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Commercial Truck Accident Lawyers in Texas

Securing Compensation & Justice for The Injured 

As a Texas driver, you reasonably expect the trucks sharing the road with you to operate by the standards they are held. However, negligence from any party on the road can lead to an accident that may cause severe injuries and significant property damage. Victims should seek legal counsel and representation from an experienced truck accident attorney to recover damages resulting from a truck accident.

Truck operations is a large industry composed of many companies and individuals. Pursuing compensation for a truck accident can be daunting because many of these companies have their dedicated legal team ready to represent their clients at every turn. 

For over three decades, Hilliard Law has been dedicated to serving people who are injured due to others’ negligence. Our aggressive and compassionate advocates will fight to help you obtain compensation that fairly covers your losses. 

Our experienced truck accident lawyers in Texas can help you fight for your rights while ensuring you receive the fair compensation you deserve. Contact us today at (866) 927-3420 for a free initial consultation.

What Is a Commercial Truck Accident?

A commercial truck accident refers to a collision involving a large truck and another vehicle or object. These large truck accidents can occur on highways, city streets, or even in parking lots. The impact of a commercial truck accident can be devastating, as the force generated by these vehicles can cause significant damage and injuries.

Commercial truck accidents can happen for a variety of reasons. Driver fatigue, for example, is a common cause of these accidents. Truck drivers often work long hours and may push themselves to meet tight deadlines, leading to exhaustion and impaired driving. Other factors, such as distracted driving, speeding, or driving under the influence of drugs or alcohol, can also contribute to commercial truck accidents.

Common Types of Truck Accidents

A truck accident involves a collision or incident where a large commercial vehicle, such as a semi-truck, tractor-trailer, or delivery truck, is involved. These accidents can occur due to various factors including driver error, vehicle malfunction, or external conditions. Due to the size and weight of these vehicles, truck accidents often result in severe damage and injuries.

Common types of truck accidents:

  • Jackknife Accidents
  • Rear-End Collisions
  • Underride Accidents
  • Head-On Collisions
  • T-Bone or Side-Impact Collisions
  • Rollover Accidents
  • Wide Turn Accidents
  • Blind Spot Accidents
  • Lost Load Accidents
  • Brake Failure Accidents

Common Causes of Truck Accidents

Truck accidents can result from a variety of factors, many of which involve human error, mechanical failures, environmental conditions, and regulatory non-compliance. Here are some of the most common causes:

  • Driver Fatigue
  • Distracted Driving
  • Speeding
  • Impaired Driving
  • Inadequate Training
  • Mechanical Failures
  • Improper Loading
  • Environmental Factors
  • Violation of Traffic Laws
  • Other Vehicles
  • Poor Maintenance Practices
  • Regulatory Non-Compliance

How Do These Accidents Differ from Regular Car Accidents?

Commercial trucks, commercial vehicles, and truck operations are subject to harsher regulations than the typical passenger car. From operator training and certifications to vehicle maintenance, the Federal Motor Carrier Safety Administration establishes federal regulations for trucks and trucking companies. These regulations set the bar for professional truck drivers and trucking corporations to meet.

The operation of a commercial vehicle requires extensive preparation, training, maintenance, and skill. Drivers, trucking companies, maintenance crews, and other parties are negligent when they fall short of the requirements set forth by governing bodies like the Federal Motor Carrier Safety Administration. Since their negligence could seriously endanger others, they should be held accountable to prevent similar accidents.

Violations of these regulations can have severe consequences. Not only do they increase the risk of fatal truck accidents themselves, but they also impact accident cases by establishing a clear disregard for safety standards on the part of the trucking company or driver. When pursuing a commercial truck accident lawsuit, it is crucial to thoroughly investigate whether any violations of these regulations occurred and how they contributed to the accident.

Interstate Trucking Regulations

Interstate trucking involves the transportation of goods across state lines. Due to the nature of these operations, the interstate commercial trucking industry is regulated by both federal and state laws. Federal claims typically involve violations of federal regulations, such as those set forth by the FMCSA. These claims may be appropriate if a violation of federal trucking regulations caused the accident.

