When Can You Sue a Trucking Company? Understanding Liability, Deadlines, and Evidence

Truck crashes change lives in seconds. Medical bills pile up, work stops, and daily routines vanish. Families in San Antonio face this reality on I-10, Loop 410, and the busy corridors near Port San Antonio. The question many ask after a serious wreck: can the trucking company be held responsible, or is it only the driver? The answer depends on who controlled the trip, who maintained the vehicle, and why the crash happened. A clear explanation helps families protect their rights and move forward with confidence.

This guide walks through how liability works in Texas, why timing matters, what evidence moves the needle, and how a local trucking accident lawyer in San Antonio builds a strong case. It uses simple language and practical examples so readers understand what to do next.

When the Trucking Company Is Responsible

Under Texas law, a trucking company can be responsible for a crash under several theories. The most common is vicarious liability, which applies when a driver acts within the course of employment. If a company employee caused the wreck while on duty, the company usually shares responsibility. This often applies to long-haul carriers and regional fleets serving San Antonio warehouses and oilfield routes.

Direct liability is different. It focuses on the company’s own choices and policies. A company can be at fault for hiring an unsafe driver, failing to train, pushing unrealistic schedules, or ignoring truck maintenance. Several examples show how this plays out on San Antonio roads:

• A tractor-trailer rear-ends a commuter on I-35 at rush hour. Data reveals months of late brake service, worn pads, and a skipped inspection. The company’s maintenance policy becomes part of the claim.
• A driver falls asleep near FM 78 after a long run. Electronic logging device data shows hours-of-service violations. Dispatch texts hint at pressure to deliver despite fatigue. That points to corporate practices, not just driver error.

A third path involves shippers and brokers. Some cases include negligent selection. If a shipper or broker used a carrier with a poor safety record, they might share fault. It is fact-specific and often hinges on the paper trail.

Employee vs. Independent Contractor

Companies often argue the driver was an independent contractor. Labels do not decide the issue. Texas courts look at control. Who set routes, schedules, loads, and rules? Who owned the truck? Who paid insurance and handled permits? If the company controlled daily work, the driver may be treated like an employee for purposes of liability.

In San Antonio, many short-haul operations use owner-operators who lease on with larger carriers. Contracts tend to outline control. So do dispatch instructions, safety manuals, and who pays fuel cards. A trucking accident lawyer examines these documents and interviews witnesses to sort out the real relationship.

Common Grounds for Lawsuits Against Trucking Companies

Trucking companies can be sued on several grounds. The facts drive the claim. Here are key themes that often arise in South Texas cases:

• Negligent maintenance. Skipped brake service, bald tires, faulty lights, and leaking air lines cause serious wrecks. Trailer maintenance histories matter as much as tractor histories.
• Negligent hiring or retention. A driver with DUI history, prior out-of-service orders, or repeated logbook violations should trigger extra screening. If the company knew or should have known, that supports liability.
• Hours-of-service violations. Fatigue is a major factor in rear-end impacts and lane departures. Logbooks, telematics, and weigh station records can reveal the truth.
• Overweight or unsecured loads. A shifting load can turn a routine lane change into a multi-vehicle crash on Loop 1604. Bills of lading, scale tickets, and cargo securement photos matter here.
• Distracted driving. Phone records and cab camera data often tell the story. Texting or scrolling behind the wheel of an 80,000-pound vehicle is a recipe for disaster.

What If Multiple Parties Share Fault?

Truck crashes often involve more than two vehicles, and fault can be shared. Texas follows proportionate responsibility. A jury assigns percentages of fault. If the injured person is 50 percent or less at fault, they can still recover, reduced by their percentage. If they are more than 50 percent at fault, they cannot recover. That San Antonio truck accident attorney is why early evidence collection matters. It shapes how fault gets assigned.

In a multi-vehicle pileup on I-10, for example, the truck may have struck late, but a sudden stop by another vehicle may have set off the chain. Road design issues, poor lighting, or construction zone set-ups can also play a role. Each factor should be documented.

Deadlines That Can Make or Break Your Case

Texas generally allows two years from the date of the crash to file a personal injury lawsuit. Wrongful death cases usually carry the same two-year period from the date of death. There are exceptions, so it is smart to confirm with a local attorney.

