Plano Truck Accident Attorney
Injured by an 18-wheeler or commercial truck on the Dallas North Tollway, US-75, Sam Rayburn Tollway, or any Plano corridor? Texas law plus the Federal Motor Carrier Safety Regulations (49 CFR Parts 350-399) create multiple layers of carrier liability — driver-qualification files, HOS logs, ELD data, drug testing, and FMCSA safety history all become discoverable. Free consultation, no fee unless we win.
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Plano truck accident law — quick answers
- Statute of limitations? Two years under Tex. Civ. Prac. & Rem. Code §16.003. ELD and HOS data have shorter preservation windows.
- FMCSR overlay? 49 CFR Parts 350-399 add federal duties on top of Texas law.
- Minimum federal liability? $750,000 for general freight under 49 CFR §387.9; $1M+ for hazmat.
- Who can be sued? Driver, motor carrier, truck owner, cargo loader, trailer manufacturer.
- Damages? Medical (§41.0105), lost wages, pain and suffering, impairment, disfigurement; exemplary damages under §41.003 in HOS-falsification or DWI cases.
- Comparative fault? 50% or less under §33.001 — recovery reduced by your fault percentage.
Why Plano truck accident cases need an experienced Texas trial lawyer
A commercial truck crash is not just a bigger car crash. The federal regulatory overlay — the Federal Motor Carrier Safety Regulations under 49 CFR Parts 350-399 — creates duties that have no analog in passenger-vehicle cases. The motor carrier must qualify, test, retain records, supervise hours of service, maintain the equipment, and operate above the federal minimum insurance. Every one of those duties is a separate theory of liability when it was violated.
The data sources also differ. Modern commercial trucks carry Electronic Logging Devices (ELDs) under 49 CFR §395 that record duty status and driving time. The truck's engine control module records pre-impact speed, brake input, and throttle position. Telematics systems often record GPS position, lane-departure events, and forward-collision warnings. Dashcam systems on many fleets record both driver-facing and forward views. All of this evidence is preservable — but only if a spoliation letter goes out fast.
FMCSA's Safety and Fitness Electronic Records (SAFER) database is also publicly searchable. It shows the carrier's safety rating, crash history, inspection history, and out-of-service rates. We pull SAFER data on every commercial defendant within hours of being retained.
Common Plano truck crash patterns
- Rear-end crashes on Dallas N Tollway and US-75. A loaded 18-wheeler cannot stop in the same distance as a passenger vehicle. Drivers who follow too closely (Tex. Transp. Code §545.062) rear-end stopped traffic. The truck's ECM data shows brake application timing.
- Lane-change side-swipes. Truck blind spots ("no-zones") produce side-swipe crashes when a driver merges into a passenger vehicle. The motor carrier's training records on blind-spot awareness become discoverable.
- Wide-turn crashes at Plano intersections. A right-turning truck pinning a vehicle against a curb or signal pole. Driver-training records and route-planning records become evidence.
- Underride crashes. A passenger vehicle slides under the trailer. Trailer-conspicuity tape compliance under 49 CFR §393.13 becomes relevant.
- Rollover crashes. Overloaded or top-heavy trailers rolling on curves. Load-securement records under 49 CFR §393 become discoverable.
- Fatigued-driver crashes. HOS violations under 49 CFR §395 — drivers running over the 11-hour driving limit, the 14-hour duty limit, or the 70-hour 8-day limit. Falsified logs support gross-negligence claims.
Texas and federal truck law — what Plano clients should know
Two-year statute of limitations (§16.003)
Two years from the date of the crash. ELD and electronic-evidence preservation windows are shorter.
Federal minimum liability (49 CFR §387.9)
$750,000 for general freight; $1 million for hazmat in non-bulk; $5 million for bulk hazmat. Many carriers buy higher umbrella coverage on top of the federal minimum.
Driver qualification (49 CFR §391)
Carriers must verify the driver's CDL, medical certification, road test results, employment history, and motor vehicle record. Negligent-hiring claims arise when those duties were skipped.
Hours of Service (49 CFR §395)
11-hour driving limit, 14-hour duty limit, 70-hour 8-day limit. ELDs make falsification harder but not impossible. HOS violations support gross-negligence claims.
Drug and alcohol testing (49 CFR Part 382)
Post-crash drug testing is mandatory after fatal crashes or crashes involving a citation and injury. We subpoena results in formal discovery.
Statutory employer (49 CFR §390.5)
Motor carriers are responsible for drivers operating leased equipment under the carrier's authority — even when the driver was an "independent contractor."
Modified comparative fault (§33.001)
51% bar — you can recover if you were 50% or less at fault. Truck-driver defense routinely argues the passenger-vehicle driver "darted in front" — we counter with reconstruction and ECM data.
Stowers leverage
Commercial-auto policies often carry $1M-$10M in available coverage. When the carrier refuses a reasonable within-limits demand on a catastrophic case, the Texas Stowers doctrine exposes the insurer to excess-judgment liability.
Where Plano truck cases are heard
Collin County District Courts
Collin County Courthouse, 2100 Bloomdale Road, McKinney. The 199th, 219th, 296th, 366th, 380th, 401st, and 416th District Courts handle the civil docket.
Federal court (E.D. Tex., Sherman Division)
U.S. District Court for the Eastern District of Texas, Sherman Division. Diversity jurisdiction under 28 U.S.C. §1332 is common in truck cases where the carrier is headquartered in another state.
Surrounding counties
Dallas County, Denton County, Grayson County (Sherman), Hunt County (Greenville). Venue under Tex. Civ. Prac. & Rem. Code §15.002 is typically where the crash occurred.
MDL coordination
Some catastrophic-truck cases get consolidated into multidistrict litigation. We have appeared in MDL proceedings throughout Texas.
Other Plano injury cases we handle
Common questions from Plano truck accident clients
What is the deadline to file a Plano truck accident lawsuit?
What makes a Plano truck accident different from a car accident?
Who can be sued in a Plano truck accident case?
What evidence is critical in Plano truck cases?
What if the truck driver was an independent contractor?
What damages are available?
Where are Plano truck accident cases heard?
How much does it cost to hire Patterson Law Group?
Hit by a commercial truck in Plano? Talk to a Texas trial lawyer today.
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