Liability for Oilfield Trucking Crashes: Suing the Energy Company and Contractors in West Texas

When a commercial truck collides in West Texas, especially on the busy roads that lead into the Permian Basin, from Midland and Odessa to Pecos and Big Spring, the damage is immediate and frequently disastrous. The injuries sustained in these collisions are sometimes fatal since they involve large oilfield tankers, flatbeds transporting heavy machinery, and commercial trucks driven by exhausted personnel. 

Victims of these horrific accidents must understand a critical legal distinction: in Texas commercial vehicle law, liability rarely rests solely on the shoulders of the truck driver. The complex, highly pressurized structure of the oil and gas industry in West Texas often creates a vast web of corporate negligence that extends far beyond the cab of the truck. 

At A2X, our trial lawyers focus on uncovering this web. We do not stop at suing the driver; we aggressively pursue every negligent party, the motor carrier, the maintenance crew, the cargo loader, and even the wealthy oilfield operator, to ensure our clients receive the full financial resources required for their lifetime of care. 

The Foundation of Corporate Responsibility: Vicarious Liability 

A trucking company can be held responsible for its employee, i.e., a truck driver, for the actions of this employee under the legal theory of Vicarious Liability (or Respondeat Superior).  

Under Texas law, a Trucking Company can be held responsible for the harm caused to a  victim by a truck driver who is employed by the Trucking Company if the driver was negligent while acting within the scope of employment. Examples of this could include the driver was driving during the official hours of his employment, hauling loads on behalf of the trucking company, etc. 

This is critical because a driver’s individual insurance policy is almost never sufficient to cover the catastrophic injuries common in a commercial crash. By establishing vicarious liability, A2X ensures the victim's claim is covered by the trucking company's multi-million-dollar corporate insurance policy. 

The Independent Contractor Defense: A Corporate Dodge 

Trucking companies often attempt to evade vicarious liability by classifying their drivers as "independent contractors." They argue that since they don't directly employ the driver, they are not responsible for the driver's negligence. 

An experienced West Texas commercial vehicle accident attorney can easily overcome this argument. A2X thoroughly investigates how the nature of the relationship is determined through:  

• Control over Operations: Has the company controlled the job assigned to the driver? 
• Company Branding: Was the truck owned, leased, or conspicuously branded by the company? 
• Mandated Training/Rules: Did the company require the driver to adhere to specific corporate policies beyond federal law? 

If the company exercises significant control over the driver's work, which is almost always the case in the highly regulated oilfield environment, Texas law treats the driver as a functional employee, thereby upholding the motor carrier's vicarious liability. 

Direct Corporate Negligence: Going Beyond the Driver 

In addition to vicarious liability, A2X always investigates and pursues claims of Direct Negligence against the trucking company and other commercial entities. Direct negligence means the company's own actions (or failures to act) directly contributed to the crash. 

1. Negligent Hiring, Retention, and Supervision 

The Federal Motor Carrier Safety Administration (FMCSA) imposes strict rules for hiring commercial drivers. When a company operating out of Lubbock or Midland ignores these rules, it is being directly negligent. 

• Negligent Hiring: This occurs when a company fails to thoroughly vet a driver, leading to the hiring of an individual who is clearly unfit to drive. Examples include hiring a driver with a history of: 
• Multiple DWIs or drug-related offenses. 
• A revoked or suspended Commercial Driver's License (CDL). 
• Recent serious traffic violations or prior accidents. 
• Failing to conduct mandated drug screenings or background checks. 
• Negligent Retention: This occurs when a business retains an employee despite knowing, or should have known, that they pose a risk. This frequently entails retaining a driver who has received numerous post-hire tickets, disregarded HOS regulations, or caused avoidable workplace accidents.  
• Negligent Supervision: When a motor carrier neglects to monitor its drivers and enforce HOS rules, it allows a driver to continue while exhausted on routes such as I-20 near Sweetwater.  

