Attorneys reviewing Texas truck accident cases
On this page
- Key Texas rules
- Where do Texas truck crashes happen most?
- Who can be held responsible in a Texas 18-wheeler case?
- What federal and Texas rules apply to trucks?
- How does the 51% bar change a truck accident recovery?
- What are the deadlines in a Texas truck case?
- What if you were working when the truck crash happened?
- Common truck accident cases
- Attorneys reviewing these cases
- Frequently Asked Questions
Key Texas rules for truck accident claims
- Personal injury filing deadline
- 2 years
- Fault rule
- Modified comparative fault (51% bar)Your award is reduced by your share of fault, and you cannot recover anything if you are found more than 50% at fault (51% or more).
- Claims against a government entity
- Shorter notice deadlineThe Texas Tort Claims Act generally requires notice within 6 months, and some cities require notice sooner.
Where do Texas truck crashes happen most?
Texas truck crashes concentrate on its major freight corridors, around the ports and in the oilfields. Each setting produces different kinds of crashes and evidence.
Laredo is one of the country's busiest land ports, and freight from Mexico moves north on I-35 through San Antonio, Austin and Dallas-Fort Worth. I-10 runs from El Paso to Houston and Beaumont, linking rail yards, refineries and the Gulf Coast ports. I-45 carries freight between Houston and Dallas, and I-20 crosses West Texas. In the Permian Basin and Eagle Ford regions, sand haulers, water trucks and tankers share two-lane highways with pickups and passenger cars, and fatigue is a constant problem.
Who can be held responsible in a Texas 18-wheeler case?
Responsibility often spreads across several companies. Texas juries assign a percentage of fault to each one, so identifying every party affects how much you recover.
- The driver and the motor carrier that operated the truck.
- A broker that hired a carrier with a poor safety record.
- The shipper or loader responsible for weight and securement.
- A maintenance shop, tire supplier or parts maker.
- In oilfield cases, the operator or contractor that set the schedule or the route.
A defendant found more than 50 percent responsible can generally be held jointly liable for the full damages, which matters when another defendant has little insurance. Defendants may also try to blame non-parties as responsible third parties. Investigating every company early keeps the percentages honest.
What federal and Texas rules apply to trucks?
Interstate carriers must follow federal rules on hours of service, driver qualification, inspections and electronic logging. Texas applies its own safety rules to many trucks that operate only within the state.
The rules create records: electronic logs, inspection reports, drug and alcohol testing results, and maintenance files. Engine control modules record speed and braking. Many carriers also use forward-facing and driver-facing cameras. Some intrastate and oilfield operations follow different hours rules, so the type of trip and cargo must be confirmed. Our team sends a preservation letter right away so this data is not overwritten or discarded.
How does the 51% bar change a truck accident recovery?
Texas reduces your award by your share of fault and bars recovery above 50 percent. In truck cases, carriers often argue that the car driver lingered in a blind spot or cut in too close.
Here is an example. A driver on I-10 near Katy is hit when a tractor-trailer changes lanes into her car. Damages total 600,000 dollars. The carrier says she was speeding and sitting beside the trailer.
- If the jury assigns her 10 percent, she recovers 540,000 dollars.
- If the jury assigns her 51 percent, she recovers nothing.
Camera footage from the truck usually shows exactly where her car was, which is why it must be preserved before the carrier's retention period runs out.
What are the deadlines in a Texas truck case?
Most Texas truck accident lawsuits must be filed within 2 years. If the truck belonged to a city, county or state agency, written notice is generally due within 6 months, and some cities require notice sooner.
Two years sounds long, but the most important evidence is at risk in the first weeks. Expert reconstruction, carrier discovery and medical evaluation of long-term injuries also take months, so starting early leaves room to build the case properly rather than rushing to file. When a crash is fatal, the family's claim also generally has 2 years, as explained on our Texas wrongful death page.
What if you were working when the truck crash happened?
If you were on the job, workers' compensation may cover some losses, and you may still have a claim against the trucking company. Workers whose employer does not carry workers' compensation may also be able to sue the employer directly.
That situation is common in oilfield and construction work, where employees drive company vehicles near heavy trucks. Our workplace and construction injuries page explains how those claims overlap.
- Get medical care and keep every record.
- Note the carrier name, truck number and USDOT number.
- Decline recorded statements to the carrier's insurer.
- Talk with our team before evidence is lost.
Our national truck accident page covers federal trucking rules in more depth, and our Texas injury law hub explains the state's broader rules. We offer a free case review, and no fee unless we win.
Attorneys reviewing Texas truck accident cases
Frequently Asked Questions
Can I sue the oil company if an oilfield truck hit me in West Texas?
Possibly. The company that hired the trucking contractor, set its schedule or controlled the work may share responsibility, depending on how much control it had. The trucking contractor and its driver are the usual starting point. Contracts, dispatch records and job site rules help show who controlled the trip. These claims generally must be filed within 2 years.
The truck was registered in Mexico. Can I still bring a claim in Texas?
Often, yes. Mexican carriers operating in the United States must meet federal requirements, including insurance, and a crash on a Texas highway is generally governed by Texas law. Collecting from a foreign carrier can raise practical challenges, so identifying every insurer and every U.S. company involved, such as brokers or shippers, is especially important.
What does joint and several liability mean in a Texas truck case?
In Texas, a defendant found more than 50% responsible can generally be required to pay the full amount of damages, not just its share. Defendants at or below 50% usually pay only their own percentage. This makes the fault split between a driver, carrier and other companies very important when one party has limited insurance.
How long does a Texas trucking company have to keep its driver logs?
Federal rules require carriers to keep hours-of-service records only for a limited period, and some electronic data is overwritten even sooner. Camera footage may be kept for days or weeks. A preservation letter sent soon after the crash puts the company on notice to keep this evidence, and a court can respond if it is later destroyed.
General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.