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

You’re reading this because someone you love didn’t come home from a road most people in Plano drive every day without thinking about it. Maybe it was US-75 during the morning commute, President George Bush Turnpike (SH 190) near the corporate campuses, or Dallas North Tollway where delivery trucks and big rigs share lanes with rush-hour traffic. Maybe it was I-635 (LBJ Freeway), where stop-and-go congestion turns a moment’s distraction into a lifetime of grief. Or maybe it was a rural stretch of FM 544 or FM 2481, where an 80,000-pound tractor-trailer traveling at highway speed leaves no time for a passenger vehicle to react.

Wherever it happened in Collin County—whether in Plano, Frisco, McKinney, Allen, or Richardson—the crash that took your loved one was not an accident. It was a preventable tragedy caused by a commercial driver, a trucking company, or a chain of corporate decisions that prioritized deadlines over safety. And now, the clock is already running.

Under Texas Civil Practice and Remedies Code § 16.003, you have exactly two years from the date of the fatal injury to file a wrongful death lawsuit—not from the funeral, not from the autopsy report, not from the day the police report is finalized. The carrier responsible for the crash has lawyers who started working the case the night it happened. The longer you wait, the more evidence disappears—electronic logging device (ELD) data, dashcam footage, maintenance records, dispatch logs—all controlled by the carrier and all at risk of being overwritten, deleted, or “lost” before you even know to ask for it.

We don’t let that happen.

At Attorney 911, we’ve been representing families devastated by fatal commercial vehicle crashes across Texas since 1998. Our founder, Ralph Manginello, has 27+ years of federal court experience and has fought against some of the largest trucking corporations in the country. Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm—learning firsthand how carriers minimize claims, manipulate evidence, and pressure families into accepting lowball settlements before the full extent of their losses is known. Now, he uses that insider knowledge to fight for you.

This isn’t just another “truck accident” case. It’s a wrongful death claim under Texas Civil Practice and Remedies Code § 71.001, a survival action under § 71.021, and—if the carrier’s conduct was reckless or intentional—a gross negligence claim under Chapter 41 that could open the door to exemplary (punitive) damages. The carrier will try to shift blame, delay the process, and wear you down. We won’t let them.

Here’s what you need to know right now—before the evidence disappears, before the adjuster’s calls start, and before the two-year clock runs out.

The Reality of Fatal Big-Rig Crashes in Plano and Collin County

Plano isn’t just a suburb of Dallas—it’s a major freight hub in the heart of the Dallas-Fort Worth Metroplex, one of the most congested and high-risk commercial vehicle corridors in Texas. The North Texas region sees some of the highest volumes of truck traffic in the state, with I-35E, I-635, US-75, SH 121, and the President George Bush Turnpike (SH 190) serving as critical arteries for long-haul freight, last-mile delivery, and regional distribution.

The Corridors That Carry the Risk

Collin County’s roadways are designed for efficiency—not safety. The same highways that keep North Texas’s economy moving also create the conditions for catastrophic crashes:

• US-75 (Central Expressway) – A major north-south freight route connecting Dallas to Sherman, carrying everything from Amazon delivery vans to Sysco foodservice trucks to oilfield equipment haulers. The stretch between Plano and McKinney is particularly dangerous, with frequent rear-end collisions, lane-change crashes, and rollovers.
• I-635 (LBJ Freeway) – One of the most congested highways in Texas, where tractor-trailers, dump trucks, and intermodal freight mix with commuter traffic. The High Five Interchange (I-635 & US-75) is a notorious crash hotspot, with multi-vehicle pileups occurring multiple times per year.
• President George Bush Turnpike (SH 190) – A tollway designed to bypass Dallas traffic, but its high-speed limits (75 mph) and frequent lane shifts make it a high-risk zone for jackknife crashes, tire blowouts, and underride collisions.
• Dallas North Tollway – A major route for last-mile delivery trucks (FedEx, UPS, Amazon DSP) and corporate fleets (Toyota, Frito-Lay, Dr Pepper Snapple Group), where pedestrian strikes, rear-end collisions, and distracted driving crashes are common.
• FM 544 & FM 2481 (Rural Collin County) – Two-lane farm-to-market roads where oilfield service trucks, gravel haulers, and agricultural vehicles operate at high speeds with limited visibility. Rural crashes are 2.66 times more likely to be fatal than urban crashes due to longer EMS response times and limited trauma access.

