Your Case is Made at the Very Beginning

Truck wrecks cause a lot of injury and property damage.  Most people see the destruction, the pain, and they believe the first 48 hours are about recovery and even just surviving.  There’s more to it than that, though.

These hours are crucial about who establishes control.  While you’re dealing with pain, confusion, a wrecked vehicle, and a whole lot of turmoil, the trucking company has set their legal team in motion.  And they move fast.  They’re creating, and preserving, their version of the story, gathering evidence and protecting themselves.

The Car Crash Captain, from our offices in Richardson, Texas, explains why the first 48 hours can determine how much your case is worth.  Or, if you even have one.

You’re in a Race with a Severe Disadvantage

After the wreck, you’re trying to recover from your injuries.  As you rest, regaining your faculties, healing from your injuries, and being thankful that “at least you didn’t die.” The trucking companies are building their defense.

Within hours of the wreck, they have their insurance companies on notice, their legal teams are springing into action, they’re investigating internally and reviewing records.  They’re interviewing their drivers, getting statements, and analyzing key data that could be vital to the case.

The FMCSA requires trucking companies to maintain a lot of records, and the companies know this.  While you’re resting, they are implementing systems that are designed to protect one thing: their bottom line.  This isn’t just a crash; it’s a race that you don’t even know has started.

Evidence isn’t Waiting, and The Trucking Company Already Has it

As you’re on your way to the hospital to get checked out, the trucking company and their lawyers are gathering data that could be used to strengthen your case.  They know that some of this has a limited shelf life, and they’re hoping you don’t pursue a settlement before that timeline ends.  Evidence that can disappear with time includes:

• Black Box Data
• Dashcam Footage
• ELD Records
• Driver Logs

Some of this can be overwritten in as little as 30 days, most of it only needs to be preserved for a few months.  Unless they receive a legal letter that says they must preserve it, they want those records to be gone because that will show:

• Speed Data
• Braking Action and Strength
• Potential Fatigue
• Driver Behavior

Knowing those can prove your entire case.  But as soon as they’re overwritten, they’re gone forever and your leverage to receive justice that you need drops or is lost completely.

You have two years to file your personal injury case.  By that time, evidence hasn’t just disappeared by accident.  It is gone because nobody made sure to preserve it.

Act Quickly to Lock in Your Case

It’s those crucial first 48 hours that are necessary to ensure you receive maximum compensation for your injuries.  It’s where evidence can quickly be preserved and your case can be strengthened by potentially showing:

• Evidence of Speeding
• Logs Show Abuse of Hours and Driver Fatigue
• Maintenance Records Show Neglect

When you have these hard pieces of evidence on your side, your case is strengthened, you have a more leverage to win a higher settlement, and the insurance company will take your claim seriously.

The opposite, though, is also true.  When this evidence is lost, it becomes a “he said; she said” argument.

Herbert Law Group Helps Truck Wreck Victims in Texas

Most people don’t realize just how powerful it is to have a Texas truck wreck lawyer on their side.  Herbert Law Group has years of experience dealing with these exact situations.  We know how to move quickly, what letters to send that require trucking companies to preserve evidence, and how to maximize your compensation.

What we need from you is a phone call.  We have to find out what happened, so we can determine how we help you receive justice.  Simply call our offices at 214-414-3808, or fill out the contact form, and we’ll get things started with a free conversation.

Is that Good or Bad News for Victims?

We share the road with big rigs.  And the vast majority of the time, nothing bad happens.  The commercial truckers drive their routes and everyone arrives safely.  But when something does go wrong due to negligence on the trucking company’s part (or the driver, or one of the third parties that might be liable), things tend to go really wrong.

Here in the Dallas, Texas area, we have a lot of traffic and a lot of trucks on the road.  Settlement creep is finding a foothold after wrecks with these big rigs, so let’s see what the Car Crash Captain has to say on the matter.

What Is Settlement Creep?

Settlement creep is the steady increase in settlement amounts and jury verdicts awarded to victims of truck wrecks.  They’re sometimes called nuclear verdicts, where the final amount awarded to the victim is vastly more than the average, and way more than most people expect.  This can be a great thing for victims, but these cases have to be handled very carefully by an experienced truck crash lawyer in Texas.

There isn’t really one specific reason these settlements are on the rise.  Rather, it’s a combination of numerous factors:

Jurors Understand – Commercial trucks are way heavier than passenger vehicles.  They do a lot of damage, and jurors are now seeing (through better NHTSA data) just how deadly a wreck can be.

