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Upshur County Truck Accident Attorneys: Attorney911 and Former Insurance Defense Attorney Lupe Peña Destroy the Playbooks of Great West Casualty, Old Republic and Zurich to Win Multi-Million Results — $5M+ Logging Truck Brain Injury, $3.8M+ Amputation and $50+ Million Total Recovered — We Fight 80,000-Pound Walmart 18-Wheelers, Halliburton Oilfield Trucks, Heavy Logging Haulers and Amazon Box Trucks Before Black Box Data is Overwritten in 30 Days, 25+ Years Experience Under Ralph Manginello Extracting Samsara ELD and DriveCam Evidence, Jackknife, Rollover and Underride Crashes, Pedestrians and Motorcyclists Struck with $750,000+ Federal Insurance Minimums Exposed — Free 24/7 Consultation, No Fee Unless We Win, 1-888-ATTY-911, Hablamos Español

February 19, 2026 17 min read
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Upshur County Truck Accident Lawyers: Fighting for Victims of 18-Wheeler and Commercial Vehicle Crashes

The impact of an 80,000-pound truck isn’t just a traffic event; it is a life-altering catastrophe. When a fully loaded tractor-trailer slams into a passenger vehicle on US-271 or US-259 in Upshur County, the laws of physics are not on your side. Your car weighs maybe 4,000 pounds. The truck that hit you is 20 times that size. In that split second of impact, your health, your career, and your family’s future are thrown into jeopardy.

At Attorney911, we recognize that you are not just a case number. We treat our clients like family because we know exactly what is at stake. Since 1998, our managing partner, Ralph Manginello, has been the shield for injury victims, bringing over 25 years of courtroom experience to every case we handle. We have gone toe-to-toe with the world’s largest corporations, including BP in the Texas City refinery litigation, and we have recovered multi-million dollar settlements for families in Upshur County and across Texas.

If you have been hurt, the clock is already ticking. The trucking company’s rapid-response team was likely at the scene before the debris was even cleared. You need a team that moves just as fast. Our associate attorney, Lupe Peña, provides an insider’s advantage: he used to work for the insurance companies. He knows their playbook, he knows how they undervalue claims, and now he uses that knowledge to fight for you.

Don’t wait for evidence to disappear. Call Attorney911 at 1-888-ATTY-911 for a free, confidential consultation. Hablamos Español.

The Reality of Commercial Trucking in Upshur County

Upshur County is a critical hub for East Texas industry. From the constant flow of timber being hauled to regional mills to the heavy equipment and water trucks serving the Haynesville Shale and neighboring oilfield operations, our roads are shared with massive commercial vehicles every hour of the day. Whether it is a logging truck on a narrow FM road or an 18-wheeler barreling through Gilmer on US-271, the risks are constant.

Every 16 minutes, someone in America is injured in a truck crash. In Texas, we see more of these fatalities than any other state. When these accidents happen in Upshur County, the injuries are often devastating—traumatic brain injuries, spinal cord damage, and amputations are common when 80,000 pounds of steel meets a standard sedan.

We represent victims of every type of truck accident, including:

  • 18-Wheeler and Semi-Truck Crashes: The backbone of Texas freight, but also the most dangerous vehicles on our highways.
  • Logging Truck Accidents: Unique to our region, these loads are inherently unstable and can become lethal projectiles if unsecured.
  • Oilfield Vehicles: Sand haulers, crude tankers, and crew transport vans that operate 24/7 under intense schedule pressure.
  • Corporate Delivery Fleets: Vans and box trucks from companies like Amazon, Walmart, FedEx, and UPS.
  • Construction Vehicles: Dump trucks and concrete mixers that often operate with overloaded axles and blind spots.

Why 48 Hours is Critical for Your Case

In Upshur County trucking accidents, evidence is fragile. Within 30 days—and sometimes much sooner—the data on a truck’s Engine Control Module (ECM), commonly known as the “black box,” can be overwritten. The Electronic Logging Device (ELD) data that proves a driver was violating hours-of-service rules can be lost.

