A truck accident lawyer’s first job after an 18-wheeler crash is evidence: making sure the records federal rules require the trucking company to keep are preserved, then working out every party that may share responsibility. The work then moves through the driver’s hours, drug and alcohol testing, the insurance on the truck and Texas’s rules for dividing fault. Most of these steps depend on dates, so they start within days of the crash, not months later.
The short version
- Records come first. Carriers keep an accident register for three years and must make accident records available to investigators (49 CFR 390.15).
- Hours are fixed by rule. Driving time is capped at 11 hours, inside a 14-hour outer limit that begins after a 10-hour rest (49 CFR 395.3).
- Testing has clocks. The employer’s alcohol and drug tests run on set time limits after a crash, with alcohol testing stopping at eight hours and drug testing at 32 (49 CFR 382.303).
- Insurance has a federal floor. The table in 49 CFR 387.9 lists $750,000 for for-hire carriage of nonhazardous property in interstate commerce, with higher figures for hazardous cargo.
- Fault is divided. Texas bars recovery once a claimant is more than half responsible, and otherwise cuts the award by the claimant’s share (Civ. Prac. & Rem. Code §§ 33.001, 33.012).
What does a truck accident lawyer do first after an 18-wheeler crash?
The first step is to preserve evidence before the trucking company can change or lose it. A lawyer sends a written preservation demand for the truck’s data, driver logs, dispatch and maintenance files and the carrier’s accident log, because federal rules oblige the carrier to keep that log for three years.
On Sunday, 12 July 2026, a fiery crash between an 18-wheeler and a sedan on the Eastex Freeway near Beltway 8 killed two people, ABC13 reported, citing the Houston Police Department. The truck’s driver was not injured, and the cause was still under investigation when the report was published. Families who lose someone in a truck crash can read our page on wrongful death claims. In a crash like that, the records that establish cause are the ones to lock down first.
The same steps apply across the region. Crashes on the outer roads are covered on our city pages, including Pasadena, Sugar Land and The Woodlands. Our 18-wheeler accident page covers the case type as a whole, and key evidence for an 18-wheeler claim lists the records in more detail. Things to avoid in the first days are covered in what to avoid in the first days, and the steps to take are in five things to do after a truck accident.
The local volume is large. TxDOT’s 2024 table of commercial motor vehicle crashes by county, drawn from crash reports processed as of April 9, 2025, lists 6,313 CMV-involved crashes in Harris County, 41 of them fatal. That is the largest county total in the table; Dallas County is next at 3,857.
| Rule | What it requires | What it can show after a crash |
|---|---|---|
| 49 CFR 390.15, accident register | Carrier keeps an accident register for 3 years, with the date, place, driver, injuries and fatalities | The carrier’s own record of the crash, and copies of accident reports given to governments or insurers |
| 49 CFR 395.3, hours of service | 11 hours of driving in a 14-hour window after 10 hours off; a 30-minute break after 8 hours of driving | Whether the driver was inside the driving limits when the crash happened |
| 49 CFR 382.303, post-accident testing | Employer tests for alcohol and controlled substances after qualifying crashes, within set time limits | Whether required tests were given, and the reasons recorded when they were not |
| 49 CFR 387.9, minimum liability | Federal minimums by commodity: $750,000 for for-hire nonhazardous property; higher for hazardous cargo | The floor a carrier must meet, which is not the same as what a claim is worth |
Why does the trucking company’s accident register matter?
Under 49 CFR 390.15 the carrier keeps an accident log for three years. Each entry records the date, the nearest city and state, the driver’s name, injuries and deaths, and any hazardous release. That log is often the first document a lawyer asks for, because it is the carrier’s own account of the crash.
The regulation also requires the carrier to make all records and information about an accident available to an authorized investigator and to give that investigator all reasonable assistance. The eCFR text of § 390.15 adds that the register must include copies of all accident reports required by a state or other governmental entity or by an insurer.
A log entry is a starting point, not proof of cause. What it does is fix the date, place, driver and injury count in the carrier’s own records, so a later account of the crash can be compared against what the carrier recorded. Reading the logs and data often takes an expert, which is the subject of our article on the role of expert witnesses. Whether a carrier’s records show a failure to comply is a question for counsel.
What do hours-of-service rules say about a truck driver’s day?
Under 49 CFR 395.3, a driver may not start driving without a 10-hour rest, and may not drive once 14 hours have passed since coming on duty after that rest. Within that window the driver may log 11 hours of driving, and must take a 30-minute break once 8 hours of driving have gone by.
The rule also sets weekly limits: 60 hours on duty in 7 consecutive days for a carrier that does not run every day, and 70 hours in 8 consecutive days for one that does. A period of 34 or more consecutive hours off duty can end either cycle, according to § 395.3(c). The eCFR text of § 395.3 sets out each of these limits.
When a crash happens, the driver’s logs and electronic records are the first place to check whether the driver was inside those limits. Our guide to hours-of-service rules for 18-wheeler drivers explains how the records are read. Fatigue is a separate question, covered in our article on truckers and untreated medical issues. Whether an hours violation affects the carrier’s share of responsibility is a question for counsel.
When must a truck driver be tested for alcohol and drugs after a crash?
A qualifying crash obliges the employer to test surviving drivers for alcohol and controlled substances. After a death, each surviving driver performing safety-sensitive functions must be tested. After an injury needing treatment or a tow-away, testing is required if the driver is cited for a moving violation within 8 hours (alcohol) or 32 hours (drugs).
