Who can be held liable in a truck accident?

Depending on the circumstances, several parties may bear responsibility for a truck accident, including the truck driver, the trucking company, the company that loaded the cargo, the vehicle or parts manufacturer, and maintenance providers. Texas law allows injured parties to pursue claims against all responsible parties, and an investigation into driver logs, maintenance records, and company policies can help identify who may be at fault.

What evidence is important in a truck accident case?

Critical evidence in a truck accident case can include the truck driver hours-of-service logs, electronic logging device data, the truck black box or event data recorder, maintenance and inspection records, cargo loading documentation, the driver hiring and training file, toxicology results, and surveillance or dashcam footage. Preserving this evidence quickly is important because trucking companies may have policies to destroy records after a set period.

San Antonio Truck Accident Lawyer

Truck accident cases are not scaled-up car accident cases. They are a different category of litigation — governed by federal regulations that most commercial carriers know how to navigate better than most law firms, and defended by commercial insurers whose first priority is protecting their client’s ongoing business relationship with the carrier. Ronald A. Ramos has been handling truck accident claims in San Antonio for over four decades. This page explains how we approach them.

Why Truck Accident Cases Require a Different Approach

A commercial truck accident triggers a chain of events that a car accident does not. The trucking company’s insurer is typically notified before the injured person has left the hospital. An adjuster — and sometimes an accident reconstruction team — may be dispatched to the scene within hours. The truck’s electronic control module, which records speed, braking, throttle position, and hours-of-service data, can be overwritten if not preserved quickly.

Texas truck accident cases also involve federal law. The Federal Motor Carrier Safety Administration (FMCSA) sets mandatory standards for driver qualifications, hours-of-service limits, vehicle inspections, and cargo securement. When a carrier or driver violates those standards and a crash results, those violations become direct evidence of negligence.

At Ronald A. Ramos, P.C., we send preservation letters to carriers immediately after being retained — before evidence is lost, driver logs are purged, or vehicles are repaired. We retain accident reconstruction specialists and review ECM data, driver qualification files, hours-of-service records, inspection logs, and cargo manifests as part of every truck accident case we accept.

18-Wheeler Accidents in San Antonio

Fully loaded 18-wheelers can weigh up to 80,000 pounds — the federal gross vehicle weight limit — and stretch more than 70 feet from bumper to trailer. At highway speeds, a loaded semi requires more than 500 feet to stop. These physical realities are why 18-wheeler crashes cause disproportionately severe injuries: the physics of the impact are simply different from collisions between passenger vehicles. Get a starting estimate of your damages with our free pain and suffering calculator.

San Antonio sits at the junction of I-10, I-35, and I-37 — a major intersection of commercial freight routes connecting Mexico, the Gulf Coast, and the interior of the country. High commercial truck volume means more exposure, and when a crash does happen, the injuries tend to be serious.

Who Can Be Held Liable After an 18-Wheeler Crash

One of the defining features of 18-wheeler cases is how many parties may share responsibility for a crash. Depending on how the collision occurred, liable parties can include:

The truck driver — for hours-of-service violations, distracted driving, impairment, or failure to perform required pre-trip inspections
The trucking company — for negligent hiring or supervision, falsified logs, pressure to violate hours-of-service rules, or failure to maintain the vehicle
The cargo loading company — if improperly secured cargo shifted and caused a loss of control or rollover
The vehicle or parts manufacturer — if a mechanical defect contributed to the crash (brake failure, tire blowout, steering failure)
A maintenance contractor — if a third party performed inadequate repairs or inspections

Identifying every liable party requires reviewing the full chain of custody behind the crash — not just the driver’s record. We request carrier safety ratings, driver qualification files, lease agreements, and maintenance records to build a complete picture of responsibility.