Better Evidence – Electronic logging devices, GPS tracking, dashcam footage, black box data, and similar technologies are providing more evidence than ever on what happened before, during, and after the wreck.

Big Policies – Trucking companies carry massive insurance policies – usually to the tune of a million dollars or more.  If a jury could award a $10 million verdict, suddenly a $2 million settlement seems very reasonable.

The Upside for Truck Wreck Victims

Settlement creep can benefit victims in a number of ways; not just with a bigger settlement.

Insurers aren’t getting away with as much as they once did.  In the past it was easier to ignore those hidden injuries like spinal cord damage, traumatic brain injury, disabilities, and things like lost earning capacity.  Today, though, technology shows some of these injuries, and previous cases show what is expected.

Earlier settlements can happen too.  Nobody wants to go to court, especially not the trucking company when they might be faced with an immense jury verdict.  Settling quickly is in everyone’s best interest and means faster financial recovery and less stress waiting for the settlement.

It’s not all on the up and up, though.

The Downside for Truck Wreck Victims

When settlement creep is there, insurance companies are going to fight much harder to protect their money.

Insurance companies can end up acting more aggressively.  They have better reconstruction teams, more lawyers, their own medical experts, and more.  Their goal is to reduce the settlement value, and they’ll do everything they legally can to do so.

And that means they might get a bit sneaky.  They can claim you were speeding, changed lanes unsafely, you were distracted, or you didn’t brake hard enough.  If the evidence doesn’t show otherwise, this can cause delays.  And delays are what make victims settle for less.  They become desperate and accept less than what they deserve simply to get it done and over with.

You Need Herbert Law Group to Maximize Your Settlement

If you are the victim of a wreck like this, the last thing you want to do is fight with insurance companies that are intent on tricking you into admitting fault.  That’s why the best thing you can do is have Herbert Law Group help you maximize your settlement.

Our lawyers know just what to say to insurance companies.  We have the experience to show that in the past what settlements were reasonable in similar situations.  We have the fortitude to go to court and fight for your rights.  We won’t back down, and you shouldn’t be pressured either.

Let’s start things off with a free phone call so we can figure out what happened, and make a plan on how we can find you justice.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll get things started from our Richardson, Texas offices.

What Trucking Companies Do, and Why Victims Must Move Quickly

If you’ve been involved in an accident with a commercial truck, the first hours are crucial to ensure your case doesn’t get lost, misconstrued, or forgotten.  The trucking company will move quickly to protect themselves (and the insurance company that is representing them), so you have to be ready to move just as quickly to properly position yourself as the victim.  From our offices here in Richardson, Texas, the Car Crash Captain talks about what is going to happen, and how you must respond.

The Trucking Rapid Response Team

Trucking companies aren’t going to “wait and see” what happens after the wreck.  They’re going to spring into action to ensure they’re as protected as possible.  After a serious wreck, within a matter of hours, they will:

• Notify their insurance
• Dispatch a rapid response team
• Put their company lawyers on notice
• Coach their drivers on what statements to make
• Remove the truck from the scene (if possible)

Of course, not all trucking companies are going to be the same.  Smaller and independent drivers won’t have these resources.  But many of the bigger groups have experience with wrecks, and they know just what to do to cover their assets.

While you’re still in the ambulance, the trucking company is building their defense.

Getting Evidence in the First 24 Hours

Because they’re on top of it, you need to be as well.  Fortunately, most of the evidence and data is legally required to be preserved, so you have a little bit of time to come to while you’re in the hospital.  During this time, Herbert Law Group will help to collect evidence that supports your claim.

Since 2014 commercial trucks in the USA are required to use Event Data Recorders (EDRs).  The more popular name as we know them comes from the airline industry: the black box.  These recorders track, in real time, the truck’s speed, braking, steering, engine RPMs, seatbelt usage, GPS location, and more.  This data can be cross referenced to your wreck to show just what was going on at the time of the crash.  The FMCSA requires that records must be preserved for six months, but it can be overwritten if a formal request isn’t made to acquire that data.

This can fall under what is called spoliation of evidence.  If a company fails to preserve evidence, especially after it has been put on notice, it doesn’t look good for them and might strengthen your case.  Your attorney will make a formal letter to get all of the evidence necessary to help show you were the victim, including:

• Dashcam footage
• Driver qualifications
• Maintenance logs
• Drug or alcohol testing results
• Communications
• Hours of operation logs

When a company is facing a potential lawsuit that could soar into the millions of dollars, they’re going to do everything they can to make the evidence hard to get.

