Dallas Truck Accident Lawyers

Truck accidents are all too common on North Texas roads, particularly in high-traffic corridors like I-35E, I-30, and the LBJ Freeway.

When these accidents are caused by negligence—whether by a truck driver, a trucking company, or a third party—victims have the right to pursue financial compensation.

At Winocour Law, our Dallas truck accident attorneys bring tenacity, deep experience, and trial-tested legal strategies to each case. We understand the stakes: catastrophic injuries, permanent disabilities, and even wrongful deaths. Our firm stands on the Winocour family’s legal tradition going back 135 years—and we’re here to fight for you.

Our Mission: Justice for Truck Accident Victims in Dallas

Texas leads the nation in fatal truck accidents, according to the National Safety Council. While safety reforms help reduce some of the risk, they do nothing for those already devastated by 18-wheeler and commercial vehicle crashes.

Truck accident victims need help recovering physically, emotionally, and financially. That’s where a skilled Dallas plaintiff’s attorney can make all the difference.

Our Case Results

$3.8 Million Commercial Vehicle Collision Settlement

Settlement for an individual who suffered serious injuries in a collision with a commercial vehicle.

View Case Results →

$950,000 18-Wheeler Truck Accident Settlement

A railroad engineer suffered a traumatic brain injury when an 18-wheeler struck his tractor on a rural East Texas highway. The truck’s own onboard radar data proved the driver had roughly 30 seconds to react, yet never braked.

Read the Case Study →

At Winocour Law, our mission is simple:

• Identify all liable parties, including drivers, carriers, and third-party vendors
• Pursue full compensation for your medical bills, lost wages, pain and suffering, and other damages
• Provide aggressive representation and compassionate guidance every step of the way

When you work with a trial-ready attorney, you’re not just filing a claim—you’re fighting for your future.

Meet Our Esteemed Truck Accident Attorneys

Common Causes of Truck Accidents

Most truck accidents happen as a result of:

• Careless or reckless driving: Speeding, tailgating, and unsafe lane changes
• Distracted driving: Texting, eating, or other inattention behind the wheel
• Driving under the influence: Impairment by alcohol or drugs
• Driver fatigue: Long hours behind the wheel without adequate rest
• Improperly loaded cargo: Violations of federal cargo regulations can lead to jackknifes or rollovers
• Neglected maintenance: Worn brakes, bald tires, or missing safety features
• Negligent hiring/training: Unqualified or poorly supervised drivers

Some commercial trucks carry risks of their own. Learn more about dump truck accidents and garbage truck accidents in Dallas, or about crashes involving buses and motorcycles.

Been in an Accident? Know What to Do Next.

The steps you take immediately after a truck or car accident can make or break your case. From securing the scene to protecting critical evidence, our step-by-step guide covers everything you need to do to preserve your claim.

How Long Do You Have to File a Truck Accident Claim in Texas?

In most cases, the Texas truck accident statute of limitations gives you two years to file a personal injury or wrongful death lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). For a personal injury claim, that period generally begins on the date of the accident. For a wrongful death claim, it begins on the date of death.

However, if a government or municipal vehicle was involved, such as a city garbage truck or a county road maintenance truck, you may need to submit a formal notice of claim within a matter of months, well ahead of the standard two-year deadline. Other rules affect the timeline. When the injured person is a minor, the two-year period generally does not begin until they turn 18.

The discovery rule, a limited exception for harm that could not reasonably have been discovered sooner, rarely applies in crash cases. So an accident victim whose symptoms appear days or weeks later generally does not get more time to file.

Why Evidence Disappears Long Before the Deadline

Federal Motor Carrier Safety Administration (FMCSA) regulations do not require trucking companies to retain their records indefinitely. Carriers must keep electronic logging device records for six months, a fraction of the two-year filing period. The truck’s onboard computer, called the engine control module (ECM), records speed, braking, and other information, often referred to as black box data. That information can be overwritten if the truck stays in service.

