Austin Truck Driver Fatigue Attorneys

Nothing upfront. Kelley Wolff Injury Attorneys handles 18-wheeler rollover cases on a contingency-fee basis. You pay no attorney fees and no out-of-pocket costs unless we recover compensation for you. The initial consultation is always free and confidential.

You can still sue them in Texas. Trucking companies operating in interstate commerce are subject to suit in any state where they do business or where the crash occurred. Texas long-arm jurisdiction over out-of-state carriers is well-established.

Yes. When a shipper, warehouse, or third-party loader improperly secures or distributes cargo and that load shift causes a rollover, that company can be held independently liable. Many rollover cases involve loader liability in addition to motor carrier liability.

Electronic stability control (ESC) is a system that detects loss of control and automatically applies individual wheel brakes to keep the truck stable. NHTSA has required ESC on all new truck tractors since August 1, 2019. When ESC fails, is disabled, or never engages, it raises serious questions about both the carrier and the manufacturer.

Case value depends on the severity of the injuries, the impact on earning capacity, medical needs, the strength of liability evidence, and the carrier’s conduct. Cases involving traumatic brain injury, spinal cord damage, amputations, or wrongful death routinely produce seven- and eight-figure recoveries. There is no statutory cap on economic or non-economic damages in standard commercial-vehicle injury cases.

Truck drivers cause most rollovers — but the trucking company is almost always liable too. Federal law imposes direct corporate duties on motor carriers for hiring, training, supervision, vehicle maintenance, Hours of Service compliance, and cargo loading. A fatigued or under-trained driver behind the wheel is, in itself, a corporate failure.

The most important evidence includes ECM (black box) data, Electronic Logging Device records, the driver qualification file, maintenance records, cargo bills of lading, pre-trip inspection reports, dashcam footage, and the TxDPS crash report. Your attorney should send a spoliation letter within 24 to 48 hours to preserve all of it.

Liability can extend to the driver, the motor carrier (trucking company), the freight broker, the shipper or cargo loader, maintenance contractors, and truck or component manufacturers. Many serious cases involve four or more defendants. Identifying every responsible party is one of the most important early steps in maximizing your recovery.

You have two years from the date of the crash to file a personal injury or wrongful death lawsuit in Texas, under Texas Civil Practice and Remedies Code § 16.003. Claims against governmental entities have shorter notice deadlines. Do not wait — critical evidence disappears within weeks.

Most 18-wheeler rollovers are caused by driver speed in curves and ramps, driver fatigue, cargo shifts, tire blowouts, and brake failures. The FMCSA Large Truck Crash Causation Study found that nearly half of rollover crashes involve a driver failing to adjust speed for road or load conditions. Almost every cause is preventable and traceable to specific FMCSR violations.

No. Kelley Wolff Injury Attorneys handles jackknife and other 18-wheeler accident cases on a contingency fee — there is no upfront cost, and you pay nothing unless we win compensation for you. Consultations are always free.

Surviving spouses, children, and parents may file a wrongful death claim under Texas law, and the estate may bring a separate survival action. Both have their own deadlines and recovery rules. Our firm handles fatal trucking cases with the urgency they deserve.

You can still recover, as long as your share of fault is 50% or less. Texas’s modified comparative fault rule reduces your recovery by your percentage of responsibility. If you are found 51% or more at fault, you recover nothing — which is why defense lawyers fight so hard to shift blame.

No. Early offers are almost always a fraction of true case value. They are designed to close the file before you know the full extent of your injuries, medical costs, and lost earning capacity. Talk to an attorney before signing anything or giving a recorded statement.

Settlement and verdict values depend on the severity of injuries, available insurance, comparative fault, and the strength of evidence. Cases involving catastrophic injury or wrongful death routinely settle for seven figures or more, especially where FMCSA violations support a claim for punitive damages.

Critical evidence includes ECM “black box” data, ELD hours-of-service logs, dashcam footage, dispatch records, the driver qualification file, post-crash drug and alcohol test results, maintenance logs, and the police crash report. Much of this evidence is controlled by the trucking company and can disappear quickly — which is why immediate legal action matters.

Yes. Trucking companies can be held liable both vicariously (for their drivers’ on-duty conduct) and directly (for negligent hiring, training, retention, supervision, and entrustment). Carrier-level liability is often where the biggest recoveries come from.

