By Michael Cowen. Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, has tried more than 120 jury trials, and hosts the Trial Lawyer Nation podcast. He is the author of Big Rig Justice: A Comprehensive Guide to Maximizing Value in Truck Accident Cases.
A Texas truck accident rarely looks like a fender bender. An 80,000-pound rig striking a passenger vehicle at highway speed causes catastrophic injury and, far too often, a death. What follows the crash is even less like an ordinary car case. The motor carrier's rapid response team may reach the scene before the ambulance leaves, photographing the wreck and interviewing the driver while you are still on a stretcher.
We built our practice around leveling that fight for Texans hit by commercial trucks. This guide walks through every major piece of a Texas 18-wheeler case, from what usually causes these wrecks to how much your claim may be worth to how the process actually plays out. It reflects the way real cases unfold, not a template pulled from a general injury site.
What do you need to know about a Texas truck accident?
A Texas truck accident is treated differently from a car crash because federal rules, corporate defendants, and evidence that erases itself in weeks all come into play. You have two years to file a lawsuit under Texas Civil Practice and Remedies Code Section 16.003, and Texas modified comparative fault bars recovery if you are more than 50 percent responsible. The right attorney preserves trucking company evidence before it disappears.
Key Takeaways
- A Texas truck accident case usually involves multiple defendants and federal safety regulations that do not exist in an ordinary car crash claim.
- Critical trucking evidence, from Electronic Logging Device data to onboard camera footage, may be erased on retention cycles measured in days or weeks.
- Texas law gives most injured people two years to file a lawsuit, but a modified comparative fault rule reduces or bars recovery based on the injured person's share of fault.
What Causes Texas Truck Accidents?
Truck crashes rarely happen by chance. When we break down what caused a wreck, the same categories appear again and again. Almost every cause traces back to a decision the trucking company or driver made before the collision.
Driver Fatigue and Hours-of-Service Violations
Federal Hours of Service rules under 49 CFR Part 395 cap a commercial driver at 11 hours of driving inside a 14-hour on-duty window and require rest breaks and off-duty time. A tired driver behind the wheel of a fully loaded rig loses the reaction time and judgment safe operation requires. Falsified logs, aggressive dispatch expectations, and skipped rest breaks appear in a large share of the fatigue cases we investigate.
Speeding and Aggressive Driving
A commercial truck traveling too fast for road conditions needs far more distance to stop than a passenger vehicle. Aggressive lane changes, tailgating, and speeding for the load or the weather turn survivable maneuvers into deadly crashes.
Distracted Driving
Phones, dispatch tablets, and eating behind the wheel pull a driver's attention off the road at exactly the moment they cannot afford to lose focus. Distraction shows up in dashcam footage and in phone records once we have access to them.
Impaired Driving
Federal drug and alcohol testing rules under 49 CFR Part 382 require testing after most crashes involving commercial trucks. When those tests come back positive, the case usually opens the door to punitive damages against the carrier.
Improperly Loaded or Secured Cargo
Cargo shifts change how a rig handles, and unsecured loads fall onto the roadway. Under 49 CFR Part 393 Subpart I, cargo must be secured to prevent shifting or falling. Loaders, brokers, and shippers may share fault along with the carrier when a load causes the crash.
Poor Maintenance and Mechanical Failures
Brake failures, tire blowouts, and steering problems on commercial trucks often trace to skipped or inadequate maintenance. Federal law under 49 CFR Part 396 requires systematic inspection, repair, and maintenance of every commercial vehicle. Records tell the story of whether the carrier followed the rules.
Inadequate Driver Training and Negligent Hiring
Under 49 CFR Part 391, motor carriers must qualify their drivers before putting them on the road. When a carrier hires a driver with a poor safety record or fails to train them for the equipment they operate, the negligent hiring or training claim reaches directly to the company, not only the driver.
Who Is Liable for a Texas Truck Accident?
Truck cases almost never have only one defendant. Sorting out every party that shares fault often decides how much money is available to compensate an injured client.
The Truck Driver
The driver behind the wheel is the most obvious defendant. Their driving conduct, decisions, and compliance with federal rules go directly to fault.
The Motor Carrier (Trucking Company)
The carrier employs the driver and is usually the deep-pocket defendant in a Texas truck accident case. Under respondeat superior, the carrier is liable for its driver's negligence within the scope of employment. Independent claims against the carrier for negligent hiring, training, supervision, and retention often exist alongside the driver's fault.
