Texas highways witness thousands of devastating truck crashes each year, with 32,562 commercial motor vehicle accidents occurring in 2020 alone, resulting in 581 deaths and 1,245 suspected serious injuries. Unfortunately, the Permian Basin region—including Midland—represents a particularly dangerous area for these collisions, with five counties recording 734 commercial vehicle accidents that resulted in 28 deaths and numerous injuries.
Unlike typical car accidents where responsibility usually falls on a single driver, truck accident claims involve multiple potential parties—from the driver to the trucking company and even shipping partners. Following such a traumatic event, victims often feel overwhelmed when dealing with insurance companies and determining liability. This comprehensive guide from experienced midland truck accident lawyers outlines crucial steps to take after a collision, common causes specific to the Midland area, and how a qualified midland trucking accident attorneys can help navigate the complex legal landscape toward fair compensation.
What to Do Immediately After a Truck Accident
The moments after a truck collision can be chaotic and overwhelming. Taking proper actions during this critical time can significantly impact both your physical recovery and legal case outcome. Here’s what midland truck accident attorneys recommend you do immediately after a crash.
Call 911 and report the crash
Contacting emergency services should be your first priority after any truck accident. Texas law mandates reporting accidents involving commercial vehicles, regardless of the apparent severity. First responders will secure the scene, redirect traffic, and document crucial details through an official police report. This report serves as vital evidence for your insurance claim and potential legal case. Additionally, emergency medical services can quickly assess and treat injuries that might otherwise worsen without prompt attention.
Seek medical attention even if injuries seem minor
Even if you feel relatively unharmed, medical evaluation is essential after a truck accident. Adrenaline often masks pain, while serious conditions like internal bleeding or traumatic brain injuries may not immediately show symptoms. Medical professionals can identify these hidden injuries before they become life-threatening. Furthermore, seeking immediate care establishes a clear link between the accident and your injuries—a crucial element for your compensation claim. Remember that some jurisdictions have specific timeframes for seeking medical care to qualify for benefits.
Document the scene with photos and witness info
Assuming you’re physically able, thoroughly document the accident scene. Use your smartphone to capture multiple angles of vehicle damage, skid marks, road conditions, traffic signs, and weather conditions. Collect the truck driver’s name, license number, insurance information, and the trucking company’s details. Be sure to note any USDOT numbers visible on the truck. Moreover, approach witnesses while their memories are fresh, recording their contact information and brief statements about what they observed.
Avoid admitting fault or making statements to insurers
Be extremely cautious about what you say after a truck accident. Simple phrases like “I’m sorry” can be interpreted as an admission of guilt. In Texas, as long as you’re not more than 50% responsible for the accident, you may still recover damages. Therefore, stick strictly to exchanging necessary information and observable facts. Most importantly, avoid giving recorded statements to insurance adjusters or signing any documents before consulting with a midland truck accident lawyer.
Understanding the Common Causes of Truck Accidents in Midland
Midland’s unique position as an oil industry hub creates distinct risk factors for commercial vehicle crashes. Understanding these common causes can help drivers stay vigilant and provide context for accident victims seeking legal recourse.
Distracted or fatigued driving
Distraction behind the wheel claims thousands of lives annually, with 3,275 fatalities attributed to distracted driving in 2023. For truck drivers traversing Midland’s highways, distractions range from cell phones to navigation systems. In fact, 70% of fleet companies report being affected by distracted driving incidents, with cell phone use identified as the primary contributing factor. Equally dangerous is driver fatigue, especially prevalent in Midland’s oil industry where truckers often work 15 to 20-hour days for weeks at a time. Studies show that being awake for 24 hours impairs driving ability comparable to having a blood alcohol content of 0.10%.
Poor weather and road conditions
Although Midland enjoys sunny weather most of the year, unexpected rain, fog, or high winds can create hazardous driving conditions. Commercial trucks require significantly more stopping distance than passenger vehicles, making slippery roads particularly dangerous. Excessive speed during adverse weather conditions substantially increases the risk of jackknifing incidents and rollovers.
Inexperienced or undertrained drivers
A chronic shortage of qualified truck drivers has led many companies to hire inexperienced operators. Research demonstrates that a driver’s first year behind the wheel of a commercial vehicle is consistently the riskiest, regardless of age. Novice truckers often lack the necessary skills to properly assess potential hazards, manage stopping distances, or safely navigate sharp curves.
Speeding and traffic congestion
Speeding remains a persistent danger, contributing to 29% of all traffic fatalities in 2023. For heavy commercial vehicles, excessive speed drastically increases stopping distances and collision forces. Midland County has seen a significant increase in truck-related accidents, with speeding cited as one of the primary factors.
Oilfield-related truck traffic on rural roads
The rural roads surrounding Midland weren’t designed to handle the heavy truck traffic accompanying the oil boom. U.S. Route 285, dubbed “Death Highway” by locals, now carries over 10,000 trucks daily serving the oilfields. These narrow, often poorly maintained roads create particularly hazardous conditions as massive tankers and equipment transporters navigate through unstable terrain.
