What You Need To Know About Filing A Personal Lawsuit After A Truck Accident In Texas

A personal injury lawsuit after a truck accident in Texas is a civil case filed in court against the driver, the trucking company, or other parties whose negligence caused your injuries. Most Texas truck accident lawsuits must be filed within two years of the crash, and the claim usually involves federal safety rules, commercial insurance policies, and electronic data that a car accident claim does not. Clay Jenkins & Associates has represented injured people from its Waxahachie office since 1948, and this page explains how these lawsuits work, who can be sued, and what can strengthen or weaken your case.

Understanding Personal Injury Lawsuits After Texas Truck Accidents

A truck accident lawsuit asks a Texas court to hold the at-fault parties financially responsible for the harm a commercial vehicle crash caused. The lawsuit is usually filed only after an insurance claim fails to produce a fair settlement, or when the filing deadline is close. Commercial vehicles were involved in 39,393 reported crashes statewide in 2024, according to TxDOT’s Crash Records Information System. In Ellis County, much of that commercial traffic travels I-35E and US 287. Because trucking companies and their insurers often begin building a defense within hours, injured people frequently speak with a truck accident lawyer before deciding whether to file suit. Filing a lawsuit does not mean the case will go to trial, and most cases settle at some point after the petition is filed.

How Truck Accident Lawsuits Differ From Car Accident Claims

Truck accident lawsuits differ from car accident claims in the number of defendants, the amount of insurance coverage, and the regulations that apply. A car accident claim usually involves one driver and one personal auto policy. A truck accident lawsuit may involve the driver, the motor carrier, the company that loaded the trailer, and a maintenance contractor, each with its own insurer and defense lawyer. Under 49 CFR 387.9, most for-hire interstate carriers hauling general freight must carry at least $750,000 in liability coverage. Carriers hauling certain hazardous materials must carry up to $5,000,000. If you were hurt by a passenger vehicle rather than a commercial truck, the process looks more like a standard car accident claim in Texas. Truck cases also tend to involve more severe injuries because a loaded tractor-trailer can weigh 20 to 30 times as much as a passenger car.

Federal and State Regulations That Apply to Texas Trucking Cases

Texas trucking cases are governed by the Federal Motor Carrier Safety Regulations, which set rules for driver hours, licensing, vehicle inspections, drug testing, and recordkeeping. Chapter 644 of the Transportation Code applies many of those federal standards to intrastate carriers, so a truck that never leaves the state can still be held to similar safety rules. The hours of service rules in 49 CFR Part 395 are the ones that come up most often in injury cases. Under the FMCSA’s summary of hours of service regulations, a property-carrying driver may drive up to 11 hours after 10 consecutive hours off duty and may not drive past the 14th hour after coming on duty. The same rules require a 30-minute break after 8 cumulative hours of driving. A violation does not prove fault by itself, but evidence that a driver or carrier broke a safety rule can support a negligence claim when the violation helped cause the crash.

Texas changed trial procedure for these cases in 2021. House Bill 19 added Subchapter B to Chapter 72 of the Civil Practice and Remedies Code, and it lets a trucking company defendant ask the court to split the trial into two phases. The law applies to lawsuits filed on or after September 1, 2021. In the first phase, the jury decides liability and the amount of compensatory damages, and any request for exemplary damages waits for the second phase. If the company stipulates that the driver was its employee acting on the job, claims like negligent hiring or negligent entrustment that depend on the driver’s negligence generally move to the second phase, although claims based on the company’s independent negligence, such as failing to maintain the truck, are not barred.

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Who Can Be Held Liable in a Texas Truck Accident Lawsuit

Liability in a Texas truck accident lawsuit can extend beyond the driver to every party whose negligence contributed to the crash. The parties most often named in a truck accident lawsuit include the following.

• The truck driver, for unsafe driving, fatigue, distraction, impairment, or speeding.
• The trucking company, for the driver’s negligence on the job and for its own failures in hiring, training, supervision, and maintenance.
• Cargo loaders and shippers, when an overweight, unbalanced, or unsecured load caused the truck to tip, jackknife, or spill.
• Maintenance contractors, when a brake, tire, or lighting failure traces back to faulty repair work.
• Vehicle or parts manufacturers, when a defective component failed and caused or worsened the crash.

Naming every responsible party matters because Texas assigns each defendant a percentage of responsibility, and a defendant left out of the case cannot be ordered to pay its share.

