18-Wheeler Accident Attorneys in Austin, TX – Holding Trucking Companies Accountable

If you or a loved one has been injured in an 18-wheeler accident on Austin’s highways, you need experienced legal representation that understands the unique challenges of trucking litigation. At Attorney911, we’ve been fighting for victims of catastrophic truck crashes across Texas for over 25 years. Our Austin trucking accident attorneys know how to hold negligent trucking companies accountable and secure the compensation you deserve.

Why Austin’s Highways Are Dangerous for Truck Accidents

Austin sits at the crossroads of major trucking corridors that see some of the heaviest commercial traffic in Texas:

• I-35 – The primary north-south NAFTA corridor connecting Mexico to Canada, carrying massive freight volumes through Austin daily
• US-183 – A critical route connecting Austin-Bergstrom International Airport to downtown and major distribution centers
• SH-130 – The toll road designed to divert truck traffic around Austin, but still sees significant commercial traffic
• Loop 360 – A scenic route that becomes dangerous when trucks navigate its tight curves
• MoPac Expressway (Loop 1) – A major commuter route that also serves as a key trucking corridor

These highways, combined with Austin’s rapid growth and increasing traffic congestion, create a perfect storm for devastating truck accidents. The Texas Department of Transportation reports that Travis County sees hundreds of commercial vehicle crashes annually, many resulting in serious injuries or fatalities.

Common Causes of 18-Wheeler Accidents in Austin

Our Austin trucking accident attorneys have seen firsthand how these crashes occur on our local roads:

Driver Fatigue and Hours of Service Violations

Truck drivers pushing beyond federal limits are a major hazard on Austin’s highways. The FMCSA’s hours of service regulations (49 CFR Part 395) are designed to prevent fatigue-related crashes by limiting driving time:

• Maximum 11 hours driving after 10 consecutive hours off duty
• Cannot drive beyond the 14th consecutive hour on duty
• 30-minute break required after 8 cumulative hours of driving
• 60/70-hour weekly limits with 34-hour restart provision

Despite these regulations, we frequently see drivers violating these rules on Austin’s roads. When we investigate trucking accidents, we subpoena the Electronic Logging Device (ELD) data to prove these violations. This objective evidence often contradicts what drivers claim happened and demonstrates the trucking company’s negligence in pressuring drivers to meet unrealistic schedules.

Distracted Driving on Austin’s Highways

With Austin’s growing tech industry and workforce, distracted driving has become an increasing problem. For truck drivers, distractions can be particularly deadly given the size and weight of their vehicles. Common distractions we see in Austin trucking cases include:

• Cell phone use (texting, calls, GPS navigation)
• Dispatch communications via Qualcomm or other systems
• Eating or drinking while driving
• Adjusting in-cab electronics
• External distractions (billboards, construction zones)

Federal regulations (49 CFR § 392.82) specifically prohibit texting and hand-held phone use while driving commercial vehicles. When we prove these violations, it strengthens your case significantly.

Improper Maintenance and Equipment Failures

Austin’s heat and heavy traffic take a toll on truck equipment. Common maintenance failures we see in local cases include:

• Brake failures – Austin’s hilly terrain (especially around the Capitol area) puts extra stress on braking systems
• Tire blowouts – The Texas heat causes tire degradation, and we see many blowouts on I-35 and MoPac
• Lighting failures – Critical for visibility on Austin’s roads, especially during our frequent rainstorms
• Coupling device failures – Trailers separating from cabs on highways
• Steering system failures – Particularly dangerous on curvy roads like Loop 360

Trucking companies are required by 49 CFR Part 396 to systematically inspect, repair, and maintain their vehicles. When they fail to do so, they can be held liable for resulting accidents.

Cargo Securement Violations

Improperly secured cargo is a frequent cause of accidents on Austin’s highways. The FMCSA’s cargo securement regulations (49 CFR Part 393.100-136) require:

• Cargo must be contained, immobilized, or secured to prevent shifting
• Securement systems must withstand specific forces (0.8g forward, 0.5g lateral and rearward)
• Minimum number of tiedowns based on cargo weight and length
• Special requirements for different cargo types (logs, metal coils, machinery, etc.)

