18-Wheeler & Trucking Accident Attorneys in Sussex County, Delaware

When 80,000 Pounds Changes Everything: Your Fight Starts Here

The impact was catastrophic. One moment you’re driving through Sussex County—maybe on Route 113 heading toward Georgetown, or on Route 9 near the Indian River Inlet—and the next, an 80,000-pound truck has shattered your world. At Attorney911, we’ve spent over 25 years fighting for trucking accident victims across Delaware and beyond. We know what you’re facing, and we know how to win.

Every 16 minutes, someone in America is injured in a commercial truck crash. Sussex County’s position along Delaware’s coastal corridor makes it particularly vulnerable—our highways carry freight from the Port of Wilmington, agricultural products from the Delmarva Peninsula, and tourist traffic that creates dangerous mixing of commercial and passenger vehicles. When disaster strikes, you need more than a lawyer. You need a fighter.

Ralph Manginello has been that fighter since 1998. With federal court admission to the Southern District of Texas and experience litigating against Fortune 500 corporations like BP, he’s built Attorney911 into a firm that trucking companies fear. Our associate attorney Lupe Peña spent years working for insurance companies—now he uses that insider knowledge to fight against them. That’s your advantage.

Why Sussex County Trucking Accidents Demand Specialized Legal Expertise

Trucking accidents aren’t just bigger car crashes. They’re complex commercial litigation involving federal regulations, multiple liable parties, and sophisticated defense strategies. The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to pay you less. What are you doing?

In Sussex County, the trucking industry touches everything we do. The Port of Wilmington—just north of our county line—handles massive container traffic that feeds into our highways. Poultry operations throughout the Delmarva Peninsula generate constant livestock and feed trucking. The seasonal influx of beach tourists to Rehoboth, Dewey, and Bethany creates dangerous congestion on Route 1 and Route 113. Each of these factors creates unique accident risks—and unique legal opportunities for victims who know how to pursue them.

The Federal Motor Carrier Safety Administration (FMCSA) regulates every aspect of commercial trucking. When trucking companies violate these regulations, they create liability. At Attorney911, we know these regulations inside and out—and we use them to build winning cases.

The FMCSA Regulations That Protect You—and How Trucking Companies Break Them

Federal trucking law is codified in Title 49 of the Code of Federal Regulations, Parts 390-399. These aren’t just technical rules—they’re the safety standards that keep 80,000-pound vehicles from killing innocent people. When trucking companies cut corners, they violate these regulations. And when they violate these regulations, we hold them accountable.

49 CFR Part 391: Driver Qualification Standards

Before a trucking company lets anyone behind the wheel of an 18-wheeler, federal law requires them to verify that the driver is qualified. This isn’t optional—it’s mandatory.

The Driver Qualification File (DQ File) must contain:

Employment application and background investigation
Three-year driving record from state licensing authorities
Previous employer inquiries for the past three years
Current medical examiner’s certificate (valid maximum two years)
Drug and alcohol test results
Road test certificate or equivalent documentation
Annual driving record review and certification

Why This Matters for Your Sussex County Case:

If the trucking company failed to maintain a proper DQ file, failed to check the driver’s background, or hired a driver with a poor safety record, they can be held liable for negligent hiring. We subpoena these records in every trucking case. In Sussex County, where many trucking companies operate on thin margins, we’ve found that DQ file violations are disturbingly common.

49 CFR Part 392: Driving of Commercial Motor Vehicles

This part establishes the rules of the road for truck drivers. Violations here often directly cause accidents.

Critical Provisions:

§ 392.3 – Ill or Fatigued Operator: “No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

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

§ 392.4 – Drugs and Other Substances: Prohibits operating under the influence of any Schedule I substance, amphetamines, narcotics, or any substance rendering the driver incapable of safe operation.

§ 392.5 – Alcohol: Prohibits alcohol use within 4 hours before duty, alcohol use while on duty, and operating with BAC of .04 or higher (half the limit for passenger vehicle drivers).

§ 392.6 – Speeding: Prohibits scheduling runs that would require exceeding speed limits.

§ 392.11 – Following Too Closely: Requires maintaining reasonable and prudent following distance.

§ 392.82 – Mobile Phone Use: Prohibits hand-held mobile telephone use while driving and texting while driving.

49 CFR Part 393: Parts and Accessories for Safe Operation

This part covers vehicle equipment standards. Violations here cause mechanical failures that lead to catastrophic accidents.

