Wrong-way and hit-and-run crashes on Texas highways cause serious injuries and complex legal cases for victims and families.
Wrong-way and hit-and-run crashes remain one of the most devastating and legally complex forms of motor vehicleaccidents in Texas. According to the Texas Department of Transportation (TxDOT), wrong-way crashes, though less frequent, are disproportionately fatal, often involving impaired drivers and occurring at night. Hit-and-run incidents, conversely, are far more common, with thousands reported annually across the state, leaving victims without immediate recourse. Recent high-profile cases on major interstates continue to spotlight the lasting impacts on victims—making legal knowledge and strategic recourse essential for individuals and families seeking justice.
What Are Wrong-Way and Hit-and-Run Crashes?
Wrong-way collisions frequently occur at night or on busy highways, often due to impaired driving, driver fatigue, or confusion at exit/entrance ramps. These incidents carry a significantly higher fatality rate compared to other types of crashes. For instance, the Katy Freeway incident where a BMW driving against traffic struck a Cybertruck and caused a multi-vehicle pileup, resulting in fatalities and severe injuries, exemplifies the tragic results. Such events ignite media attention not just for their immediate harm, but also because they often raise questions of criminal intent, intoxication, and liability—none of which may be clear from the outset, as seen in ongoing investigations into why drivers were heading the wrong direction on Texas highways.
Hit-and-run accidents, meanwhile, occur when drivers flee the crash scene, leaving injured victims stranded and complicating both civil and criminal cases. According to the National Highway Traffic Safety Administration (NHTSA), hit-and-run fatalities have been on the rise nationally. In Texas, thousands of hit-and-run incidents are reported annually, ranging from minor property damage to severe injury or death. Recent local news reports underscore how often these cases happen on interstates in the Dallas-Fort Worth region, with ongoing police investigations and a community working to identify and hold offenders accountable for their actions.
Texas Statutes and Legal Duties
Under the Texas Transportation Code § 550.021, drivers involved in an accident resulting in injury or death are legally obligated to stop, render reasonable assistance, and provide identifying information. Failure to do so constitutes a serious felony. Specifically:
Leaving the Scene of an Accident Involving Injury: A third-degree felony, punishable by 2 to 10 years in prison and/or a fine up to $10,000.
Leaving the Scene of an Accident Involving Serious Bodily Injury: A second-degree felony, punishable by 2 to 20 years in prison and/or a fine up to $10,000.
Leaving the Scene of an Accident Involving Death: A second-degree felony, punishable by 2 to 20 years in prison and/or a fine up to $10,000.
These laws form the backbone for prosecuting hit-and-run drivers and provide the foundation for civil claims seeking compensation. Texas law also requires an official report for any crash resulting in injury, fatality, or more than $1,000 in damage (Texas Transportation Code § 550.061), providing crucial evidence for later insurance disputes and lawsuits.
Texas Transportation Code outlines strict duties for drivers involved in accidents.
If law enforcement cannot respond to the scene, drivers must fill out and submit a CR-2 Blue Form (Driver’s Crash Report) to the Texas Department of Transportation within 10 days of the accident. This critical step preserves victim claims and assists in establishing facts for the eventual insurance or litigation process, ensuring that the incident is officially documented even without a police report.
Fault, Comparative Negligence, and Insurance
Texas remains an “at-fault” state for car accidents, meaning the driver responsible for the crash is legally and financially liable for the victim’s damages. Texas applies the “modified comparative negligence rule,” also known as the 51% bar rule (Texas Civil Practice & Remedies Code § 33.001). This means:
If you are found 51% or more at fault for the accident, you cannot collect any compensation from the other party.
In many jurisdictions, the concept of comparative fault plays a crucial role in determining liability in accident cases. If you find yourself being 51% or more at fault for an accident, it significantly impacts your ability to seek compensation. This principle, often termed as “modified comparative negligence,” establishes that if a party is deemed to be primarily responsible for an accident, their eligibility to recover damages from the other party is virtually eliminated. Essentially, if you bear the bulk of the blame, the legal system views you as having contributed significantly to the incident, and thus you forfeit any right to compensation from others involved.
This rule is particularly important to understand for anyone involved in vehicular accidents or personal injury claims. It highlights the necessity of evaluating the circumstances surrounding the incident objectively. In the event of disputes over fault, insurance companies and courts will thoroughly investigate evidence, witness testimonies, and accident reports to determine the degree of liability. If you’re found to be more than 50% responsible, not only do you lose the chance to claimdamages, but it also underscores the importance of driving responsibly and understanding your rights and obligations following an accident. Knowing where you stand in terms of fault can greatly influence your decisions in navigating insurance claims and potential legal action.
If you are found 50% or less responsible, any recovery you receive will be reduced proportionally by your percentage of fault. For example, if you sustained $100,000 in damages but were found 20% at fault, you would only be eligible to recover $80,000.
Understanding comparative negligence is key to maximizing compensation in Texas.
For example, in multi-vehicle wrong-way cases, legal teams gather extensive evidence, including police reports, accident reconstruction analyses, and eyewitness accounts, to prove minimal victim fault and maximize compensation. This process is essential, given the aggressive tactics often used by insurance companies and defense attorneys to shift responsibility and lower payouts. More information about these policies—and what uninsured and underinsured motorist (UM/UIM) coverage mean for hit-and-run victims—is detailed in leading Texas car accident guides. UM/UIM coverage is particularly vital in hit-and-run scenarios, as it can provide a source of recovery when the at-fault driver cannot be identified or lacks sufficient insurance.
Victim Compensation and Wrongful Death
Wrong-way and hit-and-run crashes regularly lead to significant personal injury claims and, tragically, wrongful death lawsuits, especially when families lose breadwinners or face life-altering injuries. Under Texas Civil Practice & Remedies Code § 16.003, most personal injury and wrongful death claims must be filed within two years from the crash date, known as the statute of limitations. Wrongful death claims may recover various types of damages, including:
Economic Damages: Lost earning capacity, lost inheritance, medical expenses incurred before death, and funeral and burial expenses.
Non-Economic Damages: Loss of companionship and society, mental anguish, and loss of consortium.
Exemplary Damages (Punitive): In cases of gross negligence or intoxication, additional damages may be awarded to punish the wrongdoer and deter similar conduct. Gross negligence requires a showing of an extreme degree of risk and the defendant’s actual, subjective awareness of the risk, but conscious indifference to the rights, safety, or welfare of others.
If offenders cannot be located, victims may rely on their uninsured/underinsured motorist (UM/UIM) coverage. This vital but often underappreciated part of modern personal injury recovery can cover medical bills, lost wages, and pain and suffering when the at-fault driver is unknown or uninsured. In hit-and-run cases, where mapping, surveillance footage, or witness testimony may be the only paths to identifying a perpetrator, UM/UIM coverage provides a crucial safety net.
Newsworthy Case Links and Narrative Integration
Recent high-profile cases highlight the ongoing challenges and legal complexities.
Katy Freeway wrong-way death and multi-vehicle collision (October 2025): A vivid example that highlights not only the tragic side of these crashes but also the need for legal diligence in investigating cause, liability, and fair compensation for victims. This story provides ongoing context for discussing criminal penalties, civil remedies, and insurance disputes.
Proactive steps are crucial for victims seeking justice and compensation. Victims of wrong-way and hit-and-run accidents should:
Alert Law Enforcement Immediately: Call 911 to report the accident, especially if there are injuries or significant property damage. Request a thorough police report, which provides a factual foundation for claims and is often required evidence for legal recovery.
Document the Scene: If safe to do so, take photos and videos of the accident scene, vehicle damage, road conditions, and any visible injuries. Collect contact information from witnesses.
Seek Medical Attention: Even if injuries seem minor, get a medical evaluation promptly. This creates an official record of your injuries and can prevent complications. Follow all recommended treatments.
Initiate Insurance Notification: Promptly file a claim with your own insurance provider and document every aspect of the incident, injuries, and financial losses. Be cautious when speaking with the at-fault driver’s insurance company.
Consult a Skilled Texas Personal Injury Attorney: An attorney can ensure evidence is preserved, legal deadlines are met, and all sources of compensation (including UM/UIM benefits) are aggressively pursued. They can also navigate complex comparative negligence arguments.
