Tyler Texas Commercial Vehicle Accident Lawyer

What Makes Commercial Vehicle Accidents Different from Car Accidents

Commercial vehicle crashes involve federal regulations, multiple potentially liable parties, and institutional defendants with professional defense teams. Car accident claims do not. We handle cases involving 18-wheelers, flatbeds, tanker trucks, box trucks, delivery vans, dump trucks, passenger buses, and utility fleet vehicles. The legal issues vary by vehicle type, but the structural difference from a car accident remains the same.

Weight is where it starts. A fully loaded semi can weigh 80,000 pounds. A passenger car weighs roughly 3,500. The physics of that disparity show up in injuries that are categorically more severe than most car crash injuries. The legal structure reflects that difference.

Commercial crash types also create distinct liability angles. Jackknife crashes happen when a driver brakes hard and the trailer swings out, often sweeping multiple lanes. Rollover crashes involve top-heavy loads losing stability on curves. Tire blowout crashes trace back to defective recap tires or deferred maintenance. Cargo shift crashes point to improper loading procedures and the shipper who handled the freight. Each type has its own evidence trail.

respondeat superior

Underride accidents deserve separate attention. This is when a passenger vehicle slides beneath the rear or side of a trailer. Federal regulations require underride guards, but compliance is uneven and enforcement spotty. An underride crash may give rise to a product liability claim against the trailer manufacturer or the carrier itself, in addition to the standard negligence claim against the driver.

Insurance minimum requirements are significantly higher for commercial carriers than for private drivers. Texas requires only 30/60/25 in personal auto coverage: $30,000 per person, $60,000 per accident, $25,000 property damage. Commercial motor carriers must carry between $750,000 and $5 million depending on the type of cargo. That larger coverage floor matters for seriously injured claimants, but identifying and accessing all applicable policies requires knowing who actually owns the truck, who employs the driver, and who holds each policy.

Accident Types and Their Liability Implications

Ask any attorney you consult how they evaluate the specific crash type before assigning liability. A jackknife crash implicates the driver's braking judgment and the tractor-trailer's brake maintenance records. A tire blowout crash requires pulling the tire maintenance history, identifying whether the tire was a recap, and determining when the last inspection occurred. Cargo shift accidents require the bill of lading, loading documentation, and shipper records. If the attorney you are talking to treats all commercial crashes the same way without distinguishing crash type, that is a gap in their approach.

Morris & Dewett starts every commercial vehicle case by mapping the crash type to the relevant evidence categories before anything else. The crash type tells us which parties to name, which records to demand, and what expert disciplines we need.

Employer Liability: Respondeat Superior, Negligent Hiring, and Negligent Entrustment

The driver caused the crash. That does not mean the driver is the only defendant. It does not even mean the driver is the most important one. Texas law provides several independent paths to hold the motor carrier directly liable.

negligent entrustment

Negligent hiring means the company failed to conduct adequate pre-hire screening. FMCSA requires carriers to verify a driver's commercial driver's license (CDL), run motor vehicle record checks, verify prior employment, and obtain a drug test clearance. When a company skips steps or hires a driver with a documented history of violations, that is a direct claim against the company, independent of what the driver did in the crash.

Negligent supervision is a related theory. The carrier knew or should have known the driver was pushing unsafe hours, failing random drug tests, or receiving complaints about driving behavior. The company did nothing. That failure creates liability separate from the specific crash incident.

The independent contractor argument is something you will encounter in commercial vehicle cases. Carriers often structure driver relationships as independent contractor arrangements to avoid direct employment liability. Texas courts do not accept the label at face value. The analysis is whether the carrier actually controlled how the work was performed: dispatch instructions, route requirements, performance standards, vehicle ownership. If the carrier controlled the operation, the driver is effectively an employee for liability purposes regardless of the contract.

Ask any attorney you consult how they handle the independent contractor defense. It requires specific discovery into the actual working relationship, not just the contract. If the attorney does not immediately recognize the issue, that is a problem.

Morris & Dewett identifies all defendant entities in the first week of every commercial case. Many trucking operations run a driver company, a leasing company that owns the equipment, and a holding company that controls both. Naming only the driver company can leave significant coverage off the table.

