A collision with an 18-wheeler does not behave like a typical fender bender. The forces are different, the injuries are worse, and the rules that govern the case come from a thicker book. In North Texas, where US 75, 380, and 121 funnel steady truck traffic through McKinney, I’ve seen families blindsided by the complexity that follows a truck crash. The right strategy can mean the difference between a settlement that barely covers surgery and one that accounts for a lifetime of care, lost earning capacity, and the human cost of pain that doesn’t fade when the cast comes off.
This is a practical map of what a seasoned McKinney injury lawyer does when an 18-wheeler case lands on the desk. Not theory. Steps, timing, trade-offs, and where leverage is won or lost.
Why 18-wheeler claims pay differently than car accident cases
The physics alone explain the injuries: a loaded tractor-trailer can weigh up to 80,000 pounds, and stopping distances stretch far longer than a passenger vehicle. But the compensation picture changes because of who stands behind the wheel and the layers of responsibility over that driver. In a standard car wreck, liability often stops with a single driver and their personal auto carrier. In an 18-wheeler crash, liability can extend to the motor carrier, the trailer owner, a freight broker, the shipper, a maintenance contractor, even a manufacturer if a component failed.
Insurance limits tell another story. While a typical Texas auto policy might provide $30,000 per person, federal regulations require motor carriers transporting non-hazardous freight across state lines to maintain at least $750,000 in liability coverage, with many policies at $1 million or layered with excess/umbrella coverage. For hazardous cargo, the minimum jumps higher. Add in cargo policies, rental agreements, and motor carrier excess layers, and the available coverage often dwarfs what’s common in a McKinney car accident case.
The final difference is the rulebook. The Federal Motor Carrier Safety Regulations (FMCSRs) govern hours-of-service, maintenance, drug and alcohol testing, driver qualification, and recordkeeping. Those regulations supply a roadmap for proving negligence that doesn’t exist in a typical rear-end crash between commuters.
The first 72 hours: preserving what wins cases later
I’ve never met a trucking company that voluntarily saved damaging evidence without being compelled to. The first week matters because black box data and video are perishable, and dispatchers move quickly to contain exposure. An experienced McKinney personal injury lawyer starts with a preservation blitz.
A well-crafted spoliation letter goes out within 24 to 48 hours, demanding the motor carrier preserve driver qualification files, hours-of-service logs, electronic logging device (ELD) data, engine control module (ECM) downloads, driver-facing and road-facing camera footage, Qualcomm or Omnitracs communications, bills of lading, trip sheets, maintenance records, DVIRs, post-crash drug and alcohol testing, and fleet telematics. We also demand the truck and trailer remain in their post-crash state until our expert can inspect them.
Parallel to that, we canvass for video. Gas station cameras along the route, TXDOT cameras, nearby businesses, and residential doorbells can capture approach speeds, improper lane changes, or a driver on a phone. Most systems overwrite in days, not weeks. A phone call and a friendly visit can salvage crucial footage.
When the injuries allow, we interview witnesses before memories congeal around narratives fed by adjusters. Details change with time. The first telling carries raw truth.
Building the liability story with regulations that actually matter
The FMCSRs are vast. Not every violation moves the needle. You get traction where the facts and regs intersect.
If fatigue is suspected, hours-of-service rules become central. Was the driver over their 11-hour driving limit? Did they rest for the required 10 hours off-duty? ELD data, fuel receipts, toll tags, and cell phone records often reveal whether the log matches reality. I handled a case where the driver’s ELD showed compliant hours, but a toll pass pinged the truck at a location that made the log impossible. The discrepancy opened the door to punitive damages discussions because it suggested falsification, not mere error.
If a mechanical failure contributed, we study maintenance intervals and inspection compliance. A tread separation or worn brake components might trace back to skipped service or a failure to act on driver vehicle inspection reports. A loose fifth wheel suggests improper coupling or lack of training. For a blown steer tire, we check age codes and retread history.
Hiring and retention practices matter when the driver’s record foreshadows danger. Prior moving violations, log falsification, or preventable crashes can support claims for negligent hiring or retention. But you need more than a bad history; you need to show the company had reason to know and kept the driver on the road anyway. Carriers often argue they used a third-party screening service. A careful review of the file often shows red flags ignored.
Cargo securement issues show up in jackknife and rollover cases. Improperly balanced loads or failure to secure can shift weight in a curve and set the truck up to tip. The bill of lading and loading instructions help identify whether the motor carrier or the shipper controlled the load, which steers who bears responsibility.
Comparative fault and how to keep it from eroding value
Texas follows proportionate responsibility. If a jury finds a claimant more than 50 percent at fault, recovery vanishes. Even a modest allocation to the injured person reduces the award dollar-for-dollar. Defense lawyers lean on this, pointing to speed, sudden lane changes, or a failure to brake.
