A Guide to Truck Accident Claims in Texas

Truck accidents in Texas can be devastating, leading to serious injuries, property damage, and even fatalities. If you or a loved one has been involved in a truck accident, understanding your legal rights and the claims process is crucial. In the guide below, the Houston truck accident lawyers at Kherkher Garcia provide an overview of truck accident claims in Texas. We provide insight into the possible causes, liability, compensation, and the steps to take after an accident.

Statistics on Truck Accidents in Texas

In 2023 (the most recent data reported), Texas reported 35,827 crashes involving commercial trucks, averaging about 98 accidents per day statewide. Fatal crashes accounted for 2.3% of these incidents, resulting in 613 deaths.

The state’s largest urban areas – Houston, Dallas, and San Antonio – experienced the highest concentrations of truck accidents. Interstate highways such as I-10, I-35, and I-45 were identified as hotspots for these collisions.

These statistics highlight the significant impact of truck accidents on Texas roadways, emphasizing the importance of safety measures and regulations to protect all road users.

Common Causes of Truck Accidents in Texas

Truck accidents can occur for various reasons, many of which involve negligence. Common causes include:

• Driver Fatigue: Truck drivers often work long hours, leading to exhaustion and impaired judgment.
• Distracted Driving: Using a phone, eating, or other distractions can lead to accidents.
• Driving Under the Influence: Alcohol, drugs, or prescription medications can impair a driver’s ability to operate the truck safely. Intoxicated truck drivers cause numerous injuries and deaths every year.
• Speeding and Reckless Driving: Exceeding speed limits or making aggressive maneuvers increases the risk of collisions.
• Improper Truck Maintenance: Failure to inspect and repair brakes, tires, and other components can lead to mechanical failures.
• Overloaded or Improperly Loaded Cargo: Unbalanced loads can cause rollovers or jackknife accidents.
• Poor Weather and Road Conditions: Rain, fog, and slippery roads contribute to accidents, especially when truck drivers fail to adjust their driving accordingly.

Driver Fatigue Remains One of the Leading Causes of Truck Accidents

Driver fatigue continues to be one of the most alarming safety concerns in the trucking industry. Although federal Hours-of-Service regulations limit how long commercial drivers may operate without rest, fatigue-related crashes continue to occur at alarming rates.

Long-haul truck drivers frequently spend days or weeks on the road. Tight delivery schedules, traffic delays, weather conditions, and pressure to meet deadlines can all contribute to fatigue. Research shows that driving while fatigued can impair reaction time and decision-making similar to alcohol impairment. Investigations following serious truck accidents often examine:

• Electronic Logging Device (ELD) records
• Driver logbooks
• Dispatch communications
• Fuel receipts
• GPS data
• Rest break documentation
• Cell phone activity

If a driver or trucking company violated regulations or encouraged unsafe driving practices, those details may be important during litigation.

Why Truck Accidents Are Different Than Typical Car Accidents

Although every motor vehicle collision has the potential to cause serious injuries, truck accidents are fundamentally different from crashes involving only passenger vehicles. Commercial trucks can weigh up to 80,000 pounds when fully loaded, which is 20-30 times the weight of an average passenger car. That size and weight dramatically increase the violence of a collision, resulting in catastrophic injuries or fatalities.

Truck accident cases are also significantly more complex from a legal standpoint. Unlike many car accidents, multiple parties may share responsibility for a truck crash. In addition to the truck driver, liability may extend to:

• The trucking company
• Maintenance contractors
• Cargo loading company
• Manufacturers of defective truck components

Commercial trucking companies are also subject to extensive federal safety regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern everything from driver qualifications and hours of service to vehicle inspections, maintenance, cargo, and drug and alcohol testing.

Because of these additional factors, truck accident cases often require specialized investigation, technical experts, and attorneys with experience handling complex litigation.

Common Types of Truck Accidents

Commercial truck crashes occur in many different ways. Understanding the type of collision can help identify contributing factors and determine liability. In our experience at Kherkher Garcia, some of the common types of accidents include:

Jackknife Accidents

A jackknife occurs when the trailer swings outward from the cab, creating an angle similar to a folding pocketknife. These crashes often happen during hard braking or on slippery roads.