Why You Must Act Quickly Too

Because the trucking company is going to move quickly to obscure the evidence, you too must move quickly.  Most of them will keep things above board; they won’t illegally hide or destroy evidence, but they might make it harder to acquire.

Failure to move quickly could hurt your case.  You might even lose that case if you wait too long.

Fortunately, there’s hope.  You obviously will want to seek medical treatment right away.  You will want a good trail of medical records to provide as evidence.  Don’t speak with the trucking company or their insurers.  If you have your own dashcam, or if you (or someone else) were able to take photos and videos, keep those safe.  And before you move forward with anything else, officially hire Herbert Law Group as your legal counsel.

ELD data can be overwritten.  Dashcam footage might be “lost” or otherwise not preserved.  Witness memories fade, and evidence changes rapidly.  So, you must move rapidly as well.

Herbert Law Group Moves Fast

Just like the trucking companies will move fast, we will also move fast.  Herbert Law Group has represented a lot of commercial truck accident victims right here in the Dallas, Texas area.  We know what needs to be done, how to make formal requests, and keep things moving in your favor.

What we need from you, though, is a phone call.  We need to know what happened so we can start formulating a plan to find you justice.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free conversation to determine our next steps.

How Highway Speeds Complicate the Aftermath

There’s no way around it; we share our roads with a lot of big trucks.  Commercial vehicles, including semi-trucks, help to keep our country running.  Oil and gas mean our vehicles can move, supplies mean we’re fed and clothed, and everything in between – this country was built on trucks moving goods.

However, that also means we have to take precautions so we’re all being safe; especially on Texas highways near Dallas where we have high numbers of semis on the road.  A small lapse in judgement can lead to serious injuries, or death.  When you hit highway speeds, those issues are compounded even more.  So, keep reading as the Car Crash Captain looks into the legal issues, the physics, and the precautions of sharing the road with big rigs.

Legal Realities for Truck Wreck Victims in Texas

Nearly all wrecks are preventable.  And they often come down to a motorist acting negligently.  If a truck driver decides to drive faster than the speed limit (perhaps they’re trying to make it to their destination before their hours of operation run out), they are acting negligently, and if a wreck happens, they will be held liable.

What often happens, though, is that these wrecks aren’t always straightforward.  If the truck driver is speeding, and crashes, liability might not be solely with the driver.  Some of that liability might land on the shoulders of the trucking company, the maintenance team, or someone else entirely.

These heavy rigs are also much more dangerous than other vehicles.  When they crash, especially at highway speeds, the injuries (and potential fatalities) are increased dramatically.  This devastation often means higher compensation for the victims, and thus they’re scrutinized more intently by the insurance companies.

The Shocking Physics of Trucks at Highway Speeds

There’s a lot of science behind these wrecks, and some of it is straight forward – highway speeds mean worse crash.  But when you throw enormous and heavy trucks into the mix, things get even messier.

In physics, the equation Mass x Acceleration = Force.  The bigger the mass and the greater the speeds, means greater force.  However, it’s not a linear equation.  Kinetic energy (that’s the force that has to be absorbed by the crash) increases with the square of speed.  This means when speed doubles, the force doesn’t double; it quadruples.

There are a ton of variables, but essentially a truck moving at 60 miles per hour has four times the crash energy as one moving at 30 miles per hour.

Combine that with increased stopping distance, crumple zones, trucks that are riding much higher and potentially going over the top of a vehicle, and more, mean that even if you’re in a large SUV and you’re in a wreck with a big rig, you’re going to have a bad time.

What Drivers Should Know about Being on the Road with Trucks

Imagine a toddler and a body builder running toward each other and colliding.  You don’t have to know the details of the physics to know that the toddler will fare much worse than the body builder.

Because of that, prevention is key.  Even if you’re “in the right” you could still be seriously injured or killed.

So, remember to be alert when driving near large trucks.

• Don’t linger in blind spots
• Pass quickly and confidently when it’s safe
• Give them extra room to brake and turn
• Watch for other road hazards that could potentially lead to erratic driving
• Drive for the conditions, not for the speed limit

What it boils down to is if we all take a little extra precaution to drive safely; we can all share the roads without issues.

Let Herbert Law Group Help You after a Wreck

Traveling at highway speeds means risks go up.  If you, or a loved one, were driving safely and another motorist caused you to crash, you need an experience truck wreck lawyer on your side.  From our offices in Richardson, Texas, Herbert Law Group has been helping hundreds of victims every single year.

