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Filing a Tractor-Trailer Accident Claim

There are certainly instances where truck drivers intentionally cause collisions while on the road. But these situations are rare. The vast majority of collisions are considered accidental, even if the truck driver was operating while impaired or sleep deprived. For this reason, truck accidents are usually pursued using the cause of action known as negligence. Negligence is a legal theory that states that some people have a responsibility to protect others. When that responsibility is broken, and people become injured, the at-fault person is civilly liable to pay damages. In every case, a truck driver has a legal duty to protect everyone else on the road. However, one of the first things that must be determined in any truck accident case is the correct defendant. In truck accident cases, both the driver and the trucking company may be responsible for the damages depending on the situation.

Common Causes of Truck Accidents

Truck accidents can have devastating consequences, often resulting from negligence or hazardous driving conditions. Understanding the common causes can help identify liability and prevent future collisions. Some of the most frequent causes include:

  • Driver fatigue: Long hours on the road can lead to drowsy driving and slower reaction times.
  • Distracted driving: Texting, eating, or adjusting GPS while driving can cause dangerous lapses in attention.
  • Speeding and reckless driving: Large trucks require more time to stop, making excessive speed particularly hazardous.
  • Poor vehicle maintenance: Faulty brakes, worn tires, or mechanical failures can lead to catastrophic accidents.
  • Overloaded or improperly loaded cargo: Unbalanced loads can cause rollovers or jackknife accidents.
  • Driving under the influence: Alcohol or drug impairment affects a truck driver’s judgment and reaction time.
  • Adverse weather conditions: Rain, snow, and fog reduce visibility and increase stopping distances.
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Common Trucking Accident Injuries

Truck accidents often result in severe injuries due to the size and weight of commercial trucks. Victims may face long-term medical challenges, extensive recovery times, and significant financial burdens. Some of the most common injuries include:

Traumatic brain injuries (TBI)

Head trauma from impact can cause lasting cognitive and physical impairments.

Spinal cord injuries

Damage to the spine can lead to paralysis or long-term mobility issues.

Broken bones

High-impact collisions often result in fractures that require surgery and rehabilitation.

Internal injuries

Organ damage and internal bleeding can be life-threatening if not treated immediately.

Severe burns

Fires or hazardous material spills can cause serious burns, leading to disfigurement or complications.

Whiplash and soft tissue injuries

Sudden impact can strain muscles, ligaments, and tendons, causing long-term pain.

Amputations

Severe crashes may lead to the loss of limbs, significantly altering a victim’s life.

Seeking medical attention immediately after a trucking accident is critical, even if injuries aren't apparent right away. Proper documentation and early treatment can play a crucial role in your recovery and any legal action you pursue. 

Tips for Avoiding a Trucking Accident

Sharing the road with large trucks requires extra caution to reduce the risk of accidents. Due to their size and limited maneuverability, trucks have larger blind spots and require more time to stop. By following these safety tips, you can help protect yourself and others:

  • Stay out of blind spots: Avoid lingering in a truck’s “no-zones,” especially on the sides and directly behind the vehicle.
  • Give trucks plenty of space: Trucks take longer to stop, so avoid cutting in front too closely.
  • Pass safely: Always pass on the left, where the driver has better visibility and doesn’t linger beside the truck.
  • Be mindful of turns: Trucks make wide turns, so never try to squeeze between a turning truck and the curb.
  • Avoid distractions: Stay alert and focused when driving near trucks, especially in high-traffic areas.
  • Adjust for weather conditions: Increase your following distance when roads are wet or icy to avoid sudden braking near trucks.
  • Watch for signals: Pay attention to a truck’s turn signals, as they may need extra space to change lanes or exit the roadway.
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Understanding Negligence and Negligence Per Se

Negligence can result from a defendant’s violation of a law or simply irresponsible driving. If the truck was found to be violating a law, a negligence claim may be pursued using a legal theory known as negligence per se. This simply means that when a person is violating a law, they are civilly responsible for any harm caused by their negligence. A case centered on negligence per se is always a strong one for the plaintiff. Cases that rely on the theory that the defendant’s truck driver was driving in a careless manner are much more complicated. In many situations, the plaintiff and defendant offer very different stories concerning the accident and how it occurred. These cases can necessitate accident reconstructions and third-party accounts of the accident to determine liability.

