Marshall truck wrecks happen on US-59, the north-south freight route that carries timber, petrochemical, and general loads through Harrison County, on US-80 where it cuts east-west through downtown Marshall, and at the merge where US-59 feeds the I-20 interchange south of town. The people hurt in them are taken to CHRISTUS Good Shepherd Medical Center in Marshall on South Washington Avenue. The Marshall Police Department writes the report inside the city, and the Harrison County Sheriff’s Office writes it on the county roads. A Harrison County truck suit is filed with the Harrison County District Clerk at 200 West Houston Street and heard in the 71st District Court in the same courthouse, or in the Eastern District of Texas, Marshall Division, at 100 East Houston Street when the carrier is from out of state. Trey Morris Injury Lawyers reads the carrier name off the truck door, sends the preservation letter, and pulls the crash report.
The law that governs the claim is Texas law, and it is the same in Harrison County as in every other county. A Marshall truck crash is a two-year filing under Texas CPRC Section 16.003(a), and a claimant whose share exceeds 50% under Texas CPRC Chapter 33 recovers nothing. Trey Morris Injury Lawyers treats US-59 and US-80 18-wheeler wrecks as a different claim from a car accident and sends a preservation demand that covers the truck’s ECM data.
Big Truck Accidents on US-59 and US-80 in Marshall
US-59 is the primary north-south commercial freight corridor through Marshall. It connects Longview to the north and Center to the south. Timber loads, petrochemical shipments, and general freight move through Harrison County on this highway every day. US-80 cuts east-west through downtown Marshall, running from Shreveport toward Dallas. Regional carriers use it constantly.
Near Marshall, US-59 feeds traffic toward the I-20 interchange. That merge point creates high-speed conflict between commercial trucks and passenger vehicles. A loaded 18-wheeler traveling at highway speed requires approximately 525 feet to stop under ideal conditions. The physics of these crashes are different from standard vehicle accidents.
Harrison County sits at the intersection of multiple freight routes. East Texas timber, agriculture, and petrochemical industries keep commercial truck volume high year-round. According to the FMCSA, large truck crashes are more lethal per mile traveled than passenger vehicle crashes. The weight disparity between an 80,000-pound loaded semi and a passenger car explains why. Learn more about injury claims in Marshall.
Federal Trucking Regulations and How Violations Become Evidence
FMCSA
Federal Motor Carrier Safety Administration. The federal agency that sets safety standards for commercial vehicles, regulates hours of service, and enforces driver qualification rules for all interstate carriers.
The FMCSA regulates every interstate commercial carrier. When a driver or company violates federal regulations, that violation is admissible evidence of negligence in Texas courts. This is called negligence per se. You do not have to prove the general standard of care was breached for that specific act. The violation IS the breach.
HOS
Hours of Service. Federal rules under 49 CFR Part 395 limiting commercial drivers to 11 driving hours within a 14-hour on-duty window, with a mandatory 30-minute break after 8 hours. Violations are recorded in ELD data and are admissible in civil cases.
ELD
Electronic Logging Device. A device required in most commercial trucks since December 2019 that automatically records driving time. The data is stored at the carrier and with a third-party vendor. It cannot be manually altered without leaving an audit trail.
HOS violations are among the most valuable evidence in fatigue-related crashes. A driver who was in hour 12 behind the wheel when they hit you was in violation of federal law. The ELD records this automatically.
FMCSA also requires drug and alcohol testing at multiple points: pre-employment, random throughout employment, post-accident within specific windows, and upon reasonable suspicion. A carrier that failed to administer a post-accident test within the required time has violated federal law. That failure itself is evidence.
The FMCSA SAFER database contains every commercial carrier’s safety rating. A carrier rated “Conditional” or “Unsatisfactory” has documented systemic violations on record. That public record is fair game in litigation and worth checking in every truck case.
Who Is Liable: Multiple Defendants in a Truck Crash
Truck accident claims typically involve more than one defendant. Understanding who they are changes the case value and the litigation strategy.
The Driver and the Trucking Company
respondeat superior
Latin for “let the master answer.” A legal doctrine making employers liable for the negligent acts of their employees when those acts occur within the scope of employment.
The driver carries direct personal liability for their own negligent acts: speeding, following too close, distracted driving, driving while impaired or fatigued. Under respondeat superior, the trucking company is also liable for anything the driver did while on the job.
negligent entrustment
A legal theory holding an employer liable for knowingly allowing an unqualified or unsafe driver to operate a commercial vehicle. Applies when the company knew or should have known about the driver’s prior DUI, suspended CDL, or history of HOS violations.
But the company may also face independent liability. Negligent entrustment applies when the company put an unsafe driver in the cab. Driver qualification files, DAC reports, and pre-hire background checks are all discoverable in litigation. If the company had access to information showing this driver was unfit and hired them anyway, that is a separate theory of liability from the crash itself.