§ 393.40-55 – Brake Systems:

All CMVs must have properly functioning:

Service brakes on all wheels
Parking/emergency brake system
Air brake systems meeting specific requirements
Brake adjustment maintained within specifications

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

§ 393.75 – Tire Requirements:

Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions. Tires must be properly inflated and free from defects.

§ 393.100-136 – Cargo Securement:

Cargo must be contained, immobilized, or secured to prevent:

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

Performance Criteria: Securement systems must withstand:

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

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

THESE ARE THE MOST COMMONLY VIOLATED REGULATIONS IN TRUCKING ACCIDENTS.

Fatigued driving causes approximately 31% of fatal truck crashes. These rules exist because tired truck drivers kill people.

Property-Carrying Drivers (Most 18-Wheelers):

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

Electronic Logging Device (ELD) Mandate (49 CFR § 395.8):

Since December 18, 2017, most CMV drivers must use ELDs that:

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

Why ELD Data Is Critical Evidence:

ELDs prove:

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

We send spoliation letters immediately to preserve this data.

49 CFR Part 396: Inspection, Repair, and Maintenance

This part ensures CMVs are maintained in safe operating condition. Violations here cause mechanical failures.

§ 396.3 – General Maintenance Requirement:

“Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.”

Driver Inspection Requirements:

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

§ 396.11 – Post-Trip Report:
After each day’s driving, drivers must prepare written report on vehicle condition covering at minimum:

Service brakes
Parking brake
Steering mechanism
Lighting devices and reflectors
Tires
Horn
Windshield wipers
Rear vision mirrors
Coupling devices
Wheels and rims
Emergency equipment

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

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

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

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

The 18-Wheeler Accident Types That Devastate Sussex County Families

Trucking accidents come in many forms, each with unique causes, injury patterns, and legal strategies. In Sussex County, our geography creates specific risks: flat coastal highways invite high-speed collisions, agricultural traffic mixes with commercial freight, and the seasonal tourist surge creates congestion that leads to catastrophic crashes.

Jackknife Accidents

A jackknife occurs when the trailer and cab skid in opposite directions, with the trailer folding at an angle like a pocket knife. The trailer swings out perpendicular to the cab, often sweeping across multiple lanes of traffic.

Jackknife accidents account for approximately 10% of all trucking-related deaths. They often result in multi-vehicle pileups when the trailer blocks multiple lanes. Once a jackknife begins, it’s nearly impossible for nearby drivers to avoid.

Common causes on Sussex County roads:

Sudden braking on wet roads—common during coastal storms
Speeding, particularly on curves or in adverse conditions
Empty or lightly loaded trailers (more prone to swing)
Improperly loaded or unbalanced cargo
Brake system failures from deferred maintenance

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

FMCSA violations often present:

49 CFR § 393.48 – Brake system malfunction
49 CFR § 393.100 – Improper cargo securement
49 CFR § 392.6 – Speeding for conditions

Rollover Accidents

A rollover occurs when an 18-wheeler tips onto its side or roof. Due to the truck’s high center of gravity and massive weight (up to 80,000 lbs), rollovers are among the most catastrophic trucking accidents.

Approximately 50% of rollover crashes result from failure to adjust speed on curves. Rollovers frequently lead to secondary crashes from debris and fuel spills. They’re often fatal or cause catastrophic injuries to both truck occupants and other vehicles.

Sussex County-specific risks:

Speeding on curves along Route 113 and Route 404
Taking turns too sharply at excessive speed
Improperly secured or unevenly distributed cargo—common with agricultural loads
Liquid cargo “slosh” shifting center of gravity
Overcorrection after tire blowout or lane departure

Evidence we pursue:

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

FMCSA violations:

49 CFR § 393.100-136 – Cargo securement violations
49 CFR § 392.6 – Exceeding safe speed
49 CFR § 392.3 – Operating while fatigued

Underride Collisions

An underride collision occurs when a smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer. The trailer height often causes the smaller vehicle’s passenger compartment to be sheared off at windshield level.

Among the most FATAL types of 18-wheeler accidents. Approximately 400-500 underride deaths occur annually in the United States. Rear underride and side underride are both deadly; side underride has no federal guard requirement.

