Texas Truck Accident Lawyer

A collision with an 18-wheeler or other commercial truck can leave a family facing serious injuries while the trucking company and its insurer begin their own investigation. A Texas truck accident lawyer can help preserve the records that matter, identify the companies involved, and explain how a claim works under Texas and federal law.

Hartley Law represents people injured in commercial truck crashes across the DFW Metroplex and throughout Texas. We investigate the carrier, preserve evidence, identify responsible parties, and prepare claims for negotiation or litigation when needed. For local information, visit the Areas We Serve section below.

Texas Truck Accident Claims at a Glance

• Truck accident claims can involve federal motor carrier safety rules that do not apply to ordinary passenger vehicle crashes.
• Responsibility may extend to the driver, motor carrier, cargo company, broker, manufacturer, or maintenance provider.
• Commercial carriers often carry substantially higher insurance limits than individual drivers, with required coverage varying by cargo.
• Electronic logging, vehicle data, and carrier records may be lost or overwritten unless they are preserved promptly.
• Texas generally gives injured people two years to file suit, though certain claims can involve a different deadline.
• Most truck accident claims settle before trial, but thorough litigation preparation can shape how a carrier evaluates the case.

Why Truck Accident Claims Are Different From Car Accident Claims

A truck crash is not simply a car accident involving a larger vehicle. A fully loaded tractor-trailer can weigh up to 80,000 pounds on interstate highways, while a passenger vehicle weighs only a fraction of that amount. The force of impact can lead to severe injuries, extensive medical treatment, and long-term disruption for the people involved.

These cases also tend to involve more than one potential defendant. The driver may have made the immediate error, but the motor carrier, a shipper, a broker, a maintenance company, or a manufacturer may have contributed to the conditions that caused the crash.

Commercial trucking also operates within a detailed safety framework. Federal rules address driving time, driver qualifications, maintenance, alcohol and drug testing, electronic logs, cargo securement, and financial responsibility. Those rules can provide an important record of whether a carrier and driver followed the safety standards that applied to the trip.

The same factors that make a trucking case more complex can create more paths to investigate liability. Larger insurance policies, carrier records, electronic data, and federal safety standards may all become important when establishing what happened and which parties should answer for it.

How Federal Trucking Regulations (FMCSA) Affect Your Claim

The Federal Motor Carrier Safety Administration, known as the FMCSA, regulates many commercial trucking operations in the United States. Interstate motor carriers operating in Texas must follow these federal rules, and Texas applies a commercial-vehicle safety framework to many intrastate operations as well.

The regulations are not just technical requirements for trucking companies. They establish safety duties that can help explain why a crash occurred and whether a carrier placed an unsafe driver or vehicle on the road. Key rules include:

• Hours of service: Property-carrying drivers generally may drive up to 11 hours after 10 consecutive hours off duty, and they may not drive after the 14th consecutive hour after coming on duty. The rules also require breaks and limit cumulative on-duty hours to address fatigue. A log showing excessive driving time can be important evidence in a fatigue-related crash. 49 C.F.R. § 395.3
• Electronic logging devices: Most covered carriers must use electronic logging devices, or ELDs, to record a driver’s duty status. ELD data can show driving time, duty status, vehicle movement, and possible inconsistencies between the carrier’s account and the truck’s electronic record. 49 C.F.R. § 395.8
• Driver qualifications and CDL standards: Carriers must ensure drivers meet licensing, medical, qualification, and background requirements. If a company hires or retains a driver it knew or should have known was unqualified, that decision can support a claim based on negligent hiring, supervision, or retention.
• Drug and alcohol testing: Federal rules require pre-employment, post-accident, random, reasonable-suspicion, return-to-duty, and follow-up testing in defined circumstances. A driver may not perform safety-sensitive duties with an alcohol concentration of 0.04 or higher. 49 C.F.R. Part 382
• Inspection, repair, and maintenance: Drivers and carriers have duties to inspect vehicles and correct safety-related defects. Brake issues, tire failures, lighting problems, and other maintenance failures may point to a preventable breakdown in the carrier’s safety practices.
• Cargo securement: Federal cargo rules govern how freight is loaded, tied down, balanced, and secured. Shifting cargo, overloaded trailers, or spilled freight can turn a manageable driving situation into a serious roadway emergency.
• Weight and size limits: Federal interstate weight limits generally cap a five-axle combination vehicle at 80,000 pounds, subject to specific exceptions and permits. Excess weight can affect braking distance, stability, tire performance, and the severity of a collision.
• Hazardous materials rules: Trucks carrying certain hazardous materials face added requirements for labeling, handling, packaging, routing, and financial responsibility. A crash involving dangerous cargo can create additional safety and liability questions.

