18-Wheeler Accidents in Roberts County: Your Legal Emergency Guide
Every year, thousands of trucking accidents occur on the highways and rural roads of Roberts County and across Texas. If you or a loved one has been seriously injured in an 18-wheeler accident in Roberts County, you need an attorney who understands both the federal trucking regulations and how to hold negligent trucking companies accountable under Texas law.
At Attorney911, we’ve been fighting for truck accident victims throughout Roberts County 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 catastrophic 18-wheeler crashes. When you’re facing life-altering injuries from a trucking accident in Roberts County, you need more than just a lawyer – you need a legal emergency response team.
The Devastating Reality of 18-Wheeler Accidents in Roberts County
The impact of an 18-wheeler accident is unlike any other type of motor vehicle collision. A fully loaded commercial truck can weigh up to 80,000 pounds – that’s 20-25 times heavier than the average passenger vehicle. When these massive vehicles collide with smaller cars, the results are often catastrophic.
In Roberts County, we see trucking accidents on:
- US Highway 60 – the primary east-west corridor through the county
- State Highway 70 – connecting to major north-south routes
- FM 247 and FM 285 – rural farm-to-market roads with heavy truck traffic
- County roads serving agricultural and oil field operations
These accidents frequently result in:
- Traumatic brain injuries
- Spinal cord damage and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Wrongful death
Why Roberts County Trucking Accidents Are Different
Trucking accidents in Roberts County present unique challenges compared to urban areas:
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Longer Emergency Response Times – With vast distances between towns and limited medical facilities in Roberts County, emergency response can be delayed, potentially worsening injuries.
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Rural Road Conditions – Many of Roberts County’s roads weren’t designed for heavy truck traffic, with narrow lanes, limited shoulders, and challenging terrain.
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Agricultural and Oil Field Trucking – The local economy means many trucks are involved in specialized operations that may not follow standard safety protocols.
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Limited Law Enforcement Presence – With fewer officers patrolling, some truck drivers may take more risks on Roberts County roads.
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Unique Weather Challenges – From high winds on the open plains to sudden thunderstorms, Roberts County weather creates additional hazards for large trucks.
Common Causes of 18-Wheeler Accidents in Roberts County
Our experience handling trucking cases throughout Roberts County has shown us that most accidents are preventable and result from violations of federal safety regulations:
Driver Fatigue and Hours of Service Violations
Federal regulations limit how long truck drivers can operate without rest:
- Maximum 11 hours driving after 10 consecutive hours off duty
- Cannot drive beyond the 14th consecutive hour on duty
- 30-minute break required after 8 cumulative hours of driving
- 60/70 hour weekly limits
Yet in Roberts County, we frequently see drivers violating these rules due to pressure from trucking companies to meet tight delivery deadlines. Fatigued driving causes approximately 31% of fatal truck crashes.
Improper Cargo Securement
Cargo securement violations are among the most common we find in Roberts County trucking cases. Federal regulations (49 CFR § 393.100-136) require:
- Cargo must be contained, immobilized, or secured
- Securement systems must withstand 0.8g deceleration forward, 0.5g acceleration rearward and lateral
- Specific requirements for different cargo types (logs, metal coils, machinery, etc.)
When cargo isn’t properly secured, it can shift during transit, causing the truck to become unstable and potentially roll over. In Roberts County’s rural areas, we’ve seen cases where improperly secured agricultural equipment or oil field supplies have fallen from trucks, creating deadly road hazards.
Brake Failures and Poor Maintenance
Brake problems are a factor in approximately 29% of large truck crashes. Federal regulations require:
- Systematic inspection, repair, and maintenance (49 CFR § 396.3)
- Pre-trip and post-trip inspections (49 CFR § 396.13)
- Annual inspections (49 CFR § 396.17)
In Roberts County, we frequently see trucking companies cutting corners on maintenance to save money. Brake failures on the long, straight stretches of US 60 or the gradual grades of FM 247 can be particularly dangerous.