Cargo Loaders, Maintenance Contractors, and Manufacturers
If the crash was caused by a cargo shift or rollover, the party responsible for loading the trailer may be liable. Shippers and third-party cargo handlers have legal duties for proper securement. If a brake failure or tire blowout caused the collision, the company responsible for maintaining the truck is a potential defendant. That may be the carrier, or it may be an independent maintenance contractor under a service agreement.
Vehicle manufacturers face product liability if a defective component contributed to the crash. Trailer couplings, air brake systems, and steering mechanisms are common areas. Federal minimum liability insurance for most commercial carriers is $750,000 under 49 CFR 387.9. Many carriers carry $1 million or more. Identifying every policy is not optional.
A trucking case often involves multiple insurance policies: the carrier’s primary, a shipper’s cargo policy, and separate coverage for leased equipment. Missing one is a recoverable error if caught early, and a permanent loss if not. View catastrophic injury claims we handle.
ECM and Black Box Evidence: The 30-Day Clock
ECM
Engine Control Module. The truck’s onboard computer that records pre-impact speed, braking force, and throttle position. Sometimes called the “black box.” ECM data is typically overwritten within 30 days without a preservation demand.
The ECM stores the data you need to prove what happened in the seconds before impact. Pre-crash speed. Hard braking events. Throttle position. This data can be overwritten as soon as 30 days after the crash on normal carrier retention schedules.
ELD data is stored at the carrier’s internal system and with a third-party vendor. Both can be overwritten on their normal retention schedules unless a preservation demand is sent. Dashcam footage is typically overwritten within 48 to 72 hours. Cell phone records documenting distracted driving are on a separate retention schedule and require a separate preservation demand.
Preservation Letter
A formal legal demand sent to the trucking company requiring it to preserve all electronic and physical evidence related to the crash. Stops normal overwrite cycles for ECM data, ELD records, dashcam footage, driver qualification files, and maintenance records.
Spoliation
The destruction or alteration of evidence after a party has received notice of pending litigation. Texas courts can instruct juries to assume the destroyed evidence was unfavorable to the party that destroyed it.
A preservation letter triggers the spoliation doctrine. If the carrier destroys evidence after receiving a preservation demand, Texas courts allow an adverse inference instruction. The jury is told they may assume the destroyed evidence would have been bad for the carrier. We send a preservation letter to the carrier once the facts give us an honest basis for one, because moving as early as the law permits is how the proof in a truck case stays intact. For a Marshall truck crash, the records that letter covers, along with the carrier’s dispatch messages, show the truck’s speed and braking, the driver’s hours on duty, and whether the carrier knew the driver or the truck was unsafe.
Texas HB 19 and Bifurcated Trials
Texas House Bill 19, effective September 1, 2021, changed how truck accident trials work when the defendant includes a motor carrier. Before HB 19, a plaintiff could present the carrier’s entire safety record including prior violations, regulatory failures, and corporate financial data to the same jury deciding compensatory damages. HB 19 created a two-phase structure.
Phase 1 is liability and compensatory damages. The jury hears the facts of the crash and decides whether the defendant was negligent. They assess compensatory damages. But they do not hear about the carrier’s prior safety record, SAFER rating, pattern of HOS violations, or financial condition during Phase 1.
Phase 2 applies only if the Phase 1 jury returns a gross negligence finding. Only then does the trial proceed to exemplary damages. In Phase 2, the jury may hear the carrier’s safety history, prior violations, and financial data to assess whether exemplary damages are appropriate.
The strategic implication: plaintiff attorneys must build their Phase 1 case entirely around driver-level negligence and the specific crash facts. The carrier’s systemic record comes later, if at all. Wrongful death cases follow the same HB 19 framework.
Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.
Proportionate Responsibility and the 51% Bar in Truck Cases
Under Texas CPRC Chapter 33, if a claimant’s share of responsibility exceeds 50%, they recover nothing. At exactly 50%, recovery is reduced by 50% but allowed.
Trucking defense teams build their cases around this bar. Their goal is to push your fault percentage above 50% by arguing you made an unsafe lane change, followed too close, or failed to respond appropriately. This is not a coincidence. It is a deliberate defense strategy.
Texas Section 33.004 allows defendants to designate responsible third parties. A carrier may attempt to shift fault to the cargo loader, the truck’s maintenance contractor, or even the road authority. You have 60 days after that designation to add the third party as a defendant. Missing that window is a permanent strategic loss.
Negligence per se
A legal doctrine that eliminates the need to prove the general standard of care when the defendant violated a specific statute or regulation. In Texas truck cases, an FMCSA regulation violation at the time of the crash is negligent as a matter of law.
