Fatal 18-Wheeler and Tractor-Trailer Crashes in Pearland, Texas: What Families Need to Know
You’re reading this because someone you love didn’t come home from Pearland’s roads. Maybe it was the morning commute along Highway 288 when a fully loaded tractor-trailer crossed the median. Maybe it was the afternoon school run when an 18-wheeler failed to stop at the FM 518 intersection. Maybe it was the late-night drive home from work when a semi-truck jackknifed across the Sam Houston Tollway. Whatever the details, the crash changed everything for your family in ways no one should have to face.
Texas Civil Practice and Remedies Code §16.003 started a clock the day of the wreck. You have exactly two years from the date of the fatal injury to file a wrongful death action under §71.001. That clock doesn’t stop for grief, for funeral arrangements, for medical bills, or for the carrier’s insurance adjuster to return your calls. Once it runs, the case dies procedurally—and the carrier walks away from a claim that might have been worth millions.
We’ve represented Pearland families in these exact cases since 1998. Ralph Manginello has stood in Harris County courtrooms fighting for wrongful death claims under §71.004, where surviving spouses, children, and parents each hold independent statutory claims. Lupe Peña, our former insurance defense attorney, knows how carriers calculate these cases—and how to push past the algorithm’s ceiling. We don’t just sue drivers. We sue the trucking companies, the brokers, the shippers, and the corporate parents who put unsafe drivers on Pearland’s roads.
The Reality of a Fatal 18-Wheeler Crash on Pearland’s Roads
Pearland sits at the crossroads of Texas’s freight network. Interstate 45 carries northbound traffic from Galveston to Houston, while Highway 288 connects the Texas Medical Center to the Gulf Coast. The Sam Houston Tollway loops around the city, carrying every category of commercial vehicle—long-haul interstate freight, last-mile Amazon and FedEx delivery vans, Sysco foodservice trucks, oilfield water haulers, and the chemical tankers running between the Houston Ship Channel and Texas City refineries.
When an 80,000-pound tractor-trailer crashes on these corridors, the physics leave no room for error. A rear-end collision at highway speed generates forces equivalent to a passenger vehicle hitting a concrete wall at 60 mph. Underride crashes—where a car slides beneath the trailer—can decapitate occupants before airbags even deploy. Rollovers with high-center-of-gravity loads (like tankers or auto haulers) crush vehicles beneath tons of shifting cargo.
The Texas Department of Transportation’s Crash Records Information System (CRIS) recorded 4,150 traffic fatalities in Texas in 2024—one death every 2 hours and 7 minutes. Harris County alone accounted for 546 of those deaths, many involving commercial vehicles. On Pearland’s section of Highway 288, where stop-and-go congestion during the Texas Medical Center commute routinely backs up traffic between the Beltway 8 interchange and FM 518, rear-end collisions and T-bone crashes are daily events. Failed to Control Speed—the leading crash factor in Texas with 131,978 crashes in 2024—hits particularly hard here because of the corridor’s design.
What Texas Wrongful Death and Survival Statutes Give Your Family
Texas law gives surviving families two separate claims after a fatal 18-wheeler crash:
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Wrongful Death Claim (§71.004) – This claim belongs to the surviving spouse, children, and parents of the deceased. Each holds an independent statutory right to compensation for:
- Pecuniary loss (financial support the deceased would have provided)
- Loss of companionship and society
- Mental anguish
- Loss of inheritance
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Survival Action (§71.021) – This claim belongs to the estate of the deceased and covers:
- Pain and suffering the deceased endured between injury and death
- Medical expenses incurred before death
- Funeral and burial expenses
These are not one claim. They are multiple statutory tracks that must be filed within the two-year window of §16.003 or they die procedurally. A multi-fatality family crash in Pearland isn’t one case—it’s a coordinated set of claims that must be filed in Harris County District Court (or the appropriate county if the crash occurred elsewhere in Brazoria County).