A violation of an FMCSA rule does not automatically decide a case, but it can be meaningful evidence of negligence. Reviewing those records helps show whether the crash resulted from a single driving mistake or a larger failure in the company’s safety system. 

Who Can Be Held Liable in a Texas Truck Accident

Truck accident claims often involve several companies with different roles in getting freight from one place to another. Texas law allows an injured person to pursue each party whose negligence contributed to the crash, which is different from a claim focused only on one driver.

Some parties may be directly liable for their own conduct. Others may be legally responsible for the actions of a driver or employee acting within the scope of work, a concept often called vicarious liability or respondeat superior. Depending on the evidence, responsible parties may include:

• The truck driver: A driver may be directly responsible for fatigue, speeding, distraction, impairment, unsafe lane changes, following too closely, or another unsafe driving decision. ELD records, dashcam footage, inspection reports, and witness accounts can help establish what occurred before impact.
• The motor carrier: The trucking company may be responsible for its driver’s actions while the driver is working. It may also face direct claims for unsafe hiring, inadequate training, poor supervision, improper scheduling, or failure to maintain its vehicles.
• The cargo loader or shipper: A company that loaded or secured freight may be responsible when cargo is improperly balanced, overloaded, or inadequately restrained. The precise role of the shipper and loading company depends on the shipping arrangement and the records created for the load.
• The freight broker: A broker may face liability in certain situations if it negligently selected an unsafe carrier. These claims can involve contracts, safety ratings, prior violations, and the degree of control the broker had over the transportation arrangement.
• The truck or parts manufacturer: A defective tire, brake component, steering system, coupling device, or other part may contribute to a crash. Product-liability claims often require a detailed inspection of the vehicle and technical expert analysis.
• The maintenance or repair contractor: A separate company may have inspected, serviced, or repaired the truck before the collision. If that work was performed carelessly or a known safety issue was ignored, the contractor may share responsibility.
• The vehicle owner or lessor: Ownership and lease arrangements can create additional duties and coverage issues. The company listed on the side of the truck is not always the only entity that owned, leased, dispatched, or controlled it.

Finding every responsible party is practical as well as legal. Each party may have separate insurance coverage, which can be especially important when a collision causes serious injuries and substantial losses.

Texas Comparative Fault in Truck Accident Cases

Texas follows a proportionate-responsibility system under Chapter 33 of the Texas Civil Practice and Remedies Code. If an injured person is found more than 50 percent responsible for the harm, Section 33.001 bars recovery from the other defendants. If the person is 50 percent or less responsible, the recoverable damages are reduced by that percentage.

In a truck accident case, a carrier and its insurer may argue that the person in the passenger vehicle caused or contributed to the collision. They may point to speed, lane position, visibility, braking, or another alleged action in an effort to reduce the carrier’s share of fault.

That is why trucking-specific evidence matters. ELD records, electronic control module data, reconstruction analysis, dashcam footage, driver logs, and FMCSA violations can help test whether the carrier’s version matches the facts. A driver’s statement or a preliminary police report may not capture the full picture.

For illustration, if a claim involves $500,000 in damages and an injured person is found 20 percent at fault, the recoverable amount would be reduced to $400,000. If the assigned fault changed to 55 percent, recovery would be barred under Texas law. These are illustrative numbers only, but they show why disputed fault deserves careful investigation.

Evidence in a Truck Accident Case and How It’s Preserved

Much of the evidence in a truck accident case is controlled by the motor carrier rather than the injured person. The company may hold electronic data, driver records, dispatch communications, inspection documents, maintenance files, and onboard video before anyone outside the company ever sees them — and some of it is designed to be overwritten on a schedule, so prompt action matters.

That carrier control makes early identification of records especially important. Two categories of onboard data are often the most revealing and the most perishable: electronic control modules, sometimes called black boxes, may capture speed, braking, throttle position, and other activity in the moments before a crash, while electronic logging device (ELD) records show a driver’s hours, duty status, and movement history. Because these systems can overwrite data over time, the window to preserve them can be short.

