An 18-wheeler accident is handled very differently from a collision between two cars. There can be several potentially liable parties beyond the driver, and much of the key evidence may be stored in electronic systems, video footage, and trucking records. Some of that evidence can be overwritten, altered, lost, or destroyed quickly, while federal regulations require certain records to be retained for specified periods.
If you or a family member has been injured in a collision with a tractor-trailer in Texas, acting promptly can help preserve important evidence and protect your ability to fully evaluate the claim. This guide explains what makes these cases different and why the early stages can be important.
Why is an 18-wheeler case not treated like an ordinary crash?
Commercial truck accidents can involve factors that are not typically present in collisions between passenger vehicles. Tractor-trailers are significantly larger and heavier than most cars, which can contribute to more serious injuries and more complex claims.
These cases may also involve trucking companies, commercial insurers, federal safety regulations, and multiple sources of evidence. In some cases, the trucking company or its insurer may begin investigating the accident soon after it occurs. Preserving evidence early can therefore be an important part of evaluating what happened and determining who may be responsible.
Who can be liable besides the driver?
This is the most important practical difference. A car crash usually has one responsible party; a truck accident can have several, each with its own insurance policy:
The driver, where speeding, distraction or fatigued driving played a part.
The trucking company, for hiring, supervision, or for pushing delivery schedules that cannot be met without breaking hours-of-service rules.
The company that loaded the trailer, if the cargo was improperly secured or distributed and may have caused a rollover.
The maintenance provider, where brakes, tires or steering failed.
A parts manufacturer, when the mechanical failure originates in the component itself.
Identifying every potentially liable party is not a technicality: it can affect the sources and amount of financial recovery available. A case brought against the driver alone can fall well short of what the claim is worth. Our car and truck accident page explains how we approach these claims.
What evidence disappears if you wait?
Commercial trucks record data that a private car does not: the vehicle’s black box, the driver’s electronic hours-of-service logs, maintenance sheets, cargo information and other company documentation. Some of that information may be overwritten or retained only for a limited period.
Other evidence can also become harder to obtain as time passes. Surveillance footage may be overwritten, witnesses’ memories can fade, and vehicles or other physical evidence may be repaired, altered, or disposed of.
For that reason, an important early step in many truck accident cases is identifying and preserving relevant evidence. This may include sending a formal preservation notice requesting that the trucking company retain documents, electronic data, and other information related to the accident.
What should you do in the first few days?
Seek medical attention after the accident, especially if you are experiencing pain or other symptoms. Some injuries may not be immediately apparent, and timely medical evaluation can help document your condition and any treatment you receive.
If you are able to do so safely, gather information from the scene. This may include photographs of the vehicles, roadway, cargo, and surrounding area; the trucking company’s name and identifying information on the truck; and contact information for anyone who witnessed the accident.
The trucking company’s insurer may also contact you and ask for a recorded statement. Before providing one, consider speaking with an attorney so you understand why the statement is being requested and how your answers could affect the claim.
At The Law Offices of John R. Salazar we have handled 18-wheeler cases since 1990. The consultation is free. If you have questions about your case, the sooner we look at it, the more evidence there is to preserve.
Frequently Asked Questions
In many Texas personal injury cases, the deadline to file a lawsuit is two years from the date of the accident. However, different deadlines or notice requirements may apply depending on the circumstances.
Even when the legal deadline is months or years away, important evidence may be lost much sooner. Electronic data, surveillance footage, witness recollections, and other records can become more difficult to obtain over time. Acting promptly can help preserve evidence that may be important to the claim.
A company based outside Texas can be sued here when the accident happened in Texas. It is not an obstacle to bringing a claim, though it does add complexity.
Possibly. Texas follows a proportionate responsibility system, which means being partly at fault does not automatically prevent you from bringing a claim. If you are found to be 50% or less responsible, any damages awarded may be reduced according to your percentage of responsibility. If you are found to be more than 50% responsible, you generally cannot recover damages.
Because fault is determined based on the specific facts of each accident, it is worth having the circumstances reviewed before assuming you do not have a claim.
At The Law Offices of John R. Salazar, we have handled 18-wheeler cases since 1990. The consultation is free, and we don't charge unless we win. Call (214) 833-5378.
This article is for information only and is not legal advice. Every case is different; consult a lawyer about your specific situation.