Understanding Truck Accident Liability

Truck accidents are different from typical passenger vehicle crashes because responsibility may extend well beyond the driver. A trucking company, vehicle owner, cargo company, maintenance provider, manufacturer, or another business could share responsibility for the collision and your injuries.

Determining truck accident liability is an essential part of your personal injury claim. Identifying every responsible party helps establish what happened, why it happened, and which individuals, companies, and insurance policies should be included in your claim.

Our truck accident lawyers at Pierce Skrabanek have extensive experience handling these claims. We understand the federal and state rules governing commercial trucking and know how to investigate the companies and records behind an 18-wheeler crash.

Contact us at (832) 690-7000 for a free consultation about your case.

What Is Truck Accident Liability?

Liability refers to legal responsibility for a collision and the resulting injuries and losses. In a commercial trucking case, determining liability requires looking at the actions of the driver as well as the companies responsible for putting that truck on the road.

Large tractor-trailers weigh significantly more than other motor vehicles:

• Passenger cars generally weigh between 3,200 and 6,000 pounds;
• Large SUVs can weigh between 6,001 and 10,000 pounds; and
• Tractor-trailers, flatbeds, 18-wheelers, and semi-trucks can weigh up to 80,000 pounds without a special permit.

That weight difference contributes to the severity of many commercial vehicle crashes, but it does not tell us who caused one.

The liability investigation looks at issues such as the driver's conduct, hours behind the wheel, vehicle maintenance, cargo securement, company safety practices, and whether federal or state safety requirements were violated.

Who Is Liable for a Truck Accident?

Several parties may be responsible for the same truck accident. At Pierce Skrabanek, we investigate the commercial operation behind the vehicle to determine whose conduct contributed to the crash.

Potentially liable parties include:

• The truck driver. A driver may be responsible for speeding, distraction, fatigue, impairment, unsafe lane changes, following too closely, or violating safety requirements.
• The trucking company. A motor carrier may be responsible for its employee's conduct and for its own failures involving hiring, training, supervision, scheduling, inspection, or maintenance.
• The owner of the truck. Some trucking companies lease rather than own their vehicles. The vehicle owner may bear responsibility when inadequate maintenance, repairs, or inspections contributed to the crash.
• The owner or loader of the freight. Improperly loaded or unsecured cargo can shift, fall from the trailer, affect the truck's balance, or contribute to a rollover.
• The truck or parts manufacturer. Defective brakes, tires, steering components, or other vehicle parts can lead to a separate product liability claim.
• Third-party maintenance companies. A contractor that performed inadequate brake, tire, or mechanical work could share responsibility when that failure contributed to the collision.
• Other transportation companies. Brokers and other businesses involved in arranging transportation can become part of the liability analysis when their own conduct supports a claim.

Finding every responsible party is especially important when a crash causes catastrophic injuries and one insurance policy is not enough to cover the losses.

Are There Laws and Regulations for Truck Drivers?

Commercial drivers must follow state traffic laws along with federal requirements established by the Federal Motor Carrier Safety Administration.

Important truck driver regulations address:

• Licensing and qualifications. Commercial drivers must meet licensing and qualification requirements for the vehicles they operate.
• Medical requirements. Drivers subject to federal rules must meet applicable physical qualification standards.
• Drug and alcohol use. Federal regulations govern testing and prohibit commercial driving under specified drug- and alcohol-related circumstances.
• Hours of service. Property-carrying drivers subject to federal hours-of-service rules generally may drive for up to 11 hours after 10 consecutive hours off duty. They cannot drive beyond the 14th consecutive hour after coming on duty and generally must take a 30-minute break after eight cumulative hours of driving without a qualifying interruption.
• 60/70-hour limits. Drivers generally cannot drive after accumulating 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days, based on the carrier's operating schedule.

These limits are designed in part to address driver fatigue. Electronic logging device records can help determine how long a driver had been working and driving before a collision.

What Laws and Regulations Apply to Semi-Trucks?

Commercial trucks themselves are subject to extensive safety requirements.

Federal trucking regulations address areas such as:

• Cargo securement. Freight must be loaded and secured so it does not shift, leak, spill, blow, or fall from the vehicle during normal operation.
• Inspection and maintenance. Motor carriers must systematically inspect, repair, and maintain vehicles under their control.
• Brakes, tires, lights, and other equipment. Commercial vehicles must meet federal equipment and safety requirements.
• Required vehicle markings. Trucks subject to federal rules must display required identifying information, including applicable USDOT numbers and hazardous-material markings.
• Electronic logging devices. Many drivers subject to hours-of-service requirements must use ELDs to record driving time.
• Hazardous materials. Additional requirements govern the transportation, identification, and handling of regulated hazardous cargo.

