Every year, thousands of commercial vehicles are involved in accidents on Texas roads and highways. In 2024, there were over 39,000 collisions, many of which resulted in injury or wrongful death. Over 2,600 happened right here in Bexar County. Most of these incidents are caused by traffic congestion or driver error.
Commercial vehicle accidents differ from typical car crashes. The sheer size and weight of large trucks means occupants of other vehicles are at a much higher risk of being injured or even killed. Beyond the physics, these cases involve corporate ownership and commercial insurance policies that can reach into the millions of dollars.
Most commercial vehicle claims resolve through settlement, although a minority go to trial. A settlement is an agreement between the injured party and the at-fault party’s insurance company to resolve the claim for a set dollar amount. In this article, we’ll review common causes of commercial vehicle accidents, types of damages in Texas auto accident cases, and the general guidelines that impact your ultimate settlement amount.
What Is Considered a Commercial Vehicle Under Texas Law?
Under the Texas Transportation Code, a commercial motor vehicle is a self-propelled or towed vehicle used on a public highway to transport passengers or heavy cargo. The vehicle or combination of vehicles must have a gross weight, registered weight, or gross weight rating of more than 26,000 pounds; designed or used to transport more than 15 passengers, including the driver; or be used to transport hazardous materials in a quantity requiring placarding.
While this definition applies to commercial carriers under transportation and safety regulations, many personal injury claims involve vehicles used for business purposes that may not meet these weight or passenger thresholds but are still considered commercial vehicles for liability and insurance purposes.
In personal injury cases, commercial vehicle accidents commonly involve:
- 18-Wheelers and Semi-Trucks: These large tractor-trailers haul freight across state lines or within Texas. They include long-haul carriers transporting goods between distribution centers, retail stores, and manufacturing facilities.
- Delivery Vans: This includes package delivery vehicles operated by Amazon, FedEx, UPS, DHL, and regional carriers making residential and commercial deliveries throughout the day.
- Company Vans and Fleet Vehicles: Common examples include sedans, SUVs, and trucks owned by businesses and driven by employees for sales calls, client visits, service appointments, and other work-related travel.
- Construction Trucks: This category covers dump trucks carrying gravel and debris, cement mixers delivering concrete to job sites, boom trucks, crane trucks, and utility vehicles transporting equipment and materials.
- Oilfield and Industrial Vehicles: This includes tanker trucks hauling crude oil or chemicals, flatbed trailers carrying drilling equipment, service trucks for pipeline maintenance, and heavy-haul vehicles moving oversized machinery across Texas’s oil and gas regions.
The distinction between a commercial vehicle and a personal vehicle turns on how the vehicle is used. A pickup truck driven for personal errands is not a commercial vehicle. The same truck hauling construction materials for a business is.
Similarly, the difference between an independent contractor and a company driver affects liability. Company drivers work directly for an employer who may be held responsible for their actions. Independent contractors operate under their own authority, but the companies that hire them can still face liability for negligent hiring or supervision.
What Determines a Commercial Vehicle Accident Settlement in Texas?
Several factors determine how much your settlement may be worth, and knowing what they are can help set realistic expectations.
Liability and Fault
In commercial truck cases, multiple parties can share blame. The truck driver may have been speeding. The trucking company may have failed to maintain brakes. A cargo loading company may have secured the load improperly. A parts manufacturer may have sold defective tires.,
Texas follows the principle of modified comparative fault with a “50% bar”. This means that a plaintiff can recover damages only if they are 50% or less at fault for the incident. If the plaintiff is found to be over 50% at fault, they are barred from recovering any damages.
This creates high stakes in every negotiation. Insurance companies use this rule as leverage, arguing that you changed lanes without checking mirrors, exceeded the speed limit, or failed to maintain proper distance. Building a strong case means uncovering evidence that shifts fault away from you and onto the commercial driver or company.
Damages
Once fault is established, the next question is what the crash cost you, which is usually linked to injury severity. Texas law divides damages into two categories: economic and non-economic damages.
Economic damages include all calculable financial losses, such as:
- Medical bills for ambulance services, emergency room visits, surgeries, hospital stays, prescription medications, physical therapy, assistive devices, and future medical care.
