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The Definitive Guide to Commercial Truck Accidents in Texas: What Every Victim Must Know
The sheer size and weight of commercial trucks make them uniquely dangerous on Texas roadways. According to the National Highway Traffic Safety Administration, commercial truck accidents injured 151,000 people and killed another 4,951 in 2018 alone. If you or a loved one has been injured in a collision with a big rig, dump truck, cement mixer, or any other commercial vehicle, you are facing a legal battle of immense complexity. The insurance companies representing these trucking firms are already building their defense, leveraging teams of adjusters and attorneys to minimize your claim. At Attorney911—The Manginello Law Firm, PLLC—we are Houston’s Legal Emergency Lawyers™, and we have spent over 25 years fighting for Texans who have been catastrophically injured. This guide is not just information; it is your strategic blueprint for navigating the aftermath of a commercial truck accident and securing the full compensation you are legally entitled to under Texas law.
What Is a Commercial Truck Accident? Understanding the Legal Definitions
A commercial truck accident is any collision where one of the vehicles involved is designated as a commercial vehicle, meaning it is titled or registered to a company for business purposes. In Texas, commercial classifications are primarily determined by weight. The Texas Transportation Code defines commercial motor vehicles as those with a gross vehicle weight rating (GVWR) of 26,001 pounds or more, those designed to transport 16 or more passengers (including the driver), or those used to transport hazardous materials. Common examples you see every day on I-10, I-45, and the 610 Loop include:
- Big Rigs & 18-Wheelers (Tractor-Trailers)
- Dump Trucks
- Cement Mixers
- Garbage Trucks
- Delivery Trucks (FedEx, UPS, Amazon)
- Tow Trucks
- Box Trucks and Moving Vans
The critical legal distinction is that these vehicles are almost always owned by corporations, not individuals. This changes everything about your claim. You are not dealing with a single driver’s auto insurance policy. You are up against a commercial fleet’s insurance, which is backed by a company with deep pockets and a legal department trained to protect its bottom line. Furthermore, multiple parties can be held liable under legal doctrines like respondeat superior (employer liability for employee actions) and vicarious liability. This means we can pursue the driver, the trucking company, the cargo loader, the vehicle manufacturer, or even the government entity responsible for road maintenance. Ralph Manginello’s 25+ years of experience in federal and Texas state courts, including complex litigation like the BP Texas City explosion cases, is essential for untangling this web of liability and identifying every source of compensation for you.
Who Pays My Hospital Bills After a Commercial Truck Accident in Texas?
This is one of the most immediate and stressful concerns for victims. The hard truth, as outlined in our video, is that you are generally responsible for paying your own medical bills as you incur them. Even if the truck driver is blatantly at fault, Texas law does not require them or their insurance company to pay your bills on an ongoing, as-you-go basis. The system is designed to resolve payment through a final settlement or verdict. This creates a devastating financial gap for families. You will receive treatment, and the bills will start arriving at your home while you are unable to work.
Your own health insurance is your first line of defense. Since health insurance is a contract for care—not a liability program like auto insurance—most plans must cover your treatment regardless of fault. Additionally, if you have Personal Injury Protection (PIP) coverage as part of your Texas auto policy, it should provide some immediate funds for medical expenses and lost wages, typically up to your policy limits, regardless of who caused the crash. However, using these benefits triggers subrogation—your insurance company’s right to be reimbursed from your eventual settlement. This must be negotiated strategically.
Do not be surprised if the at-fault party’s insurance company contacts you quickly with a “low-ball” settlement offer. This is a calculated tactic. They know you are vulnerable, in pain, and worried about bills. They offer a sum that seems helpful but is a fraction of what your case is truly worth. Accepting it closes your case forever, forfeiting your right to seek compensation for future medical needs, ongoing pain, or lost earning capacity. As client Donald Wilcox experienced, other firms turned him away, but when he came to Attorney911, we fought until he received a “handsome check.” To be fully reimbursed for all your expenses—past medical bills, future care, lost wages, pain and suffering, and more—you must retain an experienced commercial truck accident attorney. The compensation you deserve comes through a meticulously negotiated settlement or a personal injury lawsuit, not from an insurance adjuster’s first phone call.
Will My Insurance Company Refuse to Pay My Claims? Navigating the System
Victims are often caught between multiple insurance companies: their own health insurer, their auto insurer (for PIP or UM/UIM coverage), and the trucking company’s massive liability insurer. Confusion is rampant. Let’s clarify: Your health insurance should not refuse payment for necessary treatment related to the accident. If they do, it may be a bad faith insurance practice under the Texas Insurance Code, and we can intervene. Your auto insurer is obligated to honor your PIP coverage if you have it.
