956-923-4472
The roads connecting McAllen and Austin, from the busy Interstate 35 corridor to the industrial areas along Highway 281, are vital to Texas commerce. But the high volume of commercial traffic also brings a devastating risk. Texas consistently leads the nation in fatal crashes involving large commercial motor vehicles. According to the Texas Department of Transportation (TxDOT), there were 430 fatal crashes involving truck-tractors or semi-trailers in 2024.
When a family loses a loved one in a collision with an 18-wheeler, the path forward feels impossible. Understanding the common causes of fatal truck accidents and the legal remedies available to families is the first step toward seeking the accountability and support necessary for the future.
Why Fatal Truck Accidents Occur on Texas Roadways
Commercial trucks can weigh up to 80,000 pounds when fully loaded. This massive weight means that even a minor lapse in judgment or a mechanical failure can turn a standard traffic incident into a fatal tragedy. In my experience serving families in South and Central Texas, I have observed several recurring factors that contribute to these life-altering events.
Driver Fatigue and Hours-of-Service Violations
Trucking is a demanding profession, but federal and state laws strictly limit the amount of time a driver can remain behind the wheel. When companies prioritize delivery deadlines over safety, drivers may push past their limits. Fatigue slows reaction times and can be just as dangerous as driving under the influence.
Equipment Failure and Maintenance Neglect
Brake failures, tire blowouts, and steering issues are common contributors to fatal wrecks. Trucking companies have a legal duty to inspect and maintain their fleets. If a company skips these inspections to keep a truck on the road, it puts every other driver at risk.
Speeding and Aggressive Driving
Because trucks require much longer distances to stop than passenger cars, speeding is particularly lethal. TxDOT data indicates that speeding remains a top contributing factor in fatal crashes across the state. In heavy traffic areas like McAllen or Austin, an 18-wheeler traveling too fast often cannot avoid a collision when traffic suddenly comes to a stop.
Texas Wrongful Death Laws: Who Can Seek Justice?
When a fatal accident occurs, the Texas Civil Practice and Remedies Code Chapter 71 governs how a family can take legal action, which is known as the Texas Wrongful Death Act. Unlike some other states, Texas law is very specific about which family members are eligible to file a lawsuit and seek damages.
Under Texas Civil Practice and Remedies Code § 71.004, only the following individuals may bring a wrongful death action:
- The surviving spouse
- The children of the deceased (including adult children and adopted children)
- The parents of the deceased
Siblings, grandparents, and unmarried partners do not have the legal standing to file a wrongful death claim in Texas. If the eligible family members do not file a claim within three calendar months of the death, the executor or administrator of the deceased person’s estate must file the claim instead, unless all the eligible family members specifically ask them not to.
Types of Legal Remedies Available to Families
Texas law provides two distinct pathways for families to seek financial recovery: a wrongful death claim and a survival action. While they are often filed together, they serve different purposes.
The Wrongful Death Claim
This claim focuses on the losses suffered by the surviving family members. I help families seek compensation for:
- Pecuniary Loss: This includes the loss of the deceased person’s earning capacity, advice, and counsel.
- Loss of Companionship and Society: This addresses the emotional loss of the relationship and the hole left in the family unit.
- Mental Anguish: This compensates for the emotional pain and torment caused by the sudden death.
- Loss of Inheritance: This covers the value that the deceased person would have likely added to an estate and passed on to their heirs had they lived a normal life span.
The Survival Action
Under Texas Civil Practice and Remedies Code § 71.021, a survival action is essentially the personal injury claim the deceased person would have been able to file if they had survived. The recovery from this action goes to the deceased person’s estate for the benefit of heirs. It typically covers medical expenses incurred before death and the physical pain and mental anguish the person suffered in their final moments.
Taking the Next Step Toward Justice
Losing a loved one is a heavy burden, and the legal process should not add to that weight. At the Ruy Mireles Law Firm, I provide the personal attention and local knowledge needed to handle complex trucking cases in McAllen and Austin. I take a limited number of cases so that I can focus deeply on each family I represent, ensuring your voice is heard, and those responsible are held accountable.
If you have lost a family member in a truck accident, I am here to help you understand your options and your rights under Texas law. You can reach me in Austin at 512-817-0223 or in McAllen at 956-923-4472.
