Why Texas Leads the Nation in Devastating Truck Accidents
A texas truck accident lawyer is a crucial ally when a collision occurs on our state’s busy highways. Texas unfortunately leads the nation in 18-wheeler accidents, causing devastating harm to families in Austin, Cedar Park, Round Rock, and across the state.
If you’ve been in a truck accident, here’s what you need to know:
- Act Fast: Texas has a 2-year statute of limitations for personal injury claims.
- Stay Silent: Don’t speak to insurance companies before consulting a lawyer.
- Preserve Evidence: Keep all photos, witness information, and medical records.
- Get Help: Seek an experienced attorney familiar with federal and Texas trucking laws.
- Know Your Rights: You may be entitled to compensation for medical bills, lost wages, and more.
From 2020 to mid-2024, Texas saw 86,222 truck accidents, leading to 3,326 deaths and 47,987 injuries. Alarmingly, 72% of those killed were occupants of smaller cars, not the truckers.
The roads around Austin, including I-35 through Cedar Park and Round Rock, are filled with commercial traffic. When an 80,000-pound truck hits a passenger car, the results are catastrophic. This guide will help you understand your rights and steer the legal process to get the compensation you deserve.
The Alarming Reality of 18-Wheeler Accidents in Texas
Texas’s booming economy and vast highway network make it a hub for commercial trucking, but this comes at a high cost. Our state consistently ranks first in the nation for fatal truck accidents, representing countless lives changed by these devastating collisions. Whether you’re in Austin, Cedar Park, or traveling through Killeen, the risk is real.
The statistics are staggering. Between 2020 and mid-2024, Texas saw:
- 86,222 total accidents involving large trucks
- 3,326 deaths
- 47,987 injuries
Critically, 72% of fatalities are occupants of smaller passenger vehicles, not the truck drivers. This trend highlights a disturbing 47% increase in trucking accidents over the last decade.
Common Causes of Catastrophic Truck Wrecks
Unlike typical car accidents, 18-wheeler wrecks often stem from complex issues within the commercial trucking industry. Our investigations frequently uncover patterns of negligence, including:
- Driver Error: Speeding, distracted driving (texting, cell phone use), impairment, and other reckless behaviors.
- Hours of service violations: Drivers and companies ignoring federal rules designed to prevent fatigue. Tight deadlines and economic pressure often lead to dangerously tired drivers on our roads.
- Mechanical Failure: Poor maintenance leading to critical failures like tire blowouts or brake failure. This negligence often falls on the trucking company.
- Improper Loading: Overloaded or unsecured cargo can shift, causing a driver to lose control and lead to rollovers or jackknife accidents.
- Poor Road Conditions: While drivers must adjust to conditions, poorly maintained roads in areas like Round Rock can contribute to accidents, especially in adverse weather.
- DOT Regulation Violations: Many of these causes are direct violations of regulations from the Federal Motor Carrier Safety Administration (FMCSA), which governs everything from vehicle maintenance to driver qualifications.
Navigating the Complexities of a Texas Truck Accident Claim
An 18-wheeler accident claim is far more complex than a typical car wreck case. For families in Austin, Cedar Park, and Round Rock, navigating this legal arena can be overwhelming. These cases involve multiple layers of federal and state regulations, numerous potentially liable parties, and aggressive corporate legal teams.
A critical challenge is preserving electronic evidence. The truck’s “black box” or electronic logging device (ELD) contains vital data on speed, braking, and driver hours, but this information can be overwritten or lost if not secured immediately.
Who Can Be Held Liable in a Texas Truck Wreck?
Unlike a simple car crash, a truck wreck can involve a web of responsible parties. Our job as your Texas truck accident lawyer is to investigate every angle to identify all who contributed to your accident. Potentially liable parties include:
- The Truck Driver: For direct negligence like speeding or distracted driving.
- The Trucking Company: For negligent hiring, poor maintenance, or pressuring drivers to violate safety rules.
- Cargo Loaders/Shippers: For improperly secured or overloaded freight that causes instability.
- Maintenance Companies: For cutting corners on repairs that lead to mechanical failures.
- Parts Manufacturers: For defective components like faulty brakes or tires.
Key Differences: Truck vs. Car Accident Claims
Understanding why truck accident claims are different is key to protecting your rights.
| Feature | Car Accident Claims | Truck Accident Claims |
|---|---|---|
| Laws | Primarily state traffic laws. | Federal (FMCSA) and state laws. |
| Injuries | Can be severe, but often less so. | Almost always catastrophic or fatal. |
| Evidence | Police reports, photos, witness statements. | All of the above, plus driver logs (ELDs), “black box” data, maintenance records, drug tests, company safety records. |
| Defendants | Usually 1-2 (driver, insurer). | Often multiple (driver, company, loader, etc.). |
| Insurance | Standard auto policies (Texas min: $30k). | Commercial policies ($750k to $5M+). |
| Defense | Insurers minimize payouts. | Rapid response teams and aggressive legal tactics to shift blame. |
Understanding the Laws Governing Texas Trucking
The trucking industry is heavily regulated, and violations often form the basis of a successful claim. Key regulations include:
- FMCSA Regulations: The Federal Motor Carrier Safety Administration sets rules for everything from driver hours of service (to prevent fatigue) to vehicle maintenance and driver qualifications.
- Texas Laws: The Texas Transportation Code adds another layer of rules. Additionally, commercial drivers in Texas face a stricter BAC limit of 0.04%.
- Texas House Bill 19: This 2021 law changed how truck accident lawsuits proceed, creating a two-phase trial system (bifurcated trials). This makes it more challenging to hold trucking companies directly accountable and requires an attorney who understands how to steer these new procedural problems.