The moment we are retained, we send out formal spoliation letters to the trucking company and every potentially liable party. This letter is a legal mandate that requires them to preserve:

  1. ECM/Black Box Data: Speed, braking, and throttle position in the seconds before impact.
  2. ELD Logs: Objective proof of how long the driver had been behind the wheel without a break.
  3. Dashcam and In-Cab Video: Many corporate fleets, like those from Amazon or Walmart, use AI monitoring systems like Netradyne or Lytx. We demand this footage before it reaches its deletion cycle.
  4. Maintenance Records: Proof of whether the brakes were worn out or the tires were bald.
  5. Driver Records: The Driver Qualification File, which tells us if the company hired someone with a history of DWI or reckless driving.

The trucking company’s lawyers are already building their defense. You need to build your case. Call us now at 888-ATTY-911.

The Attorney911 Advantage: Insider Knowledge of Insurance Tactics

Many firms claim they handle truck accidents, but we bring a specific tactical advantage to Upshur County. Our associate attorney, Lupe Peña, spent years working at a national insurance defense firm. He was trained to look for ways to deny claims and minimize payouts.

Today, that “insider” knowledge is your greatest weapon. We know exactly how insurance adjusters use algorithms like Colossus to undervalue your pain and suffering. We know the “pre-existing condition” trap they try to set. Most importantly, we know when they are offering a lowball settlement just to make you go away before you realize the true extent of your injuries.

As client Donald Wilcox said after a different firm rejected his case: “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.” We don’t back down from difficult cases because we know how to find the evidence others miss.

Types of Catastrophic Truck Accidents in Upshur County

Logging Truck Accidents on East Texas Roads

Upshur County sits in the heart of timber country. Logging trucks present a unique danger. These trucks often carry 80,000 pounds or more of cylindrical timber. If the tiedowns fail or the load is unbalanced, the results are catastrophic. Under 49 CFR Part 393, federal regulations specifically dictate how these loads must be secured. We investigate whether the timber was properly bunched, if the stakes were structurally sound, and if the driver was speeding on the winding roads of East Texas.

Oilfield Vehicle and Tanker Crashes

The oil and gas industry runs on trucks. In the Permian Basin and the Haynesville Shale regions near Upshur County, we see a massive influx of water haulers and sand trucks. These drivers often work 12-to-14-hour shifts, leading to extreme fatigue. When an overloaded water tanker rolls over on a lease road or a rural FM road, the “slosh effect” of the liquid cargo can make the truck impossible to control. We hold the oil companies accountable for the production schedules that pressure these drivers to skip sleep.

18-Wheeler Jackknife and Rollover

A jackknife occurs when a truck’s trailer swings out perpendicular to the cab. This often happens on US-271 during rain or when a driver takes a curve too fast. Once a jackknife begins, it often sweeps across three lanes of traffic, creating a multi-car pileup. We use accident reconstruction experts to prove the driver violated safe speed requirements under 49 CFR § 392.6.

Underride Collisions

Underride accidents are among the most lethal. This occurs when a smaller vehicle slides underneath the back or side of a trailer. These collisions often result in decapitation or severe traumatic brain injuries because the car’s safety features—airbags and crumple zones—are bypassed. We investigate whether the truck was equipped with required rear impact guards under 49 CFR § 393.86 and if those guards were properly maintained.

Corporate Fleet and Delivery Van Accidents

If you were hit by an Amazon van or a Walmart truck in Gilmer, Gladewater, or Big Sandy, you aren’t just fighting a driver—you are fighting a corporate giant. Amazon often uses “Delivery Service Partners” (DSPs) to shield themselves from liability. We know how to pierce that shield. We look at the level of control Amazon exercises over these drivers—from their routes to their uniforms—to prove that Amazon is the one who should pay for your recovery.

If you were hit by any commercial vehicle in Upshur County, you deserve maximum compensation. Call 1-888-288-9911 today.

