Texas Truck Accident Law: Deadlines, Liability, and Your Legal Rights

Truck accidents in Texas are among the most devastating types of roadway crashes. With tens of thousands of commercial trucks crossing the state’s highways daily, the potential for catastrophic injuries and complex legal disputes is high. Understanding Texas truck accident law, including the deadlines, liability, and legal rights involved, is essential for any victim or family seeking justice.

This guide breaks down every major element of Texas truck accident law, offering clarity on what victims should know and how the legal process works.

Brief Overview of Truck Accidents in Texas

Texas consistently ranks among the states with the highest number of commercial truck crashes in the U.S. According to data from the Texas Department of Transportation (TxDOT), over 22,000 significant truck accidents occur each year, leading to thousands of serious injuries and hundreds of fatalities.

What Vehicles Are Considered Trucks?

Under Texas law and federal definitions, “trucks” include:

• 18-wheelers and semi-trailers

• Tanker trucks

• Dump trucks

• Delivery trucks and box trucks

• Flatbeds and heavy haulers

Each vehicle type is subject to both Texas transportation laws and Federal Motor Carrier Safety Regulations (FMCSA).

Importance of Knowing Your Rights

Truck accident victims face insurance companies, corporate lawyers, and multiple parties trying to minimize liability. Knowing your rights ensures you can act quickly and make informed decisions to protect your compensation.

The Complexity of Commercial Truck Laws

Truck accident cases involve layers of state and federal regulations. Victims often deal with:

• Multiple liable parties (driver, carrier, manufacturer)

• Commercial insurance adjusters

• Evidence stored in electronic logging devices (ELDs)

• Legal deadlines that vary by case type

Statute of Limitations in Texas Truck Accident Cases

General Deadlines for Injury and Wrongful Death Claims

Under Texas Civil Practice and Remedies Code §16.003, you generally have two years from the date of a truck accident to file a personal injury or wrongful death lawsuit.

When the Clock Starts Ticking

The statute of limitations begins on the date of the accident or the date of death (in wrongful death cases). Once that time passes, victims lose their right to file a lawsuit.

Exceptions to the Rule

Some exceptions may extend or delay the filing period:

• Victim is a minor or incapacitated

• Defendant leaves the state after the accident

• Accident involves a government-owned truck, requiring a notice of claim within six months under the Texas Tort Claims Act

Why Timing Is Critical

Trucking companies often preserve evidence only for a limited time. Acting fast ensures that critical records—such as maintenance logs, dashcam footage, and black box data—are not lost.

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Liability in Texas Truck Accidents

Who Can Be Held Liable

Liability in a Texas truck accident can extend to:

• The truck driver (for negligent or reckless operation)

• The trucking company (for poor supervision or unsafe practices)

• The vehicle or parts manufacturer (for defective equipment)

• The cargo loader or shipper (for improper loading)

• Third-party maintenance contractors

Vicarious Liability and Employer Responsibility

Under the doctrine of respondeat superior, employers are legally responsible for the negligent actions of their employees performed during the course of employment. Trucking companies can also face direct negligence claims for unsafe hiring, poor training, or failure to maintain vehicles.

Multiple Defendants in a Single Claim

Truck accident lawsuits often name multiple defendants, which can complicate settlement negotiations. Each defendant may have separate insurance coverage and defense counsel.

Evidence That Strengthens Your Case

Winning a truck accident claim requires substantial evidence. Common forms include:

Dashcams

Video footage from vehicles or nearby surveillance cameras can establish fault and disprove false claims.

Black Box (ELD) Data

Most commercial trucks are equipped with electronic logging devices that record:

• Speed

• Braking activity

• Hours of service

• Engine status and GPS location

Driver Logs & Inspection Records

Federal law requires trucking companies to maintain driver logs, maintenance reports, and inspection records for limited periods. These can prove violations of FMCSA regulations.

