Can You Sue a Trucking Company in Texas? | What They Don’t Tell You

Yes — You Can Sue a Trucking Company in Texas

The short answer is simple: yes, you can sue a trucking company in Texas. You have a legal right to recover compensation if the company’s negligence caused your injuries. However, you need to understand exactly when the company is liable and how to prove it.

When the Trucking Company Is Directly Liable

The trucking company can be held directly responsible under several legal theories.

Negligent hiring. If the company hired a driver with a history of accidents, traffic violations, substance abuse, or safety violations, the company is liable for choosing an unsafe driver. Companies have a legal duty to screen drivers and hire only qualified, safe drivers.

Negligent training. If the company failed to properly train drivers on safety procedures, vehicle control, hours-of-service limits, cargo loading, or weather-specific driving techniques, the company is negligent. Training must meet federal standards and prepare drivers for real-world conditions.

Negligent supervision. If the company knew a driver was driving dangerously—speeding, violating hours-of-service rules, or driving while fatigued—and failed to discipline or remove that driver, the company bears liability.

Failure to maintain vehicles. The company must maintain all trucks in safe operating condition. This includes inspecting and repairing brakes, tires, lights, steering systems, coupling devices, and safety equipment. If a company skips maintenance and a mechanical failure causes an accident, the company is liable.

Hours-of-service violations. Federal law limits drivers to 11 hours of driving per 14-hour workday and requires 10 hours off-duty between driving shifts. Violating these limits causes driver fatigue. If a company pressures drivers to exceed legal limits and fatigue causes an accident, the company is liable.

Violating safety regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets detailed safety regulations for commercial trucking. Violating these regulations—such as failing to properly secure cargo, overloading trucks, or using defective equipment—is automatic negligence.

Vicarious Liability (Employer Responsibility)

Even if the company didn’t directly violate any of the above, the company is automatically liable for the truck driver’s negligence under a legal doctrine called respondeat superior. This Latin term means “let the master answer.”

Here’s how it works: the truck driver is the company’s employee. The driver was working for the company when the accident happened. Therefore, the company is responsible for the driver’s negligent actions—even if the company didn’t know about the negligence and couldn’t have prevented it.

This doctrine exists because companies benefit from their employees’ work and should bear the cost when that work causes harm. It’s a form of strict employer liability that doesn’t require proving the company was negligent.

This is actually good news for you. Even if the truck driver was solely at fault, the trucking company still pays because they employ the driver.

What Trucking Companies Don’t Want You to Know

The following information is the reason trucking companies immediately hire lawyers and damage control experts after an accident. They know that most injured people don’t understand what’s happening, and they exploit that ignorance.

They Investigate the Crash Immediately

Within hours of an accident, the trucking company’s risk management team is moving. They dispatch investigators to the scene to document evidence and collect photos before police finish their initial investigation. They send representatives to interview the truck driver. They instruct the driver on what to say and what not to say.

The company’s lawyers also begin working immediately. They send preservation notices to maintain evidence they want to keep and sometimes lose evidence they’d rather disappear. They gather the driver’s personnel file, training records, and previous accident history.

By the time you’re still in the hospital, the trucking company has already begun their defense strategy. This is why you need a lawyer immediately. Speed matters tremendously.

Critical Evidence Can Disappear Quickly

Black box data is a perfect example. Modern trucks record continuous data on electronic control modules—black boxes. This data includes vehicle speed, brake application, throttle position, steering angle, and seatbelt use. The black box typically stores 30 days of data before overwriting old information.

However, black box data can be extracted and preserved by the manufacturer. If no one requests preservation within days, the manufacturer might overwrite the data. Trucking companies sometimes deliberately delay providing access to black boxes, hoping the data gets overwritten.

Dashcam footage is another critical piece of evidence. Many trucks have dashcams that record video. If the footage shows the accident clearly, the company might claim the camera malfunctioned or delete the footage.

Driver logs can also disappear or be altered. Federal regulations require drivers to maintain records of driving hours and rest breaks. Sometimes these logs are falsified or “lost” to cover up hours-of-service violations.

Maintenance records are also critical. If a truck’s brakes weren’t maintained properly and brake failure caused the accident, those maintenance records prove company negligence. Companies sometimes selectively provide records or claim they were lost.

Without an attorney demanding preservation immediately after an accident, you might lose access to crucial evidence.

They May Shift Blame to You

Trucking company lawyers are skilled at using Texas’s comparative fault law to shift blame onto you. Texas uses a modified comparative negligence system: you can recover compensation only if you’re not more than 50 percent at fault, and your recovery is reduced by your percentage of fault.

Insurance adjusters will argue that you were following too closely, weren’t paying attention, drove in the truck’s blind spot, or failed to see the truck coming. They’ll claim you could have avoided the accident if you’d been more careful.

These arguments are common even when the truck driver was clearly negligent. They’re designed to reduce what the company pays. We counter these tactics by focusing on evidence of the truck driver’s and company’s negligence while minimizing any argument about your fault.

