Trucking Accident Law in Texas

About Truck Accident

In defining what constitutes a truck accident under Texas trucking laws and regulations, truck accident law firms and personal injury attorneys use their expertise and experience on both the law and court decisions to provide guidance and legal advice to clients. When a person suffers injury or loss from an accident involving a large truck, attorneys are the professionals to consult to get an in-depth understanding of the situation and to know the next course of action to take. This article provides  information about truck accidents in Texas, including what constitutes a truck accident, the various types and causes of truck accidents.

What is a Truck Accident?

A truck accident is a traffic crash involving a truck and other road users, such as other vehicle drivers and pedestrians. Such accidents can be severe, involving multiple road users, and causing property damage. According to traffic crash reports for 2019, over 5,000 large trucks and buses were involved in fatal crashes, with occupants of other vehicles accounting for over 70% of the fatalities. These figures do not account for non-fatal truck accidents and several property damages. This indicates how severe truck crashes can be, especially for other road users.

What Vehicles are Considered Trucks in Texas?

The Texas Transportation Code classifies any vehicle manufactured, used, or designed mainly to transport property as a truck. Clearly, the factor determining if a vehicle is a truck in Texas is if the vehicle’s design or use is majorly for transporting property. However, besides this general classification, Texas trucks are also typically classified by their gross vehicle weight rating (GVWR). Following the GVWR classification, transport vehicles with a GVWR of between 6,000 and 10,000 pounds are light-duty trucks. Transport vehicles with a GVWR between 10,001 and 26,000 pounds and those with a GVWR greater than 26,001 pounds are classified as medium-duty trucks and heavy-duty trucks, respectively. Essentially, trucks in Texas range from SUVs and vans to school buses, fire trucks, big rigs, cement mixers, mobile cranes, and other larger vehicles. 

What is Considered a Commercial Motor Vehicle (CMV) in Texas?

The first step to finding out if a vehicle is a CMV in Texas is to determine if the vehicle is operating intrastate or interstate. Generally, before any vehicle can be considered a CMV in Texas, the vehicle must be a self-propelled or towed vehicle primarily designed or used to transport passengers or cargo on a public highway. However, there are different weight and transportation requirements for vehicles operating intrastate and those operating interstate. Regarding intrastate vehicles, which are vehicles operating within Texas alone, such vehicles must have a gross weight, registered weight, or GVWR of less than 48,000 pounds. In addition, they must meet the following weight or transportation benchmark to be considered a CMV:

• Have a gross weight, registered weight, or GVWR of more than 26,000 pounds; 
• Be designed or used to transport more than 15 passengers, including the driver; or
• Be used to transport hazardous materials in such quantities requiring placarding under the Hazardous Materials Transportation Act.
  
  

Note that farm vehicles and motorcycles are not considered CMVs in Texas, regardless of whether or not they meet the above benchmark.

On the other hand, interstate vehicles, which are vehicles operating between Texas and other states, are only considered CMVs if such vehicles:

• Have a GVWR, gross combination weight rating, gross vehicle weight, or gross combination weight of 10,001 pounds or more, whichever is greater; or 
• Are designed or used to transport more than eight passengers, including the driver, for compensation; or
• Are designed or used to transport more than 15 passengers, including the driver, but not for compensation; or
• Are used in transporting materials found to be hazardous under §5103 of the United States Code and in quantities requiring placarding under Title 49 of the Code of Federal Regulations.

What are Types of Truck Accidents?