The Truck Driver

The truck driver can be held personally liable when careless driving causes a crash. Common examples of driver negligence include following too closely, making an unsafe lane change, driving while fatigued, using a phone, or speeding through a work zone. A driver who violates the hours of service limits or drives under the influence may also face regulatory penalties that become evidence in the civil case. In most lawsuits the driver is sued alongside the employer, because the driver’s personal assets rarely cover the losses from a serious truck crash.

The Trucking Company

The trucking company is usually responsible for its driver’s negligence when the driver was acting within the scope of employment, under a legal rule called respondeat superior. A trucking company can be liable for its own negligence too. Examples include hiring a driver with a poor safety record, pushing schedules that make hours of service violations likely, or skipping required inspections. If the company stipulates under House Bill 19 that the driver was its employee acting within the scope of employment, evidence of its own negligence may be limited in the first phase of trial. The carrier’s own conduct can still be tried, and it often becomes the basis for exemplary damages in the second phase.

Cargo Loaders and Third-Party Contractors

Cargo loaders and third-party contractors can share liability when their work contributed to the crash. Cargo loaders can cause a crash when a shipper overloads a trailer or a warehouse crew fails to secure a load, which can lead to a rollover or a spill on the highway. Third-party maintenance shops may be responsible for brake or tire failures tied to their repairs. These parties often have separate insurance policies, so identifying them can increase the total coverage available for your claim.

Texas Statute of Limitations for Truck Accident Lawsuits

The Texas statute of limitations gives most truck accident victims two years from the date of the crash to file a personal injury lawsuit. If the lawsuit is not filed within that period, the court will almost always dismiss it, regardless of how strong the evidence is. The deadline applies to the lawsuit itself, so ongoing negotiations with an insurer do not pause or extend the limitations period. A Waxahachie personal injury lawyer can calculate your specific deadline and identify any shorter notice requirements that apply to your case. Truck cases take time to investigate, so most attorneys prefer to start well before the deadline approaches.

The Two-Year Filing Deadline Under Texas Civil Practice and Remedies Code

The two-year filing deadline comes from Section 16.003 of the Texas Civil Practice and Remedies Code. The two-year deadline runs from the day the cause of action accrues, which in a truck crash is usually the day of the accident. You can read the full text of Chapter 16 of the Texas Civil Practice and Remedies Code on the Texas Legislature’s website. For a crash on March 10, 2026, the lawsuit would generally need to be filed by March 10, 2028. The same two-year period applies to wrongful death claims, but that clock starts on the date of death rather than the date of the crash.

Exceptions That May Extend or Shorten Your Filing Window

Some circumstances can extend the two-year filing window, and others can shorten the time you have to act. One exception that extends the filing window applies to children. Under Section 16.001, the limitations period for an injured child generally does not begin to run until the child turns 18. Claims against a government entity, such as a city sanitation truck or a county road maintenance vehicle, fall under the Texas Tort Claims Act. That law requires written notice to the government within six months of the incident, and some city charters set even shorter notice periods. Families who lost a loved one should also review the separate rules that apply to wrongful death claims in Texas. Because these exceptions are narrow and fact-specific, it is safer to treat the two-year date as a hard limit unless an attorney confirms otherwise.

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Steps to Take After a Truck Accident to Protect Your Lawsuit

The steps you take in the first days after a truck crash can determine what evidence is available later. Taking these steps in order protects both your health and your claim.

1. Call 911 and get medical care so there is an official crash report and a record of your injuries.
2. Document the scene with photos, video, and witness contact information before vehicles are moved.
3. Record the driver and carrier details, including the USDOT number on the truck’s door.
4. Decline recorded statements to the trucking company’s insurer until you have legal advice.
5. Contact a truck accident attorney who can send preservation letters before data is overwritten.

Call 911 and Seek Immediate Medical Attention

Calling 911 and seeking immediate medical attention after a truck accident starts your record. The 911 call brings police and emergency responders to the scene and creates the Texas Peace Officer’s Crash Report that insurers and courts rely on. Seeking medical care the same day protects your health, because head, spine, and internal injuries are not always painful right away. A medical record created close to the crash also connects your injuries to the collision. If there is a gap between the crash and your first treatment, the trucking company’s insurer may argue that something else caused your injuries.

