Trucking accidents are regrettably common in Texas. In 2023, the state reported over 35,000 commercial truck crashes, which is nearly 98 accidents every day. Texas also leads the United States in the number of commercial truck accidents, with more fatalities and injuries involving large trucks than any other state. Major highways like I-10, I-35, and I-45 carry much of this traffic, making them frequent sites for these collisions.
The rise in freight traffic is a big factor in these numbers. Texas is booming economically, causing trucking volume to grow rapidly, which leads to more chances for accidents. Recent trends also show an increase in aggressive driving behaviors, such as speeding and unsafe lane changes, which contribute to the problem.
In some instances, trucking companies are responsible. When a company cuts corners on safety, ignores maintenance requirements, or pushes truck drivers beyond safe limits, people get hurt. If it happens to you, you have the right to hold the trucking firm accountable. In this guide, we answer the question “Can you sue a trucking company?” and highlight what you need to know about getting compensation.
Trucking Companies and Legal Liability in Texas
Texas law allows you to hold trucking companies responsible for accidents caused by their employees and operations. This legal concept, called vicarious liability, means that they must answer for the actions of their drivers when those drivers act within the scope of their employment. If a truck driver causes an accident while making deliveries or driving a company route, the trucking company can face liability for the damages.
Federal and state regulations govern how trucking companies operate in Texas. The Federal Motor Carrier Safety Administration (FMCSA) sets nationwide standards for commercial trucking operations, including driver qualifications, vehicle maintenance, and hours of service limits. The Texas Department of Transportation (TxDOT) enforces additional state requirements. These regulations exist to protect everyone on the road, and when companies violate them, they can be held liable for resulting truck accidents.
Common Grounds for Suing a Trucking Company
When a truck accident happens in Texas, the trucking company can be held legally responsible if its negligence caused or contributed to the incident. This responsibility can arise through the company’s direct actions or its failure to meet necessary safety and operational duties. Below are the main situations in which a trucking company may be found liable.
- Negligent Hiring Practices: A company may be liable if it hires or keeps a driver who poses an unreasonable risk to others. For instance, employing someone with a history of reckless or distracted driving, DUI arrests, suspended licenses, or poor safety records violates the company’s duty to screen drivers properly. Under federal law, trucking companies must check a driver’s background, driving record, drug test results, and employment history. Ignoring warning signs or failing to remove a dangerous driver can establish negligence.
- Negligent Training or Supervision: Trucking companies are expected to train drivers on key safety topics, such as federal hours-of-service limits, load securement, emergency braking, and defensive driving. A company that provides minimal or no training, fails to monitor performance, or disregards reports of unsafe driving can be held accountable for resulting accidents.
- Vicarious Liability for Employee Negligence: When a driver causes a truck accident while performing job duties, such as delivering goods or driving a company truck, the employer can be held responsible under the legal doctrine of respondeat superior. This means the trucking company may share liability even if it did not directly cause the crash, as long as the driver was acting within the scope of employment at the time.
- Failure to Maintain Vehicles: Federal regulations require routine inspections and repairs for commercial trucks. If a trucking company neglects maintenance by ignoring worn brakes, defective tires, steering issues, or broken lights, it can be held liable when those mechanical failures lead to an accident. Maintenance logs, inspection reports, and service records are often key evidence in proving this type of negligence.
- Violation of Federal Motor Carrier Safety Regulations (FMCSRs): Trucking companies must comply with federal safety standards covering driver qualifications, rest periods, drug and alcohol testing, and equipment upkeep. Violating these regulations, such as forcing drivers to exceed legal driving hours, falsifying driver logbooks, or operating overloaded trucks, can be strong evidence of negligence or gross misconduct.
- Unsafe Scheduling Practices and Unrealistic Deadlines: Pressuring drivers to deliver loads on unreasonable timetables can lead to fatigue, speeding, or skipped federally mandated breaks. If company policies indirectly encourage drivers to violate safety laws, the company may be found responsible for creating dangerous working conditions.
- Improper Cargo Loading or Securement: A trucking company, or a contractor under its control, may be liable if cargo is loaded incorrectly. Poor loading can make commercial vehicles unstable, increasing the likelihood of rollovers, jackknifes, or multi-vehicle collisions. Liability arises when company cargo loaders fail to follow the required weight distribution and tie-down procedures.
- Negligent Entrustment: This claim applies when a company allows someone to operate a truck despite knowing (or having reason to know) that the driver is incompetent or unfit. For example, if management was aware of substance abuse issues or multiple recent accidents but still permitted the driver to operate a commercial vehicle, the company may face liability for entrusting them with such responsibility.
- Improper Recordkeeping or Falsification of Documents: Trucking companies must maintain driver qualification files, maintenance records, and hours-of-service logs. If these documents are falsified, destroyed, or missing, it can indicate negligence or even intentional misconduct. Courts may view the lack of documentation as evidence that the company was concealing unsafe practices.
As you can see, a trucking company’s liability often extends well beyond the driver’s behavior. It can stem from poor hiring choices, lack of supervision, ignored safety regulations, or pressure to meet delivery goals at the expense of safety. Holding the company accountable usually involves examining records, policies, and practices to reveal patterns of neglect that put both drivers and the public at risk.
