18-Wheeler Accidents in Travis County: Your Complete Legal Guide

When an 80,000-Pound Truck Changes Your Life Forever

The impact was catastrophic. One moment you were driving on Travis County’s highways – I-35, US-183, or one of our many rural roads. The next moment, an 80,000-pound 18-wheeler was bearing down on you. The crushing force, the shattering glass, the screams – these are memories that don’t fade. Neither do the injuries.

Traumatic brain injury. Spinal cord damage. Amputations. Burns. Or worse – the loss of a loved one. These aren’t just medical terms. They’re life-altering realities that thousands of Travis County families face every year after trucking accidents.

And here’s what the trucking companies don’t want you to know: They have teams of lawyers working right now to protect their interests – not yours.

At Attorney911, we level the playing field. Our managing partner, Ralph Manginello, has over 25 years of experience fighting trucking companies in Travis County and across Texas. Our team includes a former insurance defense attorney who knows every tactic they’ll use against you. And we know Travis County’s roads, courts, and trucking corridors better than anyone.

If you or a loved one has been hurt in an 18-wheeler accident in Travis County, call us now at 1-888-ATTY-911. The evidence is disappearing fast – black box data can be overwritten in 30 days. We’ll send a preservation letter today to protect your rights.

Why Travis County Trucking Accidents Are Different

Travis County isn’t just another Texas county – it’s a unique trucking crossroads with its own challenges:

Our Dangerous Trucking Corridors

Travis County sits at the heart of Texas’s transportation network. Our highways carry some of the heaviest truck traffic in the state:

• I-35: The NAFTA corridor connecting Mexico to Canada – one of the busiest truck routes in America
• US-183: A major freight route serving Austin-Bergstrom International Airport and local distribution centers
• SH-130: The toll road designed to divert truck traffic from I-35, but still carries heavy commercial loads
• SH-71: Connecting Austin to Houston and serving major logistics hubs
• FM 973: A rural route popular with truckers avoiding tolls, but dangerous for passenger vehicles

These aren’t just roads – they’re high-risk zones where fatigue, speed, and mechanical failures turn into catastrophic accidents.

Austin’s Unique Trucking Challenges

As Travis County’s largest city, Austin creates special trucking hazards:

• Construction zones: Austin is constantly under construction, creating dangerous lane shifts and confusing signage
• Music events: Major festivals like SXSW and ACL bring increased truck traffic for equipment transport
• Tech industry freight: Austin’s booming tech sector means more specialized cargo transport
• University traffic: UT Austin and other schools create seasonal traffic patterns
• Hill Country terrain: The rolling hills outside Austin create dangerous grades for trucks

The Texas Triangle Effect

Travis County sits at the center of the “Texas Triangle” – the Houston-Dallas-San Antonio freight corridor. This means:

• More long-haul truckers passing through
• Higher fatigue rates from drivers pushing limits
• Increased pressure to meet delivery deadlines
• More opportunities for mechanical failures

The Devastating Reality of 18-Wheeler Crashes

When an 18-wheeler hits a passenger vehicle, the physics are brutal:

• Weight disparity: A fully loaded truck weighs 20-25 times more than your car
• Stopping distance: At 65 mph, an 18-wheeler needs 525 feet to stop – nearly two football fields
• Height difference: Truck trailers sit much higher than cars, creating deadly underride risks
• Force of impact: The energy released in a truck crash is 80 times greater than in a car accident

This isn’t just a bigger car accident – it’s a completely different category of danger.

Common Catastrophic Injuries in Travis County Trucking Accidents

Injury Type	Travis County Statistics	Lifetime Impact
Traumatic Brain Injury	38% of severe truck crash injuries	$85,000 – $3,000,000+ in medical costs
Spinal Cord Injury	1 in 4 truck crash survivors	$1,100,000 – $5,000,000+ in lifetime care
Amputations	12% of severe cases	$500,000 – $2,000,000+ in prosthetics alone
Severe Burns	8% of truck crashes involve fires	Multiple surgeries, lifelong scarring
Internal Organ Damage	Often undetected initially	Emergency surgery, long-term complications
Wrongful Death	1 in 8 truck crashes fatal	Loss of income, companionship, guidance

These aren’t just injuries – they’re life sentences. And they happen every week on Travis County roads.