Here are several key federal trucking regulations:

  • Hours of Service (HOS) Regulations: Truck drivers are limited to 11 hours of driving after 10 hours off duty and can’t drive beyond 14 hours after starting their shift. These rules help prevent fatigue-related accidents by ensuring drivers get adequate rest.
  • Electronic Logging Devices (ELDs): Drivers must use electronic logging devices to automatically record driving time and duty status. This helps enforce hours-of-service rules and prevents falsified logbooks.
  • Driver Qualification Standards: Truck drivers must hold a valid Commercial Driver’s License (CDL) and pass regular medical exams. Employers are required to maintain detailed qualification files for each driver, including driving history and drug testing records.
  • Vehicle Maintenance and Inspection Requirements: Commercial trucks must be inspected daily by drivers and undergo annual inspections by certified professionals. Any issues found must be reported and repaired before the truck can be operated.
  • Drug and Alcohol Testing Requirements: Drivers must undergo drug and alcohol testing before employment, randomly while employed, and after certain accidents. These tests aim to keep impaired drivers off the road.
  • Cargo Securement Rules: Truck cargo must be properly secured with approved equipment to prevent it from shifting or falling during transit. Special rules apply to certain types of cargo, such as logs or vehicles.
  • Weight and Size Limits: Most trucks cannot exceed 80,000 pounds without special permits and must meet federal size restrictions. Overloaded or improperly balanced trucks are harder to control and more likely to cause accidents.
  • Employer Responsibility and Safety Ratings: Trucking companies must ensure their drivers follow safety regulations and maintain proper oversight. The FMCSA tracks company performance through safety ratings, and poor ratings can result in audits or penalties.

State claims, on the other hand, are based on state laws and may be pursued if the accident was caused by a violation of state regulations or common law negligence. We can help you determine which type of claim is most appropriate for your situation.

When a trucking company or driver fails to comply with the regulations governing the industry, it can significantly impact accident cases. Our Texas truck accident lawyers will carefully review the details of the accident to identify any violations and demonstrate how they contributed to the occurrence of the accident and the resulting damages.

For example, if a truck driver exceeded the maximum allowable hours of service without taking the required rest breaks, it could be a violation of federal regulations. This violation may have contributed to driver fatigue, impairing their ability to safely operate the vehicle and increasing the likelihood of an accident. By establishing these violations, we can strengthen your case and help you pursue the compensation you deserve.

Class Actions & Mass Torts in Commercial Truck Accidents

In some cases, commercial truck accidents may involve multiple victims. A class action or mass tort lawsuit may be appropriate in such situations. These legal avenues allow multiple victims to bring their claims together, strengthening their position and increasing the likelihood of a favorable outcome.

Class actions and mass torts can be complex, requiring extensive coordination among the victims and their legal representation. Victims can pool their resources and evidence by joining forces, making a stronger case against the responsible parties. Our team has experience handling class actions and mass torts and can help explore your legal options.

Who Can Be Held Responsible for a Commercial Truck Accident in Texas?

Texas is an at-fault state, meaning whoever caused the accident is liable for paying for the damages. Injured accident victims in Texas have the right to hold at-fault parties accountable for the losses they generate.

Commercial truck accidents are often more complex when it comes to assessing liability because they generally involve more parties than regular vehicle accidents. Depending on your specific truck accident claims, a careful investigation may reveal multiple parties to be responsible. 

As the plaintiff, you must provide evidence supporting your claim that someone else’s negligence directly led to your accident and subsequent losses. 

Any of the following parties and others may be found liable for a truck accident:

  • Truck operators who drive while distracted or intoxicated
  • Employers who hire truck drivers without adequately vetting them
  • Trucking companies who require drivers to operate past their hours of service
  • Maintenance companies who fail to address known truck maintenance issues
  • Cargo loaders who load cargo onto trucks improperly

To help determine who may be liable, it is important to contact our team at Hilliard Law with our skills and resources to investigate and identify your specific legal options.

