Texas Truck Accident Laws: Who’s Liable When an 18-Wheeler Causes a Crash?

When an 80,000-pound commercial truck collides with a passenger vehicle on a Texas highway, the aftermath is often devastating. Determining who is legally responsible for the crash is a critical step for injured victims seeking compensation. Unlike a typical car accident, 18-wheeler crashes can involve multiple liable parties—including the driver, the trucking company, parts manufacturers, and even freight brokers. Understanding how Texas law interacts with federal trucking regulations is essential to identifying the responsible parties and building a strong personal injury claim.

Understanding Truck Accident Liability in Texas

Texas is a fault-based state when it comes to motor vehicle accidents. That means the party (or parties) responsible for causing the crash are liable for the damages. In a commercial truck accident, liability may not rest solely on the driver behind the wheel.

Under Texas Civil Practice and Remedies Code § 33.001, a claimant’s recovery may be reduced or barred depending on their degree of fault. However, when an 18-wheeler driver or their employer is primarily to blame, multiple legal avenues for compensation open up.

Common Liable Parties in Texas Truck Accidents

1. The Truck Driver

Truck drivers can be held liable when their negligence—such as speeding, distracted driving, driving under the influence, or violating hours-of-service rules—causes a crash.

The Federal Motor Carrier Safety Regulations (FMCSRs), enforced by the Federal Motor Carrier Safety Administration (FMCSA), require commercial drivers to adhere to strict safety standards. Violations of these federal rules, including driving more than 11 hours without adequate rest, can support a negligence claim in Texas courts.

2. The Trucking Company

Trucking companies often bear vicarious liability under the legal doctrine of respondeat superior when their employee causes a crash while acting within the scope of employment. But Texas law also allows for direct liability claims when the company itself acts negligently, such as:

• Failing to properly screen or train drivers 
• Ignoring safety violations 
• Encouraging logbook falsification or overwork 
• Neglecting truck maintenance 

3. Freight Brokers and Shippers

Freight brokers coordinate the logistics between shippers and carriers. They’re typically not considered motor carriers, but recent case law and federal regulations are eroding that immunity. In Aspen American Insurance Co. v. Landstar Ranger, Inc., 65 F.4th 1261 (5th Cir. 2023), the court addressed broker liability under negligence claims, especially when brokers knowingly hire unsafe carriers.

While the Federal Aviation Administration Authorization Act (FAAAA) often preempts state-law claims against brokers, exceptions exist when plaintiffs can prove that the broker’s actions led directly to harm.

4. Truck and Parts Manufacturers

When a mechanical failure—like brake failure, tire blowouts, or steering system defects—contributes to a crash, the manufacturer of the faulty component may be held liable under Texas product liability law. Plaintiffs must typically show:

• The product was defective 
• The defect caused the accident 
• The product was being used as intended 

Under Texas Products Liability Act, codified in Chapter 82 of the Texas Civil Practice and Remedies Code, injured parties may sue manufacturers for design, manufacturing, or marketing defects.

5. Maintenance Providers and Third-Party Contractors

Some trucking companies outsource vehicle inspections and repairs. If these service providers negligently perform their duties and a failure causes a crash, they too may share in the liability.

How Federal Trucking Regulations Affect Texas Claims

Federal regulations form the backbone of many negligence cases involving commercial vehicles. When drivers or companies fail to comply with FMCSRs—codified at 49 C.F.R. §§ 350–399—such violations can be introduced as evidence of negligence per se in Texas courts.

Key federal requirements include:

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• Hours of Service (HOS) limits 
• Drug and alcohol testing 
• Vehicle inspection and maintenance logs 
• Driver qualification files 

Gathering Evidence in an 18-Wheeler Crash

Due to the complexity of truck accident cases, early investigation is critical. Evidence may include:

• Driver logbooks 
• Event data recorder (black box) downloads 
• Maintenance records 
• Dispatch communications 
• Company hiring/training files 
• Dashcam and traffic camera footage 

Texas attorneys often use spoliation letters to preserve key evidence. Under Texas Rule of Civil Procedure 215.2(b), courts may impose sanctions if a party destroys relevant evidence after being put on notice.

Proving Negligence and Causation

To succeed in a Texas truck accident claim, plaintiffs must prove:

1. The defendant owed a duty of care 
2. The defendant breached that duty 
3. The breach caused the accident 
4. The plaintiff suffered actual damages 

Negligence per se may apply when federal safety rules are broken. Expert witnesses—such as accident reconstructionists and trucking safety consultants—are often necessary to connect the dots between regulatory violations and causation.

Shared Fault and Comparative Negligence in Texas

Texas follows a modified comparative negligence rule under Tex. Civ. Prac. & Rem. Code § 33.001. If a plaintiff is found to be more than 50% responsible for the accident, they are barred from recovering damages.

Insurance companies often try to shift blame onto other drivers, including the injured party. Skilled legal counsel can push back by highlighting black box data, witness statements, and safety audit records.

Damages Available in a Texas Truck Accident Case

Truck accident victims in Texas may be entitled to:

• Medical expenses (past and future) 
• Lost income and reduced earning capacity 
• Pain and suffering 
• Mental anguish 
• Property damage 
• Wrongful death and survivor damages (Tex. Civ. Prac. & Rem. Code §§ 71.001–71.012) 

In rare cases, punitive damages may be available under Tex. Civ. Prac. & Rem. Code § 41.003, especially when the defendant’s conduct demonstrates gross negligence or malice—such as knowingly allowing a fatigued or unlicensed driver on the road.

Why Liability Matters in Texas Truck Accident Claims

Identifying every liable party is critical in these cases, especially given the often catastrophic nature of injuries. Commercial trucking companies are required to carry much higher insurance limits than regular drivers—at least $750,000 for general freight under FMCSA rules, and up to $5 million for hazardous materials.

Strategically pursuing claims against all responsible entities—including out-of-state carriers and brokers—maximizes the chances of full and fair compensation.

Speak With an Experienced Texas Truck Accident Attorney Today

If you or a loved one has been injured in a crash involving an 18-wheeler, don’t wait to take legal action. Trucking companies and insurers move quickly to protect themselves after a crash—so should you. The legal team at Dang Law Group is prepared to launch a comprehensive investigation, preserve critical evidence, and hold every liable party accountable.

We have the experience, resources, and resolve to take on major trucking companies and win. Contact Dang Law Group today for a free, no-obligation consultation to discuss your rights and legal options.

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.