Let’s get you the compensation you need and deserve.  It all starts with a free phone call so we can learn how to best help you.  Call our offices at 214-414-3808 or fill out the contact form and we’ll reach out to you.

The New Dangers When Sharing the Road

Big rigs keep America moving.  There’s no denying that our road-based infrastructure requires trucks to ensure shelves are stocked and our modern way of life can keep moving.  However, as the truck driver shortage worsens, the dangers increase for everyone on the road.

Truck driver fatigue is a growing issue.

In an era where technology is helping improve safety on the roads, there’s little that can be done about driver fatigue.  And it’s not just a safety issue it’s a public health issue and a legal one too.  The NHTSA recognizes the problem, and knows that annually hundreds of people are killed because of drowsy driving.  Today, the Car Crash Captain, from our offices in Richardson, Texas, looks into why this is a growing issue, and what can be done.

What is Truck Driver Fatigue?

If you crash while under the influence, it’s easy to test you for drugs or alcohol.  But how does a report capture drowsy or fatigued driving?  It’s difficult to quantify, unlike a blood alcohol content that shows a higher BAC generally means more impairment.  Is “a little tired” worse than “a bit drowsy” or “fatigued” or “zonked”?  They all have a big impact, but truck driver fatigue can end up being worse than other motorists being fatigued.

Commercial truck drivers are held to a higher standard than your average motorist.  They have certain number of hours they can drive, but long hours, irregular sleep schedules, and tight deadlines can cause carelessness and chronic fatigue.  Federal hours of service all up to 11 hours of driving in a single shift.  Even when following the rules, that can lead to driving dangerously tired.

Suppose a driver wants to avoid the heaviest traffic, when do they drive?  In the middle of the night the roads are usually much less busy than mornings and evenings.  But most drowsy driving crashes happen between midnight and 6am – when the body is naturally less alert.

How does Texas Fare for Truckers?

Texas is already one of the deadliest states when it comes to commercial vehicle wrecks.  With a large population, a lot of highway, and congested cities, this is bound to happen until some sort of alternative can be worked out.

Those long stretches of highway can lull even the most alert driver to sleep.  And a news report from the Cron.com, published late 2025, found that Texas ranks third for the most fatal large-truck crashes involving drowsy drivers.  Truck driver fatigue is responsible for 6% of all fatal large truck crashes (Colorado ranked 2^nd with 7% of wrecks due to drowsy driving, and Wyoming was first with 11% of wrecks caused by truck driver fatigue).

So, what can you do to avoid being a victim?

• Drive during the safest parts of the day (10am to 4pm is deadliest)
• Take extra care during bad weather
• Pass quickly, don’t linger in blind spots
• Be extra aware of what “could” happen

No matter how diligent of a driver you are, there are times when accidents happen.  And if you’re doing everything you should be doing, but you’re still injured or a loved one is killed because of another motorist’s negligence, you need to have a truck wreck lawyer on your side.

How Herbert Law Group Helps Truck Wreck Victims

Accidents that involve injury or death are complicated.  There’s a lot more that goes into these things than most people realize, and the insurance companies are hoping you don’t know how to protect yourself.

But here’s the good news: you don’t have to know what to do.

You just have to keep in mind that Herbert Law Group, serving the areas around Dallas and Fort Worth, know what they’re doing.  We have dealt with a lot of car wrecks, including those caused by truck driver fatigue.  The results speak for themselves: victims that have received compensation that actually help them return to a life worth living.

What do we need from you?  We need to get to know you and find out what happened.  Let’s do that with a quick phone call to determine how we can help.  Call our offices in Richardson at 214-414-3808, or fill out the contact form on our site and we’ll call you.

What is the Future of Dashcams in Trucking?

Dashcams are becoming more and more popular in both passenger vehicles and in big rigs.  For those commercial vehicles, they usually have multiple cameras – including those that face forward, backward, and show the driver.  In part these are to protect the trucking company; if the driver falls asleep or is texting while driving the liability shifts.  But they’re also helpful to show all of what’s going on, and we don’t really have to rely on witness testimony as much anymore.

While the footage is crucial in investigations and litigations, these cameras aren’t required under federal trucking laws.  Currently only about 50% of commercial vehicles have cameras, and while British Columbia is pushing to make them mandatory, is this going to happen the USA?  The Car Crash Captain, who serves truck wreck victims in Richardson, Dallas, Frisco, and the surrounding areas, looks into it.