When cargo shifts or spills, it can cause rollovers, jackknifes, or create road hazards that lead to multi-vehicle pileups. We’ve handled cases where improperly secured construction equipment, retail merchandise, and even livestock caused catastrophic accidents on Austin’s roads.

Impaired Driving

Despite strict regulations (49 CFR § 392.4 and § 392.5), we still see cases of truck drivers operating under the influence in Austin. The legal limits are stricter for commercial drivers:

• Alcohol: 0.04% BAC (compared to 0.08% for non-commercial drivers)
• Drugs: Any detectable amount of Schedule I substances

Austin’s vibrant nightlife and proximity to Mexico create additional risks for substance abuse among truck drivers. When we suspect impairment, we aggressively pursue toxicology reports and other evidence to prove the driver’s condition at the time of the accident.

Types of Truck Accidents We Handle in Austin

Our Austin trucking accident attorneys have experience with all types of commercial vehicle crashes:

Jackknife Accidents

These terrifying crashes occur when the trailer swings out perpendicular to the cab, often blocking multiple lanes of traffic. Jackknifes are particularly common on Austin’s highways when:

• Drivers brake suddenly on wet or slick roads
• Empty or lightly loaded trailers lose traction
• Improper braking techniques are used on downhill grades
• Equipment failures occur

We’ve handled jackknife cases on I-35 near the University of Texas campus, on MoPac during rush hour, and on SH-130 where high speeds combine with sudden braking to create dangerous conditions.

Underride Collisions

Some of the most horrific truck accidents we see in Austin are underride collisions, where a passenger vehicle slides underneath the trailer. These are often fatal because the trailer shears off the top of the smaller vehicle.

Austin has seen several high-profile underride accidents, particularly:

• Rear underride collisions – When trucks stop suddenly and passenger vehicles slide underneath
• Side underride collisions – When trucks turn across traffic lanes and vehicles impact the trailer side

Federal regulations (49 CFR § 393.86) require rear impact guards on most trailers, but there are no federal requirements for side underride guards. We’ve been involved in cases advocating for stronger underride protection standards.

Rollover Accidents

With Austin’s hilly terrain and numerous highway interchanges, rollover accidents are a significant risk. These crashes often occur when:

• Drivers take curves too fast (common on Loop 360 and MoPac interchanges)
• Improperly loaded cargo shifts during turns
• Liquid cargo sloshes in tanker trucks
• Drivers overcorrect after running off the road

Rollover accidents frequently result in cargo spills, which can create additional hazards for other vehicles. We’ve handled cases involving spilled retail merchandise, construction materials, and even hazardous chemicals on Austin’s highways.

Rear-End Collisions

Given the massive weight disparity (an 80,000-pound truck vs. a 3,500-pound car), rear-end collisions with 18-wheelers often result in catastrophic injuries. These are particularly common in Austin’s stop-and-go traffic, especially:

• On I-35 during rush hour
• Near construction zones (which are frequent in Austin)
• On MoPac where traffic patterns change suddenly
• At intersections along major truck routes

Trucks require significantly longer stopping distances – up to 525 feet at highway speeds. When drivers follow too closely or fail to account for traffic conditions, devastating crashes occur.

Wide Turn Accidents (“Squeeze Play”)

Austin’s growing urban density means more trucks navigating tight city streets. Wide turn accidents occur when:

• Trucks swing left before making a right turn
• Other vehicles enter the gap between the truck and curb
• Trucks complete their turn, crushing vehicles in the gap

These accidents are particularly common in downtown Austin, near the University of Texas campus, and in industrial areas where trucks make deliveries.

