texas-electric-semi-truck-accidents:-who-is-liable?

Texas Electric Semi-Truck Accidents: Who Is Liable?

Electric semi-trucks are gaining popularity and being increasingly adopted by major companies for various uses, including long-distance hauling and local food and beverage delivery. The shift toward electric trucks is driven by the need for more sustainable transportation solutions and the growing pressure to reduce carbon emissions from the trucking industry.

With advancements in technology, however, there are also risks and dangers, such as battery fires, software failures, and reduced maneuverability due to their heavier design. These issues can lead to catastrophic accidents, putting drivers, passengers, and other road users at serious risk.

If you or someone you love has been seriously injured or killed in an electric semi-truck accident in Texas, you may entitled to substantial compensation from the truck driver, manufacturer, or a negligent third-party.  In this article, the personal injury lawyers at Varghese Summersett discuss electric semi-truck accidents, who can be held liable, the process for recovering compensation, and how our law firm can help.

What is an Electric Semi Truck

What Is an Electric Semi-Truck?

Electric semi-trucks are commercial vehicles designed to transport goods while being powered entirely by electricity rather than traditional diesel fuel. They are typically 18-wheelers, just like traditional diesel semi-trucks, but use advanced rechargeable battery systems to propel the truck, offering a more environmentally friendly alternative to conventional semi-trucks. By eliminating tailpipe emissions, electric semi-trucks contribute to a cleaner environment and play a crucial role in reducing greenhouse gas emissions, advancing the goal of sustainable transportation.

The adoption of electric semi-trucks has been steadily increasing, driven by technological advancements, environmental awareness, and government incentives. In 2024, approximately 13,000 electric semi-trucks were operating on U.S. roads, and this number is expected to rise significantly in the coming years. Federal and state governments have introduced financial incentives, tax credits, and grants to encourage companies to invest in green transportation solutions.

Texas, as a major hub for freight and logistics, has emerged as a key player in this transition. Major metropolitan areas like Houston and Dallas have witnessed a growing adoption of electric semi-trucks, supported by infrastructure developments such as charging stations and incentives tailored to the freight and logistics industry.

Who makes and uses electric semi trucks

Who Makes and Uses Electric Semi-Trucks?

The Leading Manufacturers of Electric Semi-Trucks

Several manufacturers are at the forefront of the electric semi-truck movement, offering innovative vehicles designed to meet the demands of modern freight operations. They include:

  • Tesla: Known for groundbreaking electric vehicles, Tesla’s Semi boasts impressive range, high performance, and advanced technology that redefines long-haul trucking.
  • Volvo: With its VNR Electric model, Volvo targets short- and medium-haul freight needs, focusing on urban areas and regional routes.
  • Freightliner: Freightliner’s eCascadia is engineered for regional operations, combining zero-emission technology with reliability.
  • BYD: This global manufacturer is gaining traction in the U.S. market with its electric truck offerings, providing versatile options for various freight applications.

These manufacturers are driving the transition from diesel to electric power, setting the standard for the next generation of commercial vehicles.

Companies Leading the Adoption of Electric Semi-Trucks

Major corporations are not just embracing electric semi-trucks—they are actively integrating them into their operations to meet sustainability goals and reduce their environmental impact. Some key players include:

  • PepsiCo: As an early adopter of the Tesla Semi, PepsiCo is spearheading initiatives to achieve carbon neutrality by 2040 through pilot programs and fleet upgrades.
  • Schneider National: By 2023, Schneider surpassed 1 million miles of zero-emission trucking, utilizing a fleet of Freightliner eCascadia trucks for regional operations.
  • Amazon: The e-commerce giant deployed 50 electric semi-trucks in Southern California in 2024, focusing on reducing emissions in first-mile freight from ocean ports.
  • Penske: Starting in 2022, Penske began incorporating Freightliner eCascadia trucks into its fleet, highlighting its commitment to sustainable logistics solutions.
  • Coca-Cola: In California, Coca-Cola added 20 Freightliner eCascadia trucks to its fleet for short-haul operations at its bottling and distribution facilities.
  • Maersk: The global shipping leader ordered 126 Volvo VNR Electric trucks, showcasing its dedication to green transportation.
  • Walmart: Retail giant Walmart is integrating Tesla Semi trucks into its supply chain to bolster sustainability efforts.

The collective efforts of these manufacturers and corporations underscore a significant shift in the freight and logistics industry, paving the way for widespread adoption of electric semi-trucks and a cleaner, more sustainable future for transportation.

