Hit by a Commercial Vehicle in Texas? Here’s How Your Claim Is Different
If you were hit by a commercial vehicle in Dallas, Fort Worth, or anywhere in Texas, you’re not just dealing with another driver—you’re up against a business with powerful legal and insurance teams. Here’s how these cases differ from regular car wrecks and what you need to know to protect your rights.
What Counts as a Commercial Vehicle?
What Counts as a Commercial Vehicle?In Texas, a commercial vehicle includes delivery trucks (like Amazon, UPS, or FedEx), 18-wheelers, construction vehicles, and even rideshare vehicles under certain conditions. According to Texas Transportation Code § 548.001, commercial vehicles are subject to different safety standards, insurance minimums, and licensing requirements.
Key Differences in a Texas Commercial Vehicle Accident Claim
1. Higher Insurance Limits
Commercial carriers are required to carry far more insurance than personal drivers. This means potentially greater compensation is available—but also that insurers will fight harder to minimize your payout.
2. Employer Liability (“Respondeat Superior”)
If the driver was “on the clock,” their employer may be held responsible. This opens up the possibility of pursuing the company itself for negligent hiring, training, or supervision.
3. Federal & State Regulations
Commercial drivers must follow FMCSA regulations and Texas commercial driving laws. These include hours-of-service limits, maintenance logs, drug testing, and load securement rules. Any violation can be crucial evidence of negligence.
4. Black Box & Logbook Evidence
Many commercial vehicles are equipped with data recorders or GPS systems that capture speed, braking, and hours driven. Prompt legal action is essential to preserve this evidence before it’s overwritten or lost.
5. Multiple Defendants
Your claim may involve several parties: the driver, their employer, a third-party maintenance company, a shipping contractor, or even the vehicle’s manufacturer if a defect played a role. Identifying all liable parties is key to maximizing compensation.
Common Causes of Commercial Vehicle Accidents in Texas
- Driver fatigue or distracted driving
- Improper vehicle maintenance
- Overloaded or unsecured cargo
- Speeding or aggressive driving to meet deadlines
- Inadequate driver training
What Damages Can You Recover?
Victims of commercial vehicle crashes may seek compensation for:
- Medical bills and future care needs
- Lost income and reduced earning capacity
- Pain and suffering
- Property damage
- Wrongful death (in fatal cases)
Under Texas Civil Practice & Remedies Code § 33.001, your compensation can be reduced if you’re found partially at fault—but you can still recover if you’re less than 51% responsible.
Time Limits: Don’t Wait to Act
In most cases, you have two years from the date of the accident to file a lawsuit under the Texas statute of limitations. But evidence like surveillance footage or truck logs may be lost much sooner. Prompt legal guidance can make a huge difference in your case’s strength.
FAQ: Texas Commercial Vehicle Crashes
Can I sue the trucking company after a crash?
Yes. If the driver was working at the time, the employer can often be held liable under the doctrine of respondeat superior. You may also sue for negligent hiring or failure to maintain the vehicle.
What if I was partially at fault?
Texas follows a “modified comparative fault” rule. As long as you’re less than 51% responsible, you can still recover damages—though your award will be reduced by your percentage of fault.
How long do I have to file a lawsuit?
Generally, two years from the date of the crash. But evidence can disappear quickly, so it’s important to act promptly.
Legal Sources and Further Reading
Disclaimer
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.