Are Dashcams Required in US Commercial Vehicles?

There are two sets of laws we have to look into here.  First, there are the federal laws put out by the FMCSA; these are the ones that regulate hours of service, safety technology, and more (currently they don’t regulate or mandate dashcams).  There are also state laws that must be followed.  In theory, individual states could start to require dashcams in commercial vehicles, but currently they have placement and privacy rules that vary depending on which state you’re in.

Will Dashcams become Mandatory?

International requirements often flow through the borders.  Since British Columbia is considering a law that will require dashcams in commercial vehicles, and to have them recording whenever the vehicle is being driven, there’s a good chance that the US will follow suit.

This isn’t, however, always the case.  There are plenty of motor vehicle laws in other countries that might be a good idea here, but they haven’t been adopted.  However, when it’s something as straightforward as dashcams, which don’t limit personal freedoms, it’s more likely this law will make its way to the USA.

And for good reason.  Safety experts have demonstrated that accountability increases and investigations go faster when video evidence is available.  Because the cameras protect both the truck drivers, the trucking companies, and the passenger vehicles, it’s largely seen as a good thing to have cameras operating when you’re on the road.

What do Federal Agencies Say about Video Technology?

The FMCSA doesn’t require dashcams, but it does accept them as video evidence in their Crash Preventability Determination Program.  This program allows carrier to submit dashcam footage (as well as other evidence) to challenge crash findings.

Even though they’re not required, the video footage is officially recognized as valuable safety documentation.  And even if dashcams don’t become mandatory, this strongly encourages drivers to have cameras to ensure their own safety.

Is a Driver Required to Turn Over Footage After a Wreck?

Like most things, you don’t have to incriminate yourself.  If you are a truck driver, and you messed up, and the video footage shows that you’re at fault, you don’t have to voluntarily turn over the footage.

However, dashcam video is called discoverable evidence.  This means that it must be provided once legally requested and is considered relevant to the crash.  If involved in a wreck, and the footage is deleted or overwritten, it can be challenged and viewed as spoliation of evidence – essentially this is casting a whole lot of doubt and suspicion, as why else would someone delete footage if they weren’t guilty?

Video Footage is Great Evidence

We’re in a digital video world.  It’s incredibly easy to put cameras in vehicles, and many areas within cities are constantly being monitored by the city’s own cameras.  This creates multiple angles and accounts for the crash, and it creates a bunch of evidence that is hard to counter against.

If there are ten videos, all from different cameras, that show the accident, it’s a lot easier to figure out just what happened and who was at fault.

Herbert Law Group Helps Truck Accident Victims

Of course, if you’ve been injured, or a loved one was killed, in a truck crash, what you’re concerned with is healing.  All of this about if dashcams become mandatory, evidence, and truck wreck reconstruction is something that you don’t want to deal with.

And you don’t have to.

Herbert Law Group has handled a lot of these cases from our Richardson, Texas offices, and we know exactly what to look for and what to do after a truck wreck so you can find the peace and justice that you need.

It all starts with a free conversation to figure out what happened and to determine how we can help.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll get the ball rolling.

When Tragedy Triggers Reform

There’s a lot that can go wrong on the road, and there are plenty of truck crashes every single day to show us that we have to remain alert when driving.  We like to focus on load security, driver error, third-party liability, and all of the things we should be aware of so if something does happen, we know how Herbert Law Group can handle the situation.  However, many of the rules for trucking companies and their drivers were implemented because something terrible happened.  Today, the Car Crash Captain is looking at some of these tragic events, and how they transformed the industry to become safer for everyone.

When Jayne Mansfield Crashed in 1967

Jayne Mansfield was a big name in Hollywood in the 1960’s.  Her beauty, her appeal, and everything about her meant she was making waves and making a name for herself.  That was cut short in late June 1967 when the 34-year-old died in a crash with a semi-truck.  Before the truck bumpers were required to have underride protection, a vehicle smashing into the back of them would have the car go under, and the trailer crush the upper half of the cab.  Mansfield and the driver were killed instantly in the crash.

This wreck triggered public outrage, and led to a push for regulations on making rear guards for tractor-trailers mandatory.  The issue, however, was that the NHTSA was slow to act, and often would drop the ball on these types of wrecks.

Decades Later Underride Truck Crashes are Still an Issue

Despite the regulations, people were still being killed in underride collisions.  The problem was that even though guards were required, many of them would fail in real-world crashes.  The regulation was that the truck would have to be equipped with a guard; there were few regulations on how strong the guard must be.

