□
gtag('config', 'AW-16497199748');

Truck Accident Negligence

August 17, 2025 | By Francis Injury: Car & Truck Accident Lawyers
Truck Accident Negligence

Each year, crashes involving large commercial trucks injure over 150,000 people and claim nearly 5,000 lives. Because of the sheer size and weight of big rigs, these accidents often result in devastating injuries for those in smaller vehicles. If you or a loved one has been hurt in a truck accident caused by someone else’s negligence, you have the right to seek compensation for your losses. However, proving truck accident negligence can be complex – it requires showing that a party failed to exercise reasonable care (i.e. was “negligent”) and that this failure directly caused the crash and your injuries. Below, we discuss the common types of negligence in trucking accidents, frequent causes of truck crashes, your legal rights as an accident victim, and how Francis Injury can help you pursue justice.

Truck Accident Negligence

Types of Negligence in Truck Accidents

When it comes to truck accidents, negligence can take many forms. In personal injury law, any person or company that breached their duty of care and caused the accident may be held liable. Common types of negligence (and negligent parties) in truck accident cases include:

  • Truck Driver Negligence: Truck drivers have a duty to drive safely and follow the rules of the road. If a truck driver drives carelessly or violates traffic laws, they may be considered negligent. Examples include speeding, making improper lane changes, following other vehicles too closely, or not checking blind spots while merging. Driving while distracted (such as texting behind the wheel), driving while fatigued, or operating under the influence of alcohol or drugs are also clear breaches of a truck driver’s duty of care and can lead to serious accidents.
  • Trucking Company Negligence: The trucking company that employs the driver (or owns the truck) can also be negligent in ways that cause accidents. For instance, a company might fail to properly train or supervise its truck drivers, leading to unsafe driving habits. Trucking companies are responsible for ensuring their fleet is in safe condition – if they neglect vehicle maintenance or required inspections, critical equipment like brakes or tires could fail on the road. Companies can also be negligent by pushing drivers to ignore hours-of-service rules and drive while overly fatigued. Any such failures on the company’s part that contribute to a crash may make the company liable for negligence in a trucking accident.
  • Third-Party Negligence: Sometimes a third party’s negligence is a factor in truck crashes. For example, a cargo loading company that improperly loads or secures freight could cause the truck’s load to shift or spill, leading to a loss of control and an accident. In other cases, a vehicle or parts manufacturer might be at fault if a defective component (such as faulty brakes or a tire blowout) causes the wreck. Even other drivers on the road whose negligence triggers a chain reaction involving the truck could be held partly responsible. An experienced attorney will investigate all possible negligent parties, since there may be multiple defendants in a truck accident claim.

Common Causes of Truck Accidents

Large truck accidents can happen for many reasons, but most crashes trace back to some form of human negligence or error. Understanding the common causes of truck accidents can help victims identify what went wrong in their situation. Some of the leading causes of truck accidents include:

  • Driver Fatigue: Truck drivers often work long hours on tight deadlines. Driving while exhausted is extremely dangerous – fatigue slows reaction times and impairs judgment. Federal hours-of-service regulations limit how long drivers can stay on the road, but not all drivers (or their employers) follow these rules. In fact, federal data shows driver fatigue is a contributing factor in roughly 13% of truck accidents. Some truckers even skip mandatory rest breaks (sometimes due to pressure from their company) to stay on schedule, greatly increasing the risk of a crash.
  • Distracted Driving: Distractions behind the wheel are a major cause of accidents for truckers and passenger-car drivers alike. For a truck driver, taking one’s eyes off the road even for a few seconds can be catastrophic. Common distractions include texting or talking on a phone, eating, adjusting a GPS or radio, or any activity that diverts attention from driving. The Federal Motor Carrier Safety Administration (FMCSA) has strict rules prohibiting truckers from texting or using handheld devices while driving, precisely because distracted driving leads to so many crashes each year. When a truck driver is not fully focused on the road, the chances of a serious accident skyrocket.
  • Speeding or Reckless Driving: Speeding is another frequent factor in truck wrecks. Big rigs require a much longer distance to slow down or stop compared to cars, especially when carrying heavy cargo. A truck that is exceeding the speed limit (or driving too fast for road or weather conditions) may not be able to brake in time to avoid a collision. Following too closely (tailgating), weaving through traffic, or running red lights/stop signs are other examples of reckless driving that can constitute negligence. Studies show that a significant number of fatal truck accidents involve drivers going too fast. Simply put, when truck drivers ignore traffic laws or drive aggressively, they endanger everyone on the road.
  • Driving Under the Influence: Driving while impaired by alcohol or drugs is a form of gross negligence that often results in horrific crashes. Truck drivers are held to high safety standards and must undergo regular drug and alcohol testing. Despite these regulations, incidents of truckers driving under the influence do occur. An impaired truck driver operating an 80,000-pound vehicle poses an extreme risk to others. If a trucker was intoxicated or using drugs and caused an accident, both the driver and the trucking company (which has a duty to screen and monitor its drivers) can face serious legal consequences. Victims of such accidents have a strong basis to claim negligence per se, since DUI by itself violates the law and safety standards.
  • Poor Vehicle Maintenance and Equipment Failures: Not all truck accidents are caused by driver error alone – some result from mechanical failures. Brake failures, tire blowouts, steering problems, and other equipment malfunctions can lead to a loss of control. These failures often stem from poor maintenance. Trucking companies are responsible for keeping their fleet in safe working order; when they cut corners on inspections or repairs, critical systems can fail at the worst moment. For example, worn-out brakes on a fully loaded semi may overheat or malfunction on a downhill grade, making it impossible to stop in time. Similarly, tire blowouts (especially at highway speeds) can cause a truck to jackknife or roll over. In some cases, a defective part (manufactured with a flaw) could be to blame – leading to a potential product liability claim against the manufacturer. Proper upkeep and timely repairs are essential to prevent these kinds of crashes.
  • Unsecured or Overloaded Cargo: How a truck’s cargo is loaded and secured is another critical safety factor. If freight is not tied down or balanced correctly, it can shift in transit, throwing the truck off balance. Sudden shifts in weight can cause a trailer to tip, swing out (jackknife), or even lead to a rollover accident. Excessive weight is also dangerous – when a truck is loaded beyond legal weight limits, it becomes harder to handle and more prone to equipment strain (like tire or brake failures). Improper loading is a common form of negligence by shippers or cargo companies. For instance, an overloaded trailer or one with an unbalanced load can make it nearly impossible for the driver to control the vehicle during turns or sudden stops. This is why there are strict regulations on trucking cargo weight and securement. When those rules are violated, the results can be deadly.