The Cargo Shipper or Loader
When improperly loaded cargo caused the crash, the party that loaded the truck may share fault. In a shipper-loaded trailer, the shipper's crew may bear responsibility for a load that shifted or fell.
Maintenance Contractors
Many carriers outsource maintenance to third-party shops. A brake job done wrong or a missed inspection may open a claim against the shop that performed the work.
Freight Brokers
A broker that arranged the shipment may be liable for hiring an unsafe carrier. Broker negligent selection claims are technical and depend heavily on the broker's relationship with the carrier and the load.
How HB 19 Changed Texas Truck Cases
Texas House Bill 19, passed in 2021 and codified at Texas Civil Practice and Remedies Code Sections 72.052 and 72.054, restructured how commercial truck cases are tried in Texas courts. On a defendant's timely motion, Section 72.052 requires the court to bifurcate the trial into two phases. Liability and compensatory damages are decided in phase one. Exemplary (punitive) damages are decided in phase two. Section 72.054 also lets a carrier that stipulates its driver was an employee acting in the scope of employment limit the phase-one theories against it to respondeat superior for ordinary negligence.
The rule is a major reason truck cases are not litigated like car crashes in Texas anymore. Preserving the evidence that supports gross negligence and independent corporate fault is what keeps those claims alive through phase two.
What Evidence Wins Texas Truck Accident Cases?
A Texas truck accident case rises or falls on evidence, and much of that evidence sits on the trucking company's own servers. A skilled attorney moves quickly to preserve it before it cycles out.
Electronic Logging Device (ELD) Data
Under the ELD Mandate at 49 CFR Part 395 Subpart B, most commercial drivers must record their hours of service through an Electronic Logging Device. ELD data reveals whether the driver was on duty, driving, resting, or off duty in the hours before the crash. Fatigue cases live and die on these records.
The Truck's Black Box (ECM) Data
The Electronic Control Module inside the truck's engine records data on speed, engine RPM, brake use, and other operating measures in the seconds before impact. Downloading the ECM before the tractor is repaired or scrapped preserves proof of what the driver was doing at the moment of the crash.
Dashcam and Telematics
Many carriers install forward-facing and driver-facing cameras and use telematics systems that track vehicle location, speed, and braking. Footage is often overwritten in short cycles, so a preservation demand within days of the crash may be the only way to save it.
Driver Qualification File
Federal law under 49 CFR Part 391 requires each carrier to maintain a driver qualification file documenting the driver's application, motor vehicle records, road test, medical certifications, and background. Gaps and problems in the file often expose a negligent hiring or retention claim.
Maintenance and Inspection Records
Under 49 CFR Part 396, carriers must document their maintenance program and roadside inspections. Missing records, missed intervals, and out-of-service repairs left undone all appear here.
Post-Crash Drug and Alcohol Testing
Under 49 CFR Part 382, carriers must test drivers for drugs and alcohol after most crashes involving fatalities, injuries requiring immediate medical treatment, or vehicle-disabling damage. Chain-of-custody records and testing results become central proof in impaired-driving cases.
Bills of Lading, Dispatch Records, and Communications
Bills of lading, load tenders, dispatch messages, and driver-carrier text traffic often show whether the carrier pushed the driver past legal limits. Reading these records against ELD and GPS data is where hours-of-service falsification is often exposed.
The Spoliation Letter
The single most valuable early step in a Texas truck accident case is often a spoliation letter. Sent to the carrier and its insurer within days of the crash, it demands preservation of specific evidence and stops the routine destruction of records. When a company destroys evidence after receiving the letter, Texas courts may treat that destruction as its own kind of proof at trial.
How Do Federal (FMCSA) Rules Apply on Texas Roads?
Interstate trucking runs on Federal Motor Carrier Safety Administration rules found in Title 49 of the Code of Federal Regulations. Texas Transportation Code Section 644.051 requires Texas commercial motor vehicle safety rules to stay consistent with the federal rules and lets the state adopt them by reference. In practical terms, federal safety regulations apply on Texas roads.
Hours of Service
Under 49 CFR Part 395, a commercial driver may drive up to 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty, and must take a 30-minute break during long shifts. Weekly limits run 60 hours in seven days or 70 hours in eight days, depending on the carrier's operating cycle.
Driver Qualification
Under 49 CFR Part 391, carriers must qualify each driver. That means confirming the driver holds a valid commercial driver's license, meets medical certification requirements, has an acceptable driving record, and has passed a road test on the equipment they will operate.
