18-Wheeler Accident Attorneys in Poynor, Texas
If you or a loved one has been involved in an 18-wheeler accident in Poynor, Texas, you need experienced legal representation that understands the unique challenges of trucking accidents in East Texas. At Attorney911, we’ve been fighting for truck accident victims across Texas for over 25 years, and we’re ready to put that experience to work for you and your family.
Why 18-Wheeler Accidents in Poynor Are Different
Poynor sits at the intersection of several critical trucking corridors that serve East Texas and beyond. The rural highways and county roads around Poynor see significant commercial truck traffic carrying:
- Oil and gas equipment from the Permian Basin and Eagle Ford Shale
- Agricultural products from East Texas farms
- Timber and forestry materials
- Retail goods heading to distribution centers in Tyler, Longview, and Dallas
- Hazardous materials transported through Henderson County
This heavy truck traffic, combined with the unique road conditions in rural East Texas, creates particular risks for local drivers. The long stretches of Highway 175 and the rural county roads that connect Poynor to Athens, Palestine, and Jacksonville see more than their share of serious trucking accidents.
Common Causes of 18-Wheeler Accidents in Poynor
Driver Fatigue and Hours of Service Violations
Truck drivers passing through Poynor on long hauls often violate federal hours of service regulations. FMCSA rules limit drivers to:
- 11 hours of driving after 10 consecutive hours off duty
- A 14-hour on-duty window after coming on duty
- Mandatory 30-minute breaks after 8 hours of driving
- 60/70 hour weekly limits
When drivers violate these rules to meet tight delivery schedules, fatigue sets in, reaction times slow, and the risk of catastrophic accidents increases dramatically. We’ve seen cases where drivers falsified their electronic logging device (ELD) records to hide their violations, putting everyone on Poynor’s roads at risk.
Improper Cargo Loading and Securement
Poynor’s location near agricultural and industrial areas means many trucks carry specialized cargo that requires proper securement:
- Heavy machinery and equipment
- Timber loads
- Agricultural products
- Construction materials
- Hazardous materials
When cargo isn’t properly secured according to 49 CFR § 393.100-136, it can shift during transit, causing the truck to become unstable. In the worst cases, cargo can spill onto the roadway, creating hazards for other vehicles. We’ve handled cases where improperly secured loads caused rollovers on Highway 175, blocking all lanes of traffic and leading to multi-vehicle pileups.
Brake Failures on Rural Roads
The rural roads around Poynor present unique challenges for truck drivers. Long downgrades, unexpected curves, and limited emergency pull-off areas make proper brake maintenance critical. Federal regulations require:
- Regular brake inspections
- Proper brake adjustment
- Timely replacement of worn brake components
When trucking companies cut corners on brake maintenance to save money, the results can be deadly. We’ve seen cases where brake failures on rural roads led to runaway trucks that couldn’t stop in time to avoid collisions.
Distracted Driving on Long Hauls
The long stretches of rural highway around Poynor can lull drivers into complacency. When drivers take their eyes off the road to check their phones, adjust GPS devices, or communicate with dispatch, they put everyone at risk. Federal regulations specifically prohibit:
- Texting while driving (49 CFR § 392.80)
- Using hand-held mobile phones while driving (49 CFR § 392.82)
Despite these clear prohibitions, we continue to see cases where distracted truck drivers cause serious accidents on Poynor’s roads.
Poor Road Conditions and Limited Visibility
The rural roads around Poynor can be challenging for all drivers, but especially for large commercial trucks:
- Limited lighting on rural highways
- Poorly marked intersections
- Narrow shoulders and limited pull-off areas
- Uneven road surfaces
- Limited signage warning of upcoming hazards
When truck drivers fail to adjust their speed for these conditions, accidents can happen. We’ve seen cases where trucks traveling too fast for conditions couldn’t stop in time to avoid collisions at poorly marked rural intersections.
