Driving Under The Influence

No, not before speaking with a lawyer. Carrier rapid response teams and adjusters often contact injured people within days, before the full medical picture is known. Recorded statements are used to lock in an early version of events and to argue your injuries are less serious than they are.

Yes, in most cases. Texas proportionate responsibility under Chapter 33 reduces your recovery by your percentage of fault, and bars recovery entirely if you are more than 50% responsible. Trucking defendants routinely argue comparative fault, which is why independent reconstruction evidence matters early.

Federal law generally requires at least $750,000 in liability coverage for interstate carriers hauling general freight under 49 C.F.R. § 387.9, with higher minimums for hazardous materials. Large carriers usually layer excess and umbrella policies above that minimum, which must be identified through investigation and discovery.

Potentially the motor carrier, the truck or trailer owner, a leasing company, the freight broker, the shipper, the company that loaded the cargo, a maintenance contractor, and parts manufacturers. Each may carry separate insurance, so identifying every responsible party directly affects the compensation available.

Chapter 72, added by House Bill 19 in 2021, lets a trucking defendant move to bifurcate the trial. Phase one decides driver liability and compensatory damages; phase two addresses claims against the company and exemplary damages. Section 72.053 still permits regulatory violation evidence in phase one when it proves causation.

A spoliation letter is a formal written demand that the trucking company preserve specific evidence, including engine control module data, ELD logs, dispatch records, and maintenance files. Without it, a carrier generally has no duty to keep those materials, and black box data can be overwritten when the truck returns to service.

Two years from the crash date under Texas Civil Practice and Remedies Code § 16.003, and two years from death for wrongful death claims. Claims against governmental entities require notice much sooner. Evidence deadlines are shorter still, since some carrier records may be lawfully destroyed within six months.

Tractor-trailer claims are governed by federal safety regulations in 49 C.F.R. Parts 350–399, involve multiple potentially liable companies, and turn on evidence the trucking company controls, including black box data and electronic logs. Texas also applies a special bifurcated trial procedure under Chapter 72 that does not exist in car accident cases.

Liability can extend beyond the truck driver. Depending on the circumstances, the trucking company, vehicle maintenance providers, cargo loaders, or even the truck manufacturer may share responsibility. Our firm investigates all possible sources of liability.

You may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and, in some cases, punitive damages. We evaluate every aspect of your losses to pursue maximum recovery.

In Texas, the statute of limitations for personal injury claims is two years from the date of the accident. However, the sooner you act, the stronger your case may be—especially when it comes to preserving evidence.

Truck accidents are traumatic events, and it’s difficult to know how to respond. Following these steps can help protect your rights and potential recovery:

• Stay at the accident scene and move your vehicle if possible to avoid further collisions.
• Call for medical assistance and the police. Seek medical attention even if injuries seem minor.
• Obtain a copy of the police report.
• Exchange information with other parties involved, including the truck driver’s details, company name, insurance information, and license number.
• Collect witness statements and contact information.
• Document the accident with photos of the scene and injuries.
• Refrain from providing a written or recorded statement to insurers or trucking companies without consulting a lawyer.
• Contact a Houston truck accident lawyer for guidance.

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Numerous parties may be liable for a truck accident. Experienced Houston trucking accident lawyers will investigate all potential sources of liability to determine fault in a truck accident.

Various parties that may share liability in a commercial truck accident include:

• Individual truck drivers: If a truck driver was negligent – such as texting, eating, or speeding – they may be at fault for the accident.
• Trucking corporations: If a trucking company violates state or federal regulations, leading to an accident, they may be responsible for damages.
• Semi-truck service technicians: Negligence during maintenance services can make the mechanic responsible for an accident.
• Truck manufacturers: Defective truck parts or components may cause an accident, making the manufacturer liable.
• Government agencies: Government entities responsible for road maintenance can be liable if road conditions lead to an accident.

For more insight into truck accident compensation and liability, reach out to the trucking accident lawyers at The Moudgil Law Firm. We’re dedicated to helping truck accident victims obtain the compensation they deserve.

Truck accident cases are complex and navigating them without an experienced attorney can be overwhelming. If you’re dealing with severe injuries, you likely don’t have the time or energy to handle the stress of a truck accident lawsuit. Enlisting the help of an attorney from The Moudgil Law Firm can relieve you from the added complication of managing legal matters.

When you choose The Moudgil Law Firm, one of our Houston trucking accident attorneys will:

• Manage all communications with insurers and trucking companies
• Notify medical bill collectors about your claim and status
• Conduct a thorough investigation to determine the cause and liable parties
• Collect witness statements and gather evidence, such as black box data and accident reports
• Pursue damages for medical expenses, lost wages, disability, and pain and suffering
• Consult with experts to assess the value of your injuries and claim
• Develop a tailored legal strategy to maximize your financial recovery
• File your truck accident claim within the appropriate timeframe
• Aggressively negotiate for compensation and proceed to litigation if necessary

Trucking companies and insurance providers often try to settle claims quickly and at a low value. Don’t fall victim to their tactics – contact The Moudgil Law Firm to ensure you receive fair compensation for your truck accident settlement.

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