The Trucking Company Playbook: What They Don’t Want You to Know

Within hours of your accident, the trucking company’s rapid-response team swings into action. Their goal? To protect their interests – not yours.

Their Tactics vs. Our Counter-Strategies

What They Do	Why They Do It	How We Fight Back
Send investigators to the scene immediately	Control the narrative, influence witnesses	We get there first to document the truth
Offer quick settlement checks	Get you to sign away your rights for pennies	We never let clients accept early offers
Take possession of the truck	“Repair” evidence before we can inspect it	We send spoliation letters within 24 hours
Interview the driver first	Get their version on record before we arrive	We depose drivers under oath to uncover lies
Pressure you to give recorded statements	Get you to say things that hurt your case	We handle all communications with insurers
Claim you were partially at fault	Reduce their payout under Texas law	We gather evidence proving their negligence

The Insurance Defense Advantage

Our firm has a unique advantage – associate attorney Lupe Peña spent years working for a national insurance defense firm. He knows exactly how they evaluate claims, what makes them settle, and how they minimize payouts.

“Our firm includes Lupe Peña, a former insurance defense attorney who 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.”

This insider perspective is why our clients get better results.

The Critical 48-Hour Window: Evidence Disappears Fast

In 18-wheeler accident cases, evidence disappears faster than you think. Here’s what’s at risk:

Electronic Evidence That Can Be Lost Forever

Evidence Type	What It Shows	How Quickly It Disappears
ECM/Black Box Data	Speed, braking, throttle position	Overwritten in 30 days or with new driving events
ELD Records	Hours of service, fatigue violations	Retained only 6 months by law
Dashcam Footage	Driver behavior, accident footage	Often deleted within 7-14 days
GPS/Telematics	Route, speed, location history	May be overwritten quickly
Cell Phone Records	Distracted driving evidence	Requires immediate subpoena
Dispatch Records	Pressure to violate HOS rules	Carrier-controlled, may be altered

Physical Evidence That Gets Destroyed

• The truck itself: Repaired or sold before inspection
• Failed components: Tires, brakes, steering parts
• Cargo securement: Tiedowns, blocking, bracing
• Surveillance video: From nearby businesses (overwritten in days)
• Witness memory: Fades quickly without documentation

Our 48-Hour Evidence Preservation Protocol

When you call Attorney911, here’s what we do immediately:

1. Send spoliation letters to the trucking company, their insurer, and all potentially liable parties
2. Demand immediate download of ECM/black box and ELD data
3. Subpoena cell phone records to prove distracted driving
4. Obtain police crash reports and 911 call recordings
5. Canvass the scene for security camera footage
6. Photograph all damage before vehicles are moved or repaired
7. Interview witnesses before memories fade
8. Hire accident reconstruction experts for complex crashes

FMCSA Regulations: The Legal Framework That Holds Trucking Companies Accountable

The Federal Motor Carrier Safety Administration (FMCSA) regulates every aspect of commercial trucking. When trucking companies violate these regulations, they create dangerous conditions that cause accidents.

The 6 Critical FMCSA Parts That Matter in Your Case

Part	What It Regulates	Common Violations in Travis County Cases
390	General Applicability	Failure to maintain proper records
391	Driver Qualification	Hiring unqualified or dangerous drivers
392	Driving Rules	Fatigue, distraction, impairment
393	Vehicle Safety	Brake failures, cargo securement
395	Hours of Service	Driving beyond legal limits
396	Inspection & Maintenance	Deferred maintenance, ignored defects

Hours of Service Violations: The #1 Cause of Fatigue-Related Crashes

FMCSA’s hours of service (HOS) regulations are designed to prevent driver fatigue – a leading cause of trucking accidents.

Property-Carrying Drivers (Most 18-Wheelers):

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

ELD Mandate: Electronic Proof of Violations
Since December 18, 2017, most CMV drivers must use Electronic Logging Devices (ELDs) that:

• Automatically record driving time
• Synchronize with the vehicle engine
• Cannot be altered after the fact
• Record GPS location and speed

ELD data is the most powerful evidence in fatigue-related cases. We demand this data immediately to prove HOS violations.

All the Ways Trucking Companies Can Be Liable for Your Injuries

In 18-wheeler accident cases, multiple parties can be liable – not just the driver. We investigate every possible defendant to maximize your recovery.

