Trucking cases do not start at the scene; they start years earlier in a dispatch office, a maintenance bay, and a logbook. When a semi rear-ends a family sedan on 75 or tips over on Sam Rayburn during a summer storm, the question everyone asks first is who caused it. The better question is who is legally responsible and how you prove it. As a McKinney personal injury lawyer, I’ve learned that liability in truck collisions is built with methodical evidence, hard deadlines, and a clear understanding of how commercial transportation actually operates.
Why truck cases are different from car crash claims
A truck is not just a larger car. It is a rolling business backed by federal regulations, company policies, and a complex blend of insurance. A McKinney car accident lawyer can help after a standard fender-bender, but a commercial motor vehicle crash brings magnified stakes and more potential defendants. A single wreck can involve a driver, the motor carrier, a tractor owner, a trailer owner, a broker or shipper, a maintenance vendor, and a parts manufacturer. Each may hold a piece of liability.
These claims also move quickly behind the scenes. Carriers often deploy rapid response teams within hours. I have received spoliation letters addressed back to me from defense counsel before my client was out of surgery. The playing field tilts toward the side that locks down evidence first. That is the main reason an early call to a McKinney injury lawyer matters.
The legal standards that govern fault
Texas follows a modified comparative negligence rule. If a plaintiff is more than 50 percent at fault, recovery is barred; if fault is 50 percent or less, damages are reduced by the percentage of responsibility. Juries allocate that percentage, but the evidence you gather frames their decision.
Layered on top of state negligence law are the Federal Motor Carrier Safety Regulations (FMCSRs). These rules set baseline standards for issues like hours of service, vehicle inspection, drug and alcohol testing, load securement, and driver qualification. Violating a regulation is not automatic liability, yet it is powerful evidence of negligence. In practice, juries understand that trucking is a profession with rules for safety, and they hold carriers to those rules when violations contribute to a crash.
Fault scenarios we encounter repeatedly
Every wreck is its own story, but patterns emerge.
Driver fatigue shows up in subtle ways. I once handled a case where the electronic logging device reported legal hours, but cell-site location data showed the driver had spent the prior night shuttling a personal vehicle across counties. He started his shift technically “off duty” but effectively sleep-deprived. Reaction time studies and the physical evidence at the scene supported a fatigue-related rear-end.
Improper following distance remains a frequent cause on US-75 during rush hour. A fully loaded tractor-trailer needs roughly two football fields to stop at highway speed. Video from a nearby dash cam captured brake lights stacking up, and the truck’s telematics recorded a hard brake alert less than one second before impact. That mismatch is easy for a jury to understand.
Maintenance failures are often avoidable. In one matter, a steer tire blew on a downhill grade near Melissa. The carrier’s pre-trip inspection checked the tire “OK,” but maintenance invoices revealed uneven wear noted for months. The tire manufacturer denied a defect. A forensic tire expert showed the separation pattern spoke to chronic underinflation and misalignment, not a sudden road hazard.
Cargo problems create unique liability claims. A loaded flatbed with improperly secured steel coil can shift enough to turn a slight steering correction into a rollover. Here, liability can spread to the shipper that loaded the trailer, the carrier that failed to verify securement, and sometimes the broker that pushed an unrealistic schedule knowing the load attributes.
Building liability with early, focused action
It is tempting to treat a truck crash scene like any other motor vehicle accident. Photographs, witness names, officer information, insurance details. Important, yes, but incomplete. In trucking cases, the evidence you do not see at the scene is usually the evidence that decides the case.
The first priority is to preserve data. Electronic logging devices (ELDs) retain driver hours, duty status, and sometimes GPS breadcrumb trails. Engine control modules (ECMs) may store last stop, last hard brake, speed, throttle, and fault codes. Telematics vendors maintain server-side backups even if the truck’s unit goes offline. Surveillance cameras from nearby businesses commonly overwrite footage in days. Without a prompt spoliation letter and, when warranted, a restraining order, critical evidence evaporates.
