Tractor-Trailer Accident Lawyer Serving San Antonio, TX
Have you been injured in an accident in San Antonio involving a tractor-trailer? If the collision was caused by a truck driver’s or trucking company’s negligence, you deserve financial recovery for your harm and loss. Our attorney, Board-Certified in Personal Injury Law by the Texas Board of Legal Specialization, brings a deeper level of legal knowledge to these cases. Contact our legal office today at (210) 226-2000 or fill out our online form for a free, no-obligation initial claim evaluation. You’ll learn more about our firm and how we can help you pursue compensation for your medical bills, lost income, pain and suffering, and vehicle repairs.
Act Quickly: Trucking Evidence Does Not Last
Tractor-trailer cases are won and lost on records that trucking companies are only required to keep for a short time. Under federal rules, a motor carrier must retain driver hours-of-service logs for six months. Driver vehicle inspection reports must be kept for only three months. Data stored on the truck’s electronic control module can be overwritten the next time the vehicle is serviced or put back into rotation.
That means the proof of what the driver was doing before the crash may be gone before your medical treatment has even finished. One of the first steps we take on a tractor-trailer case is sending a spoliation letter, also called an evidence preservation letter, which puts the carrier and its insurer on written notice that these records must be preserved. When a company destroys evidence after receiving that notice, a court can instruct the jury to assume the missing evidence would have been unfavorable to them.
If you were hit by a tractor-trailer, the sooner you speak with a lawyer, the more evidence there is left to secure.
Why Hire a Lawyer After a Tractor-Trailer Accident?
Cases stemming from tractor-trailer accidents often involve unique complexities not found in other auto accident cases. A lawyer can help you navigate the challenges you may encounter when pursuing compensation, such as:
- Multiple Liable Parties: The trucking industry is not a single industry but many different ones working in concert. As such, several parties may bear responsibility for causing a tractor-trailer accident, including employers, who may have vicarious liability for the negligence of truck drivers or other trucking company employees.
- Complex Evidence: Trucking companies must keep extensive records of their operations, including hours-of-service logs and black box records, which may provide critical evidence to prove fault for a tractor-trailer accident. Most interstate carriers are also required to record driving time through electronic logging devices, which are far harder to falsify than the paper logbooks the industry once relied on.
- Federal Safety Regulations: Interstate trucking companies operate under the Federal Motor Carrier Safety Regulations, which govern driver qualifications, hours behind the wheel, vehicle inspections, and cargo securement. A violation of those rules can serve as powerful evidence of negligence in your case. Whether federal rules or Texas regulations apply to a particular carrier depends on where it operates, a distinction we explain in more detail on our page about interstate vs. intrastate trucking.
- Substantial Financial Losses: Because truck accidents frequently cause severe injuries, victims may need more financial compensation to account for them, making negotiating a settlement a longer and more complicated process.
- Complicated Insurance Coverages and Corporate Structures: Trucking companies may use layered insurance policies and complex corporate structures to shield themselves from as much liability as possible. Federal law requires interstate carriers hauling general freight to carry at least $750,000 in liability coverage, and many carry substantially more through excess policies stacked above the primary one. Some policies also include an endorsement known as an MCS-90, which can require the insurer to pay an injured person even when the carrier has violated its own policy terms. A lawyer can identify the correct parties to file claims against and determine the amount of insurance coverage available in a given situation.
Why Choose Law Offices of Troy A. Brookover for Your Tractor-Trailer Accident?
We believe accident victims deserve aggressive legal advocates who will fight to recover the compensation they need and deserve. For years, trucking accident victims have turned to Troy A. Brookover for legal representation because:
- Firm founder Troy A. Brookover has over 30 years of legal experience inside and outside courtrooms in San Antonio and throughout Texas. We stand ready to take your case to trial when necessary to get you the compensation you need.
