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Texas Trial Attorneys · Based in Houston

Car vs Truck Accidents

We prepare every case for trial, and our results show it. Your goals drive our strategy from day one.

Attorneys Adam Fomby and Jorge Borunda

Car vs truck accidents are collisions or crashes involving passenger vehicles (cars, SUVs, vans, etc.) and larger commercial vehicles, such as semi-trucks, tractor-trailers, or big rigs. These types of accidents often lead to sever injuries or fatalities, particularly for occupants of smaller vehicles, due to the substantial size and weight disparity between vehicles. Common factors contributing to accidents:

  • Driver Errors
  • Limited visibility
  • Improperly loaded cargo
  • Mechanical failures
  • Poor weather conditions

Determining Liability

Determining liability can be more complex than in accidents involving only passenger vehicles. Liability refers to the legal responsibility for the accident, while negligence is the failure to exercise reasonable care that leads to harm or damages. A truck driver may be held liable if their actions or inactions contributed to the accident. A trucking company may be held liable if they failed to exercise reasonable care in hiring, training, or if they violated federal or state trucking regulations.

Negligence

Determining negligence is a failure to exercise reasonable care that leads to harm or damages. For instance, cargo loading negligence in which improperly secured cargo can cause accidents. The vehicle manufacturer or maintenance provider may also contribute to the accident by way of defective brakes, faulty tires, or other manufacturing design flaws.

Regulations and laws

In the United States, car vs truck accidents are governed by a combination of federal and state laws and regulations. Trucking companies and their drivers are subject to strict federal and state regulations, such as hours of service, weight limits, and maintenance requirements. Violations of these regulations can contribute to accidents and may be used as evidence of negligence.

Insurance company dealings

In a car vs truck accident, there may be multiple insurance policies involved, such as the truck driver’s personal policy, the trucking company’s commercial policy, and the victim’s own policy. Each policy may have different coverage limits and conditions, making the process of filing claims more complicated. It is important to inform your own insurance company of the accident as soon as possible.

Compensation

Compensation for car and truck accidents are intended to help the injured party recover from their losses. The types and amounts of compensation vary based on the specifics of each case, influencing the severity of the injuries, the extent of property damage, and the degree of negligence involved. An experienced personal injury lawyer can help evaluate the case, gather evidence and negotiate with insurance companies to ensure the victim receives fair compensation for their injuries and losses.

Contact us Today

If you or a loved one have been injured in a car vs truck accident, our dedicated team of Houston car accident lawyers is here to help. At Borunda and Fomby PLLC, we have over 30 years of combined experience helping clients recover physically and financially from all types of auto accidents. Contact us today for a free consultation to discuss your case and learn more about your legal options. You can email us at info@txinjuryadvocates.com or call us at (713) 930-4878 or fill out our online contact form to get started.

Know your deadlines

Car vs. truck accidents in Texas: key deadlines and FAQs

Preserve the evidence now
Truck logging, camera and engine data can be overwritten within weeks. Send a preservation demand right away.
Lawsuit deadline
Generally 2 years from the crash (Tex. Civ. Prac. & Rem. Code § 16.003).
Report to your insurer
Notify your own auto insurer promptly. Your policy can require it before PIP or UM/UIM benefits are paid.

Frequently asked questions

How is a car vs. truck crash different from a car wreck?

The trucking company is governed by federal safety regulations, usually carries much more insurance, and typically has investigators at the scene within hours. The injuries are also more severe because of the weight difference. See our truck accident page for more.

Who pays my medical bills while the case is pending?

Your own PIP coverage (at least $2,500 unless you rejected it in writing) and health insurance can pay early bills. The trucking company’s insurer typically pays only at settlement or judgment, and health insurers may claim reimbursement from your recovery.

Should I talk to the trucking company’s adjuster?

Not before you speak with a lawyer. Adjusters often call within days to record a statement or offer a quick settlement, and signing a release ends your claim.

What if the truck driver says I caused the crash?

Texas compares fault. Your recovery is reduced by your percentage and barred only if you are more than 50% responsible (§ 33.001). Data from the truck itself often tells a different story than the driver.

General information about Texas law, not legal advice. Deadlines have exceptions and some are shorter than they look. Call (713) 930-4878 for a free review of your situation.

Attorney Adam Fomby at the U.S. Supreme Court

U.S. Supreme Court · Barnes v. Felix

Your injury case, handled by a Supreme Court–tested trial lawyer.

Adam Fomby led Barnes v. Felix from a Houston trial court to a unanimous 9–0 ruling at the U.S. Supreme Court. He brings the same preparation to every client we represent.

Read about the case →

Past results do not guarantee a similar outcome in any future case.

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info@txinjuryadvocates.com (713) 930-4878