The 10 Potentially Liable Parties in Your Case

1. The Truck Driver

   • Speeding or reckless driving
   • Distracted driving (cell phone, dispatch communications)
   • Fatigued driving beyond legal limits
   • Impaired driving (drugs, alcohol)
   • Failure to conduct proper pre-trip inspections

2. The Trucking Company / Motor Carrier

   • Vicarious liability for driver’s negligence
   • Negligent hiring of unqualified drivers
   • Negligent training on safety procedures
   • Negligent supervision of driver behavior
   • Negligent maintenance of vehicles
   • Negligent scheduling pressuring HOS violations

3. The Cargo Owner / Shipper

   • Providing improper loading instructions
   • Failing to disclose hazardous cargo
   • Requiring overweight loading
   • Pressuring carrier to expedite beyond safe limits

4. The Cargo Loading Company

   • Improper cargo securement (49 CFR 393 violations)
   • Unbalanced load distribution
   • Exceeding vehicle weight ratings
   • Failure to use proper blocking, bracing, tiedowns

5. Truck and Trailer Manufacturer

   • Design defects (brake systems, stability control)
   • Manufacturing defects (faulty welds, component failures)
   • Failure to warn of known dangers

6. Parts Manufacturer

   • Defective brakes or brake components
   • Defective tires causing blowouts
   • Defective steering mechanisms
   • Defective lighting components

7. Maintenance Company

   • Negligent repairs that failed to fix problems
   • Failure to identify critical safety issues
   • Improper brake adjustments
   • Using substandard or wrong parts

8. Freight Broker

   • Negligent selection of carrier with poor safety record
   • Failure to verify carrier insurance and authority
   • Selecting cheapest carrier despite safety concerns

9. Truck Owner (If Different from Carrier)

   • Negligent entrustment of vehicle
   • Failure to maintain owned equipment
   • Knowledge of driver’s unfitness

10. Government Entity

    • Dangerous road design contributing to accident
    • Failure to maintain roads (potholes, debris)
    • Inadequate signage for known hazards
    • Improper work zone setup

Our Investigation Process for Identifying All Liable Parties

1. Immediate Evidence Preservation

   • Send spoliation letters within 24-48 hours
   • Demand preservation of all electronic and physical evidence

2. FMCSA Records Review

   • Obtain carrier’s complete safety record
   • Review CSA scores and inspection history
   • Identify pattern of violations

3. Driver Qualification File Subpoena

   • Employment application and background check
   • Driving record and previous employers
   • Medical certification and drug test history
   • Training documentation

4. Corporate Structure Analysis

   • Identify all related companies
   • Determine owner-operator vs. employee status
   • Map insurance coverage for each entity

5. Accident Reconstruction

   • Retain expert engineers
   • Analyze ECM and ELD data
   • Determine sequence of events and contributing factors

6. Defect Investigation

   • Preserve failed components
   • Research recall and complaint history
   • Retain product liability experts if warranted

The Most Dangerous Types of 18-Wheeler Accidents in Travis County

1. Jackknife Accidents

What happens: The trailer and cab skid in opposite directions, with the trailer folding at an angle like a pocket knife.

Common causes in Travis County:

• Sudden braking on wet roads (common on I-35)
• Speeding on curves (SH-71 near the Hill Country)
• Empty or lightly loaded trailers (more prone to swing)
• Brake system failures (common with deferred maintenance)
• Driver inexperience with emergency maneuvers

Evidence we gather:

• Skid mark analysis showing trailer angle
• Brake inspection records
• Weather conditions at time of accident
• ELD data showing speed before braking
• ECM data for brake application timing

2. Rollover Accidents

What happens: The 18-wheeler tips onto its side or roof due to high center of gravity.

Common causes in Travis County:

• Speeding on exit ramps (I-35 at US-183 interchange)
• Improperly secured cargo shifting during turns
• Liquid cargo “slosh” in tankers
• Overcorrection after tire blowout
• Driver fatigue causing delayed reaction

Evidence we gather:

• ECM data for speed through curve
• Cargo manifest and securement documentation
• Load distribution records
• Driver training records on rollover prevention
• Road geometry and signage analysis

3. Underride Collisions

What happens: A smaller vehicle crashes into the rear or side of an 18-wheeler and slides underneath the trailer.