Types:

Rear Underride: Vehicle strikes back of trailer, often at intersections or during sudden stops
Side Underride: Vehicle impacts side of trailer during lane changes, turns, or at intersections

Common causes in Sussex County:

Inadequate or missing underride guards
Worn or damaged rear impact guards
Truck sudden stops without adequate warning
Low visibility conditions (night, fog, rain)—common along coastal routes
Truck lane changes into blind spots
Wide right turns cutting off traffic

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

FMCSA/NHTSA Requirements:

49 CFR § 393.86 – Rear impact guards required on trailers manufactured after 1/26/1998
Guards must prevent underride at 30 mph impact
NO FEDERAL REQUIREMENT for side underride guards (advocacy ongoing)

Rear-End Collisions

A rear-end collision occurs when an 18-wheeler strikes the back of another vehicle or when a vehicle strikes the back of a truck. Due to the truck’s massive weight and longer stopping distances, these accidents cause devastating injuries.

18-wheelers require 20-40% more stopping distance than passenger vehicles. A fully loaded truck at 65 mph needs approximately 525 feet to stop—nearly two football fields. Rear-end collisions are the second most common type of large truck crash.

Common causes on Sussex County roads:

Following too closely (tailgating)—especially dangerous on Route 1 during summer tourist season
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

Evidence we pursue:

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

FMCSA violations:

49 CFR § 392.11 – Following too closely
49 CFR § 392.3 – Operating while fatigued
49 CFR § 392.82 – Mobile phone use
49 CFR § 393.48 – Brake system deficiencies

Wide Turn Accidents (“Squeeze Play”)

Wide turn accidents occur when an 18-wheeler swings wide (often to the left) before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle that entered the gap.

Why trucks make wide turns:

18-wheelers need significant space to complete turns
Trailer tracks inside the path of the cab
Drivers must swing wide to avoid curbs, signs, or buildings

Common causes in Sussex 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

FMCSA violations:

49 CFR § 392.11 – Unsafe lane changes
49 CFR § 392.2 – Failure to obey traffic signals
State traffic law violations for improper turns

Blind Spot Accidents (“No-Zone”)

Blind spot accidents occur when an 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots (No-Zones).

The Four No-Zones:

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

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

Common causes:

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 pursue:

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

FMCSA Requirements:

49 CFR § 393.80 – Mirrors must provide clear view to rear on both sides
Proper mirror adjustment is part of driver pre-trip inspection

Tire Blowout Accidents

Tire blowout accidents occur when one or more tires on an 18-wheeler suddenly fail, causing the driver to lose control. Debris from the blown tire can also strike other vehicles.

18-wheelers have 18 tires, each of which can fail. Steer tire (front) blowouts are especially dangerous—can cause immediate loss of control. “Road gators” (tire debris) cause thousands of accidents annually.

Common causes in Sussex County:

Underinflated tires causing overheating—exacerbated by summer heat on Route 1
Overloaded vehicles exceeding tire capacity—common with agricultural loads
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

FMCSA Requirements:

49 CFR § 393.75 – Tire requirements (tread depth, condition)
49 CFR § 396.13 – Pre-trip inspection must include tire check
Minimum tread depth: 4/32″ on steer tires, 2/32″ on other positions

Brake Failure Accidents

Brake failure accidents occur when an 18-wheeler’s braking system fails or underperforms, preventing the driver from stopping in time to avoid a collision.

Brake problems are a factor in approximately 29% of large truck crashes. Brake system violations are among the most common FMCSA out-of-service violations. Complete brake failure is often the result of systematic maintenance neglect.

Common causes:

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 pursue:

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

FMCSA Requirements:

49 CFR § 393.40-55 – Brake system requirements
49 CFR § 396.3 – Systematic inspection and maintenance
49 CFR § 396.11 – Driver post-trip report of brake condition
Air brake pushrod travel limits specified

Cargo Spill/Shift Accidents

Cargo spill and shift accidents occur when improperly secured cargo falls from a truck, shifts during transport causing instability, or spills onto the roadway.

Cargo securement violations are among the top 10 most common FMCSA violations. Shifted cargo causes rollover accidents when center of gravity changes. Spilled cargo on highways causes secondary accidents.

Types:

Cargo Shift: Load moves during transit, destabilizing truck
Cargo Spill: Load falls from truck onto roadway
Hazmat Spill: Hazardous materials leak or spill, creating additional dangers

Common causes in Sussex 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

FMCSA Requirements:

49 CFR § 393.100-136 – Complete cargo securement standards
Working load limits for tiedowns specified
Specific requirements by cargo type (logs, metal coils, machinery, etc.)

