Updated for 2025 — If you or a loved one was hurt in a crash with a commercial truck, you’re likely dealing with complex injuries, confusing insurance tactics, and a legal process that feels overwhelming. This guide explains how truck accident litigation works in Texas—from the first investigation through filing a lawsuit, discovery, settlement negotiations, and trial—so you understand what to expect and how to protect your claim’s value. If you need immediate help, our Fort Worth truck accident lawyers are ready to fight for you.

Quick navigation: What to do right after the crash • Who can be liable • Steps in litigation • What drives case value • How long it takes • FAQs

What to Do Immediately After a Truck Crash (and Why It Matters in Court)

What you do in the first hours and days can make or break your claim—especially if your case proceeds to litigation. Prioritize safety and medical care, then document everything. For a detailed, step-by-step checklist, see 7 Steps to Take After a Truck Accident and Steps to Take When Filing a Truck Accident Claim.

Call 911 and get medical care. Gaps in treatment hurt credibility and settlement value. Keep all records.
Preserve evidence early. Photos, dash cam footage, witness info, and the truck’s identifying details (DOT number, license plate) are critical.
Don’t give recorded statements to insurers before speaking with a lawyer.
Consult a Texas truck accident attorney quickly so your team can send a spoliation/preservation letter, secure the truck’s electronic logs, and start the investigation.

Commercial trucking is governed by federal safety rules (hours of service, vehicle maintenance, drug/alcohol testing, and more). Learn the basics at the Federal Motor Carrier Safety Administration (FMCSA): FMCSA Regulations and Hours of Service Summary. For Texas-wide crash trends, TxDOT publishes annual crash statistics here: TxDOT Motor Vehicle Crash Statistics.

Who Can Be Liable in a Texas Truck Accident?

Unlike a typical car crash, truck cases often involve multiple defendants—each with their own insurer and legal team. Potentially liable parties can include:

Truck driver for speeding, fatigue, distraction, intoxication, or hours-of-service violations.
Motor carrier (trucking company) for negligent hiring, training, supervision, or for pressuring unrealistic delivery schedules.
Broker or shipper if loading practices, route pressure, or contractor oversight contributed.
Maintenance contractor for negligent inspections/repairs (brakes, tires, lights).
Manufacturer if a defective part (brakes, steering, tires) failed.
Government entity for an unreasonably dangerous roadway (rare and highly technical).

To understand how liability is determined in Texas, see: Who Decides Fault in a Texas Car Accident? and our overview on Who Is Liable for a Truck Accident?

What-to-Know-About-Truck-Accident-Litigation

Truck Accident Litigation: The Process, Step by Step

Every case is unique, but most truck lawsuits move through the following phases. Throughout, expect aggressive defense tactics and insurers working to minimize payouts. An experienced trial team keeps the pressure on from day one.

1) Investigation & Evidence Preservation

Crash scene & damage documentation: photos, skid marks, vehicle damage, ECM (“black box”) data, and surveillance.
Driver & company records: logs, dispatch records, training files, prior violations, and maintenance logs.
Expert analysis: accident reconstruction, human factors, trucking safety, and medical causation.

Deep dive resources: What Happens in a Car Accident Lawsuit? and Car Accident Claims.

2) Filing the Lawsuit (Pleadings)

Your attorney files a petition identifying defendants and legal claims (negligence, negligent entrustment, negligent hiring/training/supervision, etc.). Defendants answer, often denying fault and blaming others. Venue and jurisdiction matter—our team files in the proper court before deadlines expire. To discuss timing and strategy, see When to Hire a Truck Accident Attorney.

3) Discovery (Documents, Interrogatories, Depositions)

Discovery is where truck cases are often won. We compel production of the company’s safety policies, driver logs, Qualcomm/telematics data, repair records, and internal emails—then depose drivers, safety managers, and corporate reps. If litigation is pending, read our primer: Steps to Take When Filing a Truck Accident Claim.