Leverage the Two-Year Statute of Limitations: Do not delay in seeking legal review. The two-year deadline for filing a lawsuit is strict, and delays risk lost evidence and missed recovery opportunities.
Legal and practical responses to wrong-way and hit-and-run crashes require a layered approach—criminal accountability for reckless offenders, assertive civil claims for victim recovery, and strong insurance planning for cases where perpetrators cannot be identified. By weaving current cases, statutory duties, and best legal practices into the discussion, victims and their families can find a path to justice and recovery in Texas courts.
If you or a loved one has been involved in a wrong-way or hit-and-run accident in Texas, don’t face the aftermath alone. Our experienced team at HLAW is dedicated to protecting your rights and guiding you through every step of the process. We offer free, no-obligation case evaluations and consultations—so you can understand your options without any upfront cost. And you never pay us unless we win compensation for you. Take control of your recovery today and contact Howard Lotspeich Alexander & Williams, PLLC to get the justice you deserve.
About the Author
Jesse J. Lotspeich is a seasoned trial attorney and partner at Howard Lotspeich Alexander & Williams, PLLC, where he leads the firm’s Personal Injury practice.
Raised in the small West Texas town of Crane, Jesse was instilled early with a strong work ethic and a sense of duty to others. After earning his B.A. cum laude from Howard Payne University and his J.D. from Texas Tech University School of Law, Jesse went to work in Fort Worth advocating for victims with serious injuries caused by the neglect of others.
Jesse specializes exclusively in personal injury litigation, and he carries that focus into every case—whether it’s catastrophic auto or trucking accidents, wrongful death, workplace injuries, or defective products. Known for being a staunch advocate in the courtroom, he personally handles depositions, case investigations, and all trial-level work, never shying from a fight on behalf of his clients.
Banned but Not Broken: Truck drivers texting behind the wheel are still a leading cause of serious accidents on Texas highways.
Distracted truck driving, particularly involving phones and electronic devices, is continuing to be a major and ever-growing problem on Texas highways. Annually, thousands of accidents across the U.S. involve large trucks, with a significant portion attributed to driver inattention. Here is an in-depth look at the issue, the legal rules that apply, and how injury victims can enforce their rights under Texas and federal law.
Distracted Driving: A National Crisis on Our Highways
In a recent year, distracted driving was a factor in over 3,100 traffic fatalities across the U.S.
While specific truck-only distracted driving statistics can vary, studies indicate that truck drivers are often involved in crashes where distraction is a contributing factor, with cell phone use being a leading cause.
The economic cost of crashes involving large trucks is substantial, running into billions of dollars annually, encompassing medical costs, lost productivity, property damage, and legal expenses.
These numbers highlight the urgent need for stricter enforcement, better driver education, and advanced preventative measures to combat this pervasive issue.
The Dangers of Distracted Truck Driving in Texas
Texas has witnessed an alarming rise in commercial truck crashes due to driver distraction. Truck drivers are increasingly involved in serious and fatal accidents caused by texting, app use, and other phone-related distractions. The sheer size and weight of commercial trucks mean that even minor distractions can lead to catastrophic outcomes. Just a four-second glance at a phone while driving 55 mph is enough for a truck to travel the length of a football field without looking at the road, dramatically increasing the risk of a catastrophic collision. The consequences can be devastating, leading to severe injuries, fatalities, and extensive property damage.
Understanding the Types of Distraction
Distracted driving is generally categorized into three main types, all of which pose significant risks for truck drivers:
Manual Distraction: This occurs when a driver takes one or both hands off the steering wheel to perform another task, such as reaching for a phone, adjusting a GPS, or eating. For truck drivers, this could include manipulating a CB radio, adjusting cargo, or reaching for paperwork.
Visual Distraction: This involves taking eyes off the road, even for a split second. Examples include looking at a phone screen, observing an accident on the roadside, or reading a map. For truck drivers, this might involve observing roadside billboards, checking mirrors excessively, or looking at a dispatch screen.
Cognitive Distraction: This is perhaps the most insidious, as it involves the driver’s mind wandering from the task of driving. Thinking about personal problems, engaging in intense conversations, or being preoccupied with a phone call (even hands-free) can significantly impair reaction time and decision-making. For truck drivers, this could involve intense route planning, worrying about delivery schedules, or engaging in complex mental calculations.
For truck drivers, who operate vehicles requiring constant attention and quick reflexes, any combination of these distractions can have dire consequences, especially given the longer stopping distances and larger blind spots of commercial vehicles.
Texas Law: Statutes Banning Distracted Driving
Texas Transportation Code § 545.4251 prohibits all drivers, including truckers, from using a portable wireless communication device to read, write, or send electronic messages while operating a motor vehicle, unless the vehicle is stopped. The law specifically bans texting, emailing, and using apps, even at red lights if the vehicle is in operation. This legislation was enacted to enhance road safety by directly addressing a leading cause of accidents. This legislation underscores Texas’s commitment to reducing preventable accidents and ensuring safer roads for all motorists.
The law provides a few exceptions, such as using a device for emergencies, navigation, or to report a crime or hazard. Novice drivers with a learner’s permit may not use a cell phone at all during the first six months of driving. Drivers under 18 are not permitted to use any wireless device, even hands-free, except in an emergency. All drivers are banned from using handheld devices in marked school zones, and school bus drivers carrying minors cannot use a device unless the bus is stopped or there’s an emergency.
Texting while driving is a primary offense, so police may stop and cite drivers solely for this violation. First-time offenders face fines between $25 and $99, with subsequent violations subject to fines of $100 to $200. Where a distracted driver causes a serious crash resulting in injury or death, the offense is elevated to a Class A misdemeanor with potential penalties of up to one year in jail and a $4,000 fine. Texas Transportation Code § 545.4251
Texas law strictly prohibits the use of portable wireless communication devices while driving.
Federal Rules: Truckers and Phone Use
Federal law establishes even stricter requirements for commercial vehicle operators. Under 49 CFR § 392.80, truck drivers are expressly prohibited from texting while driving. Under 49 CFR § 392.82, commercial vehicle drivers may not use hand-held cell phones to make a call, dial by pressing more than one button, or reach for a device in a way that requires moving from a seated driving position. These stringent federal regulations are in place due to the increased potential for severe harm when large commercial motor vehicles are involved in accidents, and to ensure uniformity across state lines for interstate commerce.
Truck drivers must use hands-free technology if they need to communicate. FMCSA violations carry steep penalties: drivers can be fined up to $2,750, while motor carriers can be fined up to $11,000 per violation if they permit or require drivers to break these rules. 49 CFR § 392.80, 49 CFR § 392.82
Preventative Measures and Industry Responsibility
While individual driver responsibility is paramount, trucking companies also bear a significant role in preventing distracted driving. Effective preventative measures include:
Robust Company Policies: Implementing clear, strict policies against cell phone use and other distractions while driving, with consistent enforcement to ensure compliance and accountability.
Driver Training and Education: Regular training programs that emphasize the dangers of distracted driving, the specific legal requirements, and safe driving practices, often incorporating real-world case studies.
In-Cab Monitoring Systems: Utilizing technologies like dashcams and driver-facing cameras that can detect and alert drivers to distracted behavior, providing real-time feedback and data for coaching and performance improvement.
Telematics and ELDs: Leveraging Electronic Logging Devices (ELDs) and telematics systems to monitor driving behavior, identify patterns of distraction, and ensure compliance with hours-of-service regulations, which can indirectly reduce fatigue-related distractions.
Hands-Free Technology: Providing and mandating the use of hands-free communication devices to ensure drivers can communicate safely when necessary, minimizing manual and visual distractions.
By adopting these measures, trucking companies can foster a culture of safety and significantly reduce the incidence of distracted driving among their fleet.
Civil Liability for Distracted Driving Truck Accidents
These statutes do more than penalize drivers—they serve as the legal standard of care in civil lawsuits for personal injury or wrongful death. When a truck driver violates Texas Transportation Code § 545.4251 or the FMCSA rules and an accident results, that violation is strong evidence of negligence under Texas law.
This legal principle, known as negligence per se, means a court can find a truck driver and their employer responsible purely based on proof of the law violation, simplifying the burden of proof for victims. This significantly streamlines the legal process for victims, as they primarily need to prove the violation occurred and directly caused their injuries, rather than having to establish the general standard of care. Attorneys for victims will subpoena crucial evidence such as cell phone records, app data, dashcam video, truck telematics (including Electronic Control Module/black box data), and eyewitness testimony to establish the violation and resulting harm.