Types of 18-Wheeler Accidents We Handle in Poynor
Rear-End Collisions
Rear-end collisions are among the most common types of trucking accidents we see in Poynor. When an 80,000-pound truck fails to stop in time and strikes the back of a passenger vehicle, the results are often catastrophic. These accidents frequently occur:
- On Highway 175 where traffic slows unexpectedly
- At rural intersections where visibility is limited
- In work zones where traffic patterns change suddenly
- When trucks follow too closely (violating 49 CFR § 392.11)
The physics of these collisions are devastating. A fully loaded truck traveling at 65 mph needs approximately 525 feet to stop – nearly two football fields. When a truck rear-ends a passenger vehicle, the occupants often suffer severe injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Severe whiplash and neck injuries
- Broken bones and internal injuries
- Wrongful death
Underride Accidents
Underride accidents are among the most deadly types of trucking accidents. These occur when a passenger vehicle slides underneath the trailer of an 18-wheeler, often shearing off the top of the vehicle. Underride accidents can happen:
- When a truck stops suddenly on the roadway
- When a truck makes a wide turn across traffic
- When a truck changes lanes and cuts off a passenger vehicle
- When a truck is parked improperly on the side of the road
Federal regulations require rear impact guards on trailers to prevent underride accidents, but these guards are often inadequate or improperly maintained. We’ve seen cases where the guards failed completely, leading to catastrophic injuries or death.
Jackknife Accidents
Jackknife accidents occur when the trailer of an 18-wheeler swings out to the side, forming an angle with the cab similar to a folding pocket knife. These accidents often happen:
- On wet or icy roads around Poynor
- When drivers brake suddenly
- When drivers take curves too quickly
- When cargo shifts unexpectedly
- When brake systems fail
Jackknife accidents can block multiple lanes of traffic, leading to secondary collisions. The swinging trailer can strike other vehicles, causing severe injuries.
Rollover Accidents
Rollover accidents are particularly dangerous and often occur when:
- Trucks take curves too quickly
- Cargo shifts during transit
- Drivers overcorrect after running off the road
- Tire blowouts cause loss of control
- Drivers are fatigued or distracted
The rural roads around Poynor, with their unexpected curves and limited shoulders, create conditions where rollover accidents are more likely. When a truck rolls over, it can spill cargo across the roadway, creating hazards for other vehicles.
Wide Turn Accidents
Wide turn accidents, also known as “squeeze play” accidents, occur when a truck swings wide to the left before making a right turn. This creates a gap that other vehicles may try to enter, only to be struck by the truck as it completes its turn. These accidents are common:
- At rural intersections where trucks need to make wide turns
- In areas with limited visibility
- When truck drivers fail to signal properly
- When drivers don’t check their mirrors adequately
Tire Blowout Accidents
Tire blowouts can cause truck drivers to lose control of their vehicles. Common causes include:
- Underinflated tires
- Overloaded vehicles
- Worn or aging tires
- Road debris
- Manufacturing defects
The rural roads around Poynor can be particularly hard on tires, with uneven surfaces, debris, and temperature fluctuations all contributing to blowout risks.
Catastrophic Injuries from 18-Wheeler Accidents
The sheer size and weight of 18-wheelers mean that accidents involving these vehicles often result in catastrophic injuries. At Attorney911, we’ve helped clients recover compensation for:
Traumatic Brain Injury (TBI)
TBI is one of the most common and devastating injuries we see in trucking accidents. The extreme forces involved in these collisions can cause the brain to impact the inside of the skull, leading to:
- Concussions (mild TBI)
- Moderate to severe TBI with extended unconsciousness
- Cognitive deficits
- Memory problems
- Personality changes
- Permanent disability
The lifetime costs of caring for someone with a severe TBI can exceed $3 million. We work with medical experts to document the full extent of these injuries and ensure our clients receive compensation that covers their long-term care needs.
Spinal Cord Injuries and Paralysis
Spinal cord injuries can result in partial or complete paralysis. The level of the injury determines the extent of paralysis:
- Quadriplegia (tetraplegia): Loss of function in all four limbs, often requiring 24/7 care
- Paraplegia: Loss of function in the lower body, affecting mobility and bodily functions
- Incomplete injuries: Some nerve function remains below the injury level
The lifetime costs of caring for someone with a spinal cord injury can range from $1 million to $5 million or more, depending on the severity of the injury.