Blind Spot Accidents (“No-Zone” Crashes)

Trucks have massive blind spots that Austin drivers need to be aware of:

• Front No-Zone: 20 feet directly in front of the cab
• Rear No-Zone: 30 feet behind the trailer
• Left Side No-Zone: Extends from the cab door backward
• Right Side No-Zone: Extends from the cab door backward and is much larger than the left side

Despite these known blind spots, many truck drivers fail to properly check mirrors before changing lanes. We’ve handled numerous cases where trucks merged into Austin traffic without seeing passenger vehicles in their blind spots.

Catastrophic Injuries from Austin Truck Accidents

The size and weight disparity between 18-wheelers and passenger vehicles means truck accidents often result in life-altering injuries:

Traumatic Brain Injuries (TBI)

TBIs are among the most common and devastating injuries we see in Austin trucking cases. The extreme forces involved in truck collisions can cause:

• Mild TBI (Concussion): May cause temporary symptoms like headaches, confusion, and memory problems
• Moderate TBI: Can result in extended unconsciousness and long-term cognitive deficits
• Severe TBI: Often leads to permanent disability, requiring lifelong care

We’ve represented Austin clients who suffered TBIs from striking their heads on steering wheels, dashboards, or windows during truck collisions. Even “mild” TBIs can have lasting effects on memory, concentration, and personality.

Spinal Cord Injuries and Paralysis

The violent forces in truck accidents frequently cause spinal cord damage, resulting in:

• Paraplegia: Loss of function below the waist
• Quadriplegia: Loss of function in all four limbs
• Incomplete injuries: Some nerve function remains
• Complete injuries: Total loss of sensation and movement below the injury

Austin has excellent medical facilities like Dell Seton Medical Center and St. David’s Rehabilitation Hospital that treat spinal cord injuries, but the lifetime costs of care can exceed $5 million. We work with medical experts and life care planners to ensure our clients receive full compensation for these catastrophic injuries.

Amputations

The crushing forces in truck accidents often result in traumatic amputations or require surgical amputations due to:

• Severe crushing injuries
• Entrapment in wreckage
• Burns requiring surgical removal
• Infections from open wounds

We’ve represented Austin clients who lost limbs in truck accidents, requiring prosthetics, rehabilitation, and home modifications. The psychological impact of amputation is often as significant as the physical challenges.

Severe Burns

Truck accidents frequently result in fires or chemical exposures that cause severe burns:

• Fuel tank ruptures and fires
• Hazmat cargo spills and ignition
• Electrical fires from battery/wiring damage
• Friction burns from road contact
• Chemical burns from hazmat exposure

Austin’s proximity to chemical plants and oil refineries means we see more hazmat truck accidents than in many other cities. These cases often involve complex liability issues with multiple responsible parties.

Internal Organ Damage

The blunt force trauma from truck collisions can cause serious internal injuries:

• Liver lacerations or ruptures
• Spleen damage requiring removal
• Kidney damage
• Lung contusions or pneumothorax
• Internal bleeding
• Bowel and intestinal damage

These injuries often require emergency surgery and can have long-term health consequences. We work with medical experts to document the full extent of internal injuries and their impact on our clients’ lives.

Wrongful Death

When truck accidents claim lives, surviving family members may pursue wrongful death claims. Under Texas law, eligible claimants include:

• Surviving spouses
• Children (both minor and adult)
• Parents (especially if no spouse or children exist)
• Estate representatives

Wrongful death damages may include:

• Lost future income and benefits
• Loss of consortium (companionship, care, guidance)
• Mental anguish and emotional suffering
• Funeral and burial expenses
• Medical expenses incurred prior to death
• Pain and suffering experienced by the decedent before death
• Punitive damages in cases of gross negligence

We’ve represented Austin families who lost loved ones in trucking accidents, helping them navigate the legal process while they grieve.

Who Can Be Held Liable in Austin Trucking Accidents?