Texas uses a comparative fault rule: injured victims may recover damages as long as they are not more than 50 percent responsible for the crash. Damages typically include medical bills, rehabilitation, lost wages and future income, pain and suffering, punitive damages for gross negligence, and, in fatal cases, wrongful death compensation. Texas Civil Practice & Remedies Code § 33.001
Case Law: How Texas Courts Handle Distracted Driving Claims
Texas appellate courts consistently uphold verdicts where injury victims prove a truck driver was distracted by a phone or other device. Courts rely heavily on a comprehensive array of evidence, including phone logs, GPS records, electronic data from the truck’s systems, and eyewitness testimony. The legal framework in Texas allows for both the distracted driver and the trucking company (under theories of vicarious liability or negligent entrustment/supervision) to be held accountable, exposing them to substantial civil liability when a clear link between distraction and causation is established.
Steps to Take After a Distracted Truck Crash
Crucial steps to take immediately following a distracted truck crash:
Call 911 and make sure law enforcement responds and fully documents the scene, including any observations of driver distraction.
Take photos and videos of the accident scene, vehicle damage, road conditions, and any visible evidence of phone or device use. Preserve physical and digital evidence, and get witness contact information.
Ask the investigating officer to look for signs and evidence of phone or device use by the truck driver and to include this in their report.
Contact a knowledgeable truck accident attorney immediately to secure cell phone records, electronic data (such as black box data), and company logs before evidence is lost or destroyed.
Cooperate with your medical providers and follow all treatment recommendations, which will help document your injuries for your legal case.
HLAW Holds Distracted Truck Driver’s Accountable
Distracted driving by truckers is preventable, is strictly prohibited by both Texas and federal law, and causes needless tragedy for countless families every year. The legal standards make it much easier for victims to prove liability when a commercial driver violates these straightforward cell phone and texting bans. If you or a loved one have suffered from a truck accident caused by distracted driving, taking immediate legal action is essential to protect your rights and secure the compensation you deserve.
At Howard Lotspiech Alexander & Williams, PLLC (HLAW) we have significant experience representing individuals who have been injured by distracted truck drivers. We know and understand the relevant statutes and regulations that form the foundation for holding distracted truck drivers accountable and we have a proven track record with complex evidence (such as cell phone data and black box records). HLAW will fight aggressively against big trucking companies and insurers. Let HLAW guide you through every step of your claim, stand up to the trucking industry, and help restore justice for you and your family.
Don’t let a distracted truck driver’s negligence ruin your future. Our experienced legal team is ready to provide the aggressive representation you need and get the justice you deserve. Because, skilled and experienced legal help can make all the difference when your future is on the line.
About the Author
Jesse J. Lotspeich is a seasoned trial attorney and partner at Howard Lotspeich Alexander & Williams, PLLC, where he leads the firm’s Personal Injury practice.
Raised in the small West Texas town of Crane, Jesse was instilled early with a strong work ethic and a sense of duty to others. After earning his B.A. cum laude from Howard Payne University and his J.D. from Texas Tech University School of Law, Jesse went to work in Fort Worth advocating for victims with serious injuries caused by the neglect of others.
Jesse specializes exclusively in personal injury litigation, and he carries that focus into every case—whether it’s catastrophic auto or trucking accidents, wrongful death, workplace injuries, or defective products. Known for being a staunch advocate in the courtroom, he personally handles depositions, case investigations, and all trial-level work, never shying from a fight on behalf of his clients.
Can Texans be charged with DWI while riding a horse? Our law firm explains what the law actually says about this surprising question.
Stories of Texans riding home after a night out—on horseback rather than behind the wheel—are becoming social media gold. And trust us, we’ve seen just about everything at Howard Lotspeich Alexander & Williams, PLLC (HLAW).
Texans riding horses after a night out often become social media sensations.
But what does Texas law actually say about intoxicated riders on horseback or other means of transportation? And, what penalties or criminal charges could you face in these unique situations?
“Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination thereof; or having a BAC of 0.08 or higher.”
The key is what counts as a “motor vehicle.”
Texas Penal Code §49.01(3) (by way of §32.34(2)) defines a motor vehicle as: “A device in, on, or by which a person or property is or may be transported or drawn on a highway, except devices used exclusively on stationary rails or tracks.”
Does a Horse Count as a Motor Vehicle in Texas?
Although a horse can transport people on a public highway, it is not a device in the mechanical sense. For this reason, courts and prosecutors in Texas should not treat intoxicated horseback riding as a DWI offense.
Other states differ widely. Florida, for instance, interprets “vehicle” broadly and has upheld DUI convictions for drunk horseback riders. California applies DUI laws to anyone riding an animal on a road. Texas maintains the stricter “motor vehicle” definition, so a DWI charge should not apply to riding a horse home aftera night out.
Related Offenses for Intoxicated Riders
But just because DWI doesn’t apply in Texas, that doesn’t mean you can ride your horse drunk without potential consequences:
“A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.”
This law applies no matter your mode of transport—horse, bicycle, or even walking.
Public intoxication laws apply regardless of your mode of transport.
Transporting a child while intoxicated, regardless of vehicle, can result in felony charges.
DWI Penalties for Motor Vehicles vs. Horseback
Motor vehicle DWI brings serious penalties in Texas:
First offense: Up to 180 days in jail, fines, and one-year license suspension.
Second offense: Fines, up to 1 year in jail, and two-year suspension.
Third offense: Heavy fines, 2-10 years in prison, and permanent record.
For drunk riders on horses, public intoxication is a class C misdemeanor, often punished with fines but still carrying potential criminal record consequences, especially if repeated or if other aggravating factors (like injury or animal abuse) are present.
If you’re operating a motorized boat while intoxicated, you will be charged with BWI, formally defined in Texas Penal Code §49.06.
Golf Carts & ATVs:
If it’s motorized and driven on a public roadway, you can absolutely be charged with DWI.
Bicycles:
Although unlikely, it is possible under the current broad definition of “motor vehicle” that someone who is intoxicated on a bicycle could possibly be charged with DWI. It’s most likely in that scenario the person would be charged with public intoxication or disorderly conduct.
In Texas, intoxication laws extend beyond cars to boats, golf carts, and potentially even bicycles.
Quick Reference Table
Transport
DWI?
Other Charges Possible
Statute Reference (Texas Penal Code)
Car/Truck/Motorcycle
Yes
–
§49.04, §49.01
Horse
No
Public intox., animal cruelty, child endangerment
§49.02, §42.092
Bicycle
Possibly
Most likely Public intox., Disorderly conduct
§49.02, §42.01
Golf Cart/ATV
Yes
–
§49.04
Boat
BWI
–
§49.06
Policy Rationale and Best Practices
Texas statutes draw a distinction based on public safety: motor vehicles present greater risk than horses, but intoxicated riders still face legal and even potential civil consequences. The law’s intent is to protect lives and property while recognizing unique Texas traditions.
Frequently Asked Questions
Q: Can I legally ride my horse home after drinking?
A: You shouldn’t be charged with DWI, but public intoxication, animal cruelty, or other charges could still result.
Q: What about riding a golf cart?
A: DWI absolutely applies if you’re operating any motor vehicle—including golf carts—on public roads.
Q: Is boating treated differently?
A: Yes, BWI is a separate criminal charge under Texas law.
Q: What if I cause a crash or injure someone on a horse?
A: Civil liability and criminal charges could still arise, even if DWI doesn’t technically apply.
Best Practices for Texans
Avoid operating any transport while impaired, motorized or not. If cited, consult a qualified defense attorney; definitions matter greatly for your future record. Educate yourself on the DWI statute and related laws (see more articles from our website about DWI). Remember that public intoxication, animal cruelty, child endangerment, and even reckless driving can have life-altering consequences. Always prioritize safety and responsible decision-making when it comes to operating any form of transport.
Bottom line
While you can’t get a DWI on a horse in Texas, you can be prosecuted for public intoxication, animal endangerment, and related offenses. Public safety—and your legal future—deserve attention.
