A truck accident does not give you time to figure things out. While you are in the emergency room, the trucking company already has investigators at the scene, adjusters reviewing coverage, and defense lawyers building their case against you. They do this because they know what is at stake. You need someone in your corner who knows their playbook and will not back down. At Guardia Law, Attorney Rolando Quesada (Texas Bar No. 24083694) works to get every dollar owed to truck accident victims across Dallas and the surrounding communities, including Mesquite, Garland, Irving, and Fort Worth.

If you or a family member was hit by a commercial truck or 18-wheeler, call (214) 380-4000 now. The consultation is free. Hablamos Espanol.

Why Truck Accidents Are Not Like Car Accidents

People assume a truck wreck is just a bigger version of a car accident. It is not. Truck accident cases involve an entirely different set of rules, players, and stakes. Here is what makes them different.

Federal Regulations Apply

Every commercial motor vehicle operating in interstate commerce is governed by the Federal Motor Carrier Safety Administration (FMCSA) under 49 CFR Parts 382 through 396. These regulations cover everything from how many hours a driver can be behind the wheel to how cargo must be loaded and secured. When a trucking company violates these federal rules and someone gets hurt, that violation can constitute negligence per se, meaning the company is presumed negligent.

Multiple Parties Share Liability

In a car accident, you are usually dealing with one other driver and one insurance policy. In a truck accident, liability can spread across the driver, the trucking company, the cargo loading company, a third-party maintenance provider, and even the manufacturer of the truck or its components. Each party has its own insurer and its own legal team. Sorting through this requires a lawyer who understands the trucking industry.

Catastrophic Injuries

TxDOT estimates the total economic loss from motor vehicle crashes in Texas at $56.9 billion in 2024. A fully loaded 18-wheeler weighs up to 80,000 pounds. A sedan weighs roughly 3,500 pounds. The physics are devastating. Truck accidents produce traumatic brain injuries, spinal cord damage, crushed limbs, severe burns, and death at rates that dwarf standard car collisions.

Higher Insurance Policies

Federal law requires trucking companies to carry a minimum of $750,000 in liability coverage for general freight carriers. Companies hauling hazardous materials must carry $5,000,000. These higher policy limits mean the insurance company has far more to lose and will fight far harder to deny or minimize your claim.

Rapid-Response Defense Teams

Major trucking companies and their insurers deploy accident response teams within hours of a crash. Their job is to document the scene in a way that favors the trucking company, secure evidence before you can access it, and begin building a defense. If you wait weeks to hire a lawyer, you are already behind.

Who Is Liable in a Truck Accident?

Trucking companies have spent decades engineering corporate structures designed to shield themselves from liability. Identifying every responsible party is critical to maximizing your recovery.

The Truck Driver

The driver may be liable for distracted driving, speeding, driving under the influence, fatigue from violating Hours of Service rules, or other negligent conduct behind the wheel.

The Trucking Company

Under the doctrine of respondeat superior, a trucking company is liable for the negligent acts of its employees committed within the scope of employment. Trucking companies also face direct liability for negligent hiring, negligent training, negligent supervision, and negligent entrustment of the vehicle. One of the most common defense tactics is for the trucking company to classify its drivers as independent contractors rather than employees to avoid respondeat superior liability. Texas courts look past the label and examine the actual level of control the company exercises over the driver.

The Cargo Loading Company

Improperly loaded or unsecured cargo causes rollovers, jackknifes, and spilled loads. The company responsible for loading the trailer can be held liable under FMCSA cargo securement standards (49 CFR Part 393).

The Maintenance Company

Many trucking companies outsource vehicle maintenance to third-party shops. If defective brakes, worn tires, or a faulty coupling device caused or contributed to the accident, the maintenance provider shares liability.

The Truck or Parts Manufacturer

If a defective component failed, such as a tire blowout, brake failure, or steering defect, the manufacturer may be strictly liable under Texas products liability law.

FMCSA Regulations Trucking Companies Violate

Federal trucking regulations exist because the industry has proven it will not police itself. When these rules are broken and someone is injured, the violation itself is evidence of negligence.