Trucking accidents often involve multiple liable parties, each of whom may have contributed to the crash:

The Truck Driver

Drivers can be held personally liable for:

• Speeding or reckless driving
• Distracted driving (cell phone use, texting)
• Fatigued driving beyond legal limits
• Impaired driving (drugs, alcohol)
• Failure to conduct proper pre-trip inspections
• Traffic law violations (running red lights, failure to yield)
• Improper turning or lane changes

We investigate driver history, training records, and behavior at the time of the accident to establish liability.

The Trucking Company (Motor Carrier)

Trucking companies are often the primary defendants because they have the deepest pockets and most responsibility for safety. They can be held liable through:

Vicarious Liability (Respondeat Superior):

• The driver was an employee (not independent contractor)
• Acting within the scope of employment
• Performing job duties when the accident occurred

Direct Negligence:

• Negligent Hiring: Failed to check driver’s background, driving record, or qualifications
• Negligent Training: Inadequate safety training on hours of service, cargo securement, etc.
• Negligent Supervision: Failed to monitor driver performance and compliance
• Negligent Maintenance: Failed to maintain vehicles in safe condition
• Negligent Scheduling: Pressured drivers to violate hours of service regulations

Our firm includes a former insurance defense attorney who understands how trucking companies try to avoid liability. We know their tactics and how to counter them.

Cargo Owner/Shipper

The company that owns the cargo and arranged for its shipment may be liable for:

• Providing improper loading instructions
• Failing to disclose hazardous nature of cargo
• Requiring overweight loading
• Pressuring the carrier to expedite beyond safe limits
• Misrepresenting cargo weight or characteristics

We’ve handled cases where shippers failed to properly label hazardous materials or provided inadequate instructions for securing specialized cargo.

Cargo Loading Company

Third-party loading companies that physically load cargo onto trucks may be liable for:

• Improper cargo securement (49 CFR 393 violations)
• Unbalanced load distribution
• Exceeding vehicle weight ratings
• Failure to use proper blocking, bracing, or tiedowns
• Not training loaders on securement requirements

We examine loading procedures, equipment used, and training records to establish liability for cargo-related accidents.

Truck and Trailer Manufacturer

Manufacturers may be liable for design or manufacturing defects in:

• Brake systems
• Steering components
• Suspension systems
• Trailer frames
• Underride guards
• Stability control systems

We’ve handled cases involving defective brake systems that failed on Austin’s hilly roads and inadequate underride guards that didn’t prevent fatal collisions.

Parts Manufacturer

Companies that manufacture specific parts (brakes, tires, steering components) may be liable for:

• Defective brake components
• Defective tires causing blowouts
• Defective steering mechanisms
• Defective lighting components
• Defective coupling devices

We work with engineering experts to analyze failed components and determine if manufacturing defects contributed to the accident.

Maintenance Company

Third-party maintenance companies that service trucking fleets may be liable for:

• Negligent repairs that failed to fix problems
• Failure to identify critical safety issues
• Improper brake adjustments
• Using substandard or wrong parts
• Returning vehicles to service with known defects

We examine maintenance records, work orders, and mechanic qualifications to establish liability for maintenance-related accidents.

Freight Broker

Freight brokers who arrange transportation but don’t own trucks may be liable for:

• Negligent selection of carriers with poor safety records
• Failure to verify carrier insurance and authority
• Failure to check carrier CSA scores
• Selecting the cheapest carrier despite safety concerns

We investigate broker-carrier agreements and selection criteria to determine if brokers contributed to the accident.

Truck Owner (If Different from Carrier)

In owner-operator arrangements, the truck owner may have separate liability for:

• Negligent entrustment of the vehicle
• Failure to maintain owned equipment
• Knowledge of the driver’s unfitness

We examine lease agreements and maintenance responsibility allocations to determine owner liability.

Government Entity

Federal, state, or local government may be liable in limited circumstances for:

• Dangerous road design that contributed to the accident
• Failure to maintain roads (potholes, debris, worn markings)
• Inadequate signage for known hazards
• Failure to install safety barriers
• Improper work zone setup

Government liability is limited by sovereign immunity, and strict notice requirements apply. We’re familiar with the specific procedures for pursuing claims against Texas and Austin government entities.