We’ve recovered multi-million dollar settlements for families in cases exactly like these:
- “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company” (Every case is unique. Past results do not guarantee future outcomes.)
- “In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions” (Every case is unique. Past results do not guarantee future outcomes.)
The Federal Regulations the Carrier Is Supposed to Follow
Every commercial truck operating in Pearland falls under the Federal Motor Carrier Safety Regulations (FMCSR). These rules govern everything from driver qualifications to vehicle maintenance. When carriers violate these regulations, Texas law treats the violation as negligence per se—meaning the jury can find the carrier automatically liable if the violation caused the crash.
Key regulations that frequently apply in Pearland fatal crashes:
| Regulation | What It Requires | Common Violations in Pearland Cases |
|---|---|---|
| 49 C.F.R. §391.23 | Driver qualification file, including background checks, medical certification, and road test | Hiring drivers with prior preventable crashes or falsified medical certificates |
| 49 C.F.R. §395.3 | Hours of Service (HOS) limits: 11 hours driving/14 hours on duty after 10 consecutive hours off | Drivers exceeding limits due to dispatch pressure; falsified electronic logs |
| 49 C.F.R. §396.13 | Pre-trip vehicle inspection | Skipping inspections to meet delivery deadlines; ignoring brake or tire defects |
| 49 C.F.R. §392.9 | Cargo securement | Improperly secured loads shifting during transit (common in auto haulers and flatbeds) |
| 49 C.F.R. §382.303 | Post-accident drug and alcohol testing | Failure to test after fatal crashes; positive results indicating impairment |
Lupe Peña worked for years at a national insurance defense firm, where he calculated claim valuations and hired independent medical examiners. He knows how carriers manipulate these records. “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the ten minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”
The Investigation We Begin Within 48 Hours
Evidence in commercial vehicle cases disappears fast. Here’s what we preserve immediately for every Pearland family:
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Preservation Letter – Sent to the carrier, broker, shipper, and any third-party telematics provider within 24 hours. The letter identifies:
- Electronic Control Module (ECM) data
- Electronic Logging Device (ELD) logs (required under 49 C.F.R. Part 395 Subpart B)
- Dashcam footage (driver-facing and forward-facing)
- Dispatch communications and routing records
- Qualcomm or PeopleNet telematics feed
- Maintenance records under 49 C.F.R. §396.3
- Driver qualification file under 49 C.F.R. §391.51
- Prior preventability determinations
- Post-accident drug and alcohol screens under 49 C.F.R. §382.303
- Any MCS-90 endorsement on the policy
We put the carrier on notice that spoliation—intentional destruction of evidence—will result in an adverse inference charge at trial.
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FMCSA Records Pull – Before discovery formally opens, we pull:
- The carrier’s Safety Measurement System (SMS) profile by USDOT number
- The driver’s Pre-Employment Screening Program (PSP) record
- The carrier’s Compliance, Safety, Accountability (CSA) scores across seven BASIC categories
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Accident Reconstruction – We deploy experts to:
- Download ECM and ELD data
- Analyze dashcam footage
- Reconstruct the crash sequence using physics-based modeling
- Document roadway conditions (pavement friction, sight distances, signage)
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Surveillance Footage Preservation – Pearland’s commercial corridors have dense surveillance coverage:
- Gas stations along Highway 288 and FM 518
- Retail centers at the Beltway 8 interchange
- Traffic cameras on the Sam Houston Tollway
- Ring doorbells in residential neighborhoods
Most systems auto-delete footage within 7–14 days. The Sam Houston Tollway’s electronic records can prove when and where the at-fault vehicle was traveling—but only if we request them before they’re purged.
