Wheeler County Truck Accident Lawyer: Your 1-888-ATTY-911 Legal Emergency Team
The impact was catastrophic. You were driving on I-40 through Wheeler County, perhaps passing the historic U-Drop Inn in Shamrock or heading toward the county seat in Wheeler, when 80,000 pounds of steel slammed into your life. In an instant, your car was crushed, your family was in danger, and your future was thrown into uncertainty. An 18-wheeler is not just a larger version of a car; it is a high-speed, heavy-weight industrial machine that follows its own laws of physics—and its own set of federal regulations.
When you’re hit by a commercial vehicle in Wheeler County, the trucking company’s defense machine starts working before you even leave the hospital. Their insurance adjusters are already at the scene. Their lawyers are already drafting ways to deny your claim. What are you doing?
At Attorney911, we lead with a simple truth: you need more than a lawyer; you need a fighter who knows the enemy’s playbook. Ralph Manginello has spent more than 25 years in the trenches, admitted to federal court in the Southern District of Texas, making corporate giants pay for the damage they cause. Since 1998, our firm has recovered over $50 million for families across Texas. But our secret weapon is associate attorney Lupe Peña. Before he was our top litigator, Lupe spent years working for a national insurance defense firm. He was the one who helped insurance companies minimize payouts. Now, he uses that insider knowledge to fight for you. He knows how they hide evidence, how they value claims, and how to break their defense.
We handle every type of truck accident in Wheeler County, from transcontinental 18-wheelers on the I-40 corridor to oilfield water trucks serving the Anadarko Basin. Whether you were hit by a Walmart logistics truck, an Amazon delivery van, or a corporate fleet vehicle, we have the resources to take on the world’s largest corporations. As our client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”
If you’ve been hurt, don’t wait. Wheeler County evidence disappears in the blink of an eye. Call 1-888-ATTY-911 right now for a free consultation. Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911.
Why Wheeler County Highway Interstates are High-Risk Zones for Truck Wrecks
Wheeler County sits at a critical junction of American commerce and energy production. I-40, the primary east-west artery of the Texas Panhandle, cuts directly through the county, carrying thousands of commercial trucks every day between Oklahoma City and Amarillo. When an 18-wheeler is traveling at 70 mph across the flat stretches of Wheeler County, it is moving with the force of a wrecking ball.
The Dangers of the I-40 Corridor through Shamrock and Wheeler
The I-40 corridor is famously one of the busiest freight routes in the United States. Many of the trucks you see passing through Shamrock are long-haul carriers operating under intense time pressure. Under 49 CFR Part 395, these drivers are limited in their hours of service, but the reality is that many drivers push past the legal limits to meet strict delivery windows. Fatigue is a silent killer on Wheeler County highways. A driver who has been on the road for 14 hours has the same reaction time as someone who is legally intoxicated.
In Wheeler County, we also see significant traffic on US Highway 83 and State Highway 152. These roads are often shared by local families, agricultural equipment, and heavy oilfield service trucks. The mix of high-speed interstate traffic and heavy local equipment creates a dangerous environment where even a small mistake by a truck driver results in a life-altering tragedy.
Anadarko Basin Industrial Traffic Hazards
Beyond long-haul freight, Wheeler County is a hub for oil and gas activity within the Anadarko Basin. This means our local roads are constantly utilized by specialized industrial vehicles:
- Frac Sand Haulers: Massive pneumatic trailers carrying the proppant needed for completions.
- Produced Water Tankers: Trucks hauling 130+ barrels of salt water, often operating 24/7.
- Crude Oil Tankers: HAZMAT-placarded vehicles that carry fire and explosion risks.
- Heavy Rig Movers: Oversized loads that require expert navigation of Wheeler County’s rural intersections.
