If you’ve been injured in a truck accident in Texas, you may be dealing with painful injuries, mounting medical bills, and pressure from insurance companies to accept a quick settlement. Commercial truck crashes are more complex than standard car accidents, and trying to handle the aftermath alone can leave you with far less compensation than you deserve.
So what does a Texas truck accident lawyer do, and how can hiring one help protect your rights and maximize your compensation?
Below, we break down the key responsibilities of a Texas truck accident attorney, what makes these cases uniquely complex, and why having an experienced lawyer on your side can make a critical difference in the outcome of your claim.
Why Texas Truck Accident Claims are Unique
Truck accident cases are more complicated than typical auto accidents in several important ways.
Severe and Catastrophic Injuries
Collisions involving 18-wheelers, semi-trucks, and other commercial vehicles often cause life-altering injuries, including traumatic brain injuries, spinal cord damage, burns, amputations, and permanent disability. These injuries require long-term treatment and significantly increase the value of a claim.
Multiple Liable Parties
Unlike a typical car accident involving two drivers, a truck accident may involve not only the truck driver and the trucking company (under respondeat superior liability) but also freight or cargo loaders, maintenance contractors, truck or parts manufacturers, and even third-party logistics companies. Each party may have its own insurer and legal team, all working to avoid responsibility.
Federal and State Regulations
Truck drivers and motor carriers are required to follow FMCSA regulations. These include governing hours-of-service, required logbook or ELD documentation, cargo securement, inspections, and drug and alcohol testing. Even a single violation of these rules can strongly support a finding of negligence.
Higher Insurance Limits
Commercial trucking policies often exceed $1 million, which means insurers fight aggressively to avoid paying fair compensation.
Rapid Loss or Destruction of Evidence
Black box data, maintenance logs, delivery records, and GPS information can be altered, overwritten, or destroyed within a matter of days. Some trucking companies even attempt to hide, falsify, or “misplace” critical evidence.
Due to these challenges, hiring a specialized Texas truck accident attorney is essential.
How a Texas Truck Accident Attorney Can Help
A lawyer plays a crucial role in securing evidence, identifying who is responsible, proving negligence, and fighting for the full compensation you’re entitled to. Below is an explanation of what a truck accident lawyer does.
Conducting Comprehensive Investigations
Truck accidents require immediate and thorough investigations to preserve evidence. Your Texas truck accident lawyer will:
- Obtain and review truck black box (ECM) data, including speed, braking, and steering input
- Analyze driver logbooks, GPS data, and hours-of-service compliance
- Preserve maintenance and inspection logs
- Inspect the truck and trailer before repairs erase evidence
- Review dashcam, bodycam, or surveillance footage
- Interview witnesses and drivers
- Photograph and document the crash scene for skid marks, debris patterns, and roadway conditions
- Work with accident reconstruction experts.
Common Truck Accident Causes Your Lawyer Investigates
- Driver fatigue from hours-of-service violations
- Distracted driving (texting, GPS use)
- Falsified logbooks
- Overloaded or improperly secured cargo
- Speeding or aggressive driving
- Mechanical failures (brake or tire issues)
- Drug or alcohol impairment.
Black box data is often overwritten within days, so acting quickly and calling a lawyer early is vital.
Identifying All Liable Parties
One of the most essential roles of a truck accident lawyer is determining who is responsible for the crash. Potentially liable parties include:
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- The truck driver for distraction, fatigue, intoxication, or reckless driving
- The trucking company, which may be liable for negligent hiring, improper training, unsafe schedules, logbook violations, or pushing drivers beyond legal hours
- Cargo loading companies for overloaded or shifting freight
- Maintenance contractors for improper repairs
- Manufacturers for defective brakes, tires, or other mechanical components.
Unlike car accidents, truck crashes often involve multiple policies and insurers, and each one may try to shift blame. Your lawyer ensures every negligent party is held responsible.
Understanding Federal and State Trucking Laws
An experienced Texas truck accident attorney has in-depth knowledge of FMCSA regulations, Texas commercial vehicle laws, hours-of-service requirements, pre-trip inspection rules, cargo securement standards, and drug and alcohol testing regulations.
Even a single violation of these regulations can significantly strengthen your case, as they often demonstrate negligence per se.
Gathering and Preserving Critical Evidence
Evidence is the foundation of any strong truck accident claim. Your lawyer will collect and preserve key evidence, including black box data, reconstruction reports, logbooks, ELD data, maintenance and inspection records, GPS and telematics information, witness statements, police reports, medical documentation, expert testimony, and any relevant photographs or video footage. They may also help you maintain pain journals or other records that document daily limitations and the impact of your injuries.
Calculating Your Damages
Truck accident injuries often result in lifelong consequences, making accurate damage calculations crucial. Your lawyer will pursue compensation for economic, non-economic, and punitive damages.
Economic Damages
- Current and future medical expenses
- Rehabilitation and therapy
- Lost wages
- Reduced earning capacity
- Home modifications
- Long-term care or assistive devices
- Property damage.
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Trauma and anxiety
- Disability or disfigurement
- Loss of enjoyment of life.
Punitive Damages
In cases involving extreme negligence, such as driving while intoxicated or falsifying logbooks, punitive damages may be applicable.
Handling Negotiations with Insurance Companies
Insurance companies representing trucking corporations are known for their aggressive tactics. A skilled Texas truck accident lawyer communicates with insurers on your behalf, prevents you from making statements that may harm your claim, challenges lowball offers, and uses evidence to strengthen negotiations while protecting you from pressure to settle early.
Without legal representation, the insurer almost always has the advantage.
Filing a Lawsuit and Representing You in Court
If negotiations fail to produce a fair settlement, your lawyer will file a lawsuit before the Texas statute of limitations expires. They handle all procedural requirements, conduct depositions and discovery, present evidence and expert testimony, and represent you throughout mediation or trial.
Even though most truck accident claims settle, insurers take your case more seriously when your lawyer is fully prepared to go to court.
Providing Ongoing Support and Guidance
Throughout the process, your truck accident lawyer explains your rights, keeps you updated on case progress, coordinates medical treatment (through a Letter of Protection when needed), and helps you avoid mistakes that could damage your claim.
Their support enables you to focus on your recovery, knowing your case is in capable hands.
Do You Need a Truck Accident Attorney?
Yes. If you were injured in a commercial truck crash, you need a truck accident attorney. These cases involve multiple insurers, corporate defense attorneys, federal regulations, complex evidence, and high-value claims that insurers fight to minimize.
Without a lawyer, it’s very challenging to protect yourself or recover the full compensation you deserve.
If you’re unsure whether you have a case, speaking with a Texas truck accident lawyer early gives you the strongest chance of building a successful claim.
Injured in a Truck Accident? Patino Law Firm Can Help
Our Texas truck accident lawyers help injured victims in McAllen, San Antonio, Odessa, and throughout the state pursue the compensation they deserve.
We work quickly to preserve black box data, identify all liable parties, conduct thorough investigations, calculate full damages, negotiate with insurers, and build strong cases for trial when necessary.
You pay nothing until we win.
Call 855-LAW-NINJA or complete our confidential online form to schedule a free, no-obligation consultation today.
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