The Law Offices of Wesley H.M. Gould — When Accountability Matters Case Review
PRACTICE AREAS / COMMERCIAL & 18-WHEELER ACCIDENTS

Commercial & 18-Wheeler Accidents

A loaded 18-wheeler can weigh 20 to 30 times what a passenger car does. When a commercial truck causes a crash, the injuries—and the case—are on a different scale.

OVERVIEW OF THE LAW

Why Truck Cases Are Different from Car Wrecks

A collision with a tractor-trailer, semi, box truck, tanker, dump truck, or other commercial vehicle is not just a bigger car wreck. The sheer size and weight disparity means these crashes frequently cause catastrophic, life-altering injuries and deaths. Just as important, the trucking industry operates under a dense framework of federal safety regulations—the Federal Motor Carrier Safety Regulations (FMCSRs) enforced by the FMCSA—that govern who may drive, how long they may drive, how trucks must be maintained, and how cargo must be secured. Violations of those rules often sit at the heart of a serious truck case and can be powerful evidence of negligence.

These claims also move differently from the moment of impact. Major motor carriers and their insurers routinely dispatch rapid-response investigators to a serious crash scene—sometimes within hours—to begin building their defense. Meanwhile, the most important proof is fragile: the truck's onboard electronic control module ("black box"), electronic logging device (ELD) hours-of-service data, dashcam footage, the driver's qualification file, drug-and-alcohol testing, and maintenance and inspection records can be altered, overwritten, or lost if no one acts quickly to preserve them. That is why sending formal evidence-preservation ("spoliation") letters early is one of the most critical first steps.

As with other Texas injury claims, the general deadline to file suit is two years from the date of the crash. But because the evidence window is so short and the carrier's team starts immediately, the practical clock runs much faster.

WHO MAY BE HELD RESPONSIBLE

Potential Defendants

One of the most important parts of a truck case is identifying everyone whose conduct contributed to the crash. Responsibility frequently extends well beyond the driver:

Determining who employed the driver, who controlled the load, and who was responsible for the truck's upkeep—and reaching the layers of commercial insurance behind them—is often decisive in a serious case.

WHAT YOU MAY RECOVER

Types of Damages

Because truck-crash injuries are so often severe, the damages at stake can be substantial. Recoverable damages may include:

Texas follows proportionate responsibility: any recovery is reduced by the percentage of fault assigned to you, and a finding of more than 50% fault bars recovery. Trucking defendants routinely try to shift blame onto the injured driver, which is why prompt, independent investigation matters so much.

BUILDING YOUR CASE

What to Document

Much of the most valuable evidence in a truck case is controlled by the trucking company and can disappear quickly. To the extent you safely can, preserve the following—and contact a lawyer right away so formal preservation demands can be sent:

An attorney can move immediately to preserve the carrier's electronic data (the ECM "black box" and ELD logs), the driver's qualification and hours-of-service records, drug-and-alcohol testing, dashcam footage, and maintenance history before any of it is lost.

DO YOU HAVE A CASE?

Signs Worth a Closer Look

These are among the most time-sensitive, evidence-driven cases there are. A prompt, confidential review can determine what claims may exist and what must be preserved right away.

Hit by a commercial truck? Act quickly.

The trucking company's team starts immediately—so should yours. Reach out for a confidential review.

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