Charged or Arrested? What To Do
If you are cited or arrested for any intoxication offense (or related criminal offense), whether DWI, BWI, or public intoxication, contact our qualified and experienced defense attorneys immediately. Legal definitions matter and so does your defense— and an experienced lawyer can protect your record.
At Howard Lotspeich Alexander & Williams, PLLC (HLAW) we offer free case evaluations and consultations. If you find yourself in a situation where you’ve been charged with a crime, contact our office today to get started on your best defense with a team that is experienced and proven.
The unseen impact: Psychological injuries often follow physical trauma.
Emotional distress and PTSD are real injuries after Texas car accidents—know your rights under 2025 law.
Car accidents don’t just leave visible wounds. For thousands of Texans each year, the problems begin long after bones have mended and bruises faded. Psychological injuries—like post-traumatic stress disorder (PTSD), anxiety, depression, insomnia, and crippling fear—are among the most overlooked and hardest-fought elements of any personal injury claim. Yet Texas law allows victims to be compensated for these “invisible injuries,” so long as they’re properly documented and presented.
Defining Emotional Distress and PTSD Under Texas Law
What Is Emotional Distress?
In Texas, emotional distress is legally described as “mental anguish,” which the Texas Civil Practice & Remedies Code § 41.001(12) defines as “a high degree of mental pain and distress” accompanying or following a traumatic event. Unlike casual or passing sadness, real mental anguish creates a substantial disruption in a person’s routine, affecting work, relationships, and enjoyment of life.
The Distinction Between Emotional Distress and Mental Anguish
Though the terms are often used interchangeably, Texas law differentiates them. “Emotional distress” can include everyday psychological effects like fear and stress, while “mental anguish” is more severe, involving symptoms that result in major life changes or chronic suffering.
To succeed in a mental anguish claim, it’s not enough to prove you were worried or sad. Plaintiffs must show a profound and lasting disruption to their way of life, backed by evidence.
As a matter of policy, Texas law typically requires a physical injury before non-economic damages (like emotional distress) are available. However, two critical exceptions exist:
In most routine car accident claims, some evidence of physical injury—no matter how minor—is necessary to prevail on an emotional distress claim.
Pure Emotional Harm: When the Rule is Relaxed
Where a defendant’s conduct is willfully malicious, or where a plaintiff is a close witness to a traumatic event (such as a parent seeing a child’s injury), Texas courts allow recovery even in the absence of physical harm. However, these cases are rare and face a high evidentiary threshold.
Symptoms and Diagnosis: What to Watch For
Common Psychological Injuries After Texas Car Accidents
Post-Traumatic Stress Disorder (PTSD): Marked by flashbacks, nightmares, hyper-vigilance, emotional numbness, as diagnosed by the DSM-5 criteria.
Anxiety and Panic Disorders: Including racing thoughts, sudden fear, avoidance behaviors, uncontrollable worry.
Depression: Ranging from persistent sadness to loss of motivation, feelings of hopelessness, suicidal thoughts.
Sleep Disorders: Insomnia, nightmares, frequent waking, sleep avoidance due to fear of reliving the crash.
Phobias: Especially vehophobia (fear of driving or riding in vehicles).
Chronic Mood Swings: Irritability, angry outbursts, withdrawal from social connections.
Why Early Detection Is Critical
Unaddressed psychological injuries rarely resolve on their own. In fact, early symptoms can easily be missed, downplayed, or misinterpreted by loved ones or medical providers. Prompt assessment by mental health professionals—psychologists, psychiatrists, licensed counselors—is crucial. Not only does this accelerate healing, it also generates documentation essential for a successful legal claim.
Proving Emotional Distress: The Texas Standard
Evidence Required
Insurance companies—and Texas courts—demand robust proof when it comes to claims for PTSD and emotional harm. Evidence includes:
Medical records: Therapy notes, diagnoses, treatment plans
Letters or testimony from licensed therapists or psychiatrists: Establishing a direct connection to the crash
Prescription records: For anti-anxiety, antidepressant, or sleep medications
Workplace records: Documenting lost time and diminished performance
Witness statements: Observations from friends, family, coworkers
Personal journals: Daily tracking of symptoms, emotional struggles, changes over time
Objective proof: Missed milestones, changed routines, breakdown in relationships
Expert testimony: Qualified mental health experts can critically support causation and prognosis.
The “Substantial Disruption” Test
Texas courts are clear: you must prove that emotional distress caused a significant, not trivial, impact on your ability to function. Passing anxiety or occasional fear is not enough. Evidence should relate to:
“Mental anguish means a relatively high degree of mental pain and distress that is more than mere disappointment, anger, resentment, or embarrassment, although it may include all of these, and is such that it produces a substantial disruption in the daily routine of the plaintiff.”
Reduced earning capacity (where psychological injuries are disabling)
Anticipated future medical/mental health costs.
Non-Economic Damages
Pain and suffering (including both physical and psychological trauma)
Loss of enjoyment of life, hobbies, and family interaction
Loss of consortium (impact on marriage or close relationships)
Diminished quality of life due to chronic mental health problems
Damages for disfigurement and the resulting psychological trauma
Punitive Damages
Awarded in claims of extreme recklessness, gross negligence, or intentional infliction of harm. These are rare but important in precedent-setting cases or when the defendant’s conduct shocks the conscience.
Common Hurdles in Psychological Injury Claims
Navigating the common obstacles in psychological injury claims.
1. Delayed Onset of Symptoms
PTSD and related psychological problems may not arise until weeks or months post-accident. This delay allows insurers to argue alternative causes or deny connection to the crash. Consistent, early documentation is crucial to linking the symptoms to the original trauma.
2. Pre-existing Conditions
If you had a history of mental health problems prior to the crash, insurers often try to “blame” your symptoms on those. Under the “eggshell plaintiff” doctrine, Texas still allows compensation for mental anguish if the accident exacerbated a pre-existing condition, but medical and legal evidence becomes even more important.
3. Lack of Objective Evidence
Unlike broken bones, psychological injuries are not easily photographed or scanned on x-rays. That’s why Texas law places a high value on reports from professionals, contemporaneous counseling records, and outside testimonials.
Steps for Building a Strong Claim
1. Early Diagnosis and Documentation
Seek prompt mental health treatment, whether via emergency counseling, therapy, or psychiatric evaluation. Ask your provider to keep detailed notes about the cause and duration of your symptoms, changes in behavior, and prognosis.
2. Maintain Comprehensive Written Records
Personal journals, symptom trackers, and appointment logs can all be admitted as evidence and help substantiate your experience. Encourage family and close friends to provide statements regarding changes noticed since the accident.
3. Engage Qualified Experts
Select a personal injury attorney well-versed in psychological and PTSD claims in Texas. Your legal team should secure testimony from medical experts who can directly link the trauma, even when symptoms are subtle or delayed.
4. Communicate All Symptoms
Be candid and thorough about nightmares, panic attacks, mood swings, and functional impacts, even if they seem minor. “Hidden” injuries form a critical part of your claim.
5. Don’t Let Insurers Minimize Real Suffering
Never accept a settlement without reviewing the true long-term costs—therapy may last years, and trauma may resurface after stressful triggers or events.
Practical Examples and Settlements
Texas verdicts and settlements for PTSD and emotional distress vary widely depending on the severity, documentation, and facts. Substantial recoveries typically occur where:
A crash leads to lifelong disability and severe PTSD
The victim is unable to return to work due to panic attacks or depression
Severe psychological harm disrupts marriage, parenting, or close relationships
Vetted cases and public settlements demonstrate that sustained, well-documented emotional injuries can result in six- and even seven-figure damage awards, especially when supported by expert psychiatric testimony.
Frequently Asked Questions About Emotional Distress Claims
Can I bring a claim if I didn’t see a therapist?
You can file, but without professional documentation or evaluation, success is unlikely. Insurers and courts require medical evidence to establish both severity and causation.
What’s the difference between pain and suffering versus emotional distress?
“Pain and suffering” is a broad term covering all non-economic damages (physical and mental). “Emotional distress” focuses only on the psychological effects.
Does the type of accident matter?
Serious, multi-car, or catastrophic crashes are more likely to result in recognized mental anguish. Proof is still necessary in all cases—minor accidents with severe psychological sequelae must be well-documented.
Partnering with an experienced attorney ensures your rights are protected. Emotional trauma is real, lasting, and compensable under Texas law for car accident victims. Successful claims require early intervention, expert diagnosis, thorough documentation, and an experienced personal injury law firm ready to fight for holistic recovery.