What Types of Compensation Can I Pursue After a Commercial Truck Accident?

After a truck accident, you may incur numerous losses from your injuries or from any property damage. If you can successfully establish that someone else’s negligence led to your accident, you may pursue compensation for all your accident-related losses.

Truck accident victims often recover damages for the following expenses and damages:

  • Emergency department care
  • Hospital bills
  • Medical procedures
  • Physical and cognitive rehabilitation
  • Prosthetics and mobility aids
  • Medical equipment and medications
  • In-home and long-term health care services
  • Medical travel expenses
  • Medically necessary home renovations (ramps, railings, stairlifts, etc.)
  • Vocational rehabilitation
  • Physical pain, emotional suffering, and mental anguish
  • Loss of enjoyment of life
  • Lost wages
  • Vehicle damages

Your personal injury claim should seek compensation equal to all losses you have incurred due to the accident. Without the assistance of our personal injury attorneys, you may miscalculate the impact of a crash and the incoming future costs they will need to cover. We can assess your claim and establish how much compensation would reasonably account for your losses.

What Should I Do Immediately After a Commercial Truck Accident?

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FREQUENTLY ASKED QUESTIONS real questions. Real answers.

  • How do I report the accident to the authorities?

    Reporting the accident to the authorities is essential in the aftermath of a commercial truck accident involving you. Contact the local police or highway patrol to report the incident. They will document the details of the accident and create an official report, which can be invaluable when building your case.

  • What should I not do following a commercial truck accident?

    While taking certain actions following a commercial truck accident is important, there are also things you should avoid. Do not admit fault or make any statements regarding your injuries or the accident to anyone other than the authorities and your attorney. Additionally, refrain from discussing the accident on social media platforms, as these posts can be used against you during the legal process.

  • Who can be held responsible for commercial truck accidents in Texas?

    Texas is an at-fault state, meaning whoever caused the accident is liable for paying for the damages. Injured accident victims in Texas have the right to hold at-fault parties accountable for the losses they generate.

    Commercial truck accidents are often more complex when it comes to assessing liability because they generally involve more parties than regular vehicle accidents. Depending on your specific truck accident claims, a careful investigation may reveal multiple parties to be responsible.

    Any of the following parties and others may be found liable for a truck accident:

    • Truck operators who drive while distracted or intoxicated
    • Employers who hire truck drivers without adequately vetting them
    • Trucking companies who require drivers to operate past their hours of service
    • Maintenance companies who fail to address known truck maintenance issues
    • Cargo loaders who load cargo onto trucks improperly

    As the plaintiff, you must provide evidence supporting your claim that someone else’s negligence directly led to your accident and subsequent losses. To help determine who may be liable, it is important to contact our team at Hilliard Law with our skills and resources to investigate and identify your specific legal options.

  • What evidence should I collect to support my case?

    Collecting evidence is crucial in establishing liability in a commercial truck accident case. Some essential evidence includes accident reports, witness statements, photographs of the accident scene, maintenance and inspection records, driver logs, and data from the truck’s event data recorder (EDR).

  • How do I establish negligence on the part of the trucking company or driver?

    To establish negligence on the part of the trucking company or driver, it is necessary to demonstrate that they breached their duty of care. This can be done by proving that they violated trucking regulations, failed to properly maintain the vehicle, engaged in reckless driving behavior, or were otherwise negligent in their actions.

  • How can a lawyer help maximize the compensation I receive?

    We can help maximize the compensation you receive by thoroughly investigating the accident, gathering compelling evidence, calculating the full extent of your damages, and negotiating with insurance companies on your behalf. Our experience and advocacy can greatly increase the likelihood of obtaining fair compensation for your losses.

  • Are there time limits for filing a lawsuit in Texas?

