Truck crashes injure hundreds of people in Texas every year. According to the National Safety Council, 730 people were killed on state roads in 2023, and a more recent study found that Texas topped the list of the five most dangerous states for truck accidents, with 20,510 fatal and non-fatal collisions reported since November 2000. Houston recorded the highest number of incidents, followed by San Antonio, Dallas, Fort Worth, and Austin.
These numbers demonstrate how dangerous a commercial motor vehicle accident can be. When a tractor-trailer collides with a smaller vehicle, bicyclist, or pedestrian, you’re looking at catastrophic injuries, high medical bills, and months away from work. To make matters even worse, insurance companies balk at offering settlements, especially in these high-value cases, forcing you to file a lawsuit to get compensation. In this article, we’ll explain how truck accident lawsuits work in Texas and why you should seek legal representation for the best results.
The Lawsuit Process in Texas Truck Accident Cases
While every personal injury case is different, most truck accident lawsuits in Texas follow a similar path from start to resolution.
- Initial Consultation and Case Review: The process begins when you meet with a truck accident lawyer to discuss the crash and your injuries. You’ll share documents such as medical expenses, the police report, and photos from the scene. The attorney reviews your case, determines who may be liable, and explains what legal options you have under Texas law.
- Investigation and Evidence Gathering: Once you hire a truck accident lawyer, the law firm starts gathering proof to support your injury claim. This includes obtaining the truck’s black box data, driver logs, maintenance records, and witness statements. The goal is to identify every responsible party and secure evidence before it’s lost.
- Filing the Lawsuit: If negotiations with the insurance company don’t lead to a fair truck accident settlement, your attorney will file a formal petition in a Texas civil court. This document outlines how the crash happened, who’s responsible, and the damages you’re seeking. The defendants are then served and given time to respond.
- Discovery Phase: Both sides exchange information during the discovery process. Your attorney may take depositions from the driver, company representatives, and expert witnesses. Written questions called interrogatories are also used to gather facts about company policies, training, and vehicle maintenance.
- Truck Accident Settlement Negotiations and Mediation: Most truck accident cases settle before trial. Your lawyer will negotiate with the defense to secure a fair settlement for you. Mediation, where a neutral third party helps both sides discuss possible resolutions, may also be used. Your attorney advises you on any offers and ensures you don’t accept less than what your case is worth.
- Trial: If truck accident settlement talks fail, the case proceeds to trial. Both sides present evidence, examine witnesses, and make closing arguments. The judge or jury then decides who was at fault and how much compensation should be awarded. Truck accident trials can take several days or weeks, depending on the number of parties involved and the nature of the evidence.
- Appeal or Post-Trial Motions: After a verdict, either side can file post-trial motions or appeal the decision if legal errors occurred. Your attorney evaluates the outcome and advises you on whether further legal action is appropriate.
Who Can Be Held Liable in a Texas Truck Accident?
After a truck accident, figuring out who’s responsible isn’t always simple. Trucking operations involve many people and companies, and each may share part of the blame. In Texas, liability depends on the actions of everyone involved, from the driver behind the wheel to the company that loaded the cargo.
- Truck Driver: The driver is usually the first person examined after a crash. Fatigue, distraction, speeding, or driving under the influence can all lead to collisions. A driver who violates safety laws or ignores traffic rules can be held responsible for any injuries they cause.
- Trucking Company: Some employers pressure drivers to meet unrealistic deadlines or skip rest breaks. Others fail to maintain their vehicles or hire drivers with poor safety records. A trucking company can also be held liable for negligent entrustment, which occurs when it allows an unqualified or unsafe driver to operate a commercial truck. If the company knew, or should have known, that the driver posed a danger to others, it can share full responsibility for the crash under Texas law.
- Cargo Loaders or Shippers: Improperly secured freight can throw a truck off balance, making it harder to control. If a third-party company loaded the big rig, they can share blame when cargo shifts or hazardous materials are spilled onto the roadway. In some cases, both the trucking company and the loader share responsibility.
- Truck Parts Manufacturers: Defective brakes, tires, or steering systems can cause accidents even when the driver is careful. When mechanical failures are traced to a design or manufacturing defect, the maker of that part can be held accountable.
- Maintenance Contractors: Some trucking companies hire outside mechanics to service their fleets. If repairs were skipped or done incorrectly, the maintenance provider may be responsible for any resulting crash.
- Other Drivers or Entities: In certain cases, another motorist’s careless actions, a poorly maintained road, or missing traffic signs may contribute to the crash. Liability can extend to other drivers or even government agencies responsible for road maintenance.
Truck accident claims can involve several defendants, each pointing fingers at the others. The truck accident lawyers at Texas Law Guns, Injury & Accident Lawyers will thoroughly investigate your collision, identify all potentially liable parties, and hold them accountable at the negotiation table or in court if necessary.
Key Laws Governing Truck Accident Claims in Texas
Truck accident cases in Texas involve both state and federal laws. These rules determine how fault is assigned, how long you have to file an insurance claim, and what standards trucking companies must follow. Key legal principles and regulations include:
- Negligence Law in Texas: Most truck accident lawsuits are based on negligence. To win compensation, you must show that the driver or company failed to act with reasonable care and that their actions caused your injuries. Examples include running a red light, speeding, or ignoring maintenance warnings.
