Longview Commercial Vehicle Accident Lawyer

How Commercial Vehicle Accidents Differ from Consumer Auto Crashes

A commercial vehicle crash is not a larger version of a car accident. It is a categorically different legal matter.

FMCSA regulations under 49 CFR Parts 382-395 apply to commercial carriers and create obligations that do not exist in standard auto cases. When a carrier violates those federal rules, that violation is direct evidence of negligence. Texas traffic law alone does not cover the regulatory landscape.

The insurance picture is also different. Texas auto minimums are 30/60/25. Federal hazardous materials carriers are required to carry $5 million in coverage. Standard freight carriers must carry a minimum of $750,000. The coverage available in a commercial case is routinely multiples of what a personal auto policy holds.

Weight matters in physics and in law. The average passenger car weighs about 4,000 lbs. A loaded commercial truck can weigh up to 80,000 lbs under federal limits. The kinetic energy differential explains why commercial truck crashes produce more severe injuries and more fatalities than car-on-car collisions.

The evidence universe is also distinct. Commercial cases involve ELD data, driver qualification files, maintenance logs, cargo manifests, and shipper documents. All of these are governed by federal retention schedules. And carriers know this.

Commercial defendants typically deploy an accident response team within hours of the crash. Investigators, adjusters, and attorneys arrive at the scene before most claimants have retained counsel. That asymmetry is why timing is critical.

Ask any attorney you are considering: what do they do in the first 48 hours after a commercial vehicle accident is reported to them? A specific, detailed answer indicates experience. A general answer about "investigating the case" does not. If you have been in a commercial vehicle accident, see Longview commercial truck accidents for additional information on 18-wheeler-specific claims.

Types of Commercial Vehicles Involved in Longview Accidents

Gregg County sits at the I-20 / US-259 / US-80 interchange. That position makes it one of the most active commercial freight corridors in East Texas. The vehicle types on those roads vary widely, and the applicable rules change by vehicle type.

Semi-trucks and 18-wheelers are the most common GVWR commercial vehicles on the Longview road network. At up to 80,000 lbs gross, they are fully subject to FMCSA regulation. Gregg County's role as a gateway to the East Texas oil patch keeps 18-wheeler traffic consistent year-round.

Box trucks and cargo vans with GVWR over 10,000 lbs trigger FMCSA registration requirements. These are often operated by local delivery companies or regional distribution fleets. Drivers may be less experienced with commercial regulations than long-haul operators.

Tanker trucks carry liquid or gaseous cargo and present rollover and hazmat spill risks that go beyond standard freight. Federal law requires hazmat carriers to maintain $5 million in liability coverage. A rollover involving a tanker on I-20 creates both injury and environmental claims.

Construction and oilfield vehicles are common on Gregg County roads given the East Texas oil patch and active construction corridors. Cranes, cement mixers, and drilling equipment transports all bring their own regulatory and mechanical complexity.

Rideshare and TNC vehicles (Uber, Lyft) operate under a different insurance structure. Commercial carrier coverage applies when the driver is on a trip. The driver's personal policy applies when the app is off. The gap between those two states is where coverage disputes arise most often.

Transit and charter buses involve public carrier rules and potentially multiple passenger claims. If a government entity operates the bus, shortened notice requirements under the Texas Tort Claims Act may apply.

Ask any attorney you consult about their experience with the specific vehicle type involved in your accident. The regulatory framework, the insurance structure, and the evidence collection process differ meaningfully across these categories.

Who Is Liable in a Texas Commercial Vehicle Accident?

Commercial vehicle cases routinely involve multiple defendants. Identifying all of them early matters because respondeat superior and related theories each require different evidence.

The driver is the most visible defendant. Direct negligence includes speeding, distracted driving, fatigued driving, and impaired driving. But the driver is often the least financially capable defendant.

The motor carrier is liable under respondeat superior for employee driver acts committed within the scope of employment. If the driver was on a company route, carrying company cargo, or operating under a company dispatch, the carrier is in the case.

negligent entrustment is a separate theory from respondeat superior. Under negligent entrustment, you prove the carrier gave the vehicle to a driver it knew or should have known was unfit. That requires the driver's prior MVR, complaint history, accident record, and CDL status. Those documents live in the driver qualification file.

