What Makes Truck Claims Different
Commercial truck collisions involve far greater force than car accidents and are governed by federal motor carrier regulations imposing documented duties on driver qualification, hours of service, and vehicle inspection and maintenance.
Liability commonly extends beyond the driver to the motor carrier under respondeat superior, and independently for negligent hiring, training, supervision or maintenance.
Preserve electronic data immediately
Electronic logging device records, engine control module data and dash camera footage can be overwritten within weeks. A written preservation demand to the carrier and its insurer, sent early, is frequently the decisive step in a trucking case.
Texas Specific Rules
Texas applies modified comparative fault with a 51 percent bar. If you are found more than 50 percent responsible you recover nothing, and below that your recovery is reduced by your percentage. This differs sharply from pure comparative fault states.
The general personal injury limitation period is two years from the date of injury, and wrongful death claims also run two years from the date of death.
Claims against governmental units are subject to the Texas Tort Claims Act, which imposes damage caps and short formal notice requirements, sometimes as little as six months and shorter under some city charters.
Evidence and Practical Steps
Beyond the crash report, the valuable material is held by the carrier: the driver qualification file, hours of service logs, maintenance and inspection records, drug and alcohol testing records, and the insurance information.
Photograph the scene and vehicle positions, obtain witness details, and seek medical attention promptly, since gaps in treatment are routinely used to argue an injury was minor or unrelated.
Notice deadlines for government defendants are short
If a governmental unit may be responsible, formal written notice is generally required within six months and city charters sometimes require less. Missing it bars the claim regardless of merit, well before the two year limitation period expires.
Before You Act
Thinking About Filing a Claim?
Most plaintiff lawyers offer a free initial consultation and work on contingency, meaning no fee unless there is a recovery. LawsuitWatch is not a law firm: we publish explainers, and we do not provide legal advice, representation or referrals. Your state bar directory is the reliable place to find and verify a lawyer.
Texas Truck Accident Claims: Modified Comparative Fault and Carrier Liability: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Who can be liable in a Texas truck accident?
The driver and the motor carrier, both vicariously and independently for negligent hiring, training, supervision or maintenance.
What is the 51 percent bar?
If you are found more than 50 percent responsible you recover nothing. Below that, recovery is reduced by your percentage of fault.
What is the deadline in Texas?
Generally two years from the date of injury, and two years from the date of death for wrongful death claims.
What if a government vehicle was involved?
The Texas Tort Claims Act applies, imposing damage caps and formal notice requirements as short as six months or less under some city charters.
What evidence should be preserved?
Electronic logging and engine control module data, dash camera footage, driver qualification files, and maintenance and inspection records held by the carrier.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.