Victims shouldn’t let skepticism about “invisible injuries” keep them from pursuing justice. By partnering with a knowledgeable Texas personal injury attorney, you ensure your story is told—and your rights protected—both in settlement talks and, if needed, before a Texas jury.
At HLAW, our attorneys have the experience and knowledge to help you through one of life’s toughest challenges – recovering from an accident and injury that was never your fault. Victims of car wrecks don’t choose to be put in that position, but having compassionate but aggresive representation can help. Contact our office today for a free case evaluation and consultation. We’re here to help you move forward and get the justice you deserve.
Uncover the hidden costs of Texas freight broker liability. Understand trucker broker liability and make informed decisions for your trucking business today!
Grieving family receives guidance from experienced wrongful death attorneys in Tarrant County.
Securing experienced legal support after a loved one’s wrongful death in Tarrant County demands both compassion and expertise.
In this guide, you will learn who is eligible to file a claim, the critical two‐year deadline under Texas law, the full range of economic and non-economic compensation, how to prove negligence, the distinction between wrongful death and survival actions, a step-by-step overview of the claims process, and why Howard Lotspeich Alexander & Williams, PLLC‘s approach in Fort Worth delivers trusted advocacy. By the end, you will understand both your legal rights under Chapter 71 of the Texas Civil Practice and Remedies Code and how compassionate representation on a contingency-fee basis can help grieving families move forward.
Who Can File a Wrongful Death Claim in Texas?
Only specific close relatives and estate representatives may pursue compensation when negligence or wrongful acts cause a fatality. Eligible parties include the surviving spouse, all children (biological or legally adopted), and parents of the deceased. If none of these immediate family members files within three months of appointment, an appointed executor or administrator of the deceased’s estate may step in, provided no eligible family member objects.
Eligible parties share a direct relationship to the decedent and a legal interest in pursuing damages. Establishing this relationship often requires certified birth, marriage, or adoption records. In rare situations, such as when no spouse, child, or parent survives, the estate representative’s authority becomes paramount, ensuring that the claim proceeds on behalf of all potential beneficiaries.
Surviving spouse of the deceased
All children, including legally adopted offspring
Biological or adoptive parents
These defined roles guarantee that those most affected can seek justice and financial recovery, laying the groundwork for pursuing compensation in subsequent stages.
What Is the Statute of Limitations for Wrongful Death Claims in Texas?
In Texas, wrongful death lawsuits must generally be filed within two years of the date of death. This deadline arises directly from Chapter 16 of the Texas Civil Practice and Remedies Code and applies to all wrongful death claims unless a specific exception intervenes. Missing this two-year cutoff typically bars any legal action, making early consultation with an attorney essential.
Three principal exceptions extend or modify the filing period. First, a minor beneficiary under age 18 may file within two years of turning 18. Second, if the claimant is incapacitated by unsound mind, the two‐year clock does not start until the disability is removed. Third, in “delayed discovery” cases—where the negligent act was not immediately known—the statute may begin on the date the injury was discovered or reasonably should have been discovered.
Exception Type
Trigger Event
Filing Extension
Minor Beneficiary
18th birthday of minor
2 years from that birthday
Mental Incapacity
Restoration of sound mind
2 years from restoration
Delayed Discovery
Date negligence becomes known
2 years from discovery date
These extensions guard against unfair dismissal of claims when strict deadlines clash with real-world impediments, ensuring wrongful death actions remain viable under equitable circumstances.
Texas Civil Practice & Remedies Code Chapter 71 for Wrongful Death Claims brought under Chapter 71 of the Texas Civil Practice and Remedies Code are often complex and require careful consideration of the specific facts and circumstances of each case.
What Types of Damages Can You Recover in a Texas Wrongful Death Lawsuit?
A Texas wrongful death claim can recover three primary categories of damages: economic, non-economic, and exemplary (punitive). Economic damages compensate measurable financial losses, non-economic damages address emotional harm, and exemplary damages punish particularly reckless or malicious conduct.
Economic damages encompass tangible losses resulting directly from the death. Non-economic damages recognize intangible suffering. Exemplary damages may be awarded when evidence shows gross negligence or willful misconduct. Recovering the full spectrum of compensatory relief requires careful documentation of expenses and emotional impacts, with exemplary awards reserved for truly egregious cases.
Damage Category
Description
Examples
Economic
Financial losses with objective proof
Lost income, medical bills, funeral expenses
Non-Economic
Subjective harm affecting quality of life
Mental anguish, loss of companionship, comfort
Exemplary (Punitive)
Punishment for gross negligence or malice
Jury-awarded fines beyond compensatory losses
Although Texas imposes no general cap on compensatory damages, special limits apply when suing government entities or in certain medical-malpractice scenarios. Understanding each damage type helps grieving families obtain full and fair compensation.
How Do You Prove Negligence in a Tarrant County Wrongful Death Case?
Proving negligence in a wrongful death action requires establishing four elements: duty, breach, causation, and damages. Duty refers to a legal obligation the wrongdoer owed the deceased. Breach demonstrates how the duty was violated. Causation connects the breach directly to the death, and damages quantify the resulting losses.
Compelling evidence often includes official accident or death reports, eyewitness statements, medical records, and expert testimony—such as reconstruction specialists or medical examiners. Documentation of the decedent’s lost earning capacity and family testimony regarding emotional suffering further solidifies the claim. Clear demonstration of each element under Texas law increases the likelihood of a favorable settlement or verdict.
Official incident or police reports establishing fault.
Witness affidavits detailing reckless or negligent acts.
Expert opinions quantifying causation and damages.
Financial records proving income loss and expenses.
Meticulous preparation of legal filings and evidence collection ensures each negligence element is fully supported, creating a persuasive narrative for compensation.
What Is the Difference Between Wrongful Death and Survival Action in Texas?
Wrongful death and survival actions serve related but distinct purposes under Texas law. A wrongful death claim compensates surviving family members for losses caused by the decedent’s passing. By contrast, a survival action allows the decedent’s estate to recover damages the deceased endured from injury until death.
Wrongful death awards flow to the spouse, children, or parents and address economic and emotional harms to survivors. Survival action proceeds become part of the estate and can include medical expenses and lost wages the decedent incurred before dying. Filing both claims concurrently often maximizes overall recovery by addressing separate harms accruing before and after death.
Claim Type
Beneficiary
Scope of Recovery
Purpose
Wrongful Death
Spouse, children, parents
Economic & non-economic losses of survivors
Compensate survivors for their loss
Survival Action
Decedent’s estate
Pre-death expenses and suffering
Restore estate for losses up to time of death
Understanding these complementary actions allows families and estate representatives to pursue every available remedy under Chapter 71 and Chapter 71A of the Texas Civil Practice and Remedies Code.
What Is the Wrongful Death Claim Process in Tarrant County?
The wrongful death process in Tarrant County begins with preserving key evidence and securing legal counsel. First, families should immediately document accident scenes, collect witness information, and obtain medical and police records. Next, an attorney conducts a thorough investigation to assess liability and damages.
Once the evidence is assembled, the attorney prepares and files a petition in the appropriate Tarrant County district court before the two-year deadline. Discovery follows, during which both sides exchange information. Settlement negotiations or mediation typically occur next, aiming to resolve the claim without trial. If no fair agreement emerges, the case proceeds to a jury trial for final resolution.
Preserve evidence and contact experienced counsel.
File petition in Tarrant County district court.
Engage in discovery and document exchanges.
Conduct settlement negotiations or mediation.
Proceed to trial if necessary.
Families can expect periodic status updates, assistance with administrative tasks, and compassionate guidance throughout each phase, ensuring clarity during a challenging time.
Why Choose the HLAW Law Firm for Wrongful Death Cases in Fort Worth?
HLAW Law Firm combines decades of wrongful death expertise with a faith-guided, compassionate approach that honors grieving families. Our attorneys have secured substantial recoveries for Tarrant County clients in vehicle collisions, workplace tragedies, and medical negligence cases. By focusing on personalized service and attentive communication, we guide clients through each legal milestone with empathy and professionalism.