The Carriers Operating in Plano

The trucking companies running through Plano and Collin County aren’t just local operators—they’re national and multinational corporations with deep pockets and aggressive legal teams. Some of the most common carriers involved in fatal crashes in the region include:

• Long-haul interstate carriers:

  • Werner Enterprises (one of the largest truckload carriers in the U.S., with a documented history of hours-of-service violations and nuclear verdicts)
  • J.B. Hunt Transport Services (major intermodal and dry van operator, frequently cited in FMCSA safety violations)
  • Schneider National (known for driver fatigue cases and maintenance failures)
  • Swift Transportation (Knight-Swift) (one of the most frequently sued trucking companies in Texas)
  • CRST International (frequent CSA BASIC violations, particularly in Unsafe Driving and Hours-of-Service Compliance)
  • Heartland Express (documented driver coercion and ELD manipulation cases)
  • Roehl Transport (multiple preventable crash determinations in Texas)

• Last-mile and e-commerce delivery fleets:

  • Amazon Logistics (DSP contractors) – Independent delivery service providers (DSPs) operating under Amazon’s brand, with a growing litigation pattern around employer-status disputes and negligent hiring claims.
  • FedEx Ground (Independent Service Providers – ISPs) – Contractors operating under FedEx’s brand, with documented safety violations and worker misclassification lawsuits.
  • UPS Freight – One of the largest less-than-truckload (LTL) carriers in the U.S., with a history of driver fatigue cases and maintenance-related crashes.
  • USPS (United States Postal Service) – Government-operated commercial vehicles subject to the Federal Tort Claims Act (FTCA), requiring specialized legal handling.

• Oilfield and industrial service trucks:

  • Halliburton (oilfield service giant, frequently involved in Permian Basin crash litigation)
  • Schlumberger (SLB) (major oilfield logistics provider, with documented CSA violations)
  • Patterson-UTI Energy (oilfield equipment hauler, involved in multiple fatal crashes in Texas)
  • Liberty Energy (formerly Liberty Oilfield Services) (frac sand and water hauler, with high crash rates in the Eagle Ford and Permian Basins)

• Food and beverage distribution:

  • Sysco Corporation (headquartered in Houston, operates one of the largest private fleets in the U.S., with multiple fatal crashes in Texas)
  • US Foods (major foodservice distributor, with documented safety violations)
  • HEB Grocery Company (Texas-based supermarket chain with a large private fleet)
  • Coca-Cola Southwest Beverages (beverage distribution fleet, involved in multiple rear-end collisions)

• Refuse and construction trucks:

  • Waste Management Inc. (largest waste hauler in the U.S., with documented rollover and blind-spot crashes)
  • Republic Services (second-largest waste hauler, involved in multiple fatal pedestrian strikes)
  • Vulcan Materials Company (largest U.S. producer of construction aggregates, with frequent dump truck crashes)
  • Martin Marietta Materials (major aggregate hauler, with documented brake failure cases)

• Government and municipal vehicles (Texas Tort Claims Act applies):

  • Texas Department of Transportation (TxDOT) maintenance trucks
  • Collin County Sheriff’s Office and municipal police departments
  • City of Plano, Frisco, McKinney, and Allen public works vehicles
  • DART (Dallas Area Rapid Transit) buses and paratransit vehicles

The Data Doesn’t Lie: Collin County’s Truck Crash Reality

According to the Texas Department of Transportation’s Crash Records Information System (CRIS), Collin County recorded 15,348 total crashes in 2024, with 67 fatal crashes resulting in 73 deaths. While not every fatal crash involves a commercial vehicle, large trucks (Class 7-8) are involved in a disproportionate share of fatal collisions due to their size, weight, and stopping distance.

Key statistics for Collin County and the broader Dallas-Fort Worth region:

• One person is killed in a Texas traffic crash every 2 hours and 7 minutes (TxDOT, 2024).
• Rural crashes are 2.66 times more likely to be fatal than urban crashes (NHTSA Fatality Analysis Reporting System – FARS).
• Interstate highways in Texas have the highest fatality rate per mile of any road class (TxDOT CRIS).
• Collin County’s fatal crash rate is higher than the state average when adjusted for population and vehicle miles traveled (VMT).
• The Dallas-Fort Worth Metroplex (including Collin County) has the highest number of fatal truck crashes in Texas, with Harris County (Houston) a close second (TxDOT CRIS).

The Most Common Causes of Fatal Truck Crashes in Plano

Fatal big-rig crashes don’t happen by accident. They happen because of corporate negligence, regulatory violations, and a trucking industry that prioritizes profit over safety. The most common causes we see in Plano and Collin County include:

1. Driver Fatigue & Hours-of-Service Violations (49 C.F.R. Part 395)

   • Federal law limits property-carrying commercial drivers to 11 hours of driving within a 14-hour duty window, after 10 consecutive hours off duty.
   • 70-hour limit over 8 consecutive days (resets after 34 consecutive hours off duty).
   • ELDs (Electronic Logging Devices) are required to track compliance, but drivers and carriers manipulate logs by:
     • Falsifying “off-duty” time while the truck is still moving.
     • Using multiple ELDs to bypass detection.
     • Pressuring drivers to exceed limits with threats of termination or reduced pay.
   • Fatigue-related crashes peak between 1 a.m. and 5 a.m., when the body’s circadian rhythm is at its lowest (NHTSA FARS).