Can You Sue The Insurance Company Directly?
In most cases, you can’t sue a trucking company’s insurer directly. Texas follows the “no direct action” doctrine, which means you can’t bring a personal injury lawsuit directly against an insurance company for damages covered by a liability policy until you’ve obtained a court judgment against the insured party. In other words, you must first win a judgment against the trucking company or driver in court. Only if the insurer then refuses to pay the judgment can you pursue a separate claim against the insurer.
That said, there are exceptions to this rule. They include:
- Uninsured/Underinsured Motorist (UM/UIM) Claims: If you were covered under your own UM/UIM policy and the at-fault truck driver lacked adequate insurance, you can file a direct claim (and, if necessary, a lawsuit) against your own insurer to recover damages.
- Direct Action in Special Situations: A few narrow exceptions exist, such as when a state or federal law specifically grants a right to sue an insurer directly (for example, certain cases involving motor carriers operating under federal permits). These situations are rare and depend on the specific insurance policy and regulatory filings involved.
What If the Truck Was a Government Vehicle?
If you were injured by a government vehicle, such as one owned by a city, county, state agency, or school district, your ability to sue is governed by the Texas Tort Claims Act (TTCA). Normally, government entities are protected from lawsuits by a legal principle known as sovereign or governmental immunity, which prevents them from being sued without their consent. However, the TTCA recognizes exceptions that allow injured people to bring claims when the injury was caused by the negligent operation or use of a motor vehicle.
Under this law, you can file a claim directly against the government unit, such as the City of Austin or the Texas Department of Transportation. To succeed, you must prove that the government employee was negligent, that the negligence occurred while the employee was operating or using the vehicle in the course of their employment, and that this negligence directly caused your injuries. For example, if a city garbage truck ran a red light and hit your car, it would likely fall within the TTCA’s waiver of immunity.
Proving Negligence and Liability Against a Truck Company
Winning a case against a trucking company requires solid evidence. You can’t simply claim that the company acted carelessly; you must demonstrate that the company failed to meet its legal obligations and that this failure directly led to the truck accident.
- Gather Critical Evidence: You’ll want to secure evidence like maintenance records, which show when inspections occurred, what repairs were made, and if the company addressed known mechanical problems. Driver logs, including electronic logging device data, prove whether the driver exceeded legal driving hours or took required rest breaks. Black box data from the truck’s event data recorder captures speed, braking, and other vital information from the moments before impact. Your personal injury attorney will request all of these records through the legal process called discovery.
- Secure Witness Statements and Professional Testimony: People who witnessed the truck accident can testify about what they saw and heard, while accident reconstruction specialists analyze the physical evidence, vehicle damage, and road conditions to explain how the crash happened. Trucking industry professionals can testify whether the company followed proper safety protocols and industry standards. This combination of eyewitness and professional testimony builds a convincing case that holds up in court.
Trucking companies have lawyers and investigators working to minimize their liability from the moment an accident occurs. You need equally strong representation to gather the proof that supports your insurance claim and counters their defenses.
Possible Defenses Used by Trucking Companies
Trucking companies and their insurance carriers will try to avoid paying your insurance claim. They employ experienced defense attorneys who use various strategies to reduce or eliminate their liability. Knowing these common defenses helps you prepare for the arguments you’ll face.
- Denial of Negligence or Liability: The trucking company may simply deny that their driver or company policies caused the accident. They might claim the driver followed all rules and regulations at the time of the collision. This defense requires you to present evidence that proves the company’s role in causing your injuries.
- Shifting Fault to Other Parties: Defense attorneys will look for ways to blame you or other drivers for the truck accident. Texas follows a modified comparative negligence rule, which means you can’t recover damages if you’re found more than 50 percent at fault. The trucking company’s lawyers will scrutinize your actions before the crash to find any behavior they can use against you. They might claim you were speeding, distracted, or failed to follow traffic laws.
- Compliance Claims: Trucking companies may argue they followed all federal and state regulations, suggesting this compliance proves they acted responsibly. They’ll present maintenance logs, training records, and safety certifications to support their defense. However, meeting minimum regulatory requirements doesn’t automatically shield a company from liability. Your personal injury attorney can show that regulations represent baseline standards and that the company still acted negligently within those parameters.
Contact a Texas Truck Accident Attorney Today
You can sue a trucking company in Texas if their negligence leaves you with severe injuries. At the same time, trucking companies have teams of lawyers and investigators working to protect their interests from the moment an accident happens. You need an experienced attorney who will investigate your accident thoroughly, calculate the full value of your damages, and fight for the compensation you need to recover.
Texas Law Guns, Injury & Accident Lawyers has the experience and resources to take on big trucking companies across Texas. We work on a contingency fee basis, which means you pay nothing unless we win your case. To schedule a free consultation and case evaluation, call our personal injury law firm at (866) 516-8291 or contact us online today. Spanish-speaking attorneys available.
Alexander Begum has tried over 50 trials to verdict and tried or settled over $500 million in cases. Alex is a founding shareholder of the Texas Law Gun, Injury and Accident Lawyers.