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Truck Accidents

Reclamos por Accidentes de Camiones en Texas. Qué los Hace Diferentes

Israel Medina7 min read

Why Truck Accident Claims Are Not Like Other Car Accident Cases

When an 18-wheeler crashes into a passenger vehicle on a Texas highway, the outcome is almost always devastating. The average fully loaded commercial truck weighs around 80,000 pounds. A typical sedan weighs about 3,500 pounds. That massive difference in size and weight means truck accidents cause far more severe injuries and far more deaths than collisions between passenger vehicles.

But it is not just the severity of injuries that sets truck accident claims apart. The legal landscape surrounding these cases is fundamentally different from a standard auto accident. Federal regulations, multiple layers of insurance, corporate defendants with aggressive legal teams, and strict evidence preservation requirements all combine to create a legal environment that demands specialized knowledge and aggressive action from the very beginning.

Federal Regulations That Apply to Every Commercial Truck on Texas Roads

The Federal Motor Carrier Safety Administration (FMCSA) sets the rules that govern commercial trucking in the United States. These regulations cover everything from how many hours a driver can be behind the wheel to how cargo must be loaded and secured.

Hours of Service Rules

Under 49 C.F.R. Part 395, commercial truck drivers are subject to strict limits on how long they can drive without rest. A property-carrying driver may drive a maximum of 11 hours after 10 consecutive hours off duty. The driver may not drive beyond the 14th consecutive hour after coming on duty. After 60 or 70 hours on duty in 7 or 8 consecutive days, the driver must take a restart period.

These rules exist because fatigued driving is one of the leading causes of truck crashes in Texas. When a trucking company pressures its drivers to exceed these limits, or when a driver falsifies electronic logging device (ELD) records, the company and the driver both face serious liability.

Maintenance and Inspection Requirements

Under 49 C.F.R. Part 396, motor carriers must systematically inspect, repair, and maintain all commercial vehicles under their control. Drivers must complete pre-trip and post-trip inspection reports. Carriers must keep detailed maintenance records.

When a brake failure, tire blowout, or steering malfunction causes a crash, those maintenance records become critical evidence. A pattern of deferred maintenance or missed inspections can establish that the carrier knew about a dangerous condition and failed to correct it.

Multiple Parties May Be Liable

One of the biggest differences between a truck accident claim and a car accident claim is the number of potentially liable parties. In a car crash, liability usually falls on one or both drivers. In a truck accident, the following parties may share responsibility.

  • The truck driver for negligent driving, fatigue, distraction, impairment, or traffic violations
  • The trucking company for negligent hiring, inadequate training, pressure to violate hours of service rules, or failure to maintain vehicles
  • The cargo loading company for improperly loaded or unsecured freight that shifts during transit and causes a rollover or loss of control
  • The truck or parts manufacturer for defective brakes, tires, steering components, or other mechanical systems
  • A maintenance company for negligent repairs or inspections performed on the vehicle

Texas follows a modified comparative fault system under Chapter 33 of the Texas Civil Practice and Remedies Code. Each defendant's percentage of responsibility is determined separately. An injured plaintiff can recover damages as long as the plaintiff is not more than 50 percent at fault for the accident.

Catastrophic Injuries Demand Higher Compensation

The physics of a truck crash produce injuries that are far more severe than those seen in typical car accidents. Spinal cord injuries, traumatic brain injuries, multiple fractures, internal organ damage, severe burns, and amputations are common outcomes when an 80,000 pound truck strikes a passenger vehicle.

These injuries often require extensive medical treatment over many years or even a lifetime. Future medical expenses, lost earning capacity, permanent disability, chronic pain, and the profound impact on daily life all must be accounted for in the claim.

Texas law allows injured plaintiffs to recover both economic and non-economic damages. Economic damages include medical bills, lost wages, and future care costs. Non-economic damages include physical pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life.

Evidence Preservation Is Critical

Trucking companies know that evidence disappears quickly after a crash. Electronic logging device data can be overwritten. Onboard cameras may record on a loop. Maintenance records can be "lost." Dispatch communications can be deleted.

Texas law imposes a duty on parties to preserve evidence when litigation is reasonably anticipated. Sending a spoliation letter immediately after a truck accident is essential. This letter puts the trucking company and its insurer on notice that they must preserve all relevant evidence, including ELD data, GPS records, driver qualification files, drug and alcohol testing records, maintenance logs, dispatch communications, and any dash cam or onboard camera footage.

If a trucking company destroys evidence after receiving a spoliation letter, Texas courts can impose sanctions ranging from adverse inference instructions to striking the company's defenses entirely.

The Insurance Landscape Is More Complex

Most passenger vehicles in Texas carry liability coverage in the range of $30,000 to $100,000. Commercial trucks are required to carry significantly higher coverage. Under FMCSA regulations and Texas law, the minimum insurance requirements for commercial trucks depend on the type of cargo hauled.

  • General freight carriers must carry a minimum of $750,000 in liability coverage
  • Carriers transporting hazardous materials must carry between $1 million and $5 million depending on the type of hazardous material

These higher policy limits reflect the greater potential for damage and injury. They also mean that insurance companies defending truck accident claims deploy larger legal teams and more aggressive strategies to minimize or deny claims.

Act Quickly After a Texas Truck Accident

If you or a family member has been injured in a truck accident on a Texas highway, time is your most valuable resource. Evidence must be preserved before the trucking company can make it disappear. Witness memories fade. The statute of limitations under Section 16.003 of the Texas Civil Practice and Remedies Code gives you two years from the date of the accident to file a personal injury lawsuit.

Contact Medina and Medina for a Free Consultation

Medina and Medina has the experience and resources to take on large trucking companies and their insurers. Call us at (512) 883-0012. We will investigate the crash, preserve critical evidence, identify all responsible parties, and fight for the full compensation you deserve. You pay nothing unless we win.

Sobre el Autor

Israel Medina

Socio fundador de Medina & Medina, Israel Medina es un abogado de lesiones personales que sirve a familias en todo Texas.

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