Distracted and Impaired Driving
Federal regulations prohibit:
- Using hand-held mobile phones while driving (49 CFR § 392.82)
- Texting while driving (49 CFR § 392.80)
- Operating under the influence of alcohol (.04 BAC or higher) (49 CFR § 392.5)
- Using controlled substances (49 CFR § 392.4)
Despite these regulations, we continue to see distracted and impaired truck drivers on Roberts County roads. The long, monotonous drives through rural areas can lead to complacency and distraction.
Speeding and Unsafe Driving
Federal regulations require drivers to:
- Not exceed posted speed limits (49 CFR § 392.6)
- Reduce speed for conditions (49 CFR § 392.14)
- Maintain safe following distances (49 CFR § 392.11)
In Roberts County, we often see truck drivers speeding to make up time, particularly on the long stretches of US 60. The combination of high speeds and rural road conditions can be deadly.
Who Is Liable for Your Roberts County Trucking Accident?
One of the most important aspects of trucking accident cases is that multiple parties can be held liable for your injuries. Unlike car accidents where typically only one driver is at fault, trucking accidents often involve a web of responsible parties:
The Truck Driver
The driver may be personally liable for:
- Speeding or reckless driving
- Distracted driving (cell phone use, texting)
- Fatigued driving beyond legal limits
- Impaired driving (drugs, alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
The Trucking Company (Motor Carrier)
The trucking company is often the most important defendant because they have the deepest pockets (highest insurance limits) and the most responsibility for safety. They can be held liable for:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not an independent contractor)
- Acting within the scope of employment
- Performing job duties when the accident occurred
Direct Negligence:
- Negligent Hiring: Failed to check the driver’s background, driving record, or qualifications
- Negligent Training: Inadequate training on safety, cargo securement, or hours of service
- Negligent Supervision: Failed to monitor driver performance or compliance with regulations
- Negligent Maintenance: Failed to maintain the vehicle in safe condition
- Negligent Scheduling: Pressured drivers to violate hours of service regulations
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 the carrier to expedite beyond safe limits
- Misrepresenting cargo weight or characteristics
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
Truck and Trailer Manufacturers
The companies that manufactured the truck, trailer, or major components may be liable for defects:
- 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)
Parts Manufacturers
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
Maintenance Companies
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
Freight Brokers
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
The 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
Government Entities
Federal, state, or local government may be liable in limited circumstances for:
- Dangerous road design that contributed to the accident
- Failure to maintain roads (potholes, debris, worn markings)
- Inadequate signage for known hazards
- Failure to install safety barriers
- Improper work zone setup
Why You Need a Roberts County Trucking Accident Attorney Immediately
Evidence in trucking accident cases disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act fast, critical evidence will be lost forever.
The 48-Hour Evidence Preservation Protocol
At Attorney911, we have a strict 48-hour protocol for preserving evidence in Roberts County trucking accident cases:
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Immediate Spoliation Letters
- Sent within 24-48 hours of being retained
- Demand preservation of all evidence related to the accident
- Create legal consequences if evidence is destroyed
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ECM/Black Box Data Preservation
- Engine Control Modules (ECM) record critical data
- Data can be overwritten within 30 days
- We demand immediate download of all electronic data
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ELD Data Preservation
- Electronic Logging Devices record hours of service
- FMCSA only requires 6 months retention
- We ensure this data is preserved before it’s deleted
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Physical Evidence Protection
- The truck and trailer must be preserved in their post-accident condition
- Failed components must be saved for analysis
- Cargo and securement devices must be documented
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Witness Interviews
- Memories fade quickly
- We interview witnesses while their recollections are fresh
- We canvass the accident scene for additional witnesses
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Scene Documentation
- We photograph the accident scene, vehicle damage, and road conditions
- We document skid marks, debris patterns, and other physical evidence
- We obtain surveillance footage from nearby businesses
What Evidence Do We Preserve in Your Roberts County Trucking Case?