Amputations
Amputations can occur at the scene of the accident due to the extreme forces involved or may be necessary later due to severe injuries. The physical and psychological impact of losing a limb is profound, requiring:
- Multiple surgeries
- Prosthetic limbs (which can cost $5,000 to $50,000 each)
- Physical therapy and rehabilitation
- Psychological counseling
- Home modifications
- Career retraining
Severe Burns
Burns are common in trucking accidents, especially when fuel tanks rupture or hazardous materials are involved. Burn injuries can be classified as:
- First-degree: Affecting only the outer layer of skin
- Second-degree: Affecting both the outer and underlying layer of skin
- Third-degree: Penetrating the full thickness of the skin
- Fourth-degree: Extending to muscles and bones
Severe burns require extensive treatment, including skin grafts, multiple surgeries, and long-term rehabilitation. The pain and scarring from burn injuries can last a lifetime.
Internal Organ Damage
The forces involved in trucking accidents can cause severe internal injuries, including:
- Liver and spleen damage
- Kidney injuries
- Lung contusions or collapse
- Internal bleeding
- Bowel and intestinal damage
These injuries can be life-threatening and often require emergency surgery. Even with treatment, they can lead to long-term health complications.
Wrongful Death
When an 18-wheeler accident takes a life, the surviving family members may be entitled to compensation through a wrongful death claim. In Texas, wrongful death claims can include compensation for:
- Lost future income and benefits
- Loss of companionship and guidance
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses incurred before death
- Pain and suffering experienced by the deceased before death
Who Can Be Held Liable in a Poynor 18-Wheeler Accident?
One of the key differences between car accidents and trucking accidents is the number of potentially liable parties. In a typical car accident, you might only have one defendant – the other driver. In trucking accidents, multiple parties may share responsibility. At Attorney911, we investigate every possible defendant to maximize your recovery.
The Truck Driver
The driver who caused the accident may be personally liable for their negligent conduct, including:
- Speeding or reckless driving
- Distracted driving (cell phone use, texting, etc.)
- Fatigued driving beyond legal limits
- Impaired driving (drugs or alcohol)
- Failure to conduct proper pre-trip inspections
- Violation of traffic laws
We investigate the driver’s background, training, and history to determine if they were properly qualified to operate a commercial vehicle.
The Trucking Company
The trucking company is often the most important defendant because they typically have the deepest pockets (highest insurance limits) and the most responsibility for safety. Trucking companies can be held liable through:
Vicarious Liability (Respondeat Superior):
- The driver was an employee (not an independent contractor)
- The driver was acting within the scope of employment
- The accident occurred while the driver was performing job duties
Direct Negligence:
- Negligent Hiring: Failing to check the driver’s background, driving record, or qualifications
- Negligent Training: Providing inadequate safety training
- Negligent Supervision: Failing to monitor driver performance and compliance with regulations
- Negligent Maintenance: Failing to maintain vehicles in safe operating condition
- Negligent Scheduling: Pressuring drivers to violate hours of service regulations
We subpoena the trucking company’s records to look for evidence of these violations.
The Cargo Owner or Shipper
The company that owns the cargo and arranged for its shipment may be liable if they:
- Provided improper loading instructions
- Failed to disclose the hazardous nature of the cargo
- Required overweight loading
- Pressured the carrier to expedite delivery beyond safe limits
- Misrepresented the cargo’s weight or characteristics
The Cargo Loading Company
Third-party loading companies that physically load cargo onto trucks may be liable for:
- Improper cargo securement (violating 49 CFR 393.100-136)
- Unbalanced load distribution
- Exceeding vehicle weight ratings
- Failure to use proper blocking, bracing, or tiedowns
- Not training loaders on securement requirements
The Truck or Trailer Manufacturer
Manufacturers may be liable for design or manufacturing defects that contributed to the accident, including:
- Defective brake systems
- Defective stability control systems
- Defective fuel tank placement
- Defective underride guards
- Defective tires
We work with engineering experts to analyze failed components and determine if manufacturing defects played a role in the accident.
Parts Manufacturers
Companies that manufacture specific parts (brakes, tires, steering components) may be liable if their products failed and caused the accident.
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 carriers with poor safety records
- Failure to verify carrier insurance and authority
- Failure to check carrier CSA scores
- Selecting the 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 the vehicle
- Failure to maintain owned equipment
- Knowledge of the driver’s unfitness
Government Entities
In limited circumstances, federal, state, or local government may be liable 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
Government liability is limited by sovereign immunity, and there are strict notice requirements and short deadlines for these claims.