Document the Scene and Gather Evidence

Documenting the scene of a truck accident preserves details that can disappear within hours. Scene documentation should include photos of all vehicles, skid marks, debris, road conditions, traffic signals, and your visible injuries if you can safely take them. Ask witnesses for their names and phone numbers, because independent testimony carries weight when the driver’s account differs from yours. Nearby businesses and traffic cameras may have recorded the crash, but some systems record over footage within days.

Obtain the Truck Driver’s Information and Carrier Details

The truck driver’s information and the carrier details identify who you may need to sue and which insurance policies apply. Write down the driver’s name, license number, and employer, along with the truck and trailer plate numbers. Photograph the USDOT number painted on the cab, because that number links the truck to a registered motor carrier in the Federal Motor Carrier Safety Administration’s database. If the trailer belongs to a different company than the tractor, note both names.

Avoid Speaking to Insurance Adjusters Without an Attorney

Speaking to the trucking company’s insurance adjuster without an attorney can hurt your lawsuit, because anything you say may be used to reduce or deny your claim. Adjusters often call within days of the crash and ask for a recorded statement. A comment like “I’m feeling okay” or a guess about your speed can later be used to argue that you were not seriously hurt or that you shared the blame. You are not required to give the other side’s insurer a recorded statement, and you can refer the adjuster to your attorney.

Contact a Texas Truck Accident Attorney

Contacting a Texas truck accident attorney early gives the attorney time to preserve evidence that the trucking company controls. A truck accident attorney knows that electronic logging device records, dispatch messages, and maintenance files can be lost or overwritten if no one asks for them. An experienced Texas truck accident lawyer can send a preservation letter that puts the carrier on notice of its duty to keep that evidence. At Clay Jenkins & Associates, the consultation is free and you are not charged a fee unless you recover compensation.

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Key Evidence Needed to Win a Truck Accident Lawsuit in Texas

Winning a truck accident lawsuit in Texas usually depends on evidence that shows what the driver and the carrier did before and during the crash. The most useful evidence often includes the following.

• Electronic logging device data, which records driving time and duty status.
• Engine control module data, which can show speed, braking, and throttle position in the seconds before impact.
• Driver qualification files, which show the driver’s licensing, medical certification, and driving history.
• Hours of service records and dispatch logs, which can reveal schedules that pushed the driver past legal limits.
• Maintenance and inspection records, which can show whether known defects were left unrepaired.
• Dashcam and surveillance video, which can show the moments leading up to the collision.
• The crash report and witness statements, which provide an independent account of what happened.

Much of this evidence is held by the trucking company, which is why preservation letters and discovery requests matter so much in these cases.

Electronic Logging Device and Black Box Data

Electronic logging device data and black box data provide an objective record of how the truck was being driven. An electronic logging device, or ELD, automatically records driving time and duty status, and federal rules generally require carriers to keep these records for six months. The truck’s engine control module, often called the black box, can capture speed, hard braking, and cruise control use around the time of a crash. If ELD data shows the driver was near the end of an 11-hour driving limit, that information can support a fatigue claim. Because six months passes quickly, attorneys usually request this data in the first weeks after a crash.

Driver Qualification Files and Hours of Service Records

Driver qualification files and hours of service records show whether the carrier put a qualified, rested driver behind the wheel. Under 49 CFR 391.51, a motor carrier must keep a qualification file for each driver that includes the employment application, motor vehicle record, road test certificate, and medical examiner’s certificate. Gaps in that file, such as a missing medical certificate or a driving record with prior violations, can support a negligent hiring or negligent entrustment claim against the company. Hours of service records can be compared against fuel receipts, toll records, and delivery times to check whether the logs are accurate.

Texas Modified Comparative Fault and How It Affects Your Case

Texas modified comparative fault allows you to recover damages even if you were partly responsible for the crash, as long as your share of responsibility is not greater than 50 percent. Under Chapter 33 of the Texas Civil Practice and Remedies Code, the jury assigns a percentage of responsibility to each party, including you. Trucking company defense lawyers often argue that the injured driver was speeding, distracted, or driving in the truck’s blind spot, because every percentage point assigned to you reduces what the defendants pay. Under Section 33.013, a defendant found more than 50 percent responsible can be held jointly and severally liable, which means that defendant may be required to pay the full judgment.

The 51 Percent Bar Rule Explained

The 51 percent bar rule means you cannot recover any damages if a jury finds you more than 50 percent responsible for the crash. The 51 percent bar comes from Section 33.001 of the Civil Practice and Remedies Code. At exactly 50 percent responsibility, you can still recover half of your damages. At 51 percent, the claim is barred entirely, so the line between those two findings can decide whether you receive anything at all.