Our investigation team pursues all available evidence to build the strongest possible case:
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 (pre-employment and random)
- Training records and certifications
- Previous accident and violation history
- Performance reviews and disciplinary records
Vehicle Records
- Maintenance and repair records
- Inspection reports (pre-trip, post-trip, annual)
- Out-of-service orders and repairs
- Tire records and replacement history
- Brake inspection and adjustment records
- Parts purchase and installation records
- The physical truck and trailer themselves
- Failed or damaged components
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
- CSA (Compliance, Safety, Accountability) scores
- Inspection history and out-of-service rates
- Crash history
- Safety rating
Common 18-Wheeler Accident Types in Roberts County
Jackknife Accidents
A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle similar to a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.
Common Causes in Roberts County:
- Sudden or improper braking, especially on the long, straight stretches of US 60
- Speeding on curves or in adverse conditions
- Empty or lightly loaded trailers (more prone to swing)
- Improperly loaded or unbalanced cargo
- Brake system failures or worn brakes
- Driver inexperience with emergency maneuvers
- Slippery road surfaces without speed reduction
Evidence We Gather:
- Skid mark analysis showing trailer angle
- Brake inspection records and maintenance logs
- Weather conditions at time of accident
- ELD data showing speed before braking
- ECM data for brake application timing
- Cargo manifest and loading records
Rollover Accidents
A rollover occurs when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight (up to 80,000 lbs), rollovers are among the most catastrophic trucking accidents.
Common Causes in Roberts County:
- Speeding on curves, particularly on rural roads with sharp turns
- Taking turns too sharply at excessive speed
- Improperly secured or unevenly distributed cargo
- Liquid cargo “slosh” shifting center of gravity
- Overcorrection after tire blowout or lane departure
- Driver fatigue causing delayed reaction
- Road design defects (inadequate banking on curves)
Evidence We Gather:
- ECM data for speed through curve
- Cargo manifest and securement documentation
- Load distribution records
- Driver training records on rollover prevention
- Road geometry and signage analysis
- Witness statements on truck speed
Underride Collisions
An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.
Statistics:
- Among the most fatal types of 18-wheeler accidents
- Approximately 400-500 underride deaths occur annually in the United States
- Rear underride and side underride are both deadly; side underride has no federal guard requirement
Common Causes in Roberts County:
- Inadequate or missing underride guards
- Worn or damaged rear impact guards
- Truck sudden stops without adequate warning
- Low visibility conditions (night, fog, rain)
- Truck lane changes into blind spots
- Wide right turns cutting off traffic
- Inadequate rear lighting or reflectors
Evidence We Gather:
- Underride guard inspection and maintenance records
- Rear lighting compliance documentation
- Crash dynamics showing underride depth
- Guard installation and certification records
- Visibility conditions at accident scene
- Post-crash guard deformation analysis
Rear-End Collisions
A rear-end collision occurs when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.
Statistics:
- 18-wheelers require 20-40% more stopping distance than passenger vehicles
- A fully loaded truck at 65 mph needs approximately 525 feet to stop (nearly two football fields)
- Rear-end collisions are the second most common type of large truck crash
Common Causes in Roberts County:
- Following too closely (tailgating) on the long stretches of US 60
- Driver distraction (cell phone, dispatch communications)
- Driver fatigue and delayed reaction
- Excessive speed for traffic conditions
- Brake failures from poor maintenance
- Failure to anticipate traffic slowdowns
- Impaired driving (drugs, alcohol)
Evidence We Gather:
- ECM data showing following distance and speed
- ELD data for driver fatigue analysis
- Cell phone records for distraction evidence
- Brake inspection and maintenance records
- Dashcam footage (if available)
- Traffic conditions and speed limits
Wide Turn Accidents (“Squeeze Play”)
Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.
