18-Wheeler Accident Lawyers in Upshur County, Texas

Every year, hundreds of families across East Texas are devastated by catastrophic 18-wheeler accidents on our highways. If you or someone you love has been seriously injured in a commercial truck crash in Upshur County, you need experienced legal representation that understands both the complex federal trucking regulations and the local courts that will handle your case.

At Attorney911, we’ve been fighting for truck accident victims throughout Texas for over 25 years. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements against major trucking companies, and our team includes a former insurance defense attorney who knows exactly how the trucking industry tries to minimize claims. When you’re facing life-altering injuries, you need attorneys who will fight just as hard as the trucking companies fight against you.

Why Upshur County Trucking Accidents Are Different

Upshur County sits at a critical juncture of major trucking routes that serve East Texas and the entire Gulf Coast region. The highways and roads here carry some of the heaviest commercial traffic in the state, including:

• US Highway 271 – A primary north-south route connecting Tyler to points north and south
• State Highway 155 – Running through Gilmer and connecting to major east-west corridors
• FM 1844 and other farm-to-market roads – Where large trucks mix with local traffic
• The Port of Longview corridor – Heavy truck traffic serving industrial facilities

These routes see a constant flow of 18-wheelers carrying everything from oilfield equipment to consumer goods bound for distribution centers. The mix of local traffic, commercial trucks, and varying road conditions creates unique hazards that require specialized legal knowledge.

Common Causes of 18-Wheeler Accidents in Upshur County

Our experience handling trucking cases throughout East Texas has shown us that most 18-wheeler accidents fall into predictable patterns:

Driver Fatigue and Hours of Service Violations

Federal regulations limit truck drivers to 11 hours of driving after 10 consecutive hours off duty, with a maximum 14-hour on-duty window. Despite these rules, we frequently find drivers violating these limits due to pressure from trucking companies. In Upshur County, where many drivers are hauling loads to and from the Port of Longview or oilfield operations, fatigue is a constant risk.

The Electronic Logging Device (ELD) mandate requires most commercial trucks to use tamper-resistant devices that record driving time. However, we’ve seen cases where:

• Drivers falsify their logs to hide overtime
• Companies encourage drivers to “fudge” their hours
• Dispatchers create unrealistic schedules that force violations
• Drivers work second jobs during their required rest periods

When we investigate these cases, we subpoena the ELD records and compare them to dispatch logs, fuel receipts, and other documentation to uncover violations.

Improper Cargo Loading and Securement

Cargo securement failures cause rollover accidents, jackknife crashes, and dangerous debris spills on Upshur County roads. Federal regulations (49 CFR § 393.100-136) require specific securement methods for different types of cargo, but we frequently find:

• Inadequate tiedowns for the cargo weight
• Improper load distribution causing instability
• Failure to use blocking, bracing, or friction mats
• Overloaded trailers exceeding weight limits
• Loose tarps allowing cargo to shift

These violations are particularly dangerous on the winding roads around Lake Gilmer and the hilly terrain of northern Upshur County.

Brake Failures and Poor Maintenance

Brake problems are a factor in nearly 30% of all truck accidents. The long descents on Highway 155 and the stop-and-go traffic in Gilmer create heavy brake usage that can lead to:

• Worn brake pads or shoes not replaced
• Improper brake adjustments
• Air brake system leaks
• Brake fade from overheating
• Contaminated brake fluid
• Complete brake failure

We work with mechanical experts to examine maintenance records and determine whether the trucking company failed to properly inspect and repair brake systems.

Underride Collisions

Some of the most horrific trucking accidents we see involve passenger vehicles sliding underneath trailers. These underride collisions often result in decapitation or catastrophic head and neck injuries. While federal regulations require rear underride guards on most trailers, there is no requirement for side underride protection.

In Upshur County, we’ve handled cases where:

• Missing or damaged rear guards failed to prevent underride
• Trailers lacked reflective tape making them hard to see at night
• Drivers made wide turns that exposed the sides of their trailers
• Poor lighting conditions contributed to visibility problems

Tire Blowouts

The hot Texas summers and heavy loads carried by trucks in Upshur County create ideal conditions for tire failures. Common causes we investigate include:

• Underinflated tires causing overheating
• Overloaded vehicles exceeding tire capacity
• Worn or aged tires not replaced
• Road debris punctures
• Manufacturing defects
• Improper tire matching on dual wheels

A tire blowout at highway speeds can cause the driver to lose control, leading to rollovers, jackknifes, or multi-vehicle pileups.

