Truck accidents are among the most devastating crashes on Texas roads. When an 80,000-pound commercial vehicle collides with a passenger car, the results are often catastrophic—life-changing injuries, mounting medical bills, and insurance companies more interested in protecting their bottom line than helping you recover.
At Keith & Lorfing, we’ve built our reputation on taking on tough cases and winning. With offices throughout West Texas—including Abilene, Lubbock, Midland, and San Angelo—our team has the trial experience and local knowledge to stand up to large trucking companies.
Contact our Abilene truck accident attorneys today to discuss your case.
What Does a Truck Accident Lawyer Do? (Overview)
A truck accident lawyer investigates the accident, determines liability, handles insurance companies, calculates damages, and represents you in negotiations or at trial to secure maximum compensation.
Investigating the Truck Accident
The investigation phase sets the foundation for your entire case. Unlike typical car accidents, truck crashes involve multiple sources of evidence that must be preserved and analyzed quickly—before trucking companies destroy critical records.
Collecting Critical Evidence
We move fast to gather evidence that proves liability:
Black box data:
Commercial trucks are equipped with electronic logging devices (ELDs) and event data recorders that capture speed, braking patterns, hours of operation, and other vital information. This data can be erased or overwritten, so we act immediately to preserve it through legal means.
Driver logs:
Federal law requires truck drivers to maintain detailed records of their driving hours. We examine these logs to identify violations of Federal Motor Carrier Safety Administration (FMCSA) hours-of-service regulations—a common cause of fatigue-related accidents.
Maintenance records:
companies must document regular inspections and repairs. Missing maintenance, worn brakes, or defective parts often contribute to crashes, and these records expose negligence.
Police reports:
The official accident report provides the officer’s initial assessment of fault, witness statements, road conditions, and citations issued at the scene.
Witness statements:
We interview witnesses while memories are fresh and statements are accurate.
Working With Experts
Complex truck accident cases require specialized knowledge:
- Accident reconstruction specialists: These experts use physics, engineering principles, and evidence from the crash scene to recreate exactly how the accident occurred.
- Medical experts: We consult with physicians who can explain the extent of your injuries, the treatment you’ll need going forward, and how the accident has impacted your quality of life.
- Trucking industry professionals: Former trucking company managers and safety directors help us understand industry practices and identify regulatory violations.
This level of investigation goes far beyond what you’d see in a typical car accident case. Trucking companies have teams of lawyers protecting their interests—you need someone equally prepared to fight for yours.
Determining Liability in Truck Accidents
One of the most complicated aspects of truck accident cases is figuring out who is legally responsible. Unlike car accidents where fault typically lies with one driver, truck crashes often involve multiple liable parties.
Potentially Liable Parties
- Truck driver: The driver may be liable for negligent actions like speeding, distracted driving, driving under the influence, or violating hours-of-service regulations.
- Trucking company: Companies can be held responsible for inadequate driver training, pressuring drivers to meet unrealistic deadlines, failing to conduct proper background checks, or negligent hiring practices.
- Cargo loaders: Improperly loaded or secured cargo can cause a truck to become unstable, tip over, or lose its load—creating a hazardous situation for everyone on the road.
- Vehicle manufacturers: Defective parts such as faulty brakes, tire blowouts, or steering system failures may point to product liability claims against the manufacturer.
- Maintenance companies: Third-party companies hired to maintain the fleet may be liable if they failed to properly inspect or repair the vehicle.
| Type of Liability | Example Scenario | Potential Defendant |
|---|---|---|
| Driver Negligence | Driver falls asleep at the wheel after exceeding hours-of-service limits | Truck driver |
| Corporate Negligence | Company fails to maintain brakes despite inspection reports showing wear | Trucking company |
| Product Defect | Tire blowout due to manufacturing defect | Tire manufacturer |
| Improper Loading | Unsecured cargo shifts, causing truck to jackknife | Cargo loading company |
Texas Comparative Fault Rule
Texas follows a modified comparative negligence rule. Under Texas Civil Practice and Remedies Code § 33.001, you can recover damages as long as you are not more than 50% responsible for the accident.