Common Causes of Electrict Semi Accidents

Common Causes of Electric Semi-Truck Accidents

While electric semi-trucks are touted for their safety features, accidents can and do occur. Common causes include:

  • Battery Failures or Fires

    Electric vehicles rely on lithium-ion batteries, which, while efficient, can pose fire risks if damaged in a collision. Battery malfunctions can also lead to sudden power losses.
  • Software or Autonomous Driving Errors

    Many electric semi-trucks are equipped with advanced driver-assistance systems (ADAS). Software glitches or improper use of these systems can result in accidents. For example, Tesla’s Autopilot feature has been scrutinized in several accidents involving electric vehicles.
  • Driver Fatigue or Error

    Just like traditional semi-truck drivers, electric semi-truck operators are susceptible to fatigue or distracted driving, leading to accidents. Federal regulations, such as the Hours of Service (HOS) rules, aim to prevent this, but violations still occur.
  • Inadequate Maintenance

    Electric semi-trucks require specialized maintenance. Improper upkeep of brakes, tires, or electrical components can lead to mechanical failures.
  • Environmental Factors

    Adverse weather conditions, such as heavy rain or ice, can affect the performance of electric semi-trucks. Their heavier weight, due to large battery packs, may increase stopping distances and affect handling.

Determining Liability in Electric Semi Accidents

Determining Liability for Electric Semi-Truck Accidents

Determining liability in an electric semi-truck accident can be a complicated process, often involving multiple parties. Here’s a breakdown of the potentially responsible entities and how their actions may contribute to fault:

1. The Truck Driver

Truck drivers can be held liable if their negligence directly leads to an accident. Examples of driver negligence include:

  • Distracted driving, such as texting or using a mobile device while operating the vehicle
  • Speeding or engaging in reckless driving behaviors
  • Driving under the influence of drugs or alcohol

However, drivers may not always bear full responsibility. For instance, if mechanical failures or other external factors contributed to the accident, their liability may be mitigated.

2. The Trucking Company

Trucking companies are responsible for ensuring the safety and reliability of their fleet and drivers. Liability may arise if the company:

    • Fails to properly train drivers on the operation and unique challenges of electric semi-trucks
    • Neglects to enforce safety regulations or monitor compliance
    • Does not perform regular maintenance on vehicles

Some trucking companies outsource maintenance, further complicating liability. According to industry reports, third-party providers accounted for approximately 18% of total fleet maintenance costs in recent years. If outsourced maintenance is substandard, both the trucking company and the service provider could share liability.

3. The Manufacturer

Manufacturers of electric semi-trucks can be held liable under product liability laws, including the Texas Products Liability Act, if accidents result from:

  • Design defects: Flaws in the vehicle’s design, such as unsafe battery placement or poor weight distribution
  • Software issues: Malfunctions in autonomous driving systems or other safety features
  • Battery defects: Faulty or improperly manufactured battery components that lead to fires or power failures

Manufacturers have a legal obligation to produce vehicles that are safe for their intended use. Failure to meet this standard can result in liability for accidents.

4. Third-Party Maintenance Providers

Independent maintenance companies or mechanics can also be held responsible if their negligence causes or contributes to an accident. This could include:

    • Improperly performed repairs that fail to resolve critical safety issues
    • Failure to identify or address mechanical problems during routine inspections
    • Use of substandard or salvaged parts without proper verification

Trucking companies that rely heavily on third-party maintenance providers may face additional scrutiny in determining shared liability.

5. Other Drivers

In multi-vehicle accidents, the negligence of other drivers may also play a role. Examples include:

      • Sudden lane changes or unsafe driving around an electric semi-truck
      • Failing to yield or abide by traffic laws, leading to chain-reaction collisions

The Role of Technological Complexity in Liability

Electric semi-trucks introduce advanced technologies that can complicate the determination of liability:

  • Software Defects: Autonomous driving systems and safety features may fail due to glitches or improper over-the-air updates.
  • Hardware Issues: Electrical system malfunctions or battery defects can cause sudden power losses or fires.
  • Data Challenges: Proving liability may require analyzing black box data, over-the-air software updates, and diagnostic logs, which can be technically complex. 

Multiple Party Liability

In many cases, multiple parties may share liability for an accident. For example, a defective component may have contributed to the accident, but the driver’s negligence may have exacerbated the situation. In such cases, each party may be assigned a percentage of fault. This is governed by the modified comparative fault rule , which allows a plaintiff to recover damages as long as they are less than 51% at fault.

Determining liability in electric semi-truck accidents requires a thorough investigation and often involves complex legal and technical considerations. As the technology continues to evolve, so too will the legal landscape surrounding these cases. At Varghese Summersett, our personal injury attorneys work closely with industry experts to uncover the root causes of accidents, identify responsible parties, and help victims pursue the compensation they deserve.