Catastrophic Injuries from Upshur County Trucking Accidents

The sheer size and weight of 18-wheelers mean that accidents often result in life-altering injuries. We’ve represented clients who have suffered:

Traumatic Brain Injuries (TBI)

The violent forces in a trucking accident can cause the brain to impact the inside of the skull, resulting in:

• Concussions (mild TBI)
• Moderate TBI with extended unconsciousness
• Severe TBI leading to permanent cognitive impairment
• Memory problems and personality changes
• Speech and language difficulties
• Increased risk of dementia and Alzheimer’s

Many of our clients with TBI require lifelong care, costing millions of dollars over their lifetime.

Spinal Cord Injuries and Paralysis

Damage to the spinal cord can result in permanent paralysis:

• Paraplegia – Loss of function below the waist
• Quadriplegia – Loss of function in all four limbs
• Incomplete injuries – Some nerve function remains
• Complete injuries – Total loss of sensation and movement below the injury

The level of injury determines the extent of paralysis and the need for assistive devices.

Amputations

The crushing forces in trucking accidents often result in traumatic amputations or require surgical removal of limbs. Our clients have faced:

• Arm or leg amputations
• Multiple limb loss
• Prosthetic fittings and rehabilitation
• Phantom limb pain
• Psychological trauma from disfigurement

Severe Burns

Trucking accidents frequently result in fires from fuel tank ruptures or cargo spills. We’ve handled cases involving:

• First-degree burns (superficial)
• Second-degree burns (partial thickness)
• Third-degree burns (full thickness requiring skin grafts)
• Fourth-degree burns (damage to muscle and bone)
• Permanent scarring and disfigurement
• Multiple reconstructive surgeries

Internal Organ Damage

The impact forces in trucking accidents can cause severe internal injuries:

• Liver lacerations or ruptures
• Spleen damage requiring removal
• Kidney injuries
• Lung contusions or pneumothorax (collapsed lung)
• Internal bleeding
• Bowel and intestinal damage

These injuries often require emergency surgery and can be life-threatening.

Wrongful Death

When trucking accidents prove fatal, surviving family members may bring wrongful death claims to recover:

• Lost future income and benefits
• Loss of companionship and guidance
• Mental anguish and emotional suffering
• Funeral and burial expenses
• Medical expenses before death
• Punitive damages in cases of gross negligence

Who Can Be Held Liable in an Upshur County Trucking Accident?

One of the most important aspects of trucking accident cases is identifying all potentially liable parties. Unlike car accidents where typically only one driver is at fault, trucking accidents often involve multiple defendants:

The Truck Driver

The driver may be personally liable for:

• Speeding or reckless driving
• Distracted driving (cell phone use, texting)
• Fatigued driving beyond legal limits
• Impaired driving (drugs or alcohol)
• Failure to conduct proper pre-trip inspections
• Violation of traffic laws

The Trucking Company

Trucking companies are often the primary defendants because they carry the highest insurance limits. They can be liable for:

• Vicarious liability – Responsibility for their employees’ actions
• Negligent hiring – Failing to check driver qualifications
• Negligent training – Inadequate safety training
• Negligent supervision – Failing to monitor driver performance
• Negligent maintenance – Poor vehicle upkeep
• Negligent scheduling – Pressuring drivers to violate hours of service rules

Cargo Owners and Shippers

The companies that own the cargo and arrange for its shipment may be liable for:

• Providing improper loading instructions
• Failing to disclose hazardous cargo
• Requiring overweight loads
• Pressuring carriers to expedite shipments

Cargo Loading Companies

Third-party loading companies that physically load cargo may be liable for:

• Improper cargo securement
• Unbalanced load distribution
• Exceeding vehicle weight ratings
• Failure to train loaders on securement requirements

Truck and Trailer Manufacturers

Manufacturers may be liable for design or manufacturing defects:

• Brake system failures
• Stability control defects
• Fuel tank placement creating fire hazards
• Defective safety systems
• Underride guard failures

Parts Manufacturers

Companies that manufacture specific components may be liable for:

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

Maintenance Companies

Third-party maintenance providers 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 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

Truck Owners (If Different from Carrier)

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

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

Government Entities

In limited circumstances, government entities may be liable for:

• Dangerous road design
• Failure to maintain roads
• Inadequate signage
• Improper work zone setup

The 48-Hour Evidence Preservation Protocol

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

Why 48 Hours Matters

The Spoliation Letter

Within 24-48 hours of being retained, we send formal spoliation letters to:

• The trucking company
• Their insurance company
• All potentially liable parties

This legal notice demands preservation of all evidence related to the accident and puts defendants on notice that destroying evidence will result in serious legal consequences.