The Evidence We Preserve in Poynor Trucking Cases
Evidence in 18-wheeler accident cases disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. At Attorney911, we act fast to preserve critical evidence before it’s lost forever.
Electronic Data
ECM/Black Box Data:
Commercial trucks have electronic systems that continuously record operational data, including:
- Speed before and during the crash
- Brake application timing and pressure
- Throttle position
- Engine RPM
- Cruise control status
- Fault codes indicating mechanical issues
This data is objective and tamper-resistant, making it some of the most valuable evidence in trucking cases.
ELD Data:
Electronic Logging Devices record driver hours of service, proving whether the driver violated federal rest requirements. ELD data includes:
- Driver’s duty status
- Driving time
- GPS location
- Vehicle movement
- Engine hours
GPS and Telematics Data:
Many trucks have GPS tracking systems that record:
- Real-time location history
- Speed
- Route
- Driver behavior (hard braking, rapid acceleration)
Dashcam Footage:
Forward-facing and cab-facing cameras can provide crucial evidence of:
- What the driver was doing before the accident
- Road conditions
- Traffic conditions
- The accident itself
Dispatch Records:
Dispatch communications can reveal:
- Schedule pressure on the driver
- Instructions given to the driver
- Real-time communications during the trip
Driver Records
Driver Qualification File:
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 can prove negligent hiring.
Hours of Service Records:
ELD logs and supporting documents show:
- How long the driver was on duty
- When breaks were taken
- Whether HOS regulations were violated
Drug and Alcohol Test Results:
Federal regulations require:
- Pre-employment drug testing
- Random drug and alcohol testing
- Post-accident testing
Cell Phone Records:
Cell phone records can prove distracted driving by showing:
- Calls made or received
- Text messages sent or received
- App usage
Vehicle Records
Maintenance Records:
Trucking companies must maintain records showing:
- Regular maintenance performed
- Repairs made
- Inspections conducted
- Parts replaced
Inspection Reports:
Drivers must conduct pre-trip and post-trip inspections, documenting:
- Brake condition
- Tire condition
- Lighting
- Coupling devices
- Other safety systems
Out-of-Service Orders:
Records of previous violations where the truck was placed out of service can show a pattern of negligent maintenance.
Cargo Records:
Bills of lading and cargo manifests show:
- What the truck was carrying
- How much it weighed
- How it was secured
Physical Evidence
The Truck and Trailer:
We preserve the physical vehicles for inspection by our experts.
Failed Components:
We preserve failed parts (brakes, tires, steering components) for analysis.
Cargo and Securement Devices:
We document how the cargo was secured and whether it met federal requirements.
The 48-Hour Evidence Preservation Protocol
At Attorney911, we have a 48-hour evidence preservation protocol that we activate as soon as we’re retained. This protocol includes:
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Sending Spoliation Letters:
We send formal legal notices to the trucking company, their insurer, and all potentially liable parties demanding preservation of all evidence related to the accident. -
Demanding Electronic Data:
We demand immediate download of all ECM, ELD, and telematics data before it can be overwritten. -
Subpoenaing Cell Phone Records:
We subpoena cell phone records to prove distracted driving. -
Obtaining Police Reports:
We obtain the police crash report and 911 call recordings. -
Canvassing for Surveillance Footage:
We canvass the accident scene for security camera footage from nearby businesses. -
Photographing the Scene:
We photograph all damage, tire marks, debris patterns, and road conditions. -
Interviewing Witnesses:
We interview witnesses while their memories are fresh. -
Hiring Experts:
We retain accident reconstruction experts for complex crashes.
How We Prove Liability in Poynor Trucking Cases
Proving liability in 18-wheeler accident cases requires a thorough investigation and deep knowledge of federal trucking regulations. At Attorney911, we use multiple strategies to build strong cases for our clients.
