If you have been injured in a truck accident, you are likely overwhelmed, confused, and wondering what your next steps should be. Medical bills are piling up, your vehicle may be totaled, and you might be unable to work. All of this while trying to recover from painful injuries. In the aftermath of a serious truck crash, many victims ask: “Can I sue?” and “Who can I hold responsible?”
The guide below will help you understand when you have the right to sue after a truck accident, what types of damages may be available, and who might be liable. Our truck accident attorneys also share how we can help you pursue the compensation you deserve.
Do I Have the Right to Sue After a Truck Accident?
You may have the right to file a lawsuit after a truck accident if:
- The accident was caused by someone else’s negligence
- You suffered injuries or financial losses
- The responsible party refuses to pay fair compensation
In Texas and most other states, the law gives truck accident victims the right to file a personal injury lawsuit when another party’s carelessness or recklessness caused the crash. That could be the truck driver, the trucking company, a parts manufacturer, or another driver.
What Is Considered Negligence in a Truck Accident?
Negligence is the failure to act with reasonable care. In the context of a truck accident, negligence might look like:
- A truck driver speeding, texting, or driving under the influence
- A trucking company forcing drivers to exceed hours-of-service limits
- Improperly loaded or unsecured cargo
- Mechanical failure due to lack of vehicle maintenance
- A parts manufacturer producing faulty brakes or tires
If someone’s negligence caused or contributed to the crash that injured you, they may be held legally responsible for your damages.
What are Some Circumstances for Filing a Lawsuit?
There are various circumstances that may cause you to seek legal guidance or take legal action. You should consider filing a lawsuit if:
- The insurance company denies your claim or offers far less than you deserve
- Your injuries are severe and long-term
- There is a dispute about who caused the accident
- Multiple parties may be responsible (e.g., driver, trucking company, cargo company)
- Evidence needs to be preserved before it’s lost or destroyed
Time is critical. In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. Waiting too long can mean losing your right to recover compensation altogether.
Who Can I Sue After a Truck Accident?
Truck accidents are often more complex than standard car accidents because there may be multiple liable parties. Depending on the facts of your case, you may be able to sue:
- The Truck Driver – If they were negligent behind the wheel (e.g., speeding, driving fatigued, or impaired)
- The Trucking Company – If they failed to properly train drivers, enforced unsafe schedules, or neglected maintenance
- A Cargo Loading Company – If improperly loaded cargo led to the crash
- A Truck Manufacturer or Parts Maker – If a defective truck part contributed to the accident
- Another Motorist – If another vehicle caused the accident involving the truck
Our team at Kherkher Garcia investigates each case thoroughly to identify every potential source of liability and maximize your chances of recovering full compensation.
What Kind of Compensation Can I Get from a Truck Accident Lawsuit?
If your case is successful, you may be able to recover compensation for:
- Medical expenses (current and future)
- Lost wages and reduced future earning capacity
- Pain and suffering
- Disability or disfigurement
- Property damage
- Loss of enjoyment of life
- Wrongful death damages if a loved one was killed
Truck accident cases often result in higher settlements or jury awards than typical car accident claims, especially when the injuries are severe or permanent. But these cases are also aggressively defended. Trucking companies have powerful insurers and legal teams. That’s why you need a strong legal advocate on your side.
How Do I Prove Negligence in a Truck Accident Case?
Proving negligence in a truck accident case requires gathering and preserving evidence, such as:
- Police accident reports
- Eyewitness testimony
- Black box data (event data recorder)
- Dashcam or surveillance video
- Trucking company maintenance records
- Driver logs and employment records
- Medical records and expert testimony
At Kherkher Garcia, our legal team works with accident reconstructionists, medical experts, and investigators to build strong cases for our clients. We know how to hold trucking companies accountable, even when they try to shift blame.
Why Truck Accidents Are More Dangerous Than Car Accidents
Truck accidents often lead to devastating injuries because of the sheer size and weight of 18-wheelers, tankers, and other commercial vehicles. Some of the most common injuries include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Burns from fuel or chemical spills
- Amputations
- Crush injuries and internal bleeding
- Wrongful death
Because of the high stakes involved, these cases require attorneys with experience and a strong track record in truck accident litigation. That’s what Kherkher Garcia delivers.
FAQs About Suing for a Truck Accident
Q: How long do I have to sue after a truck accident?
A: In Texas, you typically have two years from the date of the accident to file a lawsuit. However, the sooner you speak with a lawyer, the better your chances of preserving evidence and building a strong case.
Q: What if I was partially at fault for the accident?
A: Texas follows a “modified comparative fault” rule. As long as you were less than 51% at fault, you can still recover damages – though your compensation will be reduced by your percentage of fault.
Q: Do I need a lawyer to sue?
A: Technically, you can represent yourself, but truck accident cases are highly complex, and insurance companies will try to minimize payouts. An experienced attorney on your side levels the playing field.
Q: What does it cost to hire Kherkher Garcia?
A: We work on a contingency fee basis, which means you don’t pay anything unless we win your case. There are no upfront fees, and consultations are always free.
Q: What if the truck driver was working for a company—can I sue the company too?
A: Yes. In many cases, employers can be held liable for their drivers’ actions, especially if the driver was on the job at the time of the crash.
How Kherkher Garcia Can Help
At Kherkher Garcia, we have represented victims of some of the most catastrophic truck accidents in Texas and beyond. We understand how overwhelming it can be to face powerful trucking companies and their insurers, especially while trying to heal from your injuries.
Our attorneys will:
- Conduct a full investigation into the cause of the accident
- Identify all liable parties
- Handle all communications with insurance companies
- Consult with medical and accident experts
- Fight for maximum compensation, whether through settlement or trial
We are aggressive, compassionate, and unafraid to go to court to get justice for our clients.
Injured in a Truck Accident? Let Us Help.
If you or someone you love has been injured in a truck accident, don’t wait to take action. The sooner you speak with an experienced attorney, the more effectively we can protect your rights and help you recover the compensation you need to move forward.
Contact Kherkher Garcia today for a free, no-obligation consultation. Let us handle the legal fight so you can focus on healing. Call us now at 713-333-1030, or submit our online contact form to schedule your free case evaluation.
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