These are not professional long-distance drivers; they are often shift workers operating under brutal schedules. When an oilfield truck rolls over on a lease road or fails to yield at a rural Wheeler County intersection, the liability often extends back to the multi-billion dollar oil company that hired them. We’ve gone toe-to-toe with refinery giants in BP explosion litigation, and we are not intimidated by the lawyers employed by major energy producers.
Learn more in our video guide: “The Definitive Guide To Commercial Truck Accidents” at https://www.youtube.com/watch?v=iEEeZf-k8Ao
The 48-Hour Urgency: Why Every Second Counts in a Wheeler County Truck Accident
In a normal car accident, you might have time to think. In a Wheeler County truck accident, the clock is ticking against you. Trucking companies and corporate fleet operators like Walmart and Amazon have “Rapid Response Teams.” These are investigators and adjusted who are dispatched to the scene of a crash sometimes before the ambulance even leaves with the victims. Their mission is to secure evidence that protects the company—not you.
Black Box Data and ELD Overwriting
Most people don’t realize that a modern 18-wheeler is a rolling computer. The Engine Control Module (ECM), often called the truck’s “black box,” records critical data:
- Speed at the moment of impact.
- Brake application (or lack thereof).
- Throttle position.
- Stearing inputs.
But here is the danger: this data can be overwritten in as little as 30 days. If the truck is put back into service, the evidence of the driver’s negligence can be erased. Similarly, Electronic Logging Devices (ELD) that track hours of service are only required to be kept for six months under 49 CFR § 395.8.
Our Immediate Evidence Preservation Protocol
When we are retained as your Wheeler County truck accident lawyers, we don’t wait for the police report. Within 24-48 hours, we send a formal Spoliation Letter to the trucking carrier, the insurance company, and any corporate parents. This is a legal notice that demands the preservation of:
- ECM and EDR Data: We demand an immediate download by a certified technician.
- ELD Logs: We secure the electronic records of the driver’s hours.
- Driver Qualification Files: We look for 49 CFR Part 391 violations—did they hire a driver with a disqualifying history?
- Dashcam Footage: Many corporate fleets use Netradyne or Lytx systems. This footage is often deleted within days if not legally preserved.
- In-Vehicle Monitoring Systems (IVMS): Critical in oilfield cases to see if the driver was speeding on lease roads.
As client Angel Walle said, “They solved in a couple of months what others did nothing about in two years.” We move fast because we know that in Wheeler County, speed wins cases.
The trucking company is already investigative. What are you doing? Call 1-888-ATTY-911 before the evidence is gone forever.
Breaking Down the Types of Truck Accidents we Handle in Wheeler County
No two truck wrecks are identical. Each involves different physics, different regulatory violations, and different liable parties. Because Ralph Manginello has spent 25+ years litigating these cases, we understand the specific nuances of each accident type.
Jackknife and Rollover Accidents
A jackknife often happens on the Wheeler County stretches of I-40 during high winds or rain. If a driver hammers the brakes improperly, the trailer can swing out perpendicular to the cab. This often violates 49 CFR § 393.48, which requires properly functioning brake systems. Rollovers are common with top-heavy loads like produced water or frac sand. If the cargo shifted because it wasn’t secured according to 49 CFR § 393.100, the loading company is just as liable as the driver.
Underride Collisions: The Most Lethal Wrecks
These are the most horrifying accidents on Wheeler County roads. They occur when a car slides underneath the rear or side of a trailer. Often, this is caused by faulty “Mansfield bars” or rear-impact guards. If a trailer doesn’t meet the safety standards of 49 CFR § 393.86, the result is often decapitation or severe traumatic brain injury for the car’s occupants.
Blind Spot and Wide Turn “Squeeze” Accidents
In towns like Shamrock or Wheeler, delivery trucks often make wide right turns. If the driver doesn’t check their “No-Zone” (blind spot), they can crush a smaller vehicle or a pedestrian against the curb. We call this the “squeeze play.” 49 CFR § 392.11 requires drivers to use extreme caution; when they don’t, they are negligent.