FMCSA Regulations and What They Mean for Your Case

FMCSA violations are not just administrative matters. They are evidence of negligence in a civil case. The Federal Motor Carrier Safety Administration sets mandatory safety standards for commercial vehicles operating in interstate commerce, and failure to comply creates a direct basis for liability.

HOS

The hours-of-service rules are where many commercial crashes begin. A driver on hour 13 of a 14-hour window is significantly more impaired than at hour 4. When the ELD records show that a driver was within 90 minutes of the daily limit at the time of the crash, that data becomes a central exhibit. FMCSA requires an 11-hour daily driving maximum within a 14-hour on-duty window, with a mandatory 30-minute break after 8 cumulative hours. These rules exist because the data on fatigue-related commercial crashes is unambiguous.

ELD

Driver qualification files are discovery targets in every commercial vehicle case. FMCSA requires carriers to maintain files that include medical certificates, motor vehicle record checks, drug test results, and prior employment verification. When those files have gaps (a missing drug test, an expired medical certificate, an MVR check that was never run), those gaps establish negligent hiring as a matter of record.

FMCSA Part 396 requires regular vehicle inspections and maintenance logs. A tire that should have been replaced two months before the crash does not show up only in the crash report. It shows up in the maintenance records the company was required to keep. Ask any attorney you consult whether they request FMCSA compliance records as part of their standard commercial case discovery. Those records are essential and they need to be requested before the carrier's normal retention schedule destroys them.

Morris & Dewett requests the full FMCSA compliance file in the first preservation demand on every commercial vehicle case: driver qualification records, drug testing results, vehicle maintenance logs, and inspection reports.

Texas HB 19: Bifurcated Trials and Exemplary Damages

Texas House Bill 19 took effect September 1, 2021. It changed the trial structure for commercial motor vehicle cases in a way that affects how every case must be prepared from day one.

Before HB 19, a plaintiff could present evidence of the carrier's safety history in the main trial: prior accidents, regulatory violations, patterns of disregarding FMCSA rules. That evidence was powerful in front of juries and drove significant verdicts. HB 19 changed that.

Under HB 19, the trial is split into two phases. Phase 1 addresses liability and compensatory damages. In Phase 1, evidence of the carrier's broader safety history is generally excluded. The jury decides the crash on the specific facts of that incident: the driver's actions, the condition of the vehicle, and the applicable regulations that were violated at the time.

If the Phase 1 verdict favors the plaintiff, the case proceeds to Phase 2. Phase 2 addresses exemplary damages. The carrier's safety culture, prior incidents, and regulatory history become admissible in Phase 2. Exemplary damages require clear and convincing evidence of gross negligence or malice and are capped under CPRC Section 41.008.

This structure demands a specific preparation approach. Phase 1 evidence and Phase 2 evidence are different categories requiring different discovery strategies. The Phase 2 case has to be built in parallel with the Phase 1 case from the start. An attorney who does not have a HB 19-specific preparation model will not be ready for either phase.

Ask any attorney you consult directly: how do you structure discovery under HB 19, and what does your Phase 2 preparation look like if Phase 1 comes back for the plaintiff? The answer tells you whether they have tried these cases under the new framework.

Morris & Dewett has prepared commercial vehicle cases under HB 19 and understands both how it restricts Phase 1 and how it structures the Phase 2 opportunity for exemplary damages when gross negligence is present.

Evidence Preservation: ECM, ELD, Dashcams, and Logbooks

Evidence in commercial vehicle crashes starts disappearing the day after the crash. Without a preservation demand, trucking companies overwrite ECM data on their normal maintenance schedule.

Spoliation

The ECM records what the truck was doing in the seconds before impact. Speed. Whether the driver braked. Whether cruise control was engaged. Throttle position. This data cannot be rewritten after the fact. It can, however, be overwritten by the next maintenance cycle if no one demands preservation.

ELD records are the digital driving log that replaced paper logbooks after the December 2019 federal mandate. They record actual drive time and duty status automatically. Paper logs could be falsified. ELD records are significantly harder to manipulate, which is why they are valuable evidence and why carriers have an incentive to ensure they are not preserved.

Many commercial fleets now run dual-facing dashcams that capture both the road ahead and the driver's face. That footage shows whether the driver was looking at the road, using a phone, or showing signs of fatigue. It is perishable. Without a preservation demand, the carrier's standard retention policy governs. That window is typically 30 to 60 days. After that, the footage is gone.

