Texas Truck Accident Lawyers
Reviewed by Josh Alexander, Founder and Managing Attorney. Updated .
A truck crash can involve more than the driver. The trucking company may control critical records, video, and insurance information. We investigate quickly to protect the evidence and identify everyone who may be responsible.
We handle serious truck and commercial-vehicle accident claims across Texas.
Free case review. No attorney’s fee unless we recover compensation.
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Past results do not guarantee a similar outcome. Attorney recognitions and ratings do not guarantee future results.
What We Do First After a Texas Truck Accident
Get medical care first. Then save what you can: photos, the crash-report information, witness names, and the truck’s identifying numbers.
First, we help protect the evidence and information that may matter most to your claim.
Save the Crash-Report Information
Keep the report number, responding agency, photos, and names of witnesses. This information can help identify the crash, locate records, and confirm what happened.
Identify the Truck and Carrier
Photograph the USDOT number, truck number, trailer number, license plate, and company markings if it is safe to do so. If you could not take photos, the crash report, tow records, and witness images may still identify the truck and carrier.
Be Careful With Insurer Calls
Before giving a recorded statement or signing a medical authorization for the trucking company’s insurer, consider speaking with a lawyer. Your own insurer may also contact you, and we can explain what information your policy requires.
Contact a Lawyer Quickly
A lawyer can request that the trucking company preserve key evidence before it is lost or overwritten. That may include available vehicle data, video, driver logs, dispatch records, and maintenance information.
Important records may be controlled by the trucking company. Acting early can help preserve them.
Why Texas Truck Accident Claims Are Different
Truck cases often involve more companies, records, and insurance policies than a typical car crash. Those differences can affect how fault is investigated and what coverage may be available.
A motor carrier is the company authorized to operate the truck. It may employ the driver, own or lease the equipment, or work with other companies involved in moving the load.
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Federal Safety Rules May Apply
Federal rules may govern driving hours, inspections, drug and alcohol testing, driver qualifications, and maintenance.
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More Than One Party May Be Responsible
Depending on the crash, the driver, motor carrier, broker, shipper, loader, trailer owner, repair company, or manufacturer may be relevant.
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Commercial Insurance Can Be More Complex
More than one insurance policy may apply, depending on the companies, vehicles, and cargo involved.
Texas Truck Accident Statistics
Texas has one of the highest volumes of commercial-vehicle traffic in the country. In 2024, TxDOT reported 39,393 crashes involving commercial motor vehicles in Texas, including 608 deaths and 1,601 suspected serious injuries.
Source: Texas Department of Transportation 2024 commercial motor vehicle crash data
- 39,393
Commercial-vehicle crashes in Texas in 2024
- 608
Deaths in those crashes
- 1,601
People with suspected serious injuries in those crashes
- No. 1
Among the highest large-truck crash death totals in the nation
How We Identify Who May Be Responsible
The truck driver may not be the only party responsible for a crash. Depending on the facts, responsibility may extend to the motor carrier, companies involved in the shipment, a maintenance provider, or a manufacturer.
The Driver
The driver may be responsible for speeding, distraction, fatigue, impairment, unsafe lane changes, or other unsafe driving.
The Motor Carrier
The motor carrier may be responsible for failures involving hiring, training, supervision, scheduling, maintenance, or safety policies.
The Freight Broker
A freight broker may be relevant if its carrier-selection or operational role contributed to the crash.
The Shipper or Loader
A shipper or loader may be responsible if cargo was improperly loaded, secured, or balanced.
The Maintenance Provider
A repair or maintenance provider may be responsible if a mechanical problem was missed or improperly repaired.
The Manufacturer
A manufacturer may be responsible if a defective truck part or safety system contributed to the crash.
Not every company connected to the truck is legally responsible. We investigate each party’s role and the insurance coverage that may apply before advising you about the claim.
