Board-Certified Personal Injury Attorney
Yes. If a truck driver’s or a trucking company’s negligence caused your crash, Texas law lets you bring a claim against the company for your injuries and losses. After a serious wreck with an 18-wheeler or other commercial truck, you may be facing hospital bills, time away from work, and an insurance company that is already working to limit what it pays. Bill T. Wells is a Board-Certified personal injury trial lawyer who handles truck accident claims across Galveston County. He can help you identify every party responsible and pursue the full compensation you are owed.
Two Ways to Hold a Trucking Company Responsible
A trucking company can be on the hook for a crash in two distinct ways, and a strong case often relies on both. Understanding the difference matters, because it shapes who you sue and what evidence you will need.
There are generally two legal grounds for bringing a claim against the company itself:
- Vicarious liability: When the driver who hit you was a company employee acting on the job, the company is legally responsible for that driver’s negligence under a rule courts call respondeat superior.
- Direct company negligence: When the company’s own decisions contributed to the crash, such as hiring an unqualified driver, pushing unrealistic delivery schedules, skipping required maintenance, or ignoring safety rules, you can hold the company responsible for its own conduct.
Which theory applies depends on the facts, and a careful investigation often shows that both do. We look closely at the company’s records and decisions, not just what the driver did at the scene.
Federal Safety Rules Trucking Companies Must Follow
Commercial trucking is heavily regulated, because a fully loaded tractor-trailer can weigh many times more than a passenger car. Trucking companies and their drivers must follow federal safety rules that govern how they operate, and a violation of those rules can be powerful evidence of negligence.
Some of the federal standards that most often come up after a serious truck crash include:
- Hours-of-service limits: Drivers face strict caps on how long they can drive without rest, which are meant to prevent fatigued driving.
- Driver qualification and hiring: Companies must confirm that a driver is properly licensed, trained, and medically fit before putting that person behind the wheel.
- Vehicle inspection and maintenance: Trucks must be inspected and repaired on a regular basis, and dangerous defects like worn brakes or bald tires must be addressed.
- Cargo loading and securement: Freight must be loaded and secured so that it does not shift, spill, or cause a rollover.
When a company cuts corners on any of these requirements and a crash follows, that failure can be strong evidence that the company, and not just the driver, is to blame.
Who Else May Share the Blame
In some truck accident cases, the driver and the trucking company are not the only parties at fault. A full investigation looks at everyone whose negligence may have contributed to the crash.
Depending on how the wreck happened, other responsible parties in a motor vehicle accident claim can include:
- A cargo loader: A separate company that loaded or secured the freight improperly.
- A maintenance or repair shop: A contractor that performed faulty repairs or missed a dangerous defect.
- A parts or equipment maker: The manufacturer of defective brakes, tires, or other components.
- Another motorist: A third driver whose actions helped cause the collision.
Identifying every liable party matters, because it can open additional sources of insurance and increase what you are ultimately able to recover.
The Evidence That Proves a Trucking Company’s Fault
Trucking companies and their insurers often move quickly after a crash to protect themselves, and some of the most important evidence can disappear within days. Building a strong case usually depends on preserving that proof early.
Key evidence in a claim against a trucking company can include:
- Driver logs and electronic logging data: Records showing how many hours the driver had been on the road.
- Maintenance and inspection records: Documents showing whether the truck was properly serviced.
- Onboard vehicle data: Information from the truck’s engine control module about speed and braking before impact.
- Hiring and training files: Records showing how the driver was screened, trained, and supervised.
Because a company has little reason to hand this material over on its own, it is important to demand that the evidence be preserved and to begin gathering it as soon as possible.
Texas Gives You Two Years to File
Texas does not let injury claims stay open indefinitely. Under the state’s two-year deadline for injury lawsuits, you generally must file suit within two years of the date of the crash, or you can lose the right to recover altogether.
If a truck crash took the life of someone you love, a Texas wrongful death claim also generally must be filed within two years. The deadline is measured from the date of death rather than the date of the collision.
Two years can pass quickly while you are focused on healing, so it is wise to speak with an attorney well before the deadline. Early action also gives us more time to preserve evidence and build the strongest possible case on your behalf.
Talk to a Galveston County Truck Accident Attorney
If you were hurt in a truck accident in Galveston County, you do not have to take on a trucking company and its insurer alone. Bill T. Wells is Board Certified in Personal Injury Trial Law and is Of Counsel to The Payne Law Group. He brings decades of local trial experience to every case he handles personally.
We work on a contingency basis, and our attorney fee on motor vehicle accident claims is 25 percent of your recovery, so you pay no attorney fee unless we win. Contact our office today to get started. The initial consultation is free and our phones are answered 24 hours a day. Se Habla Español.