When you’re hit by a tractor-trailer or other big commercial truck, your injuries may now define your days. Truck accidents caused by negligent drivers often set off a chain of challenges that few people are prepared for. There’s medical care you never budgeted for, income you suddenly can’t earn, and complicated conversations with insurers who talk more about limits than solutions.
Truck crashes aren’t ordinary traffic collisions. They involve powerful companies, strict federal rules, and stakes that often reach far beyond car repairs and hospital bills. If you’re thinking about a truck accident lawsuit, it’s probably because you sense how much is at risk and how little help you’re getting on your own.
Here we will give you a clearer picture of what makes truck accident cases unique, your rights after a truck hits your vehicle, and how pursuing your legal options could help secure compensation for everything you’ve suffered and lost.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Key Takeaways
- Truck accidents often cause severe injuries and higher damages than ordinary car crashes.
- Federal and state trucking regulations play a major role in these cases.
- Multiple parties, not just the driver, may share responsibility for a crash.
- Comparative fault laws can affect how much compensation you receive.
- Preserving evidence quickly is crucial in truck accident claims.
- Trucking insurers may offer fast settlements to avoid paying full value.
- Settlements help resolve cases without trial, but must be carefully evaluated.
- An experienced truck accident lawyer can protect your rights and pursue the maximum compensation for your injuries and losses.
Why Truck Accidents Are Different from Ordinary Car Crashes
Truck accidents involve more than just bigger vehicles. The entire legal and regulatory landscape is different.
A typical passenger car weighs about 4,000 pounds. Fully loaded tractor-trailers can weigh up to 80,000 pounds. That kind of weight turns a crash into a catastrophic event, even at lower speeds.
Beyond the physical impact, trucking is a highly regulated industry. Drivers and companies must follow rules from the Federal Motor Carrier Safety Administration (FMCSA) covering driver rest breaks, maintenance, cargo weight, and more. When those rules are broken, people in smaller vehicles often pay the price.
Trucking companies often deploy investigators and insurance adjusters right away after a crash. They’re looking for ways to protect themselves and limit how much they pay. A good lawyer knows how to step in quickly to preserve evidence and stand up for your rights.
Who Might Be Liable When a Truck Hits Your Vehicle?
Responsibility for a truck crash isn’t always as simple as blaming the driver. Trucking is a team operation, with many moving parts that can all contribute to a collision.
Potentially liable parties include:
- The driver, for reckless, fatigued, or distracted driving
- The trucking company, for pushing unsafe schedules, hiring unqualified drivers, or neglecting vehicle maintenance
- A cargo company, if improper loading caused a shift that made the truck unstable
- Parts manufacturers, if faulty equipment contributed to the crash
- Maintenance contractors, for poor repairs that left a truck unsafe
Finding all possible sources of liability is crucial. A trucking company’s insurer might have a large policy limit, but if your injuries are severe, it may not be enough. The more parties who share responsibility, the better your chance of recovering the full compensation you need.
What Happens If You’re Hit by a Delivery Truck?
Delivery trucks are everywhere these days, from Amazon vans to UPS box trucks. But when one of those vehicles causes a crash, the legal issues can quickly get complicated.
Unlike traditional trucking companies, many delivery operations rely on drivers labeled as “independent contractors” rather than employees. Companies like Amazon often argue they’re not responsible for accidents because the driver technically works for another business. Whether that argument holds up depends on the facts, like how much control the company exercises over routes, uniforms, schedules, and safety rules.
Insurance coverage can also differ. Some delivery drivers carry personal auto policies that exclude commercial driving, leaving accident victims scrambling to find compensation. Larger companies, however, often have significant insurance policies or self-insurance funds that might cover injuries from crashes.