An attorney can send a spoliation letter demanding that the carrier preserve this evidence. The letter puts the company on notice of a potential claim, which can trigger a legal duty to preserve relevant records. Once a retention period passes, a carrier may lawfully delete these records, and they may not be recoverable.

What Makes Truck Accident Claims Different From Car Accident Claims

Truck accident claims on I-35E, the LBJ Freeway, and other North Texas roads operate under a different set of rules than ordinary car accident claims, for several reasons:

• A federal layer of regulation. Commercial trucking is governed by federal trucking regulations covering driver qualifications, hours-of-service limits, vehicle maintenance, and cargo securement. When a driver or carrier violates one of these rules, such as by driving beyond the allowed hours or skipping a required inspection, that violation may serve as evidence of negligence.
• Higher insurance requirements and a more coordinated defense. Federal rules require most interstate carriers to maintain commercial truck insurance minimums ranging from $750,000 up to $5 million, depending on what the truck is hauling (49 CFR Part 387). With higher policy limits at stake, insurance companies often respond to truck accident claims with dedicated legal teams.
• Early investigation by the trucking company. Trucking companies and their insurance companies often send investigators to a crash scene shortly after a collision. These investigations typically focus on gathering evidence that may limit the company’s liability, and because the carrier controls the truck, it usually has first access to the black box data.

Who Is Liable in a Truck Accident Case?

As our investigative team determines how your accident happened, we can begin to identify the parties responsible for the injuries you have suffered. In many cases, multiple parties may be liable.

Truck Driver

Drivers who violate traffic laws, FMCSA regulations, or company policies may be held personally liable. Their actions can trigger personal and employer-provided insurance coverage.

Trucking Company (Carrier)

Carriers are required to hire qualified drivers, maintain safe equipment, and follow federal and state regulations. If they cut corners, allow unqualified drivers behind the wheel, or neglect critical safety practices, they can be held accountable.

Parts or Vehicle Manufacturers

Defective parts, from brakes to steering columns, can contribute to a crash. We work with engineering experts to pursue product liability claims against negligent manufacturers.

Cargo Loaders

Improper weight distribution or unsecured cargo—often handled by third-party contractors—can destabilize a truck. These entities may be liable when cargo issues contribute to a collision.

Maintenance Providers

If outsourced maintenance providers fail to identify or address serious issues, they too may share the liability.

Can You Still Recover If You Were Partly at Fault?

Yes, in many cases. Determining who is liable in a truck accident does not always mean assigning all of the fault to one party. Texas follows a proportionate responsibility system, a form of modified comparative negligence sometimes called the 51% bar (Tex. Civ. Prac. & Rem. Code § 33.001).

If you are found 50% or less at fault for the crash, you can still recover damages, though the total is reduced by your percentage of fault. If a jury finds you more than 50% responsible, Texas law bars recovery altogether.

For example, if a jury awards $400,000 in damages but finds you 20% at fault, your recovery would be reduced to $320,000.

How Trucking Companies Try to Shift Blame

Every percentage point of fault assigned to you reduces what the trucking company ultimately pays, which gives its insurance company a financial incentive to allocate blame to the injured person. For that reason, it’s a common defense strategy in truck accident claims. A trial-ready firm responds with its own investigation rather than accepting the insurance company’s account of events.

Truck Accident Injuries in Dallas Crashes

The size and weight difference between a commercial truck and a passenger vehicle means even a moderate-speed collision can cause serious harm. Injuries commonly associated with truck crashes include:

• Traumatic brain injuries, which may affect memory, concentration, mood, and the ability to work
• Spinal cord injuries and paralysis, which may require mobility equipment, home modifications, and attendant care
• Amputations, which may require prosthetics that need adjustment and replacement over time
• Severe burns, which may require multiple surgeries and skin grafts
• Internal organ damage, which may not be apparent immediately after a crash
• Multiple fractures, which may require surgical hardware and extended rehabilitation
• Scarring and disfigurement, which may require reconstructive procedures

The above are considered catastrophic because their effects can last a lifetime.