Time Is of the Essence

Lastly, a seasoned truck crash lawyer in Frisco is aware that there is a limited time to file a lawsuit alleging negligence. Under Texas Civil Practice and Remedies Code 16.003 any lawsuit alleging personal injury must be started in court no more than two years after the incident. This is known as the statute of limitations. Many cases that are otherwise very strong have been lost because people were not aware of this part of the law. There are occasions when the statute of limitations is less than the two years normally allowed. Often, injured parties in trucking wrecks must take action fast to prevent the destruction of evidence like driving log books, electronic data from the truck ECM or ‘black box’, and certain truck maintenance records. Waiting to pursue these claims is rarely advisable, so speak with a skilled Frisco truck accident attorney today.

How a Frisco Truck Accident Attorney Can Help

The aftermath of a truck accident can be a chaotic and frustrating time. Often, a person’s car is totaled and they require serious medical attention. A full recovery from a truck accident can take months if it happens at all. High medical costs, lost time at work, and even a permanent disability can have an immense impact on a person’s life. A truck accident attorney in Frisco is here to help. We cannot make it so that the accident did not happen, but we can work to hold the responsible parties legally liable. This can provide compensation to injured people and their families that serve to make the future more manageable. There is a limited time to file a claim. Don’t hesitate; contact a Frisco 18-wheeler collision attorney at McCraw Law Group today.

Truck Accident FAQ

What should I do immediately after a truck accident in Frisco?

Who can be held liable in a truck accident case?

What types of damages can I recover after a truck accident?

What evidence is crucial for a truck accident claim?

How long do I have to file a truck accident lawsuit in Texas?

What if the trucking company’s insurance offers me a settlement?

How is fault determined in a truck accident case?

Can I still recover damages if I was partially at fault for the accident?

What if the truck driver was working for an out-of-state company?

Why should I hire a Frisco truck accident attorney instead of a general personal injury lawyer?

What should I do immediately after a truck accident in Frisco?

After ensuring your safety and seeking medical attention, call the police to report the accident. Document the scene with photos, gather contact information from witnesses, and exchange information with the truck driver. Avoid making statements admitting fault and consult a truck accident attorney as soon as possible.

Who can be held liable in a truck accident case?

Liability can extend beyond the truck driver to include the trucking company, the truck manufacturer (if defective parts contributed), maintenance providers, and cargo loaders. Determining the liable parties often requires investigation.

What types of damages can I recover after a truck accident?

You may recover compensatory damages, which include medical expenses, lost wages, pain and suffering, property damage, and future rehabilitation costs. In some cases, punitive damages may also be awarded if gross negligence is proven.

What evidence is crucial for a truck accident claim?

Important evidence includes police reports, medical records, photos of the scene, witness statements, electronic logging device (ELD) data, the truck's black box data, and truck maintenance records.

How long do I have to file a truck accident lawsuit in Texas?

Under Texas law, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, acting quickly is important to secure evidence that may be lost over time.

What if the trucking company’s insurance offers me a settlement?

Insurance companies often aim to minimize payouts. It is advisable to consult with a truck accident lawyer before accepting any settlement to ensure you receive fair compensation for your injuries and damages.

How is fault determined in a truck accident case?

Fault is determined through an analysis of evidence such as accident reconstruction reports, compliance with trucking regulations, driver logs, and witness testimony. Both negligence and negligence per se can play a role in establishing liability.

Can I still recover damages if I was partially at fault for the accident?

Yes, Texas follows a modified comparative negligence rule. As long as you are not more than 50% at fault, you can recover damages, but your compensation will be reduced by your percentage of fault.

What if the truck driver was working for an out-of-state company?

Trucking companies that operate interstate must comply with federal regulations. A local attorney can help navigate jurisdictional issues and ensure all responsible parties, regardless of their location, are held accountable.

Why should I hire a Frisco truck accident attorney instead of a general personal injury lawyer?

Truck accident cases often involve complex federal and state regulations, multiple liable parties, and significant damages. A Frisco truck accident attorney specializes in these cases, has experience dealing with trucking companies, and knows how to build a strong claim tailored to local laws.

Frisco Case Types

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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