Truck accident litigation in Dallas
Quick Summary:
Dallas Truck Accident Lawyers: Getting the Compensation You’re Entitled To
What’s Covered on This Page
- The Need for a Texas Trucking Accident Law Firm
- The Steps in the Texas Truck Accident Litigation Process
- Evidence That Is Key to Winning Truck Accident Claims in Dallas
- Who Can Be Sued for a Dallas Truck Accident Claim
- How the Davis Law Firm Can Handle Your Dallas Truck Accident Case
- How is a truck accident case different from a regular car accident claim in Dallas?
- What should I do immediately after a truck accident on a Dallas highway like I-35E or I-30?
- How long does truck accident litigation take in Dallas?
- What evidence is most important in a Dallas truck accident case?
- Will my truck accident case go to trial or settle?
- Can multiple parties be held responsible for my truck accident in Dallas?
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The Need for a Texas Trucking Accident Law Firm
A truck accident is not a car accident. There is a world of difference between the two. I am experienced in trucking litigation here in Dallas, and the key distinctions between these accidents are immediately apparent upon my first inspection of the scene. A truck is bigger. The damages are more catastrophic. And there are more potential defendants seeking to shift the blame.
Picture the roadways in Dallas every day. I-35E, I-30, I-635; thousands of 18-wheelers driving through the busiest highways in America. According to the Texas Department of Transportation, there are thousands of trucking accidents in the Dallas-Fort Worth area every year, accounting for a large percentage of all truck-related fatalities in Texas. The sheer amount of commercial trucks that drive through here is something that most people simply aren’t aware of, until they get hit.
So why not just file a standard personal injury suit? It won’t work for a trucking case; there are too many components involved in that type of suit. There are federal rules and regulations that apply to these cases, specifically FMCSA regulations regarding hours of service, driver qualification files, vehicle maintenance, and cargo securement. There are also policies and procedures the trucking company might have, beyond what the federal or state laws might dictate. Then there is the whole issue of insurance, and many truck accidents will involve multiple insurance companies with policy limits that will far exceed a standard auto insurance policy. It’s imperative that every facet is properly litigated, otherwise you are not going to receive all you are due.
We have seen this repeatedly. A person comes to us after a truck crash near the Stemmons Freeway or the trucking yards in South Dallas. They need to recover from massive injuries. Meanwhile, a trucking company has already assigned someone to their accident and their defense team has started working the scene, before the ambulance has pulled up. It’s the truth; trucking companies have teams who are prepared to respond to any accidents, and it is not to look out for the other person involved. This is a company that is focused on their bottom line.
Trucking cases in the DFW area can be complex because of where Dallas is situated in the United States. Dallas is right in the middle of a major distribution system in this nation, which means you might have a truck driver from out of state, a trucking company based in another area, a cargo company based in yet another place, and other factors. They can all have some level of negligence, and they can all blame each other. Figuring out that puzzle requires specific legal knowledge; there are legal documents you might need to have subpoenaed, expert witnesses that you will require, and electronic data that you will want to save before it disappears. These are the things that my law firm does every day.
The Steps in the Texas Truck Accident Litigation Process
For most people, filing a lawsuit is something they have never done. That’s perfectly fine. But this is how the process of truck accident litigation works in the State of Texas. If you need to file a trucking accident claim in Dallas, here is how we will help you make sense of the situation.
We first conduct our own investigation. This needs to be done immediately. This involves obtaining the police report, getting the truck driver’s logbooks, and writing a preservation demand letter to the trucking company to that they don’t destroy the truck’s GPS history, dashboard video, or electronic control module data. I’ve had companies attempt to “lose” evidence just days after a crash. We worked on a case near Oak Cliff where the carrier attempted to purge the driver’s logs before we could serve them. Fortunately, that didn’t end well for them.
Once you have this information, we start the demand phase by gathering your medical documentation, records of lost work time, and details on how the crash has disrupted your life. We then make a demand for compensation to the insurance company. Occasionally they will make a good initial offer, however it usually isn’t the case. So we file suit. This entails drafting and filing a petition, serving the defendants, and beginning the discovery process. In discovery, the two sides provide documents, take depositions and retain expert witnesses. Almost every truck accident case we handle requires an accident reconstructionist and a trucking industry expert who can explain what the driver or trucking company did wrong.