Proving Negligence: The 6 Pillars of FMCSA Regulations

Trucking is a heavily regulated industry. When a truck driver or company violates the Federal Motor Carrier Safety Administration (FMCSA) rules, it is strong evidence of negligence. We look for violations in these critical areas:

Regulation Part Legal Requirement How It Wins Your Case
Part 395: Hours of Service Limits driving to 11 hours and requires a 10-hour rest period. Proves the driver was fatigued and too tired to react to traffic.
Part 391: Driver Qualification Requires companies to verify a driver’s CDL, medical exam, and background. Establishes “Negligent Hiring” if the driver was unqualified or unfit.
Part 396: Inspection & Maintenance Mandatory daily inspections and systematic vehicle maintenance. Proves the company ignored bad brakes or bald tires to save money.
Part 393: Vehicle Safety / Cargo Sets standards for lighting, brakes, and cargo securement. Proves the crash was caused by equipment failure or shifting loads.
Part 392: Driving Rules Prohibits speeding, drug use, and distracted driving (cell phones). Establishes direct negligence by the driver at the moment of the crash.
Part 382: Drug and Alcohol Testing Mandates random, post-accident, and pre-employment screening. A positive test result can lead to automatic liability and punitive damages.

Multiple Liable Parties: Who Pays for Your Injuries?

Most people think only the truck driver is responsible. In Upshur County trucking cases, we investigate up to 16 different parties to ensure we access every available insurance policy. This is how we maximize your recovery.

  1. The Truck Driver: For direct negligence like speeding or distraction.
  2. The Trucking Company: Under the doctrine of respondeat superior, the employer is liable for their driver’s actions.
  3. The Oilfield Operator: If the truck was working for an oil company (like Chevron or Halliburton), the operator may be liable for worksite safety failures.
  4. The Cargo Owner/Loader: If an improperly secured load shifted and caused a rollover.
  5. The Freight Broker: For hiring a carrier with a known bad safety record.
  6. The Truck/Parts Manufacturer: If a defective brake or tire caused the crash.
  7. The Rental Company: Companies like U-Haul or Penske may be liable for negligent maintenance or entrustment.
  8. The Corporate Parent: Proving companies like Amazon or Walmart controlled the driver’s actions.

By identifying multiple defendants, we can “stack” insurance policies. While a driver might have a $750,000 policy, the corporate parent often has over $50 million in excess umbrella coverage. We don’t stop until we find every dollar you are owed.

Catastrophic Injuries and Their Impact on Your Life

When an 18-wheeler changes your life in an instant, the medical bills are just the beginning. We focus on the long-term impact of your injuries to ensure your settlement covers your needs for the rest of your life. We have recovered millions for victims with:

Traumatic Brain Injury (TBI)

A brain injury doesn’t always involve a skull fracture. The violent acceleration and deceleration of a truck impact can cause axonal shearing—or tearing of the brain’s connective fibers. Symptoms like memory loss, personality changes, and inability to concentrate can make returning to your job in Upshur County impossible. Our TBI settlements have ranged from $1.5 million to over $9.8 million.

Spinal Cord Injuries and Paralysis

A crushed vertebra can mean a lifetime in a wheelchair. The costs of home modifications, 24/7 care, and specialized medical equipment for a quadriplegic or paraplegic victim easily reach into the millions. We work with life care planners to project your total lifetime costs. Our results in spinal cord cases have reached $25.8 million.

Amputations and Crush Injuries

Losing a limb in an 18-wheeler rollover is a horrific trauma. Beyond the initial surgeries, you will need prosthetics that must be replaced every few years for the rest of your life. We fight for compensation that covers the best available technology and physical therapy. Our amputation case results range from $1.9 million to $8.6 million.

Wrongful Death

If you lost a spouse, parent, or child in a truck accident, we offer our deepest condolences. Under Texas law, you may be entitled to recover for lost future income, loss of companionship, and mental anguish. We have recovered up to $9.5 million for grieving families.

Your injuries are permanent. Your fight for justice should be relentless. Call 1-888-ATTY-911.

Commercial Truck Insurance: Accessing the Deep Pockets

Trucking companies carry far more insurance than regular drivers. Federal law (49 CFR Part 387) sets strict minimums:

  • $750,000 for general freight.
  • $1,000,000 for oil or heavy equipment.
  • $5,000,000 for hazardous materials (HAZMAT) or large passenger buses.

Major corporate defendants like Walmart and Amazon are often self-insured. This means they pay the first several million dollars of a claim out of their own bank accounts. They don’t have an typical insurance adjuster—they have a team of corporate risk managers whose only job is to stop you from getting what you deserve. Ralph Manginello has spent 25 years beating these corporate legal teams. We know how to break through their defenses and force them to pay.

