facing cameras show the accident from the truck’s perspective. Some systems also record cab interior, showing driver behavior. We demand this footage immediately to preserve it before it’s deleted.

36. Can I get the truck’s GPS data?

Yes. GPS and telematics systems record real-time location, speed, and route history. This data can prove speeding, HOS violations, and other negligent behavior. We subpoena this data as part of our investigation.

37. What if the trucking company goes bankrupt?

Even if the trucking company goes bankrupt, their insurance policy should still provide coverage. We also pursue claims against other liable parties to ensure you can still recover compensation.

38. How are future medical expenses calculated?

Medical experts project future treatment needs based on:

• Current condition
• Expected recovery
• Likelihood of complications
• Need for ongoing care
• Life expectancy
• Cost of future medical procedures

Economic experts then calculate the present value of these future expenses.

39. What is loss of consortium?

Loss of consortium compensates family members for the loss of:

• Companionship
• Affection
• Intimacy
• Household services
• Parental guidance

This claim is available to spouses and, in some cases, children.

40. When are punitive damages available?

Punitive damages may be awarded when the trucking company or driver acted with:

• Gross negligence
• Willful misconduct
• Conscious indifference to safety
• Fraud (falsifying logs, destroying evidence)

41. How do product defects (brakes, tires) create liability?

If a defective part contributed to the accident, the manufacturer may be liable for:

• Design defects
• Manufacturing defects
• Failure to warn of known dangers

We preserve failed components and work with experts to prove defects.

42. What if road conditions contributed to my accident?

Government entities may be liable for:

• Dangerous road design
• Failure to maintain roads
• Inadequate signage
• Failure to install safety barriers

However, sovereign immunity limits government liability, and strict notice requirements apply.

43. Can I sue for PTSD after a trucking accident?

Yes. PTSD (Post-Traumatic Stress Disorder) compensation is available for victims who experience:

• Flashbacks
• Severe anxiety
• Depression
• Sleep disturbances
• Avoidance behaviors

Documentation from doctors and mental health professionals is required.

44. What if I was partially at fault for the accident?

Texas follows modified comparative negligence rules. You can recover compensation as long as you’re not more than 50% at fault. Your recovery will be reduced by your percentage of fault. For example, if you’re 20% at fault, you recover 80% of damages.

45. How do you prove the driver was fatigued?

We use multiple sources of evidence:

• ELD data showing hours of service violations
• Dispatch records showing schedule pressure
• Cell phone records showing late-night activity
• Witness statements about driver behavior
• Video evidence of erratic driving
• Medical records showing sleep disorders

46. What is the FMCSA and how does it help my case?

The Federal Motor Carrier Safety Administration regulates the trucking industry. FMCSA regulations establish safety standards for:

• Driver qualifications
• Hours of service
• Vehicle maintenance
• Cargo securement
• Drug and alcohol testing

Proving violations of these regulations is often key to establishing negligence.

47. Can I access the trucking company’s safety record?

Yes. FMCSA maintains public safety records at safer.fmcsa.dot.gov. We obtain:

• CSA scores
• Inspection history
• Crash history
• Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

48. What experts do you use in trucking cases?

We retain:

• Accident reconstruction specialists
• Trucking industry experts
• Medical experts
• Vocational experts
• Economic experts
• Life care planners
• FMCSA regulation experts
• Product liability experts (for defective parts)

49. How are wrongful death damages calculated?

Wrongful death damages include:

• Lost future income (based on decedent’s earning capacity)
• Loss of consortium (companionship, guidance)
• Mental anguish
• Funeral expenses
• Medical expenses before death
• Pain and suffering of decedent before death
• Punitive damages (in gross negligence cases)

50. What happens if there’s not enough insurance?

If the at-fault party’s insurance is insufficient, we pursue:

• Your own uninsured/underinsured motorist coverage
• Other liable parties
• Personal assets of the at-fault parties
• Bad faith insurance claims

The Trucking Company’s Playbook: How They Try to Deny Your Claim

Trucking companies and their insurers have a playbook of tactics to minimize or deny your claim. We know their strategies because our team includes a former insurance defense attorney.

Common Insurance Company Tactics & Our Counter-Strategies

Insurance Company Tactic	Attorney911 Counter-Strategy
Quick Lowball Settlement Offers	NEVER accept early offers; calculate full future damages first
Denying or Minimizing Injuries	Obtain comprehensive medical documentation and expert testimony
Blaming the Victim (Comparative Fault)	Investigate fully; gather evidence disproving fault allegations
Delaying the Claims Process	File lawsuit to force discovery; set depositions
Using Recorded Statements Against Victims	Advise clients NEVER give statements without attorney present
“Pre-Existing Condition” Defense	Apply Texas “Eggshell Skull” doctrine (take plaintiff as found)
“Gap in Treatment” Attacks	Document all treatment; explain gaps with medical records
Sending Surveillance Investigators	Advise clients on appropriate conduct; expose unfair surveillance
Hiring “Independent” Medical Examiners	Counter with client’s treating physicians and independent experts
Drowning Plaintiff in Paperwork	Aggressive litigation and motion practice to force resolution

The Insurance Adjuster’s Script: What They’ll Say and How to Respond

Adjuster: “We just need a quick statement to process your claim.”
Response: “I’m represented by Attorney911. Please direct all communications to my attorney at 1-888-ATTY-911.”

Adjuster: “You don’t need a lawyer. We can handle this fairly.”
Response: “I understand you want to handle this directly, but I’ve been advised to have legal representation to protect my rights.”

Adjuster: “Your injuries don’t seem that serious. Why are you still treating?”
Response: “My doctor has advised continued treatment. I’ll provide updated medical records as requested.”

Adjuster: “We believe you’re partially at fault for the accident.”
Response: “I disagree. The evidence will show the truck driver was at fault. My attorney will be providing that evidence.”

Adjuster: “This is our final offer. Take it or leave it.”
Response: “I’ll discuss this with my attorney and get back to you.”

Adjuster: “If you hire a lawyer, we’ll have to go to court and it will take years.”
Response: “I understand. I’m prepared to pursue all legal options to get fair compensation.”

Newton County Trucking Accident Case Studies

While we can’t discuss specific Attorney911 cases due to confidentiality, here are examples of how we approach different types of Newton County trucking accidents:

Case Study 1: The I-10 Jackknife Pileup

Scenario: A truck driver traveling eastbound on I-10 near the Newton County line brakes suddenly to avoid congestion. The trailer swings out, jackknifing across three lanes. Multiple vehicles collide with the trailer, causing catastrophic injuries.

Our Investigation:

• Obtained ECM data