Head-On Collisions

Head-on collisions occur when an 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Head-on collisions are among the deadliest accident types. Even at moderate combined speeds, the force is often fatal. They often occur on two-lane highways or from wrong-way entry.

Common causes on Sussex County roads:

Driver fatigue causing lane departure—particularly dangerous on long stretches of Route 113
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 pursue:

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

FMCSA violations:

49 CFR § 395 – Hours of service violations
49 CFR § 392.3 – Operating while fatigued
49 CFR § 392.4/5 – Drug or alcohol violations
49 CFR § 392.82 – Mobile phone use

Every Liable Party We Hold Accountable in Your Sussex County Trucking Case

Most law firms only sue the driver and trucking company. We investigate ALL potentially liable parties—because more defendants means more insurance coverage means higher compensation for you.

The Truck Driver

The driver who caused the accident may be personally liable for their negligent conduct.

Bases for driver liability:

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

Evidence we pursue:

Driver’s driving record and history
ELD data showing hours of service
Drug and alcohol test results
Cell phone records
Previous accident history
Training records

The Trucking Company / Motor Carrier

The trucking company is often the most important defendant because they have the deepest pockets (highest insurance) and the most responsibility for safety.

Bases for trucking company liability:

Vicarious Liability (Respondeat Superior):

The driver was an employee (not independent contractor)
Acting within the scope of employment
Performing job duties when accident occurred

Direct Negligence:

Negligent hiring: Failed to check driver’s background, driving record, or qualifications
Negligent training: Inadequate training on safety, cargo securement, hours of service
Negligent supervision: Failed to monitor driver performance, ELD compliance
Negligent maintenance: Failed to maintain vehicle in safe condition
Negligent scheduling: Pressured drivers to violate HOS regulations

Evidence we pursue:

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

Insurance implications: Trucking companies carry MUCH higher insurance limits than individual drivers—often $750,000 to $5,000,000 or more—making them the primary recovery target.

Cargo Owner / Shipper

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

Bases for shipper liability:

Provided improper loading instructions
Failed to disclose hazardous nature of cargo
Required overweight loading
Pressured carrier to expedite beyond safe limits
Misrepresented cargo weight or characteristics

Evidence we pursue:

Shipping contracts and bills of lading
Loading instructions provided
Hazmat disclosure documentation
Weight certification records

Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for improper securement.

Bases for loading company liability:

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

Evidence we pursue:

Loading company securement procedures
Loader training records
Securement equipment used
Weight distribution documentation

Truck and Trailer Manufacturer

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

Bases for manufacturer liability:

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)

Evidence we pursue:

Recall notices and technical service bulletins
Similar defect complaints (NHTSA database)
Design specifications and testing records
Component failure analysis

Parts Manufacturer

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

Bases for parts liability:

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

Evidence we pursue:

Failed component for expert analysis
Recall history for specific parts
Similar failure patterns
Manufacturing and quality control records

Maintenance Company

Third-party maintenance companies that service trucking fleets may be liable for negligent repairs.

Bases for maintenance company liability:

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

Evidence we pursue:

Maintenance work orders
Mechanic qualifications and training
Parts used in repairs
Inspection reports and recommendations

Freight Broker

Freight brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection.

Bases for broker liability:

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

Evidence we pursue:

Broker-carrier agreements
Carrier selection criteria
Carrier safety record at time of selection
Broker’s due diligence procedures

Truck Owner (If Different from Carrier)

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

Bases for owner liability:

Negligent entrustment of vehicle
Failure to maintain owned equipment
Owner’s knowledge of driver’s unfitness

Evidence we pursue:

Lease agreements
Maintenance responsibility allocations
Owner’s knowledge of driver history

Government Entity

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

Bases for government liability:

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

Special considerations:

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

Evidence we pursue:

Road design specifications
Maintenance records
Prior accident history at location
Citizen complaints about condition

The 48-Hour Evidence Preservation Protocol: Why Time Is Your Enemy

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

Critical Timelines

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

The Spoliation Letter: Your Legal Shield

A spoliation letter is a formal legal notice sent to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident.

