When my son got in trouble with law enforcement, I turned to O’Connell West for help. Doug and Laurie did an amazing job. They steered us through the process, fought for my son and ultimately his case was dismissed. If you or someone you care about is in trouble, I highly recommend you hire O’Connell West.
Austin Truck Accident Lawyer
A collision with an 18-wheeler is a different kind of crash, and the claim that follows usually involves a trucking company and its insurer, not just another driver. An Austin truck accident lawyer looks at records a car crash rarely involves: driver logs, maintenance files, and the company’s dispatch records.
O’Connell West, PLLC represents people hurt in crashes with 18-wheelers, delivery trucks, and other commercial vehicles, and we handle truck accident claims on contingency, so you owe no attorney’s fees unless we recover compensation for you. Call 512-547-7265 or contact us to talk about what happened.
Why Truck Crash Victims Choose O’Connell West, PLLC
If a trucking company’s insurer will not pay fairly, a claim may need to go before a jury, and our firm is a team of Central Texas trial attorneys. You can also meet with a personal injury lawyer in person at our Austin office to go over the crash report and the carrier’s letters.
Why Truck Accident Claims Are More Complex Than Car Accident Claims
A truck crash claim usually involves more parties, records, and rules than a crash between two cars. The carrier, meaning the company that operates the truck, keeps driver logs and maintenance files, and federal rules set standards those records can be checked against.
Under Section 395.3 of Title 49 of the Code of Federal Regulations (CFR), a driver of a property-carrying truck may drive up to 11 hours within a 14-hour window after 10 consecutive hours off duty, and may not keep driving once 8 hours of driving time have passed without at least a 30-minute break. Maintenance rules in 49 CFR 396.3 require parts and accessories to be in safe and proper operating condition at all times.
Truck Crashes in Travis County
Commercial vehicles share I-35, State Highway 130, and US 183 with Austin commuters. The Texas Department of Transportation’s 2024 commercial vehicle crash report counted 646 crashes involving a commercial motor vehicle in Travis County that year, including 12 fatal crashes that killed 13 people, along with 30 suspected serious injuries.
Who Can Be Held Liable for a Truck Accident in Texas?
More than one party can share responsibility for a truck crash:
- The truck driver: For how the truck was driven, including speed, distraction, and hours behind the wheel.
- The trucking company: For the driver’s conduct on the job and for its own hiring, scheduling, and maintenance decisions.
- Cargo loaders: When a shifting or overweight load contributed to the crash.
- Maintenance shops and parts manufacturers: When a repair or a defective part failed.
Common Causes of Truck Accidents in Austin
Truck crash investigations look closely at causes like these, and each leaves its own records:
| Cause | What it can look like | Records that may show it |
|---|---|---|
| Fatigue and hours-of-service violations | Driving past federal hour limits or without required breaks | Driver logs, dispatch and delivery records |
| Distraction, impairment, and recklessness | Phone use, alcohol or drug use, speeding, or abrupt lane changes | Phone records, police report, dashcam video |
| Improper loading and overweight cargo | Cargo that shifts in transit or exceeds what the truck can safely carry | Loading records, weigh tickets, bills of lading |
| Maintenance and equipment failure | Failed brakes, steering, or wheels that were not kept in safe condition | Inspection and repair records |
Compensation After a Truck Accident
Truck crashes can cause fractures, spinal cord injuries, and traumatic brain injuries, and Section 41.001 of the Texas Civil Practice and Remedies Code covers both economic damages, such as medical bills and lost income, and noneconomic damages, such as physical pain and physical impairment.
Trucks must also carry far more insurance than cars. Under 49 CFR 387.9, a for-hire interstate carrier hauling nonhazardous property in a truck rated at 10,001 pounds or more must carry at least $750,000 in liability coverage.
What to Do After a Truck Accident in Austin
A few early steps can protect both health and evidence:
- Medical care: Prompt treatment documents injuries that may not feel serious at first.
- Photos: When it is safe, pictures of the vehicles, the scene, and the company name and U.S. Department of Transportation number on the truck help identify the carrier.
- Preserved evidence: A written request asking the carrier to save its logs and onboard data, called a preservation letter, can matter early because records are not kept forever.
How Long Do You Have to File a Truck Accident Claim in Texas?
Under Section 16.003 of the Texas Civil Practice and Remedies Code, a personal injury or wrongful death lawsuit generally must be filed within two years after the day the cause of action accrues, with a few exceptions. A Texas claim accrues when the wrongful act causes an injury, which after a truck crash is usually the day of the collision, and the discovery rule, a narrow exception, can push that date back only for injuries that are by nature unlikely to be found in time.
The records that prove a truck claim can disappear much sooner. Under 49 CFR 395.8, a carrier generally must keep a driver’s hours-of-service records for only six months, well inside the two-year filing window.
Austin Truck Accident FAQs
Do I Need a Lawyer After a Crash With an 18-Wheeler?
No law requires one. With a carrier, its insurer, and other companies involved, a lawyer can help sort out who may be responsible before the deadline passes.
What If the Trucking Company Says the Crash Was My Fault?
A carrier may argue that a car cut in front of the truck. In cases covered by Texas’s proportionate responsibility chapter, Section 33.001 of the Texas Civil Practice and Remedies Code bars recovery for a claimant more than 50% responsible, and the damage-reduction rule lowers damages by the claimant’s share, so the truck’s onboard data and driver logs can test that argument.
Who Can File a Wrongful Death Claim After a Fatal Truck Crash?
Under Section 71.004 of the Texas Civil Practice and Remedies Code, the surviving spouse, children, and parents may bring the claim. If none of them files within three calendar months after the death, the estate’s executor or administrator must bring it unless they all ask that it not be brought.
Contact an Austin Truck Accident Lawyer Today
After a crash with a commercial truck, no family should have to face the trucking company alone. You can sit down with O’Connell West, PLLC in person to talk through the crash, and the case costs you nothing in attorney’s fees unless we recover compensation. Call 512-547-7265 or reach us through our contact page today to speak with an Austin truck accident lawyer.
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