If you’ve been injured in a truck accident in Texas, you may be dealing with painful injuries, mounting medical bills and pressure from insurance companies to accept a quick settlement. Commercial truck crashes are more complex than standard car accidents, and handling the aftermath alone puts you up against trucking companies and insurers who deal with these claims every day.
So what does a Texas truck accident lawyer do, and how can hiring one help protect your rights?
Below, we break down the key responsibilities of a Texas truck accident attorney, what makes these cases complex, and when it makes sense to bring a lawyer in.
The short answer: A truck accident lawyer investigates the crash and preserves evidence like black box, ELD and maintenance records before they’re lost. They identify every party that may be liable, such as the driver, trucking company, cargo loader, repair shop or manufacturer. They then calculate your damages, deal with the trucking company’s insurers, and file suit in Texas court if the claim doesn’t settle.
Key takeaways
- You’ll see why a trucking company can be liable for its driver’s mistakes, and which other companies may share the blame.
- You’ll learn which trucking records carriers only have to keep for months, and why an early preservation letter matters.
- You’ll know the federal and Texas rules truck drivers must follow, and how a violation can support your claim.
- You’ll understand the Texas deadlines and damage rules that apply to truck accident cases.
Why Texas Truck Accident Claims Are Unique
Truck accident cases are more complicated than typical auto accidents in several important ways. In 2024, 720 people died in crashes involving large trucks in Texas, and nationally, 70% of people killed in those crashes were occupants of other vehicles.
| Typical car accident | Commercial truck accident | |
| Parties who may be liable | Usually the other driver | Driver, trucking company, cargo loader, maintenance contractor, manufacturer |
| Rules that apply | Texas traffic laws | Texas traffic laws plus federal and state trucking regulations |
| Minimum insurance | Personal auto policy | $500,000 to $5,000,000 depending on route and cargo |
| Key evidence | Photos, police report, witnesses | Also ECM “black box” data, ELD logs, maintenance and dispatch records |
| Injury severity | Varies widely | Often catastrophic, because of the size and weight difference |
Severe and Catastrophic Injuries
Collisions involving 18-wheelers, semi-trucks and other commercial vehicles often cause life-altering injuries, including traumatic brain injuries, spinal cord damage, burns, amputations and permanent disability. These injuries often need years of treatment, and the full cost of that care has to be documented before a claim can be valued.
Before practicing law, Dr. Patino served as a U.S. Army combat medic and spent 20 years as a chiropractor. That medical background shapes how our firm reviews treatment records and works with doctors to document long-term care needs.
Multiple Liable Parties
Unlike a typical car accident between two drivers, a truck accident may involve the truck driver and the trucking company. Under a legal rule called respondeat superior, an employer can be held responsible for an employee’s negligence on the job. Freight or cargo loaders, maintenance contractors, truck or parts manufacturers and third-party logistics companies may also share responsibility. Each party may have its own insurer and legal team.
Federal and State Regulations
Truck drivers and motor carriers must follow federal and Texas regulations covering hours of service, logbook or ELD records, cargo securement, inspections, and drug and alcohol testing. A violation of these rules can support a finding of negligence.
Higher Insurance Limits
Federal rules set minimum coverage for interstate carriers at $750,000 for general freight, $1,000,000 for oil and many hazardous materials, and up to $5,000,000 for certain hazardous cargo. Texas requires at least $500,000 for intrastate trucks over 26,000 pounds. Bigger policies usually mean insurers defend these claims harder.
Rapid Loss of Evidence
Black box data, maintenance logs, delivery records and GPS information can be overwritten or discarded if no one asks the carrier to preserve them. Federal rules only require carriers to keep some key records for a limited time:
| Record | What it shows | Minimum federal retention |
| ECM / “black box” data | Speed, braking and throttle before impact | No set period. It can be overwritten as the truck keeps running |
| Records of duty status (ELD logs) | Driving and on-duty hours | 6 months |
| Inspection, repair and maintenance records | Brake, tire and equipment condition | 1 year, plus 6 months after the truck leaves the fleet |
That’s why the first step in most truck cases is a preservation (spoliation) letter. It formally notifies the trucking company to keep this evidence.
How a Texas Truck Accident Attorney Can Help
A lawyer secures evidence, identifies who is responsible, proves negligence and pursues the compensation the law allows. Here’s what that looks like in practice.
Conducting Comprehensive Investigations
Truck accidents require immediate, thorough investigation to preserve evidence. Your Texas truck accident lawyer will:
- Obtain and review truck black box (ECM) data, including speed, braking and steering input
- Analyze driver logbooks, GPS data and hours-of-service compliance
- Preserve maintenance and inspection logs
- Inspect the truck and trailer before repairs erase evidence
- Review dashcam, bodycam or surveillance footage
- Interview witnesses and drivers
- Photograph and document the crash scene for skid marks, debris patterns and roadway conditions
- Work with accident reconstruction experts
Common Truck Accident Causes Your Lawyer Investigates
- Driver fatigue from hours-of-service violations
- Distracted driving (texting, GPS use)
- Falsified logbooks
- Overloaded or improperly secured cargo
- Speeding or aggressive driving
- Mechanical failures (brake or tire issues)
- Drug or alcohol impairment
Identifying All Liable Parties
One of a truck accident lawyer’s most important jobs is working out who is responsible for the crash. Potentially liable parties include:
- The truck driver, for distraction, fatigue, intoxication or reckless driving
- The trucking company, for negligent hiring, poor training, unsafe schedules, logbook violations or pushing drivers beyond legal hours
- Cargo loading companies, for overloaded or shifting freight
- Maintenance contractors, for improper repairs
- Manufacturers, for defective brakes, tires or other mechanical parts
Truck crashes often involve multiple policies and insurers, and each one may try to shift blame. Identifying every responsible party makes sure each policy that may apply is part of the claim.