Why Trucks Make Wide Turns:
- 18-wheelers need significant space to complete turns
- The trailer tracks inside the path of the cab
- Drivers must swing wide to avoid curbs, signs, or buildings
Common Causes in Roberts County:
- Failure to properly signal turning intention
- Inadequate mirror checks before and during turn
- Improper turn technique (swinging too early or too wide)
- Driver inexperience with trailer tracking
- Failure to yield right-of-way when completing turn
- Poor intersection design forcing wide turns
Evidence We Gather:
- Turn signal activation data from ECM
- Mirror condition and adjustment records
- Driver training records on turning procedures
- Intersection geometry analysis
- Witness statements on turn execution
- Surveillance camera footage from nearby businesses
Blind Spot Collisions (“No-Zone”)
Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).
The Four No-Zones:
- Front No-Zone: 20 feet directly in front of the cab – driver cannot see low vehicles
- Rear No-Zone: 30 feet behind the trailer – no rear-view mirror visibility
- Left Side No-Zone: Extends from cab door backward – smaller than right side
- Right Side No-Zone: Extends from cab door backward, much larger than left – MOST DANGEROUS
Common Causes in Roberts County:
- Failure to check mirrors before lane changes
- Improperly adjusted or damaged mirrors
- Inadequate mirror checking during sustained maneuvers
- Driver distraction during lane changes
- Driver fatigue affecting situational awareness
- Failure to use turn signals allowing other drivers to anticipate
Evidence We Gather:
- Mirror condition and adjustment at time of crash
- Lane change data from ECM/telematics
- Turn signal activation records
- Driver training on blind spot awareness
- Dashcam footage
- Witness statements on truck behavior
Tire Blowout Accidents
Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.
Statistics:
- 18-wheelers have 18 tires, each of which can fail
- Steer tire (front) blowouts are especially dangerous – can cause immediate loss of control
- “Road gators” (tire debris) cause thousands of accidents annually
Common Causes in Roberts County:
- Underinflated tires causing overheating
- Overloaded vehicles exceeding tire capacity
- Worn or aging tires not replaced
- Road debris punctures
- Manufacturing defects
- Improper tire matching on dual wheels
- Heat buildup on long hauls
- Inadequate pre-trip tire inspections
Evidence We Gather:
- Tire maintenance and inspection records
- Tire age and wear documentation
- Tire inflation records and pressure checks
- Vehicle weight records (weigh station)
- Tire manufacturer and purchase records
- Failed tire for defect analysis
Brake Failure Accidents
Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.
Statistics:
- Brake problems are a factor in approximately 29% of large truck crashes
- Brake system violations are among the most common FMCSA out-of-service violations
- Complete brake failure is often the result of systematic maintenance neglect
Common Causes in Roberts County:
- Worn brake pads or shoes not replaced
- Improper brake adjustment (too loose)
- Air brake system leaks or failures
- Overheated brakes (brake fade) on long descents
- Contaminated brake fluid
- Defective brake components
- Failure to conduct pre-trip brake inspections
- Deferred maintenance to save costs
Evidence We Gather:
- Brake inspection and maintenance records
- Out-of-service inspection history
- ECM data showing brake application and effectiveness
- Post-crash brake system analysis
- Driver vehicle inspection reports (DVIRs)
- Mechanic work orders and parts records
Cargo Spill/Shift Accidents
Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.
Statistics:
- Cargo securement violations are among the top 10 most common FMCSA violations
- Shifted cargo causes rollover accidents when center of gravity changes
- Spilled cargo on highways causes secondary accidents
Types:
- Cargo Shift: Load moves during transit, destabilizing the truck
- Cargo Spill: Load falls from the truck onto the roadway
- Hazmat Spill: Hazardous materials leak or spill, creating additional dangers
Common Causes in Roberts County:
- Inadequate tiedowns (insufficient number or strength)
- Improper loading distribution
- Failure to use blocking, bracing, or friction mats
- Tiedown failure due to wear or damage
- Overloading beyond securement capacity
- Failure to re-inspect cargo during trip
- Loose tarps allowing cargo shift
Evidence We Gather:
- Cargo securement inspection photos
- Bill of lading and cargo manifest
- Loading company records
- Tiedown specifications and condition
- 49 CFR 393 compliance documentation
- Driver training on cargo securement
Head-On Collisions
Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.