Why it matters:

Puts defendants on legal notice of their preservation obligation
Creates serious consequences if evidence is destroyed
Courts can impose sanctions, adverse inferences, or even default judgment for spoliation
The sooner sent, the more weight it carries

When we send it: IMMEDIATELY—within 24-48 hours of being retained. We don’t wait.

What Our Spoliation Letter Demands

Electronic Data:

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

Driver Records:

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

Vehicle Records:

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

Company Records:

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

Physical Evidence:

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

ECM/Black Box Data Explained

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

Types of Electronic Recording:

System	What It Records
ECM (Engine Control Module)	Engine performance, speed, throttle, RPM, cruise control, fault codes
EDR (Event Data Recorder)	Pre-crash data triggered by sudden deceleration or airbag deployment
ELD (Electronic Logging Device)	Driver hours, duty status, GPS location, driving time
Telematics	Real-time GPS tracking, speed, route, driver behavior
Dashcam	Video of road ahead, some record cab interior

Critical Data Points:

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

Why This Data Wins Cases:

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

FMCSA Record Retention Requirements

Minimum Retention Periods:

Record Type	Retention Period
Driver Qualification Files	3 years after termination
Hours of Service Records	6 months
Vehicle Inspection Reports	1 year
Maintenance Records	1 year
Accident Register	3 years
Drug Test Records (positive)	5 years
Drug Test Records (negative)	1 year

Why Our Spoliation Letter Extends These:

Once we send a preservation demand and litigation is anticipated, the duty to preserve extends beyond these minimum periods. Destroying evidence after receiving our letter can result in:

Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
Sanctions and monetary penalties
Default judgment in extreme cases
Punitive damages for intentional destruction

Catastrophic Injuries: When Your Life Changes Forever

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

Size and Weight Disparity

Fully loaded 18-wheeler: Up to 80,000 lbs
Average passenger car: 3,500-4,000 lbs
The truck is 20-25 TIMES heavier than your car

Impact Force

Force = Mass × Acceleration. An 80,000 lb truck at 65 mph carries approximately 80 times the kinetic energy of a car. This energy transfers to the smaller vehicle in a crash.

Stopping Distance

18-wheeler at 65 mph needs ~525 feet to stop (nearly 2 football fields)
Car at 65 mph needs ~300 feet to stop
This 40% longer stopping distance means trucks cannot avoid obstacles as quickly

Traumatic Brain Injury (TBI)

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

At Attorney911, we’ve recovered $1.5 million to $9.8 million for traumatic brain injury victims. As client Glenda Walker told us after her case, “They fought for me to get every dime I deserved.”

Spinal Cord Injury

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

Types of Paralysis

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.

Our firm has secured $4.7 million to $25.8 million for spinal cord injury victims. We understand that no amount of money restores what was lost—but it can provide the resources for the best possible care and 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

We’ve recovered $1.9 million to $8.6 million for amputation victims. As client Kiimarii Yup shared after we resolved his case, “I lost everything… 1 year later I have gained so much in return.”

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 a loved one, Delaware law allows surviving family members to recover compensation through a wrongful death claim.

Who Can Bring a Wrongful Death Claim in Delaware

Surviving spouse
Children (minor and adult)
Parents (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

Lost future income and benefits
Loss of consortium (companionship, care, guidance)
Mental anguish and emotional suffering
Funeral and burial expenses
Medical expenses before death
Punitive damages (if gross negligence)

Delaware’s Wrongful Death Statute of Limitations: 2 years from date of death.

We’ve recovered $1.9 million to $9.5 million for wrongful death cases. We understand that no amount of money replaces your loved one—but holding the responsible parties accountable can provide justice and financial security for your family’s future.

Delaware Law: What You Need to Know About Your Sussex County Trucking Case

Understanding Delaware’s specific legal framework is essential for maximizing your recovery. At Attorney911, we apply Delaware law strategically to protect your rights.

Statute of Limitations

In Delaware, you have 2 years from the date of your trucking accident to file a personal injury lawsuit. For wrongful death claims, you have 2 years from the date of death.

Critical warning: This deadline is absolute. Miss it, and you lose your right to compensation forever—no matter how serious your injuries or how clear the trucking company’s fault.

But waiting until near the deadline is dangerous for another reason: evidence disappears. We recommend contacting an attorney within days, not months.

