18-Wheeler Accident Lawyers in Upshur County, Texas
When an 80,000-Pound Truck Changes Your Life in an Instant
The moment an 18-wheeler crashes into your vehicle on Upshur County highways, your life changes forever. One minute you’re driving to work, running errands in Gilmer, or heading home from a high school football game in Big Sandy. The next, you’re facing catastrophic injuries, mounting medical bills, and the harsh reality that the trucking company responsible has already deployed its rapid-response legal team to protect its interests – not yours.
At Attorney911, we know Upshur County’s roads like the back of our hand. From the busy US-271 corridor that connects Pittsburg to Gilmer, to the rural routes where oil field trucks and logging haulers share the road with families, we’ve seen firsthand how trucking accidents devastate East Texas communities. Our team has been fighting for truck accident victims across Texas for over 25 years, and we’re ready to fight for you.
Why Upshur County Trucking Accidents Are Different
Upshur County’s unique geography and industry create specific trucking accident risks that require local knowledge:
- Oil and Gas Trucking: The Eagle Ford Shale operations bring heavy oilfield equipment through our county, often driven by fatigued workers under tight deadlines
- Logging Haulers: Timber trucks from our forests frequently travel rural roads with improperly secured loads
- Highway Corridors: US-271 and State Highway 155 see heavy truck traffic, including oversized loads and hazardous materials
- Distribution Centers: Warehouses serving East Texas create concentrated truck traffic in commercial zones
- Seasonal Variations: Hunting season, agricultural harvests, and holiday shopping create periodic spikes in truck traffic
We understand these local patterns and how they contribute to accidents on Upshur County roads.
The Attorney911 Advantage: Insider Knowledge of Trucking Company Tactics
What makes our firm different? Our team includes Lupe Peña, a former insurance defense attorney who spent years working for national trucking companies. He knows exactly how they:
- Train adjusters to minimize claims
- Pressure drivers to falsify log books
- Delay maintenance to save costs
- Destroy evidence before it can be used against them
- Use complex corporate structures to limit liability
This insider knowledge gives us an unfair advantage in building your case. We know every trick they’ll try, and we know how to counter it.
Common 18-Wheeler Accident Types in Upshur County
Jackknife Accidents on Our Highways
When a truck’s trailer swings out at a 90-degree angle, it becomes a deadly barrier across multiple lanes. These often occur on US-271 when drivers brake suddenly on wet roads or take curves too fast. The resulting multi-vehicle pileups can cause catastrophic injuries to everyone involved.
Underride Collisions: The Deadliest Trucking Accident
When a passenger vehicle slides underneath a trailer, the roof is often sheared off at windshield level. These accidents are particularly deadly on rural roads where lighting is poor and trucks make sudden stops. We’ve seen cases where entire families were killed in underride accidents on Upshur County roads.
Rollover Accidents on Our Rural Roads
Top-heavy trucks can roll over when taking curves too fast, especially when carrying uneven loads. These accidents are common on the winding roads around Lake Gilmer and the hilly terrain near Ore City. Rollover accidents often result in cargo spills that create additional hazards for other drivers.
Rear-End Collisions at Stoplights
With the trucking industry’s tight deadlines, drivers often follow too closely and can’t stop in time. These accidents frequently occur at the US-271 and SH-155 intersection in Gilmer, where trucks must stop suddenly for traffic signals. The force of an 80,000-pound truck hitting your vehicle at even 30 mph can cause life-altering injuries.
Wide Turn Accidents in Our Towns
When trucks swing wide to make right turns, they create dangerous gaps that smaller vehicles can enter. These “squeeze play” accidents are common in downtown Gilmer and at busy intersections throughout Upshur County. Pedestrians and cyclists are especially vulnerable to these types of accidents.
Tire Blowouts on Our Roads
With Upshur County’s summer heat and the heavy loads carried by oilfield and logging trucks, tire blowouts are a significant hazard. When a steer tire blows, the driver can lose control completely. We’ve handled cases where blowout debris caused secondary accidents with multiple vehicles.