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Medical Records and Life-Care Planning – For catastrophic injuries or wrongful death cases, we work with:
- Trauma specialists at Memorial Hermann–Texas Medical Center (the Level I trauma center serving Pearland)
- Neuropsychologists to document traumatic brain injuries
- Life-care planners to project future medical needs
- Vocational experts to calculate lost earning capacity
The Defendants Beyond the Driver
Most personal injury firms stop at the driver. We sue everyone whose negligence contributed to the crash. In a Pearland fatal 18-wheeler case, that typically includes:
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The Motor Carrier – Liable under respondeat superior for the driver’s negligence within the scope of employment. We also pursue direct negligence claims for:
- Negligent hiring (failure to properly vet the driver)
- Negligent training (failure to provide FMCSR-compliant training)
- Negligent supervision (ignoring prior preventable crashes)
- Negligent retention (keeping a dangerous driver employed)
- Negligent maintenance (failure to repair known defects)
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The Freight Broker – Under Miller v. C.H. Robinson Worldwide, Inc. (9th Cir. 2020) and its Texas progeny, brokers can be liable for negligent selection of unsafe carriers. We subpoena broker records to prove they dispatched loads to carriers with documented CSA BASIC failures.
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The Shipper – Where the shipper directed unsafe loading, scheduling, or routing, we sue for direct negligence. This is common in hazmat cases where shippers pressure carriers to meet unrealistic delivery deadlines.
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The Maintenance Contractor – If a third-party mechanic performed substandard repairs, we pursue them for negligent maintenance.
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The Parts Manufacturer – If a defective component (brakes, tires, steering, airbags) contributed to the crash, we sue the manufacturer under product liability law.
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The Government Entity – If road design, signage, or maintenance contributed to the crash, we sue under the Texas Tort Claims Act (Chapter 101). This requires filing a notice of claim within 6 months under §101.101.
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The Parent Corporation – Under alter-ego or single-business-enterprise theory, we pursue the corporate parent where the subsidiary is undercapitalized or lacks independent operations.
How Texas Pattern Jury Charges Submit Damages to a Jury
A Pearland jury won’t decide your case in the abstract. They’ll answer specific questions submitted under the Texas Pattern Jury Charges (PJC). We build every case around these questions:
- PJC 27.1 (General Negligence): Did the defendant’s failure to use ordinary care proximately cause the occurrence?
- PJC 27.2 (Negligence Per Se): Did the defendant violate [specific FMCSR regulation]? If so, was the violation a proximate cause of the occurrence?
- PJC 5.1 (Gross Negligence): Did the defendant act with malice or conscious indifference to the safety of others? (Required for exemplary damages under Chapter 41)
- Damages Questions: The jury will assign dollar amounts for:
- Past and future medical care
- Past and future lost earnings and earning capacity
- Past and future physical pain
- Past and future mental anguish
- Past and future physical impairment
- Past and future disfigurement
- Loss of consortium (for the spouse)
- Loss of companionship and society (for parents and children)
- Pecuniary loss (in wrongful death cases)
- Mental anguish (for wrongful death survivors)
- Loss of inheritance
- Exemplary damages (if gross negligence is proven)
For a Pearland family, these questions translate into real numbers. A 40-year-old breadwinner with a spinal cord injury might have:
- $5 million in future medical care (lifetime attendant care, wheelchairs, medications)
- $3 million in lost earning capacity (projected career earnings minus disability-adjusted value)
- $2 million for physical pain and mental anguish
- $1 million for physical impairment and disfigurement
Where gross negligence is proven—such as in DUI cases or when carriers ignore repeated safety violations—exemplary damages can reach into the tens of millions.