Tire Blowout and Brake Failure
A tire blowout on a steering axle is almost always a death sentence at highway speeds. We investigate whether the trucking company used “retreads” on steering tires, which is a dangerous and often illegal cost-cutting measure. Brake failure is frequently connected to 49 CFR Part 396 violations—the failure of the carrier to systematically inspect and maintain the vehicle.
Learn more in our video guide: “Truck Tire Blowouts and When You Need a Lawyer” at https://www.youtube.com/watch?v=RCTumr1looc
Corporate Giant Liability: Walmart, Amazon, and FedEx Accidents
If you were hit by a truck with a famous logo on the side, you aren’t just fighting a driver—you’re fighting a Fortune 500 company. These companies are often “self-insured,” meaning they pay settlements out of their own bank accounts. This makes them fight twice as hard to pay you nothing.
The Walmart 18-Wheeler Litigation Advantage
Walmart operates one of the largest private fleets in the world. Their trucks are everywhere in the Texas Panhandle. Because their drivers are direct employees, Walmart is liable for their negligence under the doctrine of respondeat superior. We’ve litigated against companies of this scale and we know that while they have deep pockets, they also have deep files of internal safety violations we can use to win your case.
Piercing the Amazon “Independent Contractor” Shield
Amazon delivery vans are a constant presence on Wheeler County residential streets. Amazon uses a complex structure of “Delivery Service Partners” (DSPs) to try to avoid liability. They claim the driver isn’t an Amazon employee. We don’t buy it. Amazon controls the route, the schedule, the uniform, and they monitor the driver with four AI cameras. We know how to pierce this corporate shield and hold the parent company accountable for the time pressure that causes these delivery van crashes.
FedEx Ground and ISP Liability
Similar to Amazon, FedEx Ground uses independent contractors. However, FedEx carries a $5 million contingent liability policy. If the contractor’s insurance isn’t enough to cover your catastrophic injuries, we find the path to the larger FedEx policy to ensure your medical bills are covered.
You pay nothing unless we win. Zero upfront costs. We advance all investigation expenses. Call (888) 288-9911 for the aggressive representation you deserve.
Anadarko Basin Oilfield Trucking: A Specialized Legal Battlefield
Truck accidents involving oilfield vehicles in Wheeler County require an attorney who understands the intersection of the FMCSA and OSHA regulations. Oilfield drivers are often exempt from certain hours-of-service rules under the “oilfield exception,” but this exception is frequently abused.
Fatigue and Falsified Logs in the Oilpatch
Oilfield trucking companies often push their drivers to work 16-to-18-hour days during peak drilling cycles. They may use paper logs or “ghost” ELD accounts to hide the fact that the driver is too exhausted to be safe. We subpoena the “well tickets” and “daily drilling reports” from the oil company to cross-reference them with the driver’s logs. If the times don’t match, we prove fraud, which can lead to punitive damages.
Dual Jurisdiction: FMCSA and OSHA
When an accident happens on a lease road or a well pad in Wheeler County, it may fall under OSHA jurisdiction (29 CFR 1910). We look at:
- Was there a proper traffic management plan for the wellsite?
- Was the lease road maintained to industrial standards?
- Did the operator hire a “least-safe” contractor just to save money?
Attorney Ralph Manginello’s experience with the BP Texas City refinery litigation—where 15 workers died and settlements reached $2.1 billion—gives us the technical background to dismantle the defenses of any oil and gas operator in Wheeler County.
The Physical and Financial Cost of a Truck Wreak
The injuries from a truck accident in Wheeler County are rarely “minor.” Because an 80,000-pound truck is 20 times heavier than your car, the impact forces are survivable only by chance. We help victims recovering from the most severe trauma:
Traumatic Brain Injury (TBI) and Cognitive Loss
A TBI changes who you are. It affects your memory, your personality, and your ability to earn a living. Our firm has recovered multi-million dollar settlements for TBI victims, providing them with the funds for lifetime care. As Ralph says, “A headache after an accident isn’t just a headache; it can be a sign of a brain bleed.”
