How to Sue a Trucking Company: A Legal Guide for Texas Truck Accident Victims

When a commercial truck crashes into a passenger vehicle, the consequences are often devastating. These massive vehicles can weigh up to 80,000 pounds, and a moment of negligence behind the wheel can leave victims with lifelong injuries or worse. If you or a loved one has been hurt in a Texas truck accident, you may have the right to sue the trucking company responsible.

In this guide, our Houston truck accident attorneys explain when and how you can sue a trucking company in Texas, who may be liable and the legal process. If you have questions, don’t hesitate to reach out to our experienced truck accident attorneys to help maximize your recovery.

Why Sue a Trucking Company Instead of Just the Driver?

Many victims mistakenly believe that only the truck driver is responsible for a crash. But in many cases, the trucking company is also liable – or primarily liable – for what happened. Here’s why:

• Vicarious Liability: Under Texas law, employers can be held responsible for the actions of their employees if they were acting within the scope of their employment.
• Negligent Hiring or Training: If the company hired an unqualified driver or failed to train them properly, they may be held directly liable.
• Improper Maintenance: If a mechanical failure caused the crash, the company may be responsible for failing to maintain the vehicle.
• Violation of Federal or State Regulations: Trucking companies must follow strict rules set by the Federal Motor Carrier Safety Administration (FMCSA) and Texas Department of Transportation (TxDOT). Violations can strengthen your case.

When You Can Sue a Trucking Company in Texas

You may have grounds to sue a trucking company in Texas if:

• You were injured in a crash caused by a commercial truck
• Your loved one was killed in a truck accident
• The trucking company’s negligence contributed to the accident
• The truck driver was on duty and working for the company at the time

Victims may sue for medical expenses, lost wages, pain and suffering, emotional distress, disfigurement, loss of consortium, and more. In wrongful death cases, families may sue for funeral costs, lost earning capacity, and loss of companionship.

Common Causes of Trucking Company Liability

Here are some common ways that trucking companies create or contribute to crash risks:

• Overworked Drivers: Companies may pressure drivers to work beyond legal hour limits. This leads to fatigue and impaired reaction time.
• Improper Cargo Loading: Unsecured or overloaded cargo can shift, making trucks unstable and increasing crash risk.
• Failure to Maintain Vehicles: Tire blowouts, brake failures, and steering problems often trace back to poor maintenance practices.
• Negligent Hiring: If a company hires a driver with a poor safety record, criminal history, or substance abuse issues, they may be liable.
• Failure to Monitor Compliance: Companies are required to keep logs, perform drug testing, and ensure drivers comply with federal and state laws.

Steps to Take If You are Considering a Lawsuit

If you or a loved one has been injured, here’s what you should do immediately:

Step 1: Seek Medical Attention

Always prioritize your health. Even if you feel fine, get evaluated. Some injuries take time to show symptoms.

Step 2: Document the Scene

If possible, take pictures or videos of the crash scene, truck, road conditions, and any visible injuries. Get contact info from witnesses.

Step 3: Avoid Speaking to the Trucking Company or Insurers

They may try to get you to settle quickly or make statements that can hurt your case. Politely decline until you have legal representation.

Step 4: Contact a Texas Truck Accident Attorney

A skilled attorney on your side is crucial. Our team will help investigate the crash, preserve evidence, and build a strong claim against the trucking company.

Proving Liability in a Trucking Company Lawsuit

To win your case, your legal team must establish negligence. This means proving:

• Duty of Care – The trucking company had a legal obligation to operate safely.
• Breach of Duty – The company failed in that obligation (e.g., by overworking drivers or skipping inspections).
• Causation – That failure contributed directly to the crash.
• Damages – You suffered real losses, such as physical injuries or financial harm.

What Evidence Do You Need?

Trucking company lawsuits often rely on detailed technical and regulatory evidence, including:

• Driver logs and time records
• Vehicle maintenance reports
• Black box (event data recorder) information
• Surveillance or dashcam footage
• GPS tracking data
• Drug and alcohol test results
• Hiring and training documents
• Accident reconstruction expert reports

Your attorney is able to issue subpoenas and preserve this evidence before the trucking company has a chance to destroy or alter it.

How Long Do You Have to File a Trucking Lawsuit in Texas?

In Texas, the statute of limitations for most personal injury and wrongful death cases is two years from the date of the accident. However, there may be exceptions depending on the facts of your case.

It is critical to act fast. Trucking companies and their insurers often have legal teams on the scene within hours. The sooner you call an attorney, the better your chances of securing key evidence and building a strong case.

How Kherkher Garcia Can Help

At Kherkher Garcia, we fight for truck accident victims across Texas. Our experienced legal team knows how to take on major trucking companies and their insurers – and win.

We can help you by:

• Investigating the cause of the crash
• Preserving and analyzing key evidence
• Identifying all liable parties
• Calculating the full value of your damages
• Negotiating aggressively with insurers
• Taking your case to trial if necessary

We handle truck accident claims on a contingency fee basis, meaning you pay nothing unless we win.

Frequently Asked Questions (FAQ)

Q: Can I sue if my family member was killed in a truck crash?

A: Yes. Surviving spouses, children, or parents may file a wrongful death claim against the trucking company.

Q: What if the truck driver was an independent contractor?

A: The company may still be liable if they exercised control over the driver’s work or failed to ensure safety compliance.

Q: What if the crash involved multiple vehicles?

A: These cases can be complex. Liability may be shared between the trucking company, driver, other motorists, or even government entities.

Q: How much is my case worth?

A: It depends on your medical costs, lost income, pain and suffering, and long-term impact. We can help calculate a fair amount based on your specific damages.

Injured in a Truck Accident? Let Us Help.

Suing a trucking company isn’t easy. But with the right legal team, it is absolutely possible. These companies are well-funded and fight hard to avoid paying victims, but you don’t have to face them alone. If you have been injured in a Texas truck accident, Kherkher Garcia is here to fight for the justice and compensation you deserve.

Contact Kherkher Garcia today for a free, no-obligation case review. Call us at 713-333-1030, or fill out our online form to get started.

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