What to Know About Suing a Trucking Company for Negligence
Under Texas personal injury law, negligence occurs when a person or entity fails to exercise reasonable care, leading to harm. In trucking accidents, negligence often involves multiple parties, such as the driver, the trucking company, the maintenance provider, or even the manufacturer of the truck or its parts.
Establishing negligence requires proving four key elements: duty, breach, causation, and damages. Truck drivers and companies have a legal duty to follow safety regulations, properly maintain their vehicles, and operate with caution on public roads. When they violate these obligations, serious accidents can occur.
At Tormey & McConnell, we’ve seen firsthand how trucking accidents can cause life-changing injuries and tremendous emotional and financial strain. Our Amarillo, TX truck accident lawyer serves clients throughout Canyon, Dumas, Pampa, Hereford, Childress, and Borger.
We’ll explain how liability is determined, what evidence is crucial, and how our knowledge of personal injury law allows us to fight for compensation on behalf of our clients. Contact us today for more information from experienced personal injury attorneys.
Common Causes of Trucking Company Negligence
Trucking companies are required to follow federal and state safety standards, yet violations happen more often than many people realize.
Fatigue, distracted driving, and improper maintenance are frequent contributors to truck accidents. When companies pressure drivers to meet unrealistic delivery schedules or fail to enforce hours-of-service limits, they place profits above public safety.
Poor hiring practices can also lead to preventable tragedies if unqualified or untrained drivers are allowed behind the wheel. Faulty loading procedures, such as overloading trailers or failing to secure cargo, can make a truck unstable and increase the risk of rollover or jackknife accidents.
Every one of these actions represents a potential breach of care under Texas personal injury law and can serve as grounds for a negligence claim.
How Liability Works in a Trucking Accident
One of the key challenges in these cases is determining who can be held legally responsible. Unlike standard car accidents, truck crashes often involve several layers of liability.
Under Texas personal injury law, both the driver and the trucking company can share responsibility. The company may be liable under the doctrine of “respondeat superior,” which holds employers accountable for the actions of their employees when performed within the scope of employment.
Additionally, companies can face direct liability for their own wrongdoing, such as negligent hiring, inadequate training, or failing to inspect and repair vehicles properly. Maintenance contractors, freight brokers, and manufacturers may also be implicated if their negligence contributed to the accident.
Steps in Filing a Claim Against a Trucking Company
Bringing a claim against a trucking company involves a strategic process built on evidence, documentation, and legal analysis. We work closely with our clients to build strong cases that reflect the full extent of their losses.
In Texas, an injured person typically has two years from the date of the accident to file a personal injury lawsuit. This time frame is known as the statute of limitations. Missing this deadline can prevent recovery entirely, which makes early legal action essential.
Before filing, we investigate all available evidence, including black box data, logbooks, inspection records, and accident reconstruction reports. Once we have a solid foundation, we present a demand to the insurance carrier or file a lawsuit directly in court.
Evidence That Strengthens a Personal Injury Case
Truck accident claims depend heavily on documentation and witness statements. A strong case often includes:
Police reports and crash scene photographs
Electronic logging device (ELD) data showing driver hours and rest periods
Maintenance and inspection logs from the trucking company
Driver employment history and qualification records
Medical reports linking the accident to the client’s injuries
Expert testimony regarding safety violations and accident causation
Collecting this evidence early helps preserve key details that might otherwise be lost or destroyed. In personal injury law, proof is everything, and trucking companies often move quickly to protect their interests after an accident. That is why having a law firm like Tormey & McConnell by your side is so important.
Damages Available in a Texas Trucking Accident Case
Victims of trucking accidents may be entitled to several forms of compensation under Texas personal injury law.
Economic damages cover measurable financial losses such as medical expenses, rehabilitation costs, lost wages, and property damage. Non-economic damages compensate for pain, suffering, emotional distress, and reduced quality of life.
In some instances, punitive damages may also apply if the trucking company’s conduct was especially reckless or willful, such as falsifying safety records or knowingly allowing unsafe vehicles on the road.
We work hard to present evidence that fully captures both the tangible and intangible effects of an accident, helping our clients seek the recovery they deserve.
Comparative Fault in Texas
Texas follows a modified comparative fault rule in personal injury cases, meaning that compensation may be reduced if the injured party shares some responsibility for the accident. However, as long as the injured person is less than 51% at fault, they can still recover damages.
For example, if a jury determines that a client is 10% responsible for the crash, their recovery will be reduced by that percentage. We take great care in presenting evidence that minimizes any potential fault attributed to our clients, strengthening the likelihood of full compensation.
The Importance of Federal and State Regulations
Trucking companies operating in Texas must comply with both state laws and federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA).
These rules govern everything from driver qualifications to vehicle maintenance, cargo limits, and hours-of-service requirements. When companies disregard these safety standards, they not only violate legal duties but also place countless lives at risk.
In our practice, we use personal injury law to hold such companies accountable by demonstrating how their noncompliance directly contributed to the accident. Violations such as falsified logbooks, skipped inspections, or poorly maintained brakes can all serve as critical evidence of negligence.
How Our Firm Approaches Trucking Negligence Cases
At Tormey & McConnell, we believe in personal attention, careful preparation, and steadfast advocacy. We understand that every personal injury case carries profound emotional and financial consequences.
Our focus is always on protecting our clients’ rights and helping them rebuild their futures. We handle communication with insurers, coordinate with medical providers, and prepare every case as though it will go to trial.
This thorough preparation often leads to favorable settlements, but we’re fully prepared to take cases to court when justice demands it. By combining detailed investigation with knowledge of personal injury law, we strive to obtain results that reflect the full measure of our clients’ losses.
Why Acting Quickly Matters
Evidence in trucking accidents can disappear fast. Black box data may be erased, maintenance logs altered, and witnesses may become harder to locate. Acting quickly after an accident allows us to preserve critical information that can make or break a personal injury claim.
Contacting a law firm early also helps prevent mistakes during the claims process, such as providing recorded statements to insurance companies that can later be used against you. We always encourage potential clients to reach out as soon as possible so we can start investigating and protecting their rights.
Holding Trucking Companies Accountable
Trucking companies must be held to high safety standards because they operate some of the largest and most dangerous vehicles on the road. Through personal injury claims, victims have the power to bring about meaningful change, forcing negligent companies to adopt safer practices.
Successful cases not only provide compensation for victims but also serve as a deterrent for future misconduct within the trucking industry. At Tormey & McConnell, we take this responsibility seriously and work tirelessly to secure justice for those who have been wronged.
Reach Out Today
Truck accidents often lead to catastrophic injuries and significant financial losses, but victims have legal options under Texas personal injury law. Suing a trucking company for negligence requires a clear understanding of liability, strong evidence, and a determined advocate willing to pursue every available avenue for justice.
At Tormey & McConnell, we’re dedicated to holding negligent trucking companies accountable and securing meaningful compensation for our clients. By applying our experience in personal injury litigation, we strive to protect victims’ rights and promote safer roads across Texas.
If you or someone you love has been hurt in a trucking accident, we’re ready to stand by your side and pursue justice with commitment and care. We’re proud to serve Amarillo, Texas, and the surrounding areas of Canyon, Dumas, Pampa, Hereford, Childress, and Borger. Contact us today.