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Odessa, like the rest of the state, has countless trucks operating there that can cause serious accidents. When a negligent trucker injures you, our lawyers can help file a claim against them and possibly their employer.
Numerous types of truckers work in Odessa, with many driving heavy-duty trucks, like semis and 18-wheelers, while countless others operate medium and light-duty trucks. Regardless, if they cause an accident while on the job, they should be held responsible. In many cases, the trucking company they work for can also be sued since they are liable for most acts of their employees while acting in the scope of their employment. Our team can determine if violating federal regulations gave rise to your accident and overcome challenges to recovering compensation, like when the defendant is a government agency.
For a confidential and free case review with our truck accident attorneys, call The Queenan Law Firm today at (817) 476-1797.
Why Truck Accidents Are More Common in Odessa, TX and Throughout the State
Unfortunately, drivers and passengers in Odessa and throughout Texas are much more likely to be injured in a truck accident than virtually anywhere else in the country. According to Texas Department of Transportation (TxDOT) statistics, tractor and semi-trailer trucks were involved in over 26,000 crashes in 2023 alone. More than 400 of these accidents involved fatal injuries, while nearly 1,000 caused serious injuries to the victims. Thousands more caused minor injuries.
Overall, the state reported 620 fatalities from commercial vehicle accidents in 2023 out of over 38,000 total crashes. Midland County, in which Odessa is located, is where 520 of these accidents occurred, resulting in the death of nine victims and many more with serious or minor injuries. While the number of truck accident fatalities in the state fell from the death toll in 2022, it is still almost double and triple that of other states.
Many factors contribute to the increased risk of being injured in an Odessa truck accident. Texas is centrally located in the country, so it is arguably the largest hub for commercial trucks delivering goods to and from the East and West coasts. The state is also a major center for manufacturing and oil production. As such, it has a staggering number of interstates and freeways. I-20 runs right through Odessa, connecting I-10 to other major interstates and highways in the state, making accidents more likely here.
Another major factor contributing to truck accidents in Odessa is the number of trucking companies operating in the state and truckers on the road. There are over 161,000 trucking companies in Texas, which employ over 202,000 tractor-trailer and heavy truck drivers. With e-commerce and online shopping showing no signs of slowing down, the increasing amount of trucks on the roads only makes the chances of being injured in a devastating truck accident higher.
The Types of Trucks Involved in Odessa, TX Vehicle Accidents
Given the incredible number of trucks operating in the state, any type could be involved in your accident. Heavy-duty trucks, like 18-wheelers, are responsible for most accidents, but medium-duty trucks are implicated in hundreds of others. Accidents caused by light-duty trucks are also on the rise as more and more delivery trucks are operating in Odessa. Regardless of the type of truck that injured you, our truck accident lawyers can help prove how your accident was caused. By determining the truck type in your accident, we can identify potential problems with the vehicle and who, besides the trucker, is ultimately responsible for it.
Heavy-Duty Trucks
Heavy-duty trucks are those weighing over 26,000 pounds when towing over 10,000 pounds. This class includes trucks most responsible for deadly crashes, including semi-trucks, flatbeds, oil tanker trucks, 18-wheelers, livestock carriers, and other big rigs.
Drivers must possess a Class A commercial driver’s license (CDL) and successfully complete training courses approved by the Federal Motor Carrier Safety Administration (FMCSA) to operate a heavy-duty truck legally. Our team will investigate the trucker’s credentials after an accident to determine if the trucking company allowed an unqualified driver on the road.
Medium-Duty Trucks
Medium-duty trucks also weigh more than 26,000 pounds but generally are hitched to trailers weighing below 10,000 pounds or have no trailer at all. Common types of medium-duty trucks include box trucks, delivery trucks, dump trucks, garbage trucks, and buses. Since these trucks operate mostly on surface roads in Odessa, there is a good chance one was involved in your crash.
Our lawyers will also look into whether the driver who caused your accident had to proper license and training to operate a medium-duty truck. Only truckers with Class B CDLs should be driving these types of trucks. Business and government agencies that violate these requirements can likely be held at fault when an accident occurs.
Light-Duty Trucks
A light-duty truck is typically a single vehicle weighing less than 26,000 pounds. Many local and regional delivery trucks fall under this category, including cargo vans and pickup trucks, but smaller tanker trucks and those hauling hazardous materials can also be included.
As with the types discussed above, light-duty truck drivers must have a CDL and training for Class C vehicles. Our team can gather records to confirm the driver’s qualifications and whether they had the proper endorsements to be transporting the materials they were carrying when they hit you.
Regulations that Truck Drivers and Trucking Companies Must Follow in Odessa, TX
Trucking companies and their drivers are held to strict driving regulations by the FMCSA, including limitations on driving time, licensing requirements, and alcohol and drug use. The purpose of these rules is to increase safety and avoid catastrophic accidents. If a truck driver or trucking company disregards one or more of these regulations, the violation can be used as evidence of negligence in a lawsuit.