Vehicle Inspection, Repair, and Maintenance
Under 49 CFR Part 396, carriers must systematically inspect, repair, and maintain every commercial vehicle they operate. Drivers must complete pre-trip and post-trip inspections and report defects that affect safe operation.
Drug and Alcohol Testing
Under 49 CFR Part 382, carriers must run pre-employment, random, reasonable-suspicion, post-accident, return-to-duty, and follow-up drug and alcohol testing programs. Failure to enroll drivers in a compliant program is a common finding after a crash.
Cargo Securement
Under 49 CFR Part 393 Subpart I, cargo must be firmly immobilized or secured to prevent shifting or falling from the vehicle. Different commodity types carry their own securement standards.
Minimum Insurance Requirements
Under 49 CFR Part 387, interstate trucking carriers must carry a minimum of $750,000 in liability coverage for general freight, with higher minimums for hazardous materials. Many well-capitalized carriers carry far more.
What Damages Can You Recover in a Texas Truck Accident?
Texas law lets an injured person recover damages that put them, as nearly as possible, in the position they would have held without the crash. In a serious truck accident case, those damages fall into several categories.
Economic Damages
Economic damages cover the losses that show up on paper:
- Past and future medical expenses, including surgery, hospitalization, physical therapy, medication, and long-term care
- Lost wages during recovery
- Lost earning capacity when the injuries limit or end the ability to work
- Property damage, including the value of a totaled vehicle
- Home and vehicle modifications required by permanent injury
- Costs of in-home care and assistive equipment
For catastrophic injury cases, a life care planner projects lifetime medical needs and an economist projects lifetime wage loss. Together they document a number the insurance carrier will otherwise ignore.
Non-Economic Damages
Non-economic damages compensate for the harm no invoice captures:
- Physical pain and suffering
- Mental anguish
- Disfigurement
- Physical impairment
- Loss of consortium for a spouse
- Loss of enjoyment of life
Exemplary (Punitive) Damages
Under Texas law, punitive damages are available when the plaintiff proves by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence. In a truck case, gross negligence often surfaces in evidence of falsified logs, ignored safety violations, retention of unfit drivers, or drug and alcohol impairment. Under HB 19, exemplary damages against a commercial motor vehicle defendant are decided in a bifurcated phase two after liability and compensatory damages are set in phase one.
Wrongful Death Damages
When a truck crash causes a death, Texas Civil Practice and Remedies Code Section 71.004 lets the surviving spouse, children, and parents bring a wrongful death claim for the exclusive benefit of those survivors. Recoverable losses include lost earnings the deceased would have contributed, mental anguish, loss of companionship and society, and loss of household services. A separate survival action allows the estate to recover the deceased's pre-death pain, suffering, and medical expenses.
The Texas Truck Accident Claim Process, Step by Step
Most Texans have never been through a serious injury case, let alone one against a trucking company. Here is how the process typically unfolds.
Step One: Get Medical Care and Report the Crash
Your health comes first. Prompt medical attention protects your recovery and creates the medical record that ties your injuries to the crash. Reporting the crash to law enforcement creates the official record everyone else works from.
Step Two: Preserve Evidence
Within days of the crash, an attorney sends a spoliation letter to the trucking company and its insurer demanding preservation of ELD data, dashcam footage, ECM data, maintenance records, and every other category likely to be discarded. Time is the enemy at this step.
Step Three: Retain Counsel and Investigate
The right firm launches an independent investigation. That usually includes an accident reconstruction professional, a truck ECM download, review of the driver qualification file, and inspection of the tractor and trailer. In serious cases, we sometimes pay to secure the truck itself so our engineers can inspect it before the carrier scraps it.
Step Four: Present the Claim and Negotiate
Once the medical picture is understood, we present the claim to the carrier's insurer with the supporting evidence and demand fair compensation. Trucking insurers often extend early, low offers hoping the injured person signs before their injuries are fully known. Our practice is to reject premature offers and build a case that reflects the real losses.
Step Five: File a Lawsuit
When the insurer refuses to pay fair value, we file suit. In Texas, most personal injury lawsuits must be filed within two years of the crash under Texas Civil Practice and Remedies Code Section 16.003(a). Filing opens formal discovery, including written questions, document requests, and depositions.
Step Six: Discovery and Depositions
Discovery is where the trucking company must produce the records the spoliation letter told them to keep. Depositions put the driver, safety director, dispatchers, and other witnesses under oath. This phase often decides settlement value.
Step Seven: Mediation
Most Texas courts require mediation before trial. A neutral mediator meets with both sides, and many strong cases settle at or shortly after mediation once the evidence is in the open.