During the discovery phase, we take the depositions of the truck driver, safety director, and sometimes the company maintenance personnel. Nine out of 10 times, the trucking company is admitting its own fault by producing the records in question. Discovery leads to the mediation process in many cases. Mediation means getting both sides to Dallas to discuss settlement terms with a neutral third party. Many cases are settled at mediation. Sometimes, though, the trucking insurance company makes a settlement offer that insults you. If this happens, we’re prepared to take your truck accident case to trial.
Trial means picking a jury, making opening statements, questioning witnesses, and presenting closing arguments. Our trial team has tried truck accident cases in many Dallas County courts and knows what the local jury pool expects. They want honesty, proof, and accountability.
These stages take anywhere from several months to over one year. Each case is different. However, you’ll have a full sense of what’s happening at each stage because we don’t go radio silent on our clients. You’ll know when you can reach us directly.
Evidence That Is Key to Winning Truck Accident Claims in Dallas
We don’t sugarcoat things with our clients. Evidence is fleeting and the trucking company knows this and has a plan to investigate your accident. They typically have their own investigators sent to the crash scene within hours of the accident. If you aren’t diligent in pursuing the evidence yourself before you leave the hospital, you run the risk of missing out on evidence that you need to recover the compensation you deserve.
One of the most critical types of evidence we can locate and recover on your behalf is the truck’s electronic logging device, known as the ELD. The ELD provides detailed data on how many hours the driver spent driving and whether the driver had violated the Federal Motor Carrier Safety Administration’s driving limits, which limit commercial truck drivers to 11 hours of driving in a day following 10 consecutive hours off duty. We often find violations of federal ELD driving standards in truck accident cases. The data we can obtain from the ELD provides a factual and concrete determination of whether the truck driver was pushing the legal driving limits when the truck crashed into you on I-35E in the Design District area.
Another piece of evidence that the trucker will try to prevent you from obtaining on your own is the truck’s event data recorder. This is similar to the black box on an airplane and will give specific details about the speed, braking and steering of the truck in the seconds just prior to the crash. Nine times out of 10, the information provided by the EDR will demonstrate exactly what the trucking company was trying to keep you from knowing about the crash.
And our team doesn’t skip other critical records. We request maintenance logs, pre-trip inspection reports, and even cargo loading paperwork. Did a tire blowout lead to an 18-wheeler rollover on Interstate 30? We will be looking into when the tire was last checked. Did shifting cargo lead to a trailer jackknife? We will be looking at the loading manifest and weigh station logs. Those records tell us if the trucking carrier was cutting corners.
Driver qualification files matter as well. Drug and alcohol testing results, previous training records, past safety violations. The same driver working on Dallas area highways might have had previous violations they chose to overlook. Negligent hiring, and that makes the company a target for a lawsuit.
Finally, we will review all surveillance video from surrounding businesses and dashcam video, and even pull cell phone records. We’ve been able to obtain gas station security video from along the Harry Hines corridor which altered the entire course of a case for a client. Our staff will know exactly where to look for all such records, before it gets destroyed or deleted. So once you’ve been struck by a large truck in Dallas, you’ve got to move fast and collect it all.
Need help with truck accident litigation?
Call now for a Free Case Evaluation. The Davis Law Firm is ready to help.
Who Can Be Sued for a Dallas Truck Accident Claim
Most people are surprised to find that the actual truck driver isn’t the only one who can be sued. It happens all the time. Clients will call us following an 18-wheeler accident on I-35E near the Design District and say, “A truck crashed into my car. There will be one defendant, right?” The answer is “no.” The commercial trucking industry has multiple companies associated with every truck traveling Dallas roads, and sometimes multiple defendants might all be at fault for injuries that were suffered in an accident.
The driver might be one defendant if there’s evidence to support it. Perhaps they were tired, inattentive, driving too fast for conditions, driving around the downtown area. Maybe the trucking employer is another defendant. Did they fail to perform proper pre-employment drug screening? Did they require that driver to work more hours than the federal rules allow? Did they fail to make the truck safe? That’s all part of what we call vicarious liability.
Or perhaps the cargo loading company is also a defendant. Did improperly packed cargo lead to an 18-wheeler rollover? One of our past cases was an overturned semi-trailer near Oak Cliff where the cargo was not balanced correctly. That could lead to a lawsuit against the company that loaded the trailer, who was not even at the driving wheel.
You may also have an action against the repair company that was contracted by the trucking carrier to fix and service the semi-truck. A lot of trucking companies hire repair companies to do the brake service and tire changes and tune ups. If the mechanic signs off on faulty brakes, a lawsuit is against the garage. The supplier of the part that failed may also be liable.
