Have you or a loved one been injured in a Fort Worth truck accident? At Anderson, Cummings & Drawhorn, we have the legal knowledge, resources and staff to pursue the maximum amount for your lawsuit.
Our Fort Worth truck accident lawyers have recovered over $100 million in compensation for our clients. Partner John Cummings is a Fort Worth native who has successfully recovered millions for accident victims, including a record-setting punitive damages award for the victim of a high-profile truck accident case. John is also board certified in both personal injury and civil trial law. He is a Past President of the Tarrant County Trial Lawyers Association and a fellow of the Tarrant County Bar Foundation.
We know the tactics insurance companies use in 18-wheeler accident cases, and we know how to counter them. We offer a free, initial consultation to review your claim and there are no upfront fees for our services.
Don’t face big insurance companies alone. Our award-winning lawyers have recovered over $100 million for clients just like you. We’re ready to put our 50+ years of combined experience to work, fighting for the compensation you deserve.
If you have been injured in a crash caused by a truck driver’s negligence, you may be eligible to recover significant compensation for your damages. Since each truck crash is unique, the value must be determined on a case-by-case basis. Your attorney must fully investigate your crash to determine how it happened and who may be liable.
Liability in a truck crash case is complicated as multiple parties may have contributed in some way to what happened. For instance, the truck driver may have been driving too fast and that may have been the primary cause for the crash. The brakes of this speeding truck may have also been defective, making it harder for the driver to slow down or stop. Crash investigators might determine that defective part may have caused the crash or at least contributed to it. In that situation, the manufacturer may be held at least partially liable for the 18-wheeler crash.
If the truck accident and your resulting injuries are due to another party’s negligence, you may be able to seek compensation for your medical costs, property damage, lost wages and other losses resulting from the crash.
Proving negligence in a truck crash case is a complex task, which is why you need an experienced Fort Worth truck accident lawyer to help you. Seth Anderson has decades of experience and a proven track record.
In the moments and hours after a collision with an 18-wheeler, the following steps are essential for your health and your injury lawsuit:
Gathering accurate evidence quickly after the crash is critical. Witness’s memories fade over time – a week or month later a witness may forget critical details.
Under the Texas Transportation Code Section 550.065 accident victims are now able to access a copy of the police accident report from their specific crash. While the report is not freely available online, for a fee accident victims can apply to the Texas Department of Transportation and obtain the report.
No Fees Unless We Win
There are certain things you should not do after a truck crash because they could hurt your chances of obtaining maximum compensation for your damages. For example, you should not:
If the insurance company, truck driver or even the police ask how you are feeling, it is often best to tell them you do not know. You could also say you are going to the hospital, but you do not need to be any more specific than that. If you say too much, your comments could be used to say you are not injured or your injuries are not that serious.
The insurance company wants to resolve this matter as quickly as possible. They know victims are unsure of their rights and that is why they try to bombard you with questions or documents to sign. They may say they have paperwork to get you a rental car, but this paperwork could include a release form that bars you from recovering compensation.
The bottom line is you should never sign anything without consulting an experienced lawyer.
Once you record a statement, your claim can be limited by what you say. The insurance company may say they just want to expedite the process, but their goal is to obtain a statement that allows them to underpay your claim.
There may come a point in the process when you need to record a statement, but this should only be done with guidance from your attorney.
Truck accident victims often believe they can only file a lawsuit against the truck driver responsible for the crash. However, most trucks are commercial vehicles. This means they are likely owned by trucking companies and serviced by third-party vendors. These are parties that your attorney will investigate as they could share liability for the accident.
Truck driver negligence is a major factor in many big rig accidents. The truck driver may have been impaired in some way, such as by alcohol, drugs or even over-the-counter medications. Truckers may suffer from certain health conditions because of the sedentary nature of the job. Sleep apnea among truck drivers is quite common. If this condition is not treated the driver may be more likely to fall asleep at the wheel.
Your attorney will investigate all avenues to determine what factors may have contributed to or caused the crash. Sometimes, it is just a traffic violation, such as blowing through a red light. The driver may have been speeding to make an unreasonable deadline.
It is possible the driver should have been on break, as there are federal regulations about the number of consecutive hours a driver can be behind the wheel. Your lawyer can investigate to determine if hours of service regulations were followed.
Fault is often shared in truck accidents, and sometimes the parties that share fault are the truck owner or trucking company. They could be liable if they were pushing drivers to meet unrealistic deadlines or cutting safety corners in other ways. For instance, if the trucking company failed to do a proper background check to make sure a driver had enough experience and was properly trained.
If the truck had a mechanical problem that contributed to or caused the crash, a manufacturer may be held at least partially liable.
Another example where third-party liability may apply is if the truck was not properly maintained. If negligent maintenance led to the truck accident that caused your injuries, the truck owner could be liable as well. An example of negligent maintenance is failing to properly inflate a tire or replace a tire with worn treads.
If the big rig is an 18-wheeler there may be a second vehicle called the prime mover. This commercial vehicle is a specially designed, heavy-duty truck. It is used to help push or pull a semi-truck being used to transport oversized loads, such as a pre-fab building, other semi-trucks or oversized construction elements. The prime mover may be owned or leased by one company, while the truck, trailer and the cargo in it may belong to a different party.
At Anderson, Cummings & Drawhorn, we take a great amount of time to investigate the specifics of each and every claim we handle. Obtaining accurate evidence is a vital part of the investigation process. Any evidence that accident victims and their families can provide is often helpful.
The burden of proof in a truck accident case, like other personal injury claims, falls on the victim – which means you or your attorney. If you have hired one, your attorney knows what is needed to establish negligence. If there is no negligence, then there is no case.