Driving Time Regulations
Driving time limits for truckers, also known as “Hours of Service” regulations, often play a role in injury cases. Many truck accidents are caused by driver fatigue, as countless truckers are driving long hours to complete deliveries. The longer a truck driver is behind the wheel, the more likely they are to cause an accident.
Under 49 C.F.R. § 395.3(a), truck drivers must be off duty for a minimum of 10 consecutive hours before starting a new shift. When a trucker starts a shift after being off duty, they cannot drive past 14 consecutive hours on duty. During the 14-hour on-duty period, they can only drive for 11 total hours. Truckers are also limited to eight straight hours of driving before they must take a 30-minute break, which they can satisfy by being off duty, resting in a sleeper berth, or not driving while on duty.
Truckers and trucking companies must also adhere to weekly driving time limits set by § 395.3(b). Some trucking companies operate on an eight-day schedule, allowing truckers to drive 70 hours total per week. Others are on a seven-day schedule, so truckers can only drive 60 hours during a week. The seven or eight consecutive days end when a driver starts a 34 or more consecutive hour off-duty period.
While it is the truck driver’s responsibility to manage their driving and break times, trucking companies often push drivers to complete longer hours, intentionally violating federal regulations. If this occurred in your case, you could be entitled to increased damages meant to punish the misconduct.
Licensing Regulations
As mentioned above, truckers must possess a valid CDL or commercial learner’s permit (CLP) for the type of truck they are driving, including passing knowledge and driving skills tests that meet federal requirements, according to § 383.23(a)(1) and § 383.71. If the trucker is driving an 18-wheeler or a dump truck, they should be trained and tested on that specific vehicle. They must also periodically renew their license and retest to stay on the road and verify whether they are an interstate or intrastate driver.
Violating these standards can result in a disqualification of a trucker’s license under § 383.51. A trucker’s CDL can be disqualified for major offenses, like driving with previous offenses, leaving the scene of an accident, or committing a felony. Significant traffic violations, like speeding, reckless driving, and following other vehicles too closely, can also disqualify a trucker’s license. In many cases, the trucking company that employs the driver can also be held liable for these infractions.
Alcohol and Drug Regulations
No driver is allowed to operate a vehicle while intoxicated by alcohol or a controlled substance as defined by 21 C.F.R. § 1308.11. However, truckers and companies are held to even stricter standards than ordinary drivers, including pre-duty use of alcohol, on-duty use, and substance use after an accident.
Under 49 C.F.R. § 382.201, no truck driver can report or stay on duty if they have a blood alcohol concentration (BAC) of 0.04 or higher. Further, employers who know that a driver’s BAC is 0.04 or greater cannot allow the trucker to drive or remain on duty.
While on duty, truckers cannot consume any alcohol, according to § 382.205. If a trucking company has actual knowledge that a trucker is drinking alcohol while working, they must stop them from performing any safety-sensitive operations.
According to § 382.207, truckers cannot go on duty within four hours of using alcohol, and employers have a responsibility to keep them off duty if they have actual knowledge of alcohol use during the pre-duty period.
Suppose a truck driver is involved in an accident and required to take an alcohol test after it. In that case, they cannot consume alcohol within the eight hours following the crash or until they undergo a post-accident test, whichever happens first, as per § 382.209.
Further, § 382.211 prevents truckers from refusing to take an alcohol or controlled substance test if required to do so. These tests are typically conducted during pre-employment, returning to duty, and after an accident. They can also be random or done at the behest of an employer who reasonably suspects a driver is using a controlled substance or alcohol. If a trucker refuses, the trucking company cannot allow them to drive or perform other safety-related functions. Our attorneys can review trucking company records to determine if these tests were administered when required and if any violations occurred.
Reporting a Truck Accident After You Are Injured in Odessa, TX
Truck accident lawsuits essentially start the moment you are injured, which is why it is crucial for you to report the accident immediately after it happens. Not only will you be able to save critical details by reporting the crash, but you are also required to report it immediately to the local police department if it involves injury or death, according to Tex. Transp. Code § 550.026. Besides being a legal violation, waiting to report your accident to the police can result in losing important evidence and documentation you need for insurance claims and your lawsuit.
If your injuries prevent you from calling 911, ask a witness for help. The 911 operators will typically dispatch both the local police and emergency services to the scene. Our lawyers always recommend accepting treatment from paramedics on the scene to assess your injuries. The trauma of being involved in a truck accident will likely have your adrenaline pumping, which can conceal injuries that you are not immediately aware of, such as internal injuries. Paramedic reports can also be used as evidence to link your injuries with the accident.
When the police arrive, tell them what you can remember and whether you are harmed so that they can include it in their crash report. The investigating officers will typically include their observations of the scene and notes, like date, time, and location, in the report, especially if it is for a serious truck accident. The police report will also typically specify the truck driver who injured you, as well as their insurance details and employer’s information.