Understanding Federal and State Trucking Laws
An experienced Texas truck accident attorney knows the FMCSA regulations, Texas commercial vehicle laws, pre-trip inspection rules, cargo securement standards and drug and alcohol testing rules. Hours-of-service limits depend on whether the truck crossed state lines:
| Rule | Interstate trucks (FMCSA) | Texas intrastate trucks (37 TAC §4.12) |
| Maximum driving time | 11 hours after 10 hours off | 12 hours after 8 hours off |
| On-duty window | No driving after the 14th hour on duty | No driving after 15 hours on duty |
| Weekly limit | 60/70 hours in 7/8 days | 70 hours in 7 days |
| Required break | 30 minutes after 8 hours of driving | — |
A violation of a safety regulation can support a claim of negligence per se. That means the violation itself can be used to show the driver or carrier was negligent, as long as it helped cause your injuries.
Gathering and Preserving Critical Evidence
Evidence is the foundation of any personal injury claim. Your lawyer will collect and preserve black box data, reconstruction reports, logbooks and ELD data, maintenance and inspection records, GPS and telematics information, witness statements, police reports, medical records, expert testimony, and any relevant photos or video. They may also help you keep a pain journal that documents your daily limitations and how your injuries affect your life.
Calculating Your Damages
Truck accident injuries often have lifelong effects, so damages need to be calculated carefully. Texas law allows three categories.
Economic damages
- Current and future medical expenses
- Rehabilitation and therapy
- Lost wages
- Reduced earning capacity
- Home modifications
- Long-term care or assistive devices
- Property damage
Non-economic damages
- Pain and suffering
- Emotional distress
- Trauma and anxiety
- Disability or disfigurement
- Loss of enjoyment of life
Punitive (exemplary) damages
Punitive damages are rare. Texas requires clear and convincing evidence of fraud, malice or gross negligence. In most cases, they are capped at the greater of $200,000, or two times economic damages plus up to $750,000 in non-economic damages. The cap does not apply to certain felonies, including intoxication assault and intoxication manslaughter.
When a truck crash takes a life, surviving family members may bring a wrongful death claim.
Handling Negotiations with Insurance Companies
Insurers for trucking companies often move quickly after a crash. A lawyer handles communications with them on your behalf. They help you avoid recorded statements that can be used against you, respond to offers that don’t reflect the full cost of your injuries, and use the evidence to support negotiations. Before signing anything, read about whether to accept the first offer from an insurance company.
Filing a Lawsuit and Representing You in Court
If negotiations don’t produce a fair settlement, your lawyer files a lawsuit before the Texas personal injury statute of limitations expires. For most injury claims, that’s two years from the crash. They handle procedural requirements, depositions and discovery, present evidence and expert testimony, and represent you through mediation or trial.
Most truck accident claims settle. Preparing each case as if it will go to trial is what gives the settlement talks their weight.
Providing Ongoing Support and Guidance
Throughout the process, your lawyer explains your rights, keeps you updated, helps you get medical treatment (through a letter of protection when needed), and helps you avoid mistakes that could hurt your claim. That lets you focus on your recovery.
Do You Need a Truck Accident Attorney?
Not every crash needs a lawyer. Commercial truck cases usually do, because they involve multiple insurers, corporate defense teams, federal and state regulations, evidence that can disappear, and serious injuries.
Texas also uses a modified comparative negligence rule. If the trucking company argues you were more than 50% responsible, you can’t recover damages. If you’re found 50% or less responsible, your award is reduced by your share of fault. Having someone who can answer those arguments with evidence matters.
If you’re unsure whether you have a case, talking with a lawyer early gives them time to preserve evidence before it’s lost.
Frequently Asked Questions
What does a truck accident lawyer do?
They investigate the crash, preserve evidence such as ECM, ELD and maintenance records, identify every liable party, calculate damages, negotiate with insurers, and file a lawsuit if the claim doesn’t settle.
Can I sue the trucking company and not just the driver?
Often, yes. A trucking company can be responsible for its driver’s negligence on the job. It can also be directly liable for things like negligent hiring, poor training, unsafe schedules or skipped maintenance.
How long do I have to file a truck accident lawsuit in Texas?
Generally two years from the date of the crash. Evidence can be lost much sooner. Some driving logs only have to be kept for six months.
How much insurance do trucking companies carry?
Interstate carriers of general freight must carry at least $750,000. Oil and hazardous-materials carriers need $1 million to $5 million. Texas intrastate trucks over 26,000 pounds need at least $500,000.
What if the truck driver was over their hours?
Driving beyond the federal or Texas hours-of-service limits is a regulatory violation. If fatigue helped cause the crash, that violation can be used to show negligence.
Injured in a Truck Accident? Patino Law Firm Can Help
Our Texas truck accident lawyers represent injured people across the state. We work with truck accident clients in McAllen and the Rio Grande Valley, San Antonio truck accident clients, and clients hurt in oilfield truck traffic around Odessa and the Permian Basin.
We move quickly to send preservation letters, investigate the crash, identify every party that may be liable and document your damages.
Call 855-LAW-NINJA or request a free, no-obligation consultation. Se habla español.
This article is general information about Texas law, not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts.