What We Demand to Be Preserved

Electronic Data:

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

Driver Records:

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

Vehicle Records:

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

Company Records:

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

Physical Evidence:

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

How We Investigate Upshur County Trucking Accidents

Our investigation process is thorough and aggressive, designed to uncover all evidence of negligence:

Phase 1: Immediate Response (0-72 Hours)

• Accept your case and send preservation letters the same day
• Deploy accident reconstruction experts to the scene if needed
• Obtain the police crash report
• Photograph your injuries with medical documentation
• Photograph all vehicles before they are repaired or scrapped
• Identify all potentially liable parties

Phase 2: Evidence Gathering (Days 1-30)

• Subpoena ELD/black box data downloads
• Request the driver’s paper log books (backup documentation)
• Obtain the complete Driver Qualification File from the carrier
• Request all truck maintenance and inspection records
• Obtain the carrier’s CSA safety scores and inspection history
• Order the driver’s complete Motor Vehicle Record (MVR)
• Subpoena the driver’s cell phone records
• Obtain dispatch records and delivery schedules

Phase 3: Expert Analysis

• Accident reconstruction specialist creates crash analysis
• Medical experts establish causation and future care needs
• Vocational experts calculate lost earning capacity
• Economic experts determine present value of all damages
• Life care planners develop comprehensive care plans for catastrophic injuries
• FMCSA regulation experts identify all violations

Phase 4: Litigation Strategy

• File lawsuit before the statute of limitations expires
• Pursue aggressive discovery against all potentially liable parties
• Depose the truck driver, dispatcher, safety manager, and maintenance personnel
• Build your case for trial while negotiating settlement from a position of strength
• Prepare every case as if going to trial to create maximum leverage in negotiations

Texas-Specific Laws That Affect Your Case

Texas has unique laws that impact trucking accident cases:

Statute of Limitations

In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the statute is also 2 years from the date of death. However, you should never wait this long to contact an attorney. Evidence disappears quickly, and the sooner we begin our investigation, the stronger your case will be.

Comparative Negligence

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

• If you are 50% or less at fault, you can recover damages
• Your recovery is reduced by your percentage of fault
• If you are 51% or more at fault, you cannot recover anything

For example, if you are found 20% at fault and your damages are $1,000,000, you would recover $800,000. If you are found 51% at fault, you would recover nothing.

Damage Caps

Texas has specific rules about damage caps:

• No cap on economic damages (medical expenses, lost wages)
• No cap on non-economic damages in most personal injury cases
• Punitive damages are capped at the greater of:
  • (2 × economic damages) + (non-economic damages up to $750,000), OR
  • $200,000

Insurance Requirements

Federal law requires commercial trucks to carry minimum liability insurance:

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

Many carriers carry $1-5 million or more in coverage, which means catastrophic injuries can actually be compensated.

What Your Case Might Be Worth

The value of your case depends on many factors, including:

• Severity of your injuries
• Medical expenses (past and future)
• Lost income and earning capacity
• Pain and suffering
• Degree of the defendant’s negligence
• Insurance coverage available
• Whether punitive damages are available

Based on our experience handling Texas trucking cases, here are typical settlement ranges:

Catastrophic Injuries

Serious Injuries

Moderate Injuries

These ranges are based on actual settlements and verdicts we’ve achieved for clients, but every case is unique. The specific facts of your accident, the extent of your injuries, and the degree of negligence will determine your case’s value.