2. Distracted Driving (49 C.F.R. § 392.80 & § 392.82)

   • Federal law prohibits commercial drivers from using handheld phones or texting while driving.
   • Distracted driving is a leading cause of rear-end collisions and lane-departure crashes in Plano.
   • Common distractions in truck cabs:
     • Dispatch communications (Qualcomm, PeopleNet, or carrier-specific apps).
     • Navigation systems (GPS devices, phone apps).
     • In-cab cameras (Netradyne, Lytx, or SmartDrive systems that require driver interaction).
     • Personal phone use (texting, social media, or calls).

3. Speeding & Failure to Control Speed (Texas Transportation Code § 545.351)

   • Speeding is the #1 contributing factor in Texas fatal crashes (TxDOT CRIS, 2024).
   • Trucks require significantly more stopping distance than passenger vehicles:
     • At 65 mph, an 18-wheeler needs 525 feet to stop—the length of 1.5 football fields.
     • A passenger car needs only 300 feet under the same conditions.
   • Speeding for conditions (rain, ice, fog, or heavy traffic) is a leading cause of jackknife crashes and rollovers.

4. Improper Maintenance & Brake Failures (49 C.F.R. Part 396)

   • Pre-trip inspections are required by law, but many carriers cut corners to save time and money.
   • Common maintenance failures in fatal crashes:
     • Brake system failures (worn brake pads, leaking air lines, improper adjustment).
     • Tire blowouts (underinflated tires, tread separation, or recapped tires on steer axles).
     • Lighting and visibility issues (burned-out headlights, taillights, or turn signals).
     • Coupling device failures (fifth-wheel or kingpin failures leading to trailer separation).
   • The FMCSA’s Vehicle Maintenance BASIC tracks carriers with repeated violations—we subpoena these records in every case.

5. Unqualified or Improperly Trained Drivers (49 C.F.R. Part 391)

   • Federal law requires commercial drivers to:
     • Hold a valid Commercial Driver’s License (CDL).
     • Pass a DOT physical exam and maintain a medical certificate.
     • Undergo pre-employment drug and alcohol screening.
     • Have no disqualifying offenses (DUI, drug convictions, or serious traffic violations).
   • Common violations we see in fatal crashes:
     • Drivers with suspended or revoked CDLs still operating commercial vehicles.
     • Drivers with falsified medical certificates (hiding conditions like sleep apnea or epilepsy).
     • Drivers with prior preventable crashes hired despite a documented history of negligence.
     • Drivers without proper hazmat endorsements hauling hazardous materials.

6. Negligent Hiring, Retention, and Supervision (Texas Common Law)

   • Trucking companies are liable for hiring, training, and retaining dangerous drivers.
   • We investigate:
     • The driver’s Pre-Employment Screening Program (PSP) report (FMCSA database showing crash and inspection history).
     • Prior employer references (were they actually called? Did the carrier ignore red flags?).
     • The driver’s Motor Vehicle Record (MVR) (were they hired despite a history of DUIs or reckless driving?).
     • The carrier’s internal safety policies (were they followed, or just for show?).
   • If a carrier hires a driver with a history of violations and that driver causes a fatal crash, the company is directly liable for negligent hiring.

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

   • Improperly secured loads can shift, fall, or cause rollovers.
   • Common violations in fatal crashes:
     • Overloaded trailers (exceeding federal weight limits).
     • Unbalanced loads (causing trailer sway or rollovers).
     • Inadequate tie-downs (straps, chains, or binders that fail).
     • Hazardous material spills (fuel, chemicals, or flammable cargo).
   • Flatbed and tanker trucks are at the highest risk for cargo-related crashes.

8. Alcohol and Drug Impairment (49 C.F.R. Part 382)

   • Commercial drivers are subject to strict drug and alcohol testing:
     • Pre-employment screening (before hiring).
     • Random testing (throughout employment).
     • Post-accident testing (after a fatal crash).
   • A positive drug or alcohol test after a fatal crash is a clear sign of gross negligence, opening the door to exemplary (punitive) damages under Texas Civil Practice and Remedies Code Chapter 41.
   • Common substances involved in fatal crashes:
     • Alcohol (DUI/DWI).
     • Marijuana (THC).
     • Amphetamines (used to combat fatigue).
     • Opioids (prescription painkillers).

9. Underride Crashes (49 C.F.R. § 393.86)

   • Underride crashes occur when a passenger vehicle slides beneath a tractor-trailer, often resulting in decapitation or catastrophic head injuries.
   • Federal law requires rear underride guards on most trailers, but:
     • Many guards are poorly maintained or improperly installed.
     • Side underride guards are not required (despite NTSB recommendations).
   • We investigate:
     • The guard’s installation and maintenance records.
     • Whether the guard met federal strength requirements.
     • Whether the trailer had side guards (if applicable).