Brake Failures on Our Hills
The terrain in Upshur County includes significant elevation changes that put extra stress on truck braking systems. When brakes fail on long descents, the results can be catastrophic. These accidents often occur on the hills approaching Gilmer from the north and south.
The Catastrophic Injuries We See in Upshur County Trucking Accidents
The physics of a collision between an 80,000-pound truck and a 4,000-pound passenger vehicle means injuries are often severe:
Traumatic Brain Injuries (TBI)
The violent forces in a trucking accident can cause the brain to impact the inside of the skull. We’ve represented clients with:
- Severe concussions requiring months of rehabilitation
- Permanent cognitive impairments affecting memory and decision-making
- Personality changes that strain family relationships
- Comas requiring long-term care facilities
Spinal Cord Injuries and Paralysis
When the spinal cord is damaged, the consequences are often permanent:
- Quadriplegia (loss of function in all four limbs)
- Paraplegia (loss of function in lower body)
- Partial paralysis with limited mobility
- Chronic pain requiring lifelong medication
Amputations
The crushing forces in trucking accidents often result in:
- Traumatic amputations at the scene
- Surgical amputations due to severe tissue damage
- Multiple limb loss in severe accidents
- Phantom limb pain and psychological trauma
Severe Burns
When fuel tanks rupture in trucking accidents, victims often suffer:
- Third-degree burns requiring skin grafts
- Facial burns causing permanent disfigurement
- Smoke inhalation injuries
- Long-term pain management needs
Internal Organ Damage
The blunt force trauma from trucking accidents can cause:
- Ruptured spleens requiring emergency removal
- Liver lacerations
- Kidney damage
- Internal bleeding that may not be immediately apparent
Wrongful Death
When trucking accidents prove fatal, we help families pursue wrongful death claims to recover:
- Lost future income for surviving family members
- Loss of companionship and guidance
- Funeral and burial expenses
- Pain and suffering endured before death
Who We Hold Accountable in Upshur County Trucking Cases
Unlike car accidents where typically only one driver is at fault, trucking accidents often involve multiple liable parties:
The Truck Driver
We investigate whether the driver was:
- Speeding or driving too fast for conditions
- Distracted by cell phone use or dispatch communications
- Fatigued from violating hours of service regulations
- Impaired by drugs or alcohol
- Improperly trained on the specific vehicle or route
The Trucking Company
We hold carriers accountable for:
- Negligent hiring of unqualified drivers
- Inadequate training programs
- Pressure to meet unrealistic delivery schedules
- Failure to maintain proper records
- Poor safety culture that prioritizes profits over safety
Cargo Owners and Shippers
When cargo issues contribute to accidents, we pursue:
- Companies that overloaded trucks beyond legal limits
- Those who failed to disclose hazardous materials
- Shippers who pressured carriers to meet tight deadlines
Loading Companies
Third-party loaders can be liable for:
- Improper cargo securement
- Unbalanced load distribution
- Failure to follow FMCSA securement regulations
- Using inadequate or worn tiedowns
Truck and Parts Manufacturers
When equipment fails, we investigate:
- Defective brake systems
- Faulty tires prone to blowouts
- Malfunctioning steering components
- Defective safety systems (ABS, ESC, collision warning)
Maintenance Companies
Third-party maintenance providers can be liable for:
- Negligent repairs that failed to fix problems
- Using substandard or incorrect parts
- Failing to identify critical safety issues
- Returning vehicles to service with known defects
Freight Brokers
Brokers who arrange transportation can be liable for:
- Negligent selection of carriers with poor safety records
- Failure to verify carrier insurance and authority
- Selecting the cheapest carrier despite safety concerns
Government Entities
In limited circumstances, we may pursue claims against:
- Upshur County for dangerous road design
- Texas Department of Transportation for maintenance failures
- Local municipalities for traffic signal malfunctions
The Critical Evidence We Preserve in Upshur County Trucking Cases
Evidence disappears quickly in trucking cases. We act fast to preserve:
Electronic Data That Can Be Overwritten
- ECM/Black Box Data: Records speed, braking, throttle position – critical for proving liability