Who Can Be Held Liable in a Truck Accident?

Multiple parties can be held liable depending on what caused the accident.

The Truck Driver

The truck driver can be liable for speeding, distracted driving, drowsy driving, following too closely, improper lane changes, or violating traffic laws. The driver is also liable for failing to adjust speed for weather, road conditions, or vehicle condition.

In many cases, the driver is the most obvious source of liability. However, liability often extends beyond the driver to the company.

The Trucking Company

As discussed above, the trucking company is vicariously liable for the driver’s negligence. The company can also be directly liable for negligent hiring, poor training, negligent supervision, failure to maintain vehicles, or hours-of-service violations.

The company is essentially always liable because of vicarious liability. The only question is how much liability is assigned to other parties.

Cargo Loaders or Third Parties

If cargo was improperly loaded, overloaded, or inadequately secured, the cargo loading company shares liability. If a shipper provided cargo in an unsafe condition, the shipper can be liable. If a repair shop failed to properly maintain the truck, the repair shop can be liable.

Our attorneys identify all potentially liable parties and pursue each one.

Truck Manufacturers

If the truck had a defectively designed or manufactured component—defective brakes, a steering defect, a coupling system failure, or tire defect—the truck manufacturer can be held liable for the defect regardless of driver behavior or company negligence.

Common Reasons You Can Sue a Trucking Company

These are the most common bases for liability in truck accident cases.

Driver Fatigue & Hours-of-Service Violations

Federal law limits drivers to 11 hours of driving per 14-hour workday and requires 10 hours off-duty between driving shifts. Violating these limits causes driver fatigue, which impairs judgment, slows reaction time, and reduces safe decision-making.

Trucking companies sometimes pressure drivers to exceed legal limits to maximize miles and profits. We investigate whether the driver exceeded hours-of-service limits and whether the company pressured or allowed the violation.

Improper Truck Maintenance

Trucks require regular maintenance of brakes, tires, steering systems, lights, coupling devices, and safety equipment. If a company skips required inspections, delays repairs, or uses worn components, the truck becomes unsafe.

Brake failure is a common example. If the company failed to maintain brakes properly and brakes failed during an emergency, the company is liable. We investigate maintenance records to prove the company’s negligence.

Overloaded or Improperly Secured Cargo

Federal regulations specify exactly how cargo must be loaded, secured, and distributed. Overloaded trucks handle poorly, especially during braking or sharp turns. Improperly secured cargo can shift during transit, changing the truck’s center of gravity and making the vehicle unstable.

We examine cargo loading records to prove violations of federal loading standards.

Distracted or Impaired Driving

Truck drivers must focus on the road. Federal regulations prohibit texting, using cell phones while driving, eating, or other distractions. Impaired driving—whether from drugs, alcohol, or medication—is also prohibited.

Black box data and phone records sometimes reveal distracted or impaired driving.

What Compensation Can You Recover?

If we prove liability, you can recover compensation for several categories of damages.

Economic Damages

Economic damages are financial losses you can calculate with precision. These include medical bills, hospital bills, surgical bills, physical therapy costs, prescription medications, and medical equipment. They include lost wages for time you missed from work and loss of earning capacity if your injuries prevent you from working in the future.

Economic damages can add up quickly in serious truck accident cases. Catastrophic injuries might require surgery, long-term rehabilitation, ongoing medical care, and assistive devices—all adding to damages.

We calculate economic damages by gathering medical records, bills, employment records, and expert testimony about future medical needs.

Non-Economic Damages

Non-economic damages are losses that aren’t easily calculated but are real and significant. These include pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, and permanent disability.

A jury determines non-economic damages based on the nature and severity of your injuries and how the injuries affect your quality of life. Someone with a permanent spinal cord injury recovers more for non-economic damages than someone with a temporary broken bone.

Punitive Damages (for Gross Negligence)

In cases where the trucking company’s conduct was grossly negligent or reckless, you might recover punitive damages. These damages are designed to punish the company and deter similar conduct in the future.

Punitive damages are available when the company’s conduct was particularly egregious—such as knowingly sending out a truck with failed brakes, hiring a driver with multiple prior accidents, or repeatedly violating hours-of-service regulations despite knowing drivers were fatigued.

How a Truck Accident Lawsuit Works in Texas

Understanding the process helps you know what to expect.

Step 1: Investigation

We begin by gathering evidence immediately after you hire us. We preserve black box data, obtain driver logs and maintenance records from the trucking company, collect medical records, and interview witnesses. We retain accident reconstruction experts and other specialists as needed.

This phase typically lasts 2-6 months.

Step 2: Filing the Claim

Once investigation is substantially complete, we send a detailed demand letter to the insurance company. The letter outlines the accident, proves liability, describes your injuries and damages, and requests specific compensation.

Step 3: Negotiation

The insurance company responds with a counteroffer. We negotiate back and forth, presenting additional evidence and explaining why our demand is reasonable. Many cases settle during this phase.

