Texas Laws Governing Truck Accident Liability

Truck accidents have severe consequences for all involved, including severe injuries, significant property damage, and sometimes death. The severity of trucking collisions makes it essential for those involved to understand their rights and legal options. Truck accident liability in Texas is governed by laws requiring in-depth knowledge and legal know-how.

This blog will discuss the laws governing truck accident liability in Texas and examine who the liable parties in a truck accident case might be. If you need help understanding these laws or knowing your rights, our Terry Bryant Accident & Injury Law team is here to help. We will carefully explain all the legal intricacies and help you understand your rights.

Our initial consultations are free, during which you can ask questions and have all of your concerns addressed. Contact us now at (713) 973-8888 or toll-free 1(800) 444-5000 for a free and confidential truck accident case review.

Why Choose Our Truck Accident Lawyers to Represent You?

Reliable legal representation is crucial in truck accident compensation claims. These claims are complex, involving different laws and multiple parties, and they require seasoned legal expertise. Our truck accident lawyers at Terry Bryant Accident & Injury Law understand the unique laws governing commercial trucking in Texas.

From state-specific rules to federal guidelines set by the Federal Motor Carrier Safety Administration (FMCSA), we know how to build a case that holds all responsible parties accountable. Our firm has successfully represented countless truck accident victims across Texas since we first opened our doors in 1985. We have the skills and resources to take on even the most challenging cases and insurance companies. Contact us if you need a legal team that will fight tirelessly for you and help you get the maximum compensation.

We will investigate the cause of the truck accident, gather helpful evidence, and represent you during negotiations. We are unafraid to go to trial, so you can count on us to advocate for you to get a favorable verdict. 

Potential Liable Parties for a Truck Accident in Texas

To build a strong case and maximize compensation, you must identify the party or parties responsible for the truck accident. Below are some of the parties that may be held liable:

The Truck Driver

Negligent drivers may be liable for accidents. Negligent behavior includes speeding, distracted driving, and driving under the influence. Fatigued driving, resulting from violating federal hours-of-service regulations, is also proof of negligence.

The Trucking Company

The company may be responsible if it fails to properly vet drivers before hiring them or fails to monitor their performance. If the trucking company neglects regular vehicle maintenance, it could be held accountable for accidents caused by mechanical failures. Companies that force drivers to meet unrealistic deadlines will be held liable as they contributed to unsafe driving practices.

Truck or Parts Manufacturers and Third-Party Maintenance Companies

If defective equipment, such as faulty brakes, tires, or another truck component, causes an accident, the manufacturer will be liable. Third-party maintenance companies can also share liability if they perform substandard repairs or inspections that contribute to the accident.

In addition to the above, cargo loaders or shippers may be liable if they fail to properly load or secure the truck’s cargo. In chain-reaction crashes, other drivers on the road can be partly liable if they are negligent.

What Law Governs Truck Accident Liability in Texas?

Although there is no specific Texas truck accident law, several laws govern truck accident liability. We discuss the vital ones below.

The Texas Transportation Code

The Texas Transportation Code contains rules that commercial truck drivers and trucking companies must follow. Some of the rules are:

• Safe Following Distances: Truck drivers must maintain sufficient space between their vehicles and others to prevent collisions.
• Load and Weight Restrictions: Truck drivers must ensure they do not overload their trucks. Overloaded or improperly secured cargo violates state law and increases the risk of accidents, making it a ground for proving liability.
• Right-of-Way Rules: Trucks must yield the right of way to pedestrians and other vehicles, especially at intersections and in traffic merges.
• Mandatory Insurance Coverage: Truck drivers must have the minimum insurance requirements for commercial vehicles.

If the truck driver fails to follow the rules, this would be evidence of liability against them.

Proving liability in truck accident cases often involves an intersection of federal and state laws. We know these laws, how they affect your case, and how to use them to hold the liable parties accountable.

Comparative Negligence Rule

The comparative negligence rule states that if a person is partly liable for an accident, they can still receive compensation. The pure comparative negligence rule allows each party to receive compensation regardless of their level of fault. Truck accident liability in Texas does not follow this rule.

Instead, Texas uses the modified comparative negligence rule. Under this law, compensation is possible if the fault percentage is less than 51%. So, if your liability is 50% or less, you can receive compensation, but the amount will be less than your fault percentage. As such, someone with 25% fault will only receive 75% of the money they get as a settlement or are awarded as a verdict.

Statute of Limitations

The statute of limitations is not used to prove negligence or apportion fault, but it plays a key role in truck accident compensation. The statute of limitations provides a time frame for filing a claim; it is typically two years in Texas for personal injury claims. (*However, always speak directly to an attorney for the exact deadlines that apply to your potential claims.) The two-year period starts counting from the accident date, and if you do not take action within that time, you cannot hold the at-fault party liable.

What About the Federal Motor Carrier Safety Administration (FMCSA) Rules?

The FMCSA rules are federal law but are applied alongside state laws like the Texas Transportation Code. Breaking the FMCSA rules amounts to negligence, which is vital evidence in establishing liability. The Hours of Service (HOS) regulations are the most common rule broken by truck drivers.

The HOS stipulates the number of hours truck drivers can drive before taking mandatory rest. Most drivers violate the HOS to meet deadlines set by companies. So, if you have proof of the truck driver’s breaking this rule, you can hold the company and the truck driver liable for your accident injuries.

How Liability Is Proven in Texas Truck Accident Cases

To establish liability, you must prove the following elements of negligence:

• Duty of Care: The truck driver owed you a duty of care.
• Breach of Duty: The truck driver breached this duty through negligent or reckless actions.
• Causation: The breach directly caused the accident and resulting damages.
• Damages: You suffered measurable harm due to the accident. This translates to economic and non-economic damages like medical bills, lost wages, pain and suffering, property damage, and loss of enjoyment of life.

Police reports, eyewitness testimony, expert opinions, and physical evidence, such as skid marks and vehicle damage, are crucial in proving these elements.

We Are Here to Help You Hold the Party Who Harmed You Accountable

At Terry Bryant Accident & Injury Law, we understand the physical, emotional, and financial toll a truck accident can take. Therefore, we will provide personalized support and keep you informed every step of the way. We will do all we can to help you get a favorable outcome. Call us now at (713) 973-8888 or toll-free 1(800) 444-5000 for a free truck accident case review.