reports1@rankings.io | October 9, 2025 | Uncategorized
A severe traumatic brain injury from a semi-truck crash rewrites every aspect of life for a victim and their family.
These cases involve complicated federal and state regulations, powerful corporate defendants, and catastrophic damages that require lifetime planning. While the road is difficult, Texas law provides a way to hold negligent parties accountable and secure the financial resources necessary for medical care, rehabilitation, and long-term stability.
At Stephens Law, we manage these difficult claims, focusing on building a case that reflects the true and total impact on your family. If you have a question about a semi-truck crash that caused a severe brain injury, call us at (817) 420-7000.
Key Takeaways for Texas Semi-Truck TBI Claims
- Damages must be calculated for a lifetime of care. A severe TBI requires projecting future medical costs, lost earning ability, and rehabilitation needs, which often amount to millions of dollars.
- Multiple parties may be liable, not just the driver. Investigations frequently uncover negligence by the trucking company for improper hiring, the maintenance provider for mechanical failures, or the cargo loader for unsecured freight.
- Do not accept an early settlement offer from an insurer. Initial offers rarely cover the full, long-term costs of a severe brain injury, and accepting one prevents you from seeking further compensation.
Why Does a Semi-Truck Collision Cause Such Devastating Brain Injuries?
A Massive Difference in Weight
A fully loaded semi-truck legally weighs up to 80,000 pounds, while the average passenger car weighs around 4,000 pounds. When these two forces collide, the smaller vehicle and its occupants absorb a disproportionate amount of the energy. This violent transfer of force is what causes the brain to strike the inside of the skull, leading to a severe TBI.
Unique Crash Dynamics
Semi-truck accidents involve specific events that increase the risk of a severe TBI:
- Underride Collisions: This happens when a car slides underneath the trailer of the truck. The top of the car is sheared off, leading to direct, catastrophic impact to the head and upper body.
- Rollovers: The height and high center of gravity of large trucks make them prone to rollovers, which involve multiple impacts from different directions, compounding the injury to the brain.
- High-Speed Impacts: The majority of fatal large truck crashes happen in rural areas or on interstates, where speeds are higher. Higher speeds generate more force, which directly translates to a more severe brain injury.
We work with accident reconstructionists to demonstrate exactly how the forces of the crash led directly to the specific brain injury your loved one suffered.
What Does a “Severe TBI” Really Mean for Your Family’s Future?
A doctor may have given you a medical diagnosis, but no clinical term captures the daily reality of caring for someone with a severe TBI. Anyone with a severe TBI will inevitably face many lifelong challenges, such as:
- Lifetime Medical Needs: A severe TBI requires a team of medical providers, potentially for the rest of the person’s life. This includes neurologists, physiatrists, occupational therapists, speech therapists, and neuropsychologists. The costs for surgeries, ongoing therapies, medications, and adaptive equipment run into the millions of dollars over a lifetime.
- The Loss of Earning Capacity: If the injured person was a primary earner, the financial blow is immediate. A severe TBI permanently prevents a return to their previous career, or any work at all. According to the CDC, 55% of individuals with a moderate to severe TBI are jobless five years after their injury, despite being employed beforehand.
- Changes in Personality and Relationships: This is one of the hardest aspects for families to discuss. A TBI alters a person’s personality, memory, and emotional regulation. The person you knew may be changed, which puts an immense strain on spouses, children, and caregivers. The emotional toll of this is a real, tangible loss.
- The Need for Daily Care: A person with a severe TBI may need help with basic daily activities, such as getting dressed and managing their schedule. This care is usually provided by a family member, who may have to quit their own job to become a full-time caregiver. Five years post-injury, 33% of TBI survivors still rely on others for help with everyday tasks.
When we build a case, we work with life care planners and economists to project these costs over a lifetime and secure a future.
Who Is Held Responsible When a Commercial Truck Causes a Brain Injury?
After a crash, it might seem obvious that the truck driver is at fault. In many cases, they are. But in commercial trucking litigation, the driver is typically just one piece of the puzzle. We conduct a thorough investigation to identify every party whose negligence contributed to the crash.
This is a legal concept known as vicarious liability, which holds an employer responsible for the actions of their employee if the actions occurred within the scope of employment.
Potentially responsible parties may include:
The Trucking Company (Motor Carrier)
Their responsibility goes far beyond just hiring a driver. We investigate if they violated the Federal Motor Carrier Safety Regulations (FMCSRs) by:
- Negligent Hiring: Did they hire a driver with a known history of reckless driving or a disqualifying medical condition?
- Improper Training: Did they fail to properly train the driver on safety procedures or the specific vehicle they were operating?
- Pressuring Drivers to Violate Hours-of-Service Rules: Did the company encourage or turn a blind eye to drivers falsifying their logbooks to drive longer than legally allowed, leading to fatigue?
The Maintenance Provider
If the crash was caused by a mechanical failure, such as faulty brakes or a tire blowout, the third-party company responsible for inspecting and maintaining the truck could be held liable.