Hours of Service (HOS)

Drivers are limited to 11 hours of driving time after 10 consecutive hours off duty. They cannot drive beyond the 14th consecutive hour after coming on duty. A 30-minute break is required after 8 cumulative hours of driving. Weekly limits cap driving at 60 hours in 7 days or 70 hours in 8 days. Fatigued driving caused by HOS violations is one of the leading causes of truck accidents nationwide.

Drug and Alcohol Testing

49 CFR Part 382 requires pre-employment drug testing, random testing, post-accident testing, and reasonable-suspicion testing for all CDL holders. Trucking companies that skip required tests or fail to remove drivers who test positive put everyone on the road at risk.

CDL Requirements

Commercial driver’s license requirements include specific endorsements for hazmat, tankers, double/triple trailers, and passenger vehicles. Drivers operating without the proper CDL or required endorsements are operating illegally.

Vehicle Maintenance and Inspection

49 CFR Parts 393 and 396 mandate systematic vehicle inspections, repair, and maintenance programs. Drivers must complete pre-trip and post-trip inspection reports. Companies must maintain records and promptly address identified deficiencies. Deferred maintenance on brakes, tires, lights, and coupling devices kills people.

Cargo Securement

49 CFR Part 393 establishes specific requirements for securing different types of cargo, including minimum tie-down requirements, aggregate working load limits, and blocking and bracing standards. An unsecured load that shifts during transit can cause a driver to lose control in seconds.

Common Truck Accident Injuries

The injuries in truck accident cases are among the most severe in personal injury law.

  • Traumatic brain injury (TBI) — ranging from concussions to permanent cognitive impairment and coma
  • Spinal cord injuries — herniated discs, fractured vertebrae, partial or complete paralysis
  • Crush injuries — trapped occupants suffer severe tissue damage, compartment syndrome, and amputation
  • Burn injuries — diesel fuel fires cause third-degree burns and disfigurement
  • Wrongful death — truck accidents have a fatality rate significantly higher than passenger vehicle collisions
  • Multiple fractures — pelvis, femur, ribs, and facial fractures requiring surgical hardware and prolonged rehabilitation
  • Internal organ damage — lacerated spleen, liver, kidneys, and internal bleeding requiring emergency surgery

These injuries produce massive medical bills, extended inability to work, permanent disability, and profound changes to the victim’s quality of life. The damages in a truck accident case reflect that reality.

Evidence That Disappears Fast

This is why you need a truck accident lawyer on day one, not day thirty.

Electronic Logging Device (ELD) Data

Federal law requires most commercial trucks to use ELDs that record driving hours, on-duty time, and rest periods. Some ELD systems overwrite data within 14 days if it is not preserved. Without a litigation hold letter sent immediately, this evidence vanishes.

Dashcam and Onboard Camera Footage

Many trucks are equipped with forward-facing and cab-facing cameras. This footage is stored on loops that record over themselves. If no one requests preservation, the footage of your crash gets written over by next week’s driving.

Dispatch Records and Communications

Dispatch logs reveal whether a driver was pressured to meet an unrealistic delivery deadline, skip a required rest break, or drive through hazardous weather. Trucking companies have no obligation to preserve these records indefinitely unless they receive a preservation demand.

Driver Qualification File

Every trucking company must maintain a driver qualification file containing the driver’s employment history, road test results, medical examiner’s certificate, MVR, and CDL information. These files reveal patterns of negligent hiring and supervision.

Drug and Alcohol Test Results

Post-accident drug and alcohol testing must occur within specific time windows. If the trucking company delays or skips the test, that evidence is gone permanently, and the reason for the delay matters.

Pre-Trip Inspection Reports

Drivers are required to document vehicle defects before each trip. These reports show whether a known mechanical issue was ignored. Without preservation, they disappear into the company’s routine document disposal cycle.

Under Texas law, a party that destroys or fails to preserve relevant evidence faces spoliation sanctions. The Texas Supreme Court addressed this in Brookshire Bros. v. Aldridge, 438 S.W.3d 9 (Tex. 2014), holding that courts may impose remedies ranging from adverse inference instructions to case-dispositive sanctions when evidence is spoliated. A preservation demand sent by your lawyer on day one creates the legal duty to preserve. Without it, the trucking company can claim routine destruction.