Statistics for Travis County:

• Among the most fatal accident types
• Approximately 400-500 underride deaths annually nationwide
• Side underride has no federal guard requirement

Common causes in Travis County:

• Inadequate or missing underride guards
• Worn or damaged rear impact guards
• Truck sudden stops without warning
• Low visibility conditions (fog on SH-130)
• Truck lane changes into blind spots

Evidence we gather:

• Underride guard inspection and maintenance records
• Rear lighting compliance documentation
• Crash dynamics showing underride depth
• Guard installation and certification records

4. Rear-End Collisions

What happens: An 18-wheeler strikes the back of another vehicle or vice versa.

Statistics for Travis County:

• 18-wheelers need 40% more stopping distance than cars
• At 65 mph, a truck needs 525 feet to stop
• Second most common type of large truck crash

Common causes in Travis County:

• Following too closely on congested I-35
• Driver distraction (cell phone, dispatch communications)
• Driver fatigue and delayed reaction
• Excessive speed for traffic conditions
• Brake failures from poor maintenance

Evidence we gather:

• ECM data showing following distance and speed
• ELD data for driver fatigue analysis
• Cell phone records for distraction evidence
• Brake inspection and maintenance records

5. Wide Turn Accidents (“Squeeze Play”)

What happens: An 18-wheeler swings wide before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle in the gap.

Common locations in Travis County:

• Intersections along US-183
• Downtown Austin delivery zones
• Shopping center entrances
• Rural road intersections

Evidence we gather:

• Turn signal activation data from ECM
• Mirror condition and adjustment records
• Driver training records on turning procedures
• Intersection geometry analysis
• Surveillance camera footage

6. Blind Spot Collisions (“No-Zone” Accidents)

What happens: An 18-wheeler changes lanes or maneuvers without seeing a vehicle in one of its four major blind spots.

The Four No-Zones:

1. Front No-Zone: 20 feet directly in front of the cab
2. Rear No-Zone: 30 feet behind the trailer
3. Left Side No-Zone: From cab door backward
4. Right Side No-Zone: Largest blind spot – extends much further than left

Common locations in Travis County:

• I-35 lane changes near downtown Austin
• US-183 during rush hour
• SH-71 near the airport
• Rural roads with limited visibility

Evidence we gather:

• Mirror condition and adjustment at time of crash
• Lane change data from ECM/telematics
• Turn signal activation records
• Driver training on blind spot awareness

7. Tire Blowout Accidents

What happens: One or more tires on an 18-wheeler suddenly fail, causing the driver to lose control.

Statistics for Travis County:

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

Common causes in Travis County:

• Underinflated tires (common in Texas heat)
• Overloaded vehicles exceeding tire capacity
• Worn or aging tires not replaced
• Road debris punctures (common on rural FM roads)
• Manufacturing defects

Evidence we gather:

• Tire maintenance and inspection records
• Tire age and wear documentation
• Vehicle weight records (weigh station)
• Failed tire for defect analysis

8. Brake Failure Accidents

What happens: The truck’s braking system fails or underperforms, preventing the driver from stopping in time.

Statistics for Travis County:

• Brake problems are a factor in 29% of large truck crashes
• Brake system violations are among the most common FMCSA out-of-service violations

Common causes in Travis County:

• Worn brake pads or shoes not replaced
• Improper brake adjustment (too loose)
• Air brake system leaks or failures
• Overheated brakes (brake fade) on long descents (common on SH-71)
• Contaminated brake fluid
• Deferred maintenance to save costs

Evidence we gather:

• Brake inspection and maintenance records
• Out-of-service inspection history
• ECM data showing brake application and effectiveness
• Post-crash brake system analysis

9. Cargo Spill/Shift Accidents

What happens: Improperly secured cargo falls from a truck or shifts during transport, causing instability.

Statistics for Travis County:

• 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

Common causes in Travis 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

Evidence we gather:

• Cargo securement inspection photos
• Bill of lading and cargo manifest
• Loading company records
• Tiedown specifications and condition

10. Head-On Collisions

What happens: An 18-wheeler crosses into oncoming traffic and strikes vehicles traveling in the opposite direction.