Other time limits can be shorter:

• Evidence preservation letters should go out within days or weeks, before video loops overwrite and telematics data resets.
• Government claims, if a city or county vehicle played a role, have strict notice rules that can be as short as six months.

In short, waiting risks losing key proof. Acting early often changes the outcome, especially in San Antonio where rapid growth and heavy trucking combine to create fast-moving crash scenes.

Evidence That Moves Cases in San Antonio Truck Wrecks

Truck cases revolve around evidence that many people do not know exists. A focused investigation preserves the most persuasive data before it disappears. The following items often play a central role:

• Electronic logging device data. Shows drive time, rest breaks, and duty status. It can flag hours-of-service violations and fatigue patterns.
• Event data recorders and telematics. Capture speed, braking, acceleration, and sometimes steering inputs right before impact.
• Dash cameras and exterior cameras. Many fleets use forward-facing and even driver-facing cameras. These often provide frame-by-frame clarity on fault.
• Maintenance and inspection records. Reveal long-standing defects and whether the company followed its own rules and federal standards.
• Bills of lading, weight tickets, and route plans. Connect load issues to handling problems and link dispatch choices to timing and fatigue.
• Driver qualification file. Includes past accidents, drug tests, medical cards, training, and safety reviews. This file can support negligent hiring or retention claims.
• Cell phone records. Can support claims of distraction. Combined with camera data, they become powerful.
• Scene evidence. Skid marks, debris fields, ECM data, and impact points provide a physics story that helps a reconstruction expert explain what happened.

And local data helps too. Intersections on Culebra Road, congestion hot spots on Loop 410, and active construction zones can frame why a crash happened and what a reasonable driver should have done.

How Liability Works With FMCSA Rules

Commercial carriers must follow federal safety rules from the Federal Motor Carrier Safety Administration. These rules set standards for hours-of-service, drug and alcohol testing, equipment inspections, and recordkeeping. Violations can support negligence claims. They do not automatically establish liability, but they provide a strong foundation.

Examples help. If a company allowed a driver to run past their hours and the driver rear-ended a family near the I-35 and I-410 interchange, that rule breach supports the argument that company practices caused the crash. Or if brake adjustment measurements were out of spec and the truck could not stop in time, the failure to maintain becomes a focal point.

What Damages Are Recoverable

Texas law allows injured people to pursue economic and non-economic damages. Economic losses include medical bills, future care, lost wages, and reduced earning capacity. Non-economic damages cover pain, physical impairment, mental anguish, and loss of enjoyment of life. In rare cases, punitive damages may apply if conduct was grossly negligent, such as ordering a fatigued driver to continue or knowingly sending a truck with failed brakes onto Loop 1604.

Families who lost a loved one may bring a wrongful death claim for loss of companionship, mental anguish, and loss of household income and services. A survival claim can also recover damages the person suffered before death. These cases are sensitive. Compassionate communication with the family matters as much as legal strategy.

The Insurance Layer: Primary, Excess, and Policy Stacking

Most interstate carriers carry at least $750,000 in liability coverage, and many carry more. Larger fleets often have layered coverage with primary and excess policies. Local carriers may have different structures. Brokers and shippers can add additional layers if they share fault. Understanding the insurance map helps set expectations and guide settlement strategy.

Adjusters often move quickly to control the narrative. Early recorded statements can narrow a claim and harm leverage. Speaking with a trucking accident lawyer before giving a statement can prevent avoidable mistakes.

What To Do Right After a Truck Crash in San Antonio

Right after a crash, people feel overwhelmed. Still, simple steps can protect health and legal rights. Here is a short checklist that helps most families in Bexar County and nearby areas:

• Get medical care the same day, even if pain seems minor. Adrenaline hides injuries, and records matter.
• Photograph vehicles, road conditions, skid marks, and injuries if safe to do so.
• Collect names of witnesses and note nearby businesses with cameras.
• Avoid discussing fault at the scene or online. Short factual statements suffice.
• Contact a local trucking accident lawyer before speaking to the trucking company’s insurer.

Real-World Example: A Late-Night Jackknife on I-10

After midnight on I-10 west of downtown, a tractor-trailer jackknifed across two lanes. A pickup clipped the trailer and spun. The truck driver said a tire blowout caused the loss of control. Early photos showed a shredded tire, which seemed to support the story. But the investigation did not stop there.