A well-crafted preservation letter should extend beyond the tractor and trailer. Modern fleets rely on third-party dispatch platforms, driver-facing cameras, mobile apps for bills of lading, and roadside inspection reports stored electronically. Ask for the driver qualification file, prior accident history, training records, drug and alcohol testing records, maintenance schedules, repair orders, and any policies and procedures relevant to hours of service, route planning, and distracted driving. I include specific date ranges and device categories so counsel cannot later claim ambiguity.
The scene tells a physics story
Skid marks, gouge marks, fluid trails, and debris fields sketch the collision narrative. The angle of a yaw mark can approximate pre-impact speed. Crush profiles on the passenger car can suggest point of impact and energy transfer. In a case on the SRT, a subtle scuff on the inside of the truck’s right front tire matched a broken reflector post, proving the tractor was already drifting onto the shoulder before heavy braking began. That detail aligned with a distraction timeline from phone records.
I prefer to send a reconstructionist to every significant truck crash as soon as possible. When we cannot access the scene immediately, aerial imagery, traffic cameras, and even crowd-sourced dash cam forums help us rebuild conditions. Weather data matters too. Rain changes coefficient of friction assumptions; a turnpike crosswind matters for tall box trailers. In North Texas, gusts on open stretches can add or subtract several miles per hour of effective lateral force.
Hours of service, fatigue, and the human factor
Fatigue does not always announce itself. ELDs can show complete compliance while a driver’s smartphone usage, personal errands, and off-duty workload tell another story. Sleep apnea screening, medications with drowsiness warnings, and prior citations for hours violations build a cumulative picture.
When we analyze logs, we look for unrealistic dwell times at docks, patterns of “on-duty not driving” that mask actual driving, geographic gaps between logged locations, and back-to-back shifts with minimal true sleep opportunity. The driver’s own language in text messages often betrays exhaustion: “running on fumes,” “no time for a nap,” that sort of shorthand. A McKinney auto accident lawyer familiar with how dispatch pressures trickle down can make sense of these clues.
Distracted driving and the digital breadcrumb
Phone records, app usage, and in-cab camera footage define negligence in the smartphone era. We subpoena call detail records and, where necessary, seek a forensic download of the handset. Many carriers install driver-facing cameras that capture eye movement, head position, and seatbelt status. A common defense is that the footage is only retained for “events,” yet an earlier harsh brake or lane departure often triggered recording seconds before the crash. Those buffers can be the difference between speculation and proof.
App data has surprised more than a few defendants. Food delivery orders during supposed on-duty time. Streaming music interactions seconds before impact. Navigation app reroutes indicating last-minute lane changes. None of these alone make a case, but together they form persuasive circumstantial evidence.
Mechanical condition and maintenance culture
A single out-of-service citation does not define a carrier, yet a pattern of brake, tire, or lighting violations suggests a maintenance culture that tolerates risk. We pull the company’s Safety Measurement System (SMS) scores, roadside inspection results, and crash history. Defense attorneys argue the SMS is inadmissible or unreliable. I agree it is not proof of negligence on its own, but it is a map. If the carrier’s Vehicle Maintenance BASIC percentile is persistently poor, I know where to look first: brake stroke measurements, air leak repairs, and maintenance intervals that slipped under workload pressure.
Parts failures demand quick inspection. If a brake component fractured, we need a chain of custody by the book. Bag the part, label it, log it, and store it securely. Expert metallurgists can tell if a piece failed from overload, fatigue, or improper installation. Juries appreciate tangible objects that explain abstract concepts.
Broker and shipper liability in the right cases
Lawyers sometimes oversell broker and shipper liability. Not every load creates upstream fault. But when a shipper undertakes loading and does it negligently, or a broker exerts control and selects a carrier with a known safety problem to meet an impossible deadline, additional liability may apply. The key is evidence of control or knowledge. Emails that push a driver to “make it work,” instructions to skip weigh stations, or directives to avoid certain roads because of enforcement activity can unlock a negligence claim beyond the carrier.