As we headed into the 21^st century, catastrophic underride and guard failure truck crashes continued to claim lives.  Trucking companies complained equipping with stronger guards would be prohibitively expensive (estimates showed merely $50 to $150 per guard), and regulators tended to ignore the issues that continued to be a problem.

2019 and 2024 the Modern Era of Regulation

In 2019 a fatal crash spurred major changes.  Two men crashed into the back of a semi-truck that was moving at a snail’s pace.  The guard did nothing to minimize the impact, and ultimately a $462 million verdict handed down in 2024 was considered to be a nuclear verdict.  The trailer manufacturer was hit hard, and even though their product complied with the old standards, the jury found it to be dangerously inadequate.

The era of “minimum compliance” was no longer acceptable, and this crash spurred the NHTSA to update their rear-impact guard strength requirements in 2022.

Why did it Take over 50 Years of Truck Crashes?

Decades of weak regulations and countless deaths had to happen before the NHTSA finally stepped up to say this is unacceptable.  And even today the side-underride guards aren’t yet federally mandated, and there are exemptions for many types of trucks.

Unfortunately, one of the only things that truly puts pressure on manufacturers are these nuclear verdicts.  Regulation isn’t enough and legal and financial pressure is what finally causes the change.

We can only hope that years of truck crashes, and countless deaths, can be reviewed and better safety standards put into place, along with better compliance tracking to ensure no corners are cut, will help proactively instate regulations and laws where we don’t have to have a high-profile death before something happens.

Herbert Law Group Helps Truck Wreck Victims

If you have been involved in a truck crash, or if a loved one was killed in one, you can help encourage regulators to make better laws.  It’s simply done by pursuing justice for you or your loved one.

Herbert Law Group has dealt with a lot of truck crashes.  We know how to handle the insurance companies, we can deal with judges and juries, and we will find you justice for your loss.  It all starts with a phone call so we can learn what happened, and figure out a plan on how we can help.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you for a free conversation.

Loose Loads Happen when Cargo isn’t Secured Properly

Whenever a big rig hits the road, they have a checklist they need to go through so they can ensure they are loaded properly and their rig is safe for highway travel.  Unfortunately deadlines, rushed orders, and sometimes just being lazy causes these safety checklists to go unchecked.  When that happens, the loads that these trucks are carrying can become deadly for anyone driving nearby.  The Car Crash Captain looks at how loose loads are illegal and deadly.

What is Cargo Bracing and Securing?

Bracing and securing is a particular method of securing the cargo to the trailer of a semi-truck.  It includes a variety of methods, such as bracing a load that could potentially roll (think about big spools of metal or wire).  It can also include lashing, tie downs, anchoring, and more.  Essentially it’s ensuring that no matter what happens on the road, no matter what weather blows through, and no matter if the driver is conducting the vehicle erratically, the cargo will be braced and secured against “falling off” the trailer and causing a road hazard.

The rules regarding how to tie down a load are strict and well laid out by the FMCSA.  These rules are put in place after injury and death has occurred, and the FMCSA reviews what happened.  When they find out that systematizing how a load must be secured, they implement rules on how it must be done.  Failure to secure a load is an explicit regulatory violation and evidence of negligence.

How does Bracing Fail in the Real World?

Most of the time loose loads happen not because of willful negligence on the part of the driver, but ignoring the fact that different loads require different bracing and securing.

For example, a truck driver hauling a load of lumber will use different straps and methods than one hauling rolls of sheet metal.

Common failure methods include using the wrong tiedowns (those that are not rated to handle the cargo being hauled), improper anchor points, improper blocking and bracing, old equipment that can no longer handle the stress of the load, and failure to understand the forces applied to the load during braking and turning.

Just because a strap is rated to a certain amount doesn’t mean that strap will actually hold during the entire trip.  Suppose you have a strap rated to 1,000 pounds and you secure cargo of 1,000 pounds with it.  As long as it’s just sitting there, no worries.  But when braking, turning, and to a lesser extent accelerating, the force applied to the cargo greatly exceeds 1,000 pounds.

Likewise, the force isn’t always applied where in one direction.  The load might be adequately secured in all areas, except for one.  During a particular turn, or curve in the road, the load puts too much pressure on a less-than-adequate strap, and the entire thing fails.

Who is Liable when Loose Loads Fail?