The real danger comes from the trucking company’s insurer. They have one goal: to pay as little as possible. They will look for any reason to deny or minimize liability. They may argue you were partially at fault (Texas follows a modified comparative fault rule under Texas Civil Practice & Remedies Code § 33.001, meaning you cannot recover if you are found 51% or more at fault). They will scour your medical history for pre-existing conditions. This is where having Lupe Peña on your side is an unparalleled advantage. Lupe spent years working at a national defense firm, learning firsthand how these large insurance companies value claims, select IME doctors, and build arguments to reduce payouts. “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney,” Lupe notes. “Here’s the truth: Insurance companies take innocent activity out of context… They’re not documenting your life—they’re building ammunition against you.” With Attorney911, you have a former insider fighting for you, anticipating their every move.
When Should I Contact a Commercial Truck Accident Lawyer? The Answer Is NOW.
The sequence of actions after a crash is critical. First: seek immediate medical attention. Your health is paramount, and this documentation creates the foundation of your claim. Second: contact a commercial truck accident lawyer. In fact, we recommend calling 1-888-ATTY-911 from the hospital if possible.
You should never give a recorded statement to the trucking company’s insurance adjuster. They are trained in strategies to minimize your injuries. They will ask leading, manipulative questions designed to get you to admit fault, downplay your pain, or contradict yourself later. As the transcript warns, a friendly adjuster is not your friend. Their job is to settle your claim quickly and cheaply before you understand its full value. When you hire Attorney911, we handle all communication with insurance companies. We protect you from these traps while we immediately launch our own investigation. Evidence disappears fast: surveillance footage from nearby businesses is often deleted after 30 days; the truck’s electronic control module (ECM or “black box”) data can be overwritten; and witnesses’ memories fade. Our team, including paralegal Leonor who is praised by clients like Stephanie Hernandez for taking “all the weight of my worries off my shoulders,” moves swiftly to preserve every piece of evidence. We send spoliation letters, secure the truck’s maintenance records, and analyze driver logs for violations of Federal Motor Carrier Safety Administration (FMCSA) hours-of-service rules. This proactive investigation is what turns a denied claim into a multi-million dollar settlement, like our result for a client who suffered a catastrophic brain injury from a falling log at a logging company.
How Long Does It Take to Get a Settlement? The Real Timeline for Justice
We understand the anxiety. The medical bills are piling up, you may be out of work, and the pressure to settle is immense. However, in commercial trucking cases, a quick settlement is almost always a low settlement. Insurance companies want you to settle before you reach maximum medical improvement (MMI), before the full extent of your permanent disabilities is known, and before an attorney can uncover all the facts. If you settle prematurely, you may sign away your right to future compensation for surgeries, therapy, or lost earning capacity you haven’t yet discovered you’ll need.
These claims are inherently more complex and take longer to resolve than standard car crashes. We are often dealing with interstate commerce regulations, multiple corporate defendants, and high insurance policy limits. Most serious injury cases take anywhere from 12 to 24 months, sometimes longer if litigation is necessary. While 95% of cases settle before trial, at Attorney911, we prepare every single case as if it is going to trial. This posture gives us tremendous leverage in negotiations because the insurance companies know we are not bluffing. We have the federal court experience (U.S. District Court, Southern District of Texas) and the trial-ready resources to take your case to a jury. As client Jamin Marroquin said of Ralph Manginello, he was “tenacious, accessible, and determined throughout the 19 months” of his case. We invest the time because it is what secures life-changing results, like the multi-million dollar settlement for a client whose leg amputation followed a car accident and subsequent infection.
Why Attorney911 Is Houston’s Choice for Commercial Truck Accident Victims
Choosing the right legal team is the most important decision you will make after a catastrophic truck accident. Attorney911 is different. We are not a settlement mill. We are a boutique litigation firm with a proven record of taking on—and beating—massive corporations and their insurers.
- Decades of Experience & Federal Court Authority: Managing Attorney Ralph Manginello has been practicing since 1998 and is admitted to the U.S. District Court for the Southern District of Texas. He has been involved in landmark litigation, including the BP Texas City explosion cases, proving we have the resources and skill to battle billion-dollar entities.
- Insider Insurance Knowledge: Our firm includes former insurance defense attorney Lupe Peña. He knows the exact tactics, valuation software (like Colossus), and strategies insurers use because he used them himself. This is your unfair advantage.
- Multi-Million Dollar Results: Our documented case results speak to our commitment. We have secured multi-million dollar settlements for brain injuries, amputations, wrongful death, and maritime injuries. We are currently litigating a $10 million lawsuit against the University of Houston and a fraternity, demonstrating our willingness to fight complex, high-stakes battles.
- Client-Centered Communication: With 251+ Google reviews averaging 4.9 stars, our clients consistently praise our communication and personal care. As client Chad Harris said, “You are FAMILY to them.” Our paralegals, like Leonor and Leo, are mentioned by name dozens of times for their dedication and responsiveness.
- Texas Roots, Statewide Service: We are proud Texans, born and raised. Ralph grew up in Houston’s Memorial area, and Lupe is a third-generation Texan from Sugar Land. We serve clients across the state from our offices in Houston, Austin, and Beaumont. Hablamos Español—all consultations are available in Spanish with Lupe or our bilingual staff.