Violations of FMCSA Regulations
Federal Motor Carrier Safety Administration (FMCSA) regulations establish the standard of care for trucking companies and drivers. When these regulations are violated, it’s strong evidence of negligence. Some of the most common violations we find include:
Hours of Service Violations (49 CFR Part 395):
- Driving more than 11 hours after 10 consecutive hours off duty
- Driving beyond the 14-hour on-duty window
- Failing to take required 30-minute breaks
- Exceeding 60/70 hour weekly limits
- Falsifying ELD records
Driver Qualification Violations (49 CFR Part 391):
- Hiring drivers without proper CDLs
- Failing to conduct background checks
- Hiring drivers with poor safety records
- Failing to maintain proper Driver Qualification Files
- Allowing drivers to operate with expired medical certificates
Vehicle Maintenance Violations (49 CFR Part 396):
- Failing to conduct pre-trip inspections
- Ignoring known maintenance issues
- Deferring critical repairs
- Failing to conduct annual inspections
- Using worn or defective parts
Cargo Securement Violations (49 CFR Part 393):
- Inadequate tiedowns
- Improper load distribution
- Exceeding weight limits
- Failing to use proper blocking and bracing
- Not re-inspecting cargo during transit
Drug and Alcohol Violations (49 CFR Part 382):
- Failing to conduct required drug testing
- Allowing drivers to operate under the influence
- Failing to remove drivers who test positive
Negligent Hiring, Training, and Supervision
Trucking companies can be held directly liable for negligent hiring, training, and supervision. We investigate:
Negligent Hiring:
- Did the company check the driver’s background?
- Did they verify the driver’s CDL?
- Did they check the driver’s safety record?
- Did they contact previous employers?
Negligent Training:
- Did the company provide adequate safety training?
- Did they train drivers on hours of service regulations?
- Did they train drivers on cargo securement?
- Did they train drivers on defensive driving techniques?
Negligent Supervision:
- Did the company monitor driver performance?
- Did they review ELD data for violations?
- Did they address safety concerns?
- Did they provide feedback and coaching?
Pattern of Safety Violations
We investigate the trucking company’s safety record to look for patterns of violations. FMCSA maintains a Safety Measurement System (SMS) that tracks:
- Crash history
- Inspection violations
- Hours of service violations
- Vehicle maintenance violations
- Driver qualification violations
A pattern of violations can prove that the company knew about safety problems but failed to address them.
Expert Witnesses
We work with a network of expert witnesses to strengthen our cases, including:
Accident Reconstruction Experts:
These experts analyze the physical evidence to determine:
- How the accident happened
- The speed of the vehicles involved
- The sequence of events
- Who was at fault
Medical Experts:
Medical experts help us document:
- The extent of our clients’ injuries
- The treatment required
- The long-term prognosis
- The impact on quality of life
Vocational Experts:
Vocational experts assess:
- Our clients’ ability to return to work
- The impact of injuries on earning capacity
- Career retraining needs
Economic Experts:
Economic experts calculate:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- The present value of future damages
Trucking Industry Experts:
These experts help us:
- Understand industry standards
- Identify violations of those standards
- Explain complex trucking regulations to juries
Compensation Available in Poynor 18-Wheeler Accident Cases
Federal law requires commercial trucking companies to carry minimum liability insurance far exceeding typical auto policies. This higher coverage means catastrophic injuries can actually be compensated, rather than leaving victims with unpaid medical bills.
Economic Damages
Economic damages are calculable losses that result from the accident:
Medical Expenses:
- Emergency room treatment
- Hospitalization
- Surgery
- Rehabilitation
- Physical therapy
- Medications
- Medical equipment
- Home modifications
- Future medical care
Lost Wages:
- Income lost due to time off work
- Lost bonuses or commissions
- Lost benefits
Lost Earning Capacity:
- Reduction in future earning ability due to injuries
- Career limitations
- Need for retraining
Property Damage:
- Vehicle repair or replacement
- Personal property damaged in the accident
Out-of-Pocket Expenses:
- Transportation to medical appointments
- Home care costs
- Modifications to home or vehicle
Non-Economic Damages
Non-economic damages compensate for the quality of life impacts of the accident:
Pain and Suffering:
- Physical pain from injuries
- Pain from medical treatments
- Chronic pain
Mental Anguish:
- Psychological trauma
- Anxiety
- Depression
- PTSD
Loss of Enjoyment of Life:
- Inability to participate in hobbies
- Inability to enjoy family activities
- Loss of mobility and independence
Disfigurement:
- Scarring
- Loss of limbs
- Visible injuries
Loss of Consortium:
- Impact on marriage and family relationships
- Loss of companionship
- Loss of intimacy
Physical Impairment:
- Reduced physical capabilities
- Permanent disabilities
Punitive Damages
In cases of gross negligence or willful misconduct, punitive damages may be available to punish the wrongdoer and deter similar conduct. Texas law allows punitive damages when:
- The defendant acted with gross negligence
- The defendant acted with conscious indifference to safety
- The defendant intentionally violated safety regulations
- The defendant destroyed evidence (spoliation)
Texas caps punitive damages at the greater of:
- Two times economic damages plus non-economic damages (capped at $750,000), or
- $200,000
The Statute of Limitations for Poynor Trucking Accidents
In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. This deadline is strict, and missing it means losing your right to sue forever.