Negligent hiring means the carrier failed to run required background checks before putting the driver on the road. Negligent supervision means the carrier failed to monitor hours-of-service compliance or drug and alcohol testing after hiring. Both are independent theories that survive even if respondeat superior is contested.

The vehicle owner or lessor carries maintenance obligations under both lease terms and FMCSA regulations. If a separate company owns the vehicle and leased it to the carrier, that company may be an independent defendant. Maintenance contractors who performed faulty repairs are potentially liable as well.

Cargo loaders and shippers are responsible for proper load securement. Improperly secured cargo causes jackknifes, rollovers, and spillage. The bills of lading and weight tickets document what was loaded and how.

In some Texas franchise cases, a franchisor may carry vicarious liability for franchisee driver conduct. This is fact-specific and requires analysis of the franchise agreement.

Each of these defendants may carry separate insurance. Each may designate third parties under CPRC Section 33.004 to spread responsibility further. Before you commit to a legal strategy, you need an attorney who has mapped the full defendant chain.

Texas HB 19 and Bifurcated Trials for Commercial Vehicle Defendants

Texas House Bill 19, effective September 1, 2021, created special procedural rules for lawsuits against commercial motor vehicle defendants.

Under HB 19, the trial splits into two phases. Phase 1 is the liability and damages trial. The jury hears evidence about the accident, the driver's negligence, and the claimant's actual damages. What the jury does not hear in Phase 1 is any evidence about the company's prior conduct, safety record, or pattern of violations.

Phase 2 occurs only if the jury in Phase 1 assigns 25% or more of fault to a commercial motor vehicle defendant. In Phase 2, the jury hears evidence relevant to exemplary damages claims, including the company's historical safety practices and patterns of negligence.

The stated purpose of HB 19 is preventing juries from awarding damages based on emotion about a company's conduct before they have determined whether the company caused the accident. The practical effect is that the defendant company gets to present its Phase 1 case without the jury knowing about prior complaints, FMCSA violations, or internal safety failures.

This structure has direct implications for how a plaintiff's case is built. Phase 1 must stand on the driver's negligence and the carrier's direct regulatory violations. The company conduct story gets told in Phase 2, but only if you have already convinced the jury in Phase 1.

Ask any attorney you are considering: how do they structure their Phase 1 case under HB 19? What evidence do they use to establish the 25% threshold that opens Phase 2? An attorney who has not tried commercial vehicle cases under HB 19 will have a learning curve on your case.

Morris & Dewett has handled commercial vehicle cases in East Texas. The procedural structure under HB 19 is part of our case assessment from the first interview.

FMCSA Regulations and How Violations Build Your Case

Federal trucking regulations create specific, documented obligations. When a carrier fails to meet those obligations, that violation is direct evidence of negligence. Not just circumstantial carelessness.

49 CFR Part 395 governs HOS limits. The driver is permitted 11 hours of driving within a 14-hour on-duty window. A mandatory 30-minute break is required after 8 hours of driving. Violations are logged in the ELD. The prior 7 days of HOS data are required by law to be preserved, and fatigue cases need every day of that week, not just the day of the crash.

49 CFR Part 382 covers controlled substance and alcohol testing. Carriers must test drivers pre-employment, at random, and after any qualifying accident. Post-accident test results are among the first documents to preserve. If the carrier failed to conduct a required post-accident test, that failure is itself a violation.

49 CFR Part 391 requires carriers to verify the driver's CDL, obtain a current medical certificate, and review the MVR annually. If a carrier hired a driver with a disqualified license or a failed medical certificate, that hiring decision is provable through the driver qualification file.

49 CFR Part 396 mandates annual vehicle inspections and ongoing maintenance recordkeeping. If a tire, brake, or steering defect caused or contributed to the crash, the maintenance records show whether the carrier knew about the problem and failed to fix it.

The ELD mandate became effective in December 2019. Paper logs are no longer accepted for most carriers. ELD data is retrievable by subpoena and is admissible. If a carrier claims the data does not exist, that is a spoliation issue.