Rollover Accidents

Because of their height and weight distribution, tractor-trailers are susceptible to rollovers, particularly during sharp turns, at high speeds, or due to sudden evasive maneuvers.

Underride Accidents

Underride crashes occur when a passenger vehicle slides beneath the rear or side of a tractor-trailer.

Override Collisions

An override accident occurs when a large truck drives over the rear of a smaller vehicle. This is often due to longer stopping distance, failing to brake, or distracted driving.

Tire Blowout Accidents

Commercial truck tire failures can send debris into traffic, cause drivers to lose control, or trigger multi-vehicle crashes.

Cargo-Related Accidents

Improperly secured or overloaded cargo can shift during transport. This increases the risk of rollovers, jackknifes, or spilled loads that create hazards for other motorists.

Injuries and Impacts of Truck Accidents

Truck accidents often result in severe injuries due to the size and weight of commercial vehicles. Some of the most common injuries include:

• Traumatic Brain Injuries (TBI): Head injuries can lead to long-term cognitive and physical impairments.
• Spinal Cord Injuries: Damage to the spine can cause paralysis or chronic pain.
• Broken Bones: Fractures are common due to the force of impact in truck collisions.
• Internal Injuries: Damage to organs can be life-threatening and require immediate medical attention.
• Burns and Lacerations: Fires, fuel leaks, and shattered glass can cause serious burns and deep cuts.
• Emotional Trauma: Many survivors experience PTSD, anxiety, and depression following a truck accident.

The physical, emotional, and financial toll of these injuries can be overwhelming. Medical bills, rehabilitation costs, lost wages, and reduced quality of life are just a few of the challenges victims may face. Seeking legal representation can help ensure that injured parties receive the compensation they need to recover.

Who Is Liable for a Truck Accident in Texas?

Determining liability in a truck accident is complex, as multiple parties may be responsible, including:

• Truck Drivers: If the driver was negligent (e.g., speeding, distracted, fatigued), they may be held liable.
• Trucking Companies: Employers may be responsible if they failed to enforce safety regulations or pushed drivers to exceed legal work hours.
• Cargo Loaders: Improperly secured cargo can lead to accidents, making loading companies liable.
• Truck Manufacturers: Defective parts or mechanical failures can place liability on the manufacturer.
• Government Entities: If poor road maintenance or design contributed to the accident, the local or state government may be liable.

Federal Trucking Regulations Exist to Protect the Public

Commercial trucking companies must comply with numerous federal safety regulations, which are designed to reduce crashes and protect motorists. These regulations address topics such as:

• Driver training
• Recordkeeping
• Brake maintenance
• Vehicle inspections
• Drug and alcohol testing
• Hours-of-Service limitations
• Driver medical certifications
• Driver licensing requirements

When companies ignore these requirements, they expose their drivers and the public to unnecessary risks. Violations of safety regulations do not automatically establish liability. However, this can become important evidence during a truck accident investigation.

What to Do After a Truck Accident

If you are involved in a truck accident in Texas, taking the right steps can help protect your claim:

• Seek Medical Attention: Your health is the top priority. Even if you feel fine, injuries can surface later.
• Call Law Enforcement: A police report will provide crucial evidence for your claim.
• Document the Scene: Take photos and videos of the accident, vehicle damage, road conditions, and any visible injuries.
• Collect Contact Information: Get details from the truck driver, trucking company, and any witnesses.
• Do Not Admit Fault: Avoid making statements that could be used against you.
• Report the Accident to Your Insurance: Notify your insurer but avoid providing recorded statements without legal guidance.
• Consult a Truck Accident Attorney: A lawyer can help you navigate the claims process and fight for the compensation you deserve.

Why Early Investigation Is Critical

Time is one of the most important factors after a serious truck accident. Unlike ordinary vehicle crashes, trucking companies often dispatch investigators, insurance representatives, and defense attorneys to the scene quickly. Sometimes, they arrive within hours. Meanwhile, critical evidence can disappear quickly and witnesses may forget important details.