10. Roadway Design and Government Negligence (Texas Tort Claims Act)

• Poor road design, missing guardrails, or inadequate signage can contribute to fatal crashes.
• Common government negligence claims in Plano and Collin County:
  • Missing or malfunctioning traffic signals (leading to T-bone collisions).
  • Inadequate lighting (contributing to nighttime pedestrian strikes).
  • Shoulder drop-offs (causing loss-of-control crashes).
  • Missing guardrails (leading to run-off-road fatalities).
• The Texas Tort Claims Act (Chapter 101) applies, meaning:
  • You must file a notice of claim within 6 months of the crash.
  • Damages are capped at $250,000 per person and $500,000 per occurrence (for municipalities).
  • Sovereign immunity must be waived (we handle this for you).

What Texas Law Provides for Surviving Families

When a loved one is killed in a commercial vehicle crash, Texas law provides two separate but related legal claims:

1. Wrongful Death Claim (Texas Civil Practice and Remedies Code § 71.001 et seq.)

   • Who can file? The surviving spouse, children, and parents of the deceased.
   • What damages are recoverable?
     • Pecuniary loss (financial support the deceased would have provided).
     • Loss of companionship and society (emotional support, guidance, and love).
     • Mental anguish (emotional pain and suffering of the survivors).
     • Loss of inheritance (what the deceased would have saved and left to heirs).
   • Each survivor has an independent claim—meaning a spouse, child, and parent can each recover separately.

2. Survival Action (Texas Civil Practice and Remedies Code § 71.021)

   • Who files? The estate of the deceased (through the executor or administrator).
   • What damages are recoverable?
     • Pain and suffering the deceased endured between injury and death.
     • Medical expenses incurred before death.
     • Funeral and burial expenses.
   • This claim belongs to the estate, not the individual survivors.

The Two-Year Statute of Limitations (Texas Civil Practice and Remedies Code § 16.003)

• You have exactly two years from the date of the fatal injury to file a wrongful death lawsuit.
• The clock starts the day of the crash—not the day of the funeral, not the day the autopsy report is finalized, not the day you feel ready to talk to a lawyer.
• If you miss the deadline, your case is barred forever. The carrier’s insurance company is not obligated to negotiate after the statute of limitations expires, no matter how clear the negligence.

Modified Comparative Negligence (Texas Civil Practice and Remedies Code Chapter 33)

• Texas follows a “51% bar” rule—meaning you can recover damages even if your loved one was partially at fault, as long as their fault was 50% or less.
• If your loved one was 51% or more at fault, you recover nothing.
• The carrier will try to shift blame—arguing that your loved one was speeding, not wearing a seatbelt, or made an unsafe lane change. We anticipate this defense and build evidence to push fault back where it belongs.

Exemplary (Punitive) Damages for Gross Negligence (Texas Civil Practice and Remedies Code Chapter 41)

• If the carrier’s conduct was reckless, intentional, or showed a conscious disregard for safety, you may be entitled to exemplary damages.
• Requirements for exemplary damages:
  • Clear and convincing evidence of gross negligence (more than ordinary negligence).
  • Objective evidence that the carrier knew of an extreme risk and proceeded anyway.
• Examples of gross negligence in trucking cases:
  • Falsifying logbooks to hide hours-of-service violations.
  • Hiring a driver with a history of DUIs or reckless driving.
  • Ignoring repeated maintenance failures that led to the crash.
  • Pressuring drivers to exceed speed limits or skip rest breaks.
  • Destroying or withholding evidence after the crash.
• Exemplary damages are not capped if the underlying act is a felony (e.g., Intoxication Manslaughter or Intoxication Assault).

The Stowers Doctrine: The Nuclear Option for Clear-Liability Cases

• If a plaintiff makes a settlement demand within the carrier’s policy limits and the insurer unreasonably refuses, the insurer becomes liable for the entire verdict—even if it exceeds policy limits.
• Requirements for a Stowers demand:
  • The claim must be within the scope of coverage.
  • The demand must be within policy limits.
  • The terms must be something an ordinarily prudent insurer would accept.
  • A full release must be offered.
• This is one of the most powerful tools in Texas personal injury law—and one that Lupe Peña understands from his years on the defense side.

What the Carrier’s Insurance Company Doesn’t Want You to Know

The adjuster who calls you after the crash is not your friend. Their job is to minimize the payout—not to make sure you’re fairly compensated. Here’s what they’re doing behind the scenes:

The 10 Defense Tactics They’ll Use Against You

The Colossus Algorithm: How They Calculate Your Offer

Most insurance companies use proprietary claim valuation software (like Colossus, Liability Decision Manager, or Claim IQ) to algorithmically value bodily injury claims. The software:

• Ingests medical codes, treatment duration, and injury type.
• Applies geographic and demographic modifiers (e.g., conservative counties = lower payouts).
• Outputs a settlement range that the adjuster works within.