Countering comparative fault is about pacing and precision. Scene measurements, event data recorder downloads from both vehicles, and reconstruction McKinney truck accident lawyer testimony can validate closing speeds and distances. Skid marks, yaw marks, and crush profiles tell a physics story that jurors respect. A dash camera from another car can demolish a driver’s after-the-fact explanation. You protect value by replacing conjecture with data.
At the same time, you must evaluate candidly. If a client merged aggressively, forcing a tractor-trailer to brake hard, settlement values reflect that exposure. Experienced counsel doesn’t chase a number that reality won’t bear. Instead, we narrow dispute to what is defensible: perhaps the truck followed too closely at highway speeds, or the driver failed to account for a known blind spot in heavy traffic. You don’t need to win every argument; you need to win the ones that drive the verdict form.
Medical strategy that aligns care with proof
A case rises or falls on the medical record. Juries understand broken bones and surgeries. They struggle with soft tissue pain and unremarkable MRIs unless the record makes sense. From day one, we align care with diagnosis, documentation, and long-term projections.
Emergency room notes set the tone. If neck pain isn’t documented then, defense counsel will suggest it was invented later. That doesn’t mean the pain didn’t exist; it means we need to explain why the patient focused on the searing back pain first. Treating physicians who write in precise language help more than any expert we hire later. We encourage clients to report symptoms consistently and completely. Vague comments like “feels better” without context hurt. “Improved with medication; still cannot sit more than 20 minutes; pain spikes to 7 at night” helps lay a track record.
For spine injuries, I’m careful with imaging timing. Early MRIs can miss annular tears or nerve root irritation that a second study shows weeks later. When radiculopathy signs persist, electrodiagnostic studies can validate nerve involvement. With traumatic brain injury, neurocognitive testing at appropriate intervals is more persuasive than a one-off evaluation.
Cost of future care is where cases often leave money on the table. Life care planners build a defensible picture of future needs: injections, revision surgeries, durable medical equipment, medications, pain management, and the cost of attendant care if needed. A 35-year-old with a lumbar fusion almost certainly faces adjacent segment disease down the line. If the record doesn’t speak to that, a settlement will ignore it.
Lost earning capacity requires more than wage statements. We document job demands, vocational limitations, and real-world labor market data. An electrician who can’t climb ladders or a logistics manager who can’t tolerate prolonged sitting both face reduced options. For self-employed clients, tax returns, client lists, and before-and-after profitability prove impact better than a generic letter from the claimant.
Dealing with the insurance architecture: multiple policies, multiple traps
Commercial trucking insurance rarely sits in a single, simple policy. Primary coverage may be at $1 million, with an excess layer sitting above it. Cargo policies exist but usually don’t pay bodily injury claims; they influence negotiations when the carrier faces parallel cargo exposure. When a broker is involved, contingent liability policies may appear, but you must show the broker’s negligence in selecting or supervising a carrier, not just a bad outcome.
Tendering claims to every potential insurer is part art, part patience. Some carriers deny coverage based on driver status: “He wasn’t in the course and scope” or “He was an unauthorized driver.” That’s where lease agreements, dispatch records, and communications show control. Texas courts focus on the right to control details of the work. If the motor carrier directed routes, times, and loads, they won’t escape by pointing to a contract that labels a driver an independent contractor.
Excess carriers test whether you’re truly prepared to try the case. They rarely engage until primary limits are in play. That means you must build a file that justifies a policy limits demand on the primary and sets the stage for Stowers exposure if the insurer fails to settle within limits when liability is reasonably clear and damages exceed coverage. A clean, well-supported demand letter with a reasonable deadline, medical records, expert opinions, and a trial-ready tone triggers conversations that puffery never will.
When to hire experts and which ones move juries
Experts don’t exist to decorate a case. They exist to translate complexity into credible, digestible points.
A crash reconstructionist matters whenever speed, braking, or visibility are in dispute. They model the collision, use ECM data, and give jurors an anchor. Human factors experts can explain perception-reaction time and why a driver’s failure to scan mirrors at known intervals breaches reasonable care. If fatigue is the issue, a sleep medicine expert can tie hours-of-service violations to cognitive impairment.
On the medical side, treating physicians carry weight, but defense cross-examination often extracts that they didn’t review the crash dynamics. A biomechanical engineer can connect force to injury, especially when MRIs show preexisting degeneration. They won’t claim a 20-year-old disc became new again, but they can explain how trauma can aggravate asymptomatic degeneration into disabling pain, which Texas law recognizes.