- Settlement Range: $1.5M – $9.8M+
Spinal Cord Injury and Paralysis
A C-spine or L-spine injury can result in quadriplegia or paraplegia. These cases require “Life Care Plans” that account for home modifications, 24/7 nursing care, and specialized medical equipment for the next 40 to 50 years.
- Settlement Range: $4.7M – $25.8M+
Amputations and Crush Injuries
Losing a limb isn’t just a medical event; it is a profound loss of freedom. We ensure the settlement covers the most advanced prosthetic technology and the psychological support needed to adjust to a new life.
- Settlement Range: $1.9M – $8.6M
Wrongful Death in Wheeler County
If you lost a loved one on I-40 or a Wheeler County road, we offer our deepest condolences. Under Texas law, you only have two years to file a claim, and the trucking company will try to blame the decedent. We fight to protect their legacy and secure your family’s financial future.
- Settlement Range: $1.9M – $9.5M
Learn more in our video: “The Ultimate Guide to Brain Injury Lawsuits” at https://www.youtube.com/watch?v=GBYAHi5aiEQ
Who is Really Liable? Casting the Wide Net for Maximum Recovery
Most lawyers only sue the truck driver. At Attorney911, we investigate the entire chain of command. Why? Because more defendants mean more insurance policies, and more insurance policies mean more money for your recovery. In a Wheeler County truck wreck, we may sue:
- The Driver: For direct negligence (distraction, fatigue, speed).
- The Trucking Carrier: For vicarious liability and negligent hiring.
- The Cargo Owner/Shipper: For overloading the trailer beyond weight limits.
- The Loading Company: For failing to secure the load (49 CFR § 393.100).
- The Maintenance Provider: If a brake failure or blowout was caused by poor service.
- The Freight Broker: For hiring a carrier they knew was unsafe.
- The Corporate Parent: Like Amazon, for exercising too much control over a “contractor.”
- The Oilfield Operator: For failing to maintain a safe lease road in the Anadarko Basin.
This comprehensive approach is why we achieve results that other firms miss. As client Donald Wilcox said, “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.”
Understanding the MCS-90 Endorsement and Trucking Insurance
Commercial trucks are required to carry substantial insurance, far more than the $30,000 minimum for Texas passenger cars. Federal law (49 CFR Part 387) mandates:
- $750,000 for general freight.
- $1,000,000 for oil hauling.
- $5,000,000 for hazardous material transport.
But there is a “secret” in trucking law: the MCS-90 Endorsement. This is a federally required addition to most commercial policies that guarantees the public will be compensated even if the trucking company violated their own policy terms or if the accident isn’t technically covered. Lupe Peña, with his insurance defense background, knows exactly how to trigger the MCS-90 to ensure you get every dime you deserve.
Learn more in our video: “The Definitive Guide To MCS 90 Auto Endorsements” at https://www.youtube.com/watch?v=auB5NWcwyag
Frequently Asked Questions for Wheeler County Truck Accident Victims
How long do I have to file a claim in Wheeler County?
In Texas, the statute of limitations is generally two years from the date of the accident. However, in trucking cases, the “statute of limitations” is a trap. If you wait two years, the black box data is gone, the driver has moved to another state, and the truck has been sold for scrap. You must act within days to preserve your right to win.
What if I was partially at fault for the accident?
Texas follows a “Modified Comparative Negligence” rule. You can still recover compensation as long as you are 50% or less at fault. For example, if a jury finds the truck driver 80% at fault and you 20% at fault, you still receive 80% of the total damages. The trucking company will try to pin the blame on you; we use the ECM data to pin it back on them.
How much does a Wheeler County truck accident lawyer cost?
At Attorney911, we work on a pure contingency fee Basis. This means you pay ZERO dollars upfront. We only get paid if we win your case. Our fee is a percentage of the final settlement or verdict. If we don’t recover money for you, you owe us nothing.