How We Handle the Trucking Company’s Insurer
The trucking company’s insurer may begin investigating soon after a crash. We can communicate with the insurer while you focus on treatment and recovery.
| What the insurer may do | How we respond |
|---|---|
| Begin investigating quickly | We request preservation of key evidence and review available records. |
| Wait for records to be deleted or overwritten | We send preservation demands and follow up on missing evidence. |
| Make an early settlement offer | We review medical care, lost income, and available insurance before advising on any offer. |
| Claim that you share fault | We evaluate the crash using physical evidence, vehicle data, video, witnesses, and expert analysis when needed. |
| Ask for a recorded statement | We explain your options before you provide information to the insurer. |
An early offer may not account for ongoing treatment, lost income, future limitations, or all available insurance coverage. We review those issues before advising you whether to accept it.
How We Preserve Truck Crash Evidence
Truck crashes can produce electronic data, video, driver logs, maintenance records, and dispatch communications. Some records may be overwritten or become unavailable unless they are requested quickly.
| Record | What it may show |
|---|---|
| Engine control module (ECM), sometimes called a truck’s black box | Speed, braking, engine activity, and other information from before the crash |
| Electronic logging device (ELD) and duty-status records | Driving time, duty status, and supporting records |
| In-cab or dash-camera video | Road conditions, vehicle movement, and driver behavior |
| Dispatch records and messages | Route changes, instructions, delivery pressure, and communications with the driver |
| Drug and alcohol testing records | Whether post-crash testing was performed and any available results |
| Maintenance and inspection records | Repairs, reported defects, inspections, and the truck’s mechanical condition |
| Driver qualification file | Licensing, medical certification, road testing, annual reviews, and prior-employer checks |
The evidence needed depends on how the crash happened. A fatigue claim, brake-failure claim, cargo claim, or unsafe-lane-change claim may each require different records.
The trucking company may control much of this evidence. Other useful information may come from witnesses, nearby businesses, emergency responders, tow companies, or your vehicle. Some records have federal retention requirements, while others may be overwritten under a company’s own policies.
What Does a Preservation Letter Do?
A preservation letter is a written request that the trucking company retain evidence relevant to the crash. It identifies specific records and asks the company not to delete, overwrite, alter, or discard them.
ECM data can be especially important because retention practices vary by carrier, vehicle, and system. The letter identifies the records that may matter so the request is clear from the beginning.
The records that matter depend on how the crash happened. For example, a fatigue claim may require hours-of-service records, while a brake-failure claim may require maintenance and inspection records.
Depending on the crash, a preservation letter may request:
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ECM Download
Speed, throttle, braking, engine activity, and other available data from the moments before impact.
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ELD and Duty-Status Records
Hours driven, duty status, and supporting records showing how long the driver had been working.
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In-Cab and Road Video
Available in-cab, forward-facing, and other camera footage, along with the system’s retention settings.
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Dispatch Records and Messages
Route instructions, delivery deadlines, driver communications, and other information about what the carrier knew before the crash.
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Driver Qualification File
Licensing, medical certification, road-testing, annual-review, and prior-employer records for the driver.
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Maintenance and Inspection Records
Inspection reports, repair records, reported defects, and information about the truck’s mechanical condition.
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Safety and Inspection Data
Relevant carrier, driver, and vehicle safety records that may help explain what happened.
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Post-Crash Drug and Alcohol Testing
Available records showing whether post-crash testing was required or performed, along with any retained results.
How Texas Chapter 72 Can Affect a Truck Accident Trial
Texas Chapter 72 can affect how a commercial-truck case is tried. In some cases, the trial is divided into separate phases: the first addresses fault and compensatory damages, while a later phase may address exemplary damages and certain claims against the trucking company.
