Texas Truck Accident Laws Explained: FAQs Every Victim Should Know

One moment you’re driving down a Texas highway — the next, an 18-wheeler changes everything. In an instant, your life is turned upside down. The pain, confusion, and questions come all at once: Who’s responsible — the truck driver, the company, or someone else? What do Texas truck accident laws actually say? How do you even begin to recover?

Truck crashes in Texas leave more than just wrecked vehicles — they leave families struggling to rebuild their lives. Between mounting bills, stubborn insurance companies, and complicated laws, finding answers can feel impossible. This guide breaks it all down simply and clearly, helping you understand your rights, your options, and the hope that still exists after a devastating truck accident.

What should I do right after a truck accident?

The moments following a truck crash can be overwhelming. Your priority should always be safety and medical care.

1. Call 911 immediately, even if the incident seems minor. A police report is vital for insurance and any future legal claims.
2. Get medical attention right away. Even if you feel okay, some injuries take time to show symptoms.
3. Exchange information with the truck driver and any other parties involved.
4. Take some pictures and videos of where the accident occurred, your injuries, and vehicle damage.
5. Avoid admitting fault or making statements to insurance companies without legal advice.

Many people choose to consult with a truck accident lawyer in Texas early on to ensure their rights are protected.

How long do I have to file an Accident claim in Texas?

For personal injury cases, including truck accidents, Texas has a two-year statute of limitations.

This timeframe can seem long, but investigations, medical treatments, and insurance negotiations can be time-consuming. Waiting too long can hinder the gathering of evidence and the building of a strong case.

If you’re wondering, “How long after an accident can you file a claim with your insurance?” Most policies require you to report it as soon as possible. Check your policy for the exact deadline.

Who is liable in a truck accident?

Establishing liability in a trucking accident is not always simple. Unlike car accidents involving just two drivers, truck accidents often involve several parties. Liability can fall on:

1. The truck driver (for negligent driving)
2. The trucking company (for unsafe policies or poor maintenance)
3. A cargo company (for improper loading)
4. A parts manufacturer (if a mechanical failure caused the crash)

Texas uses comparative negligence laws, which means that more than one party can be held responsible for the accident. Even the injured person can share a portion of the fault. If you are less than 51% at fault, you may still be eligible to recover losses; however, your percentage of the fault will reduce your compensation.

What is the legal definition of a car accident versus a truck accident?

While a car accident typically involves passenger vehicles, a truck accident usually involves large commercial vehicles, such as 18-wheelers, semi-trucks, or delivery trucks. Given their size and weight, truck crashes mainly result in more serious injuries, damages, and higher settlement amounts.

The legal process for truck accident claims can also be more complex because federal and state regulations apply to trucking companies.

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How long does a truck accident lawsuit take?

There’s no exact timeline for how long a truck accident lawsuit takes. Some cases settle in a few months, while others can take a year or more.

The timeline depends on several factors, including:

1. The severity of the injuries
2. The complexity of the case
3. How many parties are involved
4. If the insurance company is willing to negotiate fairly

If the case goes to trial, it will naturally take longer. Many people work with a Texas truck accident attorney to make the process smoother and avoid unnecessary delays.

What types of compensation can I expect to receive after a trucking accident?

The goal of truck accident compensation is to assist victims in recovering financially and emotionally from the losses they incur. Common types of damage include:

1. Medical expenses: hospital stays, surgeries, rehabilitation, medications.
2. Lost wages: if you can’t work because of your injuries.
3. Pain and suffering: for the physical/emotional toll of the accident.
4. Property loss/damage: repairs or replacement of your vehicle.
5. Future medical costs or lost earning capacity: if your injuries have long-term effects.

Depending on the circumstances, punitive damages may also be awarded if the truck company or driver acted recklessly.

How much is the average settlement for a truck accident in Texas?

Settlement amounts can vary significantly depending on the severity of the injuries and who is at fault. While some truck accident settlements are modest, others — especially 18-wheeler accident settlements or big truck accident settlements — can be significant.

A few key factors that affect the value of your claim:

1. The extent of medical treatment needed
2. Long-term impact on your life or ability to work
3. Fault and liability
4. Available insurance coverage

Do you have to file a claim after an accident?