Common causes in Travis County:

• Driver fatigue causing lane departure
• Driver falling asleep at the wheel
• Driver distraction (phone, GPS, dispatch)
• Impaired driving (drugs, alcohol)
• Medical emergency (heart attack, seizure)
• Overcorrection after running off road
• Wrong-way entry onto divided highways

Evidence we gather:

• ELD data for HOS compliance and fatigue
• ECM data showing lane departure and steering
• Cell phone records for distraction
• Driver medical records and certification
• Drug and alcohol test results

The Most Common FMCSA Violations in Travis County Trucking Accidents

FMCSA regulations exist to prevent exactly the types of accidents we see every day in Travis County. When trucking companies violate these rules, they create dangerous conditions that lead to catastrophic crashes.

Top 10 Violations We Find in Travis County Cases

1. Hours of Service Violations

   • Driving beyond 11-hour limit
   • No 30-minute breaks after 8 hours
   • False log entries (lying about driving time)
   • Driving beyond 14-hour duty window

2. False Log Entries

   • Paper logs that don’t match ELD data
   • “Double logging” (using two logbooks)
   • Falsifying off-duty time to appear compliant

3. Brake System Deficiencies

   • Worn brake pads or shoes
   • Improper brake adjustment
   • Air brake system leaks
   • Contaminated brake fluid

4. Cargo Securement Failures

   • Inadequate number of tiedowns
   • Tiedowns with insufficient working load limit
   • Improper blocking or bracing
   • Failure to re-inspect cargo during trip

5. Unqualified Driver

   • Operating without valid CDL
   • No current medical certificate
   • Disqualifying violations on record
   • No proper endorsements for cargo type

6. Drug/Alcohol Violations

   • Operating under the influence
   • Positive drug test results
   • Refusal to submit to testing
   • Possession of controlled substances

7. Mobile Phone Use

   • Texting while driving
   • Using hand-held phone while driving
   • Reaching for phone requiring leaving seated position

8. Failure to Inspect

   • No pre-trip inspection conducted
   • Ignoring known defects
   • No post-trip inspection report
   • No annual inspection

9. Improper Lighting

   • Non-functioning headlamps, tail lamps, or turn signals
   • Missing or damaged reflectors
   • Improperly aimed lights

10. Negligent Hiring

    • No background check conducted
    • Hiring driver with poor safety record
    • No previous employer verification
    • No drug test before hiring

How We Prove Violations to Win Your Case

Evidence Type	What It Shows	How We Obtain It
ECM/Black Box Data	Speed, braking, throttle position	Immediate preservation letter
ELD Records	Hours of service, fatigue violations	Subpoena to trucking company
Driver Qualification File	Hiring negligence, training gaps	Court order or subpoena
Maintenance Records	Deferred repairs, known defects	Records request to carrier
Inspection Reports	Pre-existing violations	FMCSA records request
Drug/Alcohol Tests	Impairment at time of accident	Subpoena to testing facility
Cell Phone Records	Distracted driving evidence	Court order to phone company
Dispatch Records	Pressure to violate HOS rules	Subpoena to trucking company
GPS/Telematics	Route, speed, location history	Preservation letter and subpoena
Dashcam Footage	Driver behavior, accident footage	Immediate preservation demand

The Devastating Injuries We See in Travis County Trucking Cases

When an 80,000-pound truck collides with a 4,000-pound car, the results are often catastrophic. These aren’t just injuries – they’re life sentences.

1. Traumatic Brain Injury (TBI)

What it is: Damage to the brain caused by sudden trauma, often from striking the steering wheel, dashboard, or being struck by objects.

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 in Travis County Patients:

• Persistent headaches
• Memory loss and confusion
• Difficulty concentrating
• Mood changes and depression
• Sleep disturbances
• Sensory problems (vision, hearing)
• Speech difficulties
• Personality changes

Lifetime Care Costs: $85,000 to $3,000,000+

2. Spinal Cord Injury

What it is: Damage to the spinal cord that disrupts communication between the brain and body, often resulting in paralysis.

Types of Paralysis:

Type	Definition	Impact
Paraplegia	Loss of function below the waist	Cannot walk, may affect bladder/bowel control
Quadriplegia	Loss of function in all four limbs	Cannot walk or use arms, may need breathing assistance
Incomplete Injury	Some nerve function remains	Variable – may have some sensation or movement
Complete Injury	No nerve function below injury	Total loss of sensation and movement

Level of Injury Matters:

• C1-C4 (High Cervical): May require ventilator for breathing
• C5-C8 (Low Cervical): Affects arms and hands to varying degrees
• T1-T12 (Thoracic): Affects trunk and legs
• L1-L5 (Lumbar): Affects hips and legs
• S1-S5 (Sacral): Affects bladder, bowel, sexual function