Most interstate trucks carrying non-hazardous freight must carry at least $750,000 in liability coverage under 49 CFR Part 387, and many carry $1 million or more. Hazardous-materials carriers must carry up to $5 million. This is why jackknife cases often involve significantly higher recoveries than passenger-car claims.

Multiple parties may share liability, including the driver, the motor carrier (trucking company), the truck’s owner, cargo loaders, maintenance contractors, and parts manufacturers. Identifying every responsible party is critical because each typically carries separate insurance coverage.

You generally have two years from the date of the crash under Tex. CPRC §16.003. Wrongful death claims also carry a two-year deadline, measured from the date of death. Claims against government entities require notice in as little as 45–90 days, depending on the entity.

The most common cause is sudden or hard braking that locks the truck’s drive axles while the trailer continues forward. Once traction is lost, the heavier trailer pushes the cab sideways. Speeding, fatigue, brake defects, slick pavement, and improperly secured cargo are also leading contributors.

A jackknife accident is a crash in which a tractor-trailer’s trailer skids forward and rotates around the cab, folding the rig into a sharp V or 90-degree angle. The driver loses meaningful control, and the swinging trailer can sweep across multiple lanes of traffic, striking other vehicles.

Texas follows modified comparative fault rules, allowing recovery if you’re less than 51% responsible.

Your compensation is reduced by your fault percentage. Insurance companies often exaggerate victim fault to minimize payouts—our attorneys aggressively counter these tactics with evidence establishing the truck driver’s primary negligence.

Yes—trucking companies cannot escape liability simply by classifying drivers as independent contractors.

Federal regulations hold motor carriers responsible for safety regardless of employment classification. Courts examine the actual relationship and control exercised over drivers, often finding trucking companies liable despite contractor designations.

Truck accident cases typically take longer than car accident cases due to their complexity—often 18 months to three years or more.

Cases involving catastrophic injuries should not settle until maximum medical improvement is reached. Complex liability disputes, multiple defendants, and the need for expert analysis extend timelines.

Insurance denials don’t end your case—they often mean the insurer believes litigation will result in a large verdict.

We file lawsuits and use discovery to obtain evidence insurers tried to hide. Many cases settle during litigation once full evidence emerges. If trial becomes necessary, our attorneys have courtroom experience presenting complex trucking cases.

18-wheeler accident cases involve federal trucking regulations, multiple potentially liable parties, higher insurance coverage limits, and typically more severe injuries.

Trucking companies have teams of lawyers and investigators who respond immediately to accidents, making experienced legal representation essential. Commercial truck cases require specialized knowledge most car accident attorneys lack.

Call 911 immediately, seek medical attention even if injuries seem minor, document the scene with photographs if possible, gather truck and driver information including company name and DOT numbers, collect witness contact information, and contact an experienced truck accident attorney before speaking with trucking company representatives or their insurers.

Texas law provides a two-year statute of limitations for personal injury claims, running from the accident date.

However, evidence preservation in truck accident cases requires immediate action—trucking companies may repair or dispose of vehicles, and electronic data can be overwritten. Contacting an attorney promptly protects both your legal rights and critical evidence.

Multiple parties may share liability including the truck driver, trucking company, cargo loading company, maintenance providers, and equipment manufacturers.

Trucking companies face both vicarious liability for driver negligence and direct liability for their own failures in hiring, training, supervision, and safety policy implementation.

Victims can recover economic damages including medical expenses, lost wages, and lost earning capacity, plus non-economic damages for pain, suffering, and diminished quality of life.

Cases involving gross negligence may warrant punitive damages. Commercial truck insurance policies typically provide much higher coverage limits than personal auto policies.

The electronic control module (ECM) or “black box” records critical data including speed, brake application, throttle position, and other information in the seconds before crashes.

This data provides objective evidence of driver actions that caused accidents. Trucking companies may overwrite or destroy this data if not legally preserved immediately.

Federal hours-of-service regulations limit driving time to prevent fatigue-related accidents.

Violations establish negligence by both drivers and trucking companies that pressure drivers to exceed limits. Electronic logging devices now track compliance, but our attorneys investigate driver logs, dispatch records, and other evidence to prove hours-of-service violations.