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Interstate 18-Wheeler Accident: What to Ask Before You Hire an Attorney

May 22, 2025

Written and legally reviewedWritten by Sam A. Maida, Jr., Owner and Managing Attorney · Reviewed by Bernard G. Johnson III, Litigation Managing Attorney

Published May 22, 2025 · Last updated October 5, 2026

Part of Houston Truck & 18-Wheeler Claims · see also Texas Truck Accident Lawyer for Proving Gross Negligence · Move Over Law · The Role of Expert Witnesses: 18-Wheeler Accident Attorney · Tire Blowouts and Sugar Land Truck Accidents: Lawyer Insights

After a crash with an 18-wheeler that runs between states, ask an attorney three things first: how quickly they will act to preserve the trucking company’s records, where the case can be filed, and what the written fee agreement will say. Federal rules require a carrier to keep its drivers’ hours-of-service records for only six months (49 C.F.R. § 395.8(k)(1)).

An interstate truck case runs on a different set of rules from a car accident: federal safety regulations, larger insurance policies, a company defendant based in another state and a Texas trial procedure written for commercial vehicles. This article explains each and turns them into questions to ask. Background on the cases themselves is on our Houston truck accident page.

The short version

Evidence has a shelf life. Hours records: six months. Maintenance records: one year, and six months after the truck leaves the carrier’s control.
Insurance is larger. The federal minimum for an interstate for-hire truck over 10,000 pounds carrying non-hazardous freight is $750,000.
Venue is a choice within limits: generally the county where the crash happened, or the county of the defendant’s residence or principal Texas office (§ 15.002(a)).
A contingent fee agreement must be in writing and state how the fee is determined (Rule 1.04(d)).
Two years to file suit in Texas (§ 16.003(a)).

What makes an interstate 18-wheeler accident different from a car accident?

The federal motor carrier safety regulations apply. They limit driving hours, require inspection and maintenance, require record-keeping, and set minimum insurance of $750,000 for a for-hire truck over 10,000 pounds hauling non-hazardous freight across state lines. The defendant is usually a company, and Texas has a trial procedure specific to these cases.

The insurance schedule is in 49 C.F.R. § 387.9, and the hours limits, 11 hours of driving within a 14-hour window after 10 hours off duty, are in 49 C.F.R. § 395.3(a). Texas Civil Practice and Remedies Code Chapter 72 lets a commercial vehicle defendant require a two-phase trial, which we explain in truck driver or trucking company: who is liable.

How quickly does the evidence in a truck case disappear?

Some of it is on a clock set by regulation. A carrier must keep records of duty status and supporting documents for at least six months, and maintenance records for one year and for six months after the vehicle leaves its control. Skid marks, vehicle damage and witnesses’ memories fade faster than that.

How long a motor carrier must keep key records
Record	Minimum retention	Regulation
Driver’s record of duty status (hours of service) and supporting documents	6 months from the date of receipt	49 C.F.R. § 395.8(k)(1)
Inspection, repair and maintenance records for each vehicle	1 year where the vehicle is housed or maintained, and 6 months after it leaves the carrier’s control	49 C.F.R. § 396.3(c)
Officer’s crash report	Filed with the Texas Department of Transportation not later than the 10th day after the collision	Tex. Transp. Code § 550.062(b)

Sources: 49 C.F.R. § 396.3 and § 395.8 (2025 annual edition); Texas Transportation Code § 550.062. Read October 5, 2026.

Question to ask: “When will you send the company a written demand to preserve its records and the truck’s data, and what will it cover?”

Where can an interstate truck accident case be filed?

Under the general Texas venue rule, in the county where all or a substantial part of the events happened, in the county where an individual defendant lived when the claim arose, or in the county of a company defendant’s principal office in Texas. Whether a state or federal court is the right forum is a separate question.

The general rule is Tex. Civ. Prac. & Rem. Code § 15.002(a). A carrier headquartered in another state may have no principal office in Texas, which usually points back to the county of the crash, and a court may transfer a case between proper counties for the convenience of the parties and witnesses (§ 15.002(b)).

Question to ask: “Where would you file this case, and why there?” The answer shows whether the attorney has thought about the carrier, the driver and the crash location rather than defaulting to a home county.

What does a Texas contingent fee agreement have to say?

It must be in writing and state the method by which the fee is determined. If the percentage differs for settlement, trial or appeal, each percentage must be stated. It must say which litigation and other expenses are deducted from the recovery, and whether they come out before or after the fee is calculated.

Those requirements are in Rule 1.04(d) of the Texas Disciplinary Rules of Professional Conduct. The rule also requires the lawyer, when the matter ends, to give the client a written statement describing the outcome and, if there is a recovery, showing the remittance to the client and how it was calculated.

Questions to ask: “What is the percentage at each stage? Are expenses taken out before or after your fee? Who pays the expenses if there is no recovery?” Truck cases can be expensive to prepare, because they often need engineers and regulatory specialists, so the expense terms matter more than they do in a small car claim. Our list of questions to ask before hiring a Houston injury attorney has more.

What should I bring to the first meeting about a truck accident?

The crash report or its number, the company name and any number printed on the truck’s door, your photographs, the names of witnesses, your medical records and bills so far, your own auto policy, and every letter or message from an insurance company. Do not wait to gather everything before calling.

The company name and number on the cab identify the motor carrier, which may be different from the driver’s employer or the trailer’s owner. Your own policy matters because uninsured/underinsured motorist coverage and personal injury protection may apply while the claim against the carrier is pending. More on preparing is in how to prepare for a consultation with an accident attorney.

Questions people ask before hiring a truck accident attorney

Is what I tell an attorney at a first consultation confidential?

The Texas lawyer-client privilege defines a client to include a person who consults a lawyer with a view to obtaining professional legal services from the lawyer, and it protects confidential communications made to facilitate the rendition of professional legal services (Texas Rules of Evidence, Rule 503(a)(1) and (b)(1), effective September 1, 2025).

What counts as an interstate truck for the federal insurance minimum?

The $750,000 minimum applies to for-hire carriage of non-hazardous property in interstate or foreign commerce in a vehicle with a gross vehicle weight rating of 10,001 pounds or more. Higher minimums of $1,000,000 and $5,000,000 apply to listed hazardous cargoes (49 C.F.R. § 387.9).

How long do I have to file suit after a truck accident in Texas?

Not later than two years after the day the cause of action accrues for personal injury, and not later than two years after the death for an injury resulting in death (Civil Practice and Remedies Code § 16.003).

Can a Texas court move my case to another county?

A court may transfer an action from one county of proper venue to another on a defendant’s motion, filed with or before its answer, for the convenience of the parties and witnesses and in the interest of justice, if the court makes the findings the statute requires (Civil Practice and Remedies Code § 15.002(b)).

Does the trucking company have to keep its driver’s logs until my case is over?

The regulation requires a motor carrier to retain records of duty status and supporting documents for not less than six months from the date of receipt (49 C.F.R. § 395.8(k)(1)). A written preservation demand asks the company to keep them longer because a claim is pending.

Maida Law Firm’s attorneys meet with truck accident clients at 8313 Southwest Freeway #102, Houston, TX 77074, by phone at (713) 785-9484, or after a message through the contact page.