The records most often at issue in a trucking claim include:

• Onboard data: Electronic control module (black box) and ELD records capturing speed, braking, hours, and duty status — often overwritten if not preserved quickly.
• Driver records: Driver qualification files, hours-of-service logs, and drug and alcohol testing records that show whether the driver was properly qualified and rested.
• Vehicle records: Inspection reports and maintenance and repair invoices that show whether the truck itself was safely maintained.
• Operational records: Dispatch messages and cargo documents that can reveal scheduling pressure or how the trip was managed.

An attorney can send an evidence-preservation letter putting the carrier on notice to retain these materials. Such a letter does not create evidence that does not exist, but it can help protect important records from being routinely discarded, overwritten, or destroyed while the claim is still being investigated.

What Your Texas Truck Accident Claim May Be Worth

A truck accident claim is valued through evidence of the losses caused by the crash and the proof connecting those losses to the responsible parties. The severity of the injury, the clarity of liability, the available insurance coverage, and the quality of the documentation all affect the claim’s evaluation.

Economic Damages and How They’re Proven

Economic damages are losses that can be supported with documents. Medical bills, treatment records, rehabilitation costs, pharmacy receipts, pay stubs, tax records, employer statements, and vehicle repair records can establish the financial impact of a collision.

Future losses require additional proof. When an injury creates continuing treatment needs or affects a person’s ability to work, medical providers, life-care planners, vocational experts, and economists may help explain future care costs and diminished earning capacity. The purpose is to support projected losses with evidence rather than speculation.

Non-Economic Damages

A serious truck crash can affect far more than a person’s finances. Pain, physical impairment, disfigurement, emotional distress, and loss of enjoyment of life can be part of a claim when the evidence shows how the injury has changed daily living, work, relationships, and independence.

There is no fixed Texas formula for non-economic damages. If a case goes to trial, a jury evaluates the evidence and decides an appropriate amount based on the nature, severity, duration, and lasting effect of the injury.

Exemplary (Punitive) Damages and Texas Caps

Exemplary damages may be available when there is clear and convincing evidence of fraud, malice, or gross negligence. In a trucking case, that might involve evidence that a carrier knowingly allowed an unqualified driver, ignored serious safety violations, or placed an unsafe vehicle into service.

Texas Civil Practice and Remedies Code Section 41.008 generally caps exemplary damages at the greater of $200,000 or two times economic damages plus an amount equal to non-economic damages up to $750,000. For illustration only, $300,000 in economic damages and $500,000 in non-economic damages would produce a $1.1 million calculation under the second part of the statute. Exceptions and case-specific rules can apply.

No number predicts the value of an individual truck accident case. The outcome depends on the injuries, the liability evidence, the available coverage, and the documentation supporting the claimed losses.

How Insurance Works in a Texas Truck Accident

Insurance in a commercial trucking claim is often more layered than insurance in a passenger vehicle claim. The motor carrier may have a primary liability policy, one or more excess policies, and coverage tied to a shipper, broker, owner, or other company involved in the operation.

Federal financial-responsibility rules require many for-hire carriers transporting nonhazardous property in interstate commerce to carry at least $750,000 in public liability coverage. The required minimum rises to $1 million for certain hazardous cargo and $5 million for particularly dangerous hazardous materials. 49 C.F.R. § 387.9

Those minimums are not always the total insurance available. A carrier may have excess or umbrella coverage that applies after the primary policy is exhausted. Identifying all applicable policies requires reviewing the carrier’s role, its contracts, the type of freight, and the other companies connected to the trip.

Carriers and insurers may dispute liability, argue that another driver caused the crash, or resist disclosing all available coverage. A thorough claim investigation includes identifying the policies that may apply and examining whether multiple defendants bring additional insurance into the case.

Texas law also regulates how insurers must handle claims once they are made. The Texas Prompt Payment of Claims Act sets deadlines for an insurer to acknowledge a claim, request the information it needs, accept or reject the claim after receiving that information, and pay a claim it has accepted. When an insurer falls short of those duties, the conduct can rise to bad faith, which may include a failure to reasonably investigate, misrepresentation of policy benefits, or an unfair refusal to pay a covered claim, and a violation may allow a claimant to seek statutory interest, attorney’s fees, or other remedies. The remedy that applies depends on the policy, the insurer’s conduct, and the claim involved. 