Negligence per se counteracts carrier defense strategies. If the driver violated an FMCSA regulation at the moment of the crash, Texas courts treat that as negligence as a matter of law. The carrier cannot escape liability by arguing the driver met a general standard of care when a specific federal rule was broken.
Under CPRC Section 33.013, joint and several liability only applies to defendants whose responsibility exceeds 50%. Defendants at 50% or less pay only their proportionate share. This is why identifying the carrier’s independent negligence, separate from the driver’s, matters. A carrier found 51% responsible is jointly and severally liable. One found 30% responsible pays only 30%.
Your Marshall Injury Attorneys
Founder Trey Morris leads every injury case the firm takes.
Exemplary Damages for Gross Negligence
exemplary damages
Texas term for punitive damages. Available on clear and convincing evidence of fraud, malice, or gross negligence.
Texas CPRC Section 41.008 authorizes exemplary damages on clear and convincing evidence of fraud, malice, or gross negligence.
Gross negligence in truck cases has two required elements. The act involved an extreme degree of risk. And the defendant had actual, subjective awareness of that risk and proceeded anyway. Proving subjective awareness is the challenge. Evidence that does it: dispatch logs showing a supervisor sent a driver back on the road after the driver reported fatigue. Maintenance records showing deferred brake inspections on a truck that failed. FMCSA post-accident test records showing the carrier waited too long, allowing the window to expire.
The HB 19 gate applies. Exemplary damages do not reach the Phase 2 jury unless Phase 1 returned a gross negligence finding. This is why Phase 1 evidence construction matters. If the gross negligence theory is weak or underdeveloped at Phase 1, the door to Phase 2 does not open.
The cap is the greater of (a) two times economic damages plus noneconomic damages up to $750,000, or (b) $200,000. For serious injury cases, the two-times-economic calculation frequently exceeds the $200,000 floor.
The Two-Year Statute of Limitations and Evidence Preservation
Texas CPRC Section 16.003(a) sets a two-year statute of limitations for personal injury claims. For wrongful death, the two years runs from the date of death under Section 16.003(b). For injured minors, limitations toll until age 18; the minor has until age 20 to file.
Two years sounds like a long time. The evidence timeline does not agree. ECM data overwrites in 30 days. Dashcam footage is gone in 48 to 72 hours without a preservation demand. Driver recollections shift. Cargo loading records follow carrier-specific retention schedules, often shorter than two years. The FMCSA post-accident drug and alcohol test window expires hours after the crash.
The list of things that must happen: send a preservation demand for ECM, ELD, dashcam, driver qualification files, and maintenance records. Request the carrier’s FMCSA SAFER record. Obtain the police crash report. Document the scene and vehicles before any repairs. Start identifying all insurance policies.
Two years is the legal deadline. The practical window for preserving the evidence that makes or breaks a truck case is measured in days, not years. This is not a case you can investigate after taking time to recover. The investigation is what preserves that evidence.
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Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Past results do not guarantee future outcomes.
Truck Accident Cases in Harrison County Courts and the Marshall Division
Personal injury and wrongful death claims arising from Harrison County crashes are filed in the 71st Judicial District Court, Harrison County, Texas. The court sits at the Harrison County Courthouse in Marshall. This is the state court venue for truck accident cases in the county.
Federal court is a separate option. The Eastern District of Texas, Marshall Division at 100 E. Houston Street, Marshall, TX 75670, handles cases with diversity jurisdiction. Diversity jurisdiction applies when the parties are from different states and the damages exceed $75,000. Most commercial truck accidents satisfy both requirements. The driver and carrier are typically based outside Texas, and the damages in serious truck crashes exceed $75,000 in virtually every case.
The Marshall Division is one of the most active trial venues in the Eastern District. Juries are drawn from the local Harrison County community. The judges are experienced federal jurists who run efficient litigation. This matters because federal discovery rules and state discovery rules differ meaningfully in how the carrier’s safety record is obtained and presented.
Venue strategy is a substantive legal decision. State court and the 71st District Court operate under Texas HB 19. Federal court in the Marshall Division operates under federal procedural rules where HB 19’s bifurcation structure does not apply in the same way. The better venue depends on the facts of the case and the available theories of liability, an early decision with long-term consequences. Learn about all Marshall practice areas.
Frequently Asked Questions
How long do I have to file a truck accident lawsuit in Texas?
What federal regulations apply to 18-wheeler drivers on US-59 and US-80?
Can I sue the trucking company and the driver separately?
What is the ECM and why does my attorney need to preserve it?
What is Texas HB 19 and how does it affect my truck accident case?
What does proportionate responsibility mean for my recovery?
How is a truck accident different from a car accident in Texas?
What evidence should I collect at the scene of a truck accident?
Can I still recover if I was partially at fault?
What are exemplary damages and when do they apply in a Texas truck crash?
Last updated October 7, 2026