By proving that the employer failed to comply with federal safety regulations in hiring and retaining the employee, A2X could claim punitive damages against the corporation for the employer's intentional disregard of public safety.  

2. Negligent Maintenance and Inspection 

Oilfield trucks, including water and sand tankers and heavy equipment haulers, take a severe beating on the unpaved or poorly maintained roads leading to drilling sites. This harsh environment makes rigorous maintenance absolutely mandatory, yet companies frequently cut corners to save time and money. 

A claim of negligent maintenance can be leveled against: 

• The Motor Carrier: If the company failed to conduct regular pre-trip, post-trip, and annual inspections as required by 49 CFR Part 396. 
• Third-Party Maintenance Contractors: In West Texas, many trucking companies contract maintenance out. If the mechanic or service facility failed to properly repair the truck, such as using cheap parts, incorrectly adjusting brakes (a leading cause of truck failure), or failing to replace worn tires, they can be named as a defendant. 

A2X immediately secures maintenance records and, if necessary, sends engineers and mechanics to inspect the wreckage to look for evidence of pre-existing defects ignored by the responsible parties. 

The Complex Web of Liability: Beyond the Trucking Company 

The oil and gas supply chain in West Texas is vast, meaning a single commercial vehicle crash can involve multiple deep-pocketed defendants. An effective West Texas commercial vehicle accident lawyer must cast a wide net to find every responsible entity. 

3. Cargo Loaders and Shippers 

In the oilfield, trucks frequently carry heavy, specialized, and often volatile cargo. The safe operation of a tanker or flatbed depends entirely on how the cargo is loaded, distributed, and secured. 

• Improper Weight Distribution: Uneven weight distribution, particularly in liquid tankers (causing "liquid surge"), can make a truck unstable and cause the driver to lose control during braking or turning, leading to jackknifing or rollovers. 
• Unsecured Loads: If a third-party company responsible for loading pipes, rig components, or other heavy cargo onto a flatbed fails to use proper tie-downs, the load can shift or spill onto the highway, causing a catastrophic multi-vehicle pileup near San Angelo or on I-20. 

Liability for a cargo-related crash can fall on the loading facility, the shipping company, or the third-party loader, independent of the motor carrier. 

4. The Oilfield Operator or Principal Employer 

In the quest for maximum compensation for catastrophic injuries, A2X always investigates the ultimate source of the pressure and profit: the oilfield operator (the major energy company) whose product or schedule was being served. 

While the operator often uses contractors and tries to distance itself from the truck driver, the operator can still be held liable if: 

• Unsafe Premises/Conditions: The accident occurred due to unsafe conditions at the well site or terminal that forced the truck driver to perform an unsafe maneuver. 
• Improper Scheduling/Coercion: The operator's dispatchers or site supervisors set unreasonable or coercive deadlines that encouraged or mandated HOS violations, speeding, or fatigued driving by the contractor's driver. 

By proving the energy operator's corporate negligence created the environment for the crash, we access the resources necessary to cover a victim's lifetime of damages. 

The A2X Difference: Mobilizing for Maximum Recovery 

For families in West Texas, navigating the layers of corporate liability, from the motor carrier's vicarious liability to the oilfield operator’s direct negligence, is impossible without specialized legal counsel. 

According to A2X, a crash calls for a lawsuit against the entire company. In response, we quickly mobilize industry knowledge and forensic investigation to protect evidence before it is lost. To prove that it puts profit ahead of safety, the company will use the discovery process to locate all relevant documents, including maintenance logs, driver certification records, dispatch records, and ELD data.  

If you or someone close to you has been injured in an accident involving an oilfield truck in West Texas, please do not wait. There is a limited time to pursue legal options, and the corporations' legal teams are already taking steps to reduce their liability. Call A2X to make certain that every negligent party, from the driver all the way to the largest energy corporation, is legally and financially responsible for your loss.