Types of Truck Accidents We Handle

Not all truck crashes happen the same way, and the cause affects which parties are liable and what evidence matters most. We represent clients injured in:

Common Causes of Truck Accidents in Texas

Most commercial truck crashes are preventable. The causes we encounter most frequently in San Antonio cases include:

Hours-of-Service Violations

FMCSA regulations cap the number of consecutive hours a commercial driver can operate a vehicle before mandatory rest. Carriers under delivery pressure sometimes falsify driver logs or manipulate electronic logging device (ELD) records to extend driving beyond legal limits. Fatigued driving is one of the most consistent factors in serious truck crashes, and hours-of-service records are one of the first things we request after a collision.

Distracted Driving

Federal regulations prohibit commercial drivers from using handheld mobile devices while operating a commercial vehicle. Despite that prohibition, phone use and in-cab distraction remain significant causes of truck crashes. Forward-facing dashcam footage, if preserved, is often the most direct evidence available in these cases.

Inadequate Vehicle Maintenance

FMCSA requires carriers to perform regular pre-trip inspections and keep detailed maintenance records. Brake failure, tire blowouts, and lighting failures that result from deferred maintenance create liability for both the carrier and any third-party maintenance contractor involved. We request full maintenance records and inspection logs for every vehicle involved in a crash we investigate.

Improper Cargo Loading and Securement

Federal standards require cargo to be properly secured to prevent shifting during transport. Improperly loaded or unsecured cargo can cause a trailer to become unstable, leading to rollovers or lost-load incidents. When a cargo loading company is involved, they may share liability alongside the motor carrier.

Negligent Hiring and Supervision

Carriers are responsible for verifying driver qualifications, conducting background checks, and monitoring ongoing compliance. When a carrier hires a driver with a disqualifying history or fails to act on known safety issues, the carrier can be held directly liable — independent of any negligence by the driver on the day of the crash.

Speeding and Following Too Closely

Commercial trucks require significantly longer stopping distances than passenger vehicles. Speed — even within posted limits — can make a collision unavoidable in situations where a slower truck could have stopped. Speed data from the ECM, combined with roadway and weather conditions, is key evidence in speeding cases.

Injuries in Truck Accident Cases

The mass difference between a commercial truck and a passenger vehicle means truck accidents frequently produce severe injuries. Cases we handle commonly involve:

Traumatic brain injuries (TBI)
Spinal cord injuries, including partial or complete paralysis
Broken bones and orthopedic injuries requiring surgery
Internal organ damage
Severe burns
Amputations
Wrongful death

Serious injuries require serious documentation. We work with medical experts who can connect your injuries to the crash, establish your future care needs, and testify at trial if the case requires it.

Compensation in Texas Truck Accident Cases

Texas law allows injured plaintiffs to recover both economic and non-economic damages after a truck accident. Economic damages are your quantifiable financial losses. Non-economic damages compensate for harm that is real and significant even though it does not appear on a bill.

Economic Damages

Past and future medical expenses, including surgery, rehabilitation, and long-term care
Lost wages from time missed at work during recovery
Loss of future earning capacity if your injuries affect your ability to work
Property damage
Out-of-pocket expenses directly related to your injuries

Non-Economic Damages

Physical pain and suffering
Mental anguish
Loss of enjoyment of life
Disfigurement
Loss of consortium

Commercial carriers carry substantially larger insurance policies than typical automobile policies — minimum limits are set by federal law based on the type and weight of cargo. That does not mean they pay willingly. Commercial defense teams are experienced, well-resourced, and quick to act. We prepare every truck accident case for trial. That preparation is the basis for negotiating from a position of strength rather than accepting early low offers to close a file.

Texas follows modified comparative fault under Section 33.001 of the Civil Practice and Remedies Code. You can recover damages as long as you are determined to be no more than 50 percent responsible for the crash. Your recovery is reduced proportionally by your share of fault. If the other side argues you were partially at fault, we are prepared to challenge that argument with evidence — and we do not accept apportionment arguments we have not tested.