Evidence Preservation: Why You Must Act Immediately

In Austin trucking accident cases, evidence disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act fast, critical evidence will be lost forever.

The 48-Hour Evidence Preservation Protocol

At Attorney911, we implement an aggressive evidence preservation protocol for every Austin trucking case:

1. Spoliation Letters Sent Within 24-48 Hours

   • Formal legal notice demanding preservation of all evidence
   • Sent to trucking company, their insurer, and all potentially liable parties
   • Creates legal consequences if evidence is destroyed

2. Electronic Data Preservation

   • ECM/Black Box Data: Records speed, braking, throttle position, fault codes
   • ELD Data: Proves hours of service compliance or violations
   • GPS/Telematics: Shows exact route, speed, and location history
   • Dashcam Footage: Forward-facing and cab-facing video evidence
   • Cell Phone Records: Proves distracted driving
   • Dispatch Records: Shows scheduling pressure and route instructions

3. Physical Evidence Collection

   • The truck and trailer themselves (before repair or disposal)
   • Failed or damaged components (brakes, tires, steering parts)
   • Cargo and securement devices
   • Tire remnants if blowout involved

4. Documentary Evidence

   • Driver Qualification File
   • Maintenance and repair records
   • Inspection reports (pre-trip, post-trip, annual)
   • Drug and alcohol test results
   • Training records
   • Insurance policies
   • Safety policies and procedures

5. Scene Documentation

   • Police crash reports
   • 911 call recordings
   • Security camera footage from nearby businesses
   • Accident scene photos and measurements
   • Skid mark analysis
   • Witness statements

Why ECM/Black Box Data Is Critical

Commercial trucks have sophisticated electronic systems that record operational data:

• Speed Before Crash: Proves speeding or excessive speed for conditions
• Brake Application: Shows when and how hard brakes were applied
• Throttle Position: Reveals if the driver was accelerating or coasting
• Following Distance: Calculated from speed and deceleration data
• GPS Location: Confirms route and timing
• Fault Codes: May reveal known mechanical issues the driver ignored

This objective data often contradicts what drivers claim happened. We’ve used ECM data to prove:

• Drivers were speeding when they claimed they weren’t
• Brakes were applied too late to avoid the collision
• Drivers were accelerating when they should have been braking
• Fault codes showed known mechanical issues that weren’t repaired

The Importance of ELD Data

Electronic Logging Devices (ELDs) are federally mandated and record:

• Driver hours of service
• Duty status changes
• GPS location
• Driving time
• Engine power status

ELD data is crucial for proving hours of service violations, which are among the most common causes of trucking accidents. We’ve used ELD data to show:

• Drivers exceeding the 11-hour driving limit
• Drivers operating beyond the 14-hour duty window
• Drivers failing to take required 30-minute breaks
• Drivers falsifying their logs
• Trucking companies pressuring drivers to violate HOS regulations

Why You Need an Austin Trucking Accident Attorney Immediately

If you wait to contact an attorney:

• Black box data can be overwritten in as little as 30 days
• ELD data may be deleted after 6 months
• Dashcam footage is often overwritten within 7-14 days
• Surveillance video from nearby businesses is typically deleted within 30 days
• Physical evidence may be repaired or disposed of
• Witness memories fade quickly
• Trucking companies destroy or “lose” records after receiving notice of potential litigation

We send spoliation letters immediately to put all parties on notice that destroying evidence will result in:

• Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
• Monetary sanctions
• Default judgment in extreme cases
• Punitive damages for intentional destruction

How We Build Your Austin Trucking Accident Case

Our Austin trucking accident attorneys follow a comprehensive investigation process to build strong cases:

Phase 1: Immediate Response (0-72 Hours)

• Accept your case and send spoliation letters same day
• Deploy accident reconstruction expert to scene if needed
• Obtain police crash report
• Photograph your injuries with medical documentation
• Photograph all vehicles before they’re repaired or scrapped
• Identify all potentially liable parties