What to Do After a Truck Accident in Dallas

  1. Get medical attention immediately. Your health comes first. Emergency room records also create a documented link between the accident and your injuries.
  2. Call the police. A police report establishes the facts of the accident, identifies witnesses, and may document the truck driver’s violations at the scene.
  3. Do not give a recorded statement. The trucking company’s insurance adjuster will call you quickly. You are not required to give a recorded statement, and anything you say will be used to minimize your claim.
  4. Photograph everything you can. The truck, your vehicle, road conditions, traffic signs, skid marks, debris, and your visible injuries. If you cannot do this yourself, ask someone at the scene.
  5. Contact a truck accident lawyer immediately. The sooner your attorney sends a preservation demand to the trucking company, the more evidence survives. Every day you wait is a day evidence can be destroyed.
  6. Keep records. Medical bills, prescription receipts, pay stubs showing missed work, and a journal of your symptoms and limitations. This documentation supports your claim.

Results We’ve Achieved

$1,067,874.84 — 18-Wheeler Accident / Wrongful Death. A commercial 18-wheeler rear-ended our client’s vehicle, causing catastrophic injuries requiring emergency lumbar surgery. The collision also took the life of her son. We recovered every dollar of available insurance coverage for the family.

$1,000,000 — Commercial Vehicle / Wrongful Death. A commercial vehicle driven by an unlicensed driver rear-ended a car, killing a special needs child and breaking the mother’s back. The company had prior violations with the same vehicle. We recovered full policy limits.

$100,000 — Wrongful Death / Auto Accident. We achieved a wrongful death settlement within 45 days of the firm’s launch. Police initially blamed the victim, but our investigation discovered the driver had been drinking. We challenged the official narrative and established liability.

Past results do not guarantee future outcomes. Every case is different.

Frequently Asked Questions

How long do I have to file a truck accident lawsuit in Texas?

Texas has a two-year statute of limitations for personal injury claims. The clock starts running on the date of the accident. For wrongful death claims, the two-year period begins on the date of death. Missing this deadline means your case is barred permanently. But the real deadline is much shorter than two years, because critical evidence starts disappearing within days.

What is my truck accident case worth?

Every case is different. The value depends on the severity of your injuries, your medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, and whether the trucking company’s conduct supports punitive damages. Cases involving catastrophic injuries, permanent disability, or wrongful death carry significantly higher values due to the long-term impact on the victim and their family.

Can I still recover damages if I was partially at fault?

Texas follows a modified comparative fault rule. You can recover damages as long as you are not more than 50% responsible for the accident. If you are 51% or more at fault, you are barred from recovery. Your percentage of fault reduces your total recovery proportionally. Trucking companies will aggressively argue comparative fault to reduce what they owe you.

What if the truck driver was an independent contractor?

Trucking companies frequently classify drivers as independent contractors to avoid vicarious liability. Texas courts look past the label and examine the actual relationship. If the company controlled the driver’s routes, schedules, methods, and equipment, the driver may be deemed an employee regardless of what the contract says. Even when the independent contractor defense holds, the trucking company may still face direct liability for negligent hiring or negligent entrustment.

Do I need a lawyer for a truck accident claim, or can I handle it myself?

You can handle it yourself the same way you could perform your own surgery. Technically possible. The trucking company will have a team of lawyers, accident reconstructionists, and claims professionals working against you from day one. They will exploit every procedural misstep, every missed deadline, and every unpreserved piece of evidence. Having a lawyer who understands FMCSA regulations, knows how to obtain black box data and ELD records, and has the resources to take the case to trial levels the playing field.

Talk to a Truck Accident Lawyer Now

Trucking companies do not wait. Their billion-dollar systems, technology, and resources are working against you right now. Attorney Rolando Quesada, who has recovered millions for injured clients across Dallas, and Guardia Law protect truck accident victims across Dallas, Mesquite, Garland, and throughout North Texas. We work on a contingency fee, which means you pay nothing unless we recover for you.

Call (214) 380-4000 for a free consultation. Available 24/7. Hablamos Espanol.

Guardia Law, PLLC
6301 Gaston Ave, Ste. 1516
Dallas, TX 75214

Past results do not guarantee future outcomes.