- Lost wages for time missed from work during recovery. If your injuries prevent you from returning to your previous job, you can claim reduced earning capacity.
- Property damage to cover vehicular repairs or replacement.
Beyond the bills and paychecks, noneconomic damages compensate for losses that don’t come with receipts. For example:
- Pain and suffering addresses physical discomfort and chronic physical pain.
- Emotional distress covers anxiety, depression, and post-traumatic stress.
- Loss of enjoyment of life compensates for activities you can no longer perform, like playing with your children or pursuing hobbies.
Insurance Coverage
The most accurate calculation of damages means nothing if the insurance policy can’t pay it. The FMCSA requires at least $750,000 liability, though most Texas shippers require $1 million. Hazardous material haulers may need up to $5 million. These policy limits create the ceiling for your settlement amount. Even if your damages exceed the policy, you can’t recover more than what’s available unless you pursue other sources.
Fortunately, many large trucking companies carry umbrella or excess coverage that kicks in after the primary policy is exhausted. Some companies self-insure, holding reserves to pay claims directly. Identifying all available insurance is critical because a single crash can involve multiple victims competing for the same policy dollars.
The Commercial Vehicle Accident Settlement Process
As we mentioned earlier, most commercial vehicle accident cases resolve through settlement rather than trial. Here’s a general overview of the legal process.
Initial Investigation
The settlement clock starts ticking from the moment your collision occurs, so once you hire a truck accident lawyer, they will start preserving evidence. Trucking companies must maintain electronic logging devices, black box data, driver logs, maintenance records, and driver qualification files. Without a preservation letter, these records can be overwritten, lost, or destroyed, so your personal injury lawyer will direct the company to save all relevant evidence.
Accident reconstruction usually comes next. Experts can analyze skid marks, vehicle damage, road conditions, and witness statements to determine how the crash happened. Their findings can create an advantage during negotiations by removing any doubt about fault.
Medical Treatment and Documentation
Your personal injury attorney may advise you to wait until you reach maximum medical improvement, which is the point where your condition stabilizes, and doctors can predict your future needs. Settling too early means you might accept $100,000 only to discover you need $200,000 in future surgeries.
Demand Letter and Negotiations
A good demand letter tells the story of your accident and injuries in a clear, organized manner. It will start with a summary of what happened, and then explain the extent of your injuries and all past and ongoing medical treatment. This letter usually includes medical records, bills, wage loss documentation, and expert reports. It concludes with a settlement demand.
The insurance company responds in one of three ways. They might accept the demand, though this almost never happens. They might deny the claim entirely, arguing their insured wasn’t at fault. Most commonly, they send a lowball offer.
Insurance Company Tactics
Claims adjusters often contact accident victims within hours, sometimes while they’re still receiving medical treatment. They create artificial urgency by suggesting that settlement offers expire quickly. They might question your medical treatment, arguing you received too much care or that your injuries aren’t serious. They may also point to pre-existing conditions, claiming your current pain stems from old problems rather than the crash.
This is where legal representation can protect you. Experienced truck accident lawyers recognize these tactics and counter them with solid evidence. When insurers claim you’re exaggerating injuries, your attorney can provide detailed medical records and expert testimony. When insurers argue you’re partially at fault, your attorney can refute it with witness statements and crash reconstruction analysis.
Filing a Lawsuit if Necessary
If negotiations stall, your attorney can file a lawsuit before the two-year statute of limitations expires. Filing doesn’t mean your case goes to trial: it means you’re escalating to protect your rights. Many cases settle during discovery, the pre-trial phase where both sides exchange evidence and take depositions. At this stage, the insurance company should realize that you won’t be lowballed and make a realistic settlement offer.
Common Causes of Commercial Vehicle Accidents in Texas
Commercial vehicle accidents can have a wide range of causes. In these cases, determining causation can also help pinpoint liability.
Driver-Related Causes
Federal regulations limit truck drivers to 11 hours of driving time within a 14-hour work period, with required rest breaks. Despite these rules, fatigue is a leading cause of fatal truck crashes, contributing to up to 40% of all commercial trucking accidents. Drivers also sometimes falsify logbooks or manipulate electronic logging devices to conceal hours-of-service violations.