Phase 2: Evidence Gathering (Days 1-30)

• Subpoena ECM/black box data downloads
• Request driver’s paper log books (backup documentation)
• Obtain complete Driver Qualification File from carrier
• Request all truck maintenance and inspection records
• Obtain carrier’s CSA safety scores and inspection history
• Order driver’s complete Motor Vehicle Record (MVR)
• Subpoena driver’s cell phone records
• Obtain dispatch records and delivery schedules
• Collect all medical records and bills

Phase 3: Expert Analysis

• Accident reconstruction specialist creates crash analysis
• Medical experts establish causation and future care needs
• Vocational experts calculate lost earning capacity
• Economic experts determine present value of all damages
• Life care planners develop comprehensive care plans for catastrophic injuries
• FMCSA regulation experts identify all violations

Phase 4: Litigation Strategy

• File lawsuit before statute of limitations expires (2 years in Texas)
• Pursue aggressive discovery against all potentially liable parties
• Depose truck driver, dispatcher, safety manager, maintenance personnel
• Build case for trial while negotiating settlement from position of strength
• Prepare every case as if going to trial (creates leverage in negotiations)

Damages You Can Recover in Austin Trucking Cases

Texas law allows trucking accident victims to recover both economic and non-economic damages:

Economic Damages

• Medical Expenses: Past, present, and future medical costs
• Lost Wages: Income lost due to injury and recovery
• Lost Earning Capacity: Reduction in future earning ability
• Property Damage: Vehicle repair or replacement
• Out-of-Pocket Expenses: Transportation to medical appointments, home modifications
• Life Care Costs: Ongoing care for catastrophic injuries

Non-Economic Damages

• Pain and Suffering: Physical pain from injuries
• Mental Anguish: Psychological trauma, anxiety, depression
• Loss of Enjoyment: Inability to participate in activities
• Disfigurement: Scarring, visible injuries
• Loss of Consortium: Impact on marriage/family relationships
• Physical Impairment: Reduced physical capabilities

Punitive Damages

In cases of gross negligence or willful misconduct, punitive damages may be available to punish the wrongdoer. Texas caps punitive damages at the greater of:

• (2 × economic damages) + (non-economic damages up to $750,000), or
• $200,000

Punitive damages are awarded when the defendant’s conduct involved:

• Gross negligence
• Willful misconduct
• Conscious indifference to safety
• Fraud (falsifying logs, destroying evidence)

Why Choose Attorney911 for Your Austin Trucking Case?

When you’re facing the aftermath of a catastrophic truck accident, you need more than just a lawyer – you need a legal team with the experience, resources, and determination to take on powerful trucking companies.

25+ Years of Trucking Litigation Experience

Our managing partner, Ralph Manginello, has been fighting for trucking accident victims since 1998. He has:

• Recovered multi-million dollar settlements and verdicts
• Federal court admission to the U.S. District Court, Southern District of Texas
• Experience in BP explosion litigation against multinational corporations
• Deep familiarity with Austin’s trucking corridors, weigh stations, and accident patterns

Insider Knowledge of Insurance Company Tactics

Our team includes a former insurance defense attorney who knows exactly how trucking insurers evaluate, minimize, and deny claims. He spent years working for the other side, so he knows:

• How insurance companies value claims
• How adjusters are trained to lowball victims
• What makes them settle
• How they minimize payouts
• How they deny claims
• The claims valuation software they use

This insider knowledge gives us an unfair advantage in negotiating with insurance companies.

Proven Track Record of Results

We’ve recovered millions for Austin trucking accident victims, including:

• $5+ Million – Logging brain injury settlement
• $3.8+ Million – Car accident amputation settlement
• $2+ Million – Maritime back injury settlement
• $2.5+ Million – Truck crash recovery
• Millions recovered for families in trucking-related wrongful death cases

Our results demonstrate our ability to handle even the most complex trucking cases.