Negotiations can take 2-12 months or longer, depending on case complexity and insurance company responsiveness.

Step 4: Trial (if needed)

If we can’t reach a fair settlement, we file a lawsuit. Discovery begins—both sides exchange documents, witnesses give depositions, and experts prepare testimony.

Trial preparation takes 6-18 months before trial. When trial begins, we present evidence to a jury and argue for full compensation. We’ve taken over 500 cases to trial, so we’re fully prepared to litigate aggressively.

Texas Laws That Impact Your Case

Two key laws directly affect your truck accident claim.

Modified Comparative Fault Rule

Texas allows you to recover compensation as long as you’re not more than 50 percent at fault. Your recovery is reduced by your percentage of fault.

The 51 percent bar rule means that if you’re found to be 51 percent at fault, you recover nothing. This threshold makes it critical to prove that the truck driver or trucking company bears primary responsibility.

Statute of Limitations

You have two years from the accident date to file a personal injury lawsuit in Texas. This deadline is strictly enforced. After two years, you lose the right to sue regardless of how strong your case is.

Don’t wait to contact an attorney. The sooner we begin investigating and preserving evidence, the stronger your case becomes.

Why Trucking Accident Cases Are More Complex

Truck accident cases are fundamentally more complex than regular car accident cases.

Federal regulations set by the FMCSA apply nationwide and often conflict or interact with state law. Understanding both systems is essential to identifying all bases for liability.

Multiple liable parties typically share responsibility. Identifying and proving liability against each party requires extensive investigation and evidence handling.

Trucking companies deploy large, well-funded legal teams with expert witnesses, accident reconstructionists, and engineers. They have experience fighting these cases and know how to delay, demand concessions, and wear down injured people.

High-value damages are common in truck accident cases because of injury severity. The larger the potential payout, the harder the company fights.

This is why you need an experienced truck accident attorney who has litigated hundreds of these cases. We have the experience, resources, and toughness to stand up to trucking company defense tactics.

How Our Texas Truck Accident Lawyers Help

When you hire our firm, we immediately take control of your case and begin protecting your interests.

Immediate investigation. We send investigators to the scene, interview witnesses, and preserve evidence before it disappears. We obtain black box data from the truck manufacturer.

Evidence preservation. We send preservation letters to the trucking company, insurers, and other parties. This legally requires them to maintain all evidence.

Expert coordination. We retain accident reconstruction experts, engineers, medical professionals, and other specialists who strengthen your case.

Insurance negotiation. We demand fair compensation and negotiate aggressively. We’ve handled hundreds of conversations with insurance adjusters and defense lawyers.

Trial readiness. If negotiations fail, we file suit and prepare for trial. We’ve litigated over 500 cases and aren’t intimidated by taking cases to juries.

We work on a contingency fee basis—you don’t pay us unless we win.

Don’t Wait — Trucking Companies Already Started Building Their Defense

This is the most important message in this article: time is critical. The moment an accident happens, the trucking company starts moving. Their investigators are in motion. Their lawyers are strategizing. They’re controlling evidence.

While you’re recovering from injuries, they’re building a defense. While you’re figuring out how to pay medical bills, they’re working to minimize compensation. They count on injured people making mistakes, missing deadlines, or hiring attorneys too late to preserve crucial evidence.

Don’t let this happen to you. Contact our office immediately. Call (325) 480-8100 right now or visit our contact page.

 Schedule your free consultation with one of our attorneys who has handled hundreds of truck accident cases.

We’ll immediately:

• Preserve all critical evidence
• Demand the truck’s black box data
• Investigate liability thoroughly
• Identify all responsible parties
• Protect your legal rights

You’ve been injured by a negligent trucking company. You deserve full compensation. Our attorneys have the experience, resources, and toughness to fight for what you’re owed. Call today—your free consultation costs you nothing.

FAQs

Can I sue both the driver and the trucking company?

Yes. You can sue the truck driver for negligence and the trucking company for vicarious liability (employer responsibility) and direct liability (negligent hiring, poor maintenance, hours-of-service violations, etc.). In reality, you’ll recover from the company’s insurance, not from the driver personally.

How much is a trucking accident lawsuit worth?

Truck accident damages vary widely based on injury severity, medical costs, lost wages, and impact on your life. Serious spinal injuries, brain injuries, amputations, or permanent disabilities can result in settlements or verdicts worth hundreds of thousands to millions. We evaluate your specific situation and calculate fair compensation.

What if I was partially at fault?

Texas’s modified comparative fault rule allows you to recover as long as you’re not more than 50 percent at fault. Your recovery is reduced by your percentage of fault. We focus on evidence proving the truck driver and company are primarily responsible while minimizing any argument about your fault.

How long does a truck accident case take?

From accident to settlement or trial verdict typically takes 1-3 years. Investigation lasts 2-6 months. Negotiations can take 2-12 months. If litigation is necessary, trial preparation takes 6-18 months. Complex cases with serious injuries take longer.