Similar to automobile accidents, there are different types of truck accidents in Texas. These include:

• Sideswipe accidents: This type of accident occurs between a truck and other vehicles driving by the side of the truck and in the same direction as the truck. In such cases, the truck driver either loses control or tries to make a side maneuver without properly checking relevant blind spots.
• Jackknife accidents: A jackknife accident is one that leaves a truck’s cab in a 90-degree turn. This usually occurs due to distracted driving, sharp turns, or loss of the truck’s control. Incoming vehicles or vehicles by the side of a truck are likely to get hit in a Texas jackknife accident.
• Rear-end accidents: This is a common truck accident, and it usually involves a truck ramming a car from behind. Texas rear-end accidents are prevalent with trucks since it takes larger trucks longer to slow down than other vehicles. However, such accidents are also dangerous.
• Head-on collisions: This type of accident occurs when a truck driver swerves to the wrong lane and hits incoming traffic. Head-on accidents are potentially fatal or cause very severe injuries.
• T-bone accidents: T-bones typically happen when a truck driver runs a red light or fails to obey traffic signs or regulations and rams into other vehicles moving horizontally.
• Wide turn accidents: These are similar to sideswipe truck accidents, except that wide turn accidents occur when a truck driver intends to briefly swerve to one side so as to turn to the other side properly. An example is a truck driver briefly going right to make a left turn. In some cases, the truck driver hits motorists by the side or loses control of the vehicle entirely, resulting in an accident.
• Rollover accidents: Rollover accidents involve a truck falling entirely by the side. It mostly occurs when the truck driver loses control of the vehicle. However, vehicles on the rollover side are likely to get trapped by the truck, with drivers suffering severe injuries.
• Lost load accidents: Usually due to improper loading or overloading, lost load accidents refer to situations whereby loads in a truck fall out onto the road. Sometimes, these loads fall on vehicles behind or by the side of the truck, leading to loss of control and accidents or outright crushing of the affected vehicle.
• Underride accidents: Generally, larger trucks take a longer time to brake. However, when the braking is sudden, vehicles driving behind may, unfortunately, crash into the truck and sometimes get stuck beneath it. These crash situations are known as underride accidents. 

What are the Most Common Truck Accidents?

Although there are different types of truck accidents in Texas, as illustrated above, some of these accidents are more common than others. The most common truck accidents include:

• Sideswipe accidents;
• Head-on collisions;
• Rear-end collisions;
• Wide turn accidents;
• Jackknife accidents; and
• Rollover accidents.

What are the Common Causes of Truck Accidents in Texas?

There are several causes of truck accidents in Texas, and these range from a driver’s unfamiliarity with road networks to vehicle failure or recklessness from other road users. Nonetheless, below are some common causes of truck accidents in Texas:

• Distraction: This encompasses situations whereby Texas truck drivers do things that disturb their concentration when driving. This can range from changing vehicle climate conditions or radio stations to making phone calls or even texting while driving. Distracted driving, especially among truck drivers, is so common that it occurs across several states in the United States and not just in Texas alone. Per the Federal Motor Carrier Safety Administration (FMCSA), distracted driving accounts for 12% of truck accidents annually.

• Fatigue: Truck drivers in Texas are known to drive long distances and for long hours. The downside of this is fatigue. Due to fatigue, there have been reports of truck drivers dozing off while driving. Additionally, fatigue makes it difficult to maintain concentration levels and negatively affects response time. These issues unavoidably lead to truck accidents, especially rear-end accidents and head-on collisions. Unsurprisingly, it is estimated that 13% of commercial motor vehicle drivers were experiencing fatigue during their crashes. 

• Unfamiliarity with road network and terrain: Truck driving typically requires driving through new terrain. However, there are cases where truck drivers are unfamiliar with a particular terrain, especially the sharp bends and intersections. This consequently leads to a loss of vehicle control and accidents, especially T-bone and rollover accidents.

• Poor environmental and road conditions: These are also common causes of truck accidents. Poor environmental conditions refer to climate conditions that make driving difficult. These include a foggy atmosphere and frozen roads. Besides these poor environmental conditions, poor road conditions also contribute to truck accidents. These include bad roads and a lack of traffic guides or necessary traffic signs. Poor environmental conditions are estimated to cause some 3% of truck accidents.

• Drug and alcohol use: Alcohol negatively affects concentration levels and contributes to reckless decision-making. Notably, the use of alcohol by Texas truck drivers has been indicated as a risk factor for traffic accidents. Despite the dangers, truck drivers sometimes take alcohol or intoxicating substances before or even while trucking. The result of this has been several truck accidents. In 2013, over 1,000 truck drivers who were involved in a fatal crash were tested for intoxicating drugs. 19% of these drivers had at least one intoxicating drug in their system, accounting for a 3% rise from the previous year.