The Texas Statute of Limitations for Truck Accident Claims

Truck accident injury claims are governed by the same core deadline as other injury cases: Texas Civil Practice and Remedies Code Section 16.003 sets a two-year period to file a lawsuit, and that clock generally starts on the date of the crash — not the date an insurer finishes its investigation. That two-year window is the baseline, but several circumstances change how it applies:

• The discovery rule: Texas courts apply this narrowly. It may delay the start of the limitations period in limited cases, but it should not be assumed to extend the deadline after a truck crash, even when the full medical impact or the carrier’s conduct becomes clearer over time.
• Minors: The limitations period may be tolled while an injured child is legally under a disability, so a child’s deadline can run differently than an adult’s.
• Wrongful death: A wrongful-death action has its own two-year period that generally runs from the date of death rather than the date of the crash.
• Government claims: When a government vehicle or public entity is involved, the Texas Tort Claims Act generally requires formal notice within six months, and some local entities impose even shorter periods.

That government-notice requirement is the one that most often catches people off guard, because six months can pass long before the two-year lawsuit deadline they’re expecting. Deadlines are case-specific, and missing the applicable one can permanently end a claim, which is why the timing is worth reviewing early rather than assuming an exception will apply.

How a Texas Truck Accident Claim Works, Step by Step

A truck accident claim moves through a recognizable sequence, though the timeline and complexity vary with the carrier involved and the severity of the crash. Knowing the stages helps an injured person see where a claim stands and what still lies ahead.

1. The crash report: Law enforcement may prepare a CR-3 Texas Peace Officer’s Crash Report identifying the vehicles, parties, witnesses, reported injuries, and preliminary contributing factors. It is an important early document, but it may not include the carrier records needed to determine whether a safety violation played a role.
2. The carrier’s investigation: A motor carrier often begins its own investigation immediately after a serious crash. Its representatives may inspect the truck, speak with the driver, collect electronic data, and evaluate the company’s potential exposure — sometimes within hours, and well before the injured person has counsel.
3. Independent investigation and preservation: An injured person’s attorney can conduct an independent investigation and send a prompt preservation demand for the truck, ELD data, driver records, maintenance documents, cargo records, video, and other relevant evidence before it is discarded or overwritten.
4. Medical treatment and MMI: Treatment follows its own timeline. Before a claim can be evaluated fully, the medical team needs time to understand the injury, treatment needs, and any lasting limitations. Reaching maximum medical improvement, often called MMI, gives a clearer view of future care and work-related losses.
5. The demand package: Once the liability evidence and medical documentation are developed, the attorney can prepare a demand package for the appropriate insurers. It explains the accident, identifies the evidence of fault, organizes medical and financial losses, and presents the basis for resolving the claim.
6. Negotiation: Carriers and insurers may dispute fault, argue another driver caused the crash, or question whether the claimed losses are fully supported, and the parties work toward a resolution from there.
7. Litigation, discovery, and trial: If negotiation does not lead to a fair resolution, the case may move into litigation. The parties exchange evidence in discovery, take depositions, participate in mediation, and prepare for trial if the dispute remains unresolved.

One point shapes the entire timeline: settling too soon can close a claim before future treatment costs or long-term impairment are known. An early offer may cover current bills while leaving no room for the care, wage loss, or physical limitations that only become clear later, which is why the medical picture usually needs to be understood before a claim is resolved.

That same logic explains why litigation readiness matters even when a case never reaches a courtroom. Most claims settle before trial, but a carrier’s settlement evaluation is influenced by the cost and risk of continuing the dispute, so a claim developed with trial in mind is often the one that resolves fairly.

What Litigation Involves If Your Truck Accident Case Doesn’t Settle

A lawsuit begins with a petition filed in court that identifies the parties, explains the legal claims, and requests relief. The defendants may include the driver, motor carrier, and other companies whose conduct contributed to the crash.

Discovery is often especially detailed in commercial trucking cases. Attorneys may take depositions of the driver, safety director, dispatch personnel, mechanics, and company representatives. They may also use interrogatories and requests for production to obtain ELD data, qualification files, inspection and maintenance records, safety policies, cargo documents, training materials, and communications related to the trip.

Experts often play an important role. Accident reconstruction specialists can analyze how the crash happened, trucking-safety experts can explain industry practices and regulatory compliance, medical experts can address injuries and treatment, and economists can evaluate future financial losses.

Mediation gives both sides an opportunity to resolve the dispute with the help of a neutral third party. If the case proceeds to trial, a jury may decide contested questions about fault, damages, and responsibility. Commercial trucking litigation can take one to two years or longer, depending on the evidence, parties, experts, and court schedule.