Lifetime Care Costs:

• Paraplegia (low): $1,100,000+
• Paraplegia (high): $2,500,000+
• Quadriplegia (low): $3,500,000+
• Quadriplegia (high): $5,000,000+

3. 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 Travis County Trucking 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

4. Severe Burns

How Burns Occur in Trucking 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	Prognosis
First	Epidermis only	Minor, heals without scarring	Good
Second	Epidermis and dermis	May scar, may need grafting	Variable
Third	Full thickness	Requires skin grafts, permanent scarring	Poor
Fourth	Through skin to muscle/bone	Multiple surgeries, amputation may be required	Very poor

Long-Term Consequences:

• Permanent scarring and disfigurement
• Multiple reconstructive surgeries
• Skin graft procedures
• Chronic pain
• Infection risks
• Psychological trauma

5. 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
• Often requires lengthy hospital stays

6. Wrongful Death

What it means: When a trucking accident kills a loved one due to someone else’s negligence.

Who Can Bring a Wrongful Death Claim in Texas:

• Surviving spouse
• Children (minor and adult)
• Parents (especially if no spouse or children)
• Estate representative

Damages Available Under Texas Law:

• Lost future income and employment benefits
• Loss of consortium (spousal companionship and relationship)
• Loss of parental guidance and nurturing (for surviving children)
• Mental anguish and emotional distress (for surviving family)
• Funeral and burial expenses
• Medical expenses incurred prior to death
• Pain and suffering experienced by decedent before death
• Punitive damages (in cases of gross negligence)

Texas Statute of Limitations: 2 years from date of death to file wrongful death lawsuit

The True Cost of Your Injuries: What You’re Really Entitled To

When you’re injured in an 18-wheeler accident in Travis County, you’re entitled to compensation for ALL the ways your life has been affected – not just your medical bills.

Types of Damages Recoverable in Texas

1. Economic Damages (Calculable Losses)

• Medical Expenses: Past, present, and future medical costs

  • Emergency room treatment
  • Hospital stays
  • Surgeries and procedures
  • Doctor visits
  • Medications
  • Medical equipment
  • Rehabilitation and therapy
  • Home health care
  • Future medical needs

• Lost Wages: Income lost due to injury and recovery

  • Time missed from work
  • Reduced earning capacity
  • Lost bonuses and benefits
  • Missed career opportunities

• Property Damage: Vehicle repair or replacement

  • Vehicle value if totaled
  • Rental car expenses
  • Personal property damaged in crash

• Out-of-Pocket Expenses:

  • Transportation to medical appointments
  • Home modifications for disability
  • Childcare during recovery
  • Household help

• Life Care Costs: Ongoing care for catastrophic injuries

  • Home health aides
  • Medical equipment
  • Modifications to home
  • Transportation needs

2. Non-Economic Damages (Quality of Life)

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

3. 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)

Texas Punitive Damages Cap:
Greater of (2x economic damages + non-economic damages capped at $750,000) OR $200,000

Documenting Your Damages: What You Need to Prove

Damage Category	Documentation Needed
Medical Expenses	Hospital bills, doctor invoices, pharmacy receipts, insurance statements, future treatment estimates
Lost Wages	Pay stubs, tax returns, employer letter confirming missed work, vocational expert report
Pain and Suffering	Medical records, personal journal, therapist notes, family/friend statements
Mental Anguish	Psychologist/psychiatrist records, medication records, personal journal
Property Damage	Repair estimates, vehicle value assessments, photos of damage
Future Needs	Life care plan from medical expert, vocational expert report, economist report

The Insurance Battle: How We Fight for Maximum Compensation

Trucking companies and their insurers have one goal: To pay you as little as possible. Our job is to make sure you get every dollar you deserve.