The team pulled maintenance records and found irregular tire inspections. A tread depth log was blank for three months. The event data recorder showed a quick brake application and a swerve, indicating a sudden reaction rather than a simple blowout. A nearby warehouse security camera captured the truck drifting before the event. That led to questions about fatigue. The ELD system revealed violations during the week, with a long day leading into the night shift. Phone records showed a text thread with dispatch about a delivery deadline.

The case shifted from a random blowout to a preventable crash. The company’s policies, staffing, and scheduling played a central role. Settlement talks changed once the full story came to light.

How a San Antonio Trucking Accident Lawyer Builds Leverage

Leverage comes from facts and timing. A focused attorney moves quickly to preserve data and frame the case:

• Spoliation letters go out within days to secure ELD, camera, and maintenance data.
• A reconstruction expert visits the scene while marks remain visible.
• Public records, including prior violations and crash history, are pulled from FMCSA sources.
• Medical providers craft treatment plans that reflect long-term needs, such as spine injections, therapy, or surgery timelines.
• Damages are documented in real time: pay stubs, job duty descriptions, and statements from supervisors show how the injury changed work life.

Local knowledge matters. San Antonio juries value straight talk and fairness. They also expect real proof. A well-built case presents clear cause and effect, not guesswork.

Special Issues: Government Contractors, Construction Zones, and Hazardous Materials

San Antonio’s growth brings large construction projects and complex traffic patterns. Truck crashes near work zones raise unique issues. If a construction contractor created a dangerous lane shift without proper signage, that may affect fault allocation. Notice deadlines can apply if a public entity is involved.

Hazardous materials add another layer. If a tanker spills chemicals near South Flores Street, responders will prioritize containment, which can delay evidence access. Quick legal action helps secure logs and camera footage before standard data retention periods expire.

Military City traffic adds volume and time-of-day spikes. Early morning military base traffic combines with commercial runs. Predictable bottlenecks are part of the risk picture and can support arguments about reasonable speeds and following distances.

What If the Trucking Company Is Out of State?

Many carriers passing through San Antonio are based elsewhere. They still operate in Texas and can be sued here if the crash happened in Bexar County or another Texas county. Service of process can reach them through registered agents. Evidence still lives in their systems, and Texas discovery rules can reach it. A local attorney coordinates with out-of-state witnesses and courts when needed, but the case can proceed in San Antonio.

Settlement vs. Trial: How Decisions Get Made

Most cases settle, but serious truck cases often need litigation to uncover the truth. Early offers can be low if the insurer feels confident the data will disappear or the story will favor the company. Once the right records are in hand, valuation changes. The choice to settle or try a case depends on several factors: clarity of fault, permanency of injuries, available coverage, and the client’s goals.

Jury trials in Bexar County move at a steady pace, with scheduling that can extend timelines. Mediation often occurs after key depositions. Being ready for both trial and settlement keeps options open.

Common Mistakes to Avoid

Three missteps cause the most harm in truck cases. First, giving a recorded statement before speaking with counsel. Second, waiting too long to get medical care or skipping follow-up appointments, which lets the insurer argue the injury was minor. Third, trusting the trucking company to volunteer every piece of relevant evidence. They rarely do so without formal notice and legal pressure.

Why Local Representation Helps

A San Antonio trucking accident lawyer understands local roads, judges, and juries. They also know the regional carriers, their adjusters, and their defense counsel. That familiarity speeds up key steps and reduces surprises. They can reach crash reconstructionists, medical experts, and life-care planners who know how to explain complex topics in plain English. And they can meet families where they are, at home or at the hospital, to set a plan that fits their needs and schedules.

Taking the Next Step

If a truck crash has upended life, early help makes a difference. A short call can answer urgent questions: what to do about the rental car, which doctors to see, and how to handle repair estimates. It also starts the evidence preservation process before critical data goes missing. For families in San Antonio, that can be the turning point.

Reach out to a local trucking accident lawyer to discuss the path forward. Bring the crash report number, insurance letters, medical records, and photos. Even if some items are missing, a focused team can fill in the gaps. The goal is simple: protect health, protect rights, and recover fair compensation based on facts.

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.