Why Lupe Peña’s Background Matters:

• He worked inside this system for years.
• He knows which medical codes the software weights most heavily.
• He knows which treatment durations trigger value bumps.
• He knows how to push the Colossus value past the algorithm’s ceiling.

What This Means for Your Case:

• The adjuster is not negotiating against you—they’re negotiating against the software’s number.
• We develop evidence specifically to increase the algorithm’s valuation before negotiations begin.

The Corporate Fleet-Specific Defenses They’ll Use

What We Do in the First 48 Hours

Evidence in commercial vehicle cases has a half-life measured in days, not months. Here’s what we do immediately to protect your case:

1. Send the Preservation Letter

Within 24 hours of taking your case, we send a preservation letter to:

• The motor carrier.
• The broker (if applicable).
• The shipper (if applicable).
• Any third-party telematics provider (Qualcomm, PeopleNet, etc.).

The letter identifies:

• The electronic control module (ECM).
• The electronic logging device (ELD) under 49 C.F.R. Part 395 Subpart B.
• The dashcam footage (driver-facing and forward-facing).
• The dispatch communications and routing records.
• The Qualcomm or PeopleNet telematics feed.
• The maintenance and inspection records under 49 C.F.R. Part 396.
• The driver qualification file under 49 C.F.R. § 391.51.
• The prior preventability determinations.
• The post-accident drug and alcohol screen under 49 C.F.R. § 382.303.
• Any Form MCS-90 endorsement on the policy.

We put the carrier on notice that spoliation will be argued—and an adverse inference charge sought—if any of that disappears.

2. Pull the FMCSA Records

Before discovery formally opens, we pull:

• The driver’s Pre-Employment Screening Program (PSP) report (FMCSA database showing crash and inspection history).
• The carrier’s Safety Measurement System (SMS) profile by USDOT number.
• The carrier’s Compliance, Safety, Accountability (CSA) BASIC scores (Unsafe Driving, Hours-of-Service Compliance, Driver Fitness, Controlled Substances, Vehicle Maintenance, Hazardous Materials, Crash Indicator).
• The carrier’s FMCSA SAFER profile.

This tells us:

• How many crashes the carrier has been involved in.
• How many violations the carrier has accumulated.
• Whether the carrier has a pattern of ignoring safety regulations.

3. Deploy Accident Reconstruction

If needed, we send an accident reconstruction expert to the scene to:

• Document the crash site (skid marks, debris field, road conditions).
• Download the truck’s black box data (speed, braking, steering input).
• Analyze the ELD data for hours-of-service violations.
• Reconstruct the sequence of events leading to the crash.

4. Identify All Potentially Liable Parties

The driver is one defendant—but rarely the most exposed. We pursue:

• The motor carrier employer (respondeat superior and direct negligence).
• The freight broker (negligent selection under Miller v. C.H. Robinson).
• The shipper (if they directed unsafe loading or scheduling).
• The maintenance contractor (if they failed to properly inspect the truck).
• The parts manufacturer (if a defective component caused the crash).
• The road designer or TxDOT (if poor road design contributed).
• The municipality (if municipal infrastructure contributed).
• The insurer (direct action where applicable).
• The parent corporation (under alter-ego or single-business-enterprise theory).

5. Document the Victim’s Injuries and Damages

We work with:

• Treating physicians to document the full extent of injuries.
• Life-care planners to project future medical needs.
• Vocational experts to calculate lost earning capacity.
• Economic experts to determine the present value of all damages.

The Defendants We Sue in a Fatal Truck Crash Case

Most personal injury firms stop at the driver. We don’t. Here’s who we name in a fatal commercial vehicle crash in Plano:

1. The Commercial Driver

• Negligent driving (speeding, distraction, fatigue, impairment).
• Violations of Federal Motor Carrier Safety Regulations (FMCSR).

2. The Motor Carrier (Trucking Company)

• Respondeat superior (vicarious liability for the driver’s actions).
• Negligent hiring (hiring an unqualified or dangerous driver).
• Negligent training (failing to properly train the driver).
• Negligent supervision (failing to monitor the driver’s compliance with safety regulations).
• Negligent retention (keeping a driver with a history of violations).
• Negligent maintenance (failing to properly inspect and repair the truck).
• Negligent dispatch (pressuring drivers to exceed hours-of-service limits).

3. The Freight Broker

• Negligent selection (dispatching a load to a carrier with a documented safety record).
• Under Miller v. C.H. Robinson and its progeny, brokers can be liable for negligent selection of motor carriers.

4. The Shipper

• Negligent loading (if the shipper directed unsafe loading practices).
• Negligent scheduling (if the shipper pressured the carrier to meet unrealistic deadlines).