If you’ve been hit by a delivery truck, you’re not just dealing with an individual driver, you may be up against large corporations and their legal teams. An experienced truck accident lawyer can investigate how the driver was hired, who owns the vehicle, and what insurance policies might apply. They can untangle these issues and pursue every avenue of liability to secure fair compensation for
Comparative Fault: How It Affects Your Truck Accident Lawsuit
Liability isn’t always black and white. Even if a truck driver clearly caused the crash, insurers often look for ways to blame you.
Texas uses a modified comparative negligence rule. That means you can still recover money if you’re partly at fault, as long as you’re not more than 50% responsible. However, your recovery is reduced by your percentage of fault.
Other states have similar systems, though some are stricter. This is why trucking insurers often try to shift blame. An experienced lawyer can push back with evidence like crash reconstructions, driver logs, and witness statements.
Damages You Might Recover in a Truck Accident Lawsuit
Truck crashes often bring severe injuries that affect every part of your life, including your finances. A truck accident lawsuit is your legal route to seek compensation for these losses.
Economic damages
Economic damages cover concrete costs, including:
- Medical bills, surgery, therapy, and future treatment
- Lost wages and reduced future earnings
- Damage to your vehicle or personal property
These losses are often documented through bills, pay stubs, and financial records, making them easier to prove than non-economic damages.
Non-economic damages
Non-economic damages aim to compensate you for:
- Pain and physical suffering
- Emotional distress and anxiety
- Loss of enjoyment of life
- Scarring or permanent disability
Though these damages don’t come with receipts, they’re just as real. They reflect how the accident has affected your daily living, relationships, and mental health.
Wrongful death damages
If a truck accident tragically takes a loved one’s life, certain family members may pursue wrongful death damages. In Texas and many other states, these damages can include:
- Funeral and burial costs
- Loss of the deceased’s income and financial support
- Loss of companionship, love, and emotional support
- Mental anguish suffered by surviving family members
Wrongful death claims can be complex, and the rules vary by state. A lawyer can help guide families through this difficult process while seeking maximum compensation for their loss.
Punitive damages
Sometimes, courts also award punitive damages if the trucking company or driver acted with extreme recklessness, like driving drunk or falsifying logbooks. These damages are meant to punish the wrongdoer and deter similar conduct in the future.
Truck companies often have large insurance policies, but insurers rarely pay without a fight. Having an attorney who understands the trucking industry helps you pursue the maximum compensation possible.
How Evidence Shapes Your Truck Accident Claim
Truck crashes leave behind vital evidence, but it can disappear fast if someone doesn’t act to preserve it. Trucking companies often deploy teams immediately in response to accidents to protect their interests.
Key evidence might include:
- Electronic logging device (ELD) data showing speed, braking, and driver hours
- Driver logs and employment records
- Dashcam footage
- GPS tracking data
- Maintenance and inspection records
- Cargo loading documents
- Driver drug and alcohol tests
Sometimes trucking companies “lose” or destroy records unless they’re formally asked to preserve them. That’s why lawyers often send a spoliation letter right away, putting the company on notice that evidence, such as electronic logs, dashcam footage, maintenance records, or other documents, must be kept intact.
Building a strong truck accident case often means hiring experts to analyze data and reconstruct how the crash happened. It’s a complex process, but one that can make or break your claim.
How Truck Accident Lawsuits Work
Filing a truck accident lawsuit might sound intimidating, especially if you’re still dealing with injuries and financial stress. But knowing the steps ahead can give you some peace of mind.
Most truck accident claims begin as insurance claims. Your lawyer gathers evidence, calculates your damages, and negotiates with the trucking company’s insurance carrier. If the insurer refuses to offer a fair settlement, your lawyer may recommend filing a lawsuit.
Key stages in a truck accident lawsuit often include:
- Investigation: Collecting documents, witness statements, black box data, and other evidence to prove fault and damages.
- Filing the complaint: Your lawyer files a legal document in court describing what happened, who’s at fault, and what compensation you’re seeking.
- Discovery: Both sides exchange evidence and conduct depositions. This stage can reveal critical information like driver logs or company safety violations.
