The most dangerous part of an oilfield job often isn't on the rig. It's the drive. Long hitches, caliche lease roads, two lane highways packed with heavy trucks and crews running on no sleep make vehicle crashes one of the top killers of oilfield workers. Who you can sue depends on whose truck it was and why you were on the road.

Whose Truck Was It? That Decides a Lot

When Another Company's Truck Hits You

Sand haulers, water trucks, vacuum trucks, flatbeds, hotshots and other contractors' pickups crowd every road in the Permian. When one of them causes a crash, you have a full negligence claim against:

Commercial trucking companies carry larger insurance policies than ordinary drivers, which matters in a serious injury case. You can pursue this claim while collecting comp. See third party claims and comp liens.

Riding in Your Own Company's Truck

If your employer carries comp and you were on the job, comp is usually your only remedy against your employer and the coworker who was driving. That's frustrating when the driver fell asleep at the wheel after a 16 hour shift, but it's how the system works. You still get medical care and income benefits, and you can still sue any other driver or company involved in the crash.

If your employer is a nonsubscriber, the picture flips. You can sue it directly, and it can't blame you for being partly at fault. See nonsubscriber employers.

Was the drive to the rig part of the job?

Ordinary commuting usually isn't covered by comp. Oilfield travel is often different. In SeaBright Insurance v. Lopez (2015), the Texas Supreme Court held that comp covered an Odessa company's worker killed driving a company vehicle to a remote job site, because the travel was tied to and furthered the employer's business. Company vehicles, per diem, remote locations and carpooling crews can all change the answer, and the answer decides who you can sue.

Why Oilfield Crashes Happen

The oilfield hours of service exceptions

Federal rules give oilfield trucking some slack that other trucking doesn't get. Drivers of commercial vehicles used only in oilfield operations can restart their weekly hours after 24 hours off instead of the usual 34. Specially trained drivers of certain well servicing rigs, like frac pumps, wireline trucks and coil units, can log waiting time on location as off duty. Sand, water and supply haulers don't qualify for that waiting time exception. When a company stretches these rules past what they allow, it's strong evidence of negligence.

The Evidence to Lock Down Fast

Trucks record more than most people realize. Much of it is overwritten in days or weeks unless someone demands it be kept:

One more thing juries can hear about: seat belts. In Nabors Well Services v. Romero (2015), the Texas Supreme Court allowed evidence of seat belt use or nonuse when assigning fault. See what happens if you were partly at fault.

Check Your Own Policy Too

If the at fault driver had little or no insurance, your own auto policy's uninsured and underinsured motorist coverage may help, depending on the vehicle and the policy terms. Report the crash to your insurer and keep the claim number.