Morris & Dewett sends preservation demands within 24 hours of taking a commercial vehicle case. The demand covers ECM data, ELD records, dashcam footage, driver logs, DVIRs, drug test results, maintenance records, and the driver's phone records. The driver's cell phone records are subpoenable. Distracted driving by a commercial driver (texting, using an app, talking on a handheld phone) is a separate basis for employer liability when the company had a policy it failed to enforce.

Cargo manifests and weight tickets identify overloaded trucks. A truck carrying more than its rated capacity has longer stopping distances and higher rollover risk. The manifest is a separate violation independent of anything the driver did behind the wheel.

Proportionate Responsibility in Multi-Party Commercial Vehicle Cases

Texas follows Proportionate Responsibility for all tort claims including commercial vehicle crashes.

In a multi-party commercial vehicle case, fault can be allocated across the driver, the motor carrier, the shipper, the cargo loader, a maintenance contractor, and potentially the manufacturer of a defective component. Each defendant bears their proportionate share of damages.

The 51% bar is a hard rule. If you are found 51% or more responsible for the crash, you recover nothing. At exactly 50%, you recover with a 50% reduction. Insurance adjusters build their entire defense strategy around pushing your fault percentage above 50%. This is particularly common when the crash occurred at an intersection or when the plaintiff made a lane change before the crash.

The designated responsible third party statute (CPRC Section 33.004) is a specific tactic to watch for. Any defendant can designate a non-party as a responsible third party, which shifts a portion of the fault percentage to an entity that is not in the lawsuit. You then have 60 days to add that party as a defendant. Missing that window has permanent consequences for your recovery.

Many commercial trucking operations are structured across multiple legal entities. The operating company may hold the operating authority. A leasing company owned by the same parent may hold the trucks. The holding company collects the profit. Naming only the operating company in the lawsuit while the leasing company holds the insurance is a critical error. Identifying all proper defendants requires analyzing the carrier's corporate structure, FMCSA operating authority filings, and the actual insurance policies in place.

Ask any attorney you consult how they identify all defendant entities in a commercial vehicle case. They should describe a specific process: FMCSA SAFER system lookup, Secretary of State filings, insurance certificate analysis, and lease agreement review. Vague answers here are a red flag.

What Compensation Does Texas Law Allow After a Commercial Vehicle Accident?

Texas law divides damages into economic and noneconomic categories. There is no cap on noneconomic damages in Texas personal injury cases. The damage caps apply only to medical malpractice claims.

Economic damages include medical expenses already incurred, future medical care, lost wages, loss of earning capacity (the difference between what you could have earned over your working lifetime and what you can earn now, calculated by a vocational expert and economist), vehicle repair or replacement, and documented out-of-pocket costs.

Noneconomic damages include pain and suffering, mental anguish, disfigurement, and physical impairment. Texas places no cap on these in personal injury cases. What determines the award is the quality of the evidence and how thoroughly the attorney documents and presents the full scope of the injuries.

The collateral source rule in Texas is modified. Under CPRC Section 41.0105 and the Texas Supreme Court's decision in Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2012), medical expense recovery is limited to amounts actually paid or incurred. If your health insurance negotiated a $30,000 bill down to $8,000, you recover $8,000. Not $30,000. This is a significant difference from pre-Haygood practice and it affects how medical expense damages are presented at trial.

The statute of limitations for personal injury claims in Texas is 2 years from the date of injury under CPRC Section 16.003. For wrongful death claims, the 2-year period runs from the date of death under Section 16.003(b). The discovery rule can extend the period when an injury was inherently undiscoverable through reasonable diligence, but it applies narrowly in crash cases where the injury was apparent.

Exemplary damages are available when clear and convincing evidence shows gross negligence or malice. Under HB 19, that claim is tried in Phase 2 after a successful Phase 1. The cap under CPRC Section 41.008 is the greater of 2x economic damages plus noneconomic damages up to $750,000, or $200,000. No cap applies to certain criminal acts including murder, sexual assault, and aggravated assault.

Tyler and Smith County: Local Courts and Commercial Corridors

Tyler is the county seat of Smith County, which means commercial vehicle injury claims filed in state court go to one of four district courts: the 7th, 114th, 241st, or 321st District Court of Smith County. Federal claims go to the Eastern District of Texas, Tyler Division. Understanding which court handles your case affects strategy, procedural timelines, and local practice norms.