The Defense Playbook in Pearland Trucking Cases—and Our Answer
The carrier’s lawyers have a script. We’ve heard every line before we walk into the courtroom. Here’s what they’ll argue—and how we counter it:
| Defense Tactic | What They’ll Say | Our Counter |
|---|---|---|
| Quick Lowball Settlement | “We’ll settle this quickly for $X.” (Always a fraction of case value) | First offers are designed to be accepted before you know what your case is worth. We calculate full damages before responding. |
| Recorded Statement Trap | “We just need a quick recorded statement for our files.” | That statement will be used against you later. Never give a recorded statement without your attorney present. |
| Comparative Negligence | “Your loved one was partially at fault—they were speeding/changing lanes.” | Texas follows modified comparative negligence under Chapter 33. Even at 50% fault, you recover. We develop evidence that pushes fault back where it belongs. |
| Pre-Existing Conditions | “Your loved one had back problems before this accident.” | The eggshell skull doctrine: the defendant takes the plaintiff as they find them. If a pre-existing condition was worsened by the crash, the defendant is liable for the aggravation. |
| Delayed Treatment Defense | “You didn’t see a doctor for three weeks—so you must not be seriously hurt.” | Adrenaline masks pain. TBI symptoms can take days or weeks to appear. We have the medical evidence to prove it. |
| Spoliation (Evidence Destruction) | “The ELD data was overwritten.” (They don’t announce this—they just do it.) | We file spoliation preservation letters within 24 hours of taking the case. Every black box record, ELD log, and maintenance file is locked down before they can “accidentally” delete it. |
| IME Doctor Selection | “We’ve selected an independent medical examiner to evaluate your injuries.” | Lupe Peña hired these doctors when he worked for insurance defense firms. He knows the panel. We counter with your treating physicians and independent experts the carrier can’t impeach. |
| Surveillance | Investigators photographing you doing anything “normal.” | Lupe’s insider quote applies: “Insurers take innocent activity out of context, freeze one frame, and ignore ten minutes of struggling before and after.” We expose this in deposition. |
| Delay Tactics | Dragging the case past the statute of limitations to force a low settlement. | We file lawsuit early to force discovery. We set depositions. We make the carrier carry the cost of delay. |
The Two-Year Clock Under §16.003
Texas Civil Practice and Remedies Code §16.003 gives you exactly two years from the date of the fatal injury to file a wrongful death action. That clock runs whether or not:
- The carrier’s insurer is returning your calls
- You’ve received the autopsy report
- The police report is finalized
- You feel “ready” to think about a lawsuit
Once the clock runs, the case is barred forever. You cannot extend it. You cannot waive it.
For a Pearland family, this means:
- If the crash happened on January 15, 2025, the deadline is January 15, 2027.
- If the crash happened on July 4, 2025, the deadline is July 4, 2027.
The carrier’s insurer knows this deadline better than most families do. Their strategy is built on counting on grief to run the clock.
How Attorney 911 Approaches Your Pearland Case
We’ve been representing Pearland families in fatal 18-wheeler cases since 1998. Here’s what we do differently:
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We Don’t Stop at the Driver
Most personal injury firms file the lawsuit against the driver and stop there. We file against:- The motor carrier (for respondeat superior and direct negligence)
- The freight broker (for negligent selection under Miller v. C.H. Robinson)
- The shipper (where unsafe loading or scheduling contributed)
- The maintenance contractor (for substandard repairs)
- The parts manufacturer (for defective components)
- The government entity (where road design or maintenance contributed)
- The corporate parent (under alter-ego theory)
Trucking companies count on plaintiffs’ counsel who stop at the driver. We start at the corporate parent and work down.
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We Pull Federal Data Before Discovery Opens
Within 48 hours of taking your case, we pull:- The carrier’s Safety Measurement System (SMS) profile
- The driver’s Pre-Employment Screening Program (PSP) record
- The carrier’s Compliance, Safety, Accountability (CSA) scores
- The carrier’s FMCSA inspection history
This data tells us what the carrier’s safety department already knows about the driver and the company. We use it to build the case before the defense files their answer.
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We File in the County the Carrier Wishes You Wouldn’t
Harris County District Court is the venue Texas commercial-vehicle defense lawyers fear the most. It has:- The deepest jury pool in the state
- The most experienced trucking-litigation bench
- A history of nine-figure verdicts in commercial-vehicle cases
We file in the county the carrier wishes you would file in a different one.