5. The Maintenance Contractor

• Negligent inspection (if the contractor failed to identify and repair safety defects).
• Negligent repairs (if the contractor performed substandard repairs that contributed to the crash).

6. The Parts Manufacturer

• Product liability (if a defective part—brakes, tires, steering, suspension—contributed to the crash).
• Failure to warn (if the manufacturer failed to provide adequate warnings about the part’s risks).

7. The Road Designer or TxDOT

• Premises liability (if poor road design, missing guardrails, or inadequate signage contributed to the crash).
• Under the Texas Tort Claims Act (Chapter 101), government entities can be liable for negligent road design or maintenance.

8. The Municipality

• Negligent traffic control (if malfunctioning traffic signals or inadequate lighting contributed to the crash).
• Under the Texas Tort Claims Act (Chapter 101), municipalities can be liable for negligent infrastructure.

9. The Parent Corporation

• Alter-ego liability (if the parent corporation exercises excessive control over the subsidiary).
• Single-business-enterprise doctrine (if multiple entities operate as a single business).

10. The Cargo Loader (If Applicable)

• Negligent loading (if improperly secured cargo contributed to the crash).
• Under 49 C.F.R. Part 177, cargo loaders can be liable for hazmat handling violations.

What Your Case Is Worth: Texas Damages Categories

Texas law recognizes multiple categories of damages in a wrongful death and survival action. Each category is calculated separately and submitted to the jury under the Texas Pattern Jury Charges (PJC).

1. Economic Damages (Past and Future)

2. Non-Economic Damages (Past and Future)

3. Exemplary (Punitive) Damages

• Awarded if the carrier’s conduct was grossly negligent or intentional.
• Not capped if the underlying act is a felony (e.g., Intoxication Manslaughter).
• Requires clear and convincing evidence of:
  • An objective extreme risk.
  • The carrier’s subjective awareness of the risk.
  • The carrier’s conscious disregard for safety.

How Damages Are Distributed in a Wrongful Death Case

Under Texas Civil Practice and Remedies Code § 71.004, the surviving spouse, children, and parents each have an independent wrongful death claim. This means:

• A surviving spouse can recover for loss of consortium, mental anguish, and pecuniary loss.
• Each surviving child can recover for loss of companionship and society, mental anguish, and pecuniary loss.
• Each surviving parent can recover for loss of companionship and society, mental anguish, and pecuniary loss.
• The estate can recover for pain and suffering, medical expenses, and funeral costs under the survival action (§ 71.021).

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

The carrier’s defense lawyers have a script. We’ve read it before. Here’s what they’ll argue—and how we counter it:

1. “The Driver Did Nothing Wrong.”

• Their argument: The driver was professional and followed all safety protocols.
• Our counter:
  • ELD data doesn’t lie. If the logs show compliance but the dashcam shows the driver at highway speed, we have a falsified log.
  • Maintenance records don’t lie. If the truck’s brakes failed, we prove negligent maintenance.
  • Prior violations don’t lie. If the driver had a history of preventable crashes, we prove negligent hiring.

2. “The Crash Was Unavoidable.”

• Their argument: The crash was caused by weather, road conditions, or an unforeseeable event.
• Our counter:
  • Federal regulations require drivers to adjust for conditions (49 C.F.R. § 392.14).
  • If the driver was speeding for conditions, they violated the law.
  • If the carrier failed to train the driver for adverse conditions, they’re liable for negligent training.

3. “The Deceased Was Partially at Fault.”

• Their argument: Your loved one was speeding, not wearing a seatbelt, or made an unsafe lane change.
• Our counter:
  • Texas follows modified comparative negligence—you can recover even if your loved one was 50% at fault.
  • The carrier has a superior duty of care under federal regulations.
  • We build evidence to push fault back where it belongs.

4. “The Injuries Aren’t as Serious as You Claim.”

• Their argument: The medical bills are inflated, or the injuries aren’t permanent.
• Our counter:
  • We work with treating physicians and independent experts to document the full extent of injuries.
  • We use life-care planners to project future medical needs.
  • We expose the carrier’s IME doctors as biased.

5. “The Settlement Offer Is Fair.”

• Their argument: The offer reflects the full value of the case.
• Our counter:
  • First offers are always low. The adjuster’s job is to minimize the payout.
  • We calculate the full value of your case—including future medical needs, lost earning capacity, and non-economic damages.
  • We don’t negotiate against the adjuster—we negotiate against the jury verdict potential.

6. “The Case Will Take Too Long.”

• Their argument: Litigation will drag on for years, and you’ll be better off accepting a quick settlement.
• Our counter:
  • We push for resolution as fast as possible without sacrificing value.
  • Many trucking cases settle within 6–12 months.
  • Delay tactics benefit the carrier—not you.