Statistics:
- Head-on collisions are among the deadliest accident types
- Even at moderate combined speeds, the force is often fatal
- Often occur on two-lane highways or from wrong-way entry
Common Causes in Roberts County:
- Driver fatigue causing lane departure
- Driver falling asleep at the wheel
- Driver distraction (phone, GPS, dispatch)
- Impaired driving (drugs, alcohol)
- Medical emergency (heart attack, seizure)
- Overcorrection after running off road
- Passing on two-lane roads
- Wrong-way entry onto divided highways
Evidence We Gather:
- ELD data for HOS compliance and fatigue
- ECM data showing lane departure and steering
- Cell phone records for distraction
- Driver medical records and certification
- Drug and alcohol test results
- Route and dispatch records
The Catastrophic Injuries We See in Roberts County Trucking Accidents
Due to the massive size and weight disparity between 18-wheelers and passenger vehicles, trucking accidents often result in catastrophic injuries that change lives forever.
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:
- Headaches, dizziness, nausea
- Memory loss, confusion
- Difficulty concentrating
- Mood changes, depression, anxiety
- Sleep disturbances
- Sensory problems (vision, hearing, taste)
- 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:
- 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:
- Traumatic Amputation: Limb severed at the scene due to crash forces
- Surgical Amputation: Limb so severely damaged it must be surgically removed
Common in 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:
- 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 18-Wheeler 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:
- Permanent scarring and disfigurement
- Multiple reconstructive surgeries
- Skin graft procedures
- Chronic pain
- Infection risks
- Psychological trauma
Internal Organ Damage
Common Internal Injuries:
- 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:
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 future income and employment benefits
- 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
What Your Roberts County Trucking Accident Case Is Worth
Case values in trucking accident cases depend on many factors, but one of the most important is that trucking companies carry much higher insurance limits than typical auto policies:
- Federal Minimum Liability Limits:
- $750,000 for non-hazardous freight
- $1,000,000 for oil/petroleum and large equipment
- $5,000,000 for hazardous materials or passengers
Many carriers carry $1-5 million or more in coverage. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Types of Damages Recoverable
Economic Damages (Calculable Losses):
- Medical expenses (past, present, and future)
- 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):
- 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)
Nuclear Verdicts: What’s Possible in Trucking Cases
Recent years have seen unprecedented jury verdicts in trucking cases, demonstrating what’s possible when trucking companies are held fully accountable:
Recent Major Trucking Verdicts (2024-2025):
- $462 Million – St. Louis, MO (2024) – Underride decapitation
- $160 Million – Alabama (2024) – Rollover left driver quadriplegic
- $141.5 Million – Florida (2024) – Defunct carrier crash
- $90 Million – Houston, TX – Truck driver burned in explosion
- $37.5 Million – Texas – Trucking verdict
- $35.5 Million – Texas – Family injured in truck accident
- $35 Million – Fort Worth, TX – Largest in Tarrant County
Historic Landmark Verdicts:
- $1 Billion – Florida (2021) – $100M compensatory + $900M punitive
- $411 Million – Florida (2020) – 45-vehicle pileup
- $730 Million – Texas (2021) – Ramsey v. Landstar
Why Nuclear Verdicts Happen:
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
The Insurance Battle: What You’re Really Up Against
Trucking companies don’t fight fair. They have teams of lawyers, investigators, and insurance adjusters working to protect their interests – not yours.