Can I sue the oil company if a “contract” truck hit me?
Yes. In the oilpatch, companies often hide behind contractors. However, if the oil company controlled the driver’s schedule, required certain routes, or chose a habitual safety violator to haul their equipment, we can hold them liable for “Negligent Selection.”
What happens if the trucking company goes bankrupt after the crash?
This is common with small “fly-by-night” carriers. However, their insurance policy remains in effect even if the company closes. Furthermore, we look for “successor liability”—if the owner just opened a new company under a different name to escape your claim, we pierce that corporate veil.
Your Wheeler County Legal Emergency Team is Ready
If you are reading this, you are likely in the middle of the worst crisis of your life. You have medical bills piling up, you can’t work, and you can’t get the image of that truck out of your head. You don’t have to face this alone.
Ralph Manginello isn’t just an attorney; he is a 25-year veteran of the Texas courtroom who has faced down BP, Walmart, and Amazon. He knows the federal law, he knows the Wheeler County roads, and he knows how to win. With Lupe Peña providing the insider intelligence on insurance company tactics, you have the strongest team in the Panhandle.
As Glenda Walker said, “They fought for me to get every dime I deserved.” We will do the same for you.
Don’t let the trucking company win by default. Don’t let your medical bills become your family’s burden. Call 1-888-ATTY-911 right now. We are available 24/7 to answer your call. Your recovery, your dignity, and your justice start with one phone call.
Attorney911 | The Manginello Law Firm, PLLC
Call 24/7: 1-888-ATTY-911
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Serving Shamrock, Wheeler, Mobeetie, Briscoe, and all of Wheeler County.
50 Detailed Frequently Asked Questions (FAQ) for Wheeler County Truck Accident Victims
Immediate Post-Accident Steps
1. What is the very first thing I should do if I’m in a truck wreck in Wheeler County?
Safety first. Call 911 immediately. If you are physically able, move your vehicle to the shoulder of I-40 or the side of the road to avoid a secondary collision, but only if it’s safe. Ensure that Wheeler County emergency services are dispatched. Your health is the priority, so accept medical transport if Paramedics suggest it.
2. Should I talk to the truck driver at the scene?
Limit your conversation to exchanging insurance and contact information. Do not apologize, and do not discuss how the accident happened. Under stress, people often say “I’m sorry” as a polite gesture, but the trucking company’s lawyers will twist that into an admission of fault in a 49 CFR § 392 liability dispute.
3. What if the police don’t come to the scene in a rural part of Wheeler County?
In some rural areas, response times can be long. If the police cannot attend, you must still exchange information. Record the truck’s DOT number, the license plate of the cab AND the trailer, and the name on the side of the door. Use your phone to record a video of the scene and the road conditions.
4. Why is it important to take pictures and video of the truck and the car?
Physical evidence in Wheeler County changes fast. Skid marks on asphalt fade, and the trucking company will repair the truck almost immediately. Photos of the specific damage patterns help accident reconstructionists prove the speed and angle of impact. Take pictures of the truck’s tires, the interior of your car, and any spilled cargo.
5. I feel okay, just a bit shaken. Do I still need to see a doctor?
Yes, without exception. Adrenaline is a powerful pain-masker. Internal organ damage or a slow-bleeding traumatic brain injury (TBI) may not show symptoms for 24 to 48 hours. If you delay treatment, the insurance company will argue your injuries were caused by something else that happened after the accident.
6. Can I use my smartphone to document my injuries?
Absolutely. In fact, you should. Documenting the progression of bruises, surgical scars, and your daily struggle with mobility is powerful evidence. As Ralph Manginello explains in our video Can You Use Your Cellphone to Document a Legal Case?, your phone is your most important tool in the first 48 hours.
