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Commercial Truck and 18-Wheeler Accidents in Texas
A crash with a commercial truck or an 18-wheeler can involve federal safety rules, more than one company, and evidence that can be overwritten. This page gives general information for people hurt in Texas, including those who now live in Mexico.
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Responsible attorney: Francisco Perales, Texas Bar #24108992. Case costs may apply according to your service agreement.
How commercial truck crashes differ from other accidents
A commercial truck can be a tractor-trailer (commonly called a semi, tractor-trailer, or 18-wheeler), but also a delivery truck, box truck, flatbed, tanker, or dump truck. Because of their size and weight, crashes with these vehicles can cause serious injuries, and the damage and medical needs can be very different from those of a collision between two cars.
Federal motor carrier safety rules apply to many commercial carriers. They generally cover things like how many hours a person may drive, driver qualifications, vehicle inspection and maintenance, and how cargo is secured. Texas also has related rules for many carriers. Whether a rule applies, and how, depends on the vehicle, the carrier, and the trip.
Evidence from a truck accident can be overwritten or lost
Trucks and trucking companies keep a lot of information, and some of it is not kept for long. Some data can be overwritten automatically, and federal rules generally require carriers to keep certain records only for a limited time.
For that reason, it is common to send a written request early asking the company to preserve the evidence, often called a preservation letter. It can help show that the company was asked to keep the records, although what a court does about missing evidence depends on the case. The list below gives examples of records and data that may matter.
- Driver logs and hours-of-service records, including electronic logging device (ELD) data
- Data from the truck's onboard computer (black box), which in some trucks stores speed and braking
- Inspection, repair, and maintenance records for the truck and trailer
- Dashcam or other video, inside or outside the cab
- Dispatch records, bills of lading, and cargo loading documents
- The driver's hiring, training, and qualification file
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More than one party may be responsible
In a truck accident, the driver is only one possible party. The motor carrier that employs or hires the driver, the company that loaded the cargo, and the company that maintained or repaired the truck can also be involved, and in some cases so can others, such as a shipper or a parts manufacturer.
Each party may have its own insurance, its own records, and its own account of what happened. Texas law generally looks at how responsibility is shared among everyone involved, so understanding what happened, for example overloaded or poorly secured cargo, a missed repair, or a driver working past allowed hours, is an important part of reviewing a case. Whether any of these played a role depends on the facts of each crash.
Deadlines in Texas: each case is different
Many Texas personal-injury claims generally have a two-year deadline, which is normally counted from the date of the accident (section 16.003 of the Texas Civil Practice and Remedies Code). Exceptions exist, and some situations have different or shorter notice requirements, for example, when a government vehicle or agency is involved. Claims after a death also follow their own rules.
In a truck case, the two-year deadline is not the only clock. Federal rules generally call for keeping hours-of-service records and their supporting documents for at least six months (49 CFR 395.8(k)), and after that time the company may no longer have them. For that reason, asking that records be preserved early can matter long before the two-year deadline passes. The motor carrier may also be based in another state and have its own insurers, so finding out who holds which records can take time.
If you were hurt in Texas but now live in Mexico or another country, moving or returning home does not automatically pause a deadline. Because every case is different, it helps to find out early which dates may apply to your situation.
Practical steps after a truck accident
If you can, get medical care and follow your doctor's instructions: your health comes first, and medical records also document your injuries. It also helps to write down what you remember about the crash, including details about the truck and the driver, while it is fresh.
When you contact Perales Legal, the virtual assistants Diego (by phone) and Lola (on WhatsApp) answer first. They are not lawyers. To make that first conversation easier, it helps to have details and documents like those in the list below at hand.
- Medical records and bills
- Photos of the truck: company name, USDOT number, trailer plate, and any hazardous-materials placards
- What the truck was hauling, if known, and whether it had a dashcam or a company logo
- Contact details for the driver and any witnesses
- Insurance information for the driver and the motor carrier, if available
- The official crash report (Texas CR-3 form), which can generally be requested through TxDOT
FAQ
What people usually ask
How long do I have to take action after a truck accident in Texas?
Can the trucking company be responsible, or only the driver?
What is a preservation request, and why does it matter after an 18-wheeler crash?
I was hurt in a truck accident in Texas, but I now live in Mexico. Does that change my deadline?
General information, not legal advice. Deadlines depend on each case.
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