- Motions: Lawyers may file motions to dismiss parts of the case or resolve certain issues before trial.
- Settlement negotiations: Many cases settle during or after discovery, once both sides see the strength of the evidence.
- Trial: If the insurance company refuses to offer you a fair deal, your case may go to court, and a judge or jury will decide fault and damages.
Truck accident cases can be more time-consuming and expensive than ordinary car accident claims. Trucking companies tend to fight hard, especially when catastrophic injuries or high-dollar damages are involved. Working with a law firm that has the resources and experience to see your case through can make all the difference
Statute of Limitations for Truck Accident Lawsuits
Every state sets a time limit for filing a personal injury lawsuit, called the statute of limitations. If you miss that deadline, you might lose your chance to recover compensation, even if the trucking company was clearly at fault.
Most states allow two to three years after the accident to file a personal injury or wrongful death lawsuit, but some states allow more or less time.
In Texas, the statute of limitations generally allows two years from the date of your truck accident to file suit. The same goes for wrongful death claims if you’ve lost a loved one. However, exceptions exist, like cases involving minors or defendants who leave the state.
Talking to a personal injury lawyer soon after your crash helps protect your rights and can ensure that evidence doesn’t disappear.
Settlements in Truck Accident Cases
Most truck accident claims settle without going to trial. Settlement talks can happen at any stage, from early negotiations to right before a jury issues a verdict.
Factors that influence settlement value include:
- Severity and permanence of injuries
- Future medical care costs
- Lost income and diminished earning capacity
- Strength of evidence proving fault
- Policy limits on trucking insurance coverage
Trucking insurers sometimes try to settle quickly and cheaply. But accepting the first offer without legal advice can leave you without enough money for ongoing medical needs or lost income.
A lawyer experienced with truck accident lawsuits will evaluate whether a settlement offer is fair or to push for a better result.
Why Having a Lawyer Matters in a Truck Accident Case
Truck accidents are different from regular car crashes in nearly every way. From federal regulations to powerful insurers, these cases involve legal challenges most people can’t handle alone.
An attorney who understands truck accident cases can:
- Investigate trucking industry rules and practices
- Identify all responsible parties
- Preserve and analyze critical evidence
- Calculate fair damages for severe, long-term injuries
- Stand up to trucking companies and insurers in negotiations or court
Trucking companies have teams protecting their interests. You deserve someone fiercely protecting yours.
Frequently Asked Questions About Truck Accident Lawsuits
What’s the minimum insurance required for trucks in Texas?
Federal law requires trucks over 10,001 pounds in interstate commerce to carry at least $750,000 in liability coverage. For hazardous cargo, this can go up to $5 million. Texas generally follows these standards.
Can I sue Amazon, UPS, or FedEx if their truck hits me?
Possibly. Whether you can sue the company depends on the driver’s employment status and other factors. These cases are complex and often require a close legal review.
Will my case definitely go to trial?
Not necessarily. Many truck accident cases settle out of court. But if insurers refuse to settle fairly, your lawyer should be prepared to take your case to trial.
How long does a truck accident lawsuit take?
Some cases settle in a few months. More complex cases, especially those with severe injuries or multiple defendants, can take over a year.
Do I have to pay my lawyer upfront?
No. Most truck accident lawyers work on a contingency fee basis. You only pay if they recover money for you.
Talk to Cowen | Rodriguez | Peacock About Your Truck Accident
If a truck hit your car and left you struggling with injuries, lost income, or the uncertainty of what comes next, you deserve strong legal support. Trucking companies move fast to protect themselves. You deserve someone moving fast for you.
At Cowen | Rodriguez | Peacock, we focus on serious truck and commercial vehicle accidents. Our team understands the trucking industry and knows how to hold big companies accountable. We’re ready to fight for the full compensation you need to rebuild your life.We’re based in San Antonio, Texas, and serve clients across the state. Call us today at (210) 941-1306 or visit our contact page for a free consultation. Let’s talk about how we can help.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.