Operating on a contingency-fee basis, HLAW Law Firm ensures that families never face upfront legal costs while pursuing justice. Our local knowledge of Fort Worth courts, relationships with experts, and commitment to ethical advocacy differentiate our firm. Community testimonials consistently highlight our responsiveness, trial-tested skill, and unwavering support during the most difficult periods.
Experienced trial attorneys with deep Tarrant County roots
Faith-guided counsel that respects your family’s values
No-fee-unless-we-win contingency structure
With HLAW Law Firm by your side, you gain both seasoned legal strategy and compassionate guidance tailored to Fort Worth families.
Grieving families deserve both legal skill and heartfelt support when seeking compensation for a wrongful death. By understanding eligibility, deadlines, damages, proof requirements, claim types, and procedural steps, you can confidently pursue justice. When you partner with BHW Law Firm, you secure dedicated advocacy on a contingency-fee basis—so you can focus on healing while we focus on your case.
Texas Truck Accident Liability: A Complete Guide to Commercial Truck Accident Liability Laws
When an 18-wheeler crashes on Texas roads, commercial truck accident liability laws determine who is responsible for injuries, losses, and property damage.
Understanding who is responsible after a commercial truck accident can be complex. Our Fort Worth attorneys explain how Texas liability laws apply to trucking crashes.
Victims often face intricate federal regulations and state statutes while grappling with escalating medical expenses and lost income. This guide offers straightforward explanations of how fault is determined, Federal Motor Carrier Safety Administration (FMCSA) requirements, proving negligence, and available compensation options—all within the framework of Texas law. You’ll discover which parties can be held accountable, how to gather crucial evidence, what damages you can seek, and how Howard Lotspeich Alexander and Williams, PLLC provides skilled legal support to injured drivers and passengers. Continue reading to explore:
Methods for proving negligence and navigating comparative fault
Economic and non-economic damages you can recover
The vital role of a dedicated Texas truck accident attorney
Common accident causes and current Texas crash trends
Who Bears Liability for a Commercial Truck Accident in Texas?
Pinpointing liability in a Texas commercial truck accident involves scrutinizing negligent actions and legal obligations. Liability arises when a driver, carrier, manufacturer, or another party fails to uphold their duty of care and causes harm. For instance, a driver who exceeds federal Hours of Service limits due to fatigue may be considered negligent per se under FMCSA regulations. Establishing fault often relies on driver logs, vehicle inspection reports, and maintenance records. Understanding these legal principles and how they apply to each involved entity is fundamental to holding responsible parties accountable.
The following parties are most frequently held liable after a Texas 18-wheeler collision:
The truck driver for violations such as speeding, distracted operation, or Hours of Service (HOS) violations
The trucking company for issues like negligent hiring, insufficient training, maintenance lapses, or vicarious liability
The cargo loader for failing to properly secure freight, leading to shifts in the load
The manufacturer of defective components like brakes, tires, or steering systems
The vehicle maintenance provider for substandard repairs or inadequate inspections
A government entity responsible for unsafe road design or insufficient signage
Each of these parties can face claims under both state and federal laws, clearing the path toward obtaining full compensation.
What Role Do Truck Drivers Play in Truck Accident Liability?
Truck drivers are at the forefront of commercial vehicle safety and can be held liable for negligence if their actions violate federal or state regulations. A truck driver can be found liable due to speeding, distracted driving (such as texting), operating under the influence, or failing to adhere to FMCSA Hours of Service (HOS) limits. When driver logs reveal violations, the doctrine of negligence per se may apply, simplifying the process of proving fault. A driver’s decisions have a direct impact on the risk of a crash and an accident victim’s eligibility for compensation.
How Are Trucking Companies Held Accountable Under Texas Law?
Trucking companies can be held liable for negligent hiring practices, inadequate training programs, poor vehicle maintenance, and failure to enforce FMCSA regulations. Under the principle of vicarious liability, employers are responsible for the misconduct of their drivers while on duty. Texas House Bill 19 further complicates company liability by requiring a two-phase trial process that separates evidence of negligence from evidence of damages. Carriers must demonstrate robust compliance programs to avoid full accountability for accidents.
Which Other Parties Can Be Held Liable in Texas Truck Accidents?
In addition to drivers and carriers, other parties such as cargo loaders, parts manufacturers, and maintenance contractors may share liability for a truck accident. Cargo loaders are responsible when improperly secured freight shifts, leading to a loss of vehicle control. Defective brake systems, faulty tires, or steering failures can implicate manufacturers. Maintenance shops and mechanics may face negligence claims if inspection records indicate that safety defects were ignored.
How Does Texas House Bill 19 (HB19) Impact Trucking Company Liability?
Texas House Bill 19 mandates a bifurcated trial for claims against trucking companies, where negligence is determined first, followed by damages. This law, effective September 2021, restricts the discovery of financial and punitive evidence until liability is established in the first phase. This procedural change encourages streamlined defenses and may delay victims’ access to carriers’ safety records until after fault has been determined.
What Are the Key FMCSA Regulations Affecting Truck Accident Claims in Texas?
Federal Motor Carrier Safety Administration (FMCSA) regulations govern the operations of commercial trucks and significantly influence liability claims in Texas. Key FMCSA rules address Hours of Service limits to prevent driver fatigue, mandate regular vehicle maintenance and inspections to ensure roadworthiness, establish drug and alcohol testing protocols to deter impairment, and set cargo securement standards to prevent load shifts. Violations of these regulations provide strong evidence for negligence per se claims, increasing the accountability of carriers and drivers in court.
Essential FMCSA requirements include:
Hours of Service (HOS) regulations governing driving and on-duty rest periods
Regular maintenance inspections and detailed repair documentation
Pre-employment, post-accident, and random drug and alcohol testing procedures
Cargo securement rules for trailers, containerized freight, and bulk loads
Strict adherence to these standards directly impacts how fault is determined and the outcomes of compensation claims.
How Do Hours of Service (HOS) Rules Influence Liability?
Hours of Service rules limit truck drivers to 11 hours of driving within a 14-hour on-duty period and require a 30-minute break after eight hours of driving. Exceeding these limits constitutes a federal violation and supports a negligence per se claim. Data from electronic logging devices (ELDs) often provides irrefutable evidence of HOS violations and driver fatigue, strengthening victims’ cases.
What Are the Vehicle Maintenance and Inspection Requirements?
The FMCSA requires carriers to conduct daily pre-trip and post-trip inspections, document any identified repair issues, and perform comprehensive periodic maintenance. Failing to follow these inspection schedules or to record necessary repairs can be used to demonstrate negligence in maintaining safe equipment. Maintenance logs serve as critical proof that carriers neglected their legal duty of care.
How Do Drug and Alcohol Testing Regulations Affect Liability?
Mandatory drug and alcohol testing following certain safety-sensitive events, including accidents, can establish negligence per se if testing protocols are violated or results are concealed. Testing procedures cover pre-employment, random screenings, reasonable suspicion evaluations, and post-accident assessments. Noncompliance with these testing regulations strengthens a negligence case against both the driver and the carrier.
What Is the Role of Cargo Securement Rules in Truck Accident Liability?
Cargo securement regulations mandate that freight be properly blocked, braced, and fastened to prevent movement during transit. Violations, such as missing straps or overloaded trailers, can cause cargo shifts that destabilize the vehicle. Evidence of improper securement directly establishes liability for cargo loaders and carriers under FMCSA guidelines.
A violation of a specific safety statute designed to prevent accidents can lead to a finding of negligence per se, simplifying the burden of proof for injured parties.
Example: Negligence Per Se in Texas Truck Accidents: Statute Violations and Liability In Texas, the law requiress vehicles approaching a railroad crossing to stop not closer than 15 feet or father than 50 feet from the nearest rail…” A Texas Court theld that that a driver’s failure to comply with the statute constituted negligence per se. Negligence per seis a legal doctrine that allows a court to treat the violation of a statute or ordinanceas automatically constituting a breach of the duty of care, rather than requiring the plaintiff to prove that the defendant acted unreasonably.
How Is Negligence Proven in Texas Commercial Truck Accident Lawsuits?
Demonstrating negligence in Texas commercial truck accident lawsuits requires proving that a breach of duty directly caused harm. Evidence typically includes electronic logging device (ELD) records, black box data, maintenance and inspection logs, police accident reports, and witness testimonies. Presenting clear causation between regulatory violations and the resulting injuries is key to a successful claim.