Our lawyers can determine what law enforcement agency drafted your report and the best way to recover it. While police reports generally cannot be admitted as evidence in a trial, they are crucial to insurance negotiations and identifying other evidence, like witnesses who can support your claim.
Determining Liability for a Truck Accident in Odessa, TX
At his point, it might be clear that several parties could be potentially liable for a truck accident. In many cases, other defendants besides the truck driver will be named in a lawsuit, including their employer, other drivers, and manufacturers. However, determining liability can be more complicated, especially when the defendant is an independent contractor or a governmental agency. Victims can also be found to have contributed to the accident, preventing them from recovering their full damages or possibly anything at all.
Truck Drivers
After a truck accident, the trucker is usually the first person to be assessed for liability. Evidence, like the driver’s logbook and ELDs, also known as “black boxes,” will have detailed information about their trips and can show us whether they violated the hours of service regulations. The trucking company’s employee records can reveal whether the driver was tested for alcohol after the crash, what the results were, or if they refused to submit to testing.
Many commercial trucks are equipped with surveillance cameras that can capture how the driver caused the crash. Video footage of the trucker illegally changing lanes or speeding into another vehicle can serve as powerful evidence of their negligence.
Trucking Companies
Many trucking companies can be held vicariously liable when a trucker they employ causes an accident. A common law rule called respondeat superior holds that traditional employers are responsible for their employees’ conduct, including causing accidents, if the incident happened while performing their professional functions. Even if the employer is blameless, they are accountable. Essentially, there is no legal distinction between the trucker and trucking company in terms of liability when this doctrine applies.
Still, our team will investigate the trucking company for negligent practices that contributed to the crash. Perhaps they failed to perform a background check on a trucker that would have revealed a history of dangerous driving. Or, records could show that routine inspections were overlooked. Our lawyers can also look into past incidents involving the trucking company to demonstrate a pattern of misconduct.
Independent Truckers and Delivery Service Partners
Holding a trucking company vicariously responsible for an accident might not be an option if the trucker who injured you is an independent contractor. These drivers might complete work for a company but are not considered traditional employees of theirs, as the company does not directly control the driver’s work functions or driving routes.
For instance, perhaps an Amazon delivery truck crashed into you. In most cases, the driver can be pursued for compensation, but not Amazon. The driver does not technically work for Amazon, so the company is shielded from legal liability.
However, many independent truck drivers work for delivery service partners that contract with companies like Amazon. If an Amazon delivery driver or other independent trucker injures you, our team can determine if a local or regional DSP employs them. If so, they can be held responsible under the respondeat superior rule.
Truck and Truck Parts Manufacturers
Many commercial trucks are equipped with complex systems and parts, like air brakes to stop large vehicles. If one of these parts malfunctions, the fault might lie with the manufacturer or designer of the truck or part.
Our team will gather evidence to determine if the truck or part was manufactured to specifications, like using the proper materials. If the defect was part of the initial design, making each model flawed, the designer is likely responsible for your damages.
The State, Governmental Units, and Local Municipalities
Assessing liability and filing a claim when a government employee causes your truck accident is often more challenging since there are several additional rules in these cases. Suppose the driver who injured you works for a state or municipal governmental unit. In that case, they usually cannot be sued for damages directly, but the agency they work for can held liable for their negligence under Tex. Civ. Prac. & Rem. Code § 101.021 and § 101.0215.
Specifically, state governmental units are liable for personal injuries, property damage, and wrongful death for an employee’s negligent operation of a motor vehicle if they were acting within the scope of their employment. If the governmental unit would be legally responsible if they were a private person under Texas law, they can be sued.
Municipalities are liable for truck accidents caused by their employees if the accident happens while exercising their government functions. The functions that could be the basis of a lawsuit include several interests done for the general public, including, but not limited to, fire protection, sanitation services, construction, solid waste and garbage removal, and many others. Perhaps you were hit by an Odessa fire truck, garbage truck, or construction vehicle. If so, the specific municipality can likely be sued for the damages the employee caused.
Before filing your lawsuit, the governmental unit or municipal agency in question is entitled to get notice of your pending claim, which must be provided within six months from the day the accident occurred, according to § 101.101. Your notice must reasonably describe the damages you are claiming from your injuries, the place and time the accident occurred, and a description of the incident.
When the lawsuit is against a state governmental unit, it must be served on the Texas Attorney General. If a municipality is the defendant in your lawsuit, it can be served on the municipal agency directly.
The Victim
During the claim, the other side will also be assessing your actions to determine if you contributed to causing the accident. Fortunately, being partially at fault will not automatically prevent you from recovering damages. According to § 33.001, you can still recover compensation as long as your proportional responsibility is not found to be over 50%. You will only be denied compensation if you are found more at fault than the truck driver.
Call Our Odessa, TX Truck Accident Attorney Today for Help Getting the Compensation You Deserve
For your free case evaluation with our truck accident attorneys, contact The Queenan Law Firm at (817) 476-1797.