Lubbock Truck Accident Lawyer

Why Truck Accident Claims Are Legally Different From Car Accident Cases

A collision with a passenger vehicle and a collision with a loaded semi-truck are not the same kind of legal case. The injuries in truck accidents tend to be worse, the evidence is more complex, and there are federal laws to consider. Here’s what makes truck accident claims distinct.

More parties may be responsible. In car accident cases, liability usually only applies to two drivers. A truck accident can implicate the driver, the trucking company, a cargo shipper or loader, a third-party maintenance contractor, or even a vehicle or parts manufacturer. Identifying all of the responsible parties requires an in-depth investigation.

Federal regulations apply. Commercial trucking operates under Federal Motor Carrier Safety Administration (FMCSA) rules that govern everything from driver hours of service limits to vehicle maintenance schedules. A violation of any FMCSA regulation can be enough to prove negligence in a truck accident case. 

The insurance stakes are higher. Commercial trucks are required to carry substantially larger liability policies than passenger vehicles. With more money at stake, trucking companies have large legal teams to defend their drivers. These corporate lawyers look for every possible loophole in an attempt to protect trucking businesses. 

Evidence That’s Unique to Truck Accidents

Experienced truck accident lawyers know how to preserve and access valuable evidence. Sources of evidence in truck accident cases include: 

The electronic logging device (ELD). Federal law requires commercial trucks to use ELDs that record the driver’s hours of service in real time. ELD data can establish whether the driver was fatigued, had exceeded legal driving limits, or falsified their logs before the crash. Carriers are only required to store ELD data for six months, but a truck accident attorney can issue a spoliation letter that forces carriers to preserve ELD data beyond the usual timeframe. 

The engine control module (ECM). Often called the truck’s “black box,” the ECM records vehicle speed, braking force, throttle input, cruise control status, and other operational data in the moments before a crash. This data frequently tells a clearer story than any witness account. But there is no federal rule that requires carriers to preserve ECM data, and as a truck rolls, data is continuously overwritten. An attorney can stop that process by issuing an urgent spoliation letter. 

Driver qualification files and inspection records. Federal regulations require trucking companies to maintain driver qualification files, including hiring records, license history, drug test results, and prior accident reports. Accessing this information can help truck accident attorneys win cases for clients.

Dashcam and traffic camera footage. Many commercial trucks have forward-facing dashcams that can reveal what happened in the moments preceding a crash. Traffic cameras, business surveillance systems, and intersection cameras along the route may also provide visibility into the crash. These systems may overwrite footage within 30 to 60 days, so this is another instance when an attorney needs to issue a spoliation letter to preserve the evidence. 

Who Can Be Held Liable in a Lubbock 18-Wheeler Accident

In truck accidents, the web of potential defendants is wider, and so is the recovery available to victims if an attorney can identify all liable parties.

The truck driver. Direct negligence — driving while intoxicated, excessive speeding, or following too closely — creates liability for the driver. But in many commercial truck accidents, the driver is not the only party at fault.

The trucking company. In Texas, employers are generally liable for the negligent acts of their employees under the doctrine of respondeat superior. A trucking company can also bear liability if it hired a driver with a disqualifying history, failed to enforce hours-of-service compliance, or cut corners on vehicle maintenance, resulting in a mechanical failure that contributed to a crash.

Cargo loaders and shippers. A load that’s improperly secured, overweight, or unevenly distributed can cause a truck to jackknife, roll, or lose control on a curve. The company responsible for loading, or the shipper who arranged the load, may be liable when cargo conditions contributed to the crash.

Third-party maintenance contractors. Many trucking companies outsource vehicle maintenance. If a contractor failed to identify or repair a brake defect, a tire problem, or a steering issue that contributed to the crash, that contractor is a potential defendant.

Truck and parts manufacturers. When a mechanical failure is the result of a design defect or a defective component, an attorney may be able to file a product liability claim against the manufacturer, separate from the truck accident negligence claims against the driver and carrier.

What Our Lubbock Truck Accident Attorneys Do for Clients

If you choose Dean Boyd to represent you, we’ll get to work immediately. The first step is sending litigation hold and evidence spoliation letters to the trucking company, their insurer, and any other potentially liable parties. These letters create a legal obligation to preserve data, records, and equipment that could otherwise be deleted, overwritten, or returned to service.

From there, we conduct an independent review of all data and records, and we look for witnesses who may have seen the crash or have critical information about the driver or their employer. We work with accident reconstruction specialists and commercial trucking industry experts when the facts require it.

We calculate your full damages, accounting for emergency care, surgeries, long-term rehabilitation, lost wages, reduced earning capacity, and non-economic damages like pain and suffering. Truck accident injuries are often catastrophic, and the long-term costs have to be fully documented before any settlement conversation begins.

If the trucking company’s insurer won’t offer a fair settlement, we’re prepared to litigate in Lubbock state or federal court.