Why Choose Attorney911 for Your Upshur County Trucking Case

When you’re facing the aftermath of a catastrophic trucking accident, you need more than just any attorney – you need a team with specific experience fighting major trucking companies. Here’s why Attorney911 is the right choice:

25+ Years of Trucking Litigation Experience

Our managing partner, Ralph Manginello, has been handling trucking accident cases since 1998. He has:

• Recovered multi-million dollar settlements and verdicts for trucking accident victims
• Federal court admission to the U.S. District Court, Southern District of Texas
• Experience in BP explosion litigation against multinational corporations
• A track record of holding trucking companies accountable for negligent hiring, training, and supervision

Insider Knowledge of Insurance Company Tactics

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm before joining Attorney911. He knows exactly how insurance companies:

• Evaluate and minimize claims
• Train their adjusters to lowball victims
• Use recorded statements against claimants
• Identify and exploit weaknesses in cases

This insider knowledge gives us a critical advantage in negotiations and litigation.

Proven Results in Trucking Cases

We’ve secured substantial recoveries for trucking accident victims, including:

• $5+ Million – Logging brain injury settlement
• $3.8+ Million – Car accident amputation settlement (staph infection during treatment)
• $2.5+ Million – Truck crash recovery
• $2+ Million – Maritime back injury settlement
• Millions recovered for families in trucking-related wrongful death cases

Local Knowledge of Upshur County

We understand the unique challenges of trucking cases in Upshur County:

• The specific highways and intersections where accidents frequently occur
• The local courts and judges who will handle your case
• The trucking routes serving the Port of Longview and oilfield operations
• The local medical facilities where you may receive treatment
• The jury pool in Upshur County and what they expect to see in trucking cases

Aggressive Litigation Approach

We prepare every case as if it’s going to trial. This approach:

• Creates maximum leverage in settlement negotiations
• Shows insurance companies we’re willing to go to court
• Demonstrates to defendants that we won’t accept lowball offers
• Ensures we’re ready to present your case to a jury if necessary

Compassionate Client Service

We understand that you’re going through one of the most difficult times of your life. Our team provides:

• Personal attention from experienced attorneys
• Regular case updates and communication
• Help coordinating medical treatment
• Assistance with immediate financial needs
• Support throughout the entire legal process

No Fee Unless We Win

We work on a contingency fee basis, which means:

• You pay nothing upfront
• We advance all costs of investigation and litigation
• You only pay if we win your case
• Our fee comes from the recovery, not your pocket

What to Do After an 18-Wheeler Accident in Upshur County

If you’ve been involved in a trucking accident in Upshur County, take these steps to protect your rights:

1. Call 911 immediately – Report the accident and request medical assistance
2. Seek medical attention – Even if you feel okay, get checked out. Many injuries aren’t immediately apparent
3. Document the scene – Take photos and videos of:
   • All vehicles involved
   • Damage to your vehicle
   • The truck and trailer
   • Road conditions
   • Traffic signals and signs
   • Your injuries
   • Skid marks and debris
4. Get information from the truck driver:
   • Name and contact information
   • Commercial driver’s license (CDL) number
   • Trucking company name and contact information
   • Insurance information
   • DOT number from the truck
5. Collect witness information – Get names and phone numbers of anyone who saw the accident
6. Don’t give statements – Do not give recorded statements to any insurance company
7. Call Attorney911 immediately – The sooner we get involved, the better we can protect your rights

Upshur County Trucking Corridors We Know Well

Our experience handling trucking cases throughout East Texas gives us deep familiarity with the specific hazards of Upshur County’s major trucking routes:

US Highway 271

Running north-south through Upshur County, Highway 271 connects Tyler to points north and south. This route sees heavy truck traffic serving:

• The Port of Longview
• Oilfield operations
• Local industries
• Distribution centers

Key hazards we’ve identified:

• Narrow lanes in some sections
• Limited shoulders
• Mix of local and commercial traffic
• Speed differentials between trucks and passenger vehicles
• Limited passing opportunities

State Highway 155

Highway 155 runs east-west through Gilmer and connects to major corridors. Truck traffic includes:

• Oilfield equipment haulers
• Timber trucks
• Agricultural products
• General freight

Known problem areas:

• The winding section east of Gilmer
• The intersection with US 271
• The area around Lake Gilmer
• The descent into the Sabine River valley

Farm-to-Market Roads

Upshur County’s FM roads see significant truck traffic mixing with local vehicles:

• FM 1844 – Connects Gilmer to surrounding communities
• FM 49 – Major east-west route
• FM 852 – Serves northern Upshur County

Hazards on these roads include:

