In the aftermath of a commercial truck collision, the road to recovery is often complicated by liability. Unlike a typical fender-bender between two passenger cars, a crash involving an 18-wheeler or a delivery van usually involves a web of responsible parties.
The truck driver may be liable for speeding, DUI, distracted driving, or violating Hours of Service regulations.
The trucking company may be responsible for negligent hiring/training, pressuring drivers to skip safety breaks, or failing to conduct drug/alcohol testing.
Cargo loaders and shippers can be held liable if the trailer was overloaded or cargo improperly secured.
Maintenance providers and manufacturers may be at fault for mechanical failures like tire blowouts or brake failure.
If you or a loved one is recovering from injuries, Winocour Law is here to assist with your claim and help determine exactly where fault lies for your truck accident case.
Why Truck Accident Liability Is More Complex Than a Car Accident
When two cars collide, the drivers are usually the only parties involved. In the trucking industry, the vehicle, the driver, and the cargo are often managed by entirely different companies. This creates a “layering” effect for truck accident liability.
A commercial wreck also involves federal regulations, corporate contracts, and sophisticated insurance policies. Identifying the right defendants requires a deep dive into logbooks, maintenance records, and employment agreements. Without a Dallas truck accident lawyer to perform this forensic audit, you might leave significant compensation on the table.
Who Can Be Held Liable After a Texas Truck Accident?
In Texas, liability is rarely limited to the person who was driving. Depending on the cause of the crash, several different entities may share the blame:
The Truck Driver
The driver is the most obvious party. Liability may fall on them if they were speeding, driving under the influence, distracted by a phone, or violating Hours of Service (HOS) regulations designed to prevent fatigue.
The Trucking Company (Carrier)
Under the legal doctrine of respondeat superior, employers are often responsible for the actions of their employees. Furthermore, a carrier may be directly liable for:
- Negligent hiring or training
- Encouraging drivers to bypass safety breaks to meet deadlines
- Failing to perform mandatory drug and alcohol testing
Cargo Loaders and Shippers
If a trailer is overloaded or the cargo is improperly secured, it can cause the truck to jackknife or roll over. In these cases, the third-party company that loaded the truck may be held responsible.
Maintenance Providers and Manufacturers
If a mechanical failure, such as a tire blowout or brake failure, caused the wreck, the shop that performed recent maintenance or the manufacturer of a defective part could be at fault.
How Is Liability Proven in a Texas Truck Accident Case?
You can expect the trucking company and its insurer to challenge your version of events and minimize their exposure. To overcome these defenses, your case must be supported by a comprehensive body of objective evidence, which may include:
- Photos of the crash scene
- Video from nearby cameras or vehicles
- The police report
- Data from the truck’s onboard systems
- Driver logs and work records
- Communications between the driver and company
- Maintenance and inspection records
- Cargo and loading records
- The driver’s history and safety record
What Damages Can You Recover After a Texas Truck Accident?
Once liability is established, the next step is determining the full extent of damages. In Texas, recoverable damages may include:
- Medical expenses, including ongoing care
- Lost wages and reduced earning capacity
- Property damage
- Physical pain and suffering
- Long-term disability or impairment
- Loss of quality of life
In wrongful death cases, families may also pursue damages related to loss of support, companionship, and funeral expenses.
How Texas’s Proportionate Responsibility Law Affects Your Case
Texas follows a modified comparative fault rule, known as proportionate responsibility. This means your recovery is directly tied to your share of fault, and that you can recover damages as long as you are 50% or less responsible for the accident.
However, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, your recovery would be reduced to $80,000. If you are found to be 51% or more at fault, you are not eligible to recover damages under Texas law.
Proportionate responsibility is one of the most powerful tools trucking companies have and one of the most dangerous for injured Texans who do not have counsel. The earlier your legal team begins the investigation and secures evidence, the harder it becomes for the defense to distort your role in the crash.
Frequently Asked Questions About Truck Accident Liability in Texas
Is the trucking company always liable?
Not always. Liability depends on the cause of the crash and the relationships between the driver, carrier, shipper, and other entities.
What if the trucking company calls me?
Do not give a statement or sign any documents. Carriers often reach out within 24 hours to secure a low-ball settlement or catch you in a statement they can use to shift blame. Direct all communication to your lawyer.
Can multiple parties be sued at the same time?
Yes. In many cases, several defendants share responsibility.
How long do I have to file a claim?
In Texas, the statute of limitations for personal injury claims is generally two years, but evidence must be preserved immediately.
Get the Support and Strategy Your Truck Accident Claim Deserves
Truck accident cases are often defined by how well liability is understood and proven. In a complex crash, overlooking even one negligent party can significantly limit your financial recovery.
If you were involved in a truck accident in Texas or the Dallas area, Winocour Law can take command of your claim, identify every party responsible for your injuries, and build a strategy aimed at securing the maximum compensation. Schedule a free consultation today.
Get to Know Our Attorneys
Four generations of trial lawyers dedicated to securing justice for injured Texans. Meet the advocates leading Winocour Law.
Jonathan Winocour, Founder & Principal Attorney
Jonathan Winocour is a fourth-generation Texas trial lawyer and the founder of Winocour Law. A Diplomate of the National Institute of Trial Advocacy and member of the National Trial Lawyers Top 100, he has represented injured Texans in state and federal courts since 2002.
He graduated from SMU Dedman School of Law, where he made the Dean’s List, clerked for Sylvia Demarest, and went on to work alongside Craig Smith, now the presiding judge of Dallas County’s 192nd District Court. He is admitted in all Texas state courts, four federal districts, and the Fifth Circuit Court of Appeals.
Jonathan concentrates his practice on wrongful death, dram shop liability, truck accidents, and catastrophic injury. He is a published contributor to Texas Lawyer magazine and currently presents at MADD and TABC co-sponsored roundtables on civil dram shop accountability.
Mike C. Miller, Of Counsel
Mike C. Miller is one of a small number of Texas attorneys who is both Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and a Fellow of the American Board of Trial Advocates (ABOTA). He has represented injured Texans in state and federal courts for over 40 years.
He earned his law degree from the University of Texas School of Law in 1984 and has held his Board Certification continuously since 1989, a credential fewer than 3% of Texas attorneys hold. He has served as faculty at ABOTA’s Masters in Trial seminar and presented CLEs through the State Bar of Texas and the Texas Trial Lawyers Association.
Mike concentrates his practice on wrongful death, dram shop liability, truck and commercial vehicle accidents, FELA railroad claims, and catastrophic injury. He holds an AV Preeminent Rating from Martindale-Hubbell and has secured multiple million-dollar verdicts and settlements throughout his career.