The Short Answer…
Truck accident liability doesn’t always fall on just one person. Depending on how the crash occurred, the truck driver, trucking company, cargo loaders, maintenance contractors, parts manufacturers, or even a government agency may all share fault. In some cases, multiple parties are responsible, and determining truck accident liability requires a detailed investigation, knowledge of state and federal trucking laws, and strong evidence, such as police reports, black box data, driver logs, and maintenance records.
Below is everything you need to know about truck accident liability in Texas, who may be held responsible, how fault is proven, and what a truck accident lawyer can do to protect your claim from the start.
Key Takeaways
- Liability can fall on several parties, including the driver, trucking company, or third parties like cargo loaders or manufacturers.
- Evidence, such as ELD data, black box recordings, police reports, and witness statements, is critical to proving fault.
- Trucking companies often share responsibility through negligent hiring, training, supervision, or maintenance.
- Texas follows a modified comparative negligence rule, meaning you can recover compensation as long as you are 50% or less at fault.
- A Texas truck accident lawyer helps preserve evidence, identify all liable parties, and pursue every available source of compensation.
Table of Contents
What Is Truck Accident Liability?
Liability in a truck accident case refers to who is legally responsible for the crash and your resulting injuries and financial losses. In Texas, responsibility is based on negligence or a failure to use reasonable care.
To prove liability, you must show 4 elements:
- Duty of care – the at-fault party had a legal obligation to act safely.
- Breach of duty – they failed to act safely (speeding, distracted driving, poor maintenance, etc.).
- Causation – their actions directly caused the accident.
- Damages – you suffered injuries or financial losses.
Because commercial truck accidents can involve employers, contractors, and specialized equipment, truck accident liability is typically more complex than a regular car accident.
Who Is Liable in a Truck Accident?
Several individuals, companies, and agencies may be responsible depending on what caused the crash.
1. The Truck Driver
A truck driver may be liable if their actions contributed to the crash. Common driver-related causes include:
- Speeding or tailgating
- Distracted driving (phone use, in-cab screens, GPS)
- Driving under the influence
- Fatigue or hours-of-service violations
- Improper braking or failed evasive maneuvers
- Ignoring weather or road conditions
2. The Trucking Company
Under the legal doctrine of respondeat superior (a form of vicarious liability), a trucking company is responsible for the actions of its employees. But companies can also be directly liable for:
- Negligent hiring (putting unsafe drivers on the road)
- Inadequate training
- Pressuring drivers to meet unrealistic delivery schedules
- Failing to inspect or maintain their fleet
- Allowing drivers to violate federal hours-of-service regulations
3. Cargo Loaders or Freight Companies
Overloaded or improperly secured cargo can shift and cause rollovers, jackknife accidents, or lost-load crashes.
Cargo-loading companies may be liable when:
- Cargo exceeds federal weight limits
- Loads are unbalanced
- Cargo is not secured with proper equipment
- Hazardous materials are mislabeled or improperly handled
4. Truck or Parts Manufacturers
If a defective part contributed to the crash, the manufacturer may be responsible. Examples include:
- Faulty brakes
- Tire blowouts
- Steering system failures
- Defective coupling systems
- Engine or transmission defects
5. Maintenance and Service Contractors
Some trucking companies outsource their maintenance. If negligent repairs or skipped inspections played a role, the maintenance provider may share liability.
Examples of maintenance negligence:
- Failing to replace worn brakes
- Incomplete safety inspections
- Neglecting tire replacements
- Using incorrect or low-quality replacement parts
6. Government Agencies or Road Contractors
A government entity may be liable if dangerous road conditions contributed to your accident, such as:
- Poor road design
- Missing guardrails
- Potholes deep enough to disrupt a truck’s stability
- Inadequate lighting or missing signs
- Ongoing construction without proper warnings
These claims require meeting strict deadlines and special notice requirements.
7. Other Drivers
Sometimes a third driver causes the crash by:
- Cutting off the truck
- Unsafe lane changes
- Road rage or aggressive driving
- Sudden braking
Even if the truck hit you, fault may lie with another motorist.
What If Multiple Parties Are Responsible?
It’s very common for several parties to share fault in a commercial truck accident. Because 18-wheelers involve drivers, employers, cargo handlers, maintenance companies, and parts manufacturers, one mistake can quickly overlap with another.
Under Texas law, you can pursue compensation from every negligent party, which may significantly increase the total amount of money available to you. Each party may owe you compensation, and each one will have insurers and corporate lawyers working to avoid paying it. A truck accident lawyer can investigate every angle, gather the evidence needed to prove shared liability, and help ensure that no responsible party escapes accountability.
What If You’re Partially At Fault?
Texas follows a modified comparative negligence rule, which means:
- You can still recover compensation if you are 50% or less at fault for the accident.
- Your compensation is reduced by your percentage of fault.
- For example, if you are awarded $100,000 but found 20% at fault, you would receive $80,000.
- If you are 51% or more at fault, you cannot recover damages at all under Texas law.