Upshur County Truck Accident FAQ

1. How long do I have to file a truck accident lawsuit in Upshur County?
In Texas, you generally have two years from the date of the accident to file a personal injury or wrongful death claim. However, you should never wait. Every day you delay is another day for the trucking company to “lose” evidence or for witnesses to forget details.

2. What if the truck driver was an independent contractor?
This is a standard defense used by companies like Amazon and FedEx Ground. They claim they aren’t responsible because the driver wasn’t an employee. We use the “Control Test” to prove otherwise. If the company controlled the driver’s schedule, route, and standards, we can often hold them liable anyway.

3. Does Attorney911 offer Spanish-speaking services?
Yes. Hablamos Español. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation to the Hispanic community in Upshur County without the need for interpreters. Llame al 1-888-ATTY-911.

4. I was hit by a logging truck on a back road. Who is responsible?
We investigate the driver, the company that owns the truck, and the timber owner. If the logs weren’t properly secured according to Part 393 of the FMCSA regulations, every party in the supply chain can be liable.

5. How much does a truck accident lawyer cost?
We work on a contingency fee basis. This means you pay $0 upfront. We advance all costs for experts, investigations, and court filings. We only get paid if we win your case. If there is no recovery, you owe us nothing.

6. Can I sue for PTSD after a truck wreck in Upshur County?
Yes. Psychological injuries like PTSD, anxiety, and driving phobia are legally compensable. If you find yourself having nightmares or panic attacks when you see a truck on US-271, those are real damages that should be included in your settlement.

7. Who pays my medical bills while my case is pending?
While the trucking company is ultimately responsible, they won’t pay your bills month-by-month. We can work with your medical providers to issue a “Letter of Protection” (LOP), which allows you to receive the care you need now with the agreement that the doctors will be paid from the final settlement.

8. Is a “nuclear verdict” possible in my case?
“Nuclear verdicts”—jury awards exceeding $10 million—are becoming more common in trucking cases. While every case is different, juries in Texas have shown they are willing to punish trucking companies that let safety slide for the sake of profit. We prepare every case as if it is going to a jury, which is the only way to get a fair settlement offer.

Our Results for Victims of Catastrophic Injuries

We have a proven history of making trucking companies pay. While past results don’t guarantee future outcomes, they demonstrate our capability to handle the most complex cases:

  • $5+ Million: For a traumatic brain injury and vision loss caused by a falling log in a timber transport accident.
  • $3.8+ Million: For a car accident victim who suffered a partial leg amputation due to medical complications.
  • $2.5+ Million: For a truck crash victim with significant orthopedic injuries.
  • $2+ Million: Significant maritime back injury settlement for an offshore worker.

As client Chad Harris says: “You are NOT just some client… You are FAMILY to them.” We fight for our family.

Why Upshur County Families Trust Attorney911

When you call 1-888-ATTY-911, you aren’t getting a call center or a junior paralegal. You are getting Ralph Manginello’s 25 years of experience and Lupe Peña’s insider defense knowledge. We have offices in Houston, Austin, and Beaumont, but we handle cases across the entire state. For accidents in Upshur County, we are ready to travel to meet you in the hospital or your home.

We have gone head-to-head with some of the biggest corporations on the planet—Walmart, Amazon, BP—and we’ve made them pay. Their fleet of lawyers doesn’t intimidate us. We know their tactics, and we know how to beat them.

Contact Attorney911 Today

If an 18-wheeler has taken your health or a loved one from you, do not let them take your future, too. The trucking companies have already started their defense. It’s time to start your fight.

Call Attorney911 for a free case evaluation. We are available 24/7 to help you through this legal emergency.

Toll-Free: 1-888-ATTY-911 (1-888-288-9911)
Direct: (713) 528-9070
Email: ralph@atty911.com
Web: https://attorney911.com

You pay nothing unless we win. Your recovery starts with one call.

This content is intended for informational purposes and does not constitute legal advice. For specific legal guidance regarding your Upshur County truck accident case, consult with a qualified attorney.

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