How Shared Fault Can Reduce Your Compensation

Shared fault reduces your compensation by your own percentage of responsibility under Section 33.012. If a jury finds your damages total $500,000 and assigns you 20 percent of the responsibility, the court would reduce the award to $400,000. Insurers apply the same logic in settlement negotiations, so a disputed fault percentage often becomes the main point of disagreement. Evidence such as ELD data, video, and an accident reconstruction can help limit the share of fault assigned to you.

Types of Compensation Available in a Texas Truck Accident Lawsuit

Compensation in a Texas truck accident lawsuit is divided into economic damages, noneconomic damages, and in some cases exemplary damages. The table below shows what each type of compensation covers.

Exemplary damages require clear and convincing evidence, and Section 41.008 caps them at the greater of $200,000 or two times economic damages plus noneconomic damages up to $750,000. Truck crashes often cause serious head injuries, and the long-term costs of a traumatic brain injury can make future medical care and lost earning capacity the largest parts of a claim.

Common Mistakes That Can Hurt Your Truck Accident Lawsuit

Common mistakes after a truck accident can reduce the value of your lawsuit or prevent you from filing one at all. The mistakes that most often weaken a truck accident lawsuit include the following.

• Waiting too long to hire an attorney, which allows evidence to be lost and deadlines to approach.
• Accepting an early settlement before the full extent of your injuries is known.
• Giving a recorded statement to the trucking company’s insurer.
• Skipping or delaying medical treatment, which gives the insurer a reason to question your injuries.
• Posting about the crash on social media, where photos and comments can be used against you.

Waiting Too Long to Hire an Attorney

Waiting too long to hire an attorney after a truck accident can cost you evidence that cannot be replaced. Waiting too long can mean the ELD records are gone, since carriers may keep them for only six months. Video footage may be overwritten in days, and the truck itself may be repaired or returned to service. A delay also shortens the time available to investigate before the two-year filing deadline. Trucking companies often send investigators to the scene within hours, so starting early helps balance the evidence available to each side.

Accepting an Early Settlement From the Trucking Company’s Insurer

Accepting an early settlement from the trucking company’s insurer usually ends your right to seek more money later. A settlement agreement typically includes a release of all claims arising from the crash, so if your injuries turn out to require surgery or long-term care, you generally cannot reopen the case. Early offers are often made before you have finished treatment or know your future medical needs. Before signing anything, ask whether the offer accounts for future medical expenses, lost earning capacity, and pain and suffering.

The Truck Accident Lawsuit Process in Texas: What to Expect

The truck accident lawsuit process in Texas follows a series of stages that begins with filing a petition and ends with a settlement or a verdict. Each truck accident lawsuit moves at its own pace, but most follow this general order.

1. Investigation and demand, when your attorney gathers evidence and presents a settlement demand to the insurers.
2. Filing the petition, which formally starts the lawsuit in a Texas district court.
3. Service and answer, when each defendant is served and files a response.
4. Discovery, when both sides exchange documents, written answers, and deposition testimony.
5. Mediation and pre-trial motions, when the parties attempt settlement and the court rules on legal issues.
6. Trial, if the case does not settle, followed by a verdict and any appeal.

Filing the Petition and Serving the Defendant

Filing the petition starts a truck accident lawsuit and must happen before the two-year limitations period expires. The petition is filed in a district court, such as one in Ellis County for a crash near Waxahachie or one in Dallas County for a crash in the Dallas area. The petition names each defendant, describes how the crash happened, and states the legal claims. Each defendant must then be formally served. Under Texas Rule of Civil Procedure 99, a defendant generally must file an answer by 10 a.m. on the Monday following 20 days after service.

Discovery, Depositions, and Pre-Trial Motions

Discovery is the stage of a truck accident lawsuit when each side can request the other side’s documents, written answers, and sworn testimony. In a trucking case, discovery requests often target ELD data, the driver qualification file, maintenance records, dispatch communications, and the carrier’s safety policies. Depositions allow attorneys to question the driver, company safety managers, and witnesses under oath. Pre-trial motions may ask the court to exclude certain evidence, decide legal issues before trial, or bifurcate the trial under Chapter 72.

Settlement Negotiations vs. Going to Trial

Settlement negotiations continue throughout a truck accident lawsuit, and many Texas courts order the parties to attend mediation before trial. A settlement gives you a guaranteed amount and avoids the time and uncertainty of a trial, but it is usually final once signed. Going to trial puts the decision in the hands of a jury, which may award more or less than the last settlement offer. Your attorney can explain the strengths and risks of each option, but the decision to accept or reject a settlement belongs to you.