Step Eight: Trial
Cases that do not settle go to trial. In a commercial motor vehicle case under HB 19, the trial may be bifurcated. Phase one decides liability and compensatory damages. Phase two, if reached, decides exemplary damages.
Step Nine: Verdict, Appeal, and Collection
A jury verdict is not the end of the road. The defense may appeal, and the collection of a large judgment sometimes takes further work. Our firm handles cases through every step, not only to the courthouse door.
Why a Board-Certified Truck Accident Lawyer Matters in Texas
Not every attorney who takes injury cases handles truck accidents, and not every attorney who handles truck accidents is prepared to try them. Board certification narrows the field dramatically. Very few Texas attorneys hold Board Certification in Truck Accident Law, and even fewer combine that credential with Personal Injury Trial Law certification from the Texas Board of Legal Specialization.
Board certification signals the attorney has met stringent experience, examination, and peer-review standards specific to trucking cases. When a carrier faces a firm with those credentials and a record of jury trials and verdicts, its calculus around settlement changes.
Trial preparation is the other reliable difference. Insurers pay more when they know the firm across the table has tried these cases and is prepared to try this one. A firm that never files suit signals to insurers that it will settle for whatever they offer.
Frequently Asked Questions About Texas Truck Accidents
How long do I have to file a Texas truck accident lawsuit?
Most Texas personal injury claims must be filed within two years of the crash under Texas Civil Practice and Remedies Code Section 16.003(a). Wrongful death actions generally follow the same two-year deadline from the date of death under Section 16.003(b). Different deadlines may apply to claims against government entities and to claims brought by minors, so a specific case should be reviewed by an attorney early.
How much is my Texas truck accident case worth?
Case value depends on the severity of the injuries, the available insurance and defendant resources, the strength of the evidence on liability, and the extent of the losses documented. A minor injury with full recovery is worth far less than a case involving lifetime medical care, permanent disability, or wrongful death. Our firm evaluates each case individually and does not put a number on it until we understand the full picture.
What if I was partially at fault for the truck accident?
Texas follows modified comparative responsibility under Texas Civil Practice and Remedies Code Section 33.001. A claimant more than 50 percent responsible for their own injuries recovers nothing. If the claimant's share of fault is 50 percent or less, Section 33.012 requires the court to reduce the recovery by the claimant's percentage of fault. Trucking insurers push hard to increase the injured person's share of fault, which is why evidence preservation and reconstruction matter so much.
Do I need a lawyer to file a Texas truck accident claim?
You are not required to hire a lawyer, but truck cases are difficult, and the other side has already lawyered up. Carriers and their insurers deploy experienced defense teams from the first hours after a crash. A board-certified truck accident attorney levels a fight that begins tilted against injured people.
What if the truck driver worked for a delivery, distribution, or fleet company?
A driver operating a company vehicle within the scope of employment usually triggers respondeat superior liability against the employer, whether the vehicle is an 18-wheeler, a box truck, a delivery van, or a service pickup. The claims tend to reach broader when the employer's own hiring, training, supervision, or maintenance practices contributed to the crash.
Can I recover if my loved one was killed in a Texas truck accident?
Yes. Under Texas Civil Practice and Remedies Code Section 71.004, the surviving spouse, children, and parents of a person killed in a truck crash may bring a wrongful death action for the exclusive benefit of the survivors. A separate survival action lets the estate recover the deceased's pre-death losses. Both actions must generally be filed within two years of the death.
Access crucial information and resources to protect your rights after a commercial vehicle crash.
Talk to a Texas Truck Accident Lawyer Today
Cowen Law, The Trucking Trial Lawyers™, has handled more than 1,000 trucking cases and tried more than 120 jury trials in personal injury cases. Malorie Peacock is Board Certified in Truck Accident Law. Michael Cowen is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, has tried more than 120 jury trials, and hosts the Trial Lawyer Nation podcast. Our firm has recovered a $26 million wrongful death settlement, multiple trucking recoveries above $11 million, and dozens of other multi-million-dollar results for injured Texans and their families.
If a commercial truck injured you or someone you love, call (210) 941-1306 for a free consultation in English or Spanish. No Cost to You unless we recover money for you.
Prior results described here arose from their own distinct facts and are not a promise of similar outcomes. This page is attorney advertising and does not create an attorney-client relationship; representation begins only upon a signed written agreement.
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Address: 6243 I-10 #801, San Antonio, TX 78201
Contact No: (210) 941-1306