18-Wheeler & Commercial Truck Crashes
Houston truck accident lawyer for people hit by 18-wheelers and company trucks
Chapter 1
Why a truck crash claim is different from a car crash
A crash with an 18-wheeler is not just a bigger car accident. The rules, the evidence and the people on the other side are different, and each difference changes how the case is built.
- More than one party may be at fault. The driver, the trucking company, whoever loaded the cargo and whoever maintained the truck can each share responsibility.
- Federal safety rules apply. Trucking companies and drivers must follow rules on driving hours, driver qualifications, drug and alcohol testing, and truck inspection. A broken rule can be evidence of fault.
- Insurance limits are much higher. Most interstate trucking companies hauling general freight must carry at least $750,000 in liability coverage, far above the Texas minimum for cars.
- The trucking company holds most of the evidence. Logbooks, engine data, dispatch messages and maintenance records stay with the company unless someone asks for them in writing.
- Texas has special trial rules for commercial vehicle cases. A trucking company can ask the court to split the trial into two phases, which shapes how the case is prepared from the start.
If a truck hit you in the last few days
DO THESE THREE THINGS BEFORE ANYTHING ELSE
Get medical care and keep every record
Injuries from a truck crash are often worse than they feel on day one. Follow-up visits, scans and bills all become evidence of what the crash cost you.
Don't talk to the trucking company's insurer
Their adjuster or investigator may call quickly and sound helpful. You do not have to give a statement, and you should not sign anything they send.
Call before the evidence is gone
Driver logs, the truck's onboard data and camera footage are in the trucking company's hands. Some of it only has to be kept for months, so a written demand to preserve it matters early.
Chapter 2
Who can be responsible for a Houston truck crash
Finding every responsible party matters, because each may have its own insurance policy.
- The truck driver. For speeding, distraction, fatigue, impairment or an unsafe turn or lane change.
- The trucking company (motor carrier). For its driver's negligence on the job, and for its own failures in hiring, training, supervising or scheduling drivers. Federal safety rules treat an owner-operator driving under a carrier's authority as that carrier's employee for safety purposes.
- The owner of the truck or trailer. When it is a different company from the carrier.
- The company that loaded the cargo. An overweight, unbalanced or unsecured load can cause rollovers, jackknifes and spilled cargo.
- The maintenance company. Worn brakes, bad tires and broken lights are maintenance failures.
- The maker of a defective part. When a brake, tire or steering failure comes from a defect rather than wear.
Chapter 3
Federal rules that trucking companies must follow
Trucks that cross state lines follow the Federal Motor Carrier Safety Regulations. Texas applies many of the same rules to trucks that stay inside the state, with Texas-specific exceptions. These are the rules that come up most in crash cases.
- 11 hoursDriving limit
- Under the usual federal rule, a property-carrying driver may drive up to 11 hours after 10 hours off duty, and can't drive after the 14th hour since coming on duty.
- $750,000Minimum liability coverage
- The federal minimum for most interstate for-hire carriers hauling general freight. Some hazardous loads require $1 million to $5 million.
- 6 monthsHow long logs must be kept
- Carriers must keep drivers' records of duty status, including electronic logging device data and supporting documents, for at least six months.
- TestingDrug and alcohol tests after a crash
- After a fatal crash, and after certain injury or tow-away crashes where the truck driver is cited for a moving violation, federal rules require testing the driver for alcohol, drugs or both within set time limits.
Chapter 4
Evidence in a truck crash case, and why time matters
Much of the proof in a truck case is electronic or held by the trucking company. These are the records Allen asks the company to preserve.
- Electronic logging device (ELD) data. Shows when the driver was driving and resting, and whether hours rules were broken.
- Engine control module ("black box") data. Speed, braking and throttle in the seconds before the crash.
- Dash cameras and driver-facing cameras. Many fleets record the road ahead, and some record the driver.
- Dispatch records and phone data. Delivery schedules and messages can show pressure to drive too long or distraction at the wheel.
- Inspection and maintenance records. Required inspections and repair history for the tractor and the trailer.
- The driver qualification file. License, medical certificate, driving history and past drug and alcohol tests.
- Police crash report, scene photos and witnesses. The same basics as any crash, gathered before memories fade and businesses overwrite their footage.
Chapter 5
What Texas law says about your claim
- 2 yearsDeadline to file suit
- Most truck accident injury lawsuits must be filed within two years of the crash. Claims involving a city, county or state vehicle can require written notice much sooner.
- 51%Shared fault
- You can recover as long as you were not more than 50 percent at fault, and your award is reduced by your share. Trucking insurers often argue the car driver caused the crash.
- 2 phasesCommercial vehicle trials
- Since 2021, a trucking company sued over a crash can ask for a split trial: fault and compensation first, then punitive damages and certain claims against the company itself.
- Full damagesWhat you can recover
- Medical bills, future care, lost wages and earning capacity, physical pain, mental anguish, physical impairment and disfigurement, when the evidence supports them.
