If you or someone you love was hurt in an 18-wheeler accident in Houston, you may be facing overwhelming medical bills, lost income, and pain that won’t go away. Harris County sees more commercial truck crashes than any other county in Texas, and these collisions often cause catastrophic injuries or death. You need an experienced Houston 18-wheeler accident lawyer who knows how to take on trucking companies and their insurers.
At Varghese Summersett, our injury attorneys have recovered substantial compensation for families devastated by truck wrecks across the Houston area. We handle everything from the initial investigation to trial, if necessary, so you can focus on healing while we fight for the money you deserve.
Why Houston Has So Many 18-Wheeler Accidents
Houston sits at the crossroads of major shipping routes, with Interstate 10, Interstate 45, and Highway 290 funneling thousands of commercial trucks through the region every day. Ports, refineries, and distribution centers make Harris County one of the busiest freight corridors in the country. That volume comes with serious risk.
Harris County consistently leads Texas in commercial truck crashes. According to recent data, the Houston area experiences more than 6,000 commercial motor vehicle wrecks each year, with roughly 40 to 48 truck-related deaths annually. In 2023 alone, Houston and Harris County recorded more than 7,100 commercial motor vehicle accidents involving over 23,000 people. Texas as a whole has led the nation in fatal 18-wheeler crashes, with more than 700 deaths in a recent year.
The sheer size and weight of these vehicles make collisions especially deadly. A fully loaded 18-wheeler can weigh 80,000 pounds or more. When that mass collides with a passenger vehicle, the occupants of the smaller vehicle bear the brunt of the impact. Survivors often face traumatic brain injuries, spinal cord damage, crushed limbs, and burns that require years of treatment.
Common Causes of 18-Wheeler Crashes in Houston
Truck accidents rarely happen for just one reason. Many are not mere “accidents” but the predictable result of a breakdown in safety protocols. Federal Motor Carrier Safety Regulations (FMCSRs) exist to prevent these tragedies, but trucking companies routinely ignore them. Our attorneys investigate every factor that contributed to your crash to identify all responsible parties and build the strongest possible case.
Driver Fatigue and Hours of Service Violations
Driver fatigue remains one of the most dangerous problems in the trucking industry. Federal hours-of-service regulations under 49 C.F.R. § 395.3 set strict limits on how long a driver can operate before taking a mandatory rest break. These rules include an 11-hour driving limit within a 14-hour window after coming on duty, a prohibition on driving after the 14th consecutive hour on duty, and weekly limits of 60 hours in 7 days or 70 hours in 8 days.
Despite these safeguards, many trucking companies pressure their drivers to falsify logbooks and keep driving. Electronic Logging Devices (ELDs) have made this harder but not impossible. When a driver falls asleep at the wheel or loses focus after 14 hours on the road, the results can be catastrophic. Courts have recognized that fatigue from excessive hours is a foreseeable cause of accidents, and carriers who allow or encourage HOS violations can face gross negligence claims and punitive damages.
Mechanical Failures and Maintenance Neglect
A significant portion of trucking accidents can be traced back to mechanical failures that could and should have been prevented. Under 49 C.F.R. § 396.3, motor carriers must systematically inspect, repair, and maintain all vehicles under their control. This is not a passive duty. It requires a proactive and documented maintenance program.
Drivers are also required to complete a Driver Vehicle Inspection Report (DVIR) at the end of each day under 49 C.F.R. § 396.11. This written report must detail any defects in critical components like brakes, tires, steering, and lights. The carrier is then legally obligated to repair any safety-critical defect before the vehicle is operated again. In practice, many drivers “pencil-whip” these reports, completing them without a thorough inspection due to time pressures, fatigue, or dispatcher demands. This creates a fraudulent paper trail of compliance that masks real dangers.
Other Contributing Factors
Speeding is another frequent cause of Houston truck wrecks. Houston’s highways often flow at 70 miles per hour or faster, but an 18-wheeler moving at high speed needs far more distance to stop than a car. Under Texas Transportation Code § 545.351, commercial trucks must obey posted speed limits, yet many drivers exceed them to meet tight delivery deadlines.
Other contributing factors include distracted driving (texting, eating, or adjusting GPS devices), improper cargo loading that causes trailers to shift or tip, inadequate driver training, and driving under the influence of alcohol or drugs. Each of these failures can create liability for the driver, the trucking company, or third parties who contributed to the unsafe conditions.
Federal Regulations That Protect You
The Federal Motor Carrier Safety Regulations are more than just a set of rules. They are the architectural blueprint for a personal injury lawsuit following an 18-wheeler crash. Understanding these regulations helps explain why trucking companies should be held accountable when they fail to follow them.