Economic experts earn their keep when future losses span decades. They explain discount rates, inflation for medical services, and work-life expectancy in a way that keeps numbers grounded. The best ones handle cross calmly and make concessions that enhance credibility without crippling the bottom line.
Negotiation timing: strike early or build pressure
There’s no single right moment to settle. The wrong moment is before you understand the medical endgame. In a truck case, I rarely push for a final number before maximum medical improvement or a clear projection. Premature settlements save insurers money by shifting risk onto the injured person.
Often, an initial demand goes out after key records and liability proofs are assembled but before depositions. If the carrier shows good faith and your valuation aligns, you resolve months, not years, sooner. If they posture or nitpick obvious damages, litigation is the lever.
Once suit is filed, we subpoena the records carriers prefer to withhold, depose the driver, safety director, and company 30(b)(6) corporate representative, and lock in testimony. Good 30(b)(6) depositions are gold; they force the company to speak with one voice about safety policies, discipline, training, and post-crash actions. Contradictions between written policies and real enforcement resonate with jurors and claim adjusters who fear jurors.
Mediation works when both sides arrive informed. I bring demonstratives: a timeline of the driver’s day measured against the log, photos overlaid with sight lines, a summary of medical costs and future care. Insurers bring their own spreadsheets. The gap narrows fastest when each side sees the other has done the homework that persuades juries.
Litigation path in Collin County and the Northern District of Texas
McKinney cases often land in Collin County courts, though interstate carriers can remove to federal court if diversity and amount-in-controversy requirements are met. Federal judges enforce deadlines strictly; discovery disputes resolve faster but with less patience for games. State court offers more local juries and, at times, a different rhythm to motions practice.
Jury pools matter. Collin County panels include engineers, tech professionals, small business owners, and commuters who understand traffic realities. They respond to clarity, modesty, and data. They punish recklessness when proven, not when alleged. A McKinney auto accident lawyer who has tried cases locally knows which arguments draw nods and which create skepticism.
On timing, a contested truck case usually runs 12 to 24 months to trial, depending on the docket. Medical complexity and expert calendars add months. Defense counsel occasionally slow-walk discovery to force a less-prepared plaintiff to settle. You counter with well-supported motions to compel and clear scheduling orders. Momentum favors the party ready to try the case.
Settlement structures that protect long-term needs
When injuries require ongoing care, a lump-sum check can be both a lifeline and a risk. Structured settlements, which convert part of the recovery into guaranteed future payments, can stabilize budgets for medication, procedures, or home health. With minors or catastrophic injuries, court-approved structures and trusts protect eligibility for needs-based benefits while funding care.
Medicare’s interests also matter. If future injury-related care is likely to be covered by Medicare, a Medicare set-aside analysis may be appropriate. While not required in liability cases the way it is in workers’ compensation, ignoring Medicare can spawn future headaches if Medicare seeks reimbursement or refuses to pay. A careful McKinney personal injury lawyer considers conditional payments and lien resolution in the settlement plan, including hospital liens, ERISA plans, and VA or TRICARE claims.
Common defense themes and how to meet them
You’ll hear that injuries stem from degeneration, not trauma. Meet it with pre-crash medical histories, testimony from friends and co-workers about activities before the crash, and treating physician notes that contrast pre- and post-injury function. If the client ran 5Ks before and struggles to climb stairs now, that story carries weight alongside imaging.
You’ll hear that the driver faced a sudden emergency. Texas law recognizes true sudden emergencies, not predictable traffic conditions. A vehicle stopping on a congested 75 frontage road isn’t an “emergency” that excuses tailgating. A blowout might be, but not if the tire was overdue for replacement or mismatched with the axle.
You’ll hear creature-of-habit arguments. The driver always inspected; the company always trained; safety is our top priority. Paper policies without enforcement crumble under deposition. Ask how many random audits led to discipline last year, how many log falsifications were caught, and what happened next. Numbers matter.
Practical steps injured Texans can take in the first month
- Seek comprehensive medical care and follow through with referrals; gaps in treatment are red flags for insurers. Preserve evidence: keep damaged personal items, photograph injuries over time, and avoid repairing the vehicle before an inspection. Avoid recorded statements to the trucking insurer until you’ve consulted a McKinney injury lawyer who can prepare and protect you. Track expenses and time missed from work with documents, not memory; contemporaneous notes beat reconstructed lists. Stay off social media about the crash and your injuries; even innocuous posts can be twisted.
These aren’t formalities. They build the spine of the case you will one day present to an adjuster, mediator, or jury.
