East Texas is a transportation hub. Highways like I-20, US-59, and US-259 are constantly humming with the sound of 18-wheelers, logging trucks, and oil tankers transporting goods across the state and country. While this industry is vital for our economy, sharing the road with these massive vehicles comes with significant risks.
When a standard passenger car collides with an 80,000-pound semi-truck, the results are almost always catastrophic for the smaller vehicle. Unlike a typical fender-bender between two sedans, a truck accident triggers a complex web of federal laws, corporate insurance policies, and aggressive legal defense tactics.
If you or a loved one has been involved in a truck accident, you are not just fighting a driver; you are fighting a company. Protecting your rights requires understanding the unique challenges of these cases and knowing exactly what steps to take in the immediate aftermath.
Why Truck Accidents Are Different
Many people assume a truck accident is just a “big car accident.” Legally and practically, this couldn’t be further from the truth. The stakes are higher, the injuries are often more severe, and the legal landscape is far more complicated.
Severity of Injuries
The sheer size and weight disparity mean that truck accidents often result in life-altering injuries such as spinal cord damage, traumatic brain injuries, amputations, or wrongful death. These injuries require long-term medical care, rehabilitation, and home modifications, making the financial value of these claims significantly higher than average car accident claims.
Federal Regulations
The trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover everything from how many hours a driver can be on the road (Hours of Service) to maintenance schedules and weight limits.
A violation of these federal rules is often the key to proving negligence. For example, if a driver fell asleep at the wheel because they exceeded their driving limit, or if a trucking company failed to inspect the brakes as required, they can be held liable. Proving these violations requires a lawyer who knows exactly what records to look for.
Aggressive Defense Teams
Trucking companies and their insurers have teams of investigators and lawyers on retainer. In many cases, they will have people at the scene of the crash within hours—sometimes before the wreckage is even cleared—to gather evidence that minimizes their liability. You need a legal team that can move just as fast.
Identifying Who Is Liable
In a typical car crash, you usually sue the other driver. In a truck accident, the list of potential defendants is much longer. This is actually a good thing for victims, as it increases the available insurance coverage to pay for damages, but it also complicates the case.
Potential liable parties include:
- The Truck Driver: For speeding, distracted driving, or driving under the influence.
- The Trucking Company: For hiring unqualified drivers, encouraging unsafe driving practices to meet deadlines, or failing to maintain vehicles.
- The Owner of the Cargo: If the truck was overloaded or the cargo was improperly secured (a common issue with logging trucks in East Texas), causing it to shift or spill.
- Maintenance Contractors: If a third-party mechanic failed to fix a critical issue like bald tires or faulty brakes.
- The Manufacturer: If a defective part, such as a blown-out tire or a steering failure, caused the crash.
Determining liability often requires a deep dive into corporate records, shipping manifests, and employment histories.
Immediate Steps to Protect Your Rights
Because the trucking company starts building their defense immediately, you cannot afford to wait. Here is how you can protect your claim.
1. Call 911 and Seek Medical Care
Your health is the priority. Even if you feel okay, get checked out. The adrenaline from a collision with a massive truck can mask serious internal injuries. Furthermore, a police report is essential for establishing the basic facts of the accident.
2. Gather Evidence at the Scene (If Possible)
If you are physically able, take photos of everything.
- The Trucks: Get pictures of the truck’s logos, DOT numbers on the door, and license plates.
- The Scene: Photograph skid marks, debris fields, and road conditions.
- The Driver: Get their name, license number, and insurance information.
3. Do Not Speak to the Trucking Company’s Adjusters
You may receive a call from the trucking company’s insurance adjuster very quickly. They may sound sympathetic and offer to “take care of everything.” Do not be fooled. Their goal is to get you to accept a lowball settlement or make a statement that hurts your case. Do not sign anything and do not give a recorded statement until you have a lawyer.
4. Preserve the “Black Box” Data
Modern commercial trucks are equipped with Electronic Control Modules (ECMs), often called “black boxes.” These devices record critical data like speed, braking patterns, and engine RPMs in the seconds before a crash.
However, this data is not kept forever. Trucking companies can legally destroy or overwrite this data after a certain period unless your attorney sends a “Spoliation Letter.” This legal document formally demands that they preserve the truck, the black box data, driver logs, and maintenance records. Sending this letter immediately is one of the most important things your lawyer will do.
Why You Need an East Texas Truck Accident Lawyer
Truck accident cases are expensive and time-consuming to litigate. They require hiring accident reconstruction experts, reviewing thousands of pages of logbooks, and deposing corporate safety directors.
At McKay Law, we have the resources and the experience to handle these complex cases. We know the specific dangers of East Texas roads, from the oilfield traffic in Panola County to the logging trucks in the Piney Woods. We understand how to uncover FMCSA violations and hold powerful trucking companies accountable.
We Fight for Your Future
The aftermath of a truck accident can be overwhelming. You may be facing surgeries, lost income, and a lifetime of pain. You shouldn’t have to face a corporate legal team alone.
If you have been injured in a truck accident in East Texas, act now. Evidence disappears quickly. Contact McKay Law today for a free, no-obligation consultation. We will move immediately to preserve evidence, investigate the crash, and fight for the full compensation you deserve. Let us handle the legal battle so you can focus on healing.