Truck Accident Lawyer in Dallas, Texas

A truck accident does not give you time to figure things out. While you are in the emergency room, the trucking company already has investigators at the scene, adjusters reviewing coverage, and defense lawyers building their case against you. They do this because they know what is at stake. You need someone in your corner who knows their playbook and will not back down. At Guardia Law, Attorney Rolando Quesada (Texas Bar No. 24083694) works to get every dollar owed to truck accident victims across Dallas and the surrounding communities, including Mesquite, Garland, Irving, and Fort Worth.

If you or a family member was hit by a commercial truck or 18-wheeler, call (214) 380-4000 now. The consultation is free. Hablamos Espanol.

Why Truck Accidents Are Not Like Car Accidents

People assume a truck wreck is just a bigger version of a car accident. It is not. Truck accident cases involve an entirely different set of rules, players, and stakes. Here is what makes them different.

Federal Regulations Apply

Every commercial motor vehicle operating in interstate commerce is governed by the Federal Motor Carrier Safety Administration (FMCSA) under 49 CFR Parts 382 through 396. These regulations cover everything from how many hours a driver can be behind the wheel to how cargo must be loaded and secured. When a trucking company violates these federal rules and someone gets hurt, that violation can constitute negligence per se, meaning the company is presumed negligent.

Multiple Parties Share Liability

In a car accident, you are usually dealing with one other driver and one insurance policy. In a truck accident, liability can spread across the driver, the trucking company, the cargo loading company, a third-party maintenance provider, and even the manufacturer of the truck or its components. Each party has its own insurer and its own legal team. Sorting through this requires a lawyer who understands the trucking industry.

Catastrophic Injuries

TxDOT estimates the total economic loss from motor vehicle crashes in Texas at $56.9 billion in 2024. A fully loaded 18-wheeler weighs up to 80,000 pounds. A sedan weighs roughly 3,500 pounds. The physics are devastating. Truck accidents produce traumatic brain injuries, spinal cord damage, crushed limbs, severe burns, and death at rates that dwarf standard car collisions.

Higher Insurance Policies

Federal law requires trucking companies to carry a minimum of $750,000 in liability coverage for general freight carriers. Companies hauling hazardous materials must carry $5,000,000. These higher policy limits mean the insurance company has far more to lose and will fight far harder to deny or minimize your claim.

Rapid-Response Defense Teams

Major trucking companies and their insurers deploy accident response teams within hours of a crash. Their job is to document the scene in a way that favors the trucking company, secure evidence before you can access it, and begin building a defense. If you wait weeks to hire a lawyer, you are already behind.

Who Is Liable in a Truck Accident?

Trucking companies have spent decades engineering corporate structures designed to shield themselves from liability. Identifying every responsible party is critical to maximizing your recovery.

The Truck Driver

The driver may be liable for distracted driving, speeding, driving under the influence, fatigue from violating Hours of Service rules, or other negligent conduct behind the wheel.

The Trucking Company

Under the doctrine of respondeat superior, a trucking company is liable for the negligent acts of its employees committed within the scope of employment. Trucking companies also face direct liability for negligent hiring, negligent training, negligent supervision, and negligent entrustment of the vehicle. One of the most common defense tactics is for the trucking company to classify its drivers as independent contractors rather than employees to avoid respondeat superior liability. Texas courts look past the label and examine the actual level of control the company exercises over the driver.

The Cargo Loading Company

Improperly loaded or unsecured cargo causes rollovers, jackknifes, and spilled loads. The company responsible for loading the trailer can be held liable under FMCSA cargo securement standards (49 CFR Part 393).

The Maintenance Company

Many trucking companies outsource vehicle maintenance to third-party shops. If defective brakes, worn tires, or a faulty coupling device caused or contributed to the accident, the maintenance provider shares liability.

The Truck or Parts Manufacturer

If a defective component failed, such as a tire blowout, brake failure, or steering defect, the manufacturer may be strictly liable under Texas products liability law.

FMCSA Regulations Trucking Companies Violate

Federal trucking regulations exist because the industry has proven it will not police itself. When these rules are broken and someone is injured, the violation itself is evidence of negligence.

