Being rear-ended by a large commercial truck is not the same as a typical car accident. While the driver behind is usually presumed to be at fault, trucking companies and their insurance carriers may use their considerable resources to challenge this. They will investigate every detail to argue that you might share the blame, because in Texas, this reduces or even eliminates their financial responsibility.
Successfully holding the right parties accountable requires understanding the specific state and federal regulations that govern the trucking industry and knowing how to access evidence that passenger car accidents don't have.
If you have a question about a recent rear-end collision involving a commercial truck, call our team at Cowen | Rodriguez | Peacock for a no-cost consultation at (210) 941-1301.\
Key Takeaways for Texas Rear-End Truck Accident Claims
- Trucking companies control essential evidence. The truck's "black box" data, driver logs, and maintenance records are crucial for your claim, and this evidence must be preserved with a formal legal notice before the company erases it.
- Multiple parties might be at fault. Liability extends beyond the driver to include the trucking company for negligent hiring, the maintenance provider for mechanical failures, or even the cargo loader for an unstable truck.
- Texas's 51% fault rule is a major hurdle. If you are found 51% or more at fault for the accident, you recover nothing, which is why trucking company insurers work aggressively to shift even a small amount of blame onto you.
Why a Rear-End Collision with a Semi-Truck Isn’t a Simple Fender-Bender
The physics involved in a collision between a passenger car and a commercial truck create a dangerously different set of consequences. A fully loaded semi-truck weighs up to 80,000 pounds, and it requires a much longer stopping distance than a smaller vehicle. This simple fact is usually at the core of a devastating rear-end collision.
Even at what might seem like a low speed, the immense weight and force of a truck leads to severe injuries. Occupants of the smaller vehicle may suffer from conditions ranging from forceful whiplash to life-altering traumatic brain injuries and spinal cord damage. The stakes are immediately higher, and the path forward becomes more complex.
To top it off, unlike a collision between two private drivers, a crash with a commercial truck—whether from a major carrier like UPS or FedEx, an Amazon delivery van, or a regional distribution company—involves corporate entities. These companies have rapid-response teams of investigators and lawyers who frequently arrive at the scene to begin building a defense before you have even left the hospital.
This is because evidence that determines the outcome of a case is owned and controlled by the trucking company. This includes:
- The "Black Box" (Electronic Logging Device - ELD): This device records data on the truck’s speed, braking, hours of service, and other key metrics. This data is easily erased or lost if not preserved with a formal legal notice.
- Driver Qualification File: This file contains the driver’s complete history, including training records, driving history, and drug test results.
- Maintenance and Inspection Records: Federal law requires that commercial vehicles undergo periodic inspections. These logs show whether the truck's brakes and other safety systems were properly maintained as required by federal law.
Proving fault requires looking beyond the driver's actions at the moment of impact. It means investigating the company's hiring and training practices, the truck's mechanical condition, and whether federal and Texas trucking regulations were followed. Our firm handles this investigation to build a foundation for your claim.
Who Could Be Held Responsible for the Accident?
In Texas, liability isn't always limited to the driver behind the wheel. We investigate all potential parties to ensure full accountability for the harm you have suffered because several parties might share responsibility for the collision.
The Truck Driver
The most direct cause is frequently driver negligence. These errors typically stem from:
- Distraction: A driver might be looking at a phone, adjusting a GPS, or communicating with a dispatcher instead of watching the road.
- Fatigue: Federal Hours-of-Service rules exist to prevent tired drivers from being on the road by limiting their driving time. Violating these rules is a common factor in truck crashes.
- Following Too Closely: The Texas Transportation Code requires all drivers to maintain an "assured clear distance" to stop safely. For an 80,000-pound truck, this distance is substantial.
- Speeding: According to the National Highway Traffic Safety Administration (NHTSA), speeding is a factor in nearly a third of all fatal large truck accidents.
The Trucking Company (The Motor Carrier)
The company that owns the truck or employs the driver is also held responsible. Under a legal doctrine called respondeat superior, an employer is generally responsible for the actions of an employee who is on the job. Simply put, the company is accountable for its driver's negligence.
We also investigate for direct negligence on the part of the company. This may include:
- Negligent Hiring: Employing a driver with a known history of unsafe driving or substance abuse.
- Inadequate Training: Failing to train drivers on safety procedures or how to handle the specific type of truck they operate.
- Pressuring Drivers: Creating a company culture that encourages drivers to meet unrealistic deadlines, which leads to speeding or skipping mandatory rest breaks.
The Maintenance Provider
If brake failure or another mechanical issue caused the collision, a third-party company responsible for the truck's maintenance and repairs could be a defendant in the case.
The Cargo Loader
If improperly loaded or secured cargo shifted during transit, it could affect the truck’s stability and braking ability. In this scenario, the company that loaded the freight may share fault for the accident.
What Steps Should You Take From Home to Protect Your Rights?
The insurance adjuster for the trucking company may call you soon after the accident. They may sound friendly and helpful, expressing concern for your well-being. Their job, however, is to protect their company's financial interests. Here is how to protect yours.
Do Not Give a Recorded Statement
You are not legally required to provide a recorded statement to the other party's insurance company. Adjusters are trained to ask questions that might seem innocent but are designed to get you to say something that is used to devalue your claim later. Politely decline and state that your attorney will be in contact with them.