Electronic Logging Devices: The Digital Truth
The mandate for Electronic Logging Devices under 49 C.F.R. § 395.8 has revolutionized accident litigation. Gone are the days of easily falsified paper logs (often called “comic books” for their fictional nature). ELDs provide a digital, near-indisputable record of a driver’s hours, making it easier to prove violations.
ELD data reveals exactly when a driver was on duty, when they were driving, and whether they exceeded legal limits. The carrier is responsible for managing the ELD system, ensuring its accuracy, and retaining backup records under 49 C.F.R. § 395.22. A carrier cannot claim ignorance of its drivers’ HOS violations when the data is at their fingertips. Our attorneys know how to obtain and analyze this data to prove that a driver was fatigued at the time of your crash.
Driver Medical Qualifications
A driver’s medical fitness is not a suggestion. It’s a federal mandate. Under 49 C.F.R. § 391.41, drivers must meet strict physical qualification standards. Having a Commercial Driver’s License (CDL) is not enough. A driver must have a valid Medical Examiner’s Certificate (MEC), certifying they are free from disqualifying conditions like epilepsy, insulin-dependent diabetes (without a waiver), and certain cardiovascular or psychiatric disorders.
Even legally prescribed medications can be disqualifying under 49 C.F.R. § 392.4 if they treat a prohibited condition or if the prescribing doctor has not certified that the substance will not impair the driver’s ability to operate the vehicle safely. Motor carriers have an affirmative duty to monitor their drivers’ MEC status and foster a culture where drivers can report medical changes without fear of automatic termination.
Post-Accident Drug and Alcohol Testing
What happens immediately after a crash is critical. Under 49 C.F.R. § 382.303, post-accident drug and alcohol testing is mandatory in specific circumstances, including any crash involving a fatality or one where a citation is issued involving injury or disabling vehicle damage. The driver must be tested for alcohol within 8 hours and must not consume any alcohol before the test.
A refusal to submit to a test is treated as a positive result, and the driver is immediately prohibited from performing safety-sensitive functions. These test results are discoverable in litigation and can be powerful evidence of impairment.
Who Can Be Held Liable in an 18-Wheeler Accident?
One of the key differences between a car accident and a truck accident is the number of potentially responsible parties. When you’re hit by an 18-wheeler, the driver is rarely the only one at fault. While a driver’s error may be the immediate cause of an accident, the legal doctrine of respondeat superior (vicarious liability) is often just the starting point. A truly compelling personal injury case looks beyond the driver to expose direct negligence on the part of the motor carrier.
Negligent Hiring
Did the carrier fail to conduct a thorough background check? Did they hire a driver with a known history of HOS violations, accidents, or drug and alcohol abuse? Federal regulations require motor carriers to investigate a driver’s employment history, driving record, and qualifications before putting them behind the wheel. When a company cuts corners on these checks, they can be held directly liable for the harm that results.
Negligent Retention
Did the carrier keep a dangerous driver on the road despite accumulating evidence of unsafe behavior? Multiple failed inspections, citizen complaints, or preventable accidents should trigger action. Courts have found carriers grossly negligent when they knowingly retain drivers who falsify logs or have a pattern of violations.
Negligent Supervision and Training
Does the carrier have a meaningful safety program? Do they provide adequate training on the FMCSRs, or do they simply hand drivers the keys? A lack of oversight is a form of negligence. A pattern of violations across a fleet is not a series of isolated incidents but evidence of a corporate culture that prioritizes deadlines and profits over public safety.
Other Potentially Liable Parties
Beyond the trucking company, other parties may share fault, including the cargo loading company (if improperly secured freight caused the crash), the truck or parts manufacturer (if a defective component failed), the maintenance provider (if negligent repairs contributed to a mechanical failure), and even government entities responsible for road design or signage. Our attorneys know how to pursue claims against all negligent parties to ensure you receive full compensation. If you’ve lost a loved one in a fatal collision, you may be entitled to bring a wrongful death claim against those responsible.
If you’re unsure whether you have a case or what your claim might be worth, our team can evaluate your situation during a free consultation. Call (281) 805-2220 to speak with a Houston 18-wheeler accident lawyer today.
Types of Compensation Available After a Truck Wreck
Texas law allows injury victims to recover both economic and non-economic damages. Economic damages compensate you for the financial losses you can calculate, such as medical expenses, lost wages, and property damage. Non-economic damages address the intangible harms that are harder to quantify, including physical pain, emotional distress, and loss of enjoyment of life.
Medical Expenses
Medical expenses often form the largest part of a truck accident claim. You can seek reimbursement for emergency room treatment, surgeries, hospital stays, prescription medications, rehabilitation therapy, and any future medical care your injuries will require. Many of our clients need ongoing treatment for years after a crash, and we work with medical experts to project the full cost of that care.