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We Build the Case for the Pattern Jury Charge Questions
A Pearland jury will decide your case by answering the specific questions submitted under the Texas Pattern Jury Charges. We build the case around those questions from the first investigator we send to the scene. -
We Prepare Every Case as if Going to Trial
Most trucking cases settle—but only when the carrier knows we’re prepared to try the case. We:- Depose the driver, dispatcher, safety manager, and maintenance personnel
- Retain accident reconstruction experts
- Develop life-care plans for catastrophic injuries
- Calculate present value of all damages with economic experts
This preparation creates negotiating strength. The carrier knows we’re ready for trial—and that changes their settlement posture.
What This Means for Your Family
The carrier that killed your loved one has lawyers who have been working since the night of the crash. The longer you wait, the more evidence they control—and the more of it disappears.
Here’s what happens when you call 1-888-ATTY-911:
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We Send the Preservation Letter – Within 24 hours, we lock down the ELD data, dashcam footage, maintenance records, and driver qualification file before the carrier can destroy it.
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We Pull the FMCSA Records – We obtain the carrier’s safety profile and the driver’s history before discovery formally opens.
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We Investigate the Crash – We deploy accident reconstruction experts, preserve surveillance footage, and document the scene before evidence degrades.
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We Identify All Liable Parties – We don’t stop at the driver. We sue the carrier, the broker, the shipper, and every other party whose negligence contributed to the crash.
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We Calculate Full Damages – We work with medical experts, life-care planners, and vocational experts to project the full value of your claim—including future medical needs you haven’t thought of yet.
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We File the Lawsuit – Before the two-year deadline expires, we file the wrongful death and survival actions in the appropriate Texas court.
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We Negotiate from Strength – We prepare every case as if going to trial. This gives us leverage to negotiate the maximum possible settlement.
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We Take It to Trial if Necessary – If the carrier refuses to offer fair compensation, we try the case to a Pearland jury.
For Spanish-Speaking Families in Pearland
Si su familia perdió a un ser querido en un accidente con un camión de carga en Pearland, el reloj legal ya está corriendo. La ley de Texas otorga dos años desde la fecha de la lesión fatal para presentar una demanda por homicidio culposo. Atendemos a las familias en español, desde la primera llamada hasta la última audiencia en el tribunal del condado donde se presente el caso.
Lo que el transportista quiere es que usted espere. Nosotros actuamos de inmediato para preservar la evidencia y proteger sus derechos.
What to Do Next
The evidence is disappearing right now. Here’s what you need to do:
- Call 1-888-ATTY-911 – We answer 24/7 with live staff (not an answering service).
- Schedule a Free Consultation – In 15 minutes, we’ll tell you exactly what your case may be worth.
- Let Us Handle Everything – We’ll send the preservation letter, pull the FMCSA records, and begin the investigation—all at no cost to you.
We work on a contingency fee basis: 33.33% pre-trial, 40% if we go to trial. You pay nothing upfront, and we only get paid when we win for you. You may still be responsible for court costs and case expenses.
Every day matters. Call 1-888-ATTY-911 now.
Testimonials from Pearland Families We’ve Helped
“Leonor was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his firm was ran.” — Brian Butchee
“When I felt I had no hope or direction, Leonor reached out to me… She took all the weight of my worries off my shoulders.” — Stephanie Hernandez
“Special thank you to my attorney, Mr. Peña, for your kindness and patience with my repeated questions.” — Chelsea Martinez
“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.” — Jacqueline Johnson
“You know if TraeAbn tells you it’s the right way to go, best attorney out here, you can’t go wrong.” — Erica Perales
Why Choose Attorney 911 for Your Pearland Case?
✅ 27+ Years of Experience – Ralph Manginello has been fighting for injury victims since 1998, with admission to the U.S. District Court, Southern District of Texas.
