Texas 18-Wheeler Accident? Get a Tough Injury Lawyer

Why 18-Wheeler Cases Are Different in Texas

Crashes with tractor-trailers often cause severe injuries, complex investigations, and high-stakes insurance disputes. Unlike typical car wrecks, commercial motor carriers and their drivers are subject to federal and state safety rules, including hours-of-service limits and specialized maintenance and inspection requirements (FMCSA HOS; 49 CFR Part 396). Carriers must also maintain driver qualification files and related records (49 CFR Part 391).

Multiple parties, such as the driver, motor carrier, broker, shipper, maintenance contractors, parts manufacturers, and even other motorists or roadway entities, may share responsibility depending on the facts. Claims against certain parties (for example, freight brokers) may be limited or preempted by federal law in some circumstances (49 U.S.C. § 14501(c)). Acting quickly to preserve evidence is critical because key data can be lost or overwritten in the normal course of business.

Common Causes We See in Trucking Crashes

• Driver fatigue and hours-of-service issues (HOS rules)
• Speeding, unsafe following distance, or improper lane changes
• Distracted driving or impairment
• Improper loading or cargo securement
• Inadequate hiring, training, or supervision
• Poor maintenance; tire or brake failures (Inspection and maintenance standards)
• Hazardous roadway conditions and inadequate signage

Each crash is unique. A prompt, thorough investigation helps uncover the chain of decisions that led to the collision.

Who May Be Liable

Liability in Texas trucking cases can extend beyond the driver:

• Motor carrier/employer under respondeat superior and for negligent hiring, training, supervision, or retention
• Freight broker or shipper in limited circumstances (for example, negligent selection or load/securement involvement where supported by facts); note that some claims may be restricted by federal preemption (49 U.S.C. § 14501(c))
• Maintenance vendors for negligent inspections or repairs
• Manufacturers for defective parts or systems
• Other motorists or roadway entities when their conduct contributed

Identifying all potentially responsible parties early helps protect your ability to recover full compensation.

Evidence to Protect Right Away

Time-sensitive evidence can make or break a trucking case:

• Electronic logging device (ELD) records and engine/ECM or event data recorder information (FMCSA on ELDs; NHTSA on EDRs)
• Driver qualification, hours-of-service, and dispatch records (49 CFR Part 391)
• Bills of lading, load/securement documents, and weight tickets
• Maintenance, inspection, and repair histories (49 CFR Part 396)
• Dashcam, surveillance, and responding officers bodycam footage
• Law enforcement crash report and scene measurements
• Tire marks, debris fields, and vehicle preservation for expert inspection

Your lawyer can send preservation notices and, if needed, seek court relief to prevent spoliation of key evidence. Texas courts recognize remedies when parties fail to preserve relevant evidence (Brookshire Bros. v. Aldridge).

What Compensation May Be Available

Depending on the facts and Texas law, recoverable damages may include medical expenses, lost earnings and loss of earning capacity, pain and suffering, physical impairment, disfigurement, and property damage. In egregious cases, punitive (exemplary) damages may be pursued where the legal standard is met. Families in fatal crashes may have wrongful death and survival claims.

What To Do After an 18-Wheeler Crash

• Call 911 and get medical care. Follow treatment recommendations and keep all records.
• If safe, photograph vehicles, DOT numbers, license plates, cargo, skid marks, road conditions, and injuries.
• Get witness names and contact information.
• Avoid giving recorded statements or signing releases for insurers before legal counsel reviews them.
• Keep bills, repair estimates, tow and rental receipts, and proof of missed work.
• Contact a Texas truck accident lawyer promptly to protect evidence and your rights.

Dealing With the Insurance Companies

Commercial insurers and motor carriers move fast after a crash. Adjusters may request broad authorizations, recorded statements, or quick settlements before the full scope of injuries is known. You have the right to consult counsel first. An attorney can handle communications, negotiate on your behalf, and help ensure that any resolution accounts for current and future medical needs and other losses.

Deadlines and Time Limits

Texas law sets important time limits. In most personal injury cases, the general statute of limitations is two years (Tex. Civ. Prac. & Rem. Code § 16.003). If a governmental unit may be at fault (for example, a roadway defect), formal notice deadlines can be short, often within six months, and some local governments have even shorter notice periods (Tex. Civ. Prac. & Rem. Code § 101.101). Evidence like electronic records may be overwritten in the ordinary course of business. Because deadlines vary based on the facts and parties involved, speak with a lawyer as soon as possible.

How a Texas Truck Accident Lawyer Helps

• Rapid evidence preservation and scene inspection
• Retaining experts in accident reconstruction, trucking safety, biomechanics, and medical specialties
• Identifying all responsible parties and insurance layers
• Calculating damages, including future care and wage loss
• Navigating federal and state trucking regulations
• Negotiating with insurers and, when necessary, filing suit and taking the case to trial

FAQ

How long do I have to file a truck accident lawsuit in Texas?

Generally two years from the date of the crash, but exceptions and shorter notice rules can apply, especially if a governmental entity is involved. Speak with a lawyer promptly.

Should I talk to the trucking company insurer?

Not before you consult an attorney. Insurers may seek recorded statements or broad authorizations that can hurt your claim.

What if I was partially at fault?

Texas uses proportionate responsibility. You may recover reduced damages if you are not more than 50% at fault.

What evidence is most important early on?

ELD and ECM/EDR data, driver logs and dispatch records, vehicle preservation, scene photos, and witness statements.

No Upfront Fees

Many Texas injury firms handle trucking cases on a contingency fee, meaning you pay no attorneys fees unless there is a recovery. Ask about case costs and how they are handled.

Speak With a Texas 18-Wheeler Accident Lawyer

If you or a loved one was hurt in a crash with a tractor-trailer anywhere in Texas, early legal help can make a difference. Contact us for a free consultation. We can explain your options, start preserving evidence, and pursue the compensation you are entitled to under Texas law.

Disclaimer

This blog post is for general information only, is not legal advice, and does not create an attorney-client relationship. Laws and deadlines can change and may vary by facts and jurisdiction. Consult a licensed Texas attorney about your specific situation.

Sources

• FMCSA: Summary of Hours-of-Service Regulations
• FMCSA: Electronic Logging Devices
• 49 CFR Part 391 (Driver Qualifications and Records)
• 49 CFR Part 396 (Inspection, Repair, and Maintenance)
• Tex. Civ. Prac. & Rem. Code § 16.003 (Limitations)
• Tex. Civ. Prac. & Rem. Code § 101.101 (Notice to Governmental Units)
• 49 U.S.C. § 14501(c) (FAAAA Preemption)
• NHTSA: Event Data Recorders (EDRs)
• Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014)
• Texas Statutes (Official Website of the Texas Legislature)