• Narrow lanes and limited shoulders
• Sharp curves and steep grades
• Limited visibility at intersections
• Poor lighting conditions
• Mix of agricultural equipment and commercial trucks

Industrial Corridors

The areas around industrial facilities and the Port of Longview see concentrated truck traffic:

• Heavy equipment haulers
• Chemical tankers
• Container trucks
• Specialized freight carriers

These areas present unique risks:

• Congested traffic patterns
• Complex intersections
• Specialized vehicles with limited visibility
• Hazardous materials transport

Common Trucking Companies Operating in Upshur County

We have experience litigating against major trucking companies that operate in Upshur County, including:

• Walmart – One of the largest private trucking fleets in the country
• FedEx – Major presence in the region
• UPS – Extensive local operations
• Swift Transportation – Major carrier with significant East Texas presence
• Werner Enterprises – Common on Upshur County highways
• J.B. Hunt – Major interstate carrier
• Schneider National – Significant regional operations
• Heartland Express – Common in Texas
• Local and regional carriers serving the Port of Longview and oilfield operations

Our experience with these carriers gives us insight into their specific safety practices, insurance coverage, and litigation strategies.

Upshur County Courts and Legal Resources

Understanding the local legal landscape is crucial for building an effective case:

Upshur County Courts

• Upshur County Courthouse – 100 W Tyler St, Gilmer, TX 75644
• District Courts – Handle major civil cases including trucking accidents
• County Courts at Law – Handle civil cases with lower damage amounts
• Justice of the Peace Courts – Handle minor civil matters

Local Hospitals and Trauma Centers

If you’re injured in an Upshur County trucking accident, you may receive treatment at:

• UT Health East Texas – Gilmer – 712 N Wood St, Gilmer, TX 75644
• UT Health East Texas – Pittsburg – 1005 W Henderson St, Pittsburg, TX 75686
• Longview Regional Medical Center – 2901 N 4th St, Longview, TX 75605
• Christus Good Shepherd Medical Center – 700 E Marshall Ave, Longview, TX 75601

Law Enforcement Agencies

Accident reports may be handled by:

• Upshur County Sheriff’s Office – 405 Titus St, Gilmer, TX 75644
• Gilmer Police Department – 219 Titus St, Gilmer, TX 75644
• Texas Department of Public Safety – For accidents on state highways

Frequently Asked Questions About Upshur County Trucking Accidents

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

If you’ve been in a trucking accident in Upshur County, take these steps immediately if you’re able:

• Call 911 and report the accident
• Seek medical attention, even if injuries seem minor
• Document the scene with photos and video if possible
• Get the trucking company name, DOT number, and driver information
• Collect witness contact information
• Do NOT give recorded statements to any insurance company
• Call an 18-wheeler accident attorney immediately

Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, traumatic brain injuries, and spinal injuries may not show symptoms for hours or days. Upshur County hospitals like UT Health East Texas – Gilmer 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?

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 Upshur 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.

Who can I sue after an 18-wheeler accident in Upshur 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.

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

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

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

This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.

What records should my attorney get from the trucking company?

We pursue:

• ECM/Black box data
• ELD records
• Driver Qualification File
• Maintenance records
• Inspection reports
• Dispatch logs
• Drug and alcohol test results
• Training records
• Cell phone records
• Insurance policies
• The physical truck and trailer

Can the trucking company destroy evidence?

Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:

• Instruct juries to assume destroyed evidence was unfavorable
• Impose monetary sanctions
• Enter default judgment in extreme cases
• Award punitive damages

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.

How much are 18-wheeler accident cases worth in Upshur 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 Upshur County?

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

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

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

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

The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do trucking accident cases take to resolve?

Timelines vary:

• Simple cases with clear liability: 6-12 months
• Complex cases with multiple parties: 1-3 years
• Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

Will my trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.

Do I need to pay anything upfront to hire your firm?

NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. 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 Upshur County, don’t wait. Evidence is disappearing every hour. The trucking company has lawyers working to protect their interests – you need someone protecting yours.

Call Attorney911 now at 1-888-ATTY-911 for a free consultation. Our Upshur County trucking accident attorneys are available 24/7 to answer your questions and help you understand your rights.

“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

Don’t let the trucking company push you around. Call 1-888-ATTY-911 today and let us fight for the compensation you deserve. Hablamos Español.