Truck Accident in Texas:
Your Rights & How to Claim.

Texas Truck Accident Overview (2026)

Texas consistently ranks #1 in the US for large truck fatalities. Commercial trucking is the backbone of the Texas economy — I-10, I-20, I-35, and I-45 carry enormous freight volumes, and the US-Mexico border crossing at Laredo is the busiest commercial land port in the US. This volume of truck traffic makes Texas a hotspot for commercial vehicle accidents.

Sources: Texas Department of Transportation 2024; FMCSA MCMIS; NHTSA 2023

Federal vs. Texas State Law in Truck Accident Cases

Texas truck accident cases involve both federal FMCSA regulations and Texas state law:

• Federal FMCSA rules govern all interstate commercial carriers: hours of service, CDL requirements, vehicle maintenance, drug/alcohol testing, ELD requirements, cargo securement
• Texas Transportation Code and Texas courts apply state negligence law, including the 51% comparative fault bar, to determine liability and damages
• FMCSA violations (HOS, maintenance, safety ratings) can establish negligence per se in Texas courts — significantly strengthening your claim

Liability in Texas Truck Accidents

• The truck driver: Negligent driving, fatigue (HOS violations), distracted driving, impaired driving, unsafe maneuvers
• The motor carrier (trucking company): Vicarious liability for employee drivers; negligent hiring, supervision, and retention; unrealistic delivery schedules that incentivize HOS violations
• Independent contractor issues: Under FMCSA's Lease Regulations (49 CFR Part 376), the carrier operating under the DOT number retains responsibility even for leased owner-operators — the contractor label does not shield the carrier
• Cargo loaders and brokers: Improper loading, overloading, failure to secure hazardous materials — cargo negligence is increasingly litigated in Texas courts
• Maintenance providers: Third-party repair shops that negligently service safety-critical components (brakes, tires, steering)

Texas Fault Rules and Truck Accidents

• Texas 51% bar applies: you can recover only if you are 50% or less at fault
• In multi-vehicle truck accidents, fault is apportioned among all parties — the trucking company, driver, and potentially you
• Your percentage of fault reduces your recovery proportionally
• Texas allows you to pursue multiple defendants and recover from each proportional to their fault

Exemplary Damages in Texas Truck Accident Cases

Texas allows exemplary (punitive) damages when the trucking company or driver acted with gross negligence or malice:

• Knowingly dispatching a fatigued driver who then causes a crash
• Operating a truck with known brake or tire defects
• Pressuring drivers to falsify HOS logs to meet delivery deadlines
• Impaired driving (drug or alcohol-involved crashes)
• Texas cap on exemplary damages: the greater of $200,000 or 2× economic damages + $750,000 in non-economic damages

Critical Actions After a Texas Truck Accident

• Note the truck's DOT number (on the cab door) — search the carrier's safety record at safer.fmcsa.dot.gov
• Photograph and video everything before vehicles are moved: positions, skid marks, cargo spill, damage, road conditions, warning signs
• Identify all witnesses — including other truckers who saw the accident via CB radio or dashcam
• Do not move vehicles until police arrive and measurements are taken — in a serious crash, a truck accident reconstruction expert may be needed
• Contact an attorney immediately — Texas has a 2-year SOL, but critical black box and ELD data can be destroyed in 30 days or less
• Post-accident drug/alcohol testing: FMCSA requires testing within 2 hours for alcohol and 32 hours for drugs after a fatal or serious-injury crash — request this information in discovery