Ask any attorney you consider: which specific FMCSA violations are implicated by the facts of your accident, and how do those violations translate into trial evidence? A general answer about "federal regulations" is not enough. The answer should be regulation-specific.

Evidence Preservation in Commercial Accident Cases

The 30-day clock starts on the day of the accident. That is how long ECM data cycles before overwriting. A Spoliation letter must go to the carrier within 24 to 48 hours of the accident. Not within a few weeks. Not after you have retained an attorney for a month.

The preservation letter demands that the carrier retain the ECM/ELD data, dash camera footage, driver qualification file, maintenance records, post-accident drug and alcohol test results, and all cargo documentation. Once the carrier receives that letter, destroying or overwriting any of those materials creates a spoliation claim. Courts can instruct the jury to assume the destroyed evidence was unfavorable to the party that destroyed it.

The driver qualification file documents what the carrier knew about the driver before the accident. It contains the MVR checks, prior accident disclosures, CDL copies, medical certificates, and the original employment application. If negligent hiring or negligent entrustment is in your case, the DQF is where you prove it.

Post-accident drug and alcohol test results are required under FMCSA Part 382 after qualifying accidents. Those results must be preserved regardless of whether the carrier thinks they are relevant. If the carrier failed to conduct the test, that failure is documented in the absence of the results.

Cargo documents (bills of lading, weight tickets, and shipper certificates) may reveal that the load exceeded legal weight limits or was improperly secured. Gregg County traffic cameras and surveillance footage from fuel stops on I-20 may capture the vehicle before the crash. Carriers sometimes have their own dash cameras. That footage may not be preserved voluntarily.

Hours-of-service logs for the 7 days before the crash are essential in fatigue cases. Drivers who are near their limits on day 6 and then push through on day 7 leave a paper trail in the ELD. Getting the full week of data is not optional if fatigue is a factor.

Ask any attorney you consult: do they send preservation letters the same day they are retained, or do they wait? If they wait, ask why. Preservation letters sent after 48 hours are often too late for the most critical electronic evidence.

Gregg County and Longview Commercial Accident Context

Longview sits at the convergence of I-20, US-259, and US-80. That interchange makes Gregg County one of the most commercially active freight corridors in East Texas, and one of the most active in the state.

Gregg County is a gateway to the East Texas oil patch and the Permian Basin supply chain. That means heavy industrial freight moves through and around Longview year-round. Steel, chemicals, oilfield equipment, pipeline materials, and construction supplies flow through the I-20 corridor continuously. The frequency of commercial vehicle traffic on these roads is not seasonal.

Good Shepherd Medical Center at 700 E. Marshall Ave. and Longview Regional Medical Center at 2901 N. Fourth St. are the two major hospitals serving Gregg County trauma cases. If an accident produces serious injuries in Longview, those are the facilities most likely to be involved in your treatment record.

Civil litigation arising from commercial vehicle accidents in Gregg County is filed in the Gregg County District Courts. The 188th and 307th District Courts handle civil matters at the courthouse in downtown Longview. Knowing the local court and its procedures is part of competent representation in this market.

See Longview injury lawyers for additional practice areas and firm information.

Damages Available in a Texas Commercial Vehicle Accident

Texas personal injury law recognizes two categories of compensable damages.

Economic damages are the measurable financial losses. Past and future medical expenses include emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment. Lost wages cover income you have not been able to earn since the accident. loss_of_earning_capacity is different from lost wages. It measures the long-term reduction in your ability to work, calculated by a vocational expert and economist. Property damage and rehabilitation costs are also economic damages.

Non-economic damages are harder to quantify but are legally recognized. Physical pain and mental anguish are separate line items, not a combined category. Disfigurement and physical impairment are compensated independently from pain. Loss of consortium is available to a spouse for the loss of companionship and support.

Exemplary damages are available in commercial cases under CPRC Section 41.008 on clear and convincing evidence of malice, fraud, or gross negligence. The cap is the greater of: 2x economic damages plus noneconomic damages up to $750,000, or $200,000. No cap applies for certain felonies including murder or aggravated assault.