Common Insurance Company Tactics
| Insurance Company Tactic | How They Use It Against You | How We Counter It |
|---|---|---|
| Quick Lowball Settlement Offers | Offer a fraction of case value before you understand full extent of injuries | NEVER accept early offers; calculate full future damages first |
| Denying or Minimizing Injuries | Claim injuries aren’t as serious as you say or existed before the accident | Obtain comprehensive medical documentation and expert testimony |
| Blaming the Victim (Comparative Fault) | Claim you were partially or fully at fault to reduce their payment | Investigate fully; gather evidence disproving fault allegations |
| Delaying the Claims Process | Drag out the process hoping you’ll accept a lower settlement out of frustration | File lawsuit to force discovery; set depositions |
| Using Recorded Statements Against Victims | Get you to say things that can be taken out of context to hurt your case | Advise clients NEVER give statements without attorney present |
| “Pre-Existing Condition” Defense | Claim your injuries existed before the accident | Apply Texas “Eggshell Skull” doctrine (take plaintiff as found) |
| “Gap in Treatment” Attacks | Claim you must not have been seriously injured if you didn’t seek continuous treatment | Document all treatment; explain gaps with medical records |
| Sending Surveillance Investigators | Follow you and film activities to claim you’re not really injured | Advise clients on appropriate conduct; expose unfair surveillance |
| Hiring “Independent” Medical Examiners | Pay doctors to examine you and minimize your injuries | Counter with client’s treating physicians and independent experts |
| Drowning Plaintiff in Paperwork | Overwhelm you with requests to make the process frustrating | Aggressive litigation and motion practice to force resolution |
Our Insider Advantage
At Attorney911, we have a unique advantage in fighting insurance companies: our team includes Lupe Peña, a former insurance defense attorney who spent years working for a national defense firm. He knows exactly how insurance companies evaluate, minimize, and deny trucking accident claims because he used to do it himself.
Now he uses that knowledge to fight FOR accident victims, not against them.
Lupe knows:
- How insurance companies value claims
- How adjusters are trained to manipulate victims
- What makes them settle for full value
- How they minimize payouts
- How they deny claims
- The software they use to undervalue your suffering
This insider knowledge gives us an unfair advantage in negotiations and litigation.
The Legal Process: What to Expect in Your Roberts County Trucking Case
Step 1: Free Consultation
- Initial case evaluation
- 24/7 availability – call 1-888-ATTY-911
- No obligation, completely confidential
Step 2: Case Acceptance
- Attorney agrees to represent you
- Same-day response for emergencies
- No upfront costs – we work on contingency
Step 3: Investigation
- Evidence gathering begins immediately
- Send spoliation letters within 24-48 hours
- Deploy accident reconstruction expert if needed
- Obtain police crash report
- Photograph client injuries with medical documentation
- Photograph all vehicles before they are repaired or scrapped
- Identify all potentially liable parties
Step 4: Evidence Gathering
- 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
Step 5: 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
Step 6: 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)
Step 7: Resolution
- Majority of cases settle before trial
- If necessary, take case to verdict
- Collect settlement or judgment
- Distribute funds to client
Why Choose Attorney911 for Your Roberts County Trucking Case?
1. 25+ Years of Experience Fighting Trucking Companies
Our managing partner, Ralph Manginello, has been fighting for truck accident victims since 1998. With over 25 years of experience, he has the knowledge and resources to take on the largest trucking companies and their insurance carriers.
2. Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas. This federal court admission is critical for interstate trucking cases, which often involve federal regulations and can be filed in federal court.
3. Insider Knowledge of Insurance Company Tactics
Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm. He knows exactly how insurance companies evaluate, minimize, and deny claims because he used to do it himself. Now he uses that knowledge to fight for accident victims.
4. Multi-Million Dollar Results
We have recovered millions of dollars for trucking accident victims throughout Texas, including:
- $5+ Million – Logging brain injury settlement
- $3.8+ Million – Car accident amputation settlement
- $2.5+ Million – Truck crash recovery
- Millions recovered for families in trucking-related wrongful death cases
5. Comprehensive Investigation Resources
We have the resources to thoroughly investigate your case:
- Accident reconstruction experts
- Medical experts
- Vocational experts
- Economic experts
- Life care planners
- FMCSA regulation experts
6. Aggressive Litigation Approach
We prepare every case as if it’s going to trial. This aggressive approach creates leverage in settlement negotiations and ensures we’re ready to fight for you in court if necessary.