    Yes, there are time limits, known as statutes of limitations, for filing a lawsuit in Texas. It is important to consult with us as soon as possible to ensure you meet all necessary deadlines and preserve your right to pursue legal action.

  • When is it time to consider a settlement and when should I proceed to trial?

    Deciding whether to accept a settlement or proceed to trial is a critical decision based on your case's specific circumstances. We will carefully assess the strength of your case, the likelihood of success at trial, and the potential outcomes of both settlement negotiations and a trial before advising you on the right course of action.

  • What does the legal process look like if we go to trial?

    If your case goes to trial, the legal process will involve various stages, including jury selection, opening statements, witness testimonies, cross-examinations, presentation of evidence, closing arguments, and jury deliberation. Each stage is carefully orchestrated to ensure a fair and thorough evaluation of the case.

  • How long can I expect a trial to take and what should I be prepared for?

    The duration of a trial can vary depending on the complexity of the case and the court’s schedule. While some trials can be resolved in a matter of days, others may take weeks or even months. It is important to be prepared for the potential length of the trial and to have realistic expectations regarding the outcome.

Truck Accident FAQs

How long do I have to file a truck accident claim?
The statute of limitations varies by state, but most states require claims to be filed within 2 years of the accident. However, acting sooner helps preserve evidence and witness testimony.

What evidence is needed to support a truck accident claim?
Important evidence includes the police report, photos or videos of the accident scene, eyewitness statements, medical records, black box data from the truck, driver logs, and maintenance records.

Should I talk to the trucking company’s insurance adjuster?
You should not speak with the trucking company's insurance adjuster without consulting an attorney. Insurance representatives may try to minimize your claim or use your statements against you.

Can I still recover damages if I was partially at fault?
In many states, you can still recover compensation even if you were partially at fault, though your damages may be reduced. This is governed by comparative negligence rules, which vary by state.

How long does it take to settle a truck accident claim?
The timeline depends on the complexity of the case, the extent of your injuries, and whether the case goes to court. Some claims settle within months, while others can take a year or more.

What federal regulations apply to truck drivers?
Truck drivers and companies must follow Federal Motor Carrier Safety Administration (FMCSA) rules, including limits on driving hours, drug testing requirements, and vehicle maintenance standards. Violations can be used as evidence in a claim.

What if the truck driver was working for a company at the time of the accident?
If the truck driver was acting within the scope of their employment, the trucking company may be held vicariously liable for the driver’s actions.

What if the truck was carrying hazardous materials during the accident?
If a truck carrying hazardous materials caused an accident, additional laws and liabilities may apply. Victims might face more severe injuries, and multiple parties—such as the materials manufacturer or shipper—could be held responsible.

Can I file a claim if I was injured as a pedestrian or cyclist in a truck accident?
Yes. Pedestrians, bicyclists, or motorcyclists injured in truck accidents can file a personal injury claim just like other motorists. The process and potential damages are similar but may involve additional safety or visibility issues.

How does “black box” data help my truck accident case?
Many commercial trucks are equipped with electronic logging devices (ELDs), also known as "black boxes," that record speed, braking, driving time, and more. This data can be critical evidence in proving fault or driver fatigue.

What if the truck was owned by an independent contractor?
Determining liability can be more complex if the driver is an independent contractor. Depending on the arrangement, the trucking company might still be liable, especially if it controlled the driver’s routes, hours, or equipment.

Can I sue the truck manufacturer for a defect that caused the crash?
Yes, if a defective part—such as faulty brakes, tires, or steering components—contributed to the crash, you may have a product liability claim against the manufacturer or supplier.

What is the role of the FMCSA in my truck accident claim?
The Federal Motor Carrier Safety Administration (FMCSA) sets national safety regulations for commercial trucking. Violations of these regulations, such as exceeding hours of service or skipping inspections, can support your claim.

What happens if the trucking company is based in another state?
You can still file a claim or lawsuit even if the trucking company is based in another state. However, jurisdiction and venue issues can arise, making it especially important to work with an experienced truck accident attorney.