Injuries You May Face After a Truck Crash
Truck collisions result in far more devastating injuries than typical car accidents due to the immense size and force involved. As a result, victims often face lengthy recovery periods and substantial medical expenses.
Spinal cord and brain injuries
Commercial truck crashes frequently cause traumatic brain injuries ranging from concussions to severe brain damage. These injuries can lead to cognitive issues, memory loss, and permanent disabilities. Similarly, spinal cord damage may result in partial or complete paralysis, with approximately 40% of the yearly 17,000 spinal cord injuries caused by vehicle accidents. Depending on the injury location, victims may experience loss of function from the point of injury downward.
Burns and lacerations
Fast-spreading fires often develop in truck accidents when gas tanks rupture or fuel leaks occur. Burns are commonly classified in four degrees, with third and fourth-degree burns destroying multiple skin layers and potentially damaging nerves, muscles, and bones. Additionally, lacerations from shattered glass and twisted metal can cause significant blood loss, infections, or permanent disfigurement.
Broken bones and internal injuries
The violent impact of truck collisions frequently causes bone fractures throughout the body. Comminuted fractures (where bones break into multiple pieces) and compound fractures (where bones pierce the skin) are common. Likewise, internal injuries such as organ damage to the liver, spleen, kidneys, and lungs may not be immediately apparent but can quickly become life-threatening.
Emotional trauma and PTSD
Beyond physical injuries, many truck accident survivors develop post-traumatic stress disorder. Various triggers may cause intense flashbacks, nightmares, or involuntary memories of the trauma. Victims might experience depression, panic attacks, sleep disturbances, and problems with focus that disrupt work performance and personal relationships.
Who Can Be Held Liable in a Texas Truck Accident?
Unlike many accidents, determining liability in truck crashes often involves multiple parties. Texas operates under an at-fault system where any person or entity causing a crash through careless acts can be held responsible for damages.
Truck driver negligence
Drivers bear direct responsibility when engaging in negligent behaviors. This includes speeding, drug or alcohol impairment, distracted driving, or operating while fatigued. Commercial drivers must also follow Federal Motor Carrier Safety Administration regulations, including hours-of-service limits that prevent excessive driving without adequate rest. Failure to check blind spots, improper lane changes, or ignoring traffic signals also constitute negligence.
Trucking company or oilfield operator
Trucking companies may face liability through several avenues. Under vicarious liability, employers are responsible for driver actions within employment scope. Companies can also be directly liable for negligent hiring of unqualified drivers, inadequate training, poor supervision, or maintenance failures. Furthermore, oilfield operators who pressure drivers to violate safety regulations or set unrealistic schedules bear responsibility for resulting accidents.
Vehicle manufacturer defects
When accidents result from equipment failure, manufacturers may be liable under product liability law. Defective brakes, tires, steering systems, or electronic components that malfunction can lead to devastating crashes. Maintenance providers who improperly service vehicles may also share liability.
Shared fault under Texas comparative negligence law
Texas follows modified comparative negligence with a 51% bar rule. Consequently, victims can recover damages only if they are 50% or less responsible for the accident. However, compensation decreases proportionally to the victim’s fault percentage. Insurance companies often attempt to shift blame to reduce payouts, making proper evidence collection critical.
Conclusion
Truck accidents in Midland present complex challenges that extend far beyond ordinary vehicle collisions. The catastrophic injuries, multifaceted liability issues, and legal intricacies demand careful attention from victims seeking fair compensation. During these difficult times, understanding your rights becomes essential for protecting your future.
After a truck crash, taking appropriate steps significantly impacts your recovery journey. Calling 911, seeking immediate medical care, documenting evidence, and avoiding hasty statements all work together to build a solid foundation for your claim. Still, the unique dangers of Midland’s roads—particularly those serving the oil industry—create specialized risk factors that require expert analysis.
The severe injuries resulting from these accidents often lead to overwhelming medical expenses and prolonged recovery periods. Spinal injuries, traumatic brain damage, severe burns, and psychological trauma can permanently alter a victim’s life trajectory. Therefore, identifying all responsible parties becomes crucial for securing adequate compensation.
Unlike typical accidents, truck crashes frequently involve multiple liable entities. The truck driver might bear responsibility through negligent actions, while the trucking company could face liability for improper training or maintenance failures. Additionally, vehicle manufacturers and even oilfield operators might share fault under certain circumstances.
Texas comparative negligence laws further complicate these cases, allowing recovery only when the victim’s responsibility remains at 50% or below. Unfortunately, insurance companies frequently attempt to shift blame onto victims, making professional legal representation particularly valuable.
Experienced Midland truck accident attorneys understand these complexities and can effectively navigate the challenging legal landscape. They work diligently to investigate accidents, identify all liable parties, calculate appropriate damages, and negotiate with powerful insurance companies. Though no legal action can completely erase the trauma of a serious truck accident, knowledgeable legal guidance certainly helps victims rebuild their lives and secure the compensation they rightfully deserve.