- Modified Comparative Negligence Rule: Texas follows a “51% bar rule.” This means you can recover damages if you’re less than 51% at fault for the crash. Your compensation is reduced by your percentage of fault. For example, if you’re found 20% at fault, your award is reduced by 20%.
- Statute of Limitations: You generally have two years from the date of the accident to file a lawsuit in Texas. Missing this deadline can prevent you from recovering any compensation. Acting right after the collision gives your personal injury attorney time to collect records, witness statements, and other critical evidence.
- Federal Motor Carrier Safety Regulations (FMCSR): The Federal Motor Carrier Safety Administration (FMCSA) enforces nationwide safety rules for commercial trucks. These federal trucking regulations include limits on driving hours, requirements for vehicle inspections, and mandatory maintenance logs. Violations of these rules can serve as strong evidence of negligence.
- Insurance Requirements: Texas law requires trucking companies to carry higher insurance limits than standard drivers. The minimum coverage depends on the type of freight and the distance traveled. When companies try to underpay claims, your personal injury lawyer can pursue full recovery through these commercial policies.
- Negligent Hiring and Supervision: Texas law allows you to hold a trucking company responsible if it hired an unsafe driver or failed to monitor their behavior. If a company ignored prior accidents, drug test results, or traffic violations, it can be held liable for negligent hiring or negligent supervision in addition to the driver’s actions.
Types of Compensation Available
Knowing what types of damages you can pursue helps you see what a fair recovery might include and how your attorney builds a full picture of your claim.
- Economic Damages: These damages cover the direct financial losses tied to your injuries. They include emergency care, hospital bills, physical therapy, medication, and transportation for medical appointments. Economic damages also include the wages you lost while you were unable to work, as well as future earnings if your injuries prevent you from returning to your previous job. Property damage, such as the repair or replacement of your vehicle, also falls into this category.
- Non-Economic Damages: Some losses don’t come with receipts but still affect your life in lasting ways. Non-economic damages compensate for pain, emotional anguish, reduced quality of life, and loss of companionship. These damages also account for the pain and suffering caused by long recovery periods or permanent injuries.
- Punitive Damages: In Texas, a court may award punitive damages if a trucking company or driver acted with gross negligence or willful disregard for safety. This can include cases involving intoxicated driving, falsified logbooks, or knowingly sending unsafe vehicles onto the road. Punitive damages serve as a warning to others that reckless behavior won’t be tolerated.
- Wrongful Death Damages: If a truck crash leads to the loss of a loved one, surviving family members may bring a wrongful death lawsuit. These damages can include funeral and burial expenses, loss of financial support, and emotional suffering. Texas law allows spouses, children, and parents to file these claims, helping families find some measure of justice after a preventable loss.
Common Causes of Truck Accidents in Texas
Texas highways carry thousands of commercial trucks every day, moving freight between cities, ports, and warehouses. When truck drivers, companies, or maintenance crews ignore safety rules, people in smaller vehicles pay the price. Here’s an overview of the most common types of truck accidents and their common causes.
- Driver Fatigue: Truck drivers work long shifts, and many are under pressure to meet tight delivery deadlines. When a driver stays on the road too long, their alertness drops. They may drift into another lane, fail to notice slowing traffic, or react too slowly to avoid danger.
- Speeding and Reckless Driving: Commercial trucks take longer to stop than passenger cars. When drivers exceed speed limits or fail to adjust for rain, construction zones, or traffic congestion, they create deadly situations like rollover truck accidents.
- Distracted Driving: Truck drivers handle electronic logs, GPS systems, and communication devices throughout their routes. Taking their eyes off the road (even for a few seconds) to check a message or adjust a control can lead to devastating results.
- Impaired Driving: Alcohol, illegal drugs, and even prescribed medication can affect balance, coordination, and reaction time. Federal law requires regular testing for commercial drivers, yet violations continue to occur on Texas roads.
- Improper Cargo Loading: Cargo that isn’t secured correctly can shift during transport. An unbalanced load makes it harder to steer or stop safely. Overweight big rigs can also damage brakes and tires, increasing the risk of mechanical failure.
- Mechanical Failure and Poor Maintenance: Commercial vehicles undergo heavy use, and every component, from brakes to tires, must be inspected regularly. Brake failure, tire blowouts, and steering issues are frequent causes of catastrophic crashes.
- Aggressive or Careless Driving: Some truck drivers tailgate, make unsafe lane changes, or ignore traffic signals. A truck traveling too close to another vehicle has little room to react when traffic slows, leading to rear-end collisions that cause serious injuries.
Truck drivers and their employers have a duty to operate safely, maintain their vehicles, and follow federal and state laws. When they fail to do that, the consequences fall on innocent drivers and passengers. The car accident attorneys at Texas Law Guns, Injury & Accident Lawyers investigate these causes in detail to identify everyone responsible and pursue full compensation for your injuries.
Contact a Texas Truck Accident Attorney Today
After a truck crash, you’re suddenly up against large trucking companies and their insurers. These corporations have extensive resources and experienced defense lawyers who work to limit what they pay. That’s why having an attorney who knows how to take them on is so important.
At Texas Law Guns, Injury & Accident Lawyers, you’ll find a team that fights hard for those injured by negligent truck drivers and careless companies. Our truck accident lawyers have years of experience handling trucking cases across the state. They know how to challenge large insurers and demand the full compensation you’re entitled to under Texas law. To schedule a free consultation and case evaluation, call our law firm at (866) 516-8291 or contact us online today. Spanish-speaking attorneys available.