4) Motions, Mediation & Settlement Negotiations

Defense teams frequently file motions to exclude evidence, limit expert opinions, or dismiss claims. Parallel to that, both sides may mediate. We negotiate from a position of strength, backed by evidence and credible damages models. For strategies to improve offers, see Tips for Maximizing a Truck Accident Settlement and our Accident Settlement Calculator.

5) Trial (and Potential Appeal)

If the insurer won’t pay full value, we try the case. Juries evaluate fault, causation, and damages. Post-trial, either side may appeal. Our board-certified trial lawyer leads with experience and proven results—see our Case Results and learn more About Francis Injury.

What Drives Settlement Value in Truck Cases?

Liability strength: Clear FMCSA violations (e.g., hours-of-service) and poor safety culture increase value. Review FMCSA basics here: FMCSA Regulations.
Injury severity and medical proof: Objective findings (imaging, surgery), consistent treatment, and credible experts.
Economic losses: Medical bills, future care, wage loss, loss of earning capacity, life-care plans.
Pain and suffering: Daily limitations, disfigurement, PTSD, loss of enjoyment.
Venue & jury profile: Some venues trend higher on plaintiff verdicts.
Policy limits & multiple defendants: Layered policies may expand recovery.

For a deeper look at damages, see Maximizing Truck Settlements and our explainer on How Lawsuits Work.

How Long Do Truck Accident Lawsuits Take?

Simple claims may resolve in months; litigated truck cases often take 12–24+ months depending on liability disputes, medical recovery (you don’t want to settle before understanding future care), docket congestion, and appeals. Need a sanity check on timing? Read How Long Does a Car Accident Settlement Take? and When to Hire a Truck Accident Attorney.

Common Truck Company & Driver Defenses (and How We Counter)

Blame shifting: Pointing at other motorists or weather. Countered with reconstruction, ECM data, traffic cams, and expert testimony.
Minimizing injuries: Claiming pre-existing conditions. Countered with medical experts and causation analysis.
“Reasonable safety program” defense: Policies that look good on paper. Countered by uncovering enforcement failures, prior violations, and unrealistic delivery pressures.
Delay tactics: Starving the case of evidence. Countered by early preservation letters, motions to compel, and sanctions requests if evidence goes missing.

Do You Have to Go to Court to Win?

No. Most cases settle. But the best settlements often come from building a case as if it will be tried—showing the insurer you’re prepared to win in front of a jury. Explore the difference between settlement and trial in: What Happens in a Car Accident Lawsuit? and When to Hire a Truck Accident Attorney.

Why Hire Francis Injury for Your Truck Case?

Trial-tested strategy: We build leverage with meticulous discovery, top experts, and a courtroom-ready file.
Commercial trucking focus: We understand FMCSA rules, motor-carrier operations, and insurer tactics.
Local presence: Fort Worth office: Contact Us | See Fort Worth Truck Accident Lawyers and Texas Truck Accident Lawyer.

Free Consultation: Call 817-329-9001 or use our Accident Settlement Calculator to estimate case value in minutes.

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Texas Truck Accident Lawsuit FAQs

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

In many cases, Texas gives you two years from the crash date to file. Exceptions may apply. Speak with our team right away to protect your rights.

Do I have to go to trial to recover compensation?+

Not always. Most claims settle, but the best settlements often happen when your lawyer is fully prepared for trial with strong evidence and experts.

What if the trucking company says I’m partly at fault?+

Texas uses proportionate responsibility. You can still recover if you’re less than 51% at fault, but your award may be reduced by your percentage of fault.

Which evidence is most important in a truck case?+

ECM/telematics, driver logs, company safety policies, prior violations, maintenance records, photos/video, witness statements, and medical documentation.

How do you prove the trucking company was negligent?+

We compare company conduct to FMCSA rules and industry standards, depose safety managers, and use experts to show failures in hiring, training, supervision, or maintenance.