A safety violation becomes especially important when it relates directly to the cause of a crash.

How Do FMCSA Regulations Create Liability Standards?

FMCSA rules establish specific safety duties for commercial drivers and motor carriers. When a trucking company or driver violates a rule relevant to a collision, that violation can become part of the liability case.

For example, a crash investigation may reveal that:

• A driver exceeded allowable hours before falling asleep behind the wheel;
• A carrier allowed a truck to remain in service despite known brake problems;
• Required inspections were skipped or inaccurately recorded;
• Cargo was not properly secured; or
• A driver did not meet required qualifications.

Federal violations do not eliminate the need to prove that the defendant's conduct caused the crash and your injuries. They can, however, provide important information about what the driver or company was required to do and where the safety failure occurred.

What Factors Lead to a Truck Accident?

Large truck accidents can result from driver mistakes, mechanical failures, unsafe company practices, or a combination of problems.

Common factors include:

• Driver fatigue;
• Inexperience or inadequate training;
• Distracted driving;
• Speeding;
• Lack of familiarity with the roadway;
• Driving under the influence of alcohol or drugs;
• Poor truck maintenance;
• Defective brakes or tires;
• Improperly loaded or unsecured cargo; and
• Pressure to meet unrealistic delivery schedules.

A complete investigation should look beyond the final driving error. A driver who lost control may have been operating on worn tires, carrying an improperly balanced load, or driving beyond permitted hours because of company scheduling practices.

What if There Are Multiple Parties Liable for My Truck Accident?

Truck accidents frequently involve more than one responsible party. A fatigued driver could cause a crash while working for a company that encouraged excessive driving hours. A poorly maintained truck could also contain a defective component. Each responsible party must be evaluated separately.

This makes preserving information from the trucking operation critical. Trucking companies may repair damaged vehicles and return them to service, and electronic or business records can be overwritten or discarded through routine retention practices.

Important information can include:

• The truck's black box and other electronic vehicle data;
• Electronic logging device records;
• GPS information;
• Daily inspections;
• Maintenance and repair records;
• Roadside and annual inspections;
• Complaints involving the driver;
• Driver qualification and employment files;
• Training records and driving history;
• Drug and alcohol testing records;
• Medical qualification information;
• Speed and changes in speed before impact;
• Hours driven before the collision;
• Dispatch records;
• Communications between the driver and company;
• Cargo and loading records; and
• Company policies, safety procedures, and out-of-service orders.

Our attorneys can send preservation demands instructing the appropriate companies to retain relevant records and physical evidence.

What Is Interstate Trucking Insurance Liability?

Commercial trucking insurance becomes more complicated when vehicles and cargo travel across state lines.

Interstate carriers are subject to federal financial responsibility requirements, with minimum coverage levels varying based on the type of carrier and cargo. Additional policies could also apply through the motor carrier, truck owner, trailer owner, or other companies involved in the transportation arrangement.

The location of the crash and the businesses involved can also affect jurisdiction and applicable law. Pierce Skrabanek is based in Texas but has handled and won cases nationwide.

Our attorneys identify the responsible companies and applicable insurance coverage rather than assuming the driver's policy is the only source of recovery.

How Will My Attorney Prove Liability in a Semi-Truck Accident Lawsuit?

Truck accident victims are often facing trucking companies with experienced insurance carriers, investigators, and defense lawyers. Building the case requires showing what happened and connecting each defendant's conduct to the collision.

Generally, negligence requires proof that:

• The defendant owed you a duty of care;
• The defendant breached that duty;
• The breach caused the collision and your injuries; and
• You suffered damages.

The evidence preserved after the crash helps establish those elements. Our attorneys can compare electronic logs with GPS and dispatch records, review inspection and maintenance histories, examine the driver's qualifications, interview witnesses, inspect the vehicles, and work with accident reconstruction and trucking safety experts.

Violations of statutes or regulations can also affect how negligence is established. In some circumstances, Texas law recognizes negligence per se, which uses the violation of an applicable statute as part of establishing the defendant's breach of duty. Whether that doctrine applies requires analysis of the particular law and facts involved.

A Martindale-Nolo survey found that more than 90% of personal injury claimants who hired an attorney received a settlement or award, compared with approximately half of those who handled their claims without legal representation.

The trucking company has people protecting its interests. You should too. Call Pierce Skrabanek at (832) 690-7000 for a free consultation.