Yes, if you want to recover damages, you generally need to file a claim — either with the insurance company or through a lawsuit.

Not filing a claim could mean giving up your right to compensation. If you’re unsure where to start, a truck injury lawyer in Texas can help you handle the paperwork and negotiations with insurers.

How long do I have to report an insurance claim?

Each insurance company sets its own deadlines for reporting accidents. Many require immediate notification or reporting within a few days of the crash.

Even if your injuries seem minor, it’s best to report the accident as soon as you can. Late reporting can give the insurance company a reason to deny your claim.

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What is Texas’s comparative negligence rule?

Texas follows a comparative negligence law. This means your compensation can be reduced if you’re partially at fault for the accident.

For example:

1. If you’re found 20% at fault, your settlement will be reduced by 20%.
2. If you’re more than 50% at fault, you won’t be able to recover damages.

This is why determining fault accurately is so important in truck accident cases.

How much do injury lawyers get paid?

Most personal injury attorneys operate on a contingency fee basis. This means:

1. You don’t pay anything up front.
2. The attorney takes a share of your settlement or court award if you win.
3. If you don’t win, you typically don’t owe attorney’s fees.

The exact percentage varies, but it’s often between 30% and 40%. It’s a good idea to discuss fees clearly before signing any agreements.

Do I need a lawyer for a truck accident?

Technically, you can file a claim without an attorney. But truck accident cases are often complicated. Multiple parties may be facing liability, and insurance companies are known to contest payouts vigorously.

Having an experienced truck accident lawyer in Texas on your side can help ensure you’re not taken advantage of. They can:

1. Investigate the crash thoroughly
2. Gather and preserve evidence
3. Negotiate with insurance companies
4. Represent you in court if needed

This can make a big difference in the outcome of your claim.

What happens if the trucking company denies fault?

It’s common for trucking companies or their insurers to deny responsibility or blame the victim. If this happens, don’t panic. A trucking accident attorney can investigate and build a strong case.

This often involves:

1. Reviewing police reports and driver logs
2. Examining black box data from the truck
3. Interviewing witnesses
4. Hiring accident reconstruction experts

Substantial evidence can make it difficult for the company to avoid accountability.

Can I still pursue a claim if I was partly at fault?

Yes, under Texas comparative negligence laws, you can still file a claim as long as you were less than 51% responsible.

Your percentage of the fault will affect your compensation. For example, if your damages are $100,000 and you’re 30% at fault, you would still receive $70,000.

How do truck accident settlements work?

Many truck accident lawsuit settlements happen out of court. The process usually involves:

1. Filing a claim with the insurance company.
2. Negotiating a fair settlement amount.
3. Signing a release form once both parties agree.

If negotiations fail, your legal representative may file a lawsuit on your behalf. Some cases proceed to trial, but many are resolved before reaching that stage.

What is the difference between a truck accident and a car accident claim?

Truck accidents often involve bigger insurance policies, more severe injuries, and multiple responsible parties. There are also federal trucking regulations that may apply.

This makes truck accident claims more complex than regular car accident claims, which is why many victims turn to experienced truck accident attorneys for help.

How can I choose the best lawyer for my case?

Choosing the best Texas truck accident lawyer for your situation can make a big difference in your results. Here are a few tips:

1. Look for an expert with experience handling truck accident cases specifically.
2. Check their success rate in terms of settlements and verdicts.
3. Ask about their fee structure and communication style.
4. Read reviews or ask for references.

A good lawyer should make you feel informed and supported throughout the process.

Conclusion

A Texas truck accident can leave lasting scars — physically, emotionally, and financially. When you know your rights and how the legal process works, it’s easier to make wise choices.

Whether you’re dealing with truck accident insurance claims, negotiating a truck accident settlement, or preparing for a truck accident lawsuit, getting the right guidance matters.

While every case is different, having a trusted Texas truck accident attorney on your side can give you the confidence and support you need to move forward.

Paul Gwajime

Certified tech nerd 🤓 and researcher. I split my time between digging into gadgets ⚙️ and decoding the legal landscape of transportation safety ⚖️.

When I’m not focused on consumer rights, you can find me lifting weights 🏋️‍♂️, gaming 🎮, reading 📚, or vibing with the crew 🤘.

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