Early investigation is critical to protecting your legal rights. Important evidence can include:

• Electronic Control Module (ECM) data
• Black box downloads
• Dash camera recordings
• GPS tracking information
• Driver qualification files
• Maintenance records
• Drug and alcohol testing results
• Inspection reports
• Cell phone records
• Dispatch communications

Prompt investigation may also allow attorneys to preserve surveillance footage, interview witnesses while memories remain fresh, and prevent the loss or destruction of evidence.

Understanding the Compensation Available After a Truck Accident

Every truck accident case is unique, but victims may be entitled to recover compensation for both economic and non-economic losses.

• Medical Expenses: Emergency treatment, hospitalization, surgeries, prescription medications, physical therapy, rehabilitation, future medical care, and medical equipment.
• Lost Income: Victims may recover wages lost while recovering from their injuries. They may also qualify for compensation for diminished future earning capacity if they cannot return to their previous employment.
• Pain and Suffering: Texas law may allow injured individuals to recover damages for physical pain, emotional distress, mental anguish, and the overall impact injuries have on daily life.
• Permanent Disability or Disfigurement: Catastrophic injuries often leave victims with lifelong limitations. Compensation may account for permanent impairment, loss of independence, or visible scarring or disfigurement.
• Property Damage: Victims may recover the cost of repairing or replacing damaged vehicles or personal property.
• Wrongful Death Damages: When a truck accident results in a fatality, surviving family members may have the right to pursue damages for their loss. Damages may include funeral expenses, loss of financial support, mental anguish, and loss of companionship.

How Long Do You Have to File a Truck Accident Claim in Texas?

Texas has a two-year statute of limitations for personal injury claims, including truck accidents. This means you must file your lawsuit within two years of the accident date. Missing this deadline can result in losing your right to compensation.

Why You Need a Texas Truck Accident Attorney

Truck accident cases are complex, involving federal and state regulations, multiple liable parties, and aggressive insurance companies. A skilled attorney can help by:

• Investigating the accident and gathering evidence.
• Identifying all liable parties.
• Negotiating with insurance companies for a fair settlement.
• Filing a lawsuit and representing you in court if necessary.

Why Injured Victims Choose Kherkher Garcia

For more than three decades, Kherkher Garcia has represented individuals and families affected by catastrophic truck accidents. We have helped numerous clients throughout Texas and nationwide. Our attorneys understand that successful trucking litigation requires far more than reviewing a police report. We work with accident reconstruction specialists, engineers, medical experts, economists, and industry professionals to uncover the facts and build compelling cases.

Our experience includes pursuing claims involving:

• 18-wheeler collisions
• Commercial fleet accidents
• Delivery truck crashes
• Tow truck crashes
• Tanker truck accidents
• Wrongful death
• Catastrophic injuries
• Multi-vehicle highway collisions

Our results reflect our commitment to helping clients navigate some of the most difficult moments of their lives. Among our notable recoveries are:

• $90 million wrongful death verdict for the family of a person killed in a motor vehicle collision.
• $20 million wrongful death settlement for a family that lost multiple loved ones in a commercial delivery truck crash.
• $15 million wrongful death verdict for the family of a pedestrian fatally struck while lawfully crossing a street.
• $12.4 million verdict in a commercial truck accident case.

Every case is different, and past results do not guarantee future outcomes. However, these outcomes reflect our willingness to take on complex trucking cases and pursue justice for injured victims and grieving families.

Contact Kherkher Garcia after a Truck Accident

If you or a loved one has been injured in a truck accident in Texas, the experienced attorneys at Kherkher Garcia are here to help. We will fight for your rights and work to secure the compensation you deserve. Our Houston, Galveston, and Dallas truck accident lawyers at Kherkher Garcia are here to help.

Contact us today for a free consultation. Start your consultation now by calling 713-333-1030. You can also request information or ask questions by completing our online contact form.

Image by Freepik