In simple terms, Chapter 72 can affect when the jury hears certain evidence, not necessarily whether that evidence matters.
| Section | What it does | What it can mean in a truck case |
|---|---|---|
| Sec. 72.052 | On a timely defendant motion, the court may divide the trial into separate phases. The first phase addresses liability and compensatory damages; a later phase addresses exemplary damages. | Fault and compensation may be decided before the jury considers exemplary-damages issues. |
| Sec. 72.053 | Evidence of a regulatory violation must be connected to the injury and to the relevant defendant, vehicle, or equipment to be used in the first phase. | A safety-rule violation must be tied to what caused this specific crash. |
| Sec. 72.054 | If an employer stipulates that the driver was acting within the scope of employment, certain direct claims against the employer may be limited during the first phase. | Some hiring, training, or supervision issues may be addressed later or under different limits. |
| Sec. 72.055 | Properly authenticated photos or video of vehicles or objects involved in the crash are generally admissible without expert testimony solely to admit them. | Crash photos and video may be used to show what happened, although experts may still be needed to explain technical issues. |
Chapter 72 does not make the trucking company’s conduct irrelevant. It can change the timing, purpose, and manner in which certain evidence is presented at trial.
How We Protect Truck Accident Deadlines
Most Texas truck accident lawsuits must be filed within two years of the crash. For most wrongful-death claims, the two-year deadline begins on the date of death.
- 2 YearsFrom the crash date
Most Private Truck Accident Claims
Most personal-injury claims against private drivers and companies must be filed within two years.
- 2 YearsFrom the date of death
Most Wrongful-Death Claims
Wrongful-death claims generally must be filed within two years of the date of death.
- SoonerGovernment notice may be required
Claims Involving a Government Vehicle
A formal notice requirement may apply before a lawsuit can be filed. The deadline depends on the government entity involved and may be much shorter than two years.
Source: Texas Civil Practice and Remedies Code Sections 16.003 and 101.101.
Do not wait until a filing deadline approaches to seek legal advice. Important evidence can become harder to obtain long before a lawsuit is due, and a government notice deadline may expire while the general two-year filing period is still open.
ImportantThese deadlines are described in general terms and are not advice about your specific case. Exceptions, tolling rules, the type of claim, and government involvement can affect the applicable deadline.
What if You Were Partly at Fault for the Truck Crash?
Texas uses proportionate-responsibility rules to assign each party a percentage of fault. You may still recover damages if you are 50% or less responsible for the crash.
The trucking company may argue that you share fault. We evaluate that argument using physical evidence, vehicle data, video, witness statements, and expert analysis when needed. Truck data showing speed, braking, or vehicle movement may help explain what happened.
If you are assigned a percentage of responsibility, your recoverable damages are reduced by that same percentage. That can include medical expenses, lost income, future care, and pain and suffering.
- 0% to 50%You may still recover
At 0% to 50% Responsibility
You may recover damages reduced by your percentage of fault. For example, if you are found 30% responsible, you may recover 70% of the damages awarded.
- 51% or MoreRecovery is barred
Above 50% Responsibility
If you are found more than 50% responsible, Texas law bars recovery from the other responsible parties.
Source: Texas Civil Practice and Remedies Code Sections 33.001 and 33.012.
The percentage of fault is decided from the evidence, not from a single statement made at the roadside.
What a Carrier’s Safety Record Can and Cannot Prove
A carrier’s general safety history may provide context, but the strongest evidence connects a specific driver, truck, safety rule, or maintenance issue to the crash.
| Record | May it matter in the first phase? | Why it matters |
|---|---|---|
| Fleet-wide CSA score | Usually not by itself | A general safety score may provide context, but it does not prove what caused a particular crash. |
| Driver’s duty logs | Often, if tied to the crash | Hours-of-service records may show whether fatigue or a driving-hours violation contributed to the collision. |
| Truck maintenance and repair history | Often, if tied to the crash | Inspection and repair records may show whether a known mechanical problem contributed to the collision. |
| Driver qualification file | Yes, in limited circumstances | Licensing, qualification, medical-certification, and certain testing information may be relevant under Chapter 72. |
| General hiring and training history | Often limited | When the carrier accepts responsibility for the driver’s conduct, Chapter 72 can limit how certain hiring and training claims are presented in the first phase. |
Why the Driver Qualification File Matters
A driver qualification file can include licensing records, medical certification, road-test information, annual driving-record reviews, and prior-employer checks. These records can help show whether the driver was qualified to operate the commercial vehicle.