Comprehensive Legal Resources

Trucking cases require significant resources. We have:

• Access to top accident reconstruction experts
• Relationships with leading medical specialists
• Connections with vocational and economic experts
• Experience with complex multi-party litigation
• The financial resources to advance all case costs

Personalized Attention

Unlike large billboard firms that treat you like a case number, we treat our clients like family. You’ll work directly with our attorneys, not case managers or paralegals. We’re available 24/7 to answer your questions and address your concerns.

Contingency Fee Representation

We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. There are no upfront fees or hidden charges. When we win, our fee comes from the recovery, not your pocket.

Bilingual Services

Austin’s diverse community includes many Spanish-speaking residents. Our associate attorney Lupe Peña is fluent in Spanish and provides direct representation without interpreters. We also have bilingual staff members who can assist with communication.

What to Do After an 18-Wheeler Accident in Austin

If you’ve been involved in a trucking accident in Austin, follow these steps to protect your rights:

1. Call 911 – Report the accident and request medical assistance
2. Seek Medical Attention – Even if injuries seem minor, get checked out immediately
3. Document the Scene – Take photos of:
   • All vehicle damage
   • The accident scene (road conditions, skid marks, debris)
   • Your injuries
   • Truck and trailer license plates
   • Trucking company name and DOT number
   • Driver’s license and insurance information
   • Witness contact information
4. Get the Truck Driver’s Information – Name, CDL number, contact information
5. Get the Trucking Company’s Information – Name, DOT number, contact information
6. Do NOT Give Recorded Statements – Insurance adjusters will try to get you to say things that hurt your case
7. Do NOT Sign Anything – Insurance companies may try to get you to sign away your rights
8. Contact an Austin Trucking Accident Attorney Immediately – Evidence disappears quickly in trucking cases

Frequently Asked Questions About Austin Trucking Accidents

What should I do immediately after an 18-wheeler accident in Austin?

If you’re able, take these steps:

• Call 911 and report the accident
• Seek medical attention, even if injuries seem minor
• Document the scene with photos and video
• Get the trucking company name, DOT number, and driver information
• Collect witness contact information
• Do NOT give recorded statements to any insurance company
• Call an 18-wheeler accident attorney immediately

Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Austin has excellent trauma centers like Dell Seton Medical Center and St. David’s Hospital that can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

What information should I collect at the truck accident scene?

Document everything possible:

• Truck and trailer license plates
• DOT number (on truck door)
• Trucking company name and logo
• Driver’s name, CDL number, and contact info
• Photos of all vehicle damage
• Photos of the accident scene, road conditions, skid marks
• Photos of your injuries
• Witness names and phone numbers
• Responding officer’s name and badge number
• Weather and road conditions

Should I talk to the trucking company’s insurance adjuster?

NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.

How quickly should I contact an 18-wheeler accident attorney in Austin?

IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

Who can I sue after an 18-wheeler accident in Austin?

Multiple parties may be liable:

• The truck driver
• The trucking company/motor carrier
• The cargo owner or shipper
• The company that loaded the cargo
• Truck or parts manufacturers
• Maintenance companies
• Freight brokers
• The truck owner (if different from carrier)
• Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

Is the trucking company responsible even if the driver caused the accident?

Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:

• Negligent hiring (hiring unqualified drivers)
• Negligent training (inadequate safety training)
• Negligent supervision (failing to monitor driver behavior)
• Negligent maintenance (poor vehicle upkeep)

What if the truck driver says the accident was my fault?

Texas uses a modified comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.

What is an owner-operator and does that affect my case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

How do I find out if the trucking company has a bad safety record?

The FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:

• CSA (Compliance, Safety, Accountability) scores
• Inspection history and out-of-service rates
• Crash history
• Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on the road.

What is a truck’s “black box” and how does it help my case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to an airplane’s black box. This data can show:

• Speed before and during the crash
• Brake application timing
• Engine RPM and throttle position
• Whether cruise control was engaged
• GPS location

This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.

What records should my attorney get from the trucking company?

