If you were hurt in a car accident, you typically sue the driver. However, when 18-wheelers and commercial drivers are involved, the case becomes more complex.
18-wheeler accidents in Texas are catastrophically different from standard car accidents. A fully loaded semi-truck can weigh up to 80,000 pounds — versus the roughly 3,000–4,000 pounds of a passenger car. The physics alone mean that victims of trucking accidents typically suffer far more severe injuries: traumatic brain injuries, spinal cord damage, multiple fractures, internal organ injuries, and wrongful death. The legal process is also more complex because multiple parties are potentially liable and substantial evidence must be preserved immediately.
The first step in suing for an 18-wheeler accident in Texas is evidence preservation. Trucking companies are required under FMCSA regulations to retain driver logs, inspection records, and electronic logging device (ELD) data — but they will often move to destroy or “lose” this evidence if not immediately placed on litigation hold. Your attorney should send a spoliation letter to the trucking company within days of retaining you.
Potential defendants in a Texas trucking accident case include: the truck driver (for negligent driving, hours-of-service violations, or impairment), the trucking company (for negligent hiring, training, supervision, or maintaining unsafe equipment), the cargo loading company (for improperly secured loads that caused instability), and the truck or parts manufacturer (for equipment defects like brake failure or tire blowouts).
FMCSA regulations govern hours of service (maximum driving hours before mandatory rest), vehicle maintenance standards, drug and alcohol testing, and driver qualification requirements. Violations of these federal regulations are powerful evidence of negligence. Your attorney will request the driver’s logs, the company’s safety rating, prior violations, and maintenance records as part of the investigation.
Commercial trucking cases typically involve large insurance policies — often $1 million or more in coverage — which makes the stakes high on both sides. Trucking companies deploy specialized defense attorneys almost immediately. Cap City Injury Attorneys responds aggressively, preserving evidence, retaining accident reconstruction experts, and building the strongest possible case to maximize your recovery.
For help with your potential case, call the Austin, TX truck accident lawyers at Cap City Injury Attorneys at (512) 612-3110 today.
What to Do After an 18-Wheeler Accident
In the immediate aftermath of the accident, there are a few steps to take to help deal with the aftermath and secure evidence for your case:
Call 911
All accidents involving injury need to be reported. Call 911 and request police so they can write up a report and request an ambulance to treat any injuries.
Get Medical Care
If you have to leave with the ambulance to go to the hospital, focus on that. Get any medical care you need. This will create a record of your injuries and put you on a path to recovery.
Gather Evidence
If you have time at the accident scene, gather the following info:
- The other driver(s) name(s), contact info, and insurance info
- The truck driver’s employer info
- The make, model, color, and license plate numbers of all vehicles involved
- The names and contact info of any other witnesses
- The location and time of the crash
- The lighting, roadway, and weather conditions.
Also take pictures if you can, and note whether anyone had a dash cam or whether any nearby security cameras might have recorded the accident.
Call a Lawyer
From there, contact a lawyer before talking to any insurance companies or speaking with anyone else about your accident.
Who Can You Sue for an 18-Wheeler Accident?
In most car crashes, you sue the driver who hit you. With 18-wheeler accidents, there is another potential party to sue: the trucking company.
At-Fault Driver
If the trucker was at fault, the trucking company they were working for could be made to answer in their place. However, if some third driver caused the accident, you would sue them first and foremost.
Trucking Company – as Employer
In their role as the commercial trucker’s employer, the trucking company can be held responsible for the trucker’s on-the-job negligence. This potentially allows you to recover damages the trucker would not have been able to afford.
Trucking Company – as Defendants
The trucking company might have also caused the accident in its own right through negligent truck maintenance or negligent hiring/retention of dangerous drivers. The company can be directly liable for these cases.
Other Parties
Some cases also involve other liable parties, such as the government that failed to keep the roads safe or the manufacturer of a defective auto part.
How to File a Claim
The process of filing your actual legal or insurance claim requires three major steps:
Preparing the Case
You and your Texas 18-wheeler accident lawyer should collect evidence, including video, witness testimony, photos, medical records, and financial records. Evidence needs to prove two major things:
- That the defendant was at fault for the crash
- What damages you suffered.
Filing
Your lawyer can help you file both an insurance claim and a lawsuit. If the defendants’ insurance companies are willing to settle for a fair value, potentially after rounds of negotiation, we can end the case through settlement there. If they are not, we can go to trial.
Progress the Case
As negotiations fall through, the case will progress through the legal system:
- In the initial stages, parties submit briefs dealing with legal questions like evidence admissibility
- During discovery, parties depose witnesses and share all evidence
- At trial, we prove the defendant’s fault to a judge and jury, who decide the case.
