Who is Liable in a Truck Accident?

Author

Written by

Angel Reyes

Editor

Edited by

Graham Griffin

Published August 2023

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Why Liability Matters After a Truck Wreck in Texas

A collision with an 18-wheeler on I-35 or LBJ Freeway doesn’t just total your car—it can flip your life upside down. The medical bills, missed paychecks, and recovery time stack up fast.

In those early days, one of the biggest questions you’ll face is this: who’s actually responsible?

Truck accident liability is the legal key that unlocks compensation. And with truck accidents, fault isn’t always straightforward.

You could be hit by a tired driver, a poorly loaded trailer, or a vehicle with faulty brakes.

That’s why understanding how accident liability works—and how Texas law assigns fault—matters so much.

What Liability Means in a Texas Truck Accident

Liability is about holding the right people accountable.

In Texas, it starts with negligence—when someone fails to act responsibly and causes harm.

That can be a driver running too many hours, a company ignoring maintenance schedules, or a freight broker rushing a job.

Texas law also allows for vicarious liability, meaning a company can be held responsible for its employees’ actions if the crash happened during work duties.

At the end of the day, more than one party can be liable—and it takes legal experience to uncover every one of them.

The 51% Bar Rule: How Fault Affects Your Truck Accident Claim

Texas follows a modified comparative fault system with a 51% bar rule. That means you can recover damages only if you’re 50% or less at fault.

Once you hit 51%, your truck accident case is over—you’re legally barred from recovering compensation.

Real Example:

You’re hit by a truck that ran a red light, but investigators say you were speeding.

If you’re found 20% at fault, your $100,000 in damages would be reduced to $80,000.

But if you were found 51% at fault? You’d get nothing.

Legal tip: Don’t guess at your percentage of fault. Let your attorney investigate before you give up your rights.

Even small percentages matter when it comes to financial recovery under Texas law.

Who Can Be Held Liable After a Truck Accident in Texas?

Truck accidents often involve a web of responsibility. Here are the most common parties that may be legally liable depending on the circumstances:

  • Truck driver – Negligence like fatigue, distraction, speeding, or violating federal regulations can all put the driver at fault.
  • Trucking company – May be liable for unsafe scheduling, poor training, or bad hiring practices under “respondent superior.”
  • Truck owner – If separate from the carrier, they could be responsible for mechanical issues or skipped maintenance.
  • Maintenance contractor – Outside repair shops can be held liable for missed inspections or substandard repairs.
  • Cargo loading company – Improperly loaded freight that shifts or spills can lead to devastating crashes.
  • Parts or vehicle manufacturer – Faulty brakes, tires, or steering components may lead to product liability claims.
  • Government entity – Poor road conditions, faulty signage, or design flaws may occasionally justify a public claim.
  • Other drivers – In multi-car pileups, any negligent drivers involved may share fault.
  • Freight brokers or shippers – Negligent coordination or failure to vet a carrier can also create liability.

Each of these parties has unique duties—and when they fail, people get hurt. Understanding who’s responsible is the foundation of a strong claim.

Learn more: Common Causes of Truck Accidents

How Liability Is Determined in a Texas Truck Accident

Proving accident liability requires collecting and analyzing a wide range of evidence.

Attorneys and investigators examine all aspects of the truck crash to piece together what happened and who is at fault.

Here’s what that process includes:

  • Police reports – Official accounts of the truck accident, often including fault opinions, citations, and witness info.
  • Eyewitness accounts – Neutral third-party views can provide strong support for your version of events.
  • Black box and ELD data – Digital records from the truck show speed, braking, hours on the road, and more.
  • Truck maintenance logs – Reveal ignored repairs or missed inspections.
  • Driver employment and training records – Help identify negligent hiring or failure to train properly.
  • Cargo manifests and loading documents – Can show whether unsafe freight conditions existed.
  • Company policies and procedures – Uncover unrealistic delivery schedules or unsafe expectations.
  • Regulation violations – Any FMCSA infractions can point to legal negligence.
  • Comparative fault findings – Every party, including the victim, is assigned a percentage of fault.

No two investigations are the same, and building a strong case requires technical skill and experience.

Next steps: What to Do After a Truck Accident in Texas

Federal Trucking Rules That Can Prove Negligence

Federal Motor Carrier Safety Administration (FMCSA) rules set strict safety requirements for commercial trucking.

When these rules are broken, it can provide powerful evidence in your case.

Some of the most common violations include:

  • Driving too many hours – Fatigued driving is a major crash risk.
  • Skipping mandatory inspections – Critical safety checks may be ignored.
  • Using unqualified drivers – Employers may hire without background or drug checks.
  • Failure to properly secure cargo – Load shift and rollover risks rise.
  • Falsifying logbooks – A sign of broader compliance problems.

Federal violations often support negligence claims against both drivers and trucking companies.

Read the rules: FMCSA Safety Regulations

Why You Need Legal Help for Multi-Party Truck Claims

Truck crashes rarely involve a single at-fault party. Multiple insurance companies, corporate lawyers, and contractors often enter the picture—all pointing fingers to avoid paying.

Here’s how Angel Reyes & Associates supports victims across Texas:

  • We identify all potential defendants – Even parties most people wouldn’t think of.
  • We preserve critical evidence quickly – Before it disappears.
  • We negotiate with multiple insurance teams – You won’t have to deal with them directly.
  • We work on contingency – You pay nothing unless we recover money for you.

When the stakes are high and the crash is complex, having a legal team that knows Texas trucking law can make all the difference.

Explore our legal services: Truck Accident Lawyer in Dallas, Texas

FAQs About Truck Accident Liability in Texas

Who can be held liable in a Texas truck accident?

Liability may fall on one or several parties including the truck driver, their employer, cargo handlers, or parts manufacturers. Each crash is unique and requires careful investigation.

How does the 51% bar rule affect my ability to recover compensation?

You can only recover damages if you’re found to be 50% or less at fault. If you’re 51% or more responsible, Texas law bars you from receiving compensation.

What damages can you sue for after a truck accident?

You may sue for economic damages like medical bills, lost income, and vehicle repairs, as well as non-economic damages like pain and suffering. In rare cases, punitive damages may also apply for gross negligence.

Who is liable if multiple parties caused a truck accident in Texas?

Texas uses comparative negligence to assign percentages of fault. You can still recover as long as you’re not more than 50% at fault—but your award will be reduced by your share of liability.

Are truck drivers responsible for damages?

Yes, especially if their negligence or violation of safety rules directly caused the crash. In many cases, their employer may also share that responsibility

Speak with a Dallas Truck Accident Lawyer Today

If a truck crash left you injured and overwhelmed, you don’t have to face it alone. Let Angel Reyes & Associates handle the legal side while you focus on recovery.

We’ve helped thousands of Texans take on trucking companies after serious wrecks—on I-20, I-635, and highways across the state. And we’ll fight for you like we’d fight for our own.

Schedule your free consultation: Contact Angel Reyes & Associates

Disclaimer: Every case is different. Past outcomes do not guarantee future results.

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