Vehicle collisions that involve 18-wheelers and Big Rigs can be much more serious and harmful than other vehicle collisions and crashes. A typical passenger car weighs just at 5,000 pounds. A commercial motor vehicle or 18-wheeler can weigh anywhere between 10,000 – 80,000 pounds.

However, the laws applicable to the operation and maintenance of tractor-trailers or commercial motor vehicles have been developed to protect other members of the roadway. Generally, most operators are in compliance with the applicable laws. However, there are interchanging and sometimes overlapping laws between federal and state statutes that can make defense of claims arising from trucking claims substantively more difficult than traditional commercial or personal vehicle claims.

Laws governing Commercial Motor Vechiles, 18-wheeler and Big Rigs:

18-wheeler or Big Rigs are subject to stricter laws and regulations that govern how they are allowed to operate and drive on public roadways. Both the federal and state governments created rules that were specifically drafted and enforced with the intent to protect the public.

Therefore, these laws and regulations apply to both the companies that operate commercial vehicles and their drivers. You can find these laws online published through the Federal Motor Carrier Safety Administration. In Texas, you can find information through the Texas Department of Public Safety.

These laws are often complex and can often lead to confusion as to whether a company is in compliance with the laws.

---

Some scenarios or incidents that can result in injury involving 18-wheelers:

1. Dangerous Driving – texting or being distracted
2. Driving under the influence of substances.
3. Driving under an altered states of mind – including fatigued driving
4. Cargo weight or balance – where the cargo the truck is hauling is potentially too heavy, or off balance
5. Permitted Loads or Cargo – where a truck may be hauling dangerous cargo that requires special permits
6. Speeding or other violations of federal or state transportation codes
7. Failures in truck or tractor/trailer maintenance – like brake failure, tire issues or tire blowouts

The legal framework related to claims involving 18-wheeler or commercial vehicles is complex. The parties often include the drivers, companies or owners, insurance agencies, and different police or reporting agencies. The potential liabilities affecting all parties involved in a claim involving a commercial motor vehicle are complex. However, sometimes there are

Alleged incidents or scenarios that do not result in injury involving an 18-wheeler:

• Use of GPS Navigation
• Driving or operation by a driver on a new route or a previously undriven route
• Having a ride-along companion or training a new driver
• Slight rain or other slight weather condition
• No utilization of dash cam or smart driving assisted technology
• Many other factors

The attorneys at Thomson Dunkel have tried cases invovling an 18-wheeler to a jury and are familiar with the facts, factors, and elements than give rise to potential liability, and the factors that do not. See Thomson Dunkel Attorney’s cases involving 18-wheeler and commerical motor vehicles:

1.  201776860 – CHERAMIE, TRACY vs. HOTCHKISS DISPOSAL SERVICES L P; 11th Judicial District Court of Harris County, Texas
2. 201904105 – BENITEZ, MARGARITA vs. XTRA LEASE LLC; 129th Judicial District Court of Harris County, Texas
3. 201958134 – SMITH, SHARON vs. HARSH, NATHAN DAVID; 295th Judicial District Court of Harris County, Texas
4. 201781513 – CAPPS, ASHLEY vs. PETROLEUM SOLUTIONS INC; 133rd Judicial District Court of Harris County, Texas
5. 201529414 – SCHMITT, PAMELA vs. MCKELVEY, ROBERT DENNIS; 281st Judicial District Court of Harris County, Texas
   • Charles and Ashley tried this case to a jury verdict, whereby the Plaintiff sought over $2MM in damages and the jury returned just under $15,000.00.

---

We will advocate for you.

The attorneys at Thomson Dunkel are familiar with the legal framework of liabilities of truck drivers and trucking companies and insurance companies. We have tried cases to juries defending trucking companies and thier drivers.

Here at Thomson Dunkel, we have handled cases similar if not identical to some of the scenarios described above. We invite you to take a minute and share your experience with us. Let us know what you are going through. Maybe we can assist and help you through a potential rough ordeal. Whether it is at Thomson Dunkel or another attorney, let a skilled attorney guide you through this process. Contact Thomson Dunkel and lets see if we can help.