- ELD Records: Electronic logs that prove hours of service violations
- GPS Tracking Data: Shows the truck’s exact route and timing
- Cell Phone Records: Prove distracted driving
- Dashcam Footage: Forward and cab-facing cameras that show driver behavior
Paper Records That Can Be Destroyed
- Driver Qualification Files: Prove negligent hiring if incomplete or falsified
- Maintenance Records: Show whether the truck was properly maintained
- Inspection Reports: Reveal pre-existing violations the company ignored
- Dispatch Records: Can show pressure to violate hours of service
- Drug and Alcohol Test Results: Prove impairment at the time of the accident
Physical Evidence That Can Disappear
- The truck and trailer themselves (often repaired or sold quickly)
- Failed components (brakes, tires, steering parts)
- Cargo and securement devices
- Tire remnants from blowouts
The FMCSA Regulations That Protect Upshur County Drivers
The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations that trucking companies must follow. We use these regulations to prove negligence:
Hours of Service Rules (49 CFR Part 395)
- 11-Hour Driving Limit: Drivers cannot drive more than 11 hours after 10 consecutive hours off duty
- 14-Hour Duty Window: Cannot drive beyond the 14th consecutive hour on duty
- 30-Minute Break: Required after 8 cumulative hours of driving
- 60/70-Hour Weekly Limit: Cannot drive after 60 hours in 7 days or 70 hours in 8 days
Violations of these rules contribute to approximately 31% of fatal truck crashes.
Driver Qualification Standards (49 CFR Part 391)
Trucking companies must maintain complete qualification files including:
- Employment applications
- Driving record checks
- Medical certification
- Drug and alcohol test results
- Previous employer verification
- Training documentation
Failure to maintain these files proves negligent hiring.
Vehicle Maintenance Requirements (49 CFR Part 396)
- Systematic inspection and maintenance programs
- Annual inspections by qualified inspectors
- Driver pre-trip and post-trip inspection reports
- Immediate repair of out-of-service violations
Brake system violations alone are a factor in 29% of large truck crashes.
Cargo Securement Rules (49 CFR Part 393)
- Working load limits for tiedowns
- Specific requirements by cargo type
- Performance criteria for securement systems
- Requirements for blocking, bracing, and friction mats
Cargo securement violations are among the top 10 most common FMCSA violations.
The Multi-Million Dollar Results We’ve Achieved for Trucking Accident Victims
While every case is different, our track record demonstrates what’s possible when trucking companies are held accountable:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- $2+ Million – Maritime Back Injury Settlement
- Millions recovered for families in trucking-related wrongful death cases
These results show that when trucking companies cut corners, they can and should be held accountable for the full extent of the harm they cause.
Why Upshur County Families Choose Attorney911
Local Knowledge of Upshur County Courts and Roads
We know the local judges, court staff, and legal landscape. We understand the specific challenges of trucking cases in Upshur County, from the oilfield traffic to the logging haulers on our rural roads.
Federal Court Experience
Our managing partner, Ralph Manginello, is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court access is critical for interstate trucking cases that often involve federal regulations.
Former Insurance Defense Attorney on Staff
Lupe Peña, our associate attorney, spent years working for national insurance defense firms. He knows exactly how trucking companies and their insurers evaluate claims and try to minimize payouts. Now he uses that knowledge to fight for you.
Bilingual Services for Upshur County’s Hispanic Community
Many truck drivers and accident victims in Upshur County speak Spanish as their primary language. Our team includes Spanish-speaking attorneys and staff, ensuring clear communication throughout your case.
24/7 Availability for Trucking Accident Emergencies
Trucking accidents don’t happen on a 9-to-5 schedule. We’re available around the clock to respond to your emergency and begin preserving critical evidence before it’s lost.
Contingency Fee Representation
You pay nothing unless we win your case. We advance all costs of investigation and litigation, and our fee comes only from the recovery we obtain for you.