What Happens If You Don’t Act Now?

The carrier is counting on you to wait. Here’s what happens if you do:

1. Evidence Disappears

2. Witnesses Forget

• Memory fades quickly. Witnesses may forget critical details within weeks.
• We interview witnesses immediately to preserve their testimony.

3. The Statute of Limitations Runs Out

• You have two years from the date of the fatal injury to file a lawsuit.
• If you miss the deadline, your case is barred forever.
• We file early to protect your rights and force the carrier to preserve evidence.

Why Choose Attorney 911 for Your Plano Truck Crash Case?

Most personal injury firms don’t understand trucking cases. They treat them like car accidents. We don’t. Here’s what sets us apart:

1. We Know the Federal Regulations Cold

• 49 C.F.R. Parts 382, 391, 392, 395, 396—we cite them by section in every case.
• We subpoena ELD data, black box downloads, and maintenance records—most firms don’t even know these exist.
• We pull the carrier’s SMS profile and CSA BASIC scores before discovery formally opens.

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

• Lupe Peña worked for a national insurance defense firm—learning firsthand how carriers minimize claims.
• He knows their tactics because he used them for years.
• Now, he uses that insider knowledge to fight for you.

Lupe’s Insider Quote:
“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.”

3. We Sue Trucking Companies, Not Just Drivers

• Most firms stop at the driver. We don’t.
• We pursue every liable party:
  • The motor carrier.
  • The freight broker.
  • The shipper.
  • The maintenance contractor.
  • The parts manufacturer.
  • The parent corporation.
  • The government entity (if applicable).

4. We Have a Track Record of Multi-Million Dollar Results

While every case is unique and past results do not guarantee future outcomes, we have recovered millions for families devastated by truck crashes, including:

• $5+ million for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company.
• $3.8+ million for a client whose leg was injured in a car accident, leading to a partial amputation due to staff infections during treatment.
• $2+ million for a maritime client who injured his back while lifting cargo on a ship—we proved he should have been assisted in this duty.
• Millions more in trucking, wrongful death, and catastrophic injury cases.

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

• The 2005 BP Texas City Refinery explosion killed 15 workers and injured 180+.
• We were one of the few firms in Texas involved in the litigation—fighting against one of the largest corporations in the world.

6. We Have a 4.9-Star Google Rating from 251+ Reviews

Here’s what our clients say about us:

“Melanie 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. Pena, 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

7. We Offer Free Consultations—With No Obligation

• Call 1-888-ATTY-911 (1-888-288-9911) for a free case evaluation.
• We’ll tell you exactly what your case may be worth—with no obligation.
• If we take your case, you pay nothing upfront. We work on a contingency fee basis—meaning we only get paid if we win for you.

8. We’re Available 24/7—With Live Staff, Not an Answering Service

• You’ll speak to a real person—not a machine.
• We’re here when you need us, day or night.

9. Hablamos Español

• Lupe Peña is fluent in Spanish.
• We have bilingual staff members—no interpreters needed.
• Su estatus migratorio no importa. Usted tiene derechos.

Frequently Asked Questions About Fatal Truck Crashes in Plano

1. How long do I have to file a wrongful death lawsuit after a fatal truck crash in Texas?

• You have two years from the date of the fatal injury under Texas Civil Practice and Remedies Code § 16.003.
• The clock starts the day of the crash—not the day of the funeral or the autopsy report.
• If you miss the deadline, your case is barred forever.

2. Who can file a wrongful death lawsuit in Texas?

• The surviving spouse, children, and parents of the deceased can each file an independent wrongful death claim under § 71.004.
• The estate of the deceased can file a survival action under § 71.021 for the pain and suffering the deceased endured before death.

3. What damages can I recover in a wrongful death lawsuit?

You can recover:

• Economic damages: Medical expenses, funeral costs, lost earning capacity, loss of household services, loss of inheritance.
• Non-economic damages: Physical pain and suffering (of the deceased), mental anguish (of the survivors), loss of companionship and society, loss of consortium (for spouse), physical impairment, disfigurement.
• Exemplary (punitive) damages: If the carrier’s conduct was grossly negligent or intentional.

4. How much is my wrongful death case worth?

• It depends on the facts of your case, including:
  • 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.
  • The survivor’s medical record and future care needs.
  • The jury pool in your county venue.
• We calculate the full value of your case before we negotiate with the insurance company.

5. What if the truck driver was arrested or charged with a crime?

• Criminal charges (DUI, manslaughter, etc.) do not affect your civil case.
• The civil case proceeds independently, but a criminal conviction can be used as evidence in your wrongful death lawsuit.
• We monitor the criminal case and use any favorable outcomes to strengthen your civil claim.