The rule is in 49 CFR 382.303, which requires the test as soon as practicable after the occurrence. If an alcohol test is not given within two hours, the employer must keep a record of the reason. If it is not given within eight hours, the employer must stop trying. A controlled substances test stops at 32 hours. The driver must stay readily available for testing.
These clocks make the timing of the records part of the case. Our article on proving drug use for truck drivers explains how test results are obtained and what they can and cannot show. Our piece on common causes of Houston truck accidents shows which of these records tend to matter in which kind of crash. Whether a missing or late test changes a claim is a question for counsel.
How much insurance must a trucking company carry?
The federal table in 49 CFR 387.9 sets a $750,000 minimum for a for-hire carrier of nonhazardous property in interstate or foreign commerce, when the vehicle’s rating is at least 10,001 pounds. Hazardous cargo carries higher minimums, at $1,000,000 and $5,000,000 depending on the material.
The table has to be read row by row. The $750,000 row covers for-hire carriage of nonhazardous property. The other rows cover hazardous substances, oil and certain other materials, and the table does not list a minimum for a private carrier of nonhazardous property. The eCFR text of § 387.9 is the source for each row.
A federal minimum is not the value of a claim, and the interstate row for nonhazardous property in the federal table does not by itself govern a truck that runs only inside Texas, so which rules apply to that truck has to be checked. How the policy layers stack in a particular crash is discussed in our article on insurance liabilities after an 18-wheeler accident. Insurance coverage rules are a question for counsel.
Who can be liable in an 18-wheeler crash?
More than the driver can be a party. The driver, the carrier that employed or leased the driver, the owner of the truck, a broker or shipper that arranged the load, a maintenance company and a parts maker may each be liable, depending on the facts. The lawyer’s job is to identify every one of them before the case is valued.
Texas asks the jury to assign a percentage of responsibility to each party. Under Civil Practice and Remedies Code § 33.003(a), the trier of fact determines that percentage for each claimant, each defendant and each settling person, among others, in Chapter 33 of the Civil Practice and Remedies Code. A defendant may ask the court to designate another person as a responsible third party under § 33.004, but the motion must be filed on or before the 60th day before trial unless the court finds good cause.
Which of these parties exists, and who controlled the truck, the load and the maintenance on a given day, is decided by the records. Our articles on truck driver or trucking company liability, on who may be liable under Texas law and on whether truck drivers are responsible for damages cover the common arrangements. A tire that fails on the highway can bring a maintenance company or a parts maker into the case; see our article on a crash caused by a truck tire blowout for one such crash. Whether a particular party is liable is a question for counsel. Our article on proving gross negligence against a trucking company covers that question.
How does Texas proportionate responsibility change the value of a truck claim?
Beyond a 50 percent share, a claimant recovers nothing. Below that line, the award shrinks by the claimant’s own share. A defendant generally pays only its own percentage, but one found more than 50 percent responsible is also jointly liable for the full recoverable amount.
Section 33.001 of the Civil Practice and Remedies Code bars recovery for a claimant whose share of responsibility is above 50 percent. Section 33.012(a) then reduces the award by the claimant’s own percentage, and § 33.012(b) reduces it again by the dollar amount of any settlement the claimant has made with another person.
Under § 33.013(a), a liable defendant pays only its own percentage of the damages, with the exceptions in § 33.013(b), which include a defendant found more than 50 percent responsible. That is why a truck crash with several defendants is valued party by party. When the other side argues that the injured person contributed to the crash, our article on comparative negligence in Texas explains the percentages, and our piece on how a client should discuss fault covers the client’s side. How a percentage would be argued in a given case is a question for counsel.
How is a truck accident case paid for?
Fee terms differ from one law firm to another, so the percentage, the treatment of case costs and any change in the percentage if the case is filed or tried should be asked about, and the terms read in writing, before anything is signed.
Our article on how Houston accident fees are calculated lists the questions worth asking. Settlement values for truck cases are discussed on our Houston truck accident settlement page, and no earlier outcome predicts the value of another claim.
A driver still recovering from a truck crash can send the carrier’s name and the crash report through the contact page. The 18-wheeler accident page covers the case type, and the article on evidence in an 18-wheeler claim lists records worth keeping.
Frequently asked questions
What to do after a truck accident?
Get medical care first, and ask the police for the crash report. Then ask a lawyer to request the carrier’s accident log and its driver, hours and maintenance records, because those records can be lost while the case is still being assessed.
How can a truck accident lawyer help?
A lawyer can request the records federal rules require the carrier to keep, identify every party that may share responsibility, and assess the claim under Texas’s rules on proportionate responsibility. The lawyer also negotiates with the insurers and, if needed, files suit.
When to consult a lawyer for a truck accident?
Sooner rather than later. The carrier’s records, the driver’s logs and the post-crash test results are time-sensitive, and an early consultation helps make sure they are requested before they are lost.
What does a truck accident lawyer do?
The lawyer preserves the carrier’s accident records, reviews the driver’s hours and post-accident testing, identifies each party that may be liable, checks the federal insurance minimums and values the claim under Texas’s proportionate responsibility rules.
How much does a truck accident lawyer cost?
That depends on the fee agreement. Ask what percentage applies, how case costs are handled and whether the percentage changes if the case is filed or tried, and get the terms in writing before signing.
Who is liable in a truck accident?
The driver, the motor carrier that employed or leased the driver, and other parties such as a broker or a maintenance company may each share responsibility, depending on the facts. Texas assigns a percentage of responsibility to each party.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
State Bar of TexasAvvoMartindale-HubbellLawLinkThatCarHitMeLinkedIn
Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.