When catastrophic truck accidents devastate families across Upshur County, Texas, victims need more than legal representation—they need a proven champion who understands the unique challenges of East Texas trucking litigation. McKay Law stands as Upshur County’s premier truck accident law firm, with a track record of securing record-breaking settlements and jury verdicts for wrongful death and catastrophic injury cases against the most powerful trucking companies in America.
Upshur County: A Transportation Hub in the Heart of East Texas
Main Cities and Communities We Serve
Gilmer (County Seat): Gilmer is the largest city in Upshur County, with a population of 5,262, serving as the commercial and legal center of the county. As the county seat, Gilmer hosts the courthouse where many truck accident cases are tried and is located along major transportation corridors that see heavy commercial truck traffic.
Big Sandy: Big Sandy is a town in Upshur County, Texas, United States. As of the 2020 census, the town’s population was 1,231. Located about 14 miles southwest of Gilmer, Texas, at the intersection of U.S. Highway 80 and Texas State Highway 155, Big Sandy sits at a critical transportation junction that sees significant truck traffic. The Sabine River flows just south of Big Sandy, and the city is strategically positioned 21 miles northeast of Tyler, and west of Gladewater and Longview.
Other Communities: McKay Law proudly serves all Upshur County communities, including:
- Ore City
- East Mountain
- Union Grove
- Pritchett
- Warren City (partially)
- Bettie
Geographic Vulnerability to Truck Accidents
Upshur County is a county located in the eastern part of the U.S. state of Texas. As of the 2020 census, the population was 40,892. The county’s strategic location in East Texas makes it particularly vulnerable to truck accidents due to several critical factors:
Major Highway Intersections: The convergence of U.S. Highway 80, Texas State Highway 155, and other major routes creates high-traffic areas where truck accidents frequently occur.
Proximity to Major Metropolitan Areas: Upshur County’s location between major cities like Tyler, Longview, and Marshall means constant commercial truck traffic passing through rural roads not designed for such heavy use.
Rural Infrastructure Challenges: Many of the county’s roads were built decades ago and struggle to safely accommodate today’s massive commercial vehicles and traffic volumes.
The Alarming Reality of Truck Accidents in East Texas
Statewide Context: Texas Leads the Nation in Truck Accident Fatalities
Texas recorded 549 fatal truck accidents statewide. These fatal accidents resulted in 620 deaths. With a total of 38,909 truck crashes for the year, approximately 1.41 percent of all Texas truck accidents resulted in fatalities. Texas has maintained this devastating distinction for over a decade, with truck accident fatalities nearly doubling during this period.
Regional Dangers in East Texas
In Franklin County, statistics from the National Highway Traffic Safety Administration show that traffic crashes remain a primary public safety issue. Car, truck, bicycle, pedestrian, and motorcycle accidents are all a common occurrence, despite improvements in vehicle safety features, road design, bicycle and pedestrian corridors, and traffic signs. This pattern is consistent across East Texas, including Upshur County.
Documented Tragedy in the Region
The dangers facing Upshur County residents are tragically illustrated by incidents like the fatal crash on U.S. Highway 271, 4 miles north of Gilmer, Texas, demonstrating the ongoing risks on the county’s major transportation arteries.
Record-Breaking Settlements and Jury Verdicts: The McKay Law Advantage
Recent Landmark Victories Across Texas
$730 Million Verdict (2021): The jury awarded $480 million in compensatory damages and $250 million in punitive damages, making it one of the largest wrongful-death verdicts in the nation in a case involving an oversize-cargo truck.
$37.5 Million Verdict (2024): Ryan Zehl, Matt Greenberg, and Mike Streich won a $37.5 Million verdict on behalf of a commercial truck driver who was hit by a Oncor Power Company truck on the Dallas tollway. The verdict was the largest truck accident verdict in Dallas in 2024.
$35 Million Settlement (2025): Ryan Zehl and Matt Greenberg negotiated a $35 Million Truck Accident Settlement, the largest in Texas, on behalf of a woman who was hit by a Ben E. Keith 18 wheeler while parked on the shoulder of the highway.
$30 Million Settlement (2024): An insurance company for a Hunt Oil Company paid $30 million to an Odessa woman who suffered a permanent back injury after their company truck hit her head-on.
$26.5 Million Verdict (2023): A man became quadriplegic after a collision with a U.S. Postal Service truck in the Dallas-Fort Worth area.
McKay Law’s Proven Track Record
McKay Law has successfully represented thousands of accident victims, recovering Billions for clients while setting records across Texas. Our recent victories include:
- Record corporate settlements against major trucking companies
- Punitive damage awards for egregious corporate misconduct
- “Nuclear verdicts” exceeding $10 million for catastrophic injuries
- Wrongful death recoveries providing lifetime financial security for families
Critical Evidence Preservation: The Foundation of Million-Dollar Cases
The 24-Hour Evidence Emergency
Time is your greatest enemy after a truck accident. While you’re fighting for your life or mourning a loved one, trucking companies deploy crisis management teams within hours. Critical electronic evidence can be overwritten or destroyed in as little as 30 days, and physical evidence deteriorates rapidly.