However, you should never wait to contact an attorney. Critical evidence in trucking cases disappears quickly. Black box data can be overwritten, dashcam footage gets deleted, and witnesses forget what they saw. The sooner you contact us, the stronger your case will be.
Why Choose Attorney911 for Your Poynor 18-Wheeler Accident Case
Experience You Can Trust
Our managing partner, Ralph Manginello, has over 25 years of experience fighting for trucking accident victims across Texas. He’s secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes.
Insider Knowledge of Insurance Tactics
Our firm includes Lupe Peña, a former insurance defense attorney who knows exactly how trucking insurance companies evaluate, minimize, and deny claims. He spent years on the other side, watching adjusters minimize claims and seeing how they train their people to lowball victims. Now he uses that insider knowledge to fight for you.
Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas, giving us the ability to handle complex interstate trucking cases in federal court.
Proven Track Record
We’ve recovered $50 million+ for our clients across all practice areas, including multi-million dollar settlements in trucking cases. Our results include:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2+ Million – Maritime Back Injury Settlement
- $2.5M – Truck Crash Recovery
- Millions recovered for families in trucking-related wrongful death cases
Local Knowledge
We know Poynor’s trucking corridors, from Highway 175 to the rural county roads that connect Poynor to Athens, Palestine, and Jacksonville. We understand the unique challenges of trucking cases in East Texas and know how to build strong cases that resonate with local juries.
Aggressive Representation
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.
Compassionate Service
We treat our clients like family. We understand that you’re going through one of the most difficult times of your life, and we’re here to support you every step of the way.
No Fee Unless We Win
We work on a contingency fee basis – you pay nothing unless we win your case. We advance all costs of investigation and litigation, so there’s no financial risk to you.
What to Do After an 18-Wheeler Accident in Poynor
If you’ve been involved in an 18-wheeler accident in Poynor, take these steps to protect your rights:
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Call 911 and report the accident – Get police and emergency medical services on the scene.
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Seek medical attention – Even if you feel okay, adrenaline can mask pain. Internal injuries, TBI, and spinal injuries may not show symptoms immediately.
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Document the scene – If you’re able, take photos and videos of:
- All vehicle damage
- The accident scene (road conditions, skid marks, debris)
- Your injuries
- The truck’s DOT number and company information
- Witness contact information
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Get the truck driver’s information – This includes:
- Name and contact information
- CDL number
- Insurance information
- Trucking company name and contact information
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Don’t give statements to insurance adjusters – Insurance adjusters work for the trucking company, not you. Anything you say can be used to minimize your claim.
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Call Attorney911 immediately – The sooner we get involved, the better we can protect your rights and preserve evidence.
Frequently Asked Questions About Poynor 18-Wheeler Accidents
What should I do immediately after an 18-wheeler accident in Poynor?
If you’ve been in a trucking accident in Poynor, 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. Poynor-area 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 Poynor?
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 Poynor?
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 Poynor?
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?
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 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.
What injuries are common in 18-wheeler accidents in Poynor?
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 Poynor?
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 Poynor?
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 Poynor?
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. When we win, our fee comes from the recovery, not your pocket.
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.
Contact Attorney911 Today
If you or a loved one has been injured in an 18-wheeler accident in Poynor, Texas, don’t wait to get the legal help you need. The trucking company has lawyers working to protect their interests – you deserve the same level of representation.
Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free, no-obligation consultation. We’re available 24/7 to take your call.
Hablamos Español. If you prefer to speak with someone in Spanish, ask for Lupe Peña. He’s fluent in Spanish and can provide direct representation without interpreters.
Remember: Evidence disappears fast. The sooner you call, the stronger your case will be. Don’t let the trucking company destroy the evidence you need to prove your case.
At Attorney911, we fight for the rights of Poynor trucking accident victims. Let us fight for you.