When the load itself poses special hazards, like hazmat or oversize freight, regulations may impose non-delegable duties on shippers that change the analysis. A careful McKinney personal injury lawyer will trace the contract structure among shipper, broker, and carrier, then match duties to conduct.
The role of the police report versus the real record
In minor auto collisions, a police report can carry the day. In truck cases, it is a starting point. Officers do good work with limited time, often while managing traffic and safety hazards. They rarely have access to telematics, corporate policies, or ELD data at the roadside. I have seen a crash labeled “unsafe speed” later traced to a brake imbalance that extended stopping distance by 30 percent. I have also seen a driver cited for lane change end up exonerated by dash cam footage from an adjacent vehicle.
Treat the report as guidepost, not gospel. Follow up with the investigating officer for any body-worn camera or dash cam footage. DPS troopers in serious collisions often compile a crash reconstruction packet worth reading tightly. If the Multi-Disciplinary Accident Investigation (MAIT) team was involved, get their measurements and photographs early.
Dealing with insurance layers and self-insured retentions
Commercial policies are not one-size-fits-all. A carrier may have a primary policy for $1 million, a self-insured retention that functions like a deductible, and excess layers that attach above the primary. The name on the door of the tractor may not match the entity on the policy. The trailer may belong to a different company with its own coverage. Subrogation claims from health insurers and hospital liens complicate settlement timing.
Practical insight: identify the policy structure early and determine who has authority to settle. Some excess carriers won’t engage until liability is clear and damages exceed the primary. A well-supported demand that addresses liability proof, exposure analysis, and jury value in the venue has a better chance of drawing meaningful attention. In Collin County, adjusters study verdict history carefully; it helps to cite comparable outcomes and explain why your case aligns.
Damages evidence intertwined with liability
You do not prove liability in a vacuum. Credible damages make liability evidence matter. In one case, a truck rear-ended a pickup at low speed. The carrier argued minor impact and minimal fault. But the plaintiff had an unusual preexisting condition that rendered him particularly vulnerable to neck injury. We disclosed full medical history early, hired a treating neurosurgeon to explain mechanism of injury in plain terms, and used crash pulse data from the ECM to show a higher-than-appearing delta-v. The jury found the carrier largely at fault and awarded for the aggravation of a prior condition. Transparent damages bolster liability credibility.
Settlement leverage depends on readiness for trial
Carriers and their insurers settle when they see risk they cannot control. That means depositions lined up with the right sequence: driver first, then safety director, then the 30(b)(6) corporate representative on topics such as hiring, training, supervision, hours-of-service compliance systems, and incident response. The order matters. I want admissions from the driver that I can pin to a corporate policy failure when the safety director testifies.
Venue shapes strategy. McKinney juries are pragmatic. They appreciate rules and expect professionals to follow them. I focus on policies that make sense in everyday life: rest before complex tasks, fix recurring equipment problems, and tell the truth in records. When the defense can explain a deviation as a one-off human mistake, jurors often forgive. When patterns of corner-cutting appear, they do not.
Common defenses and how to meet them
Defense counsel return to a few themes because they work if unchallenged. The sudden emergency defense pops up when weather or another driver supposedly forced an unavoidable reaction. It can be valid, but it falls apart with evidence of following too closely, speeding for conditions, or known crosswind risks that required slowing.
Independent contractor shields are another favorite. Carriers argue the driver is an owner-operator outside their control. Federal regulations and Texas law undercut that when the carrier holds an operating authority and displays its DOT number on the tractor, exercises dispatch control, and maintains the right to terminate for safety violations. The practical test is control. If the carrier controls the work, it owns the responsibility.
Phantom vehicle claims occasionally appear: a mystery car McKinney personal injury lawyer cut the truck off and fled. We test that with traffic camera pulls, canvassing nearby businesses, and collecting third-party dash cams. On a busy corridor like 75, the odds of zero corroboration are low if the story is true.