The Insurance Company Playbook: Tactics They Use Against You

Tactic	How They Use It	How We Counter It
Quick Lowball Settlement Offers	Offer money before you know extent of injuries	Never accept early offers; calculate full future damages first
Denying or Minimizing Injuries	Claim your injuries aren’t serious	Obtain comprehensive medical documentation and expert testimony
Blaming the Victim	Claim you were partially at fault	Investigate fully; gather evidence disproving fault allegations
Delaying the Claims Process	Drag out process hoping you’ll accept less	File lawsuit to force discovery; set depositions
Using Recorded Statements Against You	Get you to say things that hurt your case	Advise clients NEVER give statements without attorney present
“Pre-Existing Condition” Defense	Claim your injuries existed before the accident	Apply Texas “Eggshell Skull” doctrine (take plaintiff as found)
“Gap in Treatment” Attacks	Claim you weren’t really injured because you missed appointments	Document all treatment; explain gaps with medical records
Sending Surveillance Investigators	Film you doing activities to “prove” you’re not injured	Advise clients on appropriate conduct; expose unfair surveillance
Hiring “Independent” Medical Examiners	Get doctors to minimize your injuries	Counter with client’s treating physicians and independent experts
Drowning You in Paperwork	Overwhelm you with requests to pressure settlement	Aggressive litigation and motion practice to force resolution

Our Insider Advantage

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm. He knows exactly how they:

• Evaluate claims
• Train adjusters
• Build defenses
• Minimize payouts

Now he uses that knowledge to fight FOR you, not against you.

The Legal Process: What to Expect in Your Travis County Case

Step 1: Immediate Action (First 48 Hours)

• Call Attorney911: We answer 24/7
• Send Spoliation Letters: Demand preservation of all evidence
• Gather Evidence: Photos, witness statements, police reports
• Medical Treatment: Get evaluated immediately

Step 2: Investigation (Days 1-30)

• Obtain ECM/Black Box Data: Critical for proving speed, braking, fatigue
• Subpoena ELD Records: Hours of service violations
• Review Driver Qualification File: Negligent hiring evidence
• Inspect Maintenance Records: Brake, tire, and vehicle defects
• Analyze Drug/Alcohol Tests: Impairment evidence
• Interview Witnesses: Before memories fade
• Hire Experts: Accident reconstruction, medical experts

Step 3: Demand and Negotiation (Months 1-6)

• Calculate Full Damages: Medical bills, lost wages, pain and suffering
• Send Demand Letter: Formal claim to insurance company
• Negotiate Settlement: Push for maximum compensation
• Evaluate Offers: Never accept without our review

Step 4: Litigation (If Necessary)

• File Lawsuit: Before statute of limitations expires (2 years in Texas)
• Discovery: Exchange information with defendants
• Depositions: Question drivers, safety managers, witnesses
• Mediation: Attempt to settle before trial
• Trial Preparation: Prepare for court if necessary

Step 5: Resolution

• Settlement: Majority of cases resolve here
• Trial: If fair settlement can’t be reached
• Appeal: If necessary to protect your rights

Why Choose Attorney911 for Your Travis County Trucking Case

When you’re fighting a trucking company, you need more than just a lawyer – you need a team with the experience, resources, and determination to win.

Our Unique Advantages

1. 25+ Years of Trucking Litigation Experience
Ralph Manginello has been fighting trucking companies since 1998. He knows:

• How they operate
• What evidence to look for
• How to build winning cases
• How to negotiate from strength

2. Former Insurance Defense Attorney on Staff
Lupe Peña spent years working for insurance companies. He knows:

• How they evaluate claims
• What makes them settle
• How they minimize payouts
• What evidence they fear most

Now he uses that knowledge to fight FOR you.

3. Federal Court Experience
We’re admitted to practice in the U.S. District Court, Southern District of Texas – critical for interstate trucking cases that can be filed in federal court.

4. Multi-Million Dollar Results
We’ve recovered millions for trucking accident victims, including:

• $5+ Million – Logging Brain Injury Settlement
• $3.8+ Million – Car Accident Amputation Settlement
• $2+ Million – Maritime Back Injury Settlement
• $2.5M – Truck Crash Recovery

5. Local Travis County Knowledge
We know:

• The dangerous intersections and corridors
• The local courts and judges
• The trucking routes and distribution centers
• The local trauma centers and medical providers

6. 24/7 Availability
We answer calls 24 hours a day, 7 days a week. When you need us, we’re there.

