Texas 18-Wheeler and Truck Accident Lawyer

Trucking companies have their own lawyers. You should too.

A crash with an 18-wheeler is not like a crash between two cars. The truck is bigger, the rules are different and there are often several companies and several insurers involved, and each one wants to pay as little as possible. Alers Law helps people hurt in truck and 18-wheeler crashes across all of Texas, from our offices in Dallas–Fort Worth.

Book your injury consultation or call (469) 207-1515. Se habla español.

Who We Help

  • Drivers and passengers hit by a tractor-trailer, box truck, dump truck or delivery truck.
  • Families who lost a loved one in a truck crash.
  • Pedestrians, cyclists and motorcyclists struck by a commercial vehicle.

Why Truck Cases Are Different

Most commercial trucks that cross state lines must follow the Federal Motor Carrier Safety Regulations. These rules come from the Federal Motor Carrier Safety Administration (FMCSA). They cover how long a driver may drive, how the truck must be inspected and how records must be kept. When a company breaks these rules, it can help show who was at fault.

Hours of service

Tired truck drivers are a real danger. Federal rules limit how long a property-carrying driver may work (49 C.F.R. § 395.3). In general:

  • A driver may drive up to 11 hours after 10 hours off duty.
  • A driver may not drive after the 14th hour on duty.
  • A driver must take a 30-minute break after 8 hours of driving.
  • A driver may not drive after 60 hours in 7 days or 70 hours in 8 days.

There are exceptions, so the facts matter.

Driver logs and ELDs

Most trucking companies must use an electronic logging device, or ELD, to record a driver's hours (49 C.F.R. § 395.8). The ELD data can show if a driver was over the limit or skipped a break. Carriers only have to keep these records and their supporting documents for six months. That is one reason to act early.

Inspections and maintenance

Trucking companies must inspect, repair and maintain their trucks (49 C.F.R. § 396.3). Drivers must report defects they find, and the company must fix safety problems before the truck goes back out (§ 396.11). Each truck must also pass an annual inspection (§ 396.17). Maintenance records can show whether the company knew, or should have known, about a problem like worn brakes or bad tires.

Who May Be Responsible

In a car crash, there is usually one driver to blame. In a truck crash, there may be several. Depending on the facts, responsible parties may include:

  • The truck driver, for speeding, distracted driving, fatigue or impairment.
  • The trucking company (motor carrier), for its driver's actions on the job, for poor hiring or training, or for pushing drivers past legal limits.
  • The shipper or loader, if cargo was overloaded, unbalanced or not secured.
  • A maintenance company, if a repair was done poorly or skipped.
  • The maker of a truck part, if a defect caused or worsened the crash.

Each may have its own insurer, and they often blame each other. We look at the whole picture.

Evidence Disappears Fast

Trucking companies often start investigating right after a crash. You should not wait either. Key evidence can include:

  • The truck's "black box." Many trucks have an engine control module (ECM) or event recorder. It may store speed, braking and other data from the moments before the crash.
  • ELD and hours-of-service records.
  • Inspection, repair and maintenance records.
  • The driver's file, including licensing, training and drug and alcohol testing records.
  • Dispatch records, GPS data, phone records and dash cam video.

Preservation letters

We send a written preservation letter to the trucking company early. It tells them a claim is coming and asks them to keep the evidence. Under Texas law, a party has a duty to preserve evidence once it knows, or should know, there is a substantial chance a claim will be filed (Brookshire Bros. v. Aldridge, 438 S.W.3d 9 (Tex. 2014)). If evidence is destroyed after that point, a court may impose a remedy. A letter helps make that duty clear.

How Much Insurance Trucks Carry

Federal law sets minimum insurance for many interstate trucking companies (49 C.F.R. § 387.9). For a for-hire carrier hauling general freight in a truck over 10,001 pounds, the minimum is $750,000. The minimum is higher for some carriers that haul oil or hazardous materials. Many companies carry more than the minimum. Trucks that only operate inside Texas follow separate state rules.

These are minimums, not what a claim is worth. Every case is different.

Common Injuries in Truck Crashes

Because of a truck's size and weight, injuries are often serious. We see brain injuries, spinal cord and back injuries, broken bones, internal injuries, burns and scarring, and emotional trauma such as PTSD. Some injuries do not show up right away. See a doctor even if you feel fine.

What Compensation Can Cover

Depending on your case, compensation may include medical bills and future care, lost wages and earning capacity, pain and suffering, mental anguish, physical impairment, disfigurement and property damage. When a crash takes a life, the family may have a wrongful death claim. Every case is different, and we cannot promise any result.

What to Do After a Truck Accident

  1. Call 911 and get medical care.
  2. Ask for a police report.
  3. Take photos of the truck, the trailer, the company name and DOT number on the door, the scene and your injuries.
  4. Get witness names and phone numbers.
  5. Do not give a recorded statement to the trucking company or any insurer before speaking with a lawyer.
  6. Keep your records: medical bills, missed work and receipts.
  7. Call us early, so we can send a preservation letter before records are lost.

Texas Deadlines and Fault Rules

In most Texas injury cases, you have two years from the date of the crash to file a lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). Under Texas's modified comparative fault rule, your compensation is reduced by your share of fault, and you cannot recover if you are found more than 50 percent responsible (§ 33.001).

Fees

You pay no attorney's fees unless we recover compensation for you. We explain the fee and any case expenses in plain terms before you decide.

About Attorney Alers

Attorney Beverly Alers founded Alers Law and has been licensed to practice law since 2012. She holds a J.D., earned cum laude, and an LL.M. in Litigation and Alternative Dispute Resolution. Attorney Alers believes injured people deserve a firm that treats their case seriously from the first call.

Servicio en Español

Attorney Alers is fully bilingual. You can tell your story, ask questions and review every document in Spanish or English. Lea esta información en español.

Talk to Us Before You Talk to the Trucking Company

A conversation costs you nothing, and it can protect your claim. We serve all of Texas, in person in Dallas–Fort Worth or by phone and video.

Book your injury consultation or call (469) 207-1515. See all the personal injury cases we handle, including pedestrian accidents and Uber and Lyft accidents.

This page offers general information, not legal advice. Reading it does not create an attorney-client relationship.

Frequently asked questions

Who pays after an 18-wheeler accident?

It depends on the facts. The trucking company's insurer often pays, but the driver, shipper, loader or a maintenance company may also share responsibility. We look at every party that may be involved.

What is a truck's black box?

Many trucks have an engine control module or event recorder. It may store data like speed and braking from just before the crash. That data can be lost if no one asks for it to be saved.

How long do I have to file a truck accident claim in Texas?

In most cases, two years from the date of the crash. Some records, like driver logs, only have to be kept for six months, so it is best to call early.

What if the truck driver says the crash was my fault?

Texas uses a modified comparative fault rule. You can still recover if you are 50 percent or less at fault, but your compensation is reduced by your share. Evidence like ELD data and video can help show what really happened.

Do you handle truck accident cases outside DFW?

Yes. We represent injured people across all of Texas, in person in Dallas–Fort Worth or by phone and video.