Your Guide to Compensation and Justice with a Texas Truck Accident Lawyer
After a devastating truck accident in Austin, Round Rock, or Cedar Park, your focus should be on healing, not fighting insurance companies. A dedicated texas truck accident lawyer is your strongest advocate, protecting your rights while you recover. Trucking companies have rapid response teams working to protect their interests immediately; you need an expert on your side from day one.
Immediate Steps to Take After a Truck Accident
The actions you take after a crash on a Texas highway are critical. To protect your claim, follow these steps:
- Call 911: Get medical help and create an official police report.
- Seek Medical Care: Adrenaline can mask serious injuries. A medical record links your injuries to the crash.
- Document Everything: Use your phone to take photos and videos of the scene, vehicles, and injuries.
- Get Witness Information: Independent accounts are invaluable.
- Do Not Admit Fault: Never apologize or say “I’m sorry.” Insurers will use it against you.
- Contact a Lawyer: Before speaking to any insurance adjuster, call an experienced truck accident attorney to preserve evidence and protect your rights.
What Damages Can You Claim in a Texas Truck Accident Case?
While money can’t undo the harm, it can provide for your future. As your lawyer, we fight for all available compensation under Texas law, which may include:
- Medical Expenses: All costs from the ER visit to future rehabilitation and long-term care.
- Lost Income and Earning Capacity: Current missed paychecks and compensation for a permanently diminished ability to work.
- Pain and Suffering: Compensation for physical pain, emotional trauma, and loss of enjoyment of life.
- Wrongful Death Damages: For families who have lost a loved one, this can cover funeral costs, lost financial support, and loss of companionship.
- Punitive Damages: In cases of gross negligence (like a drunk driver), these damages are meant to punish the wrongdoer.
How to Handle Insurance Companies After a Crash
The trucking company’s insurance adjuster is not your friend. Their job is to pay as little as possible. Be wary of their tactics:
- Recorded Statements: They will try to get you on record to find inconsistencies or admissions of fault.
- Quick, Lowball Offers: They may offer a fast settlement, hoping you’ll accept before you know the true value of your claim.
- Delay and Victim-Blaming: They may drag out the process or try to shift blame to you to reduce or deny your compensation.
Let your lawyer handle all communication with insurance companies. We know their playbook and will fight for the full compensation you deserve.
Frequently Asked Questions about Texas Truck Accident Claims
After a truck accident, you likely have many questions. As a local texas truck accident lawyer firm serving Austin, Cedar Park, and Round Rock, we have the answers.
When is the best time to hire a Texas truck accident lawyer?
Immediately. The moment you have received medical care, your next call should be to an attorney. The trucking company’s investigators are already working to protect their interests. Hiring a lawyer quickly is crucial for:
- Evidence Preservation: We act fast to secure the truck’s “black box” data, driver logs, and maintenance records before they are lost or destroyed.
- Witness Interviews: We interview witnesses while their memories are fresh.
- Protecting You: We handle all communication with insurance companies to prevent them from using your words against you.
- Meeting Deadlines: Texas has a two-year statute of limitations, and building a strong case takes time.
What types of injuries are common in Texas truck accidents?
The massive size and weight of commercial trucks mean collisions often result in catastrophic, life-altering injuries. Common injuries we see in our clients from Georgetown to Temple include:
- Traumatic Brain Injuries (TBI): From concussions to severe brain damage affecting memory and cognitive function.
- Spinal Cord Injuries: Often resulting in partial or complete paralysis (paraplegia or quadriplegia).
- Amputations: The loss of limbs due to the violent force of the crash.
- Severe Burns: From fuel tank ruptures or hazardous material spills.
- Internal Organ Damage: Life-threatening injuries that may not be immediately apparent.
- Multiple Fractures: Severe broken bones that may require multiple surgeries and lead to permanent disability.
- Wrongful Death: Tragically, many truck accidents are fatal, leaving families to file a wrongful death claim.
How does comparative negligence work in Texas?
Texas uses a legal rule called modified comparative fault with a 51% bar. This is how it affects your case:
- Proportional Responsibility: Your compensation is reduced by your percentage of fault. If you are found 20% at fault, your award is reduced by 20%.
- The 51% Bar Rule: If you are found to be 51% or more at fault for the accident, you are barred from recovering any compensation at all.
Trucking companies and their insurers will aggressively try to shift blame onto you to reduce their payout or eliminate it entirely. An experienced texas truck accident lawyer is essential to fight back against these tactics and protect your right to fair compensation.
Get the Experienced Legal Ally You Deserve in Texas
When an 18-wheeler accident shatters your world, you shouldn’t have to face the aftermath alone. The physical, emotional, and financial pressures are immense, and navigating Texas’s complex legal landscape requires an expert ally.
At Gibbs & Crivelli, our texas truck accident lawyer team has seen the devastation these accidents cause for families across Austin, Cedar Park, and Round Rock. We are your unwavering advocates, ready to fight insurance companies for the fair compensation you deserve.
Time is critical. Texas has a two-year statute of limitations to file a lawsuit, and crucial evidence like black box data can disappear within days. Our team acts immediately to launch an investigation and preserve everything needed to build a strong case.
With deep roots in Central Texas, we know the roads from I-35 in Cedar Park to the commercial corridors around Harker Heights and Killeen. We have helped families from Pflugerville to San Marcos and Temple to Georgetown rebuild their lives. This local expertise is your advantage.
We operate on a contingency fee basis, meaning you pay nothing unless we win your case. Our trial experience shows insurance companies we are serious about getting justice for our clients. The trucking industry has a team of lawyers on their side; you deserve the same level of dedicated representation.
Don’t let insurers take advantage of you. Contact our Texas truck accident lawyer for a free consultation today and let us be your voice in the fight for recovery.