- Troy A. Brookover has prior experience in insurance defense, giving him in-depth insights into how insurance companies handle and defend against truck accident cases. His background gives him an edge when dealing with insurance adjusters and defense firms.
- Our firm has a proven record of success over thousands of cases, including many six- and seven-figure awards that provided our clients with the financial resources they needed for medical bills, lost wages, and other expenses. Among them is a $1.2 million recovery for a client injured in an 18-wheeler accident.
- Troy A. Brookover has received board certification in personal injury trial law from the Texas Board of Legal Specialization, a distinction conferred on a small number of attorneys in the state. This certification reflects Troy’s proven skills, competence, and excellent reputation among his legal peers.
- We have the resources to handle complex cases. Tractor-trailer cases require in-depth investigations and thorough case preparation. We will devote the time and resources to level the playing field and take on big corporations and insurance companies on their own turf.
How Our Firm Can Help to Get the Justice You Deserve
You deserve to focus your time and energy on your physical and mental recovery. Let Law Offices of Troy A. Brookover handle the details of your legal claim. Our firm will fight to recover maximum compensation for you by:
- Sending a spoliation letter to preserve the carrier’s logs, inspection reports, and onboard data before they can be destroyed
- Thoroughly investigating the crash to recover evidence for your claim
- Reviewing the evidence and working with expert witnesses to build a compelling legal case
- Identifying all parties who may bear liability in your case and evaluating your legal options for financial recovery
- Locating every applicable insurance policy, including excess coverage layered above the carrier’s primary policy
- Documenting your injuries and losses to calculate a fair demand
- Filing your claims and dealing with insurance adjusters and company representatives on your behalf
- Aggressively pursuing full financial recovery for you in a settlement or by taking your case to trial, if necessary
What To Do After a Tractor-Trailer Accident in San Antonio, TX
There are certain steps you can take after a tractor-trailer accident in San Antonio to protect your rights and prepare your case. Here’s what to do:
- Follow your doctor’s treatment recommendations and recovery instructions.
- Report the accident to your car insurance provider.
- Photograph the truck if you can safely do so, including the company name and the USDOT number painted on the cab door. That number identifies the carrier and its federal safety record, and it can be difficult to trace a truck without it.
- Note which agency responded to the scene. San Antonio Police, the Bexar County Sheriff’s Office, and the Texas Department of Public Safety each handle different areas, and your crash report stays with whichever one worked your collision.
- Request copies of medical records of your treatment and rehabilitation and a copy of the police crash report.
- Keep copies of bills or invoices and gather your pay stubs/income statements to calculate your ongoing and future financial losses.
- Contact a tractor-trailer accident lawyer from Law Offices of Troy A. Brookover to discuss your financial recovery options and start demanding justice.
How Much Does a Lawyer Charge for a Tractor-Trailer Accident Case?
At Law Offices of Troy A. Brookover, we recognize the financial pressures you face while recovering from a devastating truck accident. We strive to make your recovery process easier with our “no-win, no-fee” promise. You pay nothing upfront to hire our firm and owe us nothing unless we win your case. If we recover money on your behalf, our fee comes from your financial recovery, so you never have to pay out-of-pocket.
Who is Liable in a Tractor-Trailer Accident?
Many different individuals and companies in the trucking industry may bear responsibility for a tractor-trailer accident and the harm it caused the victims. Here are just a few of the parties you might hold liable in a tractor-trailer accident case:
- The truck driver
- The trucking company
- The truck’s owner (if not the truck driver or trucking company)
- The shipping company responsible for loading the truck or trailer
- Third-party mechanics who repair or maintain the truck/trailer
- The truck’s manufacturer
- Manufacturers of auto parts used on the truck or trailer, such as tires, brakes, or transmissions
You can read more about how responsibility is assigned in these cases on our page about truck accident liability.
What If the Trucking Company Says I Was Partly at Fault?