• Vehicle malfunction: While a large number of truck accidents are traceable to the truck driver’s actions or inactions, vehicle malfunctions are also a common cause of such accidents. Such malfunctions include brake failures, tire blowouts, and engine failure. Although Texas truckers and truck companies can reduce vehicle malfunctions through proper maintenance, these malfunctions still account for some 10% of truck accidents annually.

What Is the Average Yearly Number of Truck Accidents in Texas?

Annually, the Texas Department of Transportation (TDT) publishes statistics on traffic accidents across the state. The TDT classifies crash figures under different labels for ease of navigation, such as crashes by vehicle type, county, and date. However, under the available labels, there is no specific statistic for crashes involving trucks generally. There are only statistics on crashes involving commercial motor vehicles (CMVs) and towed trucks or trailers. Essentially, the TDT publishes specific crash statistics involving larger trucks. 

Between 2016 and 2020, there were over 170,000 crashes involving CMVs, accounting for an average of over 35,000 crashes yearly. However, the highest number of crashes occurred in 2019, with the TDT recording 39,255 truck accidents. Similarly, between 2016 and 2020, there were over 198,000 crashes involving towed trucks and trailers, with the year 2019 also experiencing the highest number of crashes. Following these figures, over 39,000 crashes occur on average between towed trucks and trailer drivers, and other road users. Cumulatively, over 74,000 crashes involving large trucks occur annually across Texas. 

How are Truck Accidents Different from Car Accidents?

In many ways, truck accidents are different from car accidents. Particularly, truck accidents are different in three major ways:

• Level of damage: Due to their heavy sizes, speed, and slow braking time, truck accidents usually result in more severe damage than car accidents. Truck weights come to play even in slow-speed collisions, especially when the other vehicle is a passenger vehicle. 

• Financial considerations and liabilities: Due to the level of damage that typically occurs during truck accidents, the extent of economic and non-economic compensations recoverable are usually high. In most cases, victims claim compensation for their damaged vehicle, medical bills, and emotional trauma. Victims of truck accidents especially claim compensation for emotional trauma, a form of non-economic compensation that involves large sums of money if awarded. While victims of average car accidents sometimes claim compensation for emotional trauma, the chances of successfully claiming it are lower than in truck accidents. Even if successful with the claim, the costs awarded are typically lower than in truck accidents.

• Parties involved: In average car accidents, the relevant parties are mostly the victims of the crash and the guilty party. In some cases, the guilty party's insurance company may also come in. However, the relevant parties in truck accidents are usually wider. They include the victim, the truck driver, the trucking company, and the insurance company of either the truck driver or the trucking company. This four-way involvement essentially means more financial considerations and more legal tussle. Parties relevant to a trucking accident may additionally include:

  • The manufacturer of the truck, where the crash was due to vehicle malfunction; 
  • A repair company, where the crash was due to improper repairs; and 
  • Government agencies, where the crash was due to poor road conditions or lack of traffic signages. 
    
    

Other ways in which trucking accidents are different from car accidents also include the government agencies involved and relevant investigations. 

How to Avoid Truck Accidents

Although Texas truck drivers have crucial roles in avoiding trucking accidents, other road users also need to protect themselves. Essentially, it is crucial to learn and understand different tips that can help avoid truck accidents. This is especially necessary for car drivers, as they are likely to suffer more if involved in a trucking accident. 

There are different tips to help avoid truck accidents. However, some of these tips are general, while others are specific to car and truck drivers. Some of the general tips are:

• Ensure to maintain concentration while driving: In 2020 alone, the National Highway Traffic Safety Administration estimates over 3,000 deaths resulting from distracted driving across the country. This figure includes distracted driving crashes and pedestrian hits. The fatalities are even worse for large trucks, as distracted driving accounts for 22,000 large truck accidents annually. Essentially, distracted driving is very unsafe and dangerous. It can even be unsafer on highways where large trucks are likely to pass routinely. Therefore, maintaining concentration while driving is crucial.