Here’s how it works: if you are found to be 20% at fault and awarded $100,000 in damages, your recovery would be reduced by 20%—meaning you’d receive $80,000. However, if you are found to be 51% or more at fault, you cannot recover any damages.
Insurance companies love to use this rule to their advantage. They’ll try to shift blame onto you to reduce their payout or deny your claim entirely. We know how to counter these tactics and protect your right to fair compensation.
Handling Insurance Companies
Commercial truck insurance policies are substantially larger than standard auto policies—often ranging from $750,000 to several million dollars. While this sounds positive for accident victims, it actually means insurers have even more motivation to fight your claim aggressively.
Insurance adjusters are not on your side. Their job is to minimize payouts by:
Denying liability: They’ll claim their driver wasn’t at fault or that you contributed to the accident.
Downplaying injuries: They’ll argue your injuries aren’t as severe as you claim or that they were pre-existing.
Pressuring quick settlements: They’ll offer fast, lowball settlements before you understand the full extent of your injuries or future medical needs.
Using recorded statements against you: Anything you say to an adjuster can be twisted and used to devalue or deny your claim.
We handle all communication with insurance companies on your behalf. We know their playbook, and we don’t let them take advantage of you. When insurers see that you have experienced trial lawyers who aren’t afraid to go to court, they take your claim seriously.
Let our attorneys deal with the insurance companies while you focus on recovery. Contact our Abilene truck accident lawyer today.
Calculating Damages in a Truck Accident Case
One reason to hire a lawyer is to ensure you’re seeking the full amount you’re entitled to recover. Insurance companies often make initial offers that only cover a fraction of your actual damages.
Economic Damages
Economic damages compensate you for measurable financial losses:
Medical bills: This includes emergency room treatment, hospitalization, surgery, physical therapy, prescription medications, medical devices, and any other healthcare costs related to the accident.
Lost wages: Compensation for income you’ve lost while recovering from your injuries, including sick days, vacation days used, and reduced earning capacity.
Future medical care: Serious injuries often require ongoing treatment. We work with medical experts to project your future healthcare needs and ensure those costs are included in your claim.
Property damage: Repair or replacement costs for your vehicle and any other property damaged in the crash.
Non-Economic Damages
Non-economic damages compensate you for intangible losses that don’t have a clear dollar value:
Pain and suffering: Physical pain, discomfort, and the reduced quality of life resulting from your injuries.
Emotional distress: Anxiety, depression, PTSD, and other psychological impacts of the accident.
Loss of enjoyment of life: Inability to participate in activities you once enjoyed.
Disfigurement or permanent disability: Compensation for lasting physical impairments or scarring.
Punitive Damages (If Applicable)
In cases involving gross negligence—such as a driver operating under the influence, a trucking company knowingly allowing unsafe vehicles on the road, or deliberate violations of federal safety regulations—Texas law allows for punitive damages. These damages are designed to punish the wrongdoer and deter similar conduct in the future.
⚖️ Negotiating Settlements vs. Going to Trial
Most cases settle before trial, but strong settlement offers depend on your lawyer’s willingness to go to court if necessary. Insurance companies make multiple counteroffers during negotiations, and we evaluate each one carefully with you.
When insurance companies refuse fair compensation, we take cases to trial. Going to trial means presenting your case to a judge and jury who decide fault and damages.
With over 500 jury trials between our attorneys, we have the courtroom experience to fight for you.
Understanding Federal Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) establishes strict safety rules for commercial trucking:
Hours-of-service limits: Drivers cannot drive more than 11 hours after 10 consecutive hours off duty, and cannot drive beyond the 14th hour after coming on duty.
Maintenance requirements: Companies must conduct regular inspections and maintain detailed repair records.
Driver qualifications: Drivers must hold a valid commercial driver’s license (CDL), pass medical examinations, and undergo training.
Cargo securement: Loads must be properly secured according to federal standards.
Violations of these regulations strengthen your case by demonstrating negligence and providing clear evidence of liability.