7. Personal Attention You Deserve
Unlike large firms where you’re just a case number, we treat every client like family. You’ll have direct access to your attorney and our team throughout your case.
8. No Fee Unless We Win
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.
9. Fluent Spanish Services
Many trucking accident victims in Roberts County speak Spanish as their primary language. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters.
Hablamos Español. Llame al 1-888-ATTY-911.
10. Local Knowledge of Roberts County
We understand Roberts County’s unique challenges:
- The long distances between towns
- The rural road conditions
- The agricultural and oil field trucking operations
- The local courts and judges
- The emergency response limitations
What to Do After a Trucking Accident in Roberts County
If you’ve been involved in an 18-wheeler accident in Roberts County, follow these steps to protect your health and your legal rights:
1. Call 911 Immediately
- Report the accident
- Request police and emergency medical services
- Even if injuries seem minor, get checked out
2. Seek Medical Attention
- Adrenaline masks pain after traumatic accidents
- Internal injuries may not show symptoms immediately
- Document all injuries for your medical records
- Follow all treatment recommendations
3. Document the Scene
- Take photos of all vehicle damage
- Photograph the accident scene, road conditions, and any skid marks
- Get photos of your injuries
- Document the weather conditions
4. Collect Information
- Get the truck driver’s name, CDL number, and contact information
- Get the trucking company’s name and DOT number
- Collect contact information from any witnesses
- Note the responding officer’s name and badge number
5. Do NOT Give Recorded Statements
- Insurance adjusters work for the trucking company, not you
- Anything you say will be used to minimize your claim
- Never give a recorded statement without consulting an attorney
6. Call Attorney911 Immediately
- Evidence disappears quickly in trucking cases
- We send spoliation letters within 24-48 hours to preserve evidence
- The sooner you call, the stronger your case will be
Frequently Asked Questions About Roberts County Trucking Accidents
What should I do immediately after an 18-wheeler accident in Roberts County?
If you’ve been in a trucking accident in Roberts 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
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. Roberts County hospitals and regional trauma centers can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
What information should I collect at the truck accident scene in Roberts 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
Should I talk to the trucking company’s insurance adjuster?
NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
How quickly should I contact an 18-wheeler accident attorney in Roberts 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.
Who can I sue after an 18-wheeler accident in Roberts 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.
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)
- Negligent scheduling (pressuring drivers to violate HOS regulations)
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.
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.
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.
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.
What is an ELD and why is it important?
Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
How long does the trucking company keep black box and ELD data?
ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.
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
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
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.
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/alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
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.
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.
What injuries are common in 18-wheeler accidents in Roberts 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
How much are 18-wheeler accident cases worth in Roberts 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.
What if my loved one was killed in a trucking accident in Roberts County?
Texas 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.
How long do I have to file an 18-wheeler accident lawsuit in Roberts 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.
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.
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.
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.
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.
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.
Don’t Let the Trucking Company Win
After a trucking accident in Roberts County, you’re not just fighting for compensation – you’re fighting for your future. The trucking company has teams of lawyers working to protect their interests. You need a team fighting for yours.
At Attorney911, we have:
- 25+ years of experience fighting trucking companies
- Federal court admission for complex cases
- A former insurance defense attorney on our team
- Multi-million dollar results for trucking accident victims
- The resources to take on the largest trucking companies
- A commitment to treating every client like family
Don’t wait – evidence is disappearing right now. Call Attorney911 at 1-888-ATTY-911 for a free consultation. We’re available 24/7 to help you through this difficult time.
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
Hablamos Español. Llame al 1-888-ATTY-911.
Your fight starts with one call.