What to Do After a Truck Accident in San Antonio

The steps you take in the hours after a commercial truck crash can affect your ability to recover compensation. If you are physically able:

Call 911. Get law enforcement to the scene and on record. The police report establishes the basic facts and may note FMCSA violations observed at the scene, which are useful early evidence.
Leave the vehicles in place if it is safe to do so. Crash positions, tire marks, and road conditions are physical evidence that disappears quickly. If traffic makes this impossible, document before moving.
Photograph everything you can reach. All vehicles from multiple angles, damage, debris, cargo, skid marks, road conditions, traffic control devices, and the truck’s DOT number on the cab door.
Record the carrier’s information. The trucking company’s name, USDOT number, and MC number appear on the cab. Write them down or photograph them. This is the starting point for the investigation.
Get a medical evaluation the same day. Even if you feel functional, some serious injuries — including traumatic brain injury and internal bleeding — do not produce immediate symptoms. A same-day medical record creates a documented link between the crash and your injuries.
Do not give a recorded statement to the trucking company’s insurer. Their adjuster’s job is to limit the company’s exposure. Politely decline and consult an attorney before saying anything on the record.
Contact a truck accident attorney as quickly as possible. ECM data, dashcam footage, driver logs, and vehicle inspection records can be overwritten, purged, or lost. The sooner we are retained, the sooner we can send preservation letters and act to protect the evidence.

How Long Do You Have to File a Truck Accident Lawsuit in Texas?

Under Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for a personal injury claim is generally two years from the date of the crash. Missing that deadline eliminates your right to recover, regardless of how strong the case is. There are narrow exceptions — for minors, for claims against governmental entities, and in limited cases where injuries were not reasonably discoverable — but those situations are fact-specific and should not be relied on as a safety net. Contact an attorney as soon as possible after a truck crash.

Frequently Asked Questions

What makes truck accident cases different from car accident cases?

Three things: evidence, regulation, and insurance. Commercial trucks generate categories of evidence that passenger vehicles do not — ECM data, hours-of-service logs, driver qualification files, inspection records, and often dashcam footage. FMCSA federal regulations impose specific duties on carriers and drivers that create additional bases for liability beyond state traffic law. And commercial carriers carry much larger insurance policies, defended by experienced commercial defense teams. Truck cases require different investigative steps and different litigation preparation than car accident cases.

The truck driver says I was at fault. Does that end my case?

No. Texas uses modified comparative fault under Section 33.001. As long as you were not more than 50 percent responsible for the crash, you can still recover damages — reduced in proportion to your share of fault. Whether you were actually at fault is a factual question we investigate independently. The driver’s statement is one piece of evidence, not a determination.

What if the trucking company claims the driver was an independent contractor?

This is a common defense. Whether it holds depends on the actual relationship between the carrier and the driver — not just what the written contract says. Courts look at the degree of control the carrier exercised over the driver’s work, schedule, equipment, and operations. We review lease agreements, dispatch records, and operational control before accepting an independent contractor defense at face value.

How long does a truck accident case take to resolve?

It depends on the severity of your injuries, the number of potentially liable parties, and whether the case settles or goes to trial. Cases involving serious injuries often take longer because we want a complete picture of your future medical needs before settling. Accepting a settlement before the full extent of your injuries is known can leave you without recourse for costs that arise later. We keep clients informed throughout the process and do not push toward early settlement to close a file quickly.

What does it cost to hire a truck accident attorney?

We handle truck accident cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you. There are no upfront costs and no hourly billing. If we do not recover, you owe us nothing in fees.

What if the truck driver was cited by police at the scene?

A citation is evidence, but it is not the whole picture. Traffic citations address violations of state law; federal FMCSA violations are a separate category and may not appear in a citation at all. We investigate the full record — driver qualification file, carrier safety history, inspection records, and federal compliance — not just what appears in the police report.

Can I still recover if the trucking company is located in another state?

Yes. If the crash happened in Texas, Texas courts have jurisdiction over the claim. The carrier’s home state does not determine where you can file suit or what law applies. We handle cases involving out-of-state carriers and their insurers regularly.

Talk to a San Antonio Truck Accident Attorney — No Charge

Ronald A. Ramos has represented truck accident victims in San Antonio for over four decades. If you or a family member has been seriously injured in a crash involving a commercial truck, 18-wheeler, or other large commercial vehicle, contact us to schedule a free consultation. We handle truck accident cases on contingency — no fees unless we recover for you.