
Personal Injury Lawyer San Antonio Texas Blog
Truck drivers spend more time on Texas highways than almost anyone, and some of the most dangerous moments come when the truck isn’t moving. A driver parked at a truck stop, stopped on a shoulder or ramp because the lots are full, or doing a walk-around inspection can be hit by another 18-wheeler. When a professional driver is injured by another commercial truck, the claim involves federal safety rules, more than one trucking company, and questions about who carries what insurance. Here is what injured drivers should know.
Common situations include:
Commercial drivers must follow the Federal Motor Carrier Safety Regulations. Some of the rules that often matter in these cases:
The trucking company that employs the other driver may also be responsible for the driver’s conduct, and sometimes for its own decisions about hiring, training, and supervision.
Yes, and insurers will look closely at it. When a commercial vehicle stops on the traveled portion or shoulder of a highway for anything other than a necessary traffic stop, federal rules require the driver to turn on the hazard flashers immediately and, as soon as possible but within 10 minutes, place warning devices behind the truck (49 C.F.R. § 392.22). On a divided highway, devices go at about 10, 100, and 200 feet toward approaching traffic.
The other side may argue that you were parked in an unsafe place or did not put out triangles in time. Texas follows proportionate responsibility, so your recovery is reduced by your share of fault, and you cannot recover if you are found more than 50 percent responsible (Tex. Civ. Prac. & Rem. Code § 33.001). Photos and video of your lights, triangles, and parking location can make a real difference.
Sometimes. A truck stop owes its customers a duty to keep the property reasonably safe, which can include adequate lighting, safe traffic flow, and fixing known hazards. If a poorly lit lot or a dangerous layout contributed to the crash, the truck stop may share responsibility. Our article on Texas slip and fall and premises claims explains how premises claims work.
Many owner-operators and independent contractors are not covered by workers’ compensation. Some carry occupational accident insurance, which may pay certain benefits regardless of fault. Either way, you may still have a claim against the at-fault driver and the trucking company they drove for. Company drivers whose employer carries workers’ comp can generally receive comp benefits and also pursue a claim against the other driver and carrier (Tex. Lab. Code § 417.001(a)). If your employer is a non-subscriber, see our article on workers’ comp and non-subscribers.
Yes. Texas has specific procedures for injury lawsuits involving commercial motor vehicles. For example, if a trucking company admits that its driver was its employee acting within the scope of employment, its liability for the driver’s ordinary negligence is generally based only on that employment relationship, and the trial may be split into phases (Tex. Civ. Prac. & Rem. Code §§ 72.052, 72.054). These rules affect how a case is built from the start.
Trucking cases depend on records that can disappear quickly:
The Supreme Court of Texas has explained that a party’s duty to preserve evidence arises when it knows or reasonably should know there is a substantial chance a claim will be filed (Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014)). A prompt written preservation letter helps put the other side on notice.
Possibly. Where and why you were parked, and whether you used your flashers and triangles, will be part of the fault analysis. A driver who hits a stopped truck may still be responsible, even if you are found partly at fault.
Depending on your situation, workers’ comp, occupational accident insurance, or a claim against the at-fault driver and carrier may cover lost income. A claim against the at-fault party can also include future lost earning capacity if you cannot return to driving.
The general deadline for a personal injury lawsuit in Texas is two years from the date of the crash (Tex. Civ. Prac. & Rem. Code § 16.003). Wrongful death claims generally must be filed within two years of the death.
Learn more on our Eighteen-Wheeler Crash page.
If you were hurt by another 18-wheeler at a truck stop, on the shoulder, or on the road, Caquias Law Group, PLLC can review what happened in a free consultation and explain your options. Learn more on our Eighteen-Wheeler Crash page. With offices in San Antonio and Harlingen, we represent injured drivers across South Texas. Se habla español.
Call (210) 996-2237 in San Antonio or (956) 435-7789 in Harlingen.
Every case is different, and no particular result is guaranteed. This article is general information, not legal advice.







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