US-69 is the dominant commercial freight artery through Tyler. It runs north from Tyler toward Dallas-Fort Worth and south toward Nacogdoches, Lufkin, and eventually the Louisiana border. The volume of commercial traffic on US-69 through Smith County is substantial: petroleum services vehicles, timber trucks, delivery fleets, and long-haul carriers all use this corridor.

Loop 323 is Tyler's inner beltway and carries significant commercial traffic at major distribution and retail nodes. The interchange of US-69 and Loop 323 is among the highest-density commercial vehicle interaction points in Smith County.

I-20 sits approximately 25 miles north of Tyler. Commercial freight moving east-west on I-20 funnels toward Tyler via the US-69 interchange at Mineola and via SH-64 through Lindale. This means Tyler-area roads receive traffic from both local commercial activity and carriers transiting between I-20 and the East Texas interior.

UT Health Tyler, formerly Trinity Mother Frances Hospital, at 1000 S. Beckham Ave is the primary Level II Trauma Center for Smith County. Christus Mother Frances Hospital also serves Tyler. Serious commercial vehicle crash injuries from this corridor funnel to these facilities.

East Texas supports active commercial industries: petroleum services operations in the Permian Basin and East Texas oil patch, timber and paper product transport, and a regional distribution sector that includes multiple major carriers operating out of Tyler-area logistics hubs. All of these industries maintain commercial fleets on local roads.

View our Tyler Texas injury lawyers page for our full range of practice areas serving Smith County.

What to Do After a Commercial Vehicle Accident in Tyler

Call 911 first. Everything else follows from the crash report, the medical record, and the evidence you secure at the scene. The steps you take in the first hours after a commercial vehicle crash directly affect what evidence is available and how your case is built.

Call 911. A Texas Peace Officer's Crash Report (CR-3) is required for any crash involving injury or property damage over $1,000. That report is the foundational document for your claim. It records the officer's observations, vehicle positions, witness identifications, and the officer's preliminary fault determination.

Get medical evaluation the same day, regardless of how you feel. Commercial crash injuries (spinal injuries, internal injuries, soft tissue damage) frequently present with delayed symptoms. Insurance adjusters document the gap between the crash and your first medical visit and use it to argue your injuries predated the crash or were not caused by it.

Document the scene before vehicles are moved. Photograph vehicle positions, skid marks, lane markings, damage patterns, cargo spillage, road conditions, and any visible signage or traffic controls. Video is better than photos when possible.

Get witness information. Commercial carrier investigation teams can reach the scene within hours of a serious crash. Witnesses who were present at the scene become difficult to locate quickly. Names, phone numbers, and a brief statement captured the same day are worth significantly more than a business card found two weeks later.

Do not give a recorded statement to the carrier's insurance company or their claims adjuster without speaking to an attorney first. Commercial carriers deploy professional claims adjusters whose job is to build the company's defense. A recorded statement taken before you have legal counsel is almost always used against you.

Preserve your own records: all medical records and bills, out-of-pocket receipts, photos of injuries over time, and documentation of work missed. These form the economic damages portion of your claim and need to be maintained from the start.

Contact an attorney as early as possible. The ECM data window is 30 days or less before the carrier's normal maintenance cycle overwrites it. Dashcam footage retention is often 30 to 60 days. Morris & Dewett handles commercial vehicle cases on a Contingency Fee basis. There is no cost to consult and no fee unless we recover.

Frequently Asked Questions

What is the difference between a commercial vehicle accident and a regular car accident case in Texas?

Commercial vehicle cases involve federal regulations (FMCSA), multiple potentially liable parties (driver, carrier, shipper, maintenance contractor), and significantly higher insurance coverage minimums than personal auto cases. The legal structure is more complex, the defendants have professional claims teams, and Texas HB 19 imposes a bifurcated trial structure unique to commercial motor vehicle cases. The case preparation, discovery demands, and trial strategy are materially different from a standard car accident claim.

Can I sue the trucking company directly, or only the driver?