Dealing with the Trucking Company
7. Is the truck driver the only one I can sue for my injuries?
Rarely. While the driver may have made the mistake, the trucking company (the carrier) is usually the primary defendant. They have the 49 CFR Part 387 mandated insurance policies. We also look at the cargo loaders, the maintenance company, and the broker who arranged the load.
8. What if the truck that hit me was a Walmart or Amazon van?
These are high-value corporate fleet cases. If it was a Walmart truck, Walmart is typically directly liable. If it was an Amazon van, we work to prove Amazon’s “right to control” the driver, making them liable despite the “independent contractor” label they use for their Delivery Service Partners (DSPs).
9. The trucking company called me and offered a quick check. Should I take it?
NO. Never accept a quick settlement. These “early bird” offers are designed to get you to sign a release of liability before you know if you need surgery or have a permanent disability. Once you sign, your case is closed forever. Call us first at 1-888-ATTY-911; we will evaluate the offer for free.
10. What if the truck driver was an “independent contractor”?
Trucking companies love this defense. They claim they aren’t responsible for the driver’s errors. However, federal law often ignores this distinction if the carrier’s placard (DOT number) was on the truck. We also look at whether the company controlled the driver’s schedule and equipment, which often makes them an “employee” under Wheeler County law.
11. Can I sue the oil company if an oilfield truck hit me near Wheeler?
Yes. If an ExxonMobil or Chevron contractor hit you, and that contractor had a history of safety violations that the oil company ignored, we can sue the oil company for “Negligent Hiring” and “Negligent Supervision” under Texas law.
12. What is “vicarious liability” in a trucking case?
It is a legal doctrine (respondeat superior) that holds an employer responsible for the actions of its employees. If a UPS driver is speeding through Shamrock to make a delivery and hits you, UPS is legally “in the driver’s seat” and liable for your damages.
Evidence and Investigation
13. What is a “Black Box” and why do I need it?
Almost all modern trucks have an Event Data Recorder. It tells us exactly what the driver was doing five seconds before impact. Was he speeding? Did he ever hit the brakes? This data is the “smoking gun” that prevents the driver from lying his way out of responsibility.
14. How long does a trucking company have to keep their records?
Under 49 CFR § 395.8, they only have to keep driver logs for six months. Maintenance records are kept for one year under 49 CFR § 396.3. This is why we send a spoliation letter immediately to “freeze” these records so they cannot legally be destroyed.
15. What are “Hours of Service” (HOS) and did the driver violate them?
HOS rules (49 CFR Part 395) limit how long a driver can be behind the wheel (usually 11 hours). Fatigue is a major factor in Wheeler County accidents. We subpoena the Electronic Logging Device (ELD) data to see if the driver was “running illegal” to make more money.
16. Can my lawyer get the driver’s cell phone records?
Yes. Distracted driving is rampant. If the driver was texting, browsing, or on a personal call at the moment of the crash, his cell phone records will prove it. Federal law (49 CFR § 392.82) strictly prohibits hand-held phone use for commercial drivers.
17. Why do you need an accident reconstruction expert?
Truck accidents are complex physics problems. An expert can look at the data, the skid marks on I-40, and the vehicle damage to recreate a 3D model of the crash. This takes the guesswork out of the case and makes it undeniable for a Wheeler County jury.
18. What is a Driver Qualification File?
Truckers must have a file that includes their CDL, their medical examiner’s certificate, and their annual driving record review (49 CFR § 391.51). If the trucking company let a driver on the road with a medical condition or a history of DUIs, that is clear evidence of negligence.
Insurance and Payouts
19. My car is totaled. Who pays for my property damage?
In an 18-wheeler case, the trucking company’s insurance should pay the “fair market value” of your car. However, do not let them settle the property damage until you have spoken to an attorney about your personal injury claim.
20. What is the MCS-90 endorsement?
This is a specific insurance provision required by 49 CFR Part 387. It ensures that if a truck is involved in an accident, the insurance company MUST pay the victim, even if the trucking company hid information from the insurer. Lupe Peña knows exactly how to leverage this to find hidden money.