Document Everything Meticulously
Memories fade under stress, but records provide a clear and objective account of what you have been through. Start a dedicated file for the accident. In it, keep every medical bill, receipt for prescriptions, and any letters or emails from insurance companies. It is also helpful to write down your detailed recollection of the accident and take photos of your injuries as they heal.
Track Your Symptoms Daily
Some serious injuries do not show up immediately after a crash. Symptoms appear and worsen over days or weeks.
Keep a simple daily journal. In it, note your pain levels (on a scale of 1 to 10), any new symptoms that arise, and how the injuries are affecting your ability to perform daily tasks like dressing, cooking, or sleeping. This journal becomes powerful evidence of your damages.
Preserve Evidence with a Spoliation Letter
As mentioned before, the trucking company controls key evidence like black box data and driver logs. A formal preservation-of-evidence letter, also called a spoliation letter, must be sent to the company. This letter legally requires them to save and not destroy any information relevant to the crash. Our firm sends this letter immediately upon being retained to protect this information.
Be Careful on Social Media
Assume that insurance investigators will review your public social media profiles. They will look for any photos or posts that could contradict your injury claims. For example, a picture of you at a family gathering could be used to argue you are not as injured as you claim.
The safest approach is to refrain from posting about the accident or your daily activities until your case is resolved.
How Is Compensation Determined in a Texas Rear-End Truck Accident Claim?
In Texas, damages are divided into three main categories.
Economic Damages (Tangible Losses)
These are the verifiable financial costs that have resulted from the accident. They are meant to make you financially "whole" again. Examples include:
- Medical Expenses: All costs from the initial emergency room visit to future needs like surgery, rehabilitation, and physical therapy.
- Lost Wages: The income you have already lost because you are unable to work.
- Loss of Future Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or working at all.
- Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash.
Non-Economic Damages (Intangible Losses)
These damages are intended to compensate you for the non-financial ways the accident has rewritten your life. Though they are harder to assign a dollar value to, they are just as real. Examples include:
- Pain and Suffering: For the physical pain and discomfort of your injuries.
- Mental Anguish: For conditions like anxiety, depression, or post-traumatic stress that stem from the trauma of the accident.
- Physical Impairment: For the loss of your ability to do daily activities, hobbies, or enjoy life as you did before the collision.
The Role of Comparative Negligence in Texas
Texas follows a legal rule known as "modified comparative negligence." This rule means your total compensation is reduced by the percentage you are found to be at fault for the accident.
Crucially, if you are found to be 51% or more at fault, you are barred from recovering any compensation at all. This 51% bar is precisely why trucking companies and their insurers work so hard to shift even a small amount of blame onto you. It completely eliminates their financial responsibility.
Mistakes That Weaken Your Claim
The weeks and months after a crash are filled with potential missteps that weaken your ability to recover fair compensation. Being aware of them makes a significant difference in the outcome of your case.
Don't Delay Medical Treatment
Any gaps in your medical records are used by the insurance company to argue that your injuries were not caused by the accident or are not as severe as you claim.
Do: Seek a full medical evaluation as soon as possible, even if you feel your injuries are minor at first. It is important to follow all of your doctor’s treatment recommendations, including attending all follow-up appointments and physical therapy sessions.
Don't Accept the First Settlement Offer
Initial settlement offers from insurers are almost always low. They are calculated to be just enough to seem tempting, but they will not account for the full, long-term cost of your injuries, especially if you need future medical care.
Do: Wait until you have reached what doctors call "maximum medical improvement" (MMI). This is the point where your medical condition has stabilized, and a clear picture of your future medical needs and limitations is available.
Don't Sign Any Documents from the Trucking Company's Insurer
You may be asked to sign a broad medical authorization or a release form. These documents give the insurer access to your entire medical history, allowing them to look for pre-existing conditions to blame for your pain. A release form may sign away your right to pursue further compensation.
Do: Have any document reviewed by an attorney before you sign anything.
Don't Miss the Filing Deadline
In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. While that may seem like a long time, building a strong truck accident case requires a thorough investigation that takes time.
Do: Contact an attorney well before the deadline approaches to ensure all evidence is gathered, your damages are fully calculated, and your claim is filed correctly and on time.
Frequently Asked Questions About Texas Rear-End Truck Accidents
The insurance adjuster wants me to use their approved auto body shop. Do I have to?
No. In Texas, you have the right to choose the repair shop for your vehicle. You are not obligated to use a shop recommended by the at-fault party's insurance company.
How much does it cost to hire Cowen | Rodriguez | Peacock for my case?
We handle truck accident cases on a contingency fee basis. This means you pay no upfront costs for our services. We only collect a fee if we successfully recover compensation for you through a settlement or verdict.
Will I have to go to court?
Most truck accident cases are settled out of court through negotiation. However, we prepare every case from the very beginning as if it will go to trial. This thorough preparation puts you in the strongest possible negotiating position and shows the insurance company we are ready to go to court if they are not willing to make a fair offer.
Let Our Experience Be Your Guide
The legal process after a commercial truck accident in Texas is demanding, but you do not have to go through it alone. We regularly handle cases for families in San Antonio and across Texas, and we are familiar with the tactics used by large trucking and delivery companies like Amazon, UPS, and FedEx. The sooner we begin our investigation and preserve the necessary evidence, the stronger your case will be.If you're ready to discuss your situation, our team at Cowen | Rodriguez | Peacock is here to listen. Call us today at (210) 941-1301.