Yes. You can bring a civil claim if a truck driver caused your injuries in Texas, even while criminal charges are pending. You can also pursue a claim if prosecutors decline to file charges. The civil case depends on evidence of who caused the crash and what it cost you and your family.
I’m Greg Baumgartner. I’ve handled serious truck accident cases for more than 40 years. When a truck driver is charged after an 18-wheeler crash, I review the police investigation and ask what happened before the truck reached the crash site. That often means looking at the driver’s records and the trucking company’s decisions.
The prosecutor decides whether to bring criminal charges. In the civil case, you seek compensation for losses such as medical bills, lost income, and pain. You may have a claim against the trucking company or another business if the facts support its responsibility for the crash.
An arrest can point investigators toward useful evidence. I still want to know what the video shows, what the witnesses saw, and whether the conduct under investigation contributed to the collision.
In the first days after a crash, I want to find out who has these records and how long they’ll keep them.
Police testing and employer testing can produce separate records. Here’s how post-crash drug and alcohol testing for truck drivers works. Video and electronic records can be overwritten, so I start with the truck crash evidence that can disappear first.
A log may show a driver was off duty when other records show the truck was moving or the driver was still working. I’ve subpoenaed cell phone records to prove violations of driving-time rules. Dispatch messages, fuel receipts, and GPS records can also help reconstruct the driver’s day.
Federal rules prohibit drivers and motor carriers from filing false duty-status reports under 49 C.F.R. § 395.8(e). False logs can also lead to criminal charges. In one federal case, a trucking company and its owner pleaded guilty after drivers were told to keep false logs to hide safety violations. The Justice Department’s logbook case summary describes what happened.
A criminal charge can prompt a closer look at what the driver or company knew before the crash. To recover punitive damages based on gross negligence, Texas law generally requires clear and convincing evidence. That inquiry includes how serious the risk was and whether the defendant knew about it and went ahead anyway. See Texas Civil Practice and Remedies Code §§ 41.001 and 41.003 and our guide to punitive damages after a truck wreck.
Start looking into your civil claim while the criminal case is open. Texas generally gives you two years to file a personal injury lawsuit. The start date and any exceptions depend on the facts, so check your deadline early. See Texas Civil Practice and Remedies Code § 16.003.
If a truck crash seriously injured you or took the life of someone in your family, I can review what happened and help identify which records to preserve. Call (281) 893-0760 or request a free case review.
Call (281) 893-0760 or Toll Free 1-866-758-4529
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