Finally, the seatbelt defense can reduce damages under Texas law. I address it directly. If my client was unbelted, we quantify the effect honestly with biomechanical experts and focus the jury on the cause of the crash, not just the outcome.
Practical steps for injured people and families
- Seek immediate medical evaluation and follow through with treatment; gaps in care become defense exhibits. Photograph vehicles, injuries, and the scene; save damaged items like child seats. Do not speak to the trucking company’s insurer before consulting counsel; recorded statements can be used against you. Preserve your own digital data, including phone photos, dash cam files, and any health app logs relating to activity and sleep. Contact a McKinney personal injury lawyer quickly to send preservation letters and start the investigative clock.
Choosing the right legal team for a truck case
Experience with trucks, not just cars, should top your list. Ask how often the lawyer litigates cases with ELDs, telematics, and corporate policies at issue. Ask whether they retain reconstructionists and human factors experts early or only after suit. A McKinney auto accident lawyer who actually tries cases will structure discovery to build a narrative that makes sense to jurors in this community, not just to other lawyers.
Resources matter. Trucking defendants rarely underfund their defense. Your legal team should have the capacity to front expert costs, conduct out-of-state depositions if the carrier’s corporate witnesses sit elsewhere, and hold the case through trial. Look for transparency on fees and an explanation of how medical liens and subrogation will be resolved from any settlement.
A note on timing and preservation deadlines
Trucking records live on a schedule. ELD backups vary by vendor, but carriers often retain server data for about six months unless litigation triggers longer holds. Paper driver logs were once discarded after six months under regulations; ELDs changed the format, not the danger of loss. Dash cam clips without a flagged “event” can roll off in days. Some weigh station and toll records purge quickly. If you wait, you lose.
That is why a McKinney injury lawyer sends preservation letters immediately and, when needed, files suit early to secure court orders against destruction. Judges in Collin County generally expect both sides to preserve evidence reasonably, but they will not punish a defendant for ordinary data retention policies if no one asked them to stop.
The value of local familiarity
Truck traffic through Collin County is a daily reality. Construction zones shift along 380 and 121, and those changes alter liability arguments. If a crash occurs near a lane merge with poor temporary striping, photographs from days around the event become critical. Local counsel familiar with traffic patterns, weather quirks, and jury tendencies can frame the story in a way that resonates. A national firm may bring resources; a local McKinney car accident lawyer brings context. The best cases combine both strengths when appropriate.
When trial is the right answer
Most cases resolve without a jury. Some should not. If the carrier denies obvious rule violations, refuses to produce key data, or minimizes life-changing injuries, a trial may be the only path to accountability. Trials sharpen focus. Jurors expect clarity, not volume. I keep exhibits simple: the regulation text on one slide, the policy page on the next, and the violation in the defendant’s own words on the third. Physical exhibits like a worn brake pad or a frayed strap make an impression words alone cannot.
Verdicts do more than compensate. They send signals to the industry about which shortcuts a community won’t accept. That influence may be limited, but I have seen post-verdict policy changes emerge from the pressure of a courtroom loss.
Final thoughts for those facing the aftermath
Truck collisions change lives in an instant. Proving liability takes patience, speed, and a plan. The plan starts with preserving digital and physical evidence, continues through careful reconstruction and regulatory analysis, and ends with a clear, honest presentation to an adjuster or a jury. Along the way, you need a guide who understands that a good case is not just about rules broken but about why they existed in the first place.
If you are sorting through a crash that involved a semi, a box truck, or a commercial van, speak with a lawyer who handles these cases regularly. Whether you search for a McKinney personal injury lawyer, a McKinney auto accident lawyer, or a McKinney car accident lawyer, look for someone who can talk comfortably about ECMs, FMCSRs, and corporate depositions, and who also listens closely to how the collision has affected your day-to-day life. Real accountability requires both technical proof and human truth, and the strongest cases honor both.
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Thompson Law
Address: 321 N Central Expy STE 305, McKinney, TX 75071
Phone: (214) 390-9737