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Who Can Be Held Liable for a Truck Accident in Texas?

March 16, 2022

Written and legally reviewedWritten by Sam A. Maida, Jr., Owner and Managing Attorney · Reviewed by Bernard G. Johnson III, Litigation Managing Attorney

Published March 16, 2022 · Last updated October 5, 2026

Part of Houston Truck & 18-Wheeler Claims · see also Trauck Accident Lawyer · Why Hire a Truck Accident Attorney? · 18 Wheeler Accident Lawyer · Houston Truck Accident Settlements

More than one party is often responsible for a truck accident: the driver, the motor carrier, whoever loaded the cargo, whoever maintained the truck, the maker of a defective part, and sometimes another motorist. In Texas the judge or jury assigns each a percentage of responsibility, and each defendant pays according to its share (Tex. Civ. Prac. & Rem. Code § 33.013(a)).

Finding every responsible party matters because each one brings its own insurance and its own share of the fault. This article goes through who can be liable and on what basis. For the specific question of the driver versus the employer, see truck driver or trucking company: who is liable.

The short version

Several parties can share liability, and each is assigned a percentage (§ 33.003(a)).
A defendant more than 50 percent responsible is jointly and severally liable for all the recoverable damages (§ 33.013(b)).
The injured person recovers nothing if more than 50 percent responsible; otherwise damages are reduced by their share (§§ 33.001, 33.012(a)).
Federal safety rules put duties on both driver and carrier: hours, inspection and maintenance, cargo securement, phone use.
Two years to file suit (§ 16.003(a)).

Car driving alongside a tractor-trailer on a highway — A passenger car beside a tractor-trailer on a divided highway.

Who can be held liable for a truck accident in Texas?

Anyone whose negligence or defective product helped cause the crash. That commonly means the truck driver and the motor carrier, and it can include a company that loaded the cargo, a shop that maintained the truck, a manufacturer of the truck or one of its parts, and other drivers on the road.

Who may share liability for a truck accident, and the rule involved
Party	What it is responsible for	Rule
Truck driver	Driving within the hours limits, not texting or holding a phone, and not driving unless the cargo is properly distributed and adequately secured	49 C.F.R. §§ 395.3, 392.80, 392.82, 392.9
Motor carrier	Requiring its drivers to observe the safety rules, and systematically inspecting, repairing and maintaining every vehicle under its control. Texas law also holds an employer liable for an employee’s negligence within the scope of employment	49 C.F.R. §§ 390.11, 396.3(a); Tex. Civ. Prac. & Rem. Code § 72.054(a)
Carrier that leased the truck from its owner	Exclusive possession, control and use of the equipment, and complete responsibility for its operation, for the duration of the lease	49 C.F.R. § 376.12(c)(1)
Cargo loader or shipper	Its own negligence in loading, where a shifted or overweight load contributed to the crash	Texas negligence law; percentage set under § 33.003
Manufacturer of the truck or a part	A design defect, where the claimant proves there was a safer alternative design and the defect was a producing cause of the injury	Tex. Civ. Prac. & Rem. Code § 82.005(a)
Another driver	His or her own negligence; a percentage is assigned to each defendant and each claimant	Tex. Civ. Prac. & Rem. Code § 33.003(a)

Sources: 49 C.F.R. Parts 376, 390, 392, 395 and 396 (2025 annual edition), including § 392.9, § 390.11, § 396.3 and § 376.12; Texas Civil Practice and Remedies Code, Chapters 33, 72 and 82. Read October 5, 2026.

How is fault divided when several companies are involved?

By percentage. The judge or jury decides what share of the responsibility belongs to each claimant, each defendant, each person who settled and each responsible third party who has been designated. A defendant ordinarily pays only its own share, but one found more than 50 percent responsible can be made to pay all of the recoverable damages.

The list of people who receive a percentage is in Tex. Civ. Prac. & Rem. Code § 33.003(a). The rule that a defendant is liable “only for the percentage of the damages” equal to its share, and the exception for a defendant whose share is greater than 50 percent, are in § 33.013(a)-(b).

The injured person’s own conduct is counted as well. A claimant whose percentage of responsibility is greater than 50 percent may not recover (Tex. Civ. Prac. & Rem. Code § 33.001); below that, the damages are reduced by the claimant’s percentage (§ 33.012(a)). Trucking insurers know this and look hard for anything that puts fault on the car’s driver.

What evidence shows who was at fault in a truck accident?

The officer’s crash report, the driver’s hours-of-service records, the truck’s inspection and maintenance records, the load paperwork, the vehicles themselves and the people who saw the crash. Much of it is held by the trucking company, which is required to keep some of it for only six months.

A motor carrier must retain records of duty status and supporting documents for at least six months (49 C.F.R. § 395.8(k)(1)), and drivers must prepare a written vehicle inspection report at the end of each day’s work covering brakes, steering, lights, tires and other listed parts (49 C.F.R. § 396.11(a)). The investigating officer’s report is filed with the state within 10 days (Tex. Transp. Code § 550.062(b)).

Our article on five things to avoid after a Houston truck accident explains how early statements and delays can weaken this evidence.

What damages can be claimed after a truck accident?

Economic damages, which compensate for actual economic loss such as medical expenses and lost earnings, and noneconomic damages, which cover physical pain and suffering, mental anguish, disfigurement, physical impairment and similar losses. Exemplary damages require clear and convincing evidence of fraud, malice or gross negligence, and are capped.

The definitions are in § 41.001(4) and (12). Medical expenses are recoverable only in the amount actually paid or incurred by or on behalf of the claimant (Tex. Civ. Prac. & Rem. Code § 41.0105). Exemplary damages are governed by § 41.003(a), and under § 41.008(b) they may not exceed the greater of $200,000, or two times the economic damages plus the noneconomic damages up to $750,000.

When a crash is fatal, the wrongful death claim belongs to the surviving spouse, children and parents of the person who died (Tex. Civ. Prac. & Rem. Code § 71.004(a)). Our wrongful death page explains those claims.

Questions people ask about liability for a truck accident

Can the company that loaded the trailer be liable?

It can share responsibility if its negligence in loading contributed to the crash. Federal rules separately bar a driver from operating, and a carrier from requiring or permitting a driver to operate, a commercial motor vehicle unless the cargo is properly distributed and adequately secured (49 C.F.R. § 392.9(a)).

Can a truck manufacturer be liable for a crash?

In a products liability action alleging a design defect, the claimant must prove by a preponderance of the evidence that there was a safer alternative design and that the defect was a producing cause of the injury, property damage or death (Civil Practice and Remedies Code § 82.005(a)).

What if I was partly at fault for the truck accident?

You can still recover if your percentage of responsibility is 50 percent or less; the damages are reduced by your percentage. Above 50 percent, you may not recover damages (Civil Practice and Remedies Code §§ 33.001, 33.012(a)).

Who can bring a claim if a family member was killed by a truck?

A wrongful death action is for the exclusive benefit of the surviving spouse, children and parents of the deceased, and any one or more of them may bring it for the benefit of all. If none of them has begun the action within three calendar months of the death, the executor or administrator brings it unless all of them ask that it not be brought (Civil Practice and Remedies Code § 71.004).

Is there a deadline to sue after a truck accident in Texas?

Yes. A personal injury suit must be brought not later than two years after the day the cause of action accrues (Civil Practice and Remedies Code § 16.003(a)).

To talk through who may be responsible for a truck accident, call Maida Law Firm at (713) 785-9484 or write to us through the contact page. The main page on these cases is the Houston truck accident page.