Can You Sue a Trucking Company in Texas?

Truck accidents can cause catastrophic injuries and life-altering consequences. When a massive 18-wheeler collides with a passenger car, the damage is often far worse than in a typical crash, as are the legal challenges. One of the most common questions victims ask after a truck accident is, 'Can I sue the trucking company?'

At Webster Vicknair Macleod, we help victims of serious truck accidents in Texas hold negligent trucking companies accountable. Suing a truck driver is one thing—but in many cases, the company behind them is just as responsible, if not more. Here's what you need to know about suing a trucking company in Texas, what makes these cases unique, and how to protect your right to compensation.

When Can You Sue a Trucking Company in Texas?

You can sue a trucking company in Texas when its negligence contributes to your injuries. This can happen in several ways:

• The company employed the at-fault driver.
• The company failed to train or supervise the driver.
• The company violated safety laws or pushed illegal practices.
• The truck was improperly maintained.
• The company hired a driver with a poor safety record.

In many crashes, the truck driver may be directly at fault, but that doesn’t mean the company avoids liability. Texas law allows injured parties to hold employers accountable for allowing unsafe practices to occur or for failing to prevent foreseeable harm.

What is Vicarious Liability?

One of the key legal doctrines in truck accident claims is vicarious liability, also known as respondeat superior. Under this principle, an employer can be held legally responsible for an employee's negligent acts if those actions occurred within the scope of employment.

That means the company can be sued even if it wasn't directly negligent if the driver was on the clock, performing job duties, and caused a crash through negligence (like speeding, fatigue, or distraction).
However, if the truck driver was an independent contractor or was using the vehicle for unauthorized personal business at the time of the accident, the company may try to deny responsibility. Even in those cases, liability may still apply depending on how much control the company exercised over the driver’s actions.

Direct Negligence by the Trucking Company

In addition to vicarious liability, Texas law allows you to sue a trucking company for its own direct negligence. Examples include:

Negligent Hiring

If the company failed to properly screen a driver with a known history of DUIs, traffic violations, or license suspensions, it could be liable for negligent hiring.

Negligent Training or Supervision

Companies must provide adequate training and oversight. The employer may be held responsible if a driver is unprepared to handle hazardous conditions or complex equipment.

Violating FMCSA Regulations

The Federal Motor Carrier Safety Administration (FMCSA) sets rules on hours of service, inspections, maintenance, and drug testing. Violating these rules can open a company to liability.

Unsafe Schedules and Pressure

Some companies push drivers to meet unrealistic deadlines, encouraging them to skip rest breaks or speed. The company can be held accountable if that pressure contributed to the crash.

Poor Truck Maintenance

If the trucking company failed to inspect or repair the vehicle, leading to brake failure, tire blowouts, or steering problems, it can be sued for endangering public safety.

How Do You Prove the Trucking Company Was Liable?

Building a successful case against a trucking company requires strong evidence. Your Texas truck accident attorney may investigate:

• Black box (event data recorder) data showing speed, braking, and time on the road
• Driver logs revealing hours-of-service violations or falsified entries
• Truck maintenance and inspection records
• Company emails or dispatch records showing unreasonable scheduling pressure
• Hiring and training documents
• Accident reconstruction expert analysis
• Witness statements and dashcam footage

Time is critical. Trucking companies often deploy their own investigators and insurance adjusters within hours of a crash. To protect your rights, contacting our Texas truck accident lawyers as soon as possible is essential, allowing evidence to be preserved.

What Types of Damages Can You Recover?

If you successfully sue a trucking company, you may be able to recover compensation for:

• Medical expenses (past and future)
• Lost income and diminished earning capacity
• Pain and suffering
• Emotional distress
• Disfigurement or permanent impairment
• Property damage
• Wrongful death damages, if a loved one was killed

In some cases, you may also be eligible for punitive damages if the trucking company’s conduct was especially reckless or egregious. For example, if they knowingly sent a driver on the road with faulty brakes, or after they had failed a drug test.

What If the Trucking Company Denies Responsibility?

It’s not unusual for trucking companies to deny fault or try to shift blame onto the driver, another vehicle, or even the victim. Their insurance carriers are typically high-powered commercial insurers that will aggressively protect their bottom line.

Common tactics include:

• Arguing that the driver was an independent contractor
• Claiming the victim caused or contributed to the crash
• Destroying or failing to preserve evidence
• Offering lowball settlements quickly before a full investigation
• Delaying responses to wear down injured victims

Our firm's experienced Texas truck accident attorneys know how to counter these tactics, file the necessary legal motions, and push back with compelling evidence.

Statute of Limitations for Truck Accident Lawsuits in Texas

Under Texas Civil Practice & Remedies Code § 16.003, you generally have two years from the crash date to file a personal injury or wrongful death lawsuit. Waiting too long could result in your case being dismissed, even if the trucking company was clearly at fault. Since valuable evidence can disappear and witnesses’ memories fade, starting your claim well before this deadline is imperative.

What If More Than One Party Is at Fault?

In many truck accident cases, multiple parties share liability. In addition to the trucking company, you may also have claims against:

• The truck driver, for negligent driving
• A freight broker, for selecting an unsafe carrier
• A maintenance company, for faulty repairs
• A vehicle manufacturer, for defective parts
• A loading company, for improperly secured cargo

Your truck accident attorney will investigate each potential defendant and determine the full scope of liability. Suing all responsible parties increases your chances of recovering full compensation.

Do You Have to Go to Court to Sue the Trucking Company?

Not necessarily. Many truck accident lawsuits are resolved through settlement negotiations. However, you should only accept a settlement if it fully accounts for your injuries and long-term needs.

At Webster Vicknair Macleod, our Texas truck accident lawyers prepare every case as if it will go to trial. This puts pressure on the defense to offer fair compensation. We’re ready to fight for you in court if they won't.

You Can Sue a Trucking Company in Texas, But You Need the Right Team

If a negligent trucking company puts your life in danger, you absolutely have the right to take legal action. But these companies are protected by powerful insurers, large legal teams, and years of experience defending claims. Without skilled representation, it’s easy to be taken advantage of or denied fair compensation.

That’s where we come in. At Webster Vicknair Macleod, we help truck accident victims across Texas uncover the truth, expose negligence, and pursue justice. We understand federal regulations, know how to hold trucking companies accountable, and fight tirelessly on behalf of our clients.

If you or a loved one has been injured in a collision with a commercial truck, don’t wait. Contact us online today to schedule your free consultation and learn how we can help hold the trucking company or other at-fault parties accountable.

References

American Bar Association. (n.d.). Negligence. https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/everydaylaw0/health_care/personal_injury/negligence/
Federal Motor Carrier Safety Administration. (n.d.). Regulations. U.S. Department of Transportation. https://www.fmcsa.dot.gov/regulations/
National Highway Traffic Safety Administration. (n.d.). Event data recorder. U.S. Department of Transportation. https://www.nhtsa.gov/research-data/event-data-recorder
Texas Civil Practice and Remedies Code § 16 (n.d.). https://statutes.capitol.texas.gov/docs/cp/htm/cp.16.htm