Chapter 6
Where Houston truck crashes happen
Houston's freeways carry heavy truck traffic to and from the Port of Houston, the refineries along the Ship Channel and distribution centers across the region. The crash location often points to the evidence, such as TxDOT cameras, toll-road records or weigh-station data.
Chapter 7
What Allen does on a truck accident case
At big firms your file often goes to a case manager. Allen's cases run differently.
- Preservation letters right away. Written demands that the trucking company keep its logs, engine data, camera footage and maintenance records.
- Every responsible party identified. The driver, the carrier and anyone else whose mistake contributed, along with each one's insurance.
- All insurer contact goes through Allen. You never give a recorded statement. Adjusters get his number, not yours.
- Your medical care stays on track. Allen makes sure your treatment is documented so every injury is counted.
- Negotiation with a lawsuit ready. If the offer is not fair, Allen files suit.
- You hear from Allen, not an assistant. Calls and texts are returned by the attorney handling your case.
Questions
Houston truck accident questions, answered
Who is liable in a truck accident in Texas?
Often more than one party. The driver can be responsible for unsafe driving, and the trucking company is generally responsible for its driver's negligence on the job and for its own failures in hiring, training or maintenance. The cargo loader, the truck's owner or a parts maker may share fault too. Each responsible party may have its own insurance.
How much does a Houston truck accident lawyer cost?
Nothing up front. Mousavi & Associates works on a contingency fee: the attorney's fee is a percentage of the money recovered for you. If there is no recovery, you owe no attorney's fees and no case expenses. Allen walks you through the written agreement before you sign.
How long do I have to file a truck accident claim in Texas?
Generally, a lawsuit must be filed within two years of the crash; different rules can apply to children. Claims involving a government vehicle can require written notice much sooner. Truck evidence can disappear long before that: some driver logs only have to be kept for six months. The practical answer is to call this week.
What if the truck driver says the crash was my fault?
You can still recover as long as you were not more than 50 percent responsible, and your compensation is reduced by your share. Engine data, logs and cameras often show what the truck was doing, which is why preserving them early matters.
Can I sue the trucking company if the driver was an independent contractor?
Often, yes. Federal safety rules treat a driver operating a commercial truck under a carrier's authority as the carrier's employee for safety purposes, and the carrier may be responsible for that driver's conduct. Who is liable depends on the lease and the facts, which is one of the first things Allen looks at.
How much is a truck accident case worth?
It depends on your injuries, your medical care, the income you lost, how fault is shared and how much insurance is available. Every case is different, and no lawyer can honestly promise a number at the start. What Allen can do is find every source of insurance and document every loss.
Will my truck accident case go to trial?
Most injury cases settle without a trial, but truck cases are prepared as if they will be tried. Under Texas law a trucking company can ask for a two-phase trial, and that affects how the evidence is organized from the start.
"I was in a really bad accident this past January. My car was totaled. I was not at fault. Mr Mousavi took my case and worked diligently on my behalf. The insurance company of the other party wanted to settle way less than what the policy allowed. He advised me not settle but to be steadfast. He informed me that we will have to do go court and it can take from 12 to 18 months to settle. Well it only took 8 months! He really fought for me! We did not have to go to court after all! And I received the maximum amount that was owed to me. He was always professional, honest and always always returned my calls or texts. Highly recommend Mousavi and Associates. You will not be disappointed! He will fight for you!"
"When a family member was badly injured in a car accident, Allen Mousavi was an incredible help throughout our case. From the very beginning, he was compassionate, professional, and always kept us informed without us having to constantly reach out for updates. He handled our case efficiently and fought hard to make sure we received the compensation our family deserved. During such a difficult time, it meant so much to have someone we could trust who genuinely cared about our situation. We truly appreciate everything Allen did for us and couldn’t be more grateful for his dedication and support. I highly recommend him to anyone who needs an attorney who will stand by you and get results. We’ll definitely be recommending him to our friends and family. Thank you again, Allen!"
"I highly recommend Mousavi & Associates, Allan Mousavi. He handled my son’s accident case with exceptional professionalism from beginning to end. He was knowledgeable, responsive, and always kept us informed so we fully understood each step of the process. Everything was managed smoothly and efficiently, which gave our family real peace of mind during a difficult time. I’m truly grateful for his dedication, honesty, and the respectful way he treated us throughout the case. Thank you, Allan, for your outstanding work and support."
Hurt in a Houston truck accident?
THE TRUCKING COMPANY HAS LAWYERS. NOW YOU DO TOO.
After a truck crash, the trucking company and its insurer start building their side of the story right away. Allen Mousavi handles your case himself, from the first call on. Free case review, and you owe no attorney's fee unless we recover money for you.
Allen Mousavi, Attorney at LawFounder, Mousavi & Associates · Houston, Texas
Serving: Houston · Harris County · Katy · Sugar Land · Pasadena · The Woodlands