Legally Reviewed by Dale R. Rose on August 10, 2026
Liability after a Texas truck accident is determined by proving that a specific party, the driver, the trucking company, a maintenance contractor, or a cargo loader, acted negligently and that this negligence directly caused the crash. Because a single truck accident can involve several separate companies with separate insurance policies, identifying every responsible party is often the difference between a partial recovery and a full one.
The laws in Texas relating to liability are complicated, and a large commercial truck accident rarely has only one moving part. Understanding what factors are weighed when determining liability, and retaining a lawyer who knows how to investigate truck accidents in Texas, will help ensure that you pursue the full compensation available to you.
What Causes Most Truck Accidents in Texas?
Most truck accidents in Texas trace back to negligence on the part of the truck driver, the trucking company, or both. Trucking companies are sometimes responsible for negligent hiring or supervision practices, which may put inexperienced or unqualified drivers behind the wheel of vehicles weighing up to 80,000 pounds. Improper vehicle maintenance, failure to follow federal safety regulations, inadequate driver training, fatigue from overworking, and distracted driving are all recurring causes of Texas truck accidents.
Federal rules from the Federal Motor Carrier Safety Administration govern how long a commercial driver may operate without rest, and violations of these hours-of-service regulations are common evidence of negligence in a Texas truck accident case. Ultimately, negligent practices at the company level, not just driver error, lead to a large share of serious collisions and catastrophic injuries.
Who May Be Held Responsible for a Truck Accident?
In a truck accident, the truck driver and the owner-operator may both be liable. In many cases, more than one party bears responsibility, including another motorist, a mechanic who serviced the truck, the driver’s employer, and others. The driver must operate the vehicle to certain legal standards, and failing to meet those standards can result in accountability for the resulting damages.
If cargo is not loaded properly, or if it shifts during transit, the company responsible for loading or securing that cargo may also be liable, separate from the driver or trucking company. Identifying who is at fault matters because it determines which insurance policy, and how much of it, is available to compensate you.
Parties Who May Share Liability
- The truck driver, for speeding, fatigue, distraction, or other on-the-road negligence
- The trucking company or motor carrier, for negligent hiring, training, or vehicle maintenance
- A cargo loading company, for improperly secured or overweight loads
- A maintenance or repair contractor, for a brake or tire failure traced to inadequate service
- A parts manufacturer, if a defective component contributed to the crash
What Factors Determine Fault in a Texas Truck Accident?
Texas applies a modified comparative fault rule under Texas Civil Practice and Remedies Code Section 33.001. Each party whose negligence contributed to the crash is responsible for a share of the damages proportional to their percentage of fault, and if you are found more than 50 percent responsible, you are barred from recovering at all. Insurance companies representing trucking interests routinely try to shift blame onto the other driver to reduce their own exposure under this rule, which is why an independent investigation matters.
Building a case that stands up to this scrutiny relies on specific evidence, including electronic logging device data, driver qualification files, maintenance records, and black box data from the truck itself. Our related post on the evidence used to prove liability in commercial truck accident claims covers what investigators typically look for and why it needs to be secured quickly before records are lost or overwritten.
Filing Deadlines and Multiple Insurance Policies
Texas generally allows two years from the date of the crash to file a personal injury lawsuit under Texas Civil Practice and Remedies Code Section 16.003. Commercial trucking cases often involve several separate insurance policies, one for the driver, one for the motor carrier, and sometimes additional coverage for a shipper or maintenance contractor, and sorting out which policy responds first can take time. In some cases, the answer to whether you can sue the trucking company directly depends on whether the driver was a company employee or an independent contractor, which affects how liability passes up the chain.
Reach Out to an Experienced Texas Truck Accident Attorney Today
Determining liability is a difficult process, especially while you are also recovering from the accident itself. One of the best things you can do for yourself is retain a lawyer as soon as possible, so that the investigation into your truck accident begins before evidence disappears. Our related guide on the steps to prove fault in a Texas truck accident claim walks through what that early investigation typically involves.
Frequently Asked Questions About Truck Accident Liability in Texas
Who pays for damages if more than one party is at fault for a truck accident?
Under Texas’s proportionate responsibility rule, each negligent party pays a share of the damages equal to their percentage of fault. A trucking company found 70 percent responsible, for example, would generally be responsible for 70 percent of the damages awarded.
Can I sue the trucking company if the driver was an independent contractor?
In many cases, yes. Even when a driver is classified as an independent contractor, a trucking company that retained meaningful control over the driver’s work, schedule, or equipment can still be held liable, and this classification is often challenged during litigation.
How long do I have to file a truck accident claim in Texas?
Texas generally allows two years from the date of the accident to file a personal injury lawsuit. Claims involving a government-owned vehicle or roadway may carry a much shorter notice deadline, so early legal review matters.
What evidence is most important in proving who caused a truck accident?
Electronic logging device data, the truck’s black box, driver qualification files, maintenance records, and the police crash report are typically the most important sources of evidence, and much of this data can be lost or overwritten if it is not requested quickly.
Does it matter if the cargo shifted during the crash?
Yes. Improperly loaded or secured cargo is a common cause of jackknife and rollover accidents, and the company responsible for loading the trailer can be held liable separately from the driver or trucking company if a securement failure contributed to the crash.
When you are able, ask a lawyer for help. Dale R. Rose has spent nearly three decades investigating truck accident claims across North Texas, including cases involving multiple trucking companies, cargo loaders, and maintenance contractors. Complete our contact form today to arrange a free consultation with Rose Knows Law.
About the Attorney
Founder, Dale R. Rose, PLLC
Dale R. Rose is a civil trial attorney with over 165 first-chair jury trials and nearly 33 years of experience practicing law across Texas. A graduate of Texas Tech School of Law, he represents individuals and families in personal injury matters throughout North Texas.