When Can You Sue A Trucking Company?

Truck crashes change lives in a second. A family car gets hit on I-10 near downtown San Antonio, and everything stops. Medical bills start to stack up. Work calls go unanswered. Sleep does not come easy. The question rises fast: can the victim sue the trucking company, https://www.carabinshaw.com/semi-truck-accidents-18-wheeler-accidents.html or is the driver alone responsible? Texas law gives clear paths, but timing, evidence, and strategy matter. Here is what a person in San Antonio needs to know, in plain terms, with examples pulled from real cases and street-level experience.

The short answer: More often than people think

A claim can reach beyond the truck driver in many scenarios. If the driver was on the job, the trucking company can be responsible for the employee’s negligence. If poor maintenance, bad hiring, or unsafe company policies played a part, the company can be directly liable. And in some cases, other players share fault, such as a freight broker, a shipper that overloaded a trailer, or a manufacturer that sold a defective brake part. Suing the trucking company is not about blame for the sake of blame. It is about holding the right parties accountable so the injured person can recover for medical care, lost wages, and long-term needs.

How Texas law connects the company to the crash

Texas recognizes vicarious liability, which means an employer is responsible for the negligence of an employee if the employee was acting within the scope of employment. If a company driver ran a red light on Culebra Road during a delivery, the company likely shares liability. This route is common, but it is not the only one.

A company can also be responsible for its own conduct. That includes negligent hiring, training, supervision, retention, entrustment, and maintenance. These claims focus on what the company knew or should have known before the crash. For example, if a company put a driver with a suspended CDL behind the wheel, or cut corners on brake service to keep a rig on the road, the company’s choices become part of the story.

Courts look for a clear link between a company decision and the harm. So the evidence must show more than a bad outcome. It must show a preventable risk that the company created or ignored.

Common grounds to sue a trucking company

Every crash is different, but certain patterns come up again and again around Bexar County and the surrounding corridors.

• Vicarious liability for an on-duty driver. If the driver was in the course of employment, the company stands behind that conduct, even if the company did nothing “wrong” beyond employing the driver.
• Negligent hiring or retention. The company hired or kept a driver with a history of DUI, logbook violations, or repeated hours-of-service issues. A simple file check could have flagged the risk.
• Poor training and supervision. The company failed to train on blind spots, wide turns on Commerce Street, securing loads, or safe speeds on wet pavement after a Hill Country thunderstorm.
• Unsafe dispatch or pressure to violate rules. Texts or telematics show dispatch pushed a run beyond hours-of-service limits, or set delivery windows that encouraged speeding through Loop 410.
• Maintenance lapses. Worn tires, cracked rotors, or non-functioning lights can point to poor fleet maintenance. If a brake failure or blowout played a role, the maintenance logs matter.

Each ground opens a different evidence lane. A trucking accident lawyer will press those lanes fast, because companies and insurers react quickly after a serious crash.

The contractor question: Employee or independent driver?

Many carriers classify drivers as independent contractors. That status can limit vicarious liability, but it does not end the inquiry. Courts look at control. If the carrier controls dispatch, routes, equipment, and pay structure, a jury may find an employment relationship in practice. Even if the driver is a contractor, the company can face claims for negligent entrustment, unsafe policies, or maintenance failures on company-owned equipment.

In San Antonio, mixed arrangements are common. A driver might lease a tractor from the carrier but haul under the carrier’s DOT number. Those details matter. And they are rarely clear on day one unless someone secures the right documents.

Who else might share fault

Truck crashes often involve more than two vehicles and more than two companies. A shipper might have loaded a trailer improperly. A broker might have put a high-risk carrier on the job. A maintenance vendor might have cleared a truck for service without fixing a flagged defect. And in some cases, a component maker sold a defective part that failed under normal use. Identifying all responsible parties helps prevent a partial recovery that leaves medical needs underfunded.

Evidence that moves cases in San Antonio

Strong cases build on fast action. Much of the proof sits in the trucking company’s hands in the first hours after a crash. That is why legal teams send preservation letters as soon as possible. The goal is to lock down records before they change or disappear.