Type of Evidence
Purpose
Example
ELD / Black Box Data
Confirms Hours of Service compliance
Logs showing HOS overages
Maintenance Logs
Details inspection and repair history
Missing entry for brake repair
Police Crash Reports
Provides official accident details
Officer’s assessment of fault
Witness Statements
Corroborates events and driver behavior
Eyewitness account of speeding
What Types of Evidence Are Crucial for Establishing Fault?
The most critical types of evidence include ELD data, black box recordings, maintenance and inspection logs, police crash reports, and cargo loading documentation. Collectively, this evidence demonstrates regulatory noncompliance, equipment failures, and driver misconduct.
How Does Texas’ Modified Comparative Negligence Rule Affect Claims?
Under Texas’ modified comparative negligence rule, an injured party can only recover damages if they are found to be 50 percent or less at fault for the accident. Any compensation awarded will be reduced by the injured party’s percentage of fault. If a plaintiff is determined to be more than 50 percent responsible, they are barred from recovering any damages.
What Are the Different Legal Theories: Negligence, Vicarious Liability, and Negligence Per Se?
Negligence is based on proving that a party breached a duty of care, causing harm. Vicarious liability holds employers responsible for the actions of their employees within the scope of employment. Negligence per se occurs when a violation of a statute, such as an FMCSA rule, directly results in injury. Each of these theories offers a distinct pathway to establishing fault in truck accident cases.
What Damages Can Victims Recover in Texas Truck Accident Cases?
Victims of commercial truck accidents in Texas may be entitled to recover both economic and non-economic damages to compensate for their losses and suffering. Economic damages cover tangible financial losses, such as medical expenses, lost wages, and property damage. Non-economic damages address intangible losses like pain and suffering, emotional distress, and loss of consortium. In cases of wrongful death, additional damages may include funeral expenses and loss of support for surviving family members, as defined by state statutes.
Category of Damages
Examples
Purpose
Medical Expenses
Emergency care, rehabilitation services
Covers all past and future medical treatment costs
Lost Income
Wages, benefits, loss of future earning capacity
Compensates for income lost due to the injury
Property Damage
Vehicle repair or replacement costs
Restores the value of the damaged property to its pre-crash condition
Pain & Suffering
Physical pain, emotional trauma, mental anguish
Addresses subjective, non-economic harm experienced by the victim
Wrongful Death Losses
Funeral costs, loss of financial support for survivors
Provides for the economic needs of the deceased’s family
What Are Economic Damages in Truck Accident Claims?
Economic damages encompass all quantifiable financial losses, including medical bills, prescription costs, physical therapy expenses, lost wages, loss of future earning capacity, and costs associated with vehicle repair or replacement. Each of these items must be documented and itemized to clearly demonstrate the actual financial losses incurred.
What Are Non-Economic Damages?
Non-economic damages are intended to compensate for losses that are not easily quantifiable in monetary terms. These include compensation for pain and suffering, mental anguish, emotional distress, and a diminished quality of life. While intangible, these losses are assessed through detailed testimony and established legal guidelines.
How Are Wrongful Death Claims Handled in Texas Truck Accidents?
Wrongful death lawsuits allow surviving family members to seek compensation for funeral and burial expenses, the loss of companionship and support from the deceased, and potential inheritance losses. Texas statutes specify who is eligible to file such claims and outline limitations on certain non-economic damages.
How Can a Texas Truck Accident Lawyer Help You Navigate Liability Laws?
A lawyer specializing in Texas truck accidents brings extensive knowledge of state and federal regulations to guide victims through the complexities of liability. By meticulously investigating crash scenes, securing critical data from ELDs and black boxes, examining maintenance records, and interviewing witnesses, an attorney can construct a robust liability case. Familiarity with Texas HB19 and comparative negligence rules ensures strategic navigation through each phase of the legal process.
At Howard Lotspeich Alexander and Williams, PLLC (HLAW), we possess significant experience in preserving vital evidence and negotiating with insurance companies to maximize compensation for our clients. Our compassionate approach ensures you remain informed throughout the process, while we aggressively pursue fair outcomes.
What Is the Importance of Legal Expertise in Complex Truck Accident Cases?
Legal expertise is crucial for correctly identifying all applicable FMCSA rules, Texas Transportation Code provisions, and civil practice statutes. Experienced attorneys can anticipate the defenses that trucking companies may present, effectively counter comparative fault arguments, and clearly articulate liability theories to judges and juries.
How Does a Lawyer Identify All Liable Parties?
Through thorough accident reconstruction, detailed review of maintenance logs, inspection of cargo securement records, and analysis of hiring and training documentation, attorneys can uncover additional parties who may share liability, such as shippers, manufacturers, or maintenance firms.
What Are the Benefits of Hiring Howard Lotspeich Alexander and Williams, PLLC?
Clients benefit from our firm’s proven history of success in 18-wheeler crash litigation, our unwavering commitment to comprehensive evidence preservation, and our personalized advocacy. Our deep understanding of Texas truck liability laws and FMCSA regulations positions victims to achieve the best possible recovery.
What Are Common Causes and Contributing Factors in Texas Truck Accidents?
Speeding, distracted driving, driver fatigue, mechanical failures, and improper cargo loading are primary factors contributing to truck crashes in Texas. Speeding reduces a driver’s reaction time and intensifies the impact of collisions. Distracted driving, whether from mobile devices or other in-cab activities, impairs hazard recognition. Fatigue resulting from Hours of Service violations significantly increases the risk of accidents. Mechanical malfunctions, such as brake failures or tire blowouts, often stem from inadequate maintenance, while unsecured freight can shift, destabilizing the vehicle.
Common contributing factors include:
Excessive speed on both highways and urban roads
Use of mobile devices or other in-cab distractions
Hours of Service violations leading to drowsy driving
Defective vehicle parts or deferred maintenance
Improperly secured cargo causing load shifts
How Do Speeding and Distracted Driving Contribute to Liability?
Both speeding and distracted driving constitute a breach of the duty of care by increasing the risk and severity of accidents. The FMCSA and Texas law classify these behaviors as negligence, with evidence from GPS data, witness accounts, and accident reconstructions supporting claims of fault.
What Is the Impact of Fatigued Driving and Hours of Service Violations?
Driver fatigue significantly impairs alertness and reaction times, directly causing many severe truck accidents. FMCSA HOS logs document these violations, providing strong legal grounds for negligence per se claims against both drivers and carriers.
How Do Defective Parts and Improper Cargo Loading Lead to Accidents?
Mechanical defects, such as worn brake pads or faulty steering components, can lead to critical system failures while the vehicle is in operation. Similarly, unsecured or overloaded cargo can shift, altering the vehicle’s weight distribution and potentially triggering rollovers or jackknife accidents, thereby implicating loaders and shipping entities in liability.
Understanding the complexities of cargo securement is crucial, as improper loading can lead to severe accidents and implicate multiple parties in liability.
Motor Carrier Crashes: FMCSA Inspection Violations and Load Securement
This paper is the fourth paper in a series of papers that analyzed results from a major damage assessment study that examined challenges products endure during shipping and handling in the mixed-load and less-than-truckload (LTL) logistics environments. The previous three papers are specific to various commodities, such as televisions, appliances, furniture, machinery, doors and windows, and paint products. These products are known to represent high levels of freight damage and corresponding claims to carriers. Products of different sizes and weights are loaded into trailers using various methods both mechanical and manual, by various algorithms to best weigh or cube out a trailer efficiently. However improper loading and lack of load securement inside the trailer can result in damage to both packages and the products they contain, and can lead to subsequent injury during unloading. The paper discusses improperly loaded trailers, and recommends proper loading methods.
Insights into motor carrier crashes: a preliminary investigation of FMCSA inspection violations, Y Gao, 2021
The historical context of cargo securement liability reveals a shift from carrier-centric responsibility to a more diffused model involving shippers and third-party logistics providers.
Texas Truck Accident Liability: Shipper and Carrier Cargo Securement Laws.
Under Texas law, cargo securement duties are informed by FMCSA regulationsadopted in Texas (49 C.F.R. Part 393, Subpart I; 37 Tex. Admin. Code § 4.11). Courts frequently apply the Savage rule, under which the carrier bears the primary duty for safe loading, while a shipperthat loads may be liable for latent, non-observable defectsit creates. Recent cases and commentary reflect that fault can be allocated among multiple actors(shipper, carrier, third-party loaders) under general negligence and comparative fault principles, rather than placed exclusively on one party.
