Stephens Law Firm | October 9, 2025 | Personal Injury Law
A spinal cord injury resulting from a collision with an 18-wheeler fundamentally changes your life. Vehicular accidents are a leading cause of new spinal cord injuries, and the sheer force involved in a commercial truck crash makes these outcomes tragically common.
You are now facing a future filled with medical appointments, immense costs, and uncertainty. At the same time, the trucking and insurance companies are beginning their own process, one that is focused on their business interests. This process is designed to protect their financial liability, and it begins almost immediately after the crash.
With the right legal partner at your side, you can hold these companies accountable and secure the compensation needed to rebuild your future.
If you have questions about a spinal cord injury after a truck accident in Texas, call Stephens Law at (817) 420-7000.
Key Takeaways for Spinal Cord Injuries in 18-Wheeler Accidents
- The lifetime cost of a spinal cord injury is astronomical and extends far beyond initial medical bills. A fair settlement must account for future needs like lifelong medical treatment, in-home care, and home modifications.
- Holding a trucking company accountable is a difficult process involving multiple parties. A successful claim requires a thorough investigation into the driver’s actions, the company’s safety practices, and the truck’s maintenance history.
- Texas’s proportionate responsibility law directly impacts your financial recovery. If you are found to be 51% or more at fault for the accident, you are barred from receiving any compensation, a rule insurance companies use to deny or reduce claims.
Why Do Truck Accidents Frequently Result in Severe Spinal Injuries?
The physics of a collision between a massive commercial truck and a much smaller passenger vehicle are unforgiving. A fully loaded 18-wheeler weighs up to 80,000 pounds, while the average car weighs about 4,000 pounds. When these two collide, an incredible amount of destructive force is transferred to the smaller vehicle and its occupants.
This force frequently leads to the most severe types of spinal cord injuries.
The Vulnerability of the Spine
The impact from a large truck causes extreme flexion or extension of the neck and back, leading to catastrophic damage to the vertebrae and the delicate spinal cord they protect.
- Cervical Spine Injuries: The neck is the most mobile and least protected part of the spine, making it highly susceptible to injury. In fact, research shows that a significant portion of traffic-related spinal cord injuries occurs in this cervical region. Damage here leads to tetraplegia.
- Tetraplegia and Paraplegia: These are terms used to describe the extent of paralysis. Tetraplegia (sometimes called quadriplegia) affects both the arms and legs, while paraplegia primarily impacts the lower body.
- Complete vs. Incomplete Injuries: Doctors will also classify the injury as either complete or incomplete. An incomplete injury means some nerve signals may still travel between the brain and the body, allowing for a degree of sensation or movement below the injury site. A complete injury indicates a total loss of motor and sensory function below that point.
What Is the True Lifetime Cost of a Spinal Cord Injury?
The financial impact of a spinal cord injury extends far beyond the initial hospital stay. The costs are staggering and run into the millions of dollars over a person’s lifetime. A comprehensive settlement or verdict prepared by an experienced spinal cord injury lawyer must account for every single one of these anticipated needs.
Let’s break down where these costs come from.
The Tangible and Intangible Price of a Spinal Cord Injury
- Direct Medical Care: This category is immense. It begins with emergency services and complex surgeries like spinal fusions, where vertebrae are surgically joined to stabilize the spine. It continues with lifelong needs for mobility aids like wheelchairs, prescription medications, potential respiratory support from ventilators, and ongoing physician care.
- Long-Term and In-Home Care: Many individuals with significant spinal cord injuries require daily assistance. This might come from skilled nursing professionals or personal care attendants who help with everything from dressing and bathing to managing medical equipment.
- Home and Vehicle Modifications: To regain a measure of independence, your home will likely need significant changes. This includes wheelchair ramps, widened doorways, roll-in showers, and lowered countertops. Your vehicles will also need to be adapted with hand controls or lifts.
- Lost Earning Capacity: A severe spinal injury usually prevents you from returning to your previous job or, in some cases, from working at all. A fair recovery must account for the wages, benefits, and retirement savings you would have earned over the remainder of your career.
- Non-Economic Damages: There are some losses that do not come with a receipt but are deeply felt. The law recognizes these as “non-economic damages.” This is compensation for physical pain, emotional distress, and the loss of enjoyment of life. It acknowledges the impact the injury has on your relationships, hobbies, and ability to participate in life as you once knew it.
You need a financial recovery that provides for all of these future costs, not just the bills piling up today. A quick, low-value settlement from an insurer may not even cover the first few years of necessary care.
Our role is to build a detailed life care plan with economic and medical professionals. This plan projects your needs and their costs over your lifetime, and it becomes the foundation for the full compensation we pursue on your behalf.
How Do You Hold a Trucking Company Accountable?