How to Choose a Texas Truck Accident Lawyer

Truck accident claims can require significant resources before a case ever reaches trial. A contingency-fee arrangement usually means the attorney’s fee is paid from a recovery rather than upfront, but it is still important to ask how case costs are handled, whether the firm advances litigation expenses, and how expert fees may be addressed.

When comparing firms, ask about experience handling commercial trucking cases, trial work against carriers and insurers, current caseload, and the ability to fund expert-heavy litigation. A lawyer who routinely handles ordinary car crash claims may not have the same familiarity with ELD data, federal safety records, carrier policies, and the companies that control them.

Hartley Law helps injured Texans understand the evidence, defendants, and deadlines that may affect a truck accident claim. We take time to review the circumstances of the crash and explain the available legal options before a client decides how to move forward.

Texas Truck Accident Statistics

Texas roads showed an overall improvement in 2025, but serious traffic crashes remain a statewide concern. TxDOT reported 3,769 traffic deaths in 2025, a 9.38 percent decline from the 4,159 deaths reported in 2024 in the same comparison data. The 2025 death rate was 1.20 deaths per 100 million vehicle miles traveled, even as Texans drove a record 314.006 billion miles. TxDOT’s 2003 to 2025 comparison provides the statewide context.

Commercial motor vehicles remain involved in a substantial number of Texas crashes. In 2024, TxDOT reported 39,393 commercial-motor-vehicle-involved crashes statewide, including 546 fatal crashes, 608 deaths, and 1,601 suspected serious injuries. TxDOT’s 2024 commercial motor vehicle crash report measures those crashes at the crash level.

Truck-tractor and semi-trailer units also appear frequently in severe crashes. TxDOT’s separate 2024 vehicle body-style data reported 430 fatal crashes involving truck-tractor and semi-trailer units and more than 26,000 such vehicles involved in crashes statewide. These measures are distinct from the commercial-motor-vehicle crash totals and should not be treated as interchangeable.

The data does not tell the story of any one collision. It does show why truck crashes require close attention to the evidence, regulations, and companies involved.

Areas We Serve

Hartley Law represents truck accident victims across the DFW Metroplex and surrounding Texas communities. Visit the page for your city to learn more about local truck accident claims: 

• Dallas
• Arlington
• Carrollton
• Denton
• Flower Mound
• Fort Worth
• Frisco
• Garland
• Grapevine
• Lewisville
• Plano
• Richardson
• Southlake

Talk to a Texas Truck Accident Lawyer About Your Case

Truck accident claims involve federal safety rules, commercial records, multiple possible defendants, and deadlines that can affect what happens next. If you want to speak with a Texas truck accident lawyer about your situation, contact Hartley Law for a free consultation.

We can review the circumstances of the crash, identify the parties that may be responsible, and explain the options and deadlines that may apply to your claim.

Frequently Asked Questions About Texas Truck Accident Claims

Why are truck accident claims more complex than car accident claims?

Truck accident claims often involve federal safety regulations, multiple companies, larger insurance policies, and specialized records that do not exist in a typical car crash. The evidence and legal issues may extend well beyond the truck driver’s actions. 

What is the FMCSA and why does it matter to my claim?

The FMCSA is the federal agency that regulates many commercial trucking operations. A violation of its rules can provide important evidence that a driver or carrier failed to follow a safety duty. 

Who can be held responsible besides the truck driver?

Depending on the facts, responsible parties may include the motor carrier, cargo loader, broker, vehicle or parts manufacturer, maintenance provider, owner, or lessor. Identifying all responsible parties may also reveal additional insurance coverage. 

How much insurance is a commercial truck required to carry in Texas?

Federal minimum coverage is generally $750,000 for many nonhazardous interstate freight carriers and can rise to $5 million for certain hazardous materials. A carrier may also have excess or umbrella coverage above those required limits. 

What evidence matters most in a truck accident case, and can it be lost?

ELD data, electronic control module information, driver logs, maintenance records, and carrier communications can be critical. Some electronic and company records may be overwritten or routinely discarded, which is why prompt preservation is important. 

How long do I have to file a truck accident claim in Texas?

Texas generally allows two years from the date of the crash to file a personal injury lawsuit. Government-related claims can have a much shorter notice requirement, and different rules may apply when a minor or wrongful death claim is involved. 

What if the truck driver was an independent contractor?

The motor carrier may still be responsible depending on the level of control it exercised and its own hiring, supervision, or safety duties. Independent-contractor status does not automatically end the analysis.