Texas runs on trucks. Box trucks deliver to grocery stores in every town, dump trucks and cement mixers keep construction moving, and tanker trucks serve the refineries and terminals along the Gulf Coast. In the Coastal Bend, the Port of Corpus Christi, the nation’s leading gateway for crude oil exports, draws steady commercial traffic onto Interstate 37, State Highway 44, and US 77.
With that much heavy traffic on the road, crashes are inevitable. When a commercial truck hits a passenger vehicle, the first question most families ask is simple: who pays for this? The answer in Texas is often more complicated than it is after a crash between two cars. This guide walks through the types of truck crashes, the parties who may share responsibility, and the damages Texas law allows injured people to recover.
What counts as a truck accident under Texas law?
There is no single legal definition. In practice, a truck accident claim usually involves a commercial vehicle used for business, and that category is broader than most people realize. Common examples include:
- Tractor-trailers and 18-wheelers hauling freight.
- Box trucks and delivery vans used by retailers and parcel services.
- Dump trucks, gravel haulers, and cement mixers on construction sites.
- Tanker trucks carrying fuel, chemicals, or crude oil.
- Tow trucks, garbage trucks, and utility vehicles.
- Pickup trucks pulling commercial trailers for contractors or oilfield service companies.
Each type of vehicle raises different safety issues. A cement mixer has a high center of gravity and a shifting load. A delivery van driver may be rushing to meet a quota. A tanker that rolls over can spill hazardous cargo across several lanes. The type of truck often shapes how a crash happened and who is responsible for it.
Who can be held liable for a truck accident in Texas?
The truck driver is the obvious starting point, but the driver is rarely the only party with responsibility. Texas law allows injured people to pursue every party whose negligence contributed to the crash.
The employer. Under a legal principle called respondeat superior, an employer is generally responsible for the negligence of an employee acting within the course and scope of the job. If a delivery driver runs a red light while making deliveries, the company that employs the driver can be liable for the resulting injuries.
The company itself, for its own mistakes. Beyond responsibility for the driver’s actions, a company can be directly liable for negligent hiring, training, supervision, or retention. Hiring a driver with a history of crashes, skipping required drug tests, or pressuring drivers to ignore rest breaks are all examples.
The owner of the truck or trailer. Some carriers lease equipment from other companies. An owner who fails to maintain brakes, tires, or lighting can share responsibility.
The shipper or loader. Cargo that is overloaded, unbalanced, or poorly secured can shift in a turn and cause a rollover or a dangerous jackknife truck accident. The company that loaded the cargo may be responsible for that failure.
Maintenance contractors and manufacturers. A repair shop that performed faulty brake work, or a manufacturer that sold a defective tire or steering component, can also be held accountable.
Identifying every responsible party matters because each one may carry separate insurance. In a serious injury case, a single policy may not be enough to cover lifetime medical care and lost earnings.
How does fault work when more than one party is responsible?
Texas uses a system called proportionate responsibility, found in Chapter 33 of the Texas Civil Practice and Remedies Code. A judge or jury assigns a percentage of fault to each party involved in the crash, including the injured person.
Two rules come out of that system. First, an injured person can recover damages only if their share of fault is 50 percent or less. Second, the recovery is reduced by that percentage. For example, if a jury awards $100,000 and finds the injured driver 10 percent at fault, the recovery becomes $90,000.
Trucking companies and their insurers understand this system and frequently argue that the other driver was speeding, distracted, or merging carelessly. Strong evidence, gathered early, is the best way to keep blame where it belongs.
What compensation is available after a truck accident in Texas?
Texas law recognizes several categories of damages.
Economic damages cover measurable financial losses, including:
- Hospital bills, surgery, rehabilitation, and future medical care.
- Lost wages and reduced ability to earn a living.
- Property damage to your vehicle and personal belongings.
- Out-of-pocket costs such as travel to medical appointments.
Non-economic damages compensate for losses that do not come with a receipt, such as physical pain, mental anguish, disfigurement, physical impairment, and loss of enjoyment of life.
Exemplary damages, sometimes called punitive damages, may be available when a defendant acted with gross negligence, malice, or fraud. A trucking company that knowingly kept a dangerous driver on the road could face this kind of claim. Texas caps exemplary damages under Section 41.008 of the Civil Practice and Remedies Code.
When a truck crash takes a life, Texas law allows certain family members to bring a wrongful death claim, and the estate may bring a separate survival claim for losses the person suffered before death.
What should you do after a crash with a commercial truck?
The steps you take in the first few days can make a real difference in the outcome of a claim.
- Get medical care. Call 911 and see a doctor promptly, even if you feel fine. Some serious injuries do not show symptoms right away.
- Document the scene. Photograph the truck, the company name and USDOT number on the door, the license plates, damage, and road conditions.
- Collect information. Get names and phone numbers from the driver and any witnesses, and ask for the police report number.
- Be careful with insurers. Trucking insurers often contact injured people within days. Avoid recorded statements and quick settlement offers until you understand the full extent of your injuries.
- Preserve evidence. Keep damaged property, medical records, and bills. An attorney can send a preservation letter that requires the trucking company to keep driver logs, dash camera footage, and electronic data.
How long do you have to file a truck accident claim in Texas?
The general deadline for a personal injury lawsuit in Texas is two years from the date of the crash, under Section 16.003 of the Civil Practice and Remedies Code. Wrongful death claims typically must be filed within two years of the date of death. If a city, county, or state vehicle was involved, notice deadlines can be much shorter, sometimes six months or less.
Because truck cases require more investigation than ordinary car crashes, it is best to start early rather than wait for the deadline to approach.
Getting help after a truck crash in the Coastal Bend
A truck accident claim pits an injured person against a commercial carrier with its own lawyers, investigators, and insurance adjusters. Having an experienced advocate helps level that field.
The Burkett Law Firm’s truck accident team has represented injured people in Corpus Christi and the Coastal Bend since 1960, including clients in Robstown, Portland, Alice, and Kingsville. Attorneys David Burkett and Nathan Burkett handle truck cases on a contingency fee basis, which means clients pay no attorney fees unless the firm recovers compensation for them.
Frequently Asked Questions
Can I sue the trucking company instead of the driver?
Often, yes. When the driver was working at the time of the crash, the employer is usually responsible for the driver’s negligence. The company may also be directly liable for its own failures, such as negligent hiring or poor maintenance.
What if the truck driver was an independent contractor?
Some companies classify drivers as independent contractors to limit liability. Even so, federal and Texas rules, lease agreements, and the level of control the company exercised can still make the carrier responsible. These cases depend heavily on the specific facts and documents.
Does Texas cap damages in truck accident cases?
Texas does not cap economic or non-economic damages in ordinary truck accident cases. Exemplary damages are capped by statute, and different rules apply to claims against government entities.
How soon should I contact a lawyer after a truck accident?
As soon as you are able. Trucking companies often send investigators to the scene within hours, and important electronic data can be lost if no one asks the company to preserve it.
What if a family member was killed in a truck accident?
Spouses, children, and parents may bring a wrongful death claim under Texas law. These claims can recover lost financial support, loss of companionship, mental anguish, and other damages, and they generally must be filed within two years of the death.