Being partly responsible for a crash does not necessarily bar you from recovering compensation. Texas follows a modified comparative fault rule. If you are found 50 percent or less at fault, you can still recover damages, though your award is reduced by your share of the blame. If you are found 51 percent or more at fault, you recover nothing.
Because that threshold decides whether an injured person gets paid at all, trucking companies and their insurers work hard to shift as much blame onto victims as they can. Do not assume you have no case because an adjuster told you the crash was partly your fault.
Time Limit You Have for a Tractor-Trailer Accident Lawsuit in Texas
Under Texas’s statute of limitations, you typically have two years to file a lawsuit against a trucking company following a tractor-trailer accident. Because courts strictly enforce deadlines for tractor-trailer accident lawsuits, you should consult an attorney from Law Offices of Troy A. Brookover as soon as possible after a crash. If you file your lawsuit after the limitations period expires on your claim, the court can dismiss your case, and you may lose the opportunity to pursue financial recovery for your injuries and losses.
Keep in mind that two years is the outside limit for filing suit, not a safe amount of time to wait. As described above, the records that prove a trucking case can be lawfully destroyed within months of the collision. Shorter deadlines may also apply if a government-owned vehicle was involved in your crash.
Compensation You Might Be Entitled to in a Tractor-Trailer Accident Claim
In a tractor-trailer accident claim, you may have the right to recover compensation for ongoing and future losses you suffer due to injuries and property damage. Our law firm will fight to obtain a maximum financial recovery for your:
- Medical treatment and rehabilitation expenses
- Costs of long-term disability care, such as home health services or housekeeping
- Lost wages/income from missed time from work or reduced earnings in a modified duty position required by your medical restrictions
- Lost future earning capacity and employment benefits if you become permanently disabled from your job or other kinds of work
- Pain and suffering
- Reduced quality of life due to physical disabilities or severe, permanent scarring/disfigurement
- Vehicle repair expenses or the cash value of your car if totaled in the crash
For a closer look at how these claims progress from investigation through settlement, see our guide to the truck accident settlement process in Texas.
Common Types of Tractor-Trailer Collisions
Tractor-trailers fail in ways passenger vehicles do not. The type of collision often points directly to what went wrong and who is responsible for it:
- Jackknife Collisions: Hard braking or a sudden steering input can cause the trailer to swing out from behind the cab until the two form a sharp angle. A jackknifing truck can sweep across several lanes at once and often signals excessive speed, worn brakes, or an improperly loaded trailer.
- Underride Collisions: A passenger vehicle slides beneath the trailer, striking at windshield height rather than bumper height. These are among the deadliest truck crashes, and missing, damaged, or non-compliant rear and side underride guards are a frequent factor.
- Rollovers: A loaded trailer sits high and can roll on a curve or highway ramp taken too fast, particularly when the cargo has shifted or the load was distributed unevenly.
- Wide Right Turns: A tractor-trailer swings left before turning right, and a vehicle occupying that space can be caught between the trailer and the curb.
- Blind Spot Collisions: Large areas alongside and behind a tractor-trailer are invisible to the driver. Lane changes made without properly checking those zones cause frequent sideswipes.
- Tire Blowouts and Cargo Spills: A failed tire or an unsecured load can send debris across live traffic lanes, causing crashes involving vehicles that never touched the truck at all.
Common Causes of Tractor-Trailer Accidents in Texas
Truck accidents in San Antonio frequently occur due to truck drivers’ or trucking companies’ negligence or recklessness. Some of the most common causes of tractor-trailer accidents in Texas include the following:
- Speeding or traveling too fast for conditions
- Tailgating/following too closely
- Reckless driving, such as excessive speeding or swerving through traffic
- Distracted driving
- Drowsy/fatigued driving, including violations of federal hours-of-service limits
- Driving under the influence of alcohol/drugs
- Illegal or improper turns/lane changes, including failing to use turn signals or check mirrors
- Improper wide turns
- Running red lights or stop signs
- Failing to yield the right of way
- Inadequate truck or trailer maintenance, or skipped pre-trip inspections
- Unsafe cargo loads, including excessive or unbalanced weight or failure to secure items from shifting or falling out of the truck
- Negligent hiring, training, or supervision by the trucking company
Where These Crashes Happen in San Antonio
San Antonio sits at the junction of several major freight routes, which puts a high volume of commercial trucks on local roads every day. I-35 carries traffic between Laredo and the Mexican border north through the city, and it is one of the busiest freight corridors in the country. I-10, I-37, Loop 410, and Loop 1604 handle much of the remaining commercial traffic moving through and around San Antonio.