Federal rules generally require the carrier to retain a driver qualification file for the length of the driver’s employment and for three years afterward. That makes it important to identify and request the file early.
Chapter 72 and Qualification Evidence
In an applicable bifurcated truck case, Section 72.054 allows certain evidence about the driver’s license, qualification, medical certification, hours-of-service compliance, and related issues to be presented in the first phase. Whether particular evidence is admissible depends on the facts of the crash and the applicable legal requirements.
What Texas Law May Allow You to Recover After a Truck Accident
There is no reliable “average” truck accident settlement. Case value depends on the severity of the injury, the evidence of fault, the available insurance, and the damages Texas law may allow.
Source: Texas Civil Practice and Remedies Code Chapter 41.
Exemplary damages are not available in every truck accident case. They require a separate legal showing that goes beyond ordinary negligence.
Past results do not guarantee a similar outcome.
How Much Insurance Must a Texas Truck Carry?
Federal law sets minimum insurance requirements for some commercial carriers based on their operations and cargo. Those minimums are not the same as the value of your claim, and additional coverage may be available.
| What the truck hauls | Federal minimum | Where it applies |
|---|---|---|
| Ordinary freight | $750,000 | For hire, interstate, rated 10,001 pounds or more. |
| Oil and most hazardous materials | $1,000,000 | For hire and private carriers alike. |
| Hazardous substances in bulk tanks | $5,000,000 | Cargo tanks, portable tanks and hopper vehicles. |
| Certain explosives in smaller trucks | $5,000,000 | Applies even under 10,001 pounds. |
Federal minimums are not the limit of available coverage. Other companies involved in the crash may have separate policies that apply.
How Is a Texas Truck Case Built, Step by Step?
Many truck accident claims resolve without trial. The work often begins by preserving evidence, investigating fault, documenting injuries, and then evaluating settlement options.
Step 1: Preserve Evidence
We send preservation letters to the companies holding the truck, trailer, electronic data, video, logs, and other records that may matter.
Step 2: Investigate the Crash
We review the crash report, identify the motor carrier, and examine available safety records, driver logs, and qualification information.
Step 3: Analyze What Happened
When needed, accident-reconstruction experts compare vehicle data, physical evidence, video, and witness accounts to evaluate speed, braking, and fault.
Step 4: Document the Injury
We gather medical records, treatment information, wage-loss evidence, and other documentation showing how the crash has affected your life and work.
Step 5: Evaluate and Present the Claim
After the evidence and medical impact are developed, we prepare a demand that addresses fault, damages, and the insurance coverage that may apply.
Step 6: File Suit and Conduct Discovery
If a fair resolution cannot be reached, we file suit before the deadline and use discovery to obtain testimony and records from the driver, carrier, and other relevant parties.
How Long a Truck Case May Take
Truck accident cases can take months or longer to resolve because the full effect of an injury may not be known right away. A key milestone is maximum medical improvement, when treating doctors can better assess what recovery, future treatment, or permanent limitations may remain.
| Stage | Typical timing | What affects timing |
|---|---|---|
| Evidence preservation and investigation | Begins immediately | Electronic data, video, driver logs, and other records may need to be requested before they are overwritten or lost. |
| Medical treatment and recovery | Varies by injury | The case may need time for doctors to understand the injury, treatment needs, work restrictions, and prognosis. |
| Demand and negotiation | After the claim is developed | Timing can depend on medical documentation, fault evidence, the number of involved companies, and available insurance. |
| Lawsuit and discovery, if needed | May add substantial time | A lawsuit may be necessary if a fair settlement cannot be reached, and it must be filed before the applicable deadline. |
Why an Early Offer May Be Too Low
An early offer may not account for ongoing treatment, future medical needs, lost income, work limitations, or the lasting effects of an injury.