Types of Compensation in Truck Accident Claims

As your truck accident attorney in Dallas, our goal is to secure the maximum compensation allowed under Texas law. This may include:

• Medical expenses: ER care, surgeries, physical therapy, medication, future treatments
• Lost wages: Income missed during recovery
• Loss of earning potential: Diminished ability to work in the future
• Pain and suffering: Chronic pain and physical hardship
• Mental and emotional distress: Trauma, anxiety, PTSD
• Property damage: Vehicle repair or replacement
• Loss of enjoyment of life: Inability to return to hobbies or daily activities
• Wrongful death benefits: Funeral costs, lost financial support, and loss of companionship

Truck crashes often result in death or catastrophic injuries like brain damage, paralysis, or amputations. These cases require attorneys who know how to calculate long-term damages and argue persuasively before insurers and, if needed, juries.

Punitive (Exemplary) Damages in Texas Truck Cases

In some truck accident cases, Texas law allows a claimant to pursue exemplary damages, commonly called punitive damages, in addition to compensatory damages (Tex. Civ. Prac. & Rem. Code § 41.003).

These damages are reserved for cases where clear and convincing evidence shows gross negligence, malice, or fraud. For instance, a carrier that knowingly ignored federal safety rules or falsified a driver’s logbook might be liable for punitive damages.

Pursuing this level of damages requires a firm prepared to take a case to trial, since exemplary damages are typically decided by a jury, and the jury’s decision must be unanimous.

Truck Accident Wrongful Death Claims

When a truck crash takes a loved one’s life, Texas wrongful death law (Tex. Civ. Prac. & Rem. Code § 71.004) allows a surviving spouse, children, or parents to file a claim, generally within two years of the date of death.

The estate may also pursue a separate survival action for damages the person could have claimed had they lived. A Dallas wrongful death lawyer can explain which claims apply to your family’s situation and what compensation may be available.

Injured in a Work-Related Truck Accident?

Truck crashes that happen on the job, such as during a delivery, an oilfield run, or a jobsite transport, can involve more than one type of claim. If your employer carries workers’ compensation insurance, you can generally receive benefits for medical care and a portion of lost wages regardless of who was at fault, but you typically cannot sue your employer. However, you may still be able to file a third-party lawsuit against another driver or trucking company that caused the crash.

Texas also allows private employers to opt out of the workers’ comp system. If your employer did, you may be able to bring a non-subscriber work injury claim directly against your employer. In that lawsuit, the employer loses certain defenses it would otherwise have, including arguing that you were partly at fault for your injury.

Why Trial Experience Matters in Truck Accident Cases

Not all attorneys are ready to take your case to court. But at Winocour Law, we have a reputation for our trial acumen.

What that means for your case:

• Insurance companies take claims more seriously when we’re on the other side
• We refuse to accept lowball offers—we fight for full value
• We understand complex trucking regulations and multi-party litigation
• We act quickly, gathering the evidence needed to build a strong case
• We know how to present your story effectively to a jury

This is not the time to gamble on a settlement-focused firm. With so much at stake, you need a team that’s ready to go the distance.

Frequently Asked Questions

Should I talk to the trucking company’s insurance adjuster?

Generally, no. Statements you give to the other side’s insurance company may later be used to dispute or reduce your claim. Speak with an attorney before giving any recorded statement.

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

In most cases, two years from the date of the crash, or from the date of death in a wrongful death case. Some exceptions can shorten or extend that window.

Can I recover damages if I was partly at fault?

Yes, as long as you are found 50% or less at fault. Your award is reduced by your percentage of responsibility.

Speak to Our Attorneys Today

If you or a loved one has been injured in a truck accident in DFW, talk to a Dallas truck accident lawyer first. Do not give statements to insurance companies or trucking representatives without legal advice.

Our team will protect your rights and take over all communications from day one.