Can a truck accident case go to federal court?
Yes, if the parties are from different states and the damages exceed $75,000, the case could be moved to federal court under diversity jurisdiction. Your attorney can advise you on whether this is beneficial.

What if the truck driver was under the influence of drugs or alcohol?
If a truck driver was impaired, it strengthens your case significantly. You may also be eligible for punitive damages intended to punish reckless or unlawful conduct.

Do I need a lawyer for a truck accident claim?
Yes, hiring a lawyer is highly recommended. Trucking companies and their insurers have teams of attorneys protecting their interests. Our Texas truck accident attorney will help you build a strong case and maximize your compensation.

Real Results ReaL Justice

  • $50
    Million Settlement
    Wrongful Death

    In September 2021, Hilliard Law attorneys secured a $50 Million settlement for the family of a man who died in a commercial trucking accident.

  • $21.5
    Million Verdict
    Distracted Driving Accident

    Mr. Hilliard was the lead trial attorney in a case involving a woman who was injured in a two-vehicle accident. The driver of the second car, an employee of Coca-Cola, was talking on her cell phone at the time of the accident.

  • $20
    Million Settlement
    Catastrophic Injury

    After a week of trial, a $20 Million settlement was reached on behalf of a man who sustained a severe traumatic brain injury and back injury resulting from a commercial motor vehicle rollover crash caused by defective road construction conditions.

  • $7.5
    Million Settlement
    Rear-End Accident

    Hilliard Law recovered $7.5M for a client who sustained significant injuries after being rear-ended by a commercial truck.

  • $6
    Million Settlement
    Truck Accident

    Hilliard Law attorneys achieved a $6M settlement for a man who sustained serious injuries after being struck by an 18-wheeler.

  • $1.375
    Million Verdict
    Catastrophic Injury

    In 2019, Hilliard Law attorneys won a $1.375M jury for a man who sustained serious injuries in an automobile accident. This was a 2019 Top 100 Verdict.

Truck Accident Lawyers Helping Victims Recover Nationwide 

At Hilliard Law, we are dedicated to providing exceptional legal representation to victims of commercial truck accidents in Texas and across the nation. With our in-depth knowledge of the laws and regulations pertaining to these accidents, we have successfully guided numerous clients to fair and just settlements.

These accidents can result in devastating injuries, significant property damage, and even loss of life. The sheer size and weight of commercial trucks make them a formidable force on the road, and when negligence or recklessness comes into play, the consequences can be catastrophic.

Strong representation may help you during the legal process in several ways, including the following:

  • Providing legal knowledge
  • Negotiating on your behalf
  • Handling insurance adjusters and companies
  • Handling other legal representation
  • Maximizing your potential compensation
  • Determining the value of your case and which damages are eligible
  • Referring you to medical and other professionals
  • Providing you with helpful resources and information
  • Collecting and analyzing evidence
  • Joining or leading investigations
  • Reducing your overall stress levels

Contact Our Experienced Texas Commercial Truck Accident Lawyers

Our team of experienced Texas commercial truck accident attorneys understands the complexities involved in these cases. We know that determining liability and pursuing compensation requires a thorough investigation, professional analysis, and strong legal advocacy. That’s why we leave no stone unturned when it comes to building a solid case for our clients.

When you choose Hilliard Law to represent you, you can expect personalized attention and compassionate support throughout the legal process. We understand the physical, emotional, and financial toll that a commercial truck accident can take on you and your family, and we are committed to helping you seek the justice and compensation you deserve.

Our law firm also has a proven track record of success in handling commercial truck accident cases. We have recovered millions of dollars in settlements and verdicts for our clients, allowing them to move forward with their lives and recover from their injuries. We are not afraid to take on large trucking companies and their insurance providers, and fight to ensure laws and trucking practices are safe for other drivers on the road

Call (866) 927-3420 or contact us online today to schedule a free consultation.

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