Distracted driving is another major culprit. Truck drivers frequently glance at their phones (smartphone distraction), adjust GPS systems, or check dispatch messages while controlling 80,000-pound vehicles. Similarly, speeding contributes to many catastrophic truck accidents in Texas, as truck drivers often face tight delivery schedules, pressuring them to exceed speed limits.
Company-Related Causes
Trucking companies sometimes fail to properly train drivers before putting them on the road. Others skip background checks or hire drivers with poor safety records. When businesses impose unrealistic delivery deadlines, drivers cut corners on sleep and speed to make their routes.
Another issue is improper vehicle maintenance. When companies cut corners on inspections and maintenance, key truck parts like steering and brakes can develop problems undetected until it’s too late.
Vehicle-Related Causes
Brake failure is one of the leading causes of truck accidents. This can occur due to wear and tear, improper maintenance, or overloading. Tire blowouts can also happen when companies ignore worn tread, incorrect inflation, or overloaded cargo.
If the load is not adequately secured with straps, chains, or other tie-downs, it can move inside the trailer, especially during sharp turns, sudden braking, or when encountering uneven road surfaces. This shifting cargo can cause trucks to sway, jackknife, or roll over.
The Federal Motor Carrier Safety Administration (FMCSA) and Texas transportation agencies enforce strict rules on driver qualifications, vehicle maintenance, cargo loading, and hours of service. Violations of these regulations become powerful evidence in settlement negotiations because they prove the driver or trucking company broke the law before the crash.
Injuries Commonly Seen in Commercial Vehicle Accidents
When an 80,000-pound truck collides with a 4,000-pound passenger car, the occupants of the smaller vehicle absorb devastating force. This is why occupants of vehicles other than the truck itself are at a much higher risk of being injured or killed.
Common injuries include:
- Traumatic Brain Injuries: When struck by a commercial truck, you may hit your head on the window, side pillars, windshield, or steering wheel. You could also be thrown from the vehicle and hit your head on other objects. Brain injuries range from concussions to hemorrhages and diffuse axonal injuries. The long-term effects can include cognitive impairment, memory loss, personality changes, and chronic migraines.
- Spinal Cord Injuries: The immense force of a truck collision can damage the spinal cord, potentially resulting in partial or complete paralysis. Victims may experience loss of sensation and motor function below the injury site. Herniated discs, fractured vertebrae, and other spinal cord damage cause intense pain and can restrict mobility for years.
- Broken Bones and Crush Injuries: Virtually any bone in the body can fracture during a truck collision. When multiple bones are broken, you may need surgeries, metal plates, and months of recovery time. Crush injuries happen when part of the body is trapped between the vehicle and another object, causing tissue damage, nerve injury, and sometimes amputation.
- Internal Organ Damage: You could experience internal organ damage from broken ribs, shrapnel, or blunt force trauma. Internal bleeding and organ damage can be silent injuries that don’t show symptoms immediately, making them particularly dangerous.
- Burns or Lacerations: Fuel leaks, fires, and vehicle debris can cause severe burns and deep cuts. These injuries tend to require skin grafts, reconstructive surgery, and leave permanent scarring or disfigurement.
Many victims are left with permanent disability that prevents them from returning to their previous employment. Chronic pain becomes a daily reality, and reduced earning capacity can affect families for decades. These long-term consequences directly affect settlement amounts because compensation must account for future medical costs, lost income, and diminished quality of life.
Questions? Speak to a Trucking Accident Lawyer Now
At Texas Law Guns, Injury and Accident Lawyers, we step in when trucking companies or their insurers refuse to pay what victims deserve. We also work on contingency, so you pay nothing unless we win. We’re also known as assertive trial lawyers: When trucking companies see our name on demand letters, they know we’re prepared to go to court if negotiations fail. If you’ve been injured, call (866) 909-1301 to schedule your free consultation today.
Alexander Begum has tried over 50 trials to verdict and tried or settled over $500 million in cases. Alex is a founding shareholder of the Texas Law Gun, Injury and Accident Lawyers.