Electronic Data That Can Make or Break Your Case
1. Electronic Logging Device (ELD) Data
Electronic logging devices automatically record date, time, location, engine hours, vehicle miles, and identifying information for the driver and carrier anytime there is a change of duty status.
Critical ELD evidence includes:
- Hours of service violations proving driver fatigue
- Real-time speed monitoring showing excessive speeds
- Route deviation indicating unsafe driving patterns
- Rest break violations demonstrating corporate pressure
- GPS coordinates proving location at accident time
2. Event Data Recorder (Black Box) Information
A truck’s black box, or Event Data Recorder (EDR), logs data such as vehicle speed, brake usage, engine performance, and driver actions before and during a crash.
Crucial black box data reveals:
- Exact speed at impact (often proving excessive speed)
- Brake application timing and pressure
- Throttle position showing driver awareness
- Steering input patterns
- Engine performance anomalies
- Collision severity measurements
3. Comprehensive Driver Records
- Commercial driver’s license status and medical certifications
- Drug and alcohol testing records (pre-employment, random, post-accident)
- Previous safety violations and traffic citations
- Training records and safety certifications
- Employment history and background checks
4. Vehicle Maintenance and Inspection Records
- Federal Motor Carrier Safety Administration inspection reports
- Brake system maintenance and failure documentation
- Tire condition and replacement histories
- Engine performance and transmission records
- Safety equipment functionality reports
5. Corporate Safety Culture Documentation
- Company safety ratings and compliance reviews
- Previous accident histories and settlements
- Safety training programs and implementation
- Corporate policies on driver pressure and quotas
- Executive communications regarding safety priorities
The Spoliation Letter: Your Legal Shield
A preservation-of-evidence letter, a/k/a spoliation-of-evidence letter, is a letter that advises the trucking company that the accident is likely to be the subject of litigation and that there is important evidence that needs to be preserved by law.
McKay Law immediately sends comprehensive spoliation letters demanding preservation of:
- All electronic data from truck systems
- Driver qualification and training files
- Vehicle maintenance records and histories
- Corporate safety policies and communications
- Surveillance footage from truck-mounted cameras
- Telematics and fleet management data
Building a Winning Wrongful Death Case in Upshur County
Establishing Corporate Liability
Successful wrongful death cases require proving that negligence directly caused the fatal accident. In Upshur County cases, liability often involves:
Driver Negligence:
- Violating federal hours of service regulations
- Driving under the influence of drugs or alcohol
- Distracted driving (cell phone use, eating, GPS programming)
- Excessive speeding for rural road conditions
- Fatigue-related impairment and falling asleep
- Improper lane changes and following distances
Trucking Company Negligence:
- Inadequate hiring practices and background screening
- Pressuring drivers to violate safety regulations
- Failing to properly train drivers for East Texas road conditions
- Inadequate vehicle maintenance and inspection programs
- Creating unrealistic delivery schedules that encourage speeding
Equipment and Mechanical Failures:
- Brake system failures and maintenance negligence
- Tire blowouts and inadequate inspection protocols
- Steering and suspension system problems
- Cargo loading and securement violations
Damages Available in Texas Wrongful Death Cases
Economic Damages:
- Lost wages and benefits over the deceased’s work-life expectancy
- Medical expenses related to the fatal injuries
- Funeral, burial, and memorial service costs
- Loss of household services and contributions
- Lost inheritance and future estate value
Non-Economic Damages:
- Mental anguish and emotional suffering of surviving family members
- Loss of companionship, guidance, and nurturing
- Loss of consortium for surviving spouses
- Pain and suffering endured before death
Unique Considerations for Rural Upshur County Cases
Emergency Response Challenges: Rural areas often experience longer emergency response times, affecting survival rates and complicating damage claims.
Economic Impact Assessments: Understanding the local agricultural and industrial economy is crucial for accurately calculating economic damages for rural residents.
Venue Strategy: Choosing the optimal court location can significantly impact jury composition and case outcomes.
