Message Us
Call Us Truck Accident Settlements: How Courts Determine Compensation
By Anderson, Cummings & Drawhorn, LLP on December 11, 2025
Texas sees more large truck crashes than almost anywhere else, and those collisions often bring devastating outcomes that ripple through families and communities. The NHTSA’s Traffic Safety Facts: Large Trucks, released in April 2025, reported more than 5,800 fatal wrecks involving large trucks nationwide, with Texas ranking among the top states for these deadly crashes. Behind every number stands a family dealing with medical costs, emotional trauma, and uncertainty about the future. At Anderson, Cummings & Drawhorn, LLP, we help those affected in Dallas pursue fair truck accident settlements and guide them through the process of holding negligent parties accountable under Texas law.
Table of Contents
How Texas Courts Assess Liability in Truck Accidents
When a truck collision happens, responsibility often spreads across multiple parties. Texas courts dig into every level of involvement, from the driver to the cargo loader, and sometimes even the manufacturer. Judges review black box data and police reports, and they often rely on accident reconstruction experts. In many cases, those records reveal missed maintenance or hours-of-service violations that explain how the crash unfolded. The Federal Motor Carrier Safety Administration sets safety standards for commercial trucking, and when companies break those rules, it can prove negligence.
If multiple parties contributed to a crash, the court assigns percentages of fault. For instance, a driver speeding through I-35 may be held responsible, but if a repair company ignored faulty brakes, they share responsibility. This layered review ensures accountability from all sides.
Get In Touch With Us
No Fees Unless We Win
(817) 920-9000
Understanding Modified Comparative Negligence
Texas uses a system called modified comparative negligence to decide who pays what. Under Texas Civil Practice and Remedies Code §33.001, an injured person cannot collect compensation if they bear more than 50 percent of the fault.
When someone carries half or less of the blame, they may still recover damages. Imagine a $200,000 award where the injured driver carries 30 percent of the fault; the recoverable amount becomes $140,000. This rule balances fairness, holding each person accountable for their role in the crash while still allowing victims to recover meaningful compensation.
Truck cases often involve multiple defendants, so the percentages matter. A trucking company might hold 60 percent of the fault for poor maintenance, while a third-party shipper might hold 10 percent for improper loading. Understanding this distribution helps victims pursue every available source of recovery.
Economic Damages Considered in Truck Accident Settlements
Economic damages represent the measurable financial losses linked directly to the crash. Courts look closely at every expense, including:
- Emergency transport, hospitalization, and ongoing medical care
- Rehabilitation costs and long-term therapy
- Lost income and reduced earning potential
- Vehicle repair or total replacement
- Future medical treatment and at-home assistance
Lawyers often bring in financial specialists to estimate lifetime costs for severe or permanent injuries. The evidence may include invoices, employer documentation, and professional projections.
According to the NHTSA’s Traffic Safety Facts: Large Trucks, 2023 Data, published in April 2025, Texas recorded the highest number of large trucks involved in fatal traffic crashes, with 705 in total, and the greatest number of vehicles involved in fatal crashes overall, with 6,177. This underscores why complete compensation matters; many victims face not just hospital bills but months of lost wages and major lifestyle changes.
Some cases justify punitive damages, which aim to punish extreme recklessness. For example, a trucking company that knowingly pressures drivers to skip rest breaks or falsify maintenance logs could face additional financial penalties.
Contact a Dallas Truck Accident Lawyer Now
Don’t face big insurance companies alone. Our award-winning lawyers have recovered millions for clients just like you. We’re ready to put our 50+ years of combined experience to work, fighting for the compensation you deserve.
Call Us At (817) 920-9000
Non-Economic Damages and Their Impact
Beyond financial strain, truck crashes often leave deep emotional scars. Victims may live with daily pain, anxiety about driving, or a loss of independence. Non-economic damages exist to recognize those experiences.
Under Texas Civil Practice and Remedies Code §41.001(12), these damages include pain and suffering, emotional distress, disfigurement, and loss of companionship. They acknowledge how a serious crash changes day-to-day life, sometimes permanently.
Courts evaluate these damages using testimony from doctors, psychologists, and the injured person themselves. There is no fixed formula; instead, the court weighs the evidence to reflect how much the injury affects a person’s happiness, confidence, and relationships. While these damages do not undo the harm, they help restore balance and dignity.
Case Result
$8 Million Trucking Wrongful Death Case: When the Official Crash Report Was Wrong
Two co-workers were killed while traveling together on a business trip along IH-10 in New Mexico. They were driving a rental car eastbound toward El Paso when an 18-wheeler crossed the median and struck them head-on. Both men died at the scene. The truck driver survived.
From the beginning, the case presented a serious challenge: the only surviving participant in the collision gave an account that placed all fault on the deceased driver—and that account became the basis of the New Mexico State Police crash report.