Like all commercial vehicle accidents, it’s not always the driver’s fault when a wreck occurs.  There are many different parties involved in these shipments, and the fault can lie with more than one party.

The driver is responsible for checking the equipment before hitting the road.  However, manufacturing defects can cause problems.  The trucking company might not supply the right equipment, or equipment that isn’t rated for the load the driver is hauling.

By looking at the driving records, maintenance records, load manifests, driver training, and more, your commercial vehicle crash attorney can help you receive the compensation you deserve after you have been injured in a wreck.

Talk to Herbert Law Group if You’ve Been Injured

Herbert Law Group has helped countless victims of commercial truck wrecks in the Dallas, Texas area.  If you have been involved in a crash, and you have been injured (or a loved one was killed), you need a truck wreck lawyer on your side.  From our offices in Richardson, we serve clients from all around the area including Dallas, Fort Worth, Plano, and more.

First, we have to know what happened.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free conversation to discover how we can help you find justice.

Commercial Trucking Wrecks Come from Skipped Maintenance

In 2019 a motorist and his passenger were traveling in Arkansas.  The driver was stopped at a red light, and a paving truck came up on them from behind.  The truck, while pulling a trailer, couldn’t stop in time and slammed into the back of the passenger vehicle, killing the driver and paralyzing the passenger.  Upon inspection, it was found that the brake pads and rotors on the truck had been replaced multiple times within the past few weeks.  Further inspection found that the trailer was improperly harnessed to the truck, and the trailer brakes weren’t engaging.  This was apparently an ongoing problem, causing increased wear and tear on the brakes and rotors for the truck – as they were wearing out much faster than expected.  This issue isn’t uncommon, and failure to maintain a vehicle can lead to disastrous results.  The Car Crash Captain, serving truck wreck victims in Richardson, Plano, Dallas, and the overall area, explains what you should know.

Maintenance Failures – The Data Behind the Problem

How often do brakes actually fail?  It sounds like something out of a cheesy horror movie – something like you’d watch in Final Destination.  The truth is, brake failure is way more common than it should be, and it largely boils down to the fact that the trucks weren’t properly maintained in the first place.

The FMCSA studies crashes and helps to implement regulatory rules to ensure that these wrecks don’t happen nearly as often.  They are organization that requires trucking companies to ensure their vehicles are well-maintained.  One reason they put such a strong emphasis on maintenance is due to the fact that nearly 30% of large truck crashes were due to brake failure or brakes that were out of adjustment (this means that the brakes may have been adequate, but the pushrod that moves the brake shoes isn’t adjusted properly for optimal brake usage).

Regulatory Rules for Truck Drivers and Trucking Companies

Because of this high number of wrecks caused by improperly maintained brakes, the FMCSA requires a number of inspection and maintenance records to show that the truck driver is doing what is required to operate a safe vehicle.

Records of inspections and repairs must be maintained and kept before the vehicle is operated.

The driver must perform a daily inspection to ensure the vehicle he or she is in control of can be safely operated on the roadways.

If these aren’t done, or if something is skipped or ignored on that inspection, the company can be fined – too many infractions can actually result in having their licenses revoked.  If they continue to operate, or if they routinely violate these rules but are still operating legally, and a wreck happens, it’s strong evidence of negligence that can be used against them when the victim pursues justice.  There is an issue that bad trucking companies can get around a lot of these rules, read up on those issues.

How Maintenance Neglect Leads to Catastrophe

The situation at the opening of this blog was a real scenario that happened just a few years ago.  But this sort of thing happens every day.  There are nearly 500,000 large truck wrecks every year in the USA, if 29% of them are due to brake failure, that means around 150,000 of those wrecks could have been prevented with proper maintenance.  That’s almost 400 wrecks every day because of braking issues with big trucks.

One of the problems, though, is that the driver, carrier, and the trucking insurance company won’t readily admit that they messed up.  They won’t openly acknowledge they shirked their inspection duties and caused a massive wreck.  That’s why it’s so important to have a personal injury lawyer, one that handles truck wrecks in Texas, on your side.

What Victims of Truck Wrecks in the DFW Area Should Do

Herbert Law Group knows how to deal with these kinds of wrecks.  Because nobody will offer up the information, we know how to find those maintenance logs, repair histories, inspection records, and more.  We can get it done quickly so you’re not left waiting, suffering from injuries, wondering when the claim will be settled.

If you’ve been in a wreck with a truck, you need a truck wreck lawyer.  Herbert Law Group has been helping truck accident victims in Richardson, Dallas, Plano, and the surrounding areas for years now, and we’re on your side.