• Get enough rest: Annually, fatigued driving remains a leading cause of auto accidents across the country, partly causing one in five deadly crashes. Inadequate rest makes it difficult to maintain concentration, and fatigue can have the same effect as being under the influence of alcohol. To improve response time and maintain high concentration levels, it is essential to always get enough rest before hitting the road.

• Avoid late or early driving: Although truck accidents do occur at any time of the day, they are likely to occur more early in the morning and late at night. These are periods when Texas truck drivers are likely to feel dizzy, and the atmosphere is not lit up enough. Consequently, it is easier to make driving errors during these periods while being unable to see far ahead.
  
  

Other general tips include obeying traffic regulations, such as stopping at a red light and keeping within the speed limit, and always being careful of surrounding drivers.

On the other hand, some of the specific tips relevant to car drivers that can help with avoiding truck accidents include:

• Keep a reasonable distance from the truck in front: It has been noted that trucks are generally heavier and take more time to slow down. Therefore, it can be difficult to realize when a truck ahead is slowing down until it is almost too late. This situation partly leads to underride accidents. 

• Give a clear signal when overtaking: A lot of time, truck drivers are unaware of cars in their blind spots. Cars mostly in a truck’s blind spots are cars trying to overtake the truck. In some cases, while an overtaking is ongoing, truck drivers may not be aware and try changing lanes or making turns. This has led to sideswipe and jackknife accidents. Therefore, when overtaking a truck, never assume the truck driver is aware. Give a clear signal to inform the truck driver. This signal includes honking the car horn or flashing the car’s headlights.

• Do not be eager to overtake: While trucks may seem slow, they can achieve high speeds, especially on clear highways. Therefore, calculate the overtaking chances before attempting one. Do not be eager to overtake a truck and get stuck in a road race while facing oncoming traffic. This can lead to head-on collisions or also result in underride accidents.

• Take extra caution when driving around trucks: Although truck drivers have the responsibility of being extra careful when trucking, it is still crucial for car drivers to take extra caution when driving around trucks. Doing this is particularly necessary, considering truck accidents inflict more damage on cars and car occupants than on trucks and truck drivers.
  
  

Also, specific tips relevant to truck drivers include:

• Always check blind spots;
• Avoid driving when tired;
• Ensure to perform routine checks and maintenance on the truck before driving; and
• Keep a reasonable distance from vehicles in front.

What are the Most Dangerous Roads and Intersections for Truck Accidents in Texas?

According to crash statistics from the Texas Department of Transportation for the 2020 fiscal year, the most dangerous roads and intersections for trucks are those in the Harris County, Dallas County, and Bexar County areas. Overall statistics on auto accidents across Texas indicate that highways in these counties witness the highest number of serious traffic accidents than other counties in the state.

What Texas Law Applies to Truckers and Trucking Companies?

Several laws regulate truckers and trucking companies operating in Texas, particularly federal and state laws. However, the major laws with extensive provisions relating to truckers and trucking companies are the Texas Administrative Code, the Texas Transportation Code, and the Federal Motor Carrier Safety Administration regulations. Cumulatively, these laws and regulations cover:

• Weight and transportation requirements necessary to determine whether a motor vehicle is a truck, CMV, or any other type of automobile;
• Licensing requirements for truckers;
• Hours of service for truckers;
• Records truckers and trucking companies must keep, as well as the inspection of these records;
• Truck registrations; and
• Permits for trucks that are overweight or oversized, among others.
  
  

Accordingly, these laws and regulations contain provisions truckers and trucking companies must first abide by before operating within Texas. Non-compliance with these laws and regulations attracts severe penalties, ranging from revocation of licenses and permits to heavy fines.

What Happens When a Trucker Gets into an Accident?