Choosing counsel: what to ask a McKinney injury lawyer before you sign
Experience with car wrecks in general is not the same as experience with 18-wheelers. Ask about recent truck cases, not just auto cases. Ask how quickly they send preservation letters, which experts they work with, and whether they have tried a truck case to verdict in Collin County or federal court. A capable McKinney car accident lawyer understands passenger vehicle dynamics; a seasoned trucking lawyer speaks fluently about hours-of-service, ELD subtleties, and carrier safety metrics.
Also ask about firm resources. Truck cases are expert-intensive and costly to prosecute. You need a team that can front the expense and time required without pressuring you into an early, low settlement. If the firm plans to refer or associate with a truck specialist, clarity helps everyone.
The role of local knowledge in a statewide legal framework
Texas law sets the rules, but local practice shapes how those rules unfold. In McKinney, relationships with medical providers who understand lien-based care can bridge the gap for clients without comprehensive health insurance, allowing treatment without out-of-pocket payments while the case progresses. Familiarity with local judges’ discovery preferences keeps cases moving. Awareness of common defense firms’ playbooks helps anticipate tactics. A McKinney auto accident lawyer who drives the same roads you do knows where trucks stack up at rush hour and how those pinch points shape crash scenarios.
Real-world example: a lane-change collision on 121
A case that still sticks with me involved a box trailer drifting into a sedan during a lane change near Stacy Road on 121. The driver insisted the car was in his blind spot and that he signaled and moved responsibly. We pulled dash cam footage from a car two lanes over that caught the approach. The truck had failed to check mirrors at the right intervals and began the merge while still accelerating. ELD data showed the driver was on his 10th hour driving. Not a violation by itself, but fatigue indicators were present. The company’s 30(b)(6) witness admitted their training materials instructed drivers to maintain speed during merges to avoid clogging traffic, which, while not unlawful, clashed with a duty to confirm a clear lane. Our client’s injuries included a labral tear in the shoulder and cervical radiculopathy. A surgery was likely within three years.
We assembled a demand with the footage, ELD analysis, training materials, and an orthopedic opinion about the surgery timeline and cost. The primary carrier opened at a low six-figure number. After depositions and a mediation where the human factors expert explained scanning behavior, the case resolved within the primary policy limits, with a portion structured to cover the expected surgical costs. The difference wasn’t magic. It was the accumulation of small, verifiable facts and the willingness to push past the first offer.
Damages that should be on the ledger in serious truck cases
Medical expenses aren’t the whole story. A complete damages picture includes past and future medical costs, lost wages, diminished earning capacity, physical pain, mental anguish, physical impairment, disfigurement, and loss of household services. For spouses, loss of consortium may apply. In wrongful death cases, family members pursue their own losses, and the estate brings a survival claim for the decedent’s damages before death.
Quantifying human losses demands restraint and specificity. Juries ignore inflated numbers and vague pleas. They respond to clear descriptions: the father who can no longer lift his toddler without burning pain, the caregiver whose back spasms land her in bed twice a week, the retiree whose cognitive fog after a mild TBI ends Sunday crossword traditions he once shared with a granddaughter. Bring the details. Tie them to medical explanations. Avoid melodrama.
When punitive damages come into play
Punitive damages in Texas require clear and convincing evidence of gross negligence, which includes an extreme degree of risk and actual, subjective awareness of that risk with conscious indifference to the safety of others. Not every hours-of-service slip or missed inspection meets that bar. But falsified logs condoned by a safety department, a pattern of ignoring out-of-service orders, or a post-crash cover-up begins to cross the line. Caps apply in most cases, but even the potential for punitives can change the calculus for an insurer nervous about a runaway verdict.
Why speed matters without rushing the result
Two clocks run after a crash. The statute of limitations sets a filing deadline, typically two years for personal injury in Texas, with exceptions. Evidence clocks move much faster. ELD data, internal texts, and camera footage can disappear if you don’t act fast. At the same time, rushing to settle before the medical picture stabilizes shortchanges clients.
A good McKinney personal injury lawyer works both clocks at once: immediate preservation and investigation, methodical medical development, then negotiation or litigation backed by proof instead of guesses.
Final thoughts for Texans facing the hardest months after a truck crash
No one plans for an 18-wheeler to erase the routine of work, school runs, and weekends at Bonnie Wenk Park. Yet it happens, and when it does, the path forward is equal parts medical recovery and legal strategy. A McKinney injury lawyer with deep trucking experience won’t promise a windfall. We promise a process that respects your recovery while pressing for full compensation the evidence supports. That means early preservation, smart use of FMCSRs, honest evaluation of comparative fault, careful medical documentation, and a willingness to try the case if the offer doesn’t match the harm.
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Thompson Law
Address: 321 N Central Expy STE 305, McKinney, TX 75071
Phone: (214) 390-9737