- Contingency Fee—No Risk to You: We work on a contingency basis (33.33% before trial, 40% if we try your case). You pay nothing upfront, and you owe us nothing unless we win compensation for you. We advance all case costs.
If you’ve been injured in a commercial truck accident in Houston, San Antonio, Dallas, Austin, Beaumont, or anywhere in Texas, do not face this alone. The insurance company already has its team. You need yours. Call the legal emergency line at 1-888-ATTY-911 for a free, no-obligation consultation. Let us protect your rights, your future, and your family’s well-being.
Frequently Asked Questions About Texas Commercial Truck Accidents
What if the accident was partially my fault? Can I still recover compensation?
Yes, potentially. Texas follows a “modified comparative fault” rule (Texas Civil Practice & Remedies Code § 33.001). If you are found to be 50% or less at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. If you are found 51% or more at fault, you are barred from recovery. Determining fault is a complex legal and factual analysis—never admit fault to an adjuster. Our investigators work to establish the true cause, which often involves truck driver fatigue, improper loading, or vehicle maintenance failures.
What kind of compensation can I seek in a commercial truck accident case?
You may be entitled to both economic and non-economic damages. This includes past and future medical expenses, lost wages and lost earning capacity, property damage, physical pain and suffering, mental anguish, physical impairment, and disfigurement. In cases of egregious negligence or wrongful death, punitive damages may also be available to punish the wrongdoer. We work with economists and life care planners to calculate the full, lifelong cost of your injuries.
What if the truck driver was an independent contractor? Who is liable?
Liability can still extend to the company that hired the contractor if we can prove they maintained sufficient control over the driver’s work (the “right of control” test) or if the driver was effectively an employee misclassified as a contractor. We also investigate whether the trucking company negligently hired an unsafe contractor. These are complex legal issues that require an attorney with deep experience in the trucking industry’s regulatory framework.
How soon after the accident do I need to take legal action?
Texas has a two-year statute of limitations for personal injury lawsuits (Texas Civil Practice & Remedies Code § 16.003). This means you generally have two years from the date of the accident to file a lawsuit, or your claim is forever barred. However, critical evidence must be preserved immediately. The sooner you call 1-888-ATTY-911, the stronger your case will be. Do not wait.
What makes Attorney911 different from other personal injury firms advertising in Texas?
Three key differentiators: 1. Insider Knowledge: Lupe Peña’s background as a former insurance defense attorney gives us a strategic edge no typical plaintiff’s firm can match. 2. Federal & Complex Litigation Experience: Ralph Manginello’s involvement in cases like the BP explosion and his federal court admission mean we handle cases of utmost complexity. 3. A Record of Multi-Million Dollar Results: We don’t just handle volume; we fight for maximum compensation in serious injury cases, as our documented settlements show. As Houston legend Trae Tha Truth has recommended, you know you’re in good hands.
I can’t afford medical treatment right now. Can you help?
Absolutely. A major part of our service is connecting clients with top-quality medical providers in Texas who are willing to treat on a letter of protection or lien basis. This means you get the care you need now, and the provider is paid from your settlement or verdict. You should not delay treatment due to cost, as gaps in care can be used against you by the insurance company. Call us at 1-888-ATTY-911, and we will help you get the treatment you need.
Frequently Asked Questions
What is considered a commercial truck accident in Texas?
In Texas, a commercial truck accident involves any vehicle with a gross weight rating over 26,001 lbs, designed to transport 16+ passengers, or used for hazardous materials transport—typically titled to a business. This includes 18-wheelers, dump trucks, and delivery vehicles governed by both Texas law and federal FMCSA regulations.
Who pays my medical bills after a commercial truck accident?
Initially, you use your own health insurance and PIP coverage. The at-fault trucking company’s insurer does not pay bills as they come. Full reimbursement for all past and future medical expenses comes from a final settlement or verdict, which is why having an attorney to negotiate or litigate for maximum compensation is critical.
Should I talk to the trucking company’s insurance adjuster?
No. Adjusters are trained to minimize your claim with recorded statements and leading questions. As former defense attorney Lupe Peña warns, they build cases against victims. Let Attorney911 handle all communications to protect your rights and the value of your claim.
How long do I have to file a lawsuit after a truck accident in Texas?
Texas Civil Practice & Remedies Code § 16.003 gives you two years from the accident date to file a personal injury lawsuit. However, evidence must be preserved immediately. Call 1-888-ATTY-911 as soon as possible to begin the investigation and protect your legal rights before deadlines approach.
What if I can’t afford a lawyer for my truck accident case?
Attorney911 works on a contingency fee basis: we advance all costs and only get paid if we win your case (33.33% before trial, 40% if tried). You pay nothing upfront. Our goal is to remove financial barriers so every victim has access to high-quality legal representation against large trucking companies.
Why is Attorney911 uniquely qualified for commercial truck accident cases?
We combine Ralph Manginello’s 25+ years and federal court experience with Lupe Peña’s insider knowledge from working for insurance defense firms. We know how insurers value claims because we’ve been on their side. This, plus our multi-million dollar case results, gives us a decisive advantage for our clients across Texas.