Truck crash claims are quite complex. There are federal laws that apply to these claims, and there are often multiple defense lawyers defending the truck driver and trucking company. Having an attorney who has experience managing truck crash cases is critical. Having an attorney represent you and manage your case helps to ensure your interests and rights are protected throughout the legal process.
To validate your case, your attorney must establish certain factors about the truck accident that caused your injuries. These elements include:
Insurance companies do not want to pay out any more money than is necessary. If they paid the maximum on every truck accident case, they would not stay in business for long. It is an important point to remember because this is why the insurance company will never have the same goals as you.
To that end, the insurance company and the lawyers defending the truck driver and/or trucking company will look for ways to deny their policyholder’s negligence. They may even try to shift the blame elsewhere. For instance, they may say you cut their driver off or that an unexpected event contributed to the accident.
Every argument the other side presents must be disputed. Any argument you cannot prove could reduce the total amount of financial compensation you may receive. Unfortunately, if the defendant’s arguments are successful, this means less money to help pay for your damages.
If you are working with an attorney, he or she will know how to successfully dispute each argument raised by the defendant’s lawyers. This is yet another reason to make sure the attorney you hire has the experience you need to get the job done.
A qualified attorney should be aware of the strategies the insurance defense lawyers may try to use and be prepared accordingly.
$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:
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:
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.
Following an accident, you may be contacted by a representative of the at-fault truck driver’s insurance company. In some instances, they may offer you a compensation settlement in an effort to quickly close the claim.
Here is what you should know about quick settlement offers. However good the offer may sound, it is never going to be for the full value of your claim. The reason we can say this with such conviction is that in those first few days, weeks and months, you are likely still recovering from your injuries. If you are still seeing the doctor, getting treatment and going to physical therapy, you are still running up medical bills. You should not be paying for those costs.
It is important that you have a reputable attorney review any settlement offers before you sign them. The insurance company is NOT looking out for your best interests, they are looking out for their own. Their primary goal is to close your file for the smallest possible financial outlay.
Many motorists are not aware that there are many different types of insurance policies that can be purchased for a commercial vehicle. Depending on your claim, you may be eligible to make a claim against more than one of these policies. Some of these include:
If you are unsure about your legal options, contact our lawyers to discuss your situation. We have extensive experience negotiating with insurance companies and their legal counsel and are prepared to apply that knowledge to your claim.
Compared to passenger vehicles, large commercial trucks are limited in their ability to stop abruptly – the heavier a vehicle, the more distance and time it takes to stop. Trucks also have more blind spots, and their size and weight makes it difficult to make quick, controlled maneuvers
Some common types of truck accidents include:
In 2020, hundreds of commercial motor vehicle accidents were reported in Tarrant County.
Do not let your insurance company or the truck driver’s insurer dictate what happens with your claim.
Our experienced Fort Worth truck accident lawyers at Anderson, Cummings & Drawhorn are prepared to help you obtain the compensation you need for medical expenses, property damage, lost wages and more.
We are ready to work with investigators to uncover what happened and form the foundation for a strong case. We believe in getting just and fair compensation for you and your loved ones.
Our office is located just minutes from the Fort Worth Municipal Court and we charge no upfront fees to handle your truck accident lawsuit.
As a Fort Worth native and a double-Board Certified trial lawyer, John Cummings is dedicated to fighting for the rights of the injured. With a track record that includes record-setting verdicts and multi-million dollar settlements, he is an aggressive advocate who isn’t afraid to take on tough cases.
Signing a waiver does not automatically prevent you from filing a truck accident lawsuit in Texas. Many waivers have limits, especially when negligence or unsafe trucking practices caused the crash. Questions like “If I sign a waiver, can I still sue?” depend on the waiver’s wording, the circumstances, and the conduct involved. Courts often review these agreements closely in serious truck accident injury cases involving commercial drivers, company liability issues, public safety concerns, regulatory violations, and injured motorists.
Yes, an uninsured driver may still pursue compensation after a truck accident because Texas does not follow no pay, no play state laws. As a result, lack of insurance does not eliminate the right to recover damages, since liability in these cases focuses on fault rather than coverage. When a commercial driver or trucking company caused the collision, an uninsured motorist may still seek compensation for medical bills, lost income, pain, suffering, and other accident-related losses after serious crashes involving severe injuries or long-term consequences.
Careless driving involves inattention, while reckless driving involves a conscious disregard for safety. The distinction between careless vs reckless driving plays a vital role in truck accident cases because reckless conduct signals a higher degree of fault. Speeding, aggressive driving, or ignoring known dangers can elevate liability when a truck crash causes injuries, especially when evidence shows repeated violations, prior safety warnings, or deliberate decisions that increased risks to other motorists and nearby road users on Texas roads and highways.
Semi trucks present serious risks due to their size, weight, and limited visibility. Collisions often occur when passenger vehicles enter semi truck blind spots, where drivers cannot easily see surrounding traffic. These blind areas make lane changes and turns dangerous, and failures to account for them frequently contribute to severe truck accident injuries, particularly in congested traffic, construction zones, or highway merges where visibility and reaction time become critically limited for commercial drivers and nearby vehicles traveling at high speeds.
Adults may ride in the bed of a pickup truck, but Texas law generally prohibits children under 18 from doing so. This rule addresses safety concerns and answers whether it is illegal to ride in the bed of a truck when minors are present. According to the Texas Transportation Code, Section 545.414, violations may result in fines and increased liability after an accident, especially when injuries occur, traffic laws are violated, or unsafe conditions contribute to a crash.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial 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.
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