The Cargo Shipper or Loader
If the truck’s cargo was improperly loaded or secured, it shifts during transit and causes the driver to lose control. The company that loaded the freight may share in the responsibility.
The Truck Manufacturer
In some cases, a defect in the truck or one of its parts may have caused or contributed to the collision.
Calculating the True Cost: Securing a Lifetime of Care
An insurance adjuster for the trucking company may contact you soon after the crash. They may even offer what seems like a large sum of money. Their business model, however, relies on settling claims for the lowest amount possible. Accepting an early offer is almost always a mistake, because it will not account for the full lifetime cost of a severe brain injury.
Under Texas law, you are entitled to pursue compensation, legally known as damages, for a wide range of losses. Our goal is to build a case that documents the full extent of these damages, including:
Economic Damages (Tangible Financial Losses):
- All Medical Bills: This includes everything from the initial hospitalization and surgeries to future rehabilitation, in-home nursing care, medications, and medical devices.
- Lost Earning Capacity: This is not just lost wages to date. We work with vocational experts to calculate the total income the person would have earned over their lifetime had the crash not occurred.
- Home Modifications: If the injured person requires a wheelchair or other mobility aids, we factor in the cost of things like ramps, wider doorways, and accessible bathrooms.
Non-Economic Damages (Intangible Losses):
- Pain and Suffering: This compensates for the physical pain and emotional distress resulting from the injury.
- Mental Anguish: This addresses the psychological impact, such as depression, anxiety, or post-traumatic stress.
- Physical Impairment: This provides compensation for the loss of ability to participate in activities and enjoy life as they once did.
- Loss of Consortium: This is a claim for the uninjured spouse, compensating them for the loss of companionship, support, and intimacy.
The insurance company may argue that you or your loved one were partially at fault to reduce the amount they have to pay. Texas uses a legal rule called comparative fault. This means that as long as you are found to be 50% or less at fault, you are still able to recover damages, though the amount will be reduced by your percentage of fault.
If you are found 51% or more responsible, you are barred from recovering any compensation. Our role is to use evidence to keep them accountable and ensure no amount of blame is unjustly put on you.
The Legal Process in Texas: What to Expect When Filing a Claim
- Investigation and Evidence Preservation: The first step is to immediately investigate the crash. This involves sending letters to the trucking company to preserve evidence like the driver’s logbooks, vehicle maintenance records, and the truck’s “black box” data recorder.
- Building Your Damages Case: While the liability investigation is ongoing, we begin documenting the full extent of the TBI. We gather medical records, consult with your doctors, and hire the necessary experts, like life care planners, to create a comprehensive report on future needs.
- Filing the Lawsuit: In Texas, you generally have two years from the date of the crash to file a personal injury lawsuit. This is known as the statute of limitations. While some exceptions exist, take this deadline seriously.
- The Discovery Phase: Once a lawsuit is filed, both sides formally exchange information. This is where we take depositions (sworn testimony) from the truck driver, company safety director, and other key witnesses. It is a methodical process of gathering the facts needed to prove your case.
- Settlement Negotiations or Trial: Most cases are resolved through a settlement. However, if the trucking company and its insurer refuse to offer fair compensation that covers the full lifetime of care, we are prepared to present your case to a jury.
Frequently Asked Questions About Severe TBI Truck Accident Claims
How much does it cost to hire your firm?
We handle severe TBI cases on a contingency fee basis. This means you pay us nothing upfront. We are only paid if we successfully recover compensation for you, and our fee is a percentage of that recovery.
The trucking company’s insurance already offered a settlement. Should I take it?
Do not accept an early offer without speaking to a traumatic brain injury lawyer. Initial offers rarely account for the long-term medical and financial needs associated with a severe TBI. Signing their release would prevent you from ever seeking more money, even if the medical costs turn out to be far higher than anticipated.
The truck driver was an “independent contractor.” Can the trucking company still be held liable?
In some cases, yes. Trucking companies sometimes misclassify their drivers as independent contractors to try to avoid liability. We investigate the actual relationship between the driver and the company. If the company exerted significant control over the driver’s work, they may still be held responsible under Texas law.
How long will my case take?
Difficult cases involving severe TBIs take several years to resolve. The process involves extensive investigation, hiring multiple experts, and navigating the court system. While we work to move the case forward efficiently, our priority is ensuring we build the strongest possible case to secure the full value, not a quick settlement.
What if my loved one does not remember the crash?
This is very common with traumatic brain injuries. It does not prevent you from having a strong case. We use other evidence, such as the police report, witness statements, electronic data from the truck, and accident reconstruction experts, to prove what happened.
A Severe TBI Case Is a Fight for the Future
When your family is facing a future shaped by a severe TBI due to truck accident, you are planning for a lifetime of new challenges. The legal process focuses on securing the resources your family needs to meet those challenges head-on, ensuring your loved one has the highest quality of care and life possible.
Let us handle the legal process so you can focus on what matters most: your family. If you are ready to discuss the next steps, call Stephens Law for a straightforward conversation about your situation.
Your first call is confidential and comes with no obligation. Contact us today at (817) 420-7000.