Eyewitness Statements and Police Reports

Neutral witnesses and official crash reports from TxDOT can strengthen liability claims and help reconstruct the event timeline.

Legal Differences Between Truck and Car Accidents

Truck accidents differ from passenger car collisions in several critical ways:

Federal Regulations (FMCSA)

Truck drivers and companies must follow FMCSA safety standards, including:

• Hour-of-service limits

• Weight and cargo restrictions

• Regular vehicle inspections

Bigger Damages and Higher Insurance Limits

Federal law requires commercial trucks to carry minimum liability coverage of $750,000 or more — significantly higher than standard auto insurance.

More Severe Injuries

Due to the size and weight of commercial trucks, crashes often result in catastrophic injuries like spinal damage, amputations, or fatalities.

More Complex Investigations

Multiple insurers, legal teams, and agencies (such as FMCSA or TXDOT) may be involved, leading to longer and more detailed investigations.

Negligence & Comparative Fault in Texas

Texas 51% Bar Rule

Texas applies a modified comparative negligence system under §33.001. Victims can recover damages only if they are less than 51% at fault.

Partial Fault and Its Effect on Compensation

If you’re partially responsible, your compensation is reduced by your percentage of fault.
Example: If awarded $200,000 but found 20% at fault, you’d receive $160,000.

How Fault Is Determined in Multi-Vehicle Accidents

Police reports, forensic reconstruction, and ELD data often determine comparative fault. Trucking companies may attempt to shift blame, making early legal representation vital.

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Your Legal Rights After a Truck Accident

Right to Legal Representation

You have the right to hire an attorney who specializes in Texas truck accident law to protect your interests against corporate insurers.

Right to Fair Compensation

Victims can seek full compensation for both economic and non-economic damages caused by negligence.

Right to Refuse Initial Settlement Offers

Insurers often make low initial offers. Victims are not required to accept these and may pursue full compensation through negotiation or litigation.

When to Sue

If settlement talks stall or evidence shows gross negligence, your attorney may file a personal injury or wrongful death lawsuit in Texas civil court.

Steps to Take After a Truck Accident

1. Get Medical Help – Always seek immediate medical attention, even for minor symptoms.

2. Report the Accident – Contact local police and request a TxDOT crash report.

3. Gather Evidence – Take photos, note witness details, and document vehicle positions.

4. Contact a Lawyer Before the Insurance – Speak to a truck accident attorney before giving any recorded statement to insurance adjusters.

Compensation in Texas Truck Accident Cases

Victims of truck accidents can recover compensation through two main categories:

Economic Damages

• Medical bills and rehabilitation

• Lost income and reduced earning capacity

• Property repair or replacement

Non-Economic Damages

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

Punitive Damages

When trucking companies or drivers act with gross negligence, Texas courts may award punitive damages to punish and deter similar behavior.

Resources and Legal Help for Truck Accidents in Texas

Truck accident laws in Texas are governed by state and federal regulations, but local resources and procedures vary by city.
To make things easier for victims and families, we’ve created city-by-city legal resource guides covering crash reports, police departments, TxDOT regional offices, and local legal aid organizations.

You can explore the resources below to find help nearest to you:

• Houston Truck Accident Legal Resources
• Dallas Truck Accident Legal Resources
• San Antonio Truck Accident Legal Resources
• Fort Worth Truck Accident Legal Resources
• Austin Truck Accident Legal Resources
• El Paso Truck Accident Legal Resources
• Arlington Truck Accident Legal Resources
• Corpus Christi Truck Accident Legal Resources

Each of these guides lists where to file crash reports, contact local law enforcement, locate TxDOT field offices, and connect with trusted Texas truck accident attorneys serving your city.

Frequently Asked Questions (FAQs)

Paul Gwajime

Certified tech nerd 🤓 always digging into gadgets to see what makes them tick.

When I’m not geeking out, I’m either exploring the legal landscape, lifting weights 🏋🏾‍♂️, gaming 🎮, reading 📚, or vibing with the crew 😂.

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