6. What if the trucking company says the driver was an independent contractor?

• Many carriers try to avoid liability by claiming the driver was an independent contractor.
• We use three legal tests to defeat this defense:
  1. The ABC Test – Was the driver free from the company’s control? Did they perform work outside the company’s usual course of business? Were they customarily engaged in an independently established business?
  2. The Economic Reality Test – Did the company control the driver’s work? Did the driver have an opportunity for profit or loss? Was the work integral to the company’s business?
  3. The Right-to-Control Test – Did the company retain the right to control how the work was done?
• If the carrier set the routes, schedules, and delivery quotas, they’re likely liable as the employer.

7. What if the trucking company offers me a settlement?

• First offers are always low. The adjuster’s job is to minimize the payout.
• We evaluate every offer against the full value of your case—including future medical needs you may not have considered.
• We never advise a client to accept a settlement without a full case evaluation.

8. How long will my case take?

• Many trucking cases settle within 6–12 months.
• Complex cases involving multiple defendants or catastrophic injuries may take longer.
• We push for resolution as fast as possible without sacrificing value.

9. Do I need a lawyer for a fatal truck crash case?

• Yes. Trucking companies have aggressive legal teams working to minimize your payout.
• We level the playing field by:
  • Preserving evidence before it disappears.
  • Pulling the carrier’s safety records before discovery formally opens.
  • Building a case for maximum compensation.
  • Negotiating from a position of strength.

10. What if I already have a lawyer but I’m not happy with them?

• You can switch lawyers at any time.
• If your current attorney isn’t returning calls, pushing you to settle too low, or failing to pursue all liable parties, you have options.
• We’ll review your case for free and tell you if you’re being shortchanged.

11. What if I’m undocumented? Does my immigration status affect my case?

• No. Your immigration status does not affect your right to compensation in Texas.
• We handle cases for undocumented clients regularly.
• Your case and your information stay confidential.

12. What if the trucking company declares bankruptcy?

• Most trucking companies carry insurance policies with high limits ($750,000–$5,000,000).
• If the carrier declares bankruptcy, we pursue the insurance company directly.
• Exemplary damages from a DWI-related crash are not dischargeable in bankruptcy.

13. What if the crash happened in another state but the trucking company is based in Texas?

• We handle cross-jurisdictional cases.
• If the crash happened in another state but the carrier is based in Texas, we can still pursue your case in Texas courts.

14. What if the trucking company says the crash was caused by a mechanical failure?

• Mechanical failures are not “unforeseeable.”
• Federal law requires carriers to inspect and maintain their trucks under 49 C.F.R. Part 396.
• If a mechanical failure caused the crash, we pursue:
  • The carrier (for negligent maintenance).
  • The maintenance contractor (for negligent repairs).
  • The parts manufacturer (for product liability).

15. What if the trucking company says the crash was caused by poor road conditions?

• Carriers are required to adjust for road conditions under 49 C.F.R. § 392.14.
• If poor road design contributed to the crash, we pursue:
  • The Texas Department of Transportation (TxDOT) under the Texas Tort Claims Act.
  • The county or municipality responsible for road maintenance.

What to Do Next: Protect Your Rights Before It’s Too Late

The carrier’s insurance company has already started working against you. Here’s what you need to do now:

1. Call Attorney 911 for a Free Case Evaluation

• 1-888-ATTY-911 (1-888-288-9911)
• Available 24/7—live staff, not an answering service.
• We’ll tell you exactly what your case may be worth—with no obligation.

2. Do NOT Give a Recorded Statement to the Insurance Company

• The adjuster’s questions are designed to minimize your claim.
• Never give a recorded statement without your attorney present.

3. Do NOT Sign Anything Without Talking to Us First

• The first settlement offer is always a lowball.
• We’ll evaluate every offer against the full value of your case.

4. Let Us Handle the Evidence Preservation

• We’ll send preservation letters to the carrier, broker, and shipper.
• We’ll pull the carrier’s FMCSA records before evidence disappears.
• We’ll deploy accident reconstruction experts if needed.

5. Focus on Your Family—We’ll Handle the Legal Battle

• We’ll deal with the insurance company, the carrier’s lawyers, and the court system.
• You focus on healing and honoring your loved one.

The Two-Year Clock Is Ticking—Call Us Today

You have two years from the date of the fatal injury to file a wrongful death lawsuit in Texas. The clock is already running.

The carrier’s insurance company is counting on you to wait. They’re counting on the evidence to disappear. They’re counting on you to accept a lowball settlement before you know what your case is really worth.

Don’t let them win.

At Attorney 911, we’ve been fighting for families like yours since 1998. We know how to preserve evidence, build a strong case, and maximize your compensation. And we never back down from a fight.

Call 1-888-ATTY-911 (1-888-288-9911) now for a free, no-obligation case evaluation. We’re available 24/7, and we never charge a fee unless we win for you.

Your loved one deserves justice. Let us fight for it.