Interchanges and merge points along these routes are common crash locations because they force trucks to change speed and lanes in heavy traffic. Construction zones on the loops add another risk, since lane shifts and narrowed shoulders leave a tractor-trailer very little room to correct. You can review more crash data on our page of San Antonio truck accident statistics.
Common Injuries in Tractor-Trailer Accidents in Texas
The size and weight of a semi-trailer truck make it more likely to cause severe injuries in a collision. A fully loaded tractor-trailer can weigh up to 80,000 pounds, roughly 20 times the weight of the average passenger car. A tractor-trailer accident can lead to life-altering injuries for crash victims, such as:
- Severe lacerations and abrasions
- Broken bones
- Ligament, tendon, and muscle strains or sprains
- Herniated spinal discs
- Internal organ injuries and internal bleeding
- Facial injuries
- Traumatic brain injuries
- Burns from post-crash fires
- Spinal cord injuries and paralysis
- Traumatic amputation/dismemberment or limb loss
Tractor-Trailer Accident FAQs
How is a tractor-trailer accident claim different from a car accident claim?
The differences are substantial. Trucking companies carry far higher insurance limits, often layered across multiple policies. Federal safety regulations govern how the driver and carrier must operate, so a rule violation can support your case directly. Several parties beyond the driver may share liability. And critical evidence is held by the trucking company itself, which means it has to be formally preserved before it disappears.
What is a spoliation letter and why does it matter?
A spoliation letter is written notice sent to a trucking company and its insurer demanding that they preserve evidence relevant to your claim, including driver logs, inspection reports, maintenance records, dispatch data, and information stored on the truck’s onboard computer. It matters because federal rules only require carriers to retain many of these records for a few months. Once a company has received that notice, destroying the evidence can carry serious consequences in court.
Who pays for my damages after a tractor-trailer accident?
Usually the trucking company’s liability insurer, though the answer depends on who is at fault. Interstate carriers hauling general freight must carry at least $750,000 in coverage, and many carry considerably more through excess policies. Additional coverage may also be available from a separate trailer owner, a cargo loader, or a maintenance contractor, which is why identifying every liable party matters.
How long do I have to file a tractor-trailer accident lawsuit in Texas?
Generally two years from the date of the crash. That is the deadline for filing suit, not the point at which you should start. The evidence that proves these cases can be destroyed within months of the collision, and shorter notice deadlines apply if a government-owned vehicle was involved.
Can I still recover if I was partly responsible for the crash?
Most likely, yes. Texas allows you to recover as long as you are 50 percent or less at fault, with your award reduced by your percentage of responsibility. Insurers routinely overstate an injured person’s share of the blame, so their assessment is not the final word.
What does it cost to hire a tractor-trailer accident lawyer?
Nothing upfront. Law Offices of Troy A. Brookover handles these cases on a “no-win, no-fee” basis, so our fee comes out of a recovery rather than out of your pocket. Your initial consultation is free and carries no obligation.
Find an Experienced Tractor-Trailer Accident Lawyer Near You
If you’ve been severely injured in a tractor-trailer accident, you need dedicated legal representation to hold the trucking and insurance companies accountable to compensate you for your injuries and losses. The sooner you call, the more evidence remains available to build your case. Contact us today for a free, no-obligation consultation to discuss your legal options with our knowledgeable tractor-trailer lawyer.