Electric Semi-Truck vs. Traditional Semi-Truck Accidents

Electric Semi Truck vs. Traditional Semi-Truck Accidents

Electric semi-truck and traditional semi-truck accidents share common causes like driver fatigue, environmental factors, or human error. However, electric semi-trucks introduce unique risks due to their technology and design. Here are the key differences:

  • Battery-related risks: Electric semi-trucks can experience battery failures or fires, which pose unique hazards. Lithium-ion batteries can ignite if damaged in a collision, leading to intense fires that are challenging to extinguish.
  • Software and autonomous driving errors: Electric semi-trucks often incorporate advanced driver-assistance systems (ADAS) and autonomous features. Glitches or improper use of these systems can cause accidents specific to electric vehicles.
  • Specialized maintenance: Electric semi-trucks require different maintenance procedures compared to traditional trucks. Improper upkeep of electrical components can lead to mechanical failures unique to electric vehicles.
  • Weight distribution: Electric semi-trucks are typically heavier due to large battery packs, which can affect their handling and stopping distances, especially in adverse weather conditions.
  • Power loss risks: Electric trucks may experience sudden power losses due to battery malfunctions, a risk not present in traditional diesel-powered trucks.
  • Quieter operation: Electric semi-trucks are significantly quieter than their diesel counterparts, which can potentially lead to accidents if pedestrians or other drivers fail to hear them approaching.

While both types of trucks can experience common accident causes like driver fatigue or environmental factors, the technological complexity of electric semi-trucks introduces new potential failure points and accident scenarios.

Regulations for Electric Semi-Trucks

Regulations for Electric Semi-Trucks in Texas

Electric semi-truck drivers in Texas follow the same core regulations as traditional truck drivers but there is an exception in regard to weight limits:

  • Weight Limits

    As of September 1, 2023, electric trucks can weigh up to 82,000 pounds—2,000 pounds more than the standard limit for diesel trucks. This aligns with federal exemptions for electric and natural gas-powered trucks.
  • Standard Rules Applicable to All Semi-Trucks
    • Hours of Service (HOS): Regulations limiting driving hours to reduce fatigue.
    • Commercial Driver’s License (CDL): Required for all semi-truck operators.
    • Electronic Logging Device (ELD) Mandate: Tracks driving hours for compliance with HOS rules.
    • Vehicle Equipment and Safety Standards: Applies equally to both electric and diesel trucks.

While electric and traditional semi-trucks share many regulatory requirements, electric semi-trucks introduce new risks and complexities due to their technology and design. Drivers and fleet operators must remain vigilant about these differences to ensure safety and compliance.

Types of Compensation

Types of Compensation for Electric Semi-Truck Accidents

Victims of electric semi-truck accidents may be entitled to various forms of compensation under Texas law. These include:

1. Economic Damages

Medical expenses: Emergency care, surgeries, physical therapy, and medication.

Lost wages: Compensation for time missed from work.

Property damage: Costs to repair or replace your vehicle.

2. Non-Economic Damages

Pain and suffering: Physical and emotional distress caused by the accident.

Loss of consortium: Damages for the loss of companionship or affection.

3. Punitive Damages

In cases of gross negligence, such as a trucking company knowingly operating unsafe vehicles, punitive damages may be awarded to punish the wrongdoer and deter similar behavior.

What to Do if You’ve Been Injured in an Electric Semi-Truck Accident in Texas

If you’ve been injured in an electric semi-truck accident in Texas, you will follow the same steps as you would if you were involved in an accident with any other vehicle. They include:

  • Seek Immediate Medical Attention: Your health is the top priority. Even if injuries seem minor, get evaluated to document any potential issues.
  • Document the Scene: Take photos of the vehicles, road conditions, and any visible injuries. Collect contact information from witnesses.
  • Contact Law Enforcement: File a police report, which will be crucial for insurance claims and legal proceedings.
  • Preserve Evidence: Keep medical records, repair estimates, and any correspondence with insurance companies.
  • Consult a Texas Electric Semi-Truck Accident Lawyer: An experienced persona injury attorney can help you navigate the complexities of your case, deal with insurance adjusters, and pursue the compensation you deserv

Personal Injury Team

Speak to a Texas Electric Semi-Truck Accident Lawyer

Electric semi-truck accidents require specialized legal knowledge due to the unique factors involved, such as advanced technology and evolving regulations. At Varghese Summersett, we have extensive experience handling complex truck accident cases, including those involving electric vehicles.

Contact us today for a free consultation. If we take your case, you will never pay us anything upfront or out-of-pocket. We work on contingency, which means we only get paid after you get paid. Rest assured,  our team will work tirelessly to secure the compensation you deserve to move forward with your life.

Hire our personal injury attorneys who do not settle for less.