What to Do After a Trucking Accident in Upshur County
If you’ve been involved in a trucking accident, follow these steps to protect your rights:
- Call 911 immediately – Report the accident and request medical assistance
- Seek medical attention – Even if you feel okay, some injuries aren’t immediately apparent
- Document the scene – Take photos of all vehicles, the accident scene, and your injuries
- Get trucking company information – Record the company name, DOT number, and driver information
- Collect witness information – Get names and contact information from anyone who saw the accident
- Do NOT give recorded statements – Insurance adjusters will try to get you to say things that hurt your case
- Call Attorney911 immediately – Time is critical to preserve evidence before it’s destroyed
The Attorney911 Process for Upshur County Trucking Cases
Immediate Response (0-72 Hours)
- We accept your case and send preservation letters the same day
- We deploy accident reconstruction experts to the scene if needed
- We obtain the police crash report
- We photograph your injuries with medical documentation
- We photograph all vehicles before they’re repaired or scrapped
- We identify all potentially liable parties
Evidence Gathering (Days 1-30)
- We subpoena ECM/black box data downloads
- We request the driver’s paper log books (backup documentation)
- We obtain the complete Driver Qualification File from the carrier
- We request all truck maintenance and inspection records
- We obtain the carrier’s CSA safety scores and inspection history
- We order the driver’s complete Motor Vehicle Record (MVR)
- We subpoena the driver’s cell phone records
- We obtain dispatch records and delivery schedules
Expert Analysis
- Accident reconstruction specialists create a crash analysis
- Medical experts establish causation and future care needs
- Vocational experts calculate lost earning capacity
- Economic experts determine the present value of all damages
- Life care planners develop comprehensive care plans for catastrophic injuries
- FMCSA regulation experts identify all violations
Litigation Strategy
- We file your lawsuit before the statute of limitations expires
- We pursue aggressive discovery against all potentially liable parties
- We depose the truck driver, dispatcher, safety manager, and maintenance personnel
- We build your case for trial while negotiating settlement from a position of strength
- We prepare every case as if it’s going to trial to create maximum leverage
The Upshur County Trucking Corridors We Know Best
Our familiarity with Upshur County’s trucking routes helps us build stronger cases:
US-271 Corridor
This major north-south route sees heavy truck traffic including:
- Oilfield equipment haulers
- Logging trucks
- Long-haul freight carriers
- Oversized load transports
Common accident locations:
- Intersection with SH-155 in Gilmer
- Approaches to the US-271 bridge over Lake Gilmer
- The stretch between Gilmer and Pittsburg
- Areas where the highway narrows or has sharp curves
State Highway 155
This east-west route carries significant truck traffic including:
- Local delivery trucks
- Agricultural haulers
- Oilfield service vehicles
- Logging trucks from area forests
Common accident locations:
- Intersection with US-271 in Gilmer
- The stretch between Gilmer and Big Sandy
- Areas with limited shoulder space
- Approaches to the SH-155 bridge over Lake Gilmer
Rural County Roads
Many of Upshur County’s rural roads see heavy truck traffic including:
- Oilfield service roads
- Logging routes from forested areas
- Agricultural hauling routes
- Gravel roads with poor maintenance
Common accident factors:
- Narrow roads with limited visibility
- Poor road maintenance and signage
- Heavy truck traffic mixed with local vehicles
- Limited cell service for emergency calls
Downtown Gilmer and Commercial Zones
The commercial areas of Gilmer see concentrated truck traffic including:
- Delivery trucks making local stops
- Oilfield supply deliveries
- Logging truck staging areas
- Warehouse and distribution center traffic
Common accident types:
- Wide turn accidents at intersections
- Rear-end collisions at stoplights
- Pedestrian and cyclist accidents
- Loading zone mishaps
The Insurance Battle You’re About to Face
Trucking companies and their insurers have teams of lawyers working to minimize your claim. Here’s what they’ll do:
Quick Lowball Settlement Offers
They’ll offer you a quick settlement before you understand