How Injury Severity Can Affect Timing
More serious injuries often require more time before their long-term effects are clear. The examples below are general only; recovery timelines vary by person and treatment plan.
| Injury type | General recovery timeline | Why it may affect the claim |
|---|---|---|
| Soft-tissue injuries | Weeks to months | Treatment and recovery may clarify whether symptoms resolve or continue. |
| Fractures | Months or longer | Surgery, rehabilitation, mobility limits, and potential complications may affect future medical needs. |
| Disc and spinal injuries | Months or longer | Treatment may include therapy, injections, or surgery, and the long-term prognosis can change over time. |
| Brain injuries, amputations, or severe burns | Often long-term | Future care, work limitations, and other lifetime effects may require additional medical and financial evaluation. |
Why Truck Cases Need Early Work
Truck cases often involve two timelines. Evidence may need to be preserved immediately, while settlement evaluation may need to wait until doctors can better understand the lasting effects of the injury.
For a discussion of factors that can affect potential compensation, see average truck accident lawsuit value in Texas.
When a Major Carrier Is Involved
Large trucking companies often have dedicated claims personnel, insurers, and defense counsel handling serious crashes. Their resources can make early evidence preservation, a thorough investigation, and careful communication especially important.
Commercial truck claims may involve a national insurer, a transportation-focused carrier, a risk-retention group, or coverage placed through a broker. The name on the insurance certificate is only one part of identifying available coverage.
What Kind of Truck or Crash Was Involved?
The vehicle involved and the way the crash happened can affect the evidence, responsible parties, and insurance issues in a claim. Choose the topic below for more specific information.
Common delivery carriers: UPS truck accidents · FedEx accidents · Amazon truck accidents · USPS mail truck accidents
Where in Texas Do We Handle Truck Accident Cases?
We handle truck accident cases across Texas. The crash location can affect where a claim may be filed, what local evidence may be available, and whether a government entity is involved.
You do not need to live near our office to speak with us. We can meet by phone, video, at the hospital, or wherever is practical.
How Is a Truck Accident Lawyer Different From a General Injury Lawyer?
Truck accident cases can require early evidence preservation, commercial-insurance analysis, and familiarity with federal safety rules and Texas trucking law. When choosing a lawyer, ask how the firm handles those issues from the beginning.
An Attorney Who Worked the Other Side
Before joining the plaintiff’s side, Matthew Graham spent more than a decade representing insurance companies in trials across the Southwest.
R. Matthew Graham
Managing Litigation Attorney
Matthew served as Director of Subrogation Litigation for a 10-state region of the nation’s second-largest automobile insurance carrier and now runs the firm’s litigation department. That experience is behind our approach to handling the trucking company’s insurer.
How Do You Pay for Treatment While the Claim Is Still Open?
Treatment often continues while a claim is pending. Health insurance, available auto coverage, provider arrangements, and the terms of your fee agreement can all affect how treatment and case costs are handled.
A contingency fee means the attorney’s fee is paid from a recovery, not from money you pay up front. If there is no recovery, there is no attorney’s fee. Before you hire us, we explain how attorney fees and case expenses are handled.
Case expenses can include medical records, expert review, depositions, court filings, and other costs needed to investigate or present a claim.
If a truck crash caused the death of a family member, a wrongful-death claim and a survival claim may both be relevant. A wrongful-death claim addresses certain losses suffered by qualifying family members, while a survival claim preserves certain claims the injured person could have brought before death. Learn more from our Texas wrongful death lawyers.
Truck Accident Questions Texans Ask Us Most
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The trucking company already called me. Now what?
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Hit by a Truck in Texas? Tell Us What Happened.
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Attorney Advertising. J. Alexander Law Firm, PC, principal office 12801 N. Central Expressway, Suite 1100, Dallas, TX 75243. Prior results do not guarantee or predict a similar outcome. This page provides general information about Texas law and is not legal advice about your situation. Reviewing this page or contacting the firm does not create an attorney-client relationship. Statutes and regulations cited are described in general terms and may have exceptions, conditions, and deadlines that apply differently to your facts. Se habla español.