What Are Recent Trends and Statistics in Texas Commercial Truck Accidents?
Texas consistently ranks highest in the nation for commercial truck crashes and fatalities, with over 35,000 reported incidents and more than 600 deaths in 2023 alone. Recent data indicates that speeding contributed to 38 percent of these crashes, distracted driving accounted for 28 percent, and intersections remained the most frequent site of collisions, accounting for 32.76 percent. Projections through 2025 suggest a continued rise in accident rates, driven by increasing freight volumes, the emergence of challenges related to autonomous truck technology, and persistent gaps in regulatory compliance. These trends highlight the critical need for thorough liability analysis and proactive legal representation.
Year
Crashes Reported
Fatalities
Key Trend
2022
34,150
585
Increased HOS violations observed
2023
35,000+
600+
Rising rates of speeding and confusion with automation
2024
36,200 (estimated)
620 (estimated)
Intersection accidents continue to be the most common type
How Has Texas Become a Leader in Truck Accident Fatalities?
A combination of heavy freight traffic, extensive rural highway networks, and insufficient rest areas contributes to driver fatigue and risky driving behaviors. Challenges in regulatory enforcement and the rapid growth of the trucking industry further increase the exposure to potential crashes.
What Are the Projected Trends for Trucking Accidents Through 2025 and Beyond?
Freight demand is anticipated to increase by over 22 percent by 2030. Simultaneously, the integration of autonomous systems and AI introduces new regulatory and safety complexities. Without enhanced compliance measures, accident rates are likely to continue their upward trajectory.
How Do Accident Locations Like Intersections Affect Liability Cases?
Collisions at intersections often involve intricate fault determinations, as both drivers and carriers may dispute right-of-way and braking capabilities. Detailed traffic signal data, analysis of skid marks, and witness interviews are essential for clarifying liability in these high-risk scenarios.
Victims dealing with the aftermath of a commercial truck crash require clear guidance on liability and compensation.
By understanding the roles of various parties, key FMCSA regulations, methods for proving negligence, and options for recovering damages, injured Texans can pursue fair outcomes. Expert legal counsel from Howard Lotspeich Alexander and Williams, PLLC ensures that every legal avenue is explored—from securing crucial black box data to advocating under Texas HB19—to maximize your recovery and hold those at fault accountable.
Contact Howard Lotspeich Alexander and Williams, PLLC today for a free case evaluation and consultation.
When an 18-wheeler collides with a passenger car, the results can be devastating. Learn why truck accident cases require specialized legal experience.
When a crash involves an 18-wheeler and a passenger car, the consequences are often life-changing. These cases are not simply larger versions of car accidents. They involve different physics, specialized federal trucking regulations, and complex legal claims.
At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our team of experienced Texas truck accidentlawyers understands what makes these cases unique. Below, we explain the key factors that set truck-car collisions apart—focusing on the physics of big rigs, the urgency of preserving evidence, and the often catastrophic injuries suffered by passenger–vehicle occupants.
The Physics of 18-Wheeler Accidents
A fully loaded commercial truck can weigh up to 80,000 pounds, compared to 3,000–4,000 pounds for an average car. That massive size and weight dramatically change how these crashes occur.
Momentum and Force
At highway speeds, an 18-wheeler generates 20–30 times more momentum than a passenger car.
The energy transferred in a collision is exponentially higher, often causing devastating crush injuries to those in the smaller vehicle.
Stopping Distances
A loaded tractor-trailer traveling at 65 mph may require 500–525 feet to stop—nearly two football fields.
Any speeding, downhill travel, or poorly maintained brakes can lengthen that distance, reducing the driver’s ability to avoid a collision.
Blind Spots and Turning Radius
Big rigs have large “no-zones”—blind spots on all four sides where cars can disappear from the truck driver’s view.
Their wide turning radius and long stopping distance make them less maneuverable, especially in city traffic.
These physical realities explain why 18-wheeler crashes often cause more severe property damage and injuries than typical car accidents.
Preserving Evidence in Commercial Truck AccidentClaims
One of the biggest differences between a car-on-car accident and a trucking crash is the evidence involved—and how quickly it can disappear. A skilled 18-wheeler accidentattorney acts fast to preserve critical proof.
Time-Sensitive Evidence
Electronic Logging Devices (ELDs): Show hours-of-service compliance and potential driver fatigue. Many carriers are only required to keep these for six months.
Event Data Recorders (Black Boxes): Record speed, braking, steering, and throttle use seconds before the crash—often overwritten if not retrieved promptly.
Maintenance and Inspection Records: Reveal whether the truck was safe to operate.
Driver Qualification Files: Can show patterns of negligent hiring or supervision.
Dispatch Notes and Bills of Lading: May expose unsafe schedules or pressure to meet deadlines.
Dashcams and Third-Party Surveillance Footage: Often deleted or recorded over within days.
Spoliation Letters
An experienced Texas truck accidentlawyer will immediately send spoliation (evidence-preservation) letters to the trucking company and other parties. This legal step forces them to retain logs, electronic data, and other records that could prove negligence.
Failing to secure this evidence early can weaken a victim’s claim.
Why Injuries Are Typically More Severe
The immense force of a truck vs. car accident often leaves the smaller-vehicle occupants with catastrophic injuries. Common examples include:
Crush injuries, amputations, and severe orthopedic fractures
Internal organ damage and internal bleeding
Severe burns from fuel-related fires or explosions
Recovery can require:
Extensive surgeries and hospital stays
Long-term rehabilitation and assistive devices
Home modifications for disability access
Significant lost income and diminished future earning potential
These injuries often result in commercial truck accidentclaims that are far more substantial than those arising from car-on-car collisions—reflecting both the financial and human toll.
Legal Complexities Unique to Truck Accidents
Unlike most car accidents, truck crashes often involve multiple liable parties, including:
The truck driver
The trucking company or motor carrier
Freight brokers or shippers that set unrealistic deadlines
Maintenance or repair contractors
Manufacturers of defective truck components
Trucking companies and their insurers are also subject to federal regulations enforced by the FMCSA (Federal Motor Carrier Safety Administration), covering hours of service, vehiclemaintenance, and safety compliance.
These layers of liability and regulation make it essential to have a skilled 18-wheeler accidentattorney who can identify all responsible parties and pursue every avenue of compensation.
Why You Need an Experienced Texas Truck AccidentLawyer
A serious truck crash is not just another motor-vehicle accident claim. It requires:
Immediate investigation and evidence preservation
Accident reconstruction experts to analyze skid marks, impact angles, and black-box data
Deep knowledge of federal trucking laws and safety standards
Experienced negotiation and trial skills to counter large insurance companies
At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our attorneys understand how to build strong commercial truck accidentclaims by acting quickly, leveraging experts, and fighting for the full value of our clients’ damages.
Compassionate Support for TruckAccident Victims
After a severe truckaccident, victims and their families often face a long recovery and enormous expenses. Our team is committed to handling the legal battle so you can focus on healing.
If you or a loved one has been hurt in a collision with a commercial truck or 18-wheeler, contact HLAW today for a free consultation. We’ll explain your rights and help you pursue the compensation you deserve.
About the Author
Jason Howard is a founding partner at Howard Lotspeich Alexander & Williams, PLLC (HLAW) in Fort Worth, Texas. A seasoned Texas truck accidentlawyer and trial attorney, Jason has more than two decades of experience representing victims of catastrophic injuries and wrongful deaths caused by negligent drivers and trucking companies.
Recognized for his skill in the courtroom and his commitment to compassionate, client-focused advocacy, Jason has been named to Texas Super Lawyers every year since 2015. He draws on a deep understanding of both state and federal trucking regulations to build strong cases that hold commercial carriers accountable.
Beyond his legal achievements, Jason is committed to guiding injured clients and their families through every step of the recovery process—ensuring they feel supported, informed, and empowered.
When injured by an Instacart or DoorDash driver, gain insights on liability and insurance claims. Understand your rights and get the compensation you deserve.
Although a horse can transport people on a public highway, it is not a device in the mechanical sense. For this reason, courts and prosecutors in Texas should not treat intoxicated horseback riding as a DWI offense.