How a Texas Truck Accident Attorney Strengthens Your Lawsuit

A Texas truck accident attorney strengthens your lawsuit by securing evidence, identifying every liable party, and presenting damages in a way a jury can understand. Trucking companies and their insurers have legal teams that begin working on a claim almost immediately. An attorney who handles truck crash cases knows which records to request, how federal safety rules apply, and how House Bill 19 may affect the trial. At Clay Jenkins & Associates, two lawyers are assigned to each case along with a paralegal and support staff. The firm’s trucking results include a $1.9 million settlement for a minor with head injuries, a $1 million settlement for an ankle injury, and a $754,000 settlement for a head injury. Each figure is the client’s portion after attorney expenses. 

Investigating the Crash and Preserving Critical Evidence

Investigating a truck crash and preserving critical evidence is often the first job an attorney takes on. Crash investigation can include sending preservation letters to the carrier, inspecting the truck before it is repaired, downloading engine control module data, and hiring an accident reconstruction professional. The attorney may also review the carrier’s safety record in the Federal Motor Carrier Safety Administration’s public databases for past violations or crashes. Evidence collected in the first weeks often determines how strong the liability case will be.

Negotiating Against Large Trucking Company Legal Teams

Negotiating against a large trucking company’s legal team requires evidence, documentation of damages, and a willingness to go to trial if the offer is not fair. Trucking company legal teams and their insurers value a claim based on how it is likely to perform in front of a jury. A well-documented claim that includes medical opinions, wage records, and life care projections gives the insurer less room to discount your injuries. When an insurer will not make a fair offer, the attorney can move the case forward through discovery and trial.

How Long Does a Truck Accident Lawsuit Take to Resolve in Texas?

A truck accident lawsuit in Texas can take months or years to resolve. The timeline depends on the severity of the injuries, the number of defendants, and whether the case goes to trial. Truck accident cases with clear liability and finished medical treatment often settle sooner. Cases involving disputed fault, multiple insurers, or a trial date usually take longer.

Can I Sue the Trucking Company Directly After a Texas Truck Accident?

You can sue the trucking company directly after a Texas truck accident, and the company is usually named as a defendant alongside the driver. The company may be liable for its driver’s negligence on the job and for its own negligence in hiring, training, scheduling, or maintenance. Under House Bill 19, some claims against the company may be tried in a second phase if the company requests a bifurcated trial.

What If the Truck Driver Was an Independent Contractor?

A truck driver’s status as an independent contractor does not automatically shield the trucking company from liability. Federal leasing rules generally require the motor carrier whose operating authority the truck runs under to take responsibility for operating the leased vehicle, so that carrier may still be liable. The contract between the driver and the carrier, the USDOT number on the truck, and how much control the carrier exercised all affect the answer.

How Much Is a Truck Accident Lawsuit Worth in Texas?

The value of a truck accident lawsuit in Texas depends on the severity of your injuries, your medical costs, your lost income, your share of fault, and the available insurance coverage. Truck accident lawsuit values vary widely, and no attorney can honestly promise a specific amount at the start of a case. Serious injuries, permanent impairment, and evidence of gross negligence by the carrier tend to increase a claim’s value.

What If I Was Partially at Fault for the Truck Accident?

You can still recover compensation in Texas if you were partially at fault for the truck accident, as long as your share of responsibility is 50 percent or less. Your award would be reduced by your percentage of fault. If you are found more than 50 percent responsible, Texas law bars recovery.

Can I Still File a Lawsuit If I Already Accepted a Settlement?

Filing a lawsuit after accepting a settlement is usually not possible, because most settlement agreements include a signed release of all claims related to the crash. There are limited exceptions, such as a release obtained through fraud or a settlement that covered only some of the liable parties. Have an attorney review the documents you signed to see whether any claims remain.

Contact Us Today

Contact Clay Jenkins & Associates today if you were injured in a truck accident anywhere in Texas, and the firm will review your case at no cost. The firm has served injured people from its office at 516 W. Main Street in Waxahachie since 1948, with a branch office in Dallas, and Spanish-language services are available. You will not be charged a fee unless you recover compensation. Call (972) 938-1234 at any hour or request your free consultation online to speak with a truck accident lawyer about your options.

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