What we need from you is a simple conversation about what happened.  We’ll learn about you, how you were injured, and we’ll come up with a plan.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll have a free initial consultation and we’ll come up with a plan on how we can help you receive justice.

Shady Insurance Settlement Tactics You May Encounter

In 2023, Bradley Shepherd and his son Colton were driving in Tacoma, Washington.  Going straight on the road, their world was rocked when a TruGreen commercial vehicle turned in front of them.  With hardly any time to react, Bradley hit the brakes, but wasn’t able to avoid the wreck.  His son suffered a fractured leg, and Bradley himself fractured his spine.

Over the course of the trial, the insurance company representing TruGreen offered a settlement that many would think, at first, to be fair: $2 million.  However, the lawyers representing Bradley knew that a quick settlement, even one that looked like enough, was shady.  A young boy with a fractured leg and a man in his 40’s that needed invasive surgery – their quality of life would never be the same.

When the case was finally resolved, in 2025, the jury awarded Bradley $12.74 million to ensure he would be compensated for sufferings now, and anything that arose in the future.  The Car Crash Captain explores why this case, even though it took 2 years to finalize, is an important lesson on how to deal with commercial vehicle insurance settlements.

How a Commercial Wreck Differs

We know there’s a difference between a commercial wreck and one with another motorist.  But just how are they different?  It seems like it should be straightforward, but these things can get pretty complicated.

• Parties – When colliding with a commercial vehicle there can be multiple parties that maintain some liability.
• Oversight – Commercial drivers must abide by both the state and federal regulations.
• Coverage – The coverage limits are generally much higher, especially when multiple layers exist.
• Complexity – Cases tend to be far more complex, and negotiations and trials can drag out for months and even years.
• Defense – Insurance companies, and their lawyers, will be much more aggressive in their defense tactics.
• Amounts – Settlement amounts tend to be much higher, usually because injuries, economic loss, and limits are greater.
• Delays – After a commercial wreck, the delays are usually longer as all the data and evidence are gathered.

There’s more at stake after a commercial wreck.  The injuries are greater, the accidents are more often fatal, and the settlements can run into many millions of dollars.  That’s why the lawyer representing the defense will use tactics to limit their exposure.

Tactics Insurance Companies Use after a Commercial Wreck

Many of the tactics that could be used are considered illegal.  However, there are plenty of shady methods that can be used that don’t fall into that category.

Early Offers – One of the most used tactics these companies use is to put out a settlement offer quickly.  This is usually a low-ball offer, and one that is set forth soon after the wreck.  The tactic is done because they know if things are investigated more carefully, the victim will understand they need more compensation to cover their losses.  By trying to settle quickly, the hope is that you will take an offer that isn’t adequate.

Hiding Logs – When the at-fault party knows they will be found liable, they might try to delay turning over the evidence that will show they are wrong.  Often, they don’t deliberately hide the logs, but they don’t make them easy to get.  You need an attorney to subpoena the logs when the other party refuses or delays turning them over.

Casting Blame – Because there isn’t always one party that’s fully responsible, the insurance company may try to cast the blame to another party that is at least partially responsible.  This helps to not only delay, but also to reduce the payout they might be on the hook for.

Delay Tactics – When you don’t accept that early and low-ball offer, they usually do whatever they can to delay the settlement.  Sometimes they claim the medical condition must stabilize before the full extent is known, sometimes they slowly turn over information, and sometimes they will straight up ignore you.

The big issue here is that this party knows they are at-fault, and they’re doing everything they can not to admit it, and to ultimately reduce what they rightfully owe.

Why You Need a Lawyer

And that means you’re often left battling for your own rights.  Without a lawyer, you have to do all of this investigatory work on your own.  Are you able to do that?  Do you know how to subpoena records, pursue compensation, reconstruct an accident scene, and deal with a shady insurance company that’s delaying your settlement?

Most likely, you don’t know how to do it.  Possibly, you couldn’t do it even if you were aware of all the necessary procedures.

Herbert Law Group Helps with Victims of Commercial Wrecks

That is why Herbert Law Group is here.  You should have one focus after a commercial wreck – to heal from your injuries.

We are here to fight for your rights.

Don’t try to do this alone; instead, let us help you find compensation and the justice you deserve.  It all starts with a phone call and a free conversation to figure out how we can help.  Call us at 214-414-3808, or fill out the contact form on our site and we’ll be in touch with you shortly.