Because trucking companies and their insurers know how powerful this rule is, they often use it to their advantage. They may claim you contributed to the crash by braking suddenly, speeding slightly, or not reacting “fast enough.”
This is exactly why you need an experienced truck accident lawyer on your side. An attorney can challenge false or exaggerated blame-shifting tactics and push back with strong evidence.
How Truck Accident Liability Is Determined in Texas
Establishing liability requires a careful review of evidence, industry standards, and federal regulations to uncover exactly why the crash happened and who is legally responsible. Below are the key steps that go into determining liability in a Texas truck accident:
1. Examining the Cause of the Crash
Investigators and attorneys look closely at how the accident occurred, considering factors such as:
- Driver error (speeding, distraction, fatigue)
- Improper loading or unsecured cargo
- Equipment failure or defective parts
- Poor vehicle maintenance
- Hazardous road conditions
- Violations of federal trucking regulations
This initial assessment helps narrow down which parties may be at fault.
2. Reviewing Key Evidence
Determining liability relies on gathering and analyzing:
- Black box data: Reveals speed, braking, steering, and vehicle behavior seconds before impact.
- Electronic Logging Device (ELD) records: Show hours worked, rest breaks, and potential fatigue violations.
- Driver logs and employment records: Help identify unsafe practices or rule violations.
- Maintenance and inspection reports: Show whether the truck was properly cared for.
- Cargo documentation: Identifies the company responsible for loading and securing the freight.
- Police reports and citations: Provide initial fault findings and witness information.
- Accident scene photos and video: Help reconstruct the collision.
- Surveillance or dashcam footage: Often critical in proving what happened.
3. Applying State and Federal Regulations
Trucking companies and drivers must comply with strict rules set by the Federal Motor Carrier Safety Administration (FMCSA) and Texas law. Common violations that point to liability include:
- Hours-of-service violations
- Overweight or unbalanced loads
- Poor vehicle maintenance
- Negligent hiring or training practices
- Failure to conduct required drug and alcohol testing
Regulation violations often serve as strong evidence that a trucking company or driver acted negligently.
4. Conducting Accident Reconstruction
In many cases, experts use physical evidence, vehicle damage, skid marks, and digital data to create a professional reconstruction of the crash. This can show:
- The truck’s position and speed
- Whether brakes were applied
- Lane movements
- The sequence of impacts
Reconstruction is especially important when multiple vehicles or multiple potential causes are involved.
5. Identifying All Liable Parties
Once the evidence is analyzed, investigators determine which parties contributed to the crash. In many cases, liability is shared by multiple parties. A lawyer can help identify all liable parties to help you pursue justice and the maximum compensation available.
How a Lawyer Can Help Your Liability Claim
Trucking companies, their insurers, and their legal teams move quickly to protect themselves, and they count on victims not knowing their rights. Without the right legal representation, valuable evidence can disappear, responsible parties may go unidentified, and insurance companies may pressure you into accepting less than your case may be worth.
A lawyer can:
- Preserve evidence before it’s lost or destroyed.
- Issue legal demands to secure trucking and employment records.
- Identify all liable parties to maximize your potential compensation.
- Work with expert witnesses and accident reconstruction professionals.
- Handle all communication and negotiations with insurance companies.
- Protect you from blame-shifting strategies.
- Fight for full and fair compensation for your medical bills, lost wages, pain and suffering, and more.
Our attorneys at Braker White understand the unique challenges of truck accident liability in Texas. We know how trucking companies operate, we know their strategies, and we know how to counter them with a strong, evidence-driven case. When you hire us, you gain an advocate who is not afraid to stand up to large trucking companies and demand justice.
Choose Braker White for Your Truck Accident Liability Case
At Braker White, we are a local West Texas law firm proudly serving injured clients throughout Odessa, Midland, and the surrounding Permian Basin communities. With over 60 years of combined experience handling complex truck accident cases, our lawyers know exactly how to stand up to trucking companies, corporate insurers, and their legal teams.
- Decades of Combined Legal Experience: Our attorneys have spent years fighting for victims of commercial truck accidents in Texas. We understand the unique challenges of West Texas roads, trucking routes, oilfield traffic, and the tactics used by large trucking companies based throughout the region.
- Local Knowledge of Midland & Odessa: We live and work here. We understand the highways, the traffic patterns, and the dangerous trucking corridors that contribute to accidents in the Permian Basin. This local insight gives us an edge during investigations and negotiations.
- Immediate Action to Preserve Evidence: Trucking companies don’t waste time, and neither do we. Our team moves quickly to secure evidence before it’s lost or destroyed.
- Access to Top Experts & Reconstruction Specialists: We partner with leading investigators, accident reconstruction teams, medical professionals, and industry experts to build the strongest case possible.
- Personalized Attention From a Local Law Firm: When you work with us, you’re not just a case file. You get direct communication, honest guidance, and a legal team that cares about your recovery.
- No Fee Unless We Win: You never pay upfront. We only get paid if we successfully recover compensation for you.
If you were injured in a truck accident and need a law firm with experience, local insight, and a track record of results, Braker White is here to help. Contact us today for a free, no-obligation case review.
