A commercial truck crash is not simply a larger car wreck. It is an adversarial legal claim against a federally regulated motor carrier, its commercial insurer, and its corporate safety department. If an 18-wheeler, semi-truck, box truck, or commercial delivery vehicle injured you, an Irving truck accident lawyer at The Texas Chongo Personal Injury Lawyers can intervene immediately to preserve crucial electronic records before they are lawfully overwritten.
Located at 220 O’Connor Ridge Blvd in Irving, our firm manages every aspect of commercial vehicle litigation. Led by board-certified trial attorney David Sanchez, we handle complex accident investigations, analyze federal safety compliance files, and aggressively confront commercial insurers while you focus on medical treatment. Call (972) 529-3476 for a free case evaluation.
Interstate trucking companies deploy defense lawyers and crash investigators to the scene within hours of a serious collision. You deserve an equally qualified legal team fighting for you from day one:
We take truck accident cases on a contingency fee basis, which means you pay attorney fees from a recovery under the terms of the signed fee agreement. Ask us how those terms would apply to your situation during a free case evaluation.
The core difference is regulatory. A driver in a passenger car answers to the Texas Transportation Code. A commercial carrier answers to that code plus a federal rulebook governing hiring, driving hours, maintenance, drug testing, and recordkeeping.
Those federal rules create obligations you can measure against records. When a carrier breaks one, the violation becomes documented evidence rather than opinion.
Passenger car drivers in Texas carry minimum liability limits of $30,000 per person. Federal law demands substantially higher financial responsibility limits from commercial carriers under 49 CFR § 387.9:
Because commercial policies carry high liability limits, trucking insurers assign aggressive claims teams to dispute fault early.
Most truck cases turn on a handful of federal requirements. Each one produces a record, and each record has a deadline attached to it.
To prevent driver fatigue, 49 CFR § 395.3 enforces strict driving and duty limits for property-carrying vehicles:
Federal law requires testing after certain crashes. Under 49 CFR 382.303, a carrier must test the driver when the crash involves a loss of human life. Testing is also required when a person needs immediate medical treatment away from the scene, or when a vehicle is towed away because of disabling damage, provided the driver receives a citation.
The windows are short. If an alcohol test is not administered within 2 hours, the employer must prepare and keep a record of the reason for the delay, and attempts cease at 8 hours. Controlled substances testing attempts stop at 32 hours.
Sometimes, no test was performed at all. That absence is itself a fact worth developing.
Federal law allows carriers to purge vital records after specific timeframes:
Because crucial ELD and black box data can be lawfully destroyed after six months, sending formal spoliation letters immediately after a crash is vital.
Evidence in a truck case sits in places an injured person cannot reach alone. These steps put the carrier on notice and preserve material the federal clocks would otherwise release:
Responsibility often reaches well past the person behind the wheel. Depending on the facts, potentially liable parties can include:
Identifying every responsible party early affects the insurance available and the shape of the entire claim.
In June 2025, the Texas Supreme Court decided Werner Enterprises, Inc. v. Blake, No. 23-0493. The court held that the truck driver’s negligence was not a substantial factor in bringing about the injuries. Another vehicle had lost control and crossed a divided highway median before the driver had time to react.
The ruling also reached the company. All claims against the carrier failed for the same reason the claims against its driver failed, because each theory depended on the driver’s responsibility for the collision.
For an injured person, the lesson is practical. Proving that a carrier acted carelessly is not enough on its own; therefore, the case must also establish that the driver’s conduct was a proximate cause of the crash.
According to annual TxDOT commercial motor vehicle crash data, Dallas County experiences a heavy concentration of commercial vehicle collisions:
High-traffic freight arteries in Irving, including SH 114, SH 183, Loop 12, I-635, and roads servicing DFW International Airport, see constant commercial truck traffic, heightening crash risks.
Generally, 2 years. Texas Civil Practice and Remedies Code Section 16.003 requires a personal injury suit to be brought not later than 2 years after the day the cause of action accrues. Waiting until that deadline is risky in a truck case, because the carrier’s duty status records may be kept for only 6 months.
The carrier’s liability insurance is usually the primary source of coverage, and federal minimums make that policy substantially larger than a typical auto policy. More than one policy can apply when a separate owner, broker, or shipper is involved. Our team identifies each available policy before making any demand.
Possibly. Under Texas Civil Practice and Remedies Code Section 33.001, a person may not recover damages if their percentage of responsibility is greater than 50 percent. Carriers often argue shared fault, which is another reason early evidence work matters.
Quickly. The 6-month retention floor for duty status records can expire while you are still receiving medical treatment. A written preservation demand sent early is the practical answer, and you can send it before any lawsuit is filed.
No. A citation is evidence a jury may consider, but civil responsibility is decided on the full record, including duty status data, maintenance files, electronic logging device downloads, and testimony. The initial report reflects an officer’s early view, not the complete evidence.
We handle truck accident claims on a contingency fee basis, so you pay attorney fees only if you recover, under the terms of the signed fee agreement. We charge no fee for the initial case evaluation. Ask us to explain how the fee terms would apply to your specific case.
Federal retention clocks begin running the day of the crash, and the carrier’s investigators do not wait. An Irving truck accident lawyer at The Texas Chongo Personal Injury Lawyers can send preservation demands, obtain the crash report, identify every liable party, and handle the carrier’s insurer while you focus on treatment.
Attorney David Sanchez is board-certified in personal injury trial law by the Texas Board of Legal Specialization, and our Irving office serves clients in English and Spanish.
Call (972) 529-3476 for a free case evaluation.