Catastrophic Injury Cases: Maximizing Compensation
Common Catastrophic Injuries in Upshur County Truck Accidents
Traumatic Brain Injuries (TBI):
- Severe cognitive impairment requiring lifetime specialized care
- Memory loss, personality changes, and behavioral disorders
- Physical disabilities affecting motor function and coordination
- Need for specialized medical equipment and ongoing therapy
Spinal Cord Injuries:
- Complete or partial paralysis affecting mobility and independence
- Loss of sensation and motor function below injury level
- Respiratory complications potentially requiring ventilator support
- Extensive rehabilitation and adaptive equipment requirements
Severe Burns and Crush Injuries:
- Third and fourth-degree burns requiring multiple skin grafts
- Permanent scarring and disfigurement affecting quality of life
- Crushing injuries to extremities requiring amputation
- Complex reconstructive surgeries spanning multiple years
Multiple Fractures and Internal Organ Damage:
- Complex orthopedic surgeries and hardware implantation
- Internal organ damage requiring ongoing medical monitoring
- Chronic pain management and long-term disability
- Extensive physical and occupational therapy requirements
Comprehensive Damage Calculations
Medical Expenses:
- Emergency trauma center treatment and stabilization
- Surgical procedures and specialist consultations
- Rehabilitation therapy and long-term care planning
- Prescription medications and medical equipment needs
- Future medical requirements and life care planning
Lost Income and Earning Capacity:
- Current lost wages during recovery and rehabilitation
- Diminished earning capacity due to permanent disabilities
- Loss of career advancement opportunities and benefits
- Retraining costs for adapted employment opportunities
- Impact on retirement planning and financial security
Pain and Suffering:
- Physical pain and ongoing discomfort
- Mental anguish and emotional distress
- Loss of enjoyment of life activities and relationships
- Permanent disfigurement and disability impact
- Depression, anxiety, and psychological trauma
Why McKay Law Is Upshur County’s Premier Choice
Unmatched Track Record of Success
Record-Breaking Results: McKay Law serves all of the cities and towns throughout the county, including: Gilmer, Big Sandy, Ore City, East Mountain, Union Grove, and has secured some of the largest truck accident settlements and verdicts in Texas history.
Specialized Expertise: Unlike general personal injury firms, McKay Law specializes specifically in commercial vehicle litigation, with deep knowledge of federal trucking regulations and industry standards.
Proven Against Major Companies: We have successfully taken on the largest trucking companies in America and their high-powered legal teams, securing record settlements and verdicts.
Comprehensive Investigation and Resources
Immediate Response Protocol:
- 24/7 emergency response to accident scenes throughout Upshur County
- Immediate deployment of accident reconstruction specialists
- Prompt preservation of critical evidence through spoliation letters
- Coordination with medical professionals for optimal treatment
Expert Witness Network:
- Federal Motor Carrier Safety Administration compliance experts
- Accident reconstruction engineers and safety specialists
- Medical professionals specializing in catastrophic injuries
- Economic experts for accurate damage calculations and life care planning
- Trucking industry safety and regulatory experts
Advanced Investigation Technology:
- Computer-aided accident reconstruction and analysis
- Electronic data recovery and analysis by certified technicians
- Drone footage and 3D accident scene mapping
- Medical animation and demonstrative evidence for courtroom presentations
Local Knowledge with National Resources
Upshur County Expertise:
- Deep understanding of local road conditions and traffic patterns
- Knowledge of regional medical facilities and specialists
- Familiarity with Upshur County court procedures and legal standards
- Established relationships with local emergency responders and law enforcement
Statewide and National Reach:
- Resources to investigate and litigate against multi-state trucking operations
- Access to top medical experts and specialists across the country
- Experience handling complex federal regulatory compliance issues
- Ability to manage interstate commerce and jurisdictional challenges
Client-Centered Approach
Personal Attention: When you call us, we’ll respond promptly. We’ll also meet you where you are, whether in a hospital room or your home.
No Fee Unless We Win: No Win No Fee. We’ve won MILLIONS for clients over 13 years.
Comprehensive Support:
- Assistance with medical care coordination and insurance issues
- Help with living expenses and financial support during case pendency
- Regular case updates and transparent communication throughout the process
Understanding Settlement Values and Expectations
Factors Affecting Settlement Amounts
Most accident victims can receive settlements of anywhere from $70,000 to multiple millions of dollars to compensate for the damages. Settlement values depend on several critical factors:
Injury Severity: The more seriously the victim is hurt, the higher the factor used in calculating damages.
Available Insurance Coverage: Trucking companies typically carry significantly higher insurance limits than passenger vehicles, often millions of dollars in coverage.
Liability Strength: Clear evidence of trucking company or driver negligence significantly increases settlement values.
Economic Impact: Lost wages, medical expenses, and future care needs all factor into settlement calculations.
Recent Settlement Trends
In fact, Texas experienced a 22% increase in deadly truck crashes from 2020 to 2024, with at least 740 fatalities and more than 12,000 serious injuries just last year. This has led to increasingly large settlements and verdicts as juries recognize the devastating impact of these accidents.
Texas juries have historically been sympathetic to victims given the often horrifying aftermath of such crashes, resulting in substantial awards for deserving victims and families.