Step-by-Step Truck Accident Claim Process
Understanding what to expect can reduce stress during an already difficult time. Here’s how your truck accident case typically progresses:
1. Initial consultation: We meet with you to discuss the accident, review any evidence you have, and explain your legal options. This consultation costs you nothing.
2. Investigation: Once you hire us, we immediately begin investigating—preserving evidence, interviewing witnesses, consulting experts, and identifying all liable parties.
3. Filing your claim: We prepare and file a formal claim with the insurance company, including a detailed demand package that outlines liability and damages.
4. Negotiation: We handle all communications and negotiations with the insurance company, keeping you informed throughout the process.
5. Litigation (if needed): If settlement negotiations fail, we file a lawsuit and prepare your case for trial. This includes discovery, depositions, motions, and courtroom preparation.
6. Resolution: Your case concludes either through a negotiated settlement or a jury verdict at trial.
| Phase | Typical Timeline | Our Role |
|---|---|---|
| Initial Consultation | Day 1 | Evaluate your case and explain your rights |
| Investigation | Weeks 1-4 | Preserve evidence, interview witnesses, consult experts |
| Filing Claim | Weeks 4-8 | Submit formal demand to insurance company |
| Negotiation | Months 2-6 | Handle all settlement discussions |
| Litigation | Months 6-18+ | Prepare and try your case in court if needed |
| Resolution | Varies | Secure maximum compensation for you |
When Should You Hire a Truck Accident Lawyer?
Immediately. The sooner we get involved, the better we can protect your rights and build a strong case.
Evidence disappears quickly—skid marks fade, witnesses move, and trucking companies may destroy records. If you’ve suffered serious injuries, liability is disputed, the insurance company denies your claim, or you receive a settlement offer, you need legal representation.
Never accept an insurance settlement without having a lawyer review it first. Initial offers are almost always far less than what your case is worth.
Reach out to our legal team as soon as possible to protect your rights. Call 325-480-8100.
Why Hiring a Texas Truck Accident Lawyer Matters
Trucking companies hire specialized lawyers. You need equal experience on your side.
We know Texas laws, local courts, and how to counter defense strategies from major trucking companies. Managing partner Russell Lorfing was a federal prosecutor in Lubbock. Partner Trey Keith has lived in Sweetwater for 25 years. We’re not outsiders—we’re your neighbors, committed to protecting West Texas communities.
How Our Truck Accident Lawyers Can Help
- Thorough investigation of every aspect of your case
- Handle all paperwork and legal procedures
- Maximize your compensation beyond initial insurance offers
- Represent you in court with experienced trial lawyers
- Work on contingency — you don’t pay unless we win
To learn more about our experience with truck accident cases, visit our truck accident lawyer page.
📞 Contact Our Texas Truck Accident Lawyers Today
Trucking companies have teams working to minimize what they pay. The longer you wait, the harder it becomes to build a strong case.
At Keith & Lorfing, we level the playing field for hard-working West Texans. We’ve helped clients throughout Abilene, Lubbock, Midland, San Angelo, and all of West Texas secure fair compensation after truck accidents.
Call 325-480-8100 or contact us online to schedule your consultation.
Frequently Asked Questions
Do I really need a lawyer for a truck accident?
Yes. Truck accident cases are far more complex than car accidents. You’re facing commercial companies with experienced legal teams and massive insurance policies. A lawyer investigates thoroughly, handles aggressive insurance tactics, and ensures fair compensation. Most victims who hire lawyers recover significantly more than those who don’t.
How much does a truck accident lawyer cost?
We work on contingency—you pay no attorney fees unless we win. Our fee is a percentage of your recovery through settlement or verdict. This lets you access experienced legal representation without upfront costs.
How long does a truck accident case take?
Cases with clear liability may settle within months. Complex cases with disputed liability, serious injuries, or multiple defendants can take over a year. We work efficiently while building the strongest case for maximum compensation.
What if I was partially at fault in Texas?
You can still recover if you’re 50% or less at fault, but your compensation is reduced by your fault percentage. If you’re 51% or more at fault, you cannot recover. Insurance companies try to inflate your fault percentage, which is why legal representation matters.