Proving a trucking company is legally responsible for your spinal cord injuries in an 18-wheeler accident is more difficult than in a standard car crash. Multiple parties and layers of federal and state regulations are almost always involved, and each one represents a potential point of failure.
Here’s how we hold them accountable.
Uncovering the Points of Failure
- The Driver: Was the truck driver acting carelessly? We investigate whether they were fatigued, which is a common issue addressed by federal Hours-of-Service rules designed to keep tired drivers off the road. Were they distracted by a phone, driving under the influence, or speeding?
- The Trucking Company (Vicarious Liability): In many cases, the company’s own practices are a central cause of the crash. Did they pressure drivers to meet unrealistic deadlines, forcing them to violate safety rules? Did they fail to perform adequate background checks or provide proper training? A legal concept known as vicarious liability holds employers responsible for the actions of their employees when they are on the job.
- The Truck Itself (Product Liability): Was there a mechanical failure that contributed to the accident? If a defective tire blew out, the brake system failed, or another component malfunctioned, the part manufacturer could also be held liable under product liability laws.
- Maintenance and Inspection Failures: Commercial trucks are subjected to immense wear and tear and require rigorous upkeep. Both federal regulations and the Texas Transportation Code mandate strict maintenance protocols. We subpoena maintenance logs, inspection records, and repair histories to check for compliance and identify neglected safety issues.
A thorough investigation is the only way to build a strong case. Our firm acts immediately to preserve evidence, such as the truck’s “black box” data recorder, driver logs, and internal company records. We assemble this evidence to demonstrate negligence—a legal term that means someone failed to act with reasonable care, and that failure was the cause of your injury.
How Does Texas Law Affect My Spinal Cord Injury Claim?
While we primarily handle the legal aspects, you should be aware of two laws that will affect your case.
The Two-Year Deadline to File
In Texas, you generally have two years from the date of the accident to file a lawsuit for personal injuries. This is known as the statute of limitations.
While two years might sound like a long time, building a difficult truck accident case involves months of detailed investigation, evidence gathering, and consultation with professionals. We recommend starting the process well before the deadline.
Texas’s Comparative Fault Rule
What happens if the insurance company tries to argue you were partially to blame for the crash? This is a common tactic, and Texas has a specific rule to address it.
The state uses a legal doctrine called “proportionate responsibility,” also known as comparative fault. Here is what that means for you:
- Simply put, your total compensation may be reduced by your assigned percentage of fault.
- Crucially, under the Texas 51% bar rule, if you are found to be 51% or more at fault, you are legally barred from recovering any compensation at all.
Insurance companies are well aware of this rule. They will conduct a thorough investigation looking for any piece of evidence in personal injury case they will use to increase your share of the blame. Our job is to protect you from unfair blame and ensure accountability rests squarely where it belongs.
Frequently Asked Questions About Spinal Cord Injury Truck Accidents
What should I do if the trucking company’s insurer contacts me?
You are not obligated to provide them with a recorded statement, and we strongly advise speaking with a truck accident attorney before doing so. Any statement you make could be interpreted in a way that shifts fault toward you or minimizes the severity of your injuries.
Can I still file a claim if a loved one was killed in the accident?
Yes. In Texas, certain surviving family members (specifically the spouse, children, and parents) may file a wrongful death lawsuit to seek compensation. This type of claim is intended to cover losses such as lost financial support, emotional anguish, and loss of companionship. The statute of limitations for wrongful death is also two years from the date of death.
What happens if the truck driver was an independent contractor, not an employee?
This is a frequent tactic some trucking companies use to try and distance themselves from liability. However, even if the driver is classified as an independent contractor, the company is usually still held responsible. We work to show that the company exerted significant control over the driver’s work or was negligent in hiring a safe and qualified contractor in the first place.
How will my health insurance and disability benefits affect my case?
This issue involves a legal concept called “subrogation.” In simple terms, it means your health insurer may have a right to be reimbursed for the medical bills they paid on your behalf out of any settlement you receive. We handle these negotiations as part of your case to help maximize the amount of compensation that ultimately goes to you and your family.
What kind of long-term protections does the law provide for someone with a spinal cord injury?
The Americans with Disabilities Act (ADA) is a federal civil rights law that protects individuals with disabilities from discrimination. Title II of the ADA specifically applies to state and local governments, ensuring equal access to public services, programs, and transportation. This law is a tool for ensuring you have the access and opportunities you need to participate in your community.
Your Focus Is Healing. Ours Is Holding Them Accountable.
The law is designed to provide a path to financial recovery, and our firm has years of experience handling these specific and difficult cases. We understand the medicine, the regulations, and the strategies trucking companies use.
You do not have to do this alone. The first step is a simple conversation about what happened. We will listen to your story and give you a straightforward assessment of your legal options.
Call Stephens Law today at (817) 420-7000.