Yes, you can sue the trucking company directly. Under respondeat superior, the employer is liable for a driver's negligence committed within the scope of employment. You can also bring independent claims against the company for negligent hiring, negligent entrustment, or negligent supervision. These claims do not depend on the driver's conduct at all. In Texas, carriers sometimes designate the driver as an independent contractor to limit their own liability. Courts look at actual control over the work, not just the contract, to determine whether that defense holds.

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

Texas House Bill 19, effective September 1, 2021, created a bifurcated trial structure for commercial motor vehicle cases. Phase 1 addresses liability and compensatory damages using evidence limited to the specific crash. Phase 2, which only proceeds if Phase 1 results in a plaintiff's verdict, addresses exemplary damages and allows broader evidence of the carrier's safety history. HB 19 requires a fundamentally different case preparation model than pre-2021 trucking cases and affects how discovery is structured from the start of the case.

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

The statute of limitations for personal injury claims in Texas is 2 years from the date of injury under [CPRC Section 16.003](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). For wrongful death claims, the 2-year period runs from the date of death. Missing the deadline bars your claim entirely. Evidence preservation demands must be sent well before any litigation deadline. ECM and dashcam data can be gone within 30 to 60 days of the crash.

What evidence is most important to preserve after a commercial vehicle crash?

The ECM (Engine Control Module) records pre-impact speed, braking, throttle, and cruise control data. ELD records document actual drive time. Dashcam footage captures the driver's behavior. Driver logbooks, DVIRs, drug test records, and maintenance logs establish regulatory compliance or violations. Cell phone records document distracted driving. Cargo manifests identify overloading. All of this evidence is perishable without a formal preservation demand sent to the carrier immediately after the crash.

What is respondeat superior and how does it apply to commercial vehicle accidents?

Respondeat superior is the legal doctrine holding an employer liable for negligent acts an employee commits within the scope of their employment. In a commercial vehicle case, you do not need to prove the company did anything wrong independently. The driver's negligence while on duty is sufficient to bind the motor carrier. This is one of the most powerful liability theories in commercial cases: the driver's fault becomes the company's fault without any additional showing of corporate misconduct.

Does Texas proportionate responsibility affect my case if I was partially at fault?

Yes. Under [CPRC Chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm), Texas uses proportionate responsibility. If you are found 51% or more responsible for the crash, you recover nothing. At 50% or less, your damages are reduced by your percentage of fault. Insurance adjusters routinely build their defense around pushing your fault percentage above 50%. Your attorney needs a specific strategy to counter that. It typically starts with accident reconstruction and evidence that establishes the driver's fault before the adjuster's narrative takes hold.

What are exemplary damages and when can I recover them after a truck accident?

Exemplary damages in Texas require clear and convincing evidence of gross negligence or malice. Under Texas HB 19, they are tried in a separate Phase 2 proceeding after a successful Phase 1 verdict. The cap under [CPRC Section 41.008](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm) is the greater of 2x economic damages plus noneconomic damages up to $750,000, or $200,000. Exemplary damages are appropriate when a carrier knowingly violated FMCSA safety rules, employed a driver with a known disqualifying history, or demonstrated conscious indifference to safety.

What should I do immediately after a commercial vehicle accident in Tyler?

Call 911 and ensure a CR-3 crash report is filed. Seek medical evaluation the same day. Photograph the scene, vehicle positions, skid marks, and cargo before anything is moved. Get witness names and contact information. Do not give a recorded statement to the carrier's insurance company. Contact an attorney as quickly as possible. ECM data and dashcam footage are subject to automatic deletion on the carrier's normal retention schedule, often within 30 days of the crash.

What is an underride accident and who is liable in Texas?

An underride accident occurs when a passenger vehicle slides under the rear or side of a trailer, typically in a low-speed or rear-end crash scenario. Federal regulations require underride guards on trailers. When a guard is absent, defective, or nonconforming, the claim may include a product liability theory against the trailer manufacturer or the carrier itself, in addition to the driver negligence claim. The guard's maintenance records and the trailer's compliance with federal underride guard standards become central evidence.

Does it cost anything to hire Morris & Dewett for a commercial vehicle case?

No. Morris & Dewett handles commercial vehicle injury cases on a contingency fee basis. There is no upfront cost and no attorney fee unless we recover compensation for you. The initial consultation is free. If you call, we will tell you whether we can help and what the case involves. View our [case results](/case-results/) to see examples of significant recoveries Morris & Dewett has obtained for clients.

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.