Texas Truck Accident Lawyer: Deadlines, the 51% Rule, HB 19 and What Trucking Companies Must Preserve

Why a truck case is different from a car accident case

A commercial truck case usually has more than one responsible party and a set of federal safety rules that a passenger car driver never has to follow. Federal law applies to vehicles rated 10,001 pounds or more that are used in interstate commerce (49 CFR 390.5), so it covers far more than 18-wheelers: box trucks, dump trucks, tow trucks and many delivery trucks qualify.

The rules create a record. A property-carrying driver may drive at most 11 hours after 10 consecutive hours off, may not drive past the 14th hour on duty, and must take a 30-minute break after 8 hours of driving (49 CFR 395.3). Most trucks record those hours on an electronic logging device, and the carrier must keep the logs and supporting documents for six months (49 CFR 395.8).

The carrier must also keep an accident register for three years (49 CFR 390.15), inspection and maintenance records for every vehicle it controls for 30 days or more (49 CFR 396.3), the driver’s qualification file for three years after the driver leaves (49 CFR 391.51), and after a crash with a death, or an injury or tow-away plus a citation, it must test the driver for alcohol within 8 hours and drugs within 32 hours (49 CFR 382.303).

Insurance is larger than in a car case. A for-hire interstate carrier of ordinary freight must carry at least $750,000 in liability coverage, and carriers of the most dangerous hazardous materials $5,000,000 (49 CFR 387.9). Anyone can look up a trucking company’s safety record on FMCSA’s SAFER system and its insurance filings on the FMCSA Licensing and Insurance site.

How long do I have to file a truck accident claim in Texas?

Two years from the crash for an injury claim, and two years from the death for a wrongful death claim (Civil Practice and Remedies Code 16.003). A wrongful death claim is for the surviving spouse, children and parents; any of them may sue for all of them, and if none has filed within three months the estate’s executor or administrator must, unless all of them ask otherwise (CPRC 71.004).

If a city, county, state agency or transit authority was responsible, it is entitled to written notice of the claim within six months of the crash, and some city charters set shorter periods (CPRC 101.101).

What if I was partly at fault? The 51% rule

Texas uses modified comparative fault, called proportionate responsibility. If your share of responsibility is more than 50%, you recover nothing; if it is 50% or less, your damages are reduced by your percentage (CPRC 33.001 and 33.012). Trucking insurers push hard to put the injured driver over that line, so the truck’s own data and the police report matter from day one.

How HB 19 changed Texas truck cases

Since September 1, 2021, in a lawsuit for injury or death from a collision involving a commercial motor vehicle, the trucking company can require the trial to be split in two: the first phase decides who was at fault and compensatory damages, and the second decides exemplary damages. The motion must be filed by the later of 120 days after the company answers the lawsuit or 30 days after a new claim is added (CPRC 72.051 and 72.052).

In the first phase, evidence that the company broke a safety regulation is admissible only if the violation is tied to the cause of the crash and the regulation specifically governs the company, the driver or the equipment involved (CPRC 72.053). If the carrier admits the driver was its employee acting within the job, claims such as negligent hiring and training are moved out of phase one, with exceptions that keep key facts in: whether the driver was properly licensed, disqualified, medically certified, under an out-of-service order, driving over the hours limits, or texting or using a handheld phone in violation of federal rules (CPRC 72.054).

Our approach: we build the first phase around the driver’s own violations that the statute still allows, and we preserve the company’s safety record for the second phase.

How much is a Texas truck accident case worth?

Compensatory damages, including medical care, lost earnings and pain and suffering, have no general cap in an ordinary Texas truck case. Exemplary damages require clear and convincing evidence of fraud, malice or gross negligence, and are capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000 (CPRC 41.003 and 41.008).

Getting the Texas crash report

An officer who investigates a crash with an injury, a death or at least $1,000 in damage must file a written report with the Texas Department of Transportation within 10 days (Transportation Code 550.062). A person involved in the crash, their attorney, the vehicle owner and the insurers can obtain the report from TxDOT for a small fee, currently $6, or $8 certified (Transportation Code 550.065). We obtain the report for you.

Texas cases at Beverly Law

Texas matters at Beverly Law are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Michael Shemtoub, the firm’s managing attorney, is licensed in California and Washington and is not licensed in Texas. Lawyer responsible for this page: Michael Shemtoub, principal office 4929 Wilshire Blvd., Suite 960, Los Angeles, California.

Who can be held responsible

• The driver, for careless driving, fatigue, distraction or impairment.
• The motor carrier, for its driver’s conduct and for its own hiring, training, scheduling, dispatch and maintenance decisions.
• The owner of the tractor or the trailer when they are different companies, and a maintenance contractor whose work failed.
• A shipper or loader when a shifting or overweight load caused the crash.
• A manufacturer when a tire, brake or other part failed.
• A government agency when a road defect or a government vehicle contributed, which brings its own short claim deadlines.

What has to be preserved in the first days

• Electronic logging device data and the driver’s logs for the trip, which the carrier only has to keep for six months.
• The truck’s engine control module (“black box”) data: speed, braking and throttle in the seconds before impact. It can be overwritten when the truck goes back into service.
• Dash camera and in-cab camera footage, which many fleets delete on a schedule.
• The post-crash alcohol and drug test results, the driver’s qualification file and hours-of-service records for the previous week.
• Inspection, repair and maintenance records for the tractor and the trailer, and the driver’s vehicle inspection reports when a defect was found (49 CFR 396.11).
• Dispatch records, bills of lading and load weight, which show whether the schedule was possible without breaking the hours rules.

Our first step in every truck case is a written preservation demand to the carrier, its insurer and any broker or shipper, followed by a court order if the company does not confirm in writing.

Who handles your case

Michael Shemtoub founded Beverly Law in 2008 and has litigated truck accident cases for more than a decade. He is licensed to practice law in California and Washington, earned his law degree at UC Hastings, is admitted to practice in the U.S. District Courts for the Central and Northern Districts of California, and has tried cases to verdict. As the firm’s managing attorney, he oversees its truck and commercial vehicle cases. The consultation is free, in English or Spanish, and you owe no fees or costs unless we win.

What to do now

• Get medical care and keep every record and bill.
• Get the police report number and the truck’s USDOT number from the report or the side of the cab.
• Photograph the vehicles, the road, skid marks and your injuries, and get witness names.
• Do not give a recorded statement to the trucking company’s insurer, and do not sign anything before talking to a lawyer.
• Call a lawyer quickly. The trucking company’s investigators are often on the scene the same day, and the logs can be gone in six months.

Common questions

Related pages

California truck accident lawyer · Washington truck accident lawyer · Accident lawyers in Austin · Daily accident news

Important: This page is general information about the law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and rules depend on the facts of each case; talk to a lawyer about yours. Michael Shemtoub is licensed in California and Washington. Texas matters are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 2, 2026.