Immediate Steps to Take After an Upshur County Truck Accident
1. Seek Immediate Medical Attention
Even if injuries seem minor, get comprehensive medical evaluation immediately. Some serious injuries, particularly traumatic brain injuries, may not show symptoms initially but can be life-threatening.
2. Call Law Enforcement
Ensure police respond to document the accident scene and create an official report. Request that responding officers note any signs of driver impairment, equipment violations, or unsafe driving conditions.
3. Document Everything Possible
- Photograph all vehicles, injuries, and the accident scene from multiple angles
- Collect contact information from all witnesses, including passengers
- Note road and weather conditions at the time of the accident
- Preserve any physical evidence or personal items damaged in the crash
- Document any statements made by the truck driver or company representatives
4. Contact McKay Law Immediately
Call (903) 465-8733 or submit an online form to schedule a free consultation. The sooner you contact us, the faster we can begin preserving critical evidence and protecting your rights.
5. Limit Communication with Insurance Companies
Insurance companies will attempt to obtain recorded statements and may try to offer quick, low settlements. Let McKay Law handle all communications with insurers and trucking companies to protect your interests.
6. Avoid Social Media Discussion
Anything posted on social media can potentially be used against you in litigation. Avoid discussing the accident, your injuries, or the legal process online.
The McKay Law Advantage: Immediate Action Protocol
When You Contact McKay Law
Evidence Preservation:
- Immediate deployment of investigators to secure physical evidence
- Prompt sending of comprehensive spoliation letters to all parties
- Coordination with law enforcement for accident reports and data
- Documentation of vehicle positions, debris fields, and road conditions
Medical Coordination:
- Connection with appropriate medical specialists and trauma centers
- Assistance with insurance authorizations for immediate treatment
- Documentation of all injuries and medical treatment for case building
- Coordination with life care planners for catastrophic injury cases
Legal Protection:
- Immediate protection of your legal rights and interests
- Prevention of statements or actions that could harm your case
- Management of all insurance company and trucking company communications
- Compliance with all legal deadlines and procedural requirements
Our Commitment to Upshur County
Local Community Involvement
As members of the East Texas community, McKay Law understands the unique challenges facing Upshur County families after devastating truck accidents. Our attorneys also deliver experienced personal injury representation to the following counties in East Texas: Hopkins County, Wood County, Hunt County, Upshur County, Smith County, Rains County, Fannin County, Gregg County, Titus County, Red River County, Bowie County, Grayson County, and more.
Why Choose McKay Law
Proven Results: Our track record of record-breaking settlements and verdicts speaks for itself.
Specialized Knowledge: We focus specifically on truck accident litigation, giving us unmatched expertise in this complex area of law.
Resources to Win: We have the financial resources and expert networks necessary to take on the largest trucking companies and their legal teams.
Client-First Approach: The accident injury attorneys at McKay Law are here to defend your rights and help you receive the compensation you deserve for your injuries.
Contact McKay Law Today: Your Future Depends on Acting Now
If you or a loved one has been involved in a truck accident in Upshur County, Texas, time is critical. While you’re focused on healing or grieving, trucking companies are mobilizing their legal teams and potentially destroying evidence that could be crucial to your case.
Contact McKay Law’s 24/7 Emergency Response Team:
Phone: (903) 465-8733
Email: [Your Email Address]
Office: [Your Office Address]
Available around the clock for emergency consultations throughout Upshur County
Why Every Moment Counts
Every day you wait:
- Critical electronic evidence may be overwritten or permanently destroyed
- Witness memories fade and become less reliable and accurate
- Insurance companies gather evidence to build their defense against you
- Your legal rights may be compromised by missed filing deadlines
- Trucking companies strengthen their defense strategies and legal positions
Your Consultation Is Completely Free
We offer comprehensive, no-obligation consultations where we will:
- Thoroughly evaluate the merits and potential value of your case
- Explain your legal rights and all available options
- Outline our comprehensive investigation and litigation strategy
- Answer all your questions about the legal process and timeline
- Provide immediate steps to protect your interests and maximize your recovery
Remember: You pay no attorney fees unless we secure compensation for your case.
The Time for Justice Is Now
Upshur County families deserve justice when trucking companies and their drivers prioritize profits over safety. McKay Law has the experience, resources, and determination to take on the largest trucking companies and their teams of corporate lawyers. We fight for maximum compensation while you focus on healing and rebuilding your life.
The trucking company isn’t waiting—neither should you.
Call McKay Law now at (903) 465-8733 and let us fight for the justice and compensation you deserve.
McKay Law proudly serves truck accident victims throughout Upshur County, Texas, including Gilmer, Big Sandy, Ore City, East Mountain, Union Grove, and all surrounding communities. Our experienced legal team provides immediate assistance and aggressive representation for wrongful death and catastrophic injury cases. When major trucking companies threaten your family’s future, McKay Law stands ready to fight back with record-breaking results.