Lost Income and Earning Capacity
Lost income matters just as much. If your injuries prevent you from working, you deserve compensation for the paychecks you’ve missed and the earning capacity you’ve lost. When a traumatic brain injury or permanent disability ends your career, we fight to recover damages that account for the income you would have earned over your lifetime.
Pain and Suffering
Pain and suffering damages recognize that no amount of money can undo what happened to you, but compensation can provide a measure of justice. We present evidence of your physical pain, mental anguish, scarring, and diminished quality of life to ensure the jury understands the full impact of your injuries.
Punitive Damages
In cases involving gross negligence or reckless conduct, Texas law permits exemplary (punitive) damages. These additional damages punish wrongdoers and deter similar behavior. When a trucking company knowingly allowed a dangerous driver on the road, ignored critical safety violations, or pressured drivers to violate hours-of-service rules, we pursue every dollar the law allows. Courts and juries have upheld significant punitive damage awards when a carrier’s inaction in the face of known risks is proven.
How Fault Works in Texas Truck Accident Cases
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001. This means you can still recover damages even if you were partially at fault for the accident, as long as your share of the responsibility does not exceed 50 percent. If you are found 51 percent or more at fault, you cannot recover anything.
When you are partially at fault, your damages are reduced by your percentage of responsibility. For example, if a jury awards $500,000 and finds you 20 percent at fault, your recovery would be reduced to $400,000. Insurance companies love to shift blame onto injured victims to minimize their payouts. That’s why it’s essential to have experienced attorneys who can counter those tactics and present the full picture of what happened.
Negligence Per Se: A Powerful Legal Tool
A violation of a Federal Motor Carrier Safety Regulation is often considered negligence per se, meaning the act is negligent as a matter of law. This is a powerful legal shortcut. The plaintiff only needs to prove the violation caused the injury, not that the act itself was unreasonable. When we can show that a trucking company violated federal safety regulations and that violation contributed to your crash, we have established negligence without having to argue about what a “reasonable” trucking company would have done.
How We Investigate 18-Wheeler Accidents
Building a winning truck accident case requires a thorough investigation that goes far beyond the police report. Our attorneys use the Federal Motor Carrier Safety Regulations as a framework for discovery, seeking out the documents and data that reveal the true cause of your crash.
Evidence We Pursue
We request and analyze the driver qualification file to prove negligent hiring or retention. This file contains the driver’s employment history, driving record, background check results, and medical certification. Gaps or red flags in this file can be powerful evidence.
ELD data and hours-of-service records reveal whether the driver was fatigued at the time of the crash. We cross-reference this data with dispatch communications and GPS records to determine whether the carrier pressured the driver to violate HOS rules.
Driver Vehicle Inspection Reports and maintenance records expose mechanical failures and systemic neglect. A pattern of incomplete or falsified DVIRs can establish a corporate culture that prioritizes profits over safety. Recurring maintenance issues that are not properly addressed show that the carrier failed its legal duty to keep safe vehicles on the road.
Post-accident drug and alcohol test results can prove impairment. Company safety policies and training materials allow us to contrast stated policies with actual practices, often revealing that the carrier’s safety program was nothing more than paper compliance.
Working with Experts
Our team works with accident reconstruction experts who can analyze the crash scene, vehicle damage, and physical evidence to determine exactly how the wreck occurred. We consult with engineers who can identify mechanical defects and explain how they contributed to the collision. Medical experts help us document the full extent of your injuries and project your future care needs.
What to Expect After a Houston Truck Accident
The days and weeks after an 18-wheeler crash can feel chaotic. Understanding the process helps you make informed decisions about your case.
First, seek medical attention immediately, even if you feel okay at the scene. Some injuries, including internal bleeding and traumatic brain injuries, may not produce obvious symptoms right away. A medical evaluation creates a record linking your injuries to the crash and ensures you receive necessary treatment.
Second, preserve evidence. If you are able, take photos of the vehicles, the road, skid marks, debris, and any visible injuries. Get the names and contact information of witnesses. Request a copy of the police report once it becomes available.
Third, be careful when speaking with insurance adjusters. The trucking company’s insurer will contact you quickly, sometimes within hours of the crash. Their goal is to settle your claim for as little as possible before you understand the full extent of your injuries. Do not provide a recorded statement or accept any settlement offer without consulting an attorney.
Fourth, understand the statute of limitations. Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. Missing that deadline can bar your claim entirely. The sooner you contact a lawyer, the sooner we can begin preserving evidence and building your case.
Why Insurance Companies Fight Truck Accident Claims
Trucking companies carry large insurance policies because 18-wheeler accidents cause severe damage. Policies of $1 million or more are common. But those insurers don’t stay profitable by paying out every claim at full value. They employ teams of adjusters, investigators, and defense lawyers whose job is to minimize what they pay.