Sometimes a city, county or state entity will also be named as a defendant. A Dallas truck accident might have been caused in whole or in part by bad road markings, inadequate signage, or poorly-designed roadwork. Although driver factors only account for approximately 87 percent of the accidents according to the Federal Motor Carrier Safety Administration, our team still looks at every aspect. For consumers navigating complex liability claims involving hazardous cargo or environmental contamination from a crash, resources like the Citizen’s Guide to EPA’s Superfund Program can help explain how federal agencies respond to dangerous spills and contamination events tied to commercial vehicle accidents. That means who hired them, who loaded the trailer, who maintained their brakes, and who owned the freight. Think your case might involve more than one party? Call us; it likely does.
How the Davis Law Firm Can Handle Your Dallas Truck Accident Case
It can be overwhelming right now, so we’ll walk you through exactly what to expect so you aren’t caught off guard. Our first step is a free consultation where we’ll learn the details of your case, ask what kind of evidence you may already have, and tell you in all honesty if you have a viable claim. Again, if you’re like 90 percent of our clients, there’s definitely more to it than you may be aware of. If we don’t think we can help, we’ll let you know right then and there. But if there is a claim, we want to help.
Then we immediately send preservation letters to the trucking company and other involved parties so we can begin collecting evidence before it’s gone. We’ve seen countless truck accidents (like the ones that happen when trucks leave I-30 in Dallas right before the Deep Ellum exit) where the trucking company quickly tries to get rid of critical documents like electronic logging data, driver qualifications, and maintenance records.
We’ll then build your case as if it’s a trial. Every time. We’ll hire accident reconstructionists, obtain your black box data, obtain all your medical records, and work with you and your doctors to determine how serious your injuries are and what you may need in the future. During this whole process, we’ll keep you in the loop on what is happening, and you will speak directly to the attorney handling your case every step of the way.
The whole process can take anywhere from several months to over a year. We’ll also never rush to settle your case; if we do so, the insurance company will simply see it and start lowballing you again and again. Most cases don’t end in court, but if a jury needs to see it and decide it, we have the experience to take it there in Dallas County. Call us today to discuss your case with an attorney and get some insight. Your first consultation is completely free.
Frequently Asked Questions
Common questions about truck accident litigation services in Dallas
How is a truck accident case different from a regular car accident claim in Dallas?
Truck accident cases involve far more complexity than standard car accident claims. Federal FMCSA rules apply, multiple defendants can share blame, and insurance policies are much larger. Dallas sits in a major national distribution corridor, so you may face a driver from out of state, a carrier based elsewhere, and a cargo company all pointing fingers at each other. You need someone who knows how to untangle that.
What should I do immediately after a truck accident on a Dallas highway like I-35E or I-30?
Get medical help first, then contact a truck accident attorney as fast as possible. Trucking companies send response teams to accident scenes quickly — sometimes before the ambulance leaves. Evidence like GPS data, dashboard video, and driver logs can disappear within days. The sooner your attorney sends a preservation demand letter, the better your chances of keeping that evidence safe.
How long does truck accident litigation take in Dallas?
Most truck accident cases in Dallas take several months to over a year to resolve. The process moves through investigation, demand, filing suit, discovery, and often mediation before any settlement or trial. Every case is different depending on how many defendants are involved and how quickly evidence is gathered. You will be kept informed at every stage so you always know where things stand.
What evidence is most important in a Dallas truck accident case?
The most valuable evidence includes the truck’s electronic control module data, GPS history, dashboard camera footage, and the driver’s logbooks. These records can prove hours-of-service violations or poor vehicle maintenance. We have seen carriers in areas like Oak Cliff try to purge driver logs before being served. Acting fast to preserve this data is one of the most important things your attorney can do.
Will my truck accident case go to trial or settle?
Most truck accident cases in Dallas settle before trial, often during mediation. Both sides meet with a neutral third party to discuss terms. However, if the trucking company’s offer is too low, your case can go to trial in Dallas County court. Our trial team knows what local juries expect — honesty, clear proof, and accountability. We are ready to go either way.
Can multiple parties be held responsible for my truck accident in Dallas?
Yes, and that is common in Dallas truck accident cases. The truck driver, the trucking company, a cargo loader, or even a maintenance contractor can all share fault. Each party may have its own insurance policy and legal team. Identifying every responsible party matters because missing one could mean leaving money on the table. This is why thorough investigation from the start is so important.
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