• Electronic data: The engine control module, dash cams, and fleet telematics can show speed, braking, lane position, and hours-of-service. Many rigs around San Antonio carry forward-facing and driver-facing cameras that tell a clear story.
• Driver logs: Paper or electronic logbooks, dispatch notes, and fuel receipts help test whether the driver respected rest rules. Time stamps from scales on I-35 or I-37 can confirm timing.
• Maintenance records: Work orders, brake measurements, tire depth logs, and annual inspection reports can make or break a maintenance claim.
• Company policies: Safety manuals, training materials, and bonus plans can show whether the company rewarded fast deliveries over safe driving.
• Scene evidence: Skid marks, debris fields, and ECM downloads pair well with crash reconstruction. Camera footage from nearby businesses on Broadway or Fredericksburg Road can fill gaps.

People often ask if a police report will be enough. It helps, but it rarely captures the full technical picture. Reports can contain errors, and they do not include company records. That is why deeper discovery matters in trucking cases.

How fault works in Texas

Texas uses proportionate responsibility. A jury assigns percentages of fault to all responsible parties. If the injured person is more than 50 percent at fault, recovery is barred. If the injured person is 50 percent or less at fault, the recovery is reduced by the person’s percentage. This structure makes early fact development important. Weather, road work on US-281, and sudden traffic slowdowns each add context. The right photos and data help keep fault where it belongs.

Time limits and notice rules

For most injury cases in Texas, the statute of limitations is two years from the date of the crash. Claims against a government entity, such as a city-owned vehicle involved in the crash, often require notice within a much shorter window, sometimes within months. Miss the deadline, and the claim can vanish. Evidence also fades with time. Cameras overwrite. Drivers switch jobs. Trucks get repaired or sold. Quick action protects both the case and the person’s health.

What damages can be claimed

The law allows recovery for medical expenses, lost wages, loss of earning capacity, pain and suffering, mental anguish, physical impairment, and physical disfigurement. In wrongful death cases, families can recover for loss of companionship, mental anguish, and financial losses tied to the death. Punitive damages may be possible if the company’s conduct shows gross negligence, such as forcing illegal hours or ignoring known brake issues. Punitive claims require strong proof. Records and expert testimony carry weight.

Real-world examples from South Texas roads

Take a rear-end collision on I-35 near the AT&T Center exits. A box truck plows into stopped traffic after a Spurs game. The driver says the brakes failed. If maintenance logs show last-minute brake work was skipped to make a delivery window, the company sits squarely in the case. Or consider a rollover on the I-10/Loop 1604 interchange during a storm. The driver followed a route with high crosswinds and an empty trailer that was prone to sway. If dispatch pushed the driver to stay on schedule despite wind advisories, policy pressure becomes a central issue.

On the other hand, if a driver in a personal vehicle cut across lanes without a signal and the truck had no chance to stop, fault can shift away from the company. Good cases make room for edge cases and test each claim against the facts.

Why trucking cases differ from regular car wrecks

Trucks bring more weight, more force, and more regulation. The Federal Motor Carrier Safety Regulations set rules for rest breaks, maintenance, drug and alcohol testing, and training. Violations can turn into powerful evidence. Insurance policies for motor carriers are often larger than typical auto policies, but that does not make them easy. Insurers respond fast with investigators and defense teams. City cameras, on-board data, and ELD records level the field when an injured person moves quickly.

What to do right after a crash in San Antonio

The moments after a crash feel chaotic. People feel pain, confusion, and worry about cost. Simple steps help protect both health and rights.

• Get medical care. Delays give insurers arguments that injuries came from something else. Even if pain feels minor, a check-up matters.
• Preserve evidence. Keep photos, the damaged car, and any personal items from the crash. Save names of witnesses if available.
• Avoid recorded statements to insurers. Statements given while medicated or exhausted can be used against the claim.
• Call a trucking accident lawyer early. A legal team can send preservation letters, request black box data, and coordinate a reconstruction before evidence fades.
• Follow through with treatment. Gaps in care can hurt both recovery and the case.

Local insight: San Antonio roads and risk patterns

San Antonio traffic flows around loops and spokes. I-10 brings heavy freight from Houston and the West. I-35 funnels cross-border and cross-country loads. Loop 410 and Loop 1604 move local and regional carriers around distribution hubs by the airport and near Port San Antonio. Peak risks rise at merge points around the I-10 and I-35 interchange, at construction zones on 281, and near warehouse clusters off Wetmore Road and Nacogdoches.