Texas modified the collateral source rule under CPRC Section 41.0105. Under the rule as interpreted in Haygood v. De Escabedo (Tex. 2012), your medical expense recovery is limited to amounts actually paid or incurred. Not the billed amount. If your insurer negotiated a lower rate with your hospital, your recovery is limited to that negotiated rate. This affects how damages are calculated and presented at trial.

Texas Proportionate Responsibility in Multi-Party Commercial Claims

Commercial vehicle accidents routinely involve more than one defendant. Texas CPRC Chapter 33 governs how fault is allocated among them.

Each defendant pays only their proportionate share of damages unless they are found more than 50% responsible. Defendants at 50% or below pay their share only. Defendants above 50% are jointly and severally liable for the entire judgment. Consider four defendants: a driver at 40%, a carrier at 35%, a cargo loader at 15%, and a maintenance contractor at 10%. Each pays their own share. No single defendant is on the hook for all of it.

Under CPRC Section 33.004, defendants can designate responsible third parties. This allows them to argue that a non-party shares fault. If the non-party is designated, you have 60 days to add them as a defendant or they become a phantom fault absorber at trial. Identifying all potentially responsible parties early matters precisely because of this mechanism.

The 51% bar applies to the claimant as well. If the jury assigns 51% or more of fault to you, recovery is zero. At exactly 50%, you recover but your damages are reduced by 50%. Insurance adjusters build their defense around pushing fault percentages toward and past that threshold. Your attorney's counter-strategy begins with the accident reconstruction and continues through trial.

See Longview injury lawyers for additional information about the firm and Texas injury claims generally.

How Long Do You Have to File a Commercial Accident Claim in Texas?

Texas gives injury claimants two years to file suit. CPRC Section 16.003(a) sets the general personal injury statute of limitations at two years from the date the claim accrues. For wrongful death claims, Section 16.003(b) sets the same two-year period measured from the date of death.

Tolling applies for minors. Under CPRC Section 16.001, a person under 18 at the time of injury has until two years after turning 18 to file. A child injured at age 10 has until age 20.

The discovery rule extends the limitations period in cases where the injury was not immediately apparent. The clock starts when you knew or should have known about the injury and its connection to the defendant's conduct. This is most relevant in toxic exposure and latent injury cases.

The practical deadline pressure in commercial vehicle cases is not the two-year statutory period. It is the 30-day ECM/ELD data cycle and the carrier's immediate post-accident response. By the time most claimants have retained counsel, the carrier has already secured its own evidence. Acting quickly is not about the statute. It is about the evidence.

If a government entity owns or operates the commercial vehicle (transit authority, municipal fleet), the Texas Tort Claims Act may require formal notice within six months. That is a shorter deadline than the two-year civil statute and applies regardless of the circumstances.

Frequently Asked Questions

How is a commercial vehicle accident different from a regular car accident case in Texas?

Commercial vehicle cases involve federal regulations under 49 CFR that do not apply to standard auto crashes. The [FMCSA](https://www.fmcsa.dot.gov/) governs driver qualifications, hours of service, vehicle maintenance, and drug testing. Violations of those regulations are evidence of negligence. The evidence set is also different: ELD data, driver qualification files, cargo documents, and post-accident test results all exist in commercial cases and do not exist in car accident cases. Commercial defendants also carry higher insurance minimums than passenger vehicles.

Can I sue the trucking company, not just the driver?

Yes. Texas law recognizes several theories for holding the motor carrier directly liable. Respondeat superior makes the carrier liable for employee driver acts within the scope of employment. Negligent hiring applies if the carrier failed to verify the driver's qualifications. Negligent entrustment applies if the carrier knew or should have known the driver was unfit. Negligent supervision applies if the carrier failed to monitor HOS compliance or drug testing. Each theory is independent and supported by different evidence.

What is Texas HB 19 and how does it affect my case?