Hours of Service (HOS)

Drivers are limited to 11 hours of driving time after 10 consecutive hours off duty. They cannot drive beyond the 14th consecutive hour after coming on duty. A 30-minute break is required after 8 cumulative hours of driving. Weekly limits cap driving at 60 hours in 7 days or 70 hours in 8 days. Fatigued driving caused by HOS violations is one of the leading causes of truck accidents nationwide.

Drug and Alcohol Testing

49 CFR Part 382 requires pre-employment drug testing, random testing, post-accident testing, and reasonable-suspicion testing for all CDL holders. Trucking companies that skip required tests or fail to remove drivers who test positive put everyone on the road at risk.

CDL Requirements

Commercial driver’s license requirements include specific endorsements for hazmat, tankers, double/triple trailers, and passenger vehicles. Drivers operating without the proper CDL or required endorsements are operating illegally.

Vehicle Maintenance and Inspection

49 CFR Parts 393 and 396 mandate systematic vehicle inspections, repair, and maintenance programs. Drivers must complete pre-trip and post-trip inspection reports. Companies must maintain records and promptly address identified deficiencies. Deferred maintenance on brakes, tires, lights, and coupling devices kills people.

Cargo Securement

49 CFR Part 393 establishes specific requirements for securing different types of cargo, including minimum tie-down requirements, aggregate working load limits, and blocking and bracing standards. An unsecured load that shifts during transit can cause a driver to lose control in seconds.

Common Truck Accident Injuries

The injuries in truck accident cases are among the most severe in personal injury law.

  • Traumatic brain injury (TBI) — ranging from concussions to permanent cognitive impairment and coma
  • Spinal cord injuries — herniated discs, fractured vertebrae, partial or complete paralysis
  • Crush injuries — trapped occupants suffer severe tissue damage, compartment syndrome, and amputation
  • Burn injuries — diesel fuel fires cause third-degree burns and disfigurement
  • Wrongful death — truck accidents have a fatality rate significantly higher than passenger vehicle collisions
  • Multiple fractures — pelvis, femur, ribs, and facial fractures requiring surgical hardware and prolonged rehabilitation
  • Internal organ damage — lacerated spleen, liver, kidneys, and internal bleeding requiring emergency surgery

These injuries produce massive medical bills, extended inability to work, permanent disability, and profound changes to the victim’s quality of life. The damages in a truck accident case reflect that reality.

Evidence That Disappears Fast

This is why you need a truck accident lawyer on day one, not day thirty.

Electronic Logging Device (ELD) Data

Federal law requires most commercial trucks to use ELDs that record driving hours, on-duty time, and rest periods. Some ELD systems overwrite data within 14 days if it is not preserved. Without a litigation hold letter sent immediately, this evidence vanishes.

Dashcam and Onboard Camera Footage

Many trucks are equipped with forward-facing and cab-facing cameras. This footage is stored on loops that record over themselves. If no one requests preservation, the footage of your crash gets written over by next week’s driving.

Dispatch Records and Communications

Dispatch logs reveal whether a driver was pressured to meet an unrealistic delivery deadline, skip a required rest break, or drive through hazardous weather. Trucking companies have no obligation to preserve these records indefinitely unless they receive a preservation demand.

Driver Qualification File

Every trucking company must maintain a driver qualification file containing the driver’s employment history, road test results, medical examiner’s certificate, MVR, and CDL information. These files reveal patterns of negligent hiring and supervision.

Drug and Alcohol Test Results

Post-accident drug and alcohol testing must occur within specific time windows. If the trucking company delays or skips the test, that evidence is gone permanently, and the reason for the delay matters.

Pre-Trip Inspection Reports

Drivers are required to document vehicle defects before each trip. These reports show whether a known mechanical issue was ignored. Without preservation, they disappear into the company’s routine document disposal cycle.

Under Texas law, a party that destroys or fails to preserve relevant evidence faces spoliation sanctions. The Texas Supreme Court addressed this in Brookshire Bros. v. Aldridge, 438 S.W.3d 9 (Tex. 2014), holding that courts may impose remedies ranging from adverse inference instructions to case-dispositive sanctions when evidence is spoliated. A preservation demand sent by your lawyer on day one creates the legal duty to preserve. Without it, the trucking company can claim routine destruction.