FAQs About 18-Wheeler Accident Cases
Q: Who can I sue after an 18-wheeler accident in Texas?
A: Potentially the truck driver, the trucking company, the cargo loading company, and/or the truck’s manufacturer — depending on what caused the accident. An attorney will investigate all avenues of liability.
Q: How long do I have to sue for an 18-wheeler accident in Texas?
A: Two years from the date of the accident under Texas’s personal injury statute of limitations. However, evidence preservation is urgent — contact an attorney as soon as possible.
Q: What FMCSA violations are most common in Texas trucking accident cases?
A: Hours-of-service violations (fatigued driving), failure to properly maintain vehicles, inadequate drug/alcohol testing, and improper cargo securement are among the most common FMCSA violations in Texas cases.
Q: Can I request the truck driver’s logbook records?
A: Yes, through the discovery process or a pre-litigation evidence preservation demand. Trucking companies are required to retain driver logs and ELD data under federal law.
Q: What if the trucking company is based out of state?
A: You can still sue them in Texas if the accident occurred here. Your Texas attorney will handle multi-state company litigation, which is common in the commercial trucking industry.
Q: How much is an 18-wheeler accident case worth in Texas?
A: Due to the severity of injuries and large insurance policies, settlements and verdicts can range from $100,000 to several million dollars depending on injuries, liability, and available coverage.
Q: What is a “black box” in an 18-wheeler and why does it matter?
A: Commercial trucks have Electronic Control Modules (ECMs) — essentially black boxes — that record speed, braking, and engine data at the time of the crash. This data is crucial evidence and must be preserved immediately.
Q: Can the trucking company’s safety record be used against them in my Texas case?
A: Yes. The company’s DOT safety rating, prior violations, accidents, and inspection failures are admissible to show a pattern of negligence and may support punitive damages.
Call Our 18-Wheeler Accident Lawyers in Texas Today
Call Cap City Injury Attorneys’ Texas car accident lawyers at (512) 612-3110 for a free review of your potential case.
Texas 18-Wheeler Accident: How These Cases Actually Unfold
A family driving south on I-35 near Georgetown was struck when a commercial flatbed changed lanes without signaling, sideswiping their SUV and forcing it into the median. The driver suffered a TBI and the passenger sustained a fractured pelvis. The trucking company — based in El Paso with routes through Central Texas — immediately dispatched its own accident investigator to the scene within hours.
Cap City Injury Attorneys filed a litigation hold letter the same day, demanding preservation of the truck’s electronic logging device (ELD) data, dashcam footage, maintenance logs, and the driver’s qualification file. ELD data revealed the driver had exceeded his hours-of-service limit by 4.5 hours before the crash — a federal FMCSR violation. The trucking company’s insurer, carrying a $1 million commercial policy, settled for $875,000 before trial. The lesson: trucking companies act fast to protect themselves after a crash. Your lawyer needs to act just as fast to preserve the evidence that proves what actually happened.
Can You Sue Both the Truck Driver and the Trucking Company?
Yes — and you typically should. Under the legal doctrine of respondeat superior, trucking companies are vicariously liable for their employees’ negligence while on the job. Additionally, the company may have independent liability for negligent hiring, training, supervision, or maintenance. Suing both the driver and the company gives you access to the company’s much larger commercial insurance policy and potentially its assets.
What Is the “Black Box” in a Commercial Truck and Why Does It Matter?
Commercial trucks are required to carry Electronic Logging Devices (ELDs) — sometimes called “black boxes” — that record speed, braking, hours of service, and engine data in the moments before a crash. This data is among the most powerful evidence in a truck accident case. However, it can be overwritten quickly. Your attorney must send a preservation letter to the trucking company within days of the accident to ensure this data is not lost.
Matthew Mandelker is the Founder, CEO, and Managing Attorney of Cap City Injury Attorneys, bringing over 15 years of personal injury law experience in Texas to every case he handles. A graduate of St. Mary’s University School of Law, Matthew has served as a partner, sole practitioner, and associate at some of the largest personal injury firms in Texas, giving him a unique perspective on what great legal representation looks like. He founded Cap City Injury Attorneys to combine the sophistication of a major firm with the personalized service of a boutique practice, ensuring every client receives direct attorney access, honest communication, and relentless advocacy. When he is not fighting for his clients, Matthew can be found on Lake Travis or spending time with his 10-year-old twins, and that same dedication to family is the foundation of everything he does at the firm.