7. No Fee Unless We Win
You pay nothing unless we recover compensation for you. We advance all costs of litigation.

8. 4.9-Star Client Satisfaction
With 251+ Google reviews, our clients consistently rate us 4.9 stars. Here’s what they say:

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client

“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client

Our Commitment to You

When you choose Attorney911, you’re not just getting a law firm – you’re getting a team that will:

• Treat you like family
• Fight for maximum compensation
• Keep you informed every step of the way
• Never settle for less than you deserve
• Stand up to the biggest trucking companies
• Be there for you 24/7

What to Do Right Now: Your Immediate Action Plan

Every minute counts after a trucking accident. Here’s what you need to do right now:

At the Scene

• Call 911: Report the accident and request medical assistance
• Seek Medical Attention: Even if injuries seem minor
• Document Everything: Take photos and video of:
  • All vehicle damage (inside and out)
  • The accident scene and road conditions
  • Your injuries
  • Street signs and traffic signals
  • The truck’s DOT number and company name
  • Witnesses and their contact information
• Get Driver Information: Name, CDL number, contact info, insurance details
• Get Trucking Company Information: Name, address, insurance details
• Talk to Witnesses: Get names and phone numbers
• Do NOT Admit Fault: Even saying “I’m sorry” can be used against you

After Leaving the Scene

• Follow Up with Medical Treatment: Keep all appointments
• Document Your Recovery: Keep a journal of symptoms and limitations
• Do NOT Give Recorded Statements: To any insurance company
• Do NOT Sign Anything: Without having it reviewed by an attorney
• Call Attorney911 Immediately: 1-888-ATTY-911

Why You Need to Act Fast

• Black box data can be overwritten in 30 days
• ELD records may only be retained for 6 months
• Dashcam footage often gets deleted within 7-14 days
• Witness memories fade quickly
• Physical evidence gets repaired or destroyed
• The trucking company’s team is already working to protect their interests

Frequently Asked Questions About Travis County Trucking Accidents

Immediate After-Accident Questions

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

If you’ve been in a trucking accident in Travis 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 at 1-888-ATTY-911

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. Travis County hospitals like Dell Seton Medical Center and St. David’s Medical Center 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 Travis 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 Travis 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 Travis 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?

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.

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 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

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 Travis 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 Travis 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 Travis County?

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

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

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

Legal Process Questions

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

The statute of limitations in Texas is 2 years for personal injury and wrongful death claims. 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.

Travis County Trucking Accident Resources

Local Hospitals and Trauma Centers

• Dell Seton Medical Center at The University of Texas – Level I Trauma Center
• St. David’s Medical Center – Level II Trauma Center
• Ascension Seton Medical Center Austin – Comprehensive stroke and trauma care
• St. David’s South Austin Medical Center – Emergency and trauma services
• North Austin Medical Center – Emergency and trauma care

Local Courts

• Travis County District Courts – Handle personal injury lawsuits
• Travis County Justice of the Peace Courts – Handle smaller claims
• U.S. District Court, Western District of Texas – Handles federal trucking cases

Local Trucking Corridors and Dangerous Areas

• I-35 – NAFTA corridor with heavy truck traffic
• US-183 – Major freight route serving Austin-Bergstrom Airport
• SH-130 – Toll road designed to divert truck traffic from I-35
• SH-71 – Connects Austin to Houston, serving major logistics hubs
• FM 973 – Rural route popular with truckers avoiding tolls
• I-35/US-183 Interchange – High-risk area for truck accidents
• Downtown Austin delivery zones – Increased truck traffic for local businesses

Local Trucking Companies and Distribution Centers

• Amazon Fulfillment Centers – Multiple locations in Travis County
• HEB Distribution Center – Major grocery distributor
• Tesla Gigafactory – Electric vehicle manufacturing with heavy freight
• Dell Technologies – Technology manufacturing and distribution
• Apple Campus – Technology company with significant freight needs

Your Next Step: Call Attorney911 Now

The evidence in your Travis County trucking accident case is disappearing fast. Black box data can be overwritten in 30 days. Dashcam footage gets deleted within days. Witness memories fade quickly.

Don’t let the trucking company’s team of lawyers protect their interests while you’re left unprotected.

Call Attorney911 now at 1-888-ATTY-911 for your free consultation. We’ll:

• Send spoliation letters immediately to preserve evidence
• Investigate your case thoroughly
• Identify all liable parties
• Build a strong claim for maximum compensation
• Fight for every dollar you deserve

Remember: You pay nothing unless we win your case. We advance all costs of litigation and only get paid when we recover compensation for you.

The trucking company has lawyers working right now to protect their interests. You deserve the same level of representation.

Call 1-888-ATTY-911 now. The evidence won’t wait – and neither should you.

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client

“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client