What are some common causes of trucking accidents in Texas?
Driver fatigue is one of the most prevalent causes. Truck drivers are often under immense pressure to meet tight deadlines, and their pay frequently depends on delivery times. This pressure can lead to insufficient rest, causing drivers to be drowsy or distracted on the road. Some resort to using stimulants like energy drinks or even medications to stay awake—an action that doesn’t necessarily improve their reaction times or judgment.
Distracted driving, particularly involving cell phones, is another frequent factor. Despite company policies banning cell phone use while driving, boredom and long hours on the road tempt some drivers to watch videos or scroll social media. In one case, a truck driver caused a multi-car pileup while watching YouTube—an event confirmed through forensic phone analysis.
Weather conditions also play a major role. Under federal trucking laws, drivers are required to pull over during unsafe conditions like heavy rain or snow. Unfortunately, not all drivers comply, resulting in accidents that could have been prevented.
How do trucking laws differ from those for regular drivers?
Trucking accidents are governed by the Federal Motor Carrier Safety Regulations (FMCSR), a much more comprehensive set of rules than what typical drivers follow under the Texas Transportation Code. These laws cover everything from required rest periods to equipment inspections and driver logs.
Truck drivers are also subject to audits by the U.S. Department of Transportation, typically every two years. The goal is to ensure drivers and companies comply with these stringent regulations—but that’s not always the reality on the ground.
What types of injuries are common in truck accident cases?
The size and weight of commercial trucks—some weighing up to 80,000 pounds—can lead to devastating injuries. Victims may suffer from broken bones, amputations, paralysis, or even death. The impact on families is equally severe, with emotional trauma, financial hardship, and long-term care often required.
What makes trucking accident claims more legally complex than typical car accidents?
Truck accident cases involve a web of federal regulations, technical evidence, and corporate interests that don’t exist in standard car crashes. An experienced attorney is essential. Trucking companies often instruct drivers on what to say following a crash—sometimes even before they speak with police or the victim. Without immediate legal representation, crucial evidence can be lost or intentionally destroyed.
Black box data (from the truck’s ECM module), cell phone records, driving logs, and maintenance records are vital pieces of evidence. If not preserved quickly, they may be deleted. Attorneys must act fast by sending a notice to preserve evidence, putting the trucking company under a legal obligation to maintain this information.
In one case, Garza was able to retrieve crucial video footage months after a crash by subpoenaing a third-party company that maintained the truck’s cameras, even after the trucking company claimed the video no longer existed.
How is liability determined in these cases?
Determining fault goes far beyond just the truck driver. The carrier company, maintenance providers, and even the manufacturer of truck components may share responsibility. Investigators look into hours-of-service violations, maintenance issues, driver qualifications, and company compliance history.
Attorneys may file Freedom of Information Act (FOIA) requests with the Department of Transportation to uncover prior violations or safety issues with the trucking company involved. These details can support liability claims and ensure victims receive fair compensation.
Are trucking companies improving safety measures in Texas?
According to Garza, the outlook isn’t promising. While some companies follow regulations diligently, many cut corners—and often attempt to hide their negligence. Political influence from insurance companies and corporate lobbying has made it harder to hold bad actors accountable.
Efforts to limit jury awards and make lawsuits more difficult are becoming more common, driven by large donors lobbying for the trucking and insurance industries. These changes threaten the rights of victims and their access to fair compensation.
What role do insurance companies play after a trucking accident?
Insurance companies frequently attempt to settle claims quickly—sometimes offering money within days of a crash, before any investigation has even begun. Victims who accept these offers often do so without understanding the full extent of their injuries or future medical needs. Once they sign a settlement, their legal options vanish.
Insurance representatives may also push for recorded statements, asking misleading questions that can later be used to weaken a victim’s case. Garza strongly advises against giving such statements without legal counsel, emphasizing that insurance companies are not on the victim’s side.