Common tactics include disputing the severity of your injuries, blaming you for the accident, claiming that your injuries were pre-existing, and delaying the process in hopes that you’ll accept a lowball offer out of financial desperation. They may also send you to a doctor of their choosing who will downplay your condition.
Trucking companies also move quickly to protect themselves after a crash. They dispatch investigators to the scene, sometimes before emergency responders have cleared the wreckage. They instruct drivers not to speak with anyone. They download ELD data and secure maintenance records before plaintiffs’ attorneys can request them. In some cases, critical evidence disappears.
When you hire Varghese Summersett, you send a message that you’re serious about getting fair compensation. Our attorneys handle all communications with the insurance company, counter their tactics with solid evidence, and prepare every case as if it will go to trial. That approach often leads to higher settlements, because insurers know we won’t back down.
Don’t let the trucking company’s insurer take advantage of you. Schedule a free consultation with our team by calling (281) 805-2220.
What to Expect From Varghese Summersett
Our firm brings a unique combination of resources and experience to every truck accident case. With more than 70 team members across four Texas offices, including our Houston location, we have the capacity to take on well-funded trucking companies and their insurers.
We start by conducting a thorough investigation. That means visiting the crash scene, obtaining the truck’s “black box” data before it can be erased, subpoenaing the driver’s records, and consulting with engineers and medical experts who can explain your injuries and their long-term impact.
Our attorneys include former prosecutors who understand how to build a case from the ground up. We know how to present evidence persuasively and how to anticipate the arguments the defense will make. We weave regulatory violations into a compelling narrative. The story is not just about a tired driver who made a mistake. It’s about a company that cut corners, ignored warnings, and put a dangerous vehicle and driver on the road, making a catastrophic accident not just possible but inevitable.
Throughout the process, you’ll have direct access to your legal team. We explain every step, answer your questions promptly, and keep you informed as your case progresses. We handle the legal fight so you can focus on your recovery. Past results do not guarantee future outcomes, but our track record speaks to our commitment to achieving the best possible result for every client.
Frequently Asked Questions About Houston 18-Wheeler Accidents
How much is my truck accident case worth?
The value of your case depends on the severity of your injuries, the cost of your medical treatment, your lost income, and the impact on your quality of life. Cases involving permanent disabilities, traumatic brain injuries, or wrongful death typically result in higher compensation. When we can prove gross negligence by the trucking company, punitive damages may also be available. During a free consultation, our attorneys can evaluate your situation and give you a realistic assessment of what your claim may be worth.
How long do I have to file a lawsuit after a truck accident in Texas?
Under Texas law, you generally have two years from the date of the accident to file a personal injury lawsuit. Waiting too long can result in the loss of critical evidence, so it’s best to contact an attorney as soon as possible after the crash. Trucking companies begin securing and sometimes destroying evidence immediately after a collision.
What if the trucking company destroyed evidence?
Federal regulations require trucking companies to preserve certain records, including electronic logging data, Driver Vehicle Inspection Reports, and driver qualification files, for specific periods. If a company destroys evidence, we can file a motion asking the court to impose sanctions, which may include instructing the jury to assume the destroyed evidence was unfavorable to the defendant. This is why acting quickly is so important.
Can I still recover compensation if I was partially at fault?
Yes, as long as you were not more than 50 percent responsible for the accident. Under Texas’s modified comparative negligence rule, your damages will be reduced by your percentage of fault. For example, if you are 25 percent at fault, you can still recover 75 percent of your total damages.
Do I need a lawyer for an 18-wheeler accident case?
You are not required to hire a lawyer, but having experienced legal representation significantly increases your chances of obtaining fair compensation. Trucking companies have legal teams working to protect their interests from the moment of the crash. You deserve someone fighting just as hard for yours. Our attorneys understand the complex federal regulations that govern the trucking industry and know how to use violations of those regulations to build a powerful case.
What evidence should I preserve after a truck accident?
If you are able, document everything at the scene: photos of the vehicles, road conditions, skid marks, debris, traffic signs, and your injuries. Get contact information for witnesses. Keep all medical records and bills. Do not repair or dispose of your vehicle until your attorney has had a chance to inspect it. And do not give a recorded statement to any insurance company before speaking with a lawyer.
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Get the Compensation You Deserve
An 18-wheeler accident can change your life in an instant. You shouldn’t have to bear the financial burden of someone else’s negligence. At Varghese Summersett, we fight for Houston families who have been hurt by reckless trucking companies and their drivers. Our team has the resources, the experience, and the determination to pursue every dollar you’re owed.
Call (281) 805-2220 today to schedule a free consultation with a Houston 18-wheeler accident lawyer. There’s no fee unless we win your case.