Comparative Negligence in Delaware

Delaware follows a modified comparative negligence rule with a 51% bar. This means:

You can recover damages if you are 50% or less at fault
Your recovery is reduced by your percentage of fault
If you are 51% or more at fault, you recover nothing

Example: If your damages are $500,000 and you’re found 20% at fault, you recover $400,000 (80% of total). If you’re found 60% at fault, you recover $0.

This makes proving the trucking company’s fault critical. At Attorney911, we gather evidence aggressively to minimize any attribution of fault to you and maximize the trucking company’s responsibility.

Delaware’s Trucking Corridors and Accident Risks

Sussex County’s highway system creates specific trucking accident risks:

Route 113: Major north-south corridor connecting Dover to the Delaware beaches. Heavy agricultural traffic mixing with commercial freight and tourist vehicles. High-speed differential between slow farm equipment and fast-moving trucks.

Route 1 (Coastal Highway): Primary beach access route. Seasonal congestion creates stop-and-go conditions dangerous for trucks. Tourist drivers unfamiliar with local roads make unpredictable maneuvers.

Route 9: Coastal route through marshes and wetlands. Limited shoulder space and narrow lanes. Environmental constraints prevent road widening.

Route 404: East-west corridor connecting Maryland to Delaware beaches. Cross-state traffic with varying regulations. Heavy summer tourist volume.

US 13: Historic north-south route paralleling Route 113. Older road design with limited modern safety features. Mix of local and through traffic.

Delaware-Specific Trucking Industry Factors

Agricultural Exemption Complexities: Delaware’s farming industry creates unique trucking scenarios. Certain agricultural operations are exempt from some FMCSA regulations, but these exemptions don’t eliminate liability for negligence. We analyze whether claimed exemptions actually apply.

Poultry Industry Hazards: The Delmarva Peninsula’s massive poultry industry generates constant livestock and feed trucking. These operations often push equipment and drivers to limits, creating accident risks.

Port-Related Traffic: While the Port of Wilmington is in New Castle County, its freight flows through Sussex County. Container trucking creates specific hazards including overweight loads and driver pressure to meet vessel schedules.

Seasonal Beach Traffic: Sussex County’s economy depends on beach tourism. The summer influx creates dangerous conditions: inexperienced drivers, congestion, impaired driving, and trucks navigating through vacation traffic.

The Evidence That Wins Sussex County Trucking Cases

At Attorney911, we don’t just gather evidence—we preserve it before it disappears. Our 48-hour evidence preservation protocol is designed to secure the proof that wins cases.

Electronic Control Module (ECM) / Black Box Data

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

What it records:

Speed before and during the crash
Brake application timing
Engine RPM and throttle position
Whether cruise control was engaged
GPS location history
Fault codes revealing mechanical issues

Critical timeline: ECM data can be overwritten in 30 days or with new driving events. We demand immediate download.

Electronic Logging Device (ELD) Records

ELDs are federally mandated devices that record driver hours of service. Since December 18, 2017, paper logs are largely obsolete—ELDs create tamper-resistant records.

What ELDs prove:

Exactly how long the driver was on duty
Whether required breaks were taken
Any hours of service violations
GPS location and route history

Critical timeline: FMCSA only requires 6 months retention. We preserve this data immediately.

Driver Qualification File

Federal law requires trucking companies to maintain comprehensive files on every driver. These files often reveal negligent hiring, inadequate training, and ignored red flags.

What the DQ File contains:

Employment application and background investigation
Three-year driving record from all states
Previous employer safety performance inquiries
Current medical examiner’s certificate
Drug and alcohol test results
Road test certificate or equivalent
Annual driving record reviews

Why it matters: Missing or incomplete DQ files prove the trucking company cut corners on safety. We’ve found drivers with suspended licenses, recent DUIs, and multiple accidents still behind the wheel because companies failed to check.

Maintenance and Inspection Records

Federal law requires systematic vehicle maintenance. These records reveal whether the trucking company prioritized safety or profits.

What we examine:

Pre-trip and post-trip inspection reports
Annual inspection records
Brake inspection and adjustment logs
Tire replacement and pressure records
Mechanic work orders and parts invoices
Out-of-service orders and repairs

Red flags we find: Deferred brake repairs, ignored tire warnings, falsified inspection reports, and maintenance “shortcuts” that save money but cost lives.

Cell Phone and Dispatch Records

Distracted driving kills. We subpoena records that prove the driver wasn’t paying attention.