Being injured in a truck accident can leave you facing significant medical bills, lost income, and immense pain and suffering. It’s important to know that if someone else’s negligence caused the crash, you have the legal right to seek compensation for all these losses. In a truck accident injury claim (or lawsuit), the at-fault parties – whether it’s the truck driver, the trucking company, or another liable entity – can be held financially responsible for the harm they caused.

Your right to compensation includes several types of damages under personal injury law:

  • Economic damages: These cover the tangible, out-of-pocket costs of your injury. Examples include medical expenses (hospital bills, surgeries, rehabilitation, medications), future medical care needs, lost wages from time missed at work, and damage to your vehicle or other property. In a serious truck accident, these costs can be very high – victims may require lengthy hospital stays or multiple surgeries and might be unable to work for an extended period.
  • Non-economic damages: These compensate you for the harder-to-quantify impacts of an injury. Pain and suffering is a major component of non-economic damages – it addresses the physical pain and the emotional anguish you have endured. Truck accident victims often experience trauma, mental distress, or loss of quality of life following the crash. For instance, a person who suffers a permanent disability may no longer enjoy hobbies or everyday activities as they did before. While no dollar amount can erase these losses, the law allows victims to recover monetary compensation for intangible harms like pain, emotional distress, and loss of enjoyment of life.
  • Punitive damages: In ordinary negligence cases, damages are limited to the compensation of the victim’s losses. However, if the defendant’s conduct was extremely reckless or egregious (for example, a truck driver was grossly intoxicated or a trucking company willfully ignored safety regulations), a court might also award punitive damages. These are not meant to compensate the victim, but rather to punish the wrongdoer and deter particularly bad conduct. Punitive damages are relatively rare and typically require clear evidence of willful or gross negligence. Your attorney can advise if this may apply in your case.

It’s also worth noting that truck accident victims have the right to legal representation when pursuing a claim. You are allowed to hire an attorney to deal with the insurance companies and legal procedures on your behalf – and in fact this is highly recommended. Trucking companies and their insurers often begin building a defense immediately, and they may try to minimize or deny your claim. An experienced truck accident lawyer can protect your rights, gather crucial evidence (like driver logs, maintenance records, black box data), and advocate for the full compensation you deserve. In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit (per the statute of limitations), so it’s important not to delay in asserting your rights. Consulting a lawyer early will help ensure your claim is filed timely and properly.

How Francis Injury Can Help

A truck accident negligence claim can quickly become complicated, especially when dealing with trucking companies and their aggressive insurance carriers. At Francis Injury, we understand the high stakes of these cases and the challenges victims face. Our firm has decades of experience handling truck and 18-wheeler accident cases in Texas, and we are dedicated to helping accident victims obtain the justice and compensation they need to rebuild their lives. Trucking cases often involve multiple parties and complex evidence, but you don’t have to face this process alone.

Here’s how our truck accident lawyers can assist you: We will conduct a thorough investigation to identify all liable parties and evidence of negligence. This includes examining driver qualification files, trucking company records, maintenance logs, and accident reports, as well as preserving critical evidence like the truck’s electronic data recorder (“black box”). We know federal and state trucking regulations inside and out – if the trucker or company violated safety rules, we will use that to strengthen your case. Our team will handle all communication and negotiations with the insurance companies so that you are not taken advantage of during this vulnerable time. In fact, having an attorney on your side is crucial to ensure the insurance company treats you fairly and pays what you truly deserve.

At Francis Injury, we fight tirelessly for our clients’ rights. We have a proven track record of successful results for accident victims, and we strive to maximize the compensation for every client – whether through a negotiated settlement or, if necessary, by taking the case to court. Our lawyers will also make sure you get the medical care you need, connecting you with trusted doctors and specialists who understand traumatic injuries. Throughout the process, you can expect compassionate, professional guidance every step of the way.

Contact Francis Injury for a free consultation. If you or a loved one were injured in a truck accident, we invite you to reach out to discuss your legal options. Our knowledgeable personal injury attorneys will review the details of your accident, explain your rights, and answer any questions – with no obligation and no fee unless we win your case. Based in the Dallas–Fort Worth area, Francis Injury is proud to serve clients throughout Texas. We understand how life-changing a serious truck crash can be, and we are here to help you pursue the justice and financial recovery you need. Don’t wait – call us today to learn how we can help you hold the negligent parties accountable and start moving forward after a truck accident.

Injured in a Truck Accident? Don’t Wait.

Our experienced attorneys at Francis Injury are ready to fight for the compensation you deserve. Get your FREE case review today—no fees unless we win.

📞 Call 817-329-9001 or Click Here for Your Free Consultation