What Are Common Theories Used to Show Truck Accident Liability?

There is no single legal theory that applies to every trucking crash. Our attorneys determine which claims are supported by the driver, company, vehicle, cargo, and other facts.

Those theories can include:

• Employer liability. A motor carrier can be responsible for an employee's negligence while the driver is acting within the scope of employment.
• Lease liability. Federal leasing regulations impose responsibilities on authorized carriers regarding leased commercial vehicles.
• Negligent hiring. Trucking companies are responsible for hiring qualified drivers and can face claims when they fail to adequately investigate a driver's qualifications.
• Negligent training or supervision. A carrier's own safety practices can be at issue when a driver was inadequately trained or known safety problems were ignored.
• Negligent inspection, maintenance, or repair. Motor carriers must maintain vehicles under their control, while third-party maintenance providers can also be responsible for negligent work.
• FMCSA violations. Relevant violations of federal safety requirements can become part of the proof against a driver or motor carrier.
• Shipper or cargo-loader liability. Improper loading or securement can contribute to rollovers, jackknifes, and lost-cargo crashes.
• Driver fatigue. Hours-of-service and electronic logging records can help establish whether excessive driving contributed to the collision.
• Broker liability. A broker's own conduct may support a claim in certain circumstances, although these cases raise additional federal-law issues.
• Product liability. A manufacturer may be responsible when a defective vehicle or component contributes to the crash.
• Spoliation of evidence. Destruction or loss of relevant information after a company has a duty to preserve it can create additional evidentiary issues.

Understanding truck accident law requires examining the relationships among the companies involved rather than treating the collision like an ordinary two-driver accident.

How Does Texas Comparative Fault Affect Truck Accident Liability?

A trucking company does not have to accept all of the blame for a claim to proceed. Texas follows a modified comparative responsibility system.

Under Texas Civil Practice and Remedies Code § 33.001, you cannot recover damages if your percentage of responsibility is greater than 50%. If you are 50% or less responsible, your damages are reduced according to the percentage assigned to you.

For example, if a jury determines that your losses total $500,000 but finds you 20% responsible for the collision, the award would be reduced by $100,000.

This rule gives defendants a reason to shift blame toward the injured person or another driver. Electronic truck data, dashcam footage, witness statements, physical damage, and accident reconstruction can help answer those allegations.

Should I Give the Trucking Company's Insurance Adjuster a Recorded Statement?

You should speak with your attorney before agreeing to give a recorded statement to the trucking company's insurer.

An adjuster may ask you to describe your speed, where you were looking, when you first saw the truck, what you said at the scene, and how you feel physically. Those questions may come before you have seen the police report, reviewed video of the crash, or know the extent of your injuries.

The statement becomes part of the insurer's file and can later be compared with medical records, deposition testimony, and other information. You do not need to speculate about something you do not remember or help another party's insurer investigate its defenses before you understand your rights.

Robert's Experience After Being Hit by Another 18-Wheeler

Robert had spent more than 20 years as a truck driver when another big rig rear-ended him during an otherwise typical workday. He understood trucking, but he did not know what to expect from the legal process after becoming the injured person in a commercial truck crash.

He turned to truck accident attorney Mike Pierce. Robert describes being kept informed and involved throughout the case and being treated by Pierce Skrabanek as more than a client.

What Compensation Can You Recover After a Truck Accident?

Semi-truck accidents can cause catastrophic injuries that require surgery, lengthy rehabilitation, time away from work, and ongoing medical care.

Compensation in a truck accident lawsuit may address:

• Past and future medical expenses;
• Lost wages;
• Loss of future earning capacity;
• Physical pain;
• Mental anguish;
• Physical impairment;
• Disfigurement;
• Property damage; and
• Wrongful death damages when a collision is fatal.

Exemplary damages can also be available in cases meeting the requirements imposed by Texas law. The amount that can be recovered depends on the injuries, available insurance, responsible parties, and other facts established through the claim.

How Long Do I Have to File a Truck Accident Lawsuit in Texas?

Texas Civil Practice and Remedies Code § 16.003 generally gives an injured person two years to file a personal injury lawsuit. Wrongful death claims are also generally subject to a two-year limitations period.

That does not mean waiting until the deadline is a good strategy in a trucking case. The truck may be repaired, witnesses become harder to locate, and electronic or business records can disappear if steps are not taken to preserve them.

Other rules can affect the filing deadline in specific circumstances. An attorney can determine which deadline applies while also taking action to secure information needed for the case.