When truck accidents occur, there is usually an investigation to determine the cause of the crash and which of the drivers involved has the most fault. In cases whereby truckers are at fault for such accidents, various things can happen. The relevant regulatory agency, such as the Texas Department of Transportation, may ensure the suspension or revocation of the trucker’s license. In extreme cases, especially in cases of gross negligence, drunk driving, or working beyond the hours of service, the trucker may also pay heavy fines. Similarly, the relevant regulatory agency may impose penalties on the trucker’s employer for negligence based on the principle of vicarious liability. All of these are from the regulatory standpoint.

From the employer-employee standpoint, the trucker may be fired. However, the decision to fire a trucker after an accident depends on several factors, such as how negligent the driver was, the driver’s track record, and the loss of the company record due to the accident. Whether to fire the trucker or not is ultimately the decision of the trucking company, as they cannot be forced to take action. However, it is noteworthy to mention that not all Texas truck drivers are employees of a trucking or freight company. Some truckers own their trucks and work as independent contractors. Since they are not employees of any trucking company, they cannot be fired. At best, the relevant trucking company may choose not to engage their services anymore.

What is Accident Reenactment by the Highway Patrol?

An accident reenactment refers to the reconstruction of an accident scene to determine how the crash occurred. It is an investigative technique the Highway Patrol and other traffic agencies use to ascertain the at-fault party in a crash and the extent of damage resulting from the crash. Also, data, analysis, and conclusions from accident reenactments can be helpful in truck accident lawsuits.

Who is to Blame for Truck Accidents in Texas?

Finding out who is to blame for a Texas truck accident is usually crucial, especially for victims of the accident and regulatory agencies. Ascertaining liability helps to determine whether to file a lawsuit and claim compensation, who to claim compensation from, and who to take regulatory actions against, amongst other things. Some of the possible at-fault parties in a truck accident include:

• The trucker: Generally, Texas truck drivers are to blame for truck accidents if the accident was due to their negligence or if they did not comply with regulations and traffic rules. Such instances include working beyond the hours of service prescribed by the FMCSA, failing to concentrate, running a red light, driving under the influence, and driving beyond speed limits. However, especially in lawsuits, if a truck driver can demonstrate that the other party was partly at fault, then the party will take some blame too. Essentially, this will reduce the liability of the truck driver. For example, if a truck driver was distracted while driving, but a driver from oncoming traffic swerved into the truck's path and got hit, this driver may be partly liable. Therefore, the courts can reduce the compensation payable by the truck driver.
• Trucking companies: Trucking companies are responsible for supervising their truck drivers and maintaining their trucks. Therefore, they must ensure their drivers are fit to hit the road. If a truck accident results from lapses in the performance of this supervisory role, the trucking company may be held liable. Instances where trucking companies may be liable include when they mandate drivers to work beyond their hours of service or fail to conduct alcohol and drug checks. Furthermore, a trucking company may be liable for a truck accident if they fail to perform background checks on a driver or hire a driver with a bad driving record.
• Truck manufacturers: There are instances whereby a truck accident is due to defects in the vehicle, which is no fault of the truck driver or the trucking company. If proven that this defect results from the truck manufacturer’s negligence, then the truck manufacturer may be liable.
• Other drivers: Texas truck accidents sometimes occur due to distractions or terrible driving from other road users. An example is when a truck driver swerves to avoid a vehicle and hits another vehicle in the process. The driver of the initial vehicle may be partly liable for the accident.
• Government agencies: In cases whereby a truck accident occurs because of terrible road conditions or the absence of traffic signs, the relevant government agency may receive part of the blame for the accident.
  
  

If you or a loved one suffered injuries due to a truck accident, enlisting the services of a qualified truck accident attorney becomes crucial. Such an attorney deals with all aspects of your case and ensures you or your loved one receives fair compensation for any injury sustained. To find the best accident attorneys in Texas, you may visit the state bar association website for the contact information of qualified accident lawyers and law firms in Texas. You may also use the lawyer referral services of local bar associations within your county. A simple google search for keywords such as "truck accident lawyer near me" or "injury attorneys near me" can also provide you with a list of qualified lawyers within your locality.