The Initial Narrative—and the Claim Denial
The truck driver told state troopers that the rental car had been traveling westbound and made an unsafe lane change in front of his semi, clipping the bumper and causing him to lose control. According to that version of events, both vehicles were then carried across the median into the eastbound lanes.
Because the two men in the rental car were killed, they could not contradict that account. The investigating officers accepted the truck driver’s explanation and cited the rental car driver for an unsafe lane change. Relying on that report, the trucking company’s insurer denied the parents’ wrongful-death claims, asserting that its driver was not at fault.
The families then turned to our firm to determine whether the official explanation was accurate.
Independent Investigation and Evidence Review
Our approach in serious trucking cases is not to rely solely on a crash report, particularly when physical evidence and common-sense questions remain unanswered. We began a comprehensive investigation that included:
- Cell-phone location and telemetry data from both decedents
- Travel itineraries confirming direction and timing of travel
- Photographs and scene evidence
- Eyewitness interviews
- Social-media activity corroborating travel plans
- Electronic data from the truck and vehicle damage analysis
As these pieces came together, it became clear that the reported crash sequence was inconsistent with the evidence. The data showed that the rental car had been traveling eastbound continuously and had not crossed the median.
Accident Reconstruction Reveals the Truth
We retained a highly qualified accident-reconstruction team to analyze the physical evidence, vehicle damage, roadway geometry, and the truck’s electronic control module (“black box”) data. Their findings established that:
- The 18-wheeler lost control while traveling westbound, likely due to driver fatigue
- The truck crossed the median into the eastbound lanes
- The collision occurred entirely in the eastbound lanes
- The rental car never crossed the median
In short, the truck driver’s statement to law enforcement was false.
Correcting the Record and Achieving Accountability
Once confronted with the reconstruction findings and supporting data, the defense could no longer rely on the original narrative. The case ultimately resolved for $8 million , representing the full limits of all available liability insurance covering the tractor and trailer.
For the parents, the result was not simply financial. It corrected the public record, restored their sons’ reputations, and confirmed that they were not responsible for the crash that took their lives.
Why This Case Matters
This case highlights a recurring problem in catastrophic trucking collisions: when victims are unable to speak for themselves, an initial narrative—especially one provided by a surviving commercial driver—can become entrenched, even when it is wrong.
Our firm’s role is to test those narratives against objective evidence, technical analysis, and independent investigation. In this case, doing so made the difference between a denied claim and full accountability.
Injured in a Truck Accident? Let Anderson, Cummings & Drawhorn, LLP Help You Get the Settlement You Deserve
Truck accident claims in Dallas require skill, patience, and a team that knows how Texas law works. At Anderson, Cummings & Drawhorn, LLP, we hold negligent drivers, trucking companies, and insurers accountable through detailed investigation and aggressive negotiation. Our firm understands how courts measure damages and when punitive awards apply, and we fight for the maximum amount available under state law.
If a trucking company’s negligence caused your injuries, reach out to our Dallas team today. We can evaluate your case, gather critical evidence, and guide you through every step of pursuing a truck accident settlement that truly reflects your losses. Call us at 817-920-9000 for a free consultation and start the process toward recovery.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.
Recent Blog Posts
How Long Do You Have to Report a Workplace Injury? Deadlines You Need to Know
May 27, 2026
Key Takeaways Texas law requires notice to employer within 30 days of injury or awareness. Failure to give timely notice can relieve employer and insurer of liability. Non-subscriber employers may require earlier notice under internal reporting policies. Reporting promptly helps align medical records with the injury timeline. Reporting period may...
Read Article
How to Sue an Insurance Company for Bad Faith: A Step-by-Step Guide
May 25, 2026
Key Takeaways Insurance bad faith happens when a carrier fails to handle a claim honestly and fairly. A bad faith claim turns on lack of reasonable basis for denial, delay, or underpayment. Texas law prohibits misrepresenting a material fact or policy provision. Suit may follow when a carrier denies without...
Read Article
Workplace Injury Compensation: What You Need to Know After an Accident
May 22, 2026
Key Takeaways Workplace injury compensation refers to benefits or recovery after a job-related injury or illness. Texas allows private employers to opt out and become non-subscribers. Workers’ compensation claims do not usually require proof of employer fault. Non-subscriber claims may allow recovery beyond limited insurance benefits based on employer negligence....
Read ArticleRequest a Free Case Evaluation
Tell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a free evaluation of your case. If we can help, and you are unable to travel, we will come to your home, office, or hospital. It’s easy – let’s get started.
Email Us Anytime
Email us anytime and we will get back to you.
We’ll Come To You
Our attorneys will come to your home, office or hospital at your convenience.
Available 24/7
Our team is ready and waiting to help you today.
