Accidents are an unfortunate reality in the trucking industry. In 2024, there were 18,233 crashes involving large trucks in Texas, according to the Federal Motor Carrier Safety Administration (FMCSA). In the wake of an accident, a trucking company may face negligence claims. By mounting a well-thought-out response in the immediate aftermath of a crash, and adhering to all applicable federal and state regulations, Texas trucking companies can help set themselves up for a successful defense.
Create a 24/7 Accident Response Plan
Accidents happen when you least expect them. It is therefore critical that Texas trucking companies have a detailed 24/7 accident response plan in place, and that they train their drivers and other employees on the proper procedures to follow. The plan should include the name and contact information of who at the company should be notified immediately after an accident, and who should be dispatched to the scene to handle the investigation – which may vary based on the details of the accident. The initial contact person should collect as much information as possible, including whether there are injuries or fatalities, location and type of roadway, number of vehicles involved, property damage, cargo information, roadway conditions, oral statements by the driver, and which law enforcement agencies are investigating the accident.
The trucking company’s attorney or a field adjuster should be directed to perform an investigation at the scene. The investigation should include collecting names and contact information of all individuals involved in the crash as well as any witnesses, law enforcement and investigating officers, the wrecker service and its employees, the ambulance service, and any other parties at the scene. Your investigator should interview officials at the scene to determine if citations will be issued to your driver or other drivers involved.
The trucking company’s attorney or a field adjuster should also photograph the vehicles involved in the accident and the accident scene, including any debris, if the photographs can be taken safely. Photos should be taken to document the condition of each vehicle as thoroughly as possible.
Protect the Driver
By the time your investigators arrive on the scene, your driver will likely have discussed the accident with law enforcement and possibly other parties. Unfortunately, statements made by drivers right after a crash can be distorted by confusion or guilt, but they are often relied upon more heavily than later statements because they are made while memories are fresh. As things drivers say can later be used against them and/or the trucking company, drivers should be instructed not to make statements to anyone except for law enforcement.
Your field adjuster or attorney should coordinate the alcohol and drug testing required under federal trucking regulations. If criminal charges are contemplated, the driver’s rights must be protected, and criminal counsel should be consulted as soon as possible.
After they arrive, your attorney or field adjuster should be present for any statements given by the driver, and they should find out the content of the statements the driver made prior to their arrival. If applicable, grief counseling and retraining should be provided to the driver before returning to service.
Gather and Keep Evidence
Evidence from the scene of the crash should be collected and kept to recreate what happened. Your investigator should detail and take photos of skid marks, damage to the vehicles involved or other property, any debris from the accident, and weather/road conditions. Data from the vehicle’s electronic control module (ECM) or “black box” must be downloaded and kept as well. Black boxes in many trucks reset once the truck is restarted; in those cases, the truck must be towed rather than driven off the road and then secured until the ECM data can be downloaded and copies made. Likewise, your investigator may take 3D scans of the vehicles and the accident scene to preserve evidence of their conditions immediately after the accident. Your investigator should coordinate with any law enforcement agencies to complete these efforts as soon as it can be done safely and in a manner that does not interfere with law enforcement.
Investigators should also obtain copies of the police report and other documents related to the investigation, such as Department of Transportation (DOT) vehicle inspection reports; any citations issued; and final and supplemental accident reports. Photos or videos taken by the authorities, news agencies, or others can also be helpful to the investigation and should be obtained.
Comply with Regulations and Protect Documents
Trucking companies owe a duty of care to everyone on the road to follow all applicable laws and operate their vehicles safely. If the trucking company breaches this duty of care, and it causes harm to another party, the trucking company can be found liable for negligence. Trucking companies can help protect themselves by complying with all applicable state and federal regulations, and creating and keeping detailed, accurate records that demonstrate their compliance with the law.
Trucking companies’ responsibilities include ensuring drivers adhere to hours of service laws, obey speed limits and other rules of the road, and have the proper licensing and training. They are also required to carefully screen drivers before hiring them and to perform pre-employment drug testing, random drug and alcohol testing, and testing upon suspicion of impairment. Also, you should test any driver for alcohol and controlled substances after an accident involving loss of human life, or where your driver was issued a citation and the accident involved serious injury requiring treatment away from the accident scene, or disabling damage to one or more of the vehicles involved in the accident. Trucking companies must also properly maintain their vehicles and have them inspected regularly, as well as ensure that all parts and accessories are in proper working order. Further, trucking companies must meet specified minimum insurance requirements.
After an accident, it will be important to take active steps to ensure that the driver’s entire Driver Qualification File; the driver’s Hours of Services logs for the 6 months preceding the accident; vehicle inspection and maintenance documentation for the 3 months preceding the accident; and any vehicle GPS and other telematics data for the 6 months preceding the accident be kept safe and available to show that the trucking company complied with the law. This may require the trucking company to keep these records beyond the minimum retention timeframes required under Federal law when an accident has happened.
The transportation and trucking attorneys at Pappas Grubbs Price PC represent trucking and transportation companies in all aspects of transportation-related litigation. Our 24/7 emergency response team, which consists of attorneys, investigators, and accident reconstruction experts, is available for nationwide on-the-scene response immediately after an incident. To speak to a trucking and transportation attorney, contact Pappas Grubbs Price.
