27 Aug
Truck accidents in Texas are not handled exactly like ordinary car accidents. These cases can involve state negligence law, federal trucking regulations, commercial insurance requirements, trucking-company records, and special Texas procedures that apply specifically to commercial motor vehicle lawsuits.
Because of this, understanding how truck accident law works—and acting quickly to preserve evidence—can be especially important after a serious collision.
Truck Accident Cases Can Involve More Than the Driver
In a typical car accident, the primary question is often whether one driver caused the crash.
A truck accident may involve several potentially responsible parties, including:
- The truck driver
- The trucking or motor carrier company
- The owner of the tractor or trailer
- A maintenance or repair company
- A cargo-loading company
- Other businesses involved in the transportation operation
Texas law can also allow an employer to be held responsible for an employee-driver’s negligence when the driver was acting within the course and scope of employment.
In some situations, a trucking company’s own conduct may also become relevant—for example, negligent maintenance, hiring, training, supervision, or entrustment—if the required legal elements can be proven.
Texas Law Still Requires You to Prove What Caused the Crash
A trucking company violating a safety rule does not automatically make it legally responsible for an accident.
Texas negligence law generally requires proof that the defendant owed a duty, breached that duty, and that the breach actually caused legally recoverable damages.
This became especially important after the Texas Supreme Court’s 2025 decision in Werner Enterprises, Inc. v. Blake. The Court emphasized that negligent conduct must be a substantial factor in producing the accident or injury.
What this means for you: Evidence that a driver was fatigued, improperly trained, speeding, or driving a poorly maintained vehicle becomes much more valuable when it can be directly connected to why the collision happened.
Federal Trucking Regulations Can Be Important Evidence
Commercial trucking is heavily regulated.
Depending on the type of truck and whether it operates interstate or intrastate, federal and Texas rules may govern:
- How long a driver may remain behind the wheel
- Electronic logging devices
- Driver qualifications
- Commercial driver’s licenses
- Drug and alcohol testing
- Vehicle inspection and maintenance
- Cargo and operating requirements
For example, federal hours-of-service rules generally limit how long many property-carrying commercial drivers may drive before required rest periods.
A violation may provide important evidence, but the violation still needs to be connected to the accident itself.
Trucking Companies Hold Evidence You May Never See at the Scene
One of the biggest differences between truck and passenger-car accidents is the amount of evidence that may exist outside the crash scene.
A trucking company may possess:
- Electronic driver logs
- GPS and telematics records
- Dispatch communications
- Dashcam footage
- Engine or braking-system data
- Driver qualification records
- Maintenance and inspection records
- Drug and alcohol testing information
- Bills of lading and cargo records
This information can help determine whether driver fatigue, maintenance failures, improper company practices, or other factors contributed to the collision.
Some Trucking Evidence May Only Be Kept for Months
This is one of the most important things accident victims should understand.
Texas generally provides a two-year limitations period for many personal injury and property damage claims, subject to exceptions. But that does not mean evidence will remain available for two years.
Federal rules generally require many electronic driver logs and related supporting records to be retained for only six months.
Other electronic records or video systems may be overwritten even sooner.
What this means for you: Waiting to investigate a truck accident can result in important evidence disappearing even though the legal deadline for filing a lawsuit has not yet expired.
Texas Has Special Laws for Commercial Truck Accident Lawsuits
Texas House Bill 19 created Civil Practice and Remedies Code Chapter 72, which took effect in 2021 and changed how certain commercial motor vehicle lawsuits are presented.
Among other things, the law can allow qualifying defendants to request a two-phase trial.
Generally, the first phase focuses on questions such as driver liability and compensatory damages. Other issues, including certain exemplary-damage matters, may be addressed separately.
The law also affects when particular trucking-company negligence claims and regulatory violations may be presented to a jury.
This does not mean trucking companies are immune from liability. It means truck accident cases can follow different procedural and evidentiary rules from ordinary passenger-car cases.
Texas Uses a Modified Comparative Fault Rule
Truck accident victims should also understand Texas’ proportionate responsibility system.
Under Texas law, compensation can be reduced if the injured person is found partially responsible for the accident.
If a claimant is found more than 50% responsible, that person generally cannot recover damages under the state’s proportionate responsibility rules.
In a multi-vehicle truck accident, fault may potentially be divided among several people or companies.
Commercial Truck Insurance Can Be More Complicated
Truck insurance is different from a standard personal auto policy.
Many covered interstate commercial carriers are subject to federal minimum financial-responsibility requirements. For example, certain nonhazardous for-hire carriers operating qualifying heavier commercial vehicles generally must maintain at least $750,000 in financial responsibility.
Some hazardous-material operations require significantly higher amounts.
But there is an important distinction:
The federal minimum is not a cap on what a truck accident claim may be worth.
A trucking operation may have primary insurance, excess policies, umbrella coverage, or other applicable insurance.
Texas intrastate carriers can also be subject to different state insurance requirements.
Determining the available insurance often requires identifying exactly which company was operating the truck and what type of transportation operation was involved.
Your Own UM/UIM Coverage May Still Matter
Even in a truck accident case, your own insurance policy should be reviewed.
Uninsured and Underinsured Motorist coverage may become relevant when available third-party insurance is disputed, unavailable, or insufficient to cover the losses involved.
Texas insurers generally must offer UM/UIM coverage unless it is rejected in writing.
This is another reason why a complete investigation should include more than just the commercial driver’s insurance information.
What Compensation May Be Available After a Truck Accident?
Depending on the circumstances and available evidence, Texas law may allow recovery for legally recognized damages such as:
- Medical expenses
- Lost wages or earning capacity
- Vehicle and property damage
- Physical pain
- Mental anguish
- Physical impairment
- Disfigurement
- Other qualifying losses
Serious injury and wrongful-death cases may involve additional categories of damages.
Texas law also allows exemplary damages in certain circumstances, but they are not automatic because a trucking company violated a safety rule. A much higher legal standard generally must be proven.
What Should You Do Immediately After a Truck Accident?
If you are physically able, take the same basic steps you would after any serious crash:
- Seek medical care
- Contact law enforcement
- Photograph the vehicles and accident scene
- Obtain witness information
- Identify the trucking company and truck’s USDOT number
- Keep copies of medical and insurance records
However, truck accidents add another important step:
Carrier-controlled evidence should be addressed as early as possible.
Electronic logs, cameras, maintenance records, dispatch communications, and truck data may become extremely important when determining what caused the crash.
Why Having an Attorney Can Be Especially Important in a Truck Accident
Truck cases often require investigation far beyond what an accident victim can see at the scene.
An attorney can help identify the companies involved, determine applicable insurance coverage, request preservation of electronic and corporate records, review federal and Texas safety requirements, and evaluate which evidence actually connects the trucking operation’s conduct to the collision.
This can be particularly important because the trucking company and its insurer may begin their own investigation immediately after the crash.
How Parks Law Firm Can Help After a Texas Truck Accident
Parks Law Firm helps Texas accident victims navigate the additional complexity that can come with commercial truck accidents.
The firm can assist with accident documentation, communication with insurance companies, identifying the trucking entities and available coverage, coordinating appropriate medical care, and preserving evidence that may be important to the claim.
Truck accident claims can involve information that may not remain available indefinitely. Addressing those issues early can help ensure that important evidence and potential sources of recovery are properly evaluated.
Every case is different, and no specific settlement, recovery, or outcome can be guaranteed.
Important Note
This article is provided for general informational purposes only and does not constitute legal advice. Truck accident claims depend on the specific facts, available evidence, insurance coverage, and the Texas and federal laws applicable to the particular commercial vehicle and transportation operation.