Texas House Bill 19, effective September 1, 2021, creates a bifurcated trial structure for commercial motor vehicle cases. Phase 1 covers negligence and actual damages only. The jury in Phase 1 does not hear evidence about the company's prior safety record or history of violations. Phase 2 occurs only if the jury assigns the CMV defendant 25% or more of fault. In Phase 2, the jury hears evidence relevant to exemplary damages. The practical effect is that your Phase 1 case must be built on the driver's direct negligence and documented regulatory violations, not on the company's conduct history.

How long do I have to file a commercial vehicle accident lawsuit in Texas?

Two years from the date of injury under [CPRC Section 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). For wrongful death, two years from the date of death under Section 16.003(b). Minors have until two years after turning 18. The statutory deadline matters less immediately than the 30-day ECM/ELD data overwrite cycle. Carriers delete that electronic evidence automatically unless they receive a preservation letter within 24 to 48 hours of the accident.

What evidence should be preserved after a commercial accident in Longview?

The ECM (black box) and ELD data overwrite within 30 days. A preservation letter to the carrier must go out within 24 to 48 hours. The letter should demand retention of: ECM and ELD data, dash camera footage, the driver qualification file, maintenance and inspection records, post-accident drug and alcohol test results, cargo documents (bills of lading, weight tickets), and any GPS tracking data. Hours-of-service logs for the 7 days before the accident are essential if driver fatigue is a factor. Gregg County traffic cameras and fuel stop surveillance footage may also be available but require prompt requests.

What does proportionate responsibility mean if multiple companies are at fault?

Under [CPRC Chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm), each defendant pays their own proportionate share of your damages. Only defendants found more than 50% responsible are jointly and severally liable for the full judgment. A defendant at 30% fault pays 30% of the damages, not all of them. Defendants can also designate non-parties as responsible third parties under Section 33.004, which can reduce their own share. You have 60 days to add a designated third party as a defendant, or they become an unrecoverable fault absorber at trial.

Does FMCSA apply to all commercial vehicles in Longview?

FMCSA regulations apply to commercial motor vehicles engaged in interstate commerce and to intrastate carriers meeting certain thresholds. For trucks, [FMCSA](https://www.fmcsa.dot.gov/) jurisdiction typically covers vehicles with GVWR over 10,001 lbs operating across state lines, vehicles carrying hazardous materials, and vehicles transporting passengers. Purely intrastate operators in Texas may be subject to Texas Department of Transportation rules rather than FMCSA rules, though many mirror FMCSA standards. Rideshare and TNC vehicles are regulated differently under TNC-specific state law. The jurisdictional question affects which regulations apply and which documentation must be produced.

What types of commercial vehicles most commonly cause accidents in Longview?

Semi-trucks and 18-wheelers are the most common on the I-20 / US-259 corridor given Gregg County's role in East Texas freight movement. Box trucks and cargo vans are frequent in local delivery operations. Tanker trucks carrying oilfield and chemical products operate on routes from the East Texas oil patch. Construction and oilfield vehicles are common on secondary roads around Gregg County. Each vehicle type operates under different insurance requirements and different regulatory frameworks.

What damages can I recover in a Texas commercial vehicle accident case?

Texas allows recovery of economic damages (medical expenses, lost wages, loss of earning capacity, property damage) and non-economic damages (physical pain, mental anguish, disfigurement, physical impairment, loss of consortium). Exemplary damages are available under [CPRC Section 41.008](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm) on clear and convincing evidence of malice, fraud, or gross negligence, subject to statutory caps. Medical expense recovery is limited to amounts actually paid or incurred under CPRC Section 41.0105, not the full billed amount.

How does Texas HB 19 affect what evidence the jury sees in Phase 1?

In Phase 1 under HB 19, the jury sees evidence about the driver's negligence and the claimant's actual damages only. Evidence of the company's prior safety violations, complaint history, or pattern of negligence is excluded from Phase 1. That evidence is reserved for Phase 2, which is only reached if the jury assigns the CMV defendant 25% or more of fault in Phase 1. The structure means your Phase 1 case must be built on the crash facts, the driver's conduct, and documented FMCSA violations. Not on the company's overall record.

These answers reflect Louisiana law as of January 2026. For case specific advice, consult with a Louisiana personal injury attorney who can evaluate your particular circumstances.