What to Do After a Truck Accident in Dallas

  1. Get medical attention immediately. Your health comes first. Emergency room records also create a documented link between the accident and your injuries.
  2. Call the police. A police report establishes the facts of the accident, identifies witnesses, and may document the truck driver’s violations at the scene.
  3. Do not give a recorded statement. The trucking company’s insurance adjuster will call you quickly. You are not required to give a recorded statement, and anything you say will be used to minimize your claim.
  4. Photograph everything you can. The truck, your vehicle, road conditions, traffic signs, skid marks, debris, and your visible injuries. If you cannot do this yourself, ask someone at the scene.
  5. Contact a truck accident lawyer immediately. The sooner your attorney sends a preservation demand to the trucking company, the more evidence survives. Every day you wait is a day evidence can be destroyed.
  6. Keep records. Medical bills, prescription receipts, pay stubs showing missed work, and a journal of your symptoms and limitations. This documentation supports your claim.

Results We’ve Achieved

$1,067,874.84 — 18-Wheeler Accident / Wrongful Death. A commercial 18-wheeler rear-ended our client’s vehicle, causing catastrophic injuries requiring emergency lumbar surgery. The collision also took the life of her son. We recovered every dollar of available insurance coverage for the family.

$1,000,000 — Commercial Vehicle / Wrongful Death. A commercial vehicle driven by an unlicensed driver rear-ended a car, killing a special needs child and breaking the mother’s back. The company had prior violations with the same vehicle. We recovered full policy limits.

$100,000 — Wrongful Death / Auto Accident. We achieved a wrongful death settlement within 45 days of the firm’s launch. Police initially blamed the victim, but our investigation discovered the driver had been drinking. We challenged the official narrative and established liability.

Past results do not guarantee future outcomes. Every case is different.

Frequently Asked Questions

How long do I have to file a truck accident lawsuit in Texas?

Texas has a two-year statute of limitations for personal injury claims. The clock starts running on the date of the accident. For wrongful death claims, the two-year period begins on the date of death. Missing this deadline means your case is barred permanently. But the real deadline is much shorter than two years, because critical evidence starts disappearing within days.

What is my truck accident case worth?

Every case is different. The value depends on the severity of your injuries, your medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, and whether the trucking company’s conduct supports punitive damages. Cases involving catastrophic injuries, permanent disability, or wrongful death carry significantly higher values due to the long-term impact on the victim and their family.

Can I still recover damages if I was partially at fault?

Texas follows a modified comparative fault rule. You can recover damages as long as you are not more than 50% responsible for the accident. If you are 51% or more at fault, you are barred from recovery. Your percentage of fault reduces your total recovery proportionally. Trucking companies will aggressively argue comparative fault to reduce what they owe you.

What if the truck driver was an independent contractor?

Trucking companies frequently classify drivers as independent contractors to avoid vicarious liability. Texas courts look past the label and examine the actual relationship. If the company controlled the driver’s routes, schedules, methods, and equipment, the driver may be deemed an employee regardless of what the contract says. Even when the independent contractor defense holds, the trucking company may still face direct liability for negligent hiring or negligent entrustment.

Do I need a lawyer for a truck accident claim, or can I handle it myself?

You can handle it yourself the same way you could perform your own surgery. Technically possible. The trucking company will have a team of lawyers, accident reconstructionists, and claims professionals working against you from day one. They will exploit every procedural misstep, every missed deadline, and every unpreserved piece of evidence. Having a lawyer who understands FMCSA regulations, knows how to obtain black box data and ELD records, and has the resources to take the case to trial levels the playing field.

Talk to a Truck Accident Lawyer Now

Trucking companies do not wait. Their billion-dollar systems, technology, and resources are working against you right now. Attorney Rolando Quesada, who has recovered millions for injured clients across Dallas, and Guardia Law protect truck accident victims across Dallas, Mesquite, Garland, and throughout North Texas. We work on a contingency fee, which means you pay nothing unless we recover for you.

Call (214) 380-4000 for a free consultation. Available 24/7. Hablamos Espanol.

Guardia Law, PLLC
6301 Gaston Ave, Ste. 1516
Dallas, TX 75214

Past results do not guarantee future outcomes.