Weather adds layers. Sudden downpours make oil-slick surfaces on the loops. Flash flooding shuts low crossings on the South Side. High heat stresses tires and braking systems, which makes maintenance discipline vital in summer months.

This local context matters when building a claim. It explains why a truck might have been traveling faster than safe at a specific ramp, or why a route choice made a rollover more likely. A lawyer who works these roads often will know where to look for cameras, what agencies to contact for traffic signal timing, and which construction zones had changed traffic patterns on the day of the crash.

How a trucking accident lawyer builds leverage

The process has a rhythm. First, stabilize medical care and document injuries. Second, send preservation letters to the carrier, broker, and any maintenance contractors. Third, secure ECM and ELD data, dash cam footage, and relevant policies. Fourth, bring in experts if needed: a crash reconstructionist, a human factors expert for perception-reaction issues, a trucking safety expert to interpret hours-of-service or maintenance lapses, and medical experts to tie injuries to the crash. Then comes negotiation with the insurer, built on facts the defense cannot ignore. If they stall or lowball, filing suit opens discovery and compels the company to produce records under oath.

And yes, many cases resolve before trial. But preparing as if trial will happen is what gives a claim real weight.

Frequently asked questions San Antonio clients ask

Is the company always liable if the driver was on duty? Often yes under vicarious liability, but facts can narrow or widen exposure. Independent contractor status and borrowed-leasing arrangements can complicate the answer.

What if the truck had out-of-state plates? The case can still be filed in Texas if the crash happened here or if the company does business here. Service of process and jurisdiction become technical, but manageable.

What if I might be partly at fault? Texas allows recovery if the injured person is 50 percent or less at fault, with a reduction by that percentage. Accurate evidence helps prevent unfair blame.

Do I need to act before the truck is repaired? Yes. Trucks get fixed and data can get overwritten. Fast preservation letters help hold critical data.

What happens if a loved one was killed? Families can bring wrongful death and survival claims. These cases need quick action to secure evidence and to support both financial and human loss.

The cost question

Most trucking accident lawyers in San Antonio work on a contingency fee. The client pays no upfront fee, and the lawyer receives a percentage of the recovery plus case costs if the case resolves. This arrangement lets injured people focus on care while the legal team handles the work. Fee details should be clear in writing from the start, and clients should see itemized costs as the case moves forward.

Building a case that reflects real life

A good case includes medical facts and economic records, but it also tells the story of a person’s life before and after the crash. Maybe a dad no longer coaches at Olmos Basin Park because he cannot run. Maybe a nurse at Medical Center shifts to desk duty with a pay cut. Maybe a small business owner on the South Side hires help to lift, drive, and meet customers. These details matter because they show loss in everyday terms. Juries and adjusters listen when the story rings true.

Why call soon if the crash happened in or around San Antonio

Local timing matters. Construction zones change week to week. Businesses overwrite surveillance footage within days. Road crews move barrels and signage after an incident. Even small delays can erase key proof. A trucking accident lawyer with a San Antonio focus knows where to pull traffic signal data, how to find TxDOT construction logs, and which local intersections have city cameras worth checking immediately.

If the crash happened on a major corridor, such as I-10 near Dominion or I-35 by Windcrest, there is a good chance useful video exists. If it happened overnight near industrial areas around Rittiman or near the airport cargo facilities, private cameras might hold the best view. A fast call keeps options open.

What a consultation covers

A solid consultation should include a review of the crash facts, discussion of injuries and current care, an outline of likely defendants, and a plan for preserving evidence. It should also cover the two-year deadline, potential notice issues, fee structure, and next steps if the insurer calls. The goal is clarity, not pressure. People should leave with a practical roadmap.

And for those unsure about fault, it helps to remember this: partial fault does not end a case in Texas. Facts and fair analysis decide value. A quick conversation can clear up myths and set a direction that protects both health and rights.

Ready to talk with a San Antonio trucking accident lawyer?

If a truck hit a person or their loved one on a San Antonio road, time matters. The right legal team can secure black box data, lock down company records, and build a clear claim for medical care and lost income. A consultation is simple to arrange, and it costs nothing to learn options. Call a local trucking accident lawyer today, ask direct questions, and get a plan that fits the facts of the case and the needs of the person and family.

This article provides general information and is not a substitute for legal advice; consult with experienced lawyers for personalized guidance Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.