21. How much insurance do these trucks have?
Most 18-wheelers carry at least $750,000 in liability coverage. Trucks carrying oil or hazardous materials often have $5 million or more in coverage. This is significantly more than a standard $30,000 Texas car policy.
22. What if the truck driver has no insurance at all?
This is rare for commercial rigs, but it happens. In those cases, we look at your Uninsured Motorist (UM) policy. We also investigate the freight broker or the shipper who hired the truck. They may have “contingent liability” that covers your injuries.
23. The insurance company said they are “denying liability.” What does that mean?
It’s a standard “bully” tactic. They are claiming the accident was your fault or was an “act of God.” This is when we file a lawsuit in Wheeler County to force them to turn over the black box data and logs, which usually proves they were lying.
24. Is it true that trucking insurance companies use surveillance on victims?
Yes. If you have a high-value claim, they may hire private investigators to follow you or watch your social media. Never post pictures of your physical activities while your case is pending. Even a photo of you carrying groceries can be used to claim you aren’t really hurt.
Damages and Case Value
25. How much is my Wheeler County truck accident case worth?
No ethical lawyer can give you a number without an investigation. The value depends on your medical bills, your lost future earnings, and your “pain and suffering.” However, truck accident settlements are typically much higher than car accidents due to catastrophic injury levels.
26. Can I get paid for “Pain and Suffering”?
Yes. In Texas, this is called “non-economic damages.” It compensates you for the physical agony, the mental trauma (PTSD), and the loss of the ability to enjoy your life. These often make up the largest part of a multi-million dollar verdict.
27. What if I can never go back to my job again?
We hire “Vocational Experts” and “Economists” to calculate your “Loss of Earning Capacity.” If you were 35 and can no longer work as a mechanic or a nurse, the trucking company must pay for the 30 years of income you just lost.
28. Are there caps on how much I can receive in Texas?
In most personal injury cases, there are no caps on actual economic damages (medical bills/lost wages). There are no caps on pain and suffering in motor vehicle cases. Punitive damages (punishment for the company) do have caps, but they are still substantial.
29. What are “Punitive Damages” in a trucking case?
If we can prove the trucking company didn’t just make a mistake, but acted with “gross negligence”—like forcing a driver to work 20 hours straight or knowingly using a truck with broken brakes—a jury can award punitive damages to punish the company and prevent it from happening again.
30. What is “Loss of Consortium”?
If the accident has destroyed your relationship with your spouse—if you can no longer be the partner, parent, or companion you were before—your spouse may actually have their own legal claim against the trucking company.
Legal Process and Timing
31. Do I have to go to court?
Most cases (about 95%) settle before trial. We use mediation and aggressive negotiation to get you a fair deal. However, as Ralph Manginello says, “We prepare every case for trial.” That willingness to go to court is what forces the insurance company to make a higher settlement offer.
32. How long will my case take to finish?
A straightforward case may settle in 6 to 12 months. A complex case involving catastrophic injuries or a corporate giant like Amazon can take 18 to 24 months. We work as fast as the legal system allows while ensuring we don’t settle for less than you deserve.
33. What is a “Mediation”?
It is an informal meeting where a neutral third party (the mediator) helps both sides try to reach a settlement. It is often the last step before a trial. Our team has extensive experience in trucking mediations in Wheeler County and the Texas Panhandle.
34. Why should I hire an attorney who has worked for insurance companies?
Associate Attorney Lupe Peña is our “inside man.” Because he used to defend these companies, he knows exactly where they hide evidence and how they try to “trap” victims during depositions. He uses their own playbooks against them to maximize your money.
35. Can I fire my current lawyer if they aren’t helping me?
Yes. You are the boss of your case. If your lawyer isn’t returning calls or doesn’t seem to understand trucking law, you can switch. We frequently take over cases that other firms have “messed up” or rejected because they were too complex.