What these records show:

Text messages and calls during driving time
Dispatch communications creating pressure to speed or skip breaks
GPS data showing route deviations
App usage (navigation, entertainment, communication)

Critical for proving: Distracted driving, company pressure to violate hours of service, and driver fatigue from excessive dispatch demands.

Witness Statements and Physical Evidence

While electronic data is powerful, traditional evidence remains essential.

What we gather:

Eyewitness accounts of driver behavior before the crash
Photographs of vehicle damage, road conditions, and debris patterns
Surveillance video from nearby businesses
Police accident reports and officer testimony
Weather and road condition data
Physical evidence from the crash scene

Delaware Insurance Requirements and Your Recovery

Understanding insurance coverage is critical to maximizing your recovery. Trucking accidents involve complex insurance structures that experienced attorneys know how to navigate.

Federal Minimum Liability Limits

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

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

Why This Matters for Your Sussex County Case

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

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

Types of Damages Recoverable

Economic Damages (Calculable Losses):

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

Non-Economic Damages (Quality of Life):

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

Punitive Damages (Punishment for Gross Negligence):

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

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

Frequently Asked Questions: Sussex County 18-Wheeler Accidents

Immediate After-Accident Questions

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

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

What information should I collect at the truck accident scene in Sussex 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 Sussex 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.

What is a spoliation letter and why is it important?

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

Trucking Company & Driver Questions

Who can I sue after an 18-wheeler accident in Sussex 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)

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

Delaware uses a modified comparative negligence system with a 51% bar. This means:

You can recover damages if you are 50% or less at fault
Your recovery is reduced by your percentage of fault
If you are 51% or more at fault, you recover nothing

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.

Evidence & Investigation Questions

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

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

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

FMCSA Regulations Questions

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 and 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.

Injury & Medical Questions

What injuries are common in 18-wheeler accidents in Sussex 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 Sussex 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 Sussex County?

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

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

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

Legal Process Questions

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

In Delaware, you have 2 years from the date of your trucking accident to file a lawsuit. 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. When we win, our fee comes from the recovery, not your pocket.

Insurance Questions

How much insurance do trucking companies carry?

Federal law requires minimum liability coverage:

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

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

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.

Why Sussex County Families Choose Attorney911

When an 18-wheeler changes your life, you need more than a lawyer—you need a fighter. Ralph Manginello has spent over 25 years taking on trucking companies and winning. He’s admitted to federal court, has litigated against Fortune 500 corporations like BP, and has recovered multi-million dollar settlements for families just like yours.

Our firm includes Lupe Peña, a former insurance defense attorney who spent years INSIDE the system. He watched adjusters minimize claims. He saw how they train their people to lowball victims. Now he exposes those tactics and uses his insider knowledge to fight for maximum compensation.

We’ve recovered $50 million+ for Texas families across all practice areas. Our documented trucking case results include $2.5 million+ for commercial truck crash victims. And we’re currently litigating a $10 million lawsuit against a major university—showing we have the resources and courage to take on powerful defendants.

Our 4.9-star Google rating with 251+ reviews speaks to how we treat our clients. As Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” Donald Wilcox told us, “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”

With offices in Houston, Austin, and Beaumont, we serve trucking accident victims throughout Texas and beyond. Our federal court admission means we can handle cases anywhere in the United States.

Hablamos Español. Lupe Peña provides fluent Spanish representation without interpreters. Llame al 1-888-ATTY-911.

Your Next Step: Call Attorney911 Today

Every hour you wait, evidence in your Sussex County trucking accident case is disappearing. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. The trucking company is already building their defense. What are you doing?

Call Attorney911 NOW at 1-888-ATTY-911 for a free consultation. We’ll send a preservation letter today to protect your evidence. You pay nothing unless we win. Zero upfront costs. We advance all investigation expenses.

Don’t let the trucking company win. Your fight starts with one call: 1-888-ATTY-911. We answer. We fight. We win.

Attorney911 / The Manginello Law Firm, PLLC
Managing Partner: Ralph P. Manginello
25+ years fighting for trucking accident victims
Federal Court Admission: U.S. District Court, Southern District of Texas
Multi-million dollar verdicts and settlements
4.9★ Google Reviews (251+)
Offices: Houston, Austin, Beaumont
Hablamos Español

1-888-ATTY-911 | (888) 288-9911 | ralph@atty911.com | attorney911.com