✅ Former Insurance Defense Attorney – Lupe Peña knows how carriers calculate claims—and how to push past their algorithm’s ceiling.
✅ Multi-Million Dollar Results – We’ve recovered over $50 million for clients across Texas.
✅ Federal Court Experience – We handle complex cases in federal court when necessary.
✅ BP Texas City Litigation Experience – We’re one of the few firms in Texas to be involved in BP explosion litigation.
✅ Three Office Locations – Houston (1177 W Loop S, Suite 1600), Austin (316 W 12th St, Suite 311), and Beaumont.
✅ 4.9-Star Google Rating – From 251+ reviews.
✅ Hablamos Español – Bilingual representation available.
✅ 24/7 Live Staff – Not an answering service. Call 1-888-ATTY-911 anytime.
Frequently Asked Questions
Q: How much is my Pearland wrongful death case worth?
A: The value depends on factors like:
- The carrier’s hours-of-service compliance
- The driver’s prior preventability determinations
- The maintenance file on the truck
- The speed and physical evidence at the scene
- Your loved one’s age, occupation, and earning capacity
- The jury pool in your county venue
We calculate the full value of your claim—including future medical needs and lost earning capacity—before we negotiate with the carrier.
Q: What if the truck driver was also killed?
A: The case becomes more complex, but you still have claims against:
- The motor carrier (for negligent hiring, training, or supervision)
- The freight broker (for negligent selection)
- The shipper (where unsafe loading or scheduling contributed)
- The maintenance contractor (for substandard repairs)
- The parts manufacturer (for defective components)
We also investigate whether the driver’s estate has a claim under Texas survival law.
Q: What if the crash happened outside Pearland but the driver was based here?
A: We can still pursue the case in Texas if:
- The carrier is based in Texas
- The driver was dispatched from a Texas terminal
- The crash occurred within the course and scope of employment
We’ll determine the best venue for your case based on the facts.
Q: How long will my case take?
A: Most trucking cases settle within 6–12 months. If the case goes to trial, it may take 12–24 months. We push for resolution as quickly as possible without sacrificing value.
Q: What if I don’t have money to pay for a lawyer?
A: We work on a contingency fee basis: 33.33% pre-trial, 40% if we go to trial. You pay nothing upfront, and we only get paid when we win for you. You may still be responsible for court costs and case expenses.
Pearland’s Freight Corridors: Where Fatal 18-Wheeler Crashes Happen Most
Pearland sits at the intersection of some of Texas’s busiest freight corridors. These roads carry the highest commercial vehicle traffic—and the highest crash risk:
- Highway 288 – Connects Pearland to the Texas Medical Center and downtown Houston. Heavy commuter traffic mixes with commercial vehicles, creating conditions for rear-end and T-bone collisions.
- Interstate 45 – The primary route between Houston and Galveston. Fatal crashes frequently occur in the stretch between Pearland and League City.
- Sam Houston Tollway (Beltway 8) – Loops around Pearland, carrying long-haul freight, tankers, and last-mile delivery trucks. Jackknife crashes and rollovers are common.
- FM 518 – A major east-west route through Pearland, frequently used by oilfield service trucks and local delivery vehicles.
- Highway 35 (future I-69) – Connects Pearland to the Port of Houston and the Gulf Coast. Heavy truck traffic increases the risk of fatal crashes.
The Texas Department of Transportation’s Crash Records Information System (CRIS) shows that these corridors have some of the highest commercial-vehicle crash rates in Brazoria County.
The Bottom Line
If you’ve lost a loved one in a fatal 18-wheeler crash in Pearland, you don’t have to face this alone. The carrier’s insurer has a team working against you 24/7. You need a team working for you.
We know Pearland’s roads. We know the carriers that operate here. We know the Harris County court system. And we know how to build a case that forces the carrier to pay what your family deserves.
Call 1-888-ATTY-911 now for a free consultation. The evidence is disappearing. Every day matters.