36. What is a “Life Care Plan”?
For catastrophic injuries, we hire a nurse or doctor to write a 100-page report detailing every medical need you will have for the rest of your life. This ensures that 20 years from now, you still have the money to pay for your wheelchair, your prescriptions, and your surgeries.
Common Injuries
37. I have “Whiplash.” Is it worth anything?
In a car-to-car crash, whiplash might be minor. But when an 18-wheeler rear-ends you at 65 mph, “whiplash” often involves torn ligaments and herniated discs in your neck. This is serious trauma that can require surgery. Never let an adjuster tell you it’s “just whiplash.”
38. What is a “Coup-Contrecoup” brain injury?
Common in truck wrecks, it means your brain hit the front AND back of your skull during the impact. Even if there’s no skull fracture, this causes massive internal bruising. It’s why you might feel “foggy” or irritable after the wreck.
39. Why do truck accidents cause so many spinal injuries?
The sheer weight of the truck transfers a massive energy wave through your car’s frame. This compresses your spine, causing discs to rupture or “explode.” These are permanent injuries that often don’t show up on a standard X-ray—only an MRI.
40. What should I do if my loved one was killed in the accident?
First, please accept our condolences. Second, don’t let the trucking company offer you a “hush money” settlement. A Wrongful Death claim in Texas allows the spouse, children, and parents to seek justice. The statute of limitations is strict, so contact us soon.
41. Can I sue if I was a passenger in the truck?
Yes. Even if the truck driver was your co-worker or your spouse, you have a claim. This usually involves “Third Party” liability and complex insurance stacking. We have handled many cases for injured truck passengers and co-drivers.
Vehicle-Specific Questions
42. A dump truck hit me on a county road. Are they regulated like semis?
Yes. If the dump truck (or any commercial truck) weighs more than 10,000 lbs, they must follow FMCSA safety rules. They are often overloaded, which makes them impossible to stop in an emergency.
43. What if a U-Haul or rental truck hit me?
Rental truck accidents are unique because the driver usually has zero training. Under the “Graves Amendment,” the rental company (like U-Haul) is usually protected, but the driver’s insurance and the rental’s secondary policy will apply. We also look at whether the rental company provided a dangerous vehicle.
44. My child was hit by a school bus in Wheeler County. What now?
Government entities (like school districts) have “Sovereign Immunity,” which limits how much you can recover. You also must file a “Notice of Claim” usually within 6 months. These are very difficult cases that require an expert attorney immediately.
45. A gravel truck dropped its load and smashed my windshield. Is that their fault?
Yes. Federal regulation 49 CFR § 393.100 requires all cargo to be secured. If gravel or industrial equipment falls off a truck and causes an accident, the trucking company is liable for your damages.
The Firm of Attorney911
46. Why should I choose Attorney911 over a big law firm with billboards?
At a “billboard firm,” you are Case #4,500. You will likely never speak to the partner. At Attorney911, Ralph Manginello takes a limited number of cases so he can give you his personal cell phone number. You get boutique service with “big firm” results.
47. Do you handle cases near Shamrock and the I-40 corridor?
Yes. We have handled cases across the entire Texas Panhandle. We understand the specific judges and juries in Wheeler County, which is essential for a high-value result.
48. Is it too late for me to call?
If the accident happened within the last two years, it’s not too late—but every minute you wait, you are losing money. The insurance company is counting on your delay. Call 1-888-ATTY-911 now.
49. What if I don’t have money to hire you?
You don’t need any. We work on a Contingency Fee. We pay for the thousands of dollars in expert fees and court costs. You only pay us back out of the money we win for you at the end. If we lose, we eat those costs.
50. How can I start my case right now?
Just call 1-888-ATTY-911. One of our experts will take your call immediately, 24 hours a day. We will listen to your story, explain your rights, and start the investigation today.
Don’t be a victim twice. Hire the fighters. Call 1-888-ATTY-911.