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A Former Insurance Defense Attorney Turned Fighting For You

A crash with an 18-wheeler or delivery truck can leave you juggling surgery, missed work, and calls from an insurer that was working on its defense before you left the hospital. An Austin truck accident lawyer can help you understand who may be responsible, which deadlines apply, and what evidence needs protecting now.

Breeland Injury Law takes on trucking companies and their insurers for people hurt across Austin and Travis County. Call 512-764-3380 or contact us to schedule a free consultation.

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Why Choose Breeland Injury Law for Your Austin Truck Accident Claim

Why Choose Breeland Injury Law for Your Austin Truck Accident Claim

A trucking company usually holds most of the evidence that matters: driver logs, maintenance records, dispatch messages, and the truck’s own electronic data. Matt Breeland knows what those records are and how a carrier’s insurer uses them, because he spent the first part of his career on the defense side of injury cases. That background shapes which records he asks for first and how he answers the carrier’s version of events.

You also get straight answers and direct access. Matt tells you honestly where a claim stands, and he stays personally involved as the case moves forward.

What Counts as a Truck Accident Case in Austin?

A truck accident case generally involves a vehicle being driven for a business, which covers far more than tractor-trailers. Common examples include:

  • Tractor-trailers and 18-wheelers on I-35 and other freight routes
  • Delivery vans and box trucks
  • Construction and dump trucks near job sites
  • Utility vehicles and other company fleet vehicles

The business connection changes the claim, because a company vehicle usually means a company policy and company records. Crashes with smaller company vehicles, such as a contractor’s pickup or a salesperson’s sedan, are handled as commercial vehicle accidents and follow many of the same rules. If the vehicle turns out to be privately owned and driven for personal use, the claim works much like a car accident claim.

Who Can Be Held Responsible After an Austin Truck Crash

More than one party can share the blame for a truck crash, and a jury can assign each of them a percentage of responsibility. Depending on the facts, a claim may reach:

  • The truck driver
  • The motor carrier that hired or dispatched the driver
  • A maintenance contractor that serviced the truck
  • A company that loaded or secured the cargo

Identifying every responsible party early matters. A claim built around the driver alone can be limited by that driver’s insurance, while a carrier or contractor may carry far more coverage.

Do Federal Trucking Rules Apply If the Truck Never Left Texas?

Yes, in large part. Under Section 644.051 of the Texas Transportation Code, Texas may adopt federal motor carrier safety regulations by reference, and any rule it adopts must be consistent with the federal rules. The Texas Department of Public Safety has adopted most of those federal standards for trucks operating only within the state, with some differences for intrastate drivers.

Those standards include the hours-of-service limits in Part 395 of the Federal Motor Carrier Safety Regulations, which control how long a driver can be behind the wheel, along with rules on inspections and vehicle maintenance. When a driver was fatigued or a truck was poorly maintained, those records often show it, whether the truck was headed to Chicago or between two Austin job sites.

How Long Do I Have to File a Truck Accident Claim in Texas?

In most cases, two years from the day of the collision. That deadline comes from Section 16.003 of the Texas Civil Practice and Remedies Code, which has a few exceptions. When a crash is fatal, the surviving spouse, children, and parents have two years from the date of death to bring a wrongful death claim.

The filing deadline is not the only clock. Federal rules, for example, require a carrier to keep a driver’s hours-of-service records for only six months, so asking for them early helps keep them available.

What If the Trucking Company Says the Crash Was Partly My Fault?

You may still be able to recover. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant cannot recover damages if their percentage of responsibility is greater than 50%. Below that bar, Section 33.012 reduces the damages by the claimant’s own percentage.

Shifting blame onto the injured driver is a common move for a carrier’s insurer, because every point of responsibility placed on you reduces what the company pays. That percentage is decided by the jury or judge based on the evidence, not by the adjuster, which is why photos, witness accounts, and the truck’s data matter.

What a Truck Accident Claim Can Recover

Depending on the facts, a truck accident claim may include compensation for:

  • Medical treatment already received and care the injury will still require
  • Lost income and lost earning capacity
  • Physical pain, mental anguish, and physical impairment
  • Property damage to your vehicle

In a narrow set of cases, exemplary damages may also be available. Texas law generally requires clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence, which is a high standard that many claims do not meet.

What Should I Do After a Truck Crash in Austin?

Get medical attention, make sure the crash is reported, and preserve anything that identifies the truck and the company operating it. These steps help protect a claim later:

  • Get treated, and follow the treatment plan your doctor recommends
  • Photograph the truck’s markings, license plates, and U.S. Department of Transportation (DOT) number
  • Write down what happened while it is fresh
  • Keep every bill and every record of missed work
  • Consider speaking with a lawyer before giving the carrier’s insurer a recorded statement, since early statements are often used to reduce a claim

Frequently Asked Questions

Where Would My Austin Truck Accident Case Be Filed?

Generally in the county where all or a substantial part of the events behind the claim happened, which for most Austin crashes is Travis County. Section 15.002 of the Texas Civil Practice and Remedies Code sets that general rule, subject to other venue statutes, and it also allows filing where an individual defendant lived or where a company defendant has its principal office in Texas. An out-of-state carrier may also try to move the case to federal court, which is one more reason the choice of where to file gets careful attention early.

What Injuries Are Common in Truck Accidents?

A fully loaded truck can weigh many times more than a passenger car, which is why the most common semi-truck crash injuries are so often severe, including traumatic brain injuries, spinal cord damage, and multiple fractures. 

How Long Does a Truck Accident Case Take?

Truck cases often take longer than car cases, because there are more parties, more insurance layers, and more records to gather. How long semi-truck accident cases take to resolve usually depends on how long treatment lasts and whether the carrier disputes fault. 

Work With an Austin Truck Accident Lawyer

Recovering from a truck crash is hard enough without trying to match a trucking company’s resources on your own. At Breeland Injury Law, Matt Breeland can look at what happened, identify who may share responsibility, and lay out your options clearly.

The two-year clock is already running, and the carrier’s records stay with the carrier. A free consultation with an Austin truck accident lawyer is one call away at 512-764-3380, or you can contact us online.

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