We pursue:

• ECM/Black box data
• ELD records
• Driver Qualification File
• Maintenance records
• Inspection reports
• Dispatch logs
• Drug and alcohol test results
• Training records
• Cell phone records
• Insurance policies
• The physical truck and trailer

Can the trucking company destroy evidence?

Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Courts can:

• Instruct juries to assume destroyed evidence was unfavorable
• Impose monetary sanctions
• Enter default judgment in extreme cases
• Award punitive damages

What are hours of service regulations and how do violations cause accidents?

FMCSA regulations limit how long truck drivers can operate:

• Maximum 11 hours driving after 10 hours off
• Cannot drive beyond 14th consecutive hour on duty
• 30-minute break required after 8 hours driving
• 60/70-hour weekly limits

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely.

What FMCSA regulations are most commonly violated in accidents?

The top violations we find:

• Hours of service violations (driving too long)
• False log entries (lying about driving time)
• Brake system deficiencies
• Cargo securement failures
• Drug and alcohol violations
• Unqualified drivers (no valid CDL or medical certificate)
• Failure to inspect vehicles

What is a Driver Qualification File and why does it matter?

FMCSA requires trucking companies to maintain a file for every driver containing:

• Employment application
• Driving record check
• Previous employer verification
• Medical certification
• Drug test results
• Training documentation

Missing or incomplete files prove negligent hiring.

How do pre-trip inspections relate to my accident case?

Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence.

What injuries are common in 18-wheeler accidents in Austin?

Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:

• Traumatic brain injury (TBI)
• Spinal cord injuries and paralysis
• Amputations
• Severe burns
• Internal organ damage
• Multiple fractures
• Wrongful death

How much are 18-wheeler accident cases worth in Austin?

Case values depend on many factors:

• Severity of injuries
• Medical expenses (past and future)
• Lost income and earning capacity
• Pain and suffering
• Degree of defendant’s negligence
• Insurance coverage available

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.

What if my loved one was killed in a trucking accident in Austin?

Texas allows wrongful death claims by surviving family members. You may recover:

• Lost future income
• Loss of companionship and guidance
• Mental anguish
• Funeral expenses
• Punitive damages if gross negligence

Time limits apply – contact us immediately to protect your rights.

How long do I have to file an 18-wheeler accident lawsuit in Austin?

The statute of limitations in Texas is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do trucking accident cases take to resolve?

Timelines vary:

• Simple cases with clear liability: 6-12 months
• Complex cases with multiple parties: 1-3 years
• Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

Will my trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.

Do I need to pay anything upfront to hire your firm?

NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.

How much insurance do trucking companies carry?

Federal law requires minimum liability coverage:

• $750,000 for non-hazardous freight
• $1,000,000 for oil, large equipment
• $5,000,000 for hazardous materials

Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.

What if multiple insurance policies apply to my accident?

Trucking cases often involve multiple policies:

• Motor carrier’s liability policy
• Trailer interchange coverage
• Cargo insurance
• Owner-operator’s policy
• Excess/umbrella coverage

We identify all available coverage to maximize your recovery.

Will the trucking company’s insurance try to settle quickly?

Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.

Contact Austin’s Trusted 18-Wheeler Accident Attorneys

If you or a loved one has been injured in a trucking accident in Austin, don’t wait to get the legal help you need. Evidence disappears quickly, and trucking companies have teams working to protect their interests.

Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free consultation.

Our Austin trucking accident attorneys are available 24/7 to answer your questions and start protecting your rights. We offer:

• Free case evaluations
• Contingency fee representation (no fee unless we win)
• Immediate evidence preservation
• Aggressive negotiation with insurance companies
• Trial-ready litigation when necessary

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.

Don’t let the trucking company’s insurance adjusters pressure you into accepting a lowball settlement. Get the experienced legal representation you deserve. Call Attorney911 today.

Remember: Every hour you wait, evidence in your Austin trucking accident case is disappearing. Call 1-888-ATTY-911 now.