Texas Trucking Accident Attorney: Specialized Counsel for Commercial Motor Vehicle Cases

An 18-wheeler weighs up to 80,000 pounds fully loaded; a passenger car weighs about 4,000 pounds. That physics difference shapes everything—the force of impact, the injury patterns, the litigation strategy, and the settlements.

Commercial truck crashes are governed by federal regulations, not just state law. The [FMCSA sets hours-of-service rules](https://www.fmcsa.dot.gov/), driver qualification standards, maintenance obligations, and data-retention requirements. Trucking companies and motor carriers have compliance responsibilities that passenger car owners don't. If a driver exceeded the 11-hour operating limit, that's a federal violation and it strengthens the plaintiff's case considerably. If the carrier failed to audit the driver's CSA score (Compliance, Safety, Accountability), that's negligent hiring or retention.

The discovery process is entirely different. You're requesting ELD (electronic logging device) data, dispatch records, driver qualification files, post-crash drug screens, maintenance logs, and communications between the driver and dispatcher. These records are controlled by the trucking company and often become the central evidence in liability disputes. An attorney who doesn't know what to request misses the case.

Further, trucking companies carry liability insurance far exceeding what typical drivers carry. Settlements in serious cases often exceed the policy limits, opening the door to bad-faith litigation and, potentially, punitive damages depending on Texas law. The financial stakes are considerably higher, and the other side brings experienced defense counsel.

Modern commercial motor vehicles are required to use electronic logging devices (ELDs) to record hours of service (HOS). These devices log when the driver is on-duty, off-duty, or in sleeper berth mode. They also record vehicle speed, harsh braking events, and location data. If the crash occurred during a period when the ELD shows the driver was off-duty or operating over the 11-hour limit, that's direct evidence of federal negligence.

Hours-of-service violations are common in trucking accident cases. The FMCSA allows 11 hours of driving per 14-hour on-duty window, with a mandatory 10 consecutive hours off-duty before the next cycle. If dispatch data shows the driver was operating in hour 12 or beyond, the carrier violated federal law. Fatigue is a factor, but the violation itself strengthens the plaintiff's negligence claim.

The motor carrier's CSA score is public information. You can request it from the [FMCSA database](https://www.fmcsa.dot.gov/). A score above the intervention threshold in unsafe driving or hours-of-service indicates the carrier has compliance problems. This establishes a pattern of negligence, not just a single bad driver. Some cases go directly against the carrier for negligent hiring, retention, or supervision based on a poor CSA record.

Discovery also includes maintenance records. Tire blowouts, brake failure, lighting defects, and coupling failures often trace to deferred maintenance. If the carrier knew or should have known the vehicle was unsafe, that's negligence. A strong case demands pre-crash maintenance logs, repair tickets, and DOT inspection reports to establish a pattern of neglect.

Texas applies a modified comparative negligence standard. You can recover damages even if you're partially at fault, as long as your fault doesn't exceed 50%. Your recovery is reduced by your percentage of fault. So if you're found 30% at fault and the verdict is $1 million, you recover $700,000. This differs from pure comparative negligence states where any level of fault allows recovery, and from bar-rule states where any plaintiff fault bars recovery entirely.

The statute of limitations for personal injury in Texas is two years from the date of injury. For wrongful death, it's also two years from the date of death. These deadlines are strict. If you file after two years, the court dismisses the case. There is no discovery rule that extends this period for concealed injuries in most cases. Early legal action is essential to preserve your claim.

Texas has damage caps in some contexts. Medical malpractice has non-economic damage caps ($250,000 per defendant, $500,000 total as of recent law), but truck accident cases are not subject to these caps unless they involve a negligent medical procedure. General personal injury and wrongful death cases in Texas have no statutory damage caps.

Venue matters. You can file in the county where the accident occurred, where the defendant resides, or where the defendant does business. Most truck accidents in Texas occur on major interstates—I-10, I-35, I-45. Choosing the right county court matters for jury composition, judge assignment, and caseload. Harris County (Houston), Dallas County, and Travis County (Austin) have high-volume trucking accident dockets and experienced judges.

A strong trucking accident case rests on thorough discovery. Within weeks of filing, you issue preservation letters to the defendant and any third parties (shippers, brokers, freight forwarders, trailer owners) demanding that they preserve all evidence. Failure to preserve can lead to spoliation sanctions. In Texas, courts have broad discretion to impose sanctions for destruction of evidence, including adverse inference instructions (telling the jury that the missing evidence would have been unfavorable to the defendant).

Expert witnesses are often necessary. You may need an accident reconstruction expert to analyze the crash dynamics based on vehicle damage, roadway evidence, and physics. Depending on the facts, you might retain a trucking safety expert to testify that the defendant violated FMCSA standards, a medical expert to establish causation and future damages, and a vocational expert if the plaintiff faces wage loss or reduced earning capacity.

Negotiations with defense counsel and insurance companies begin early. Trucking companies have insurance policies (typically $1 to $5 million in commercial liability) and self-insurance pools. They also have safety records that create exposure. A carrier with a poor CSA record is a liability risk—courts and juries see that as negligence. If your evidence is strong, the case may settle before trial.

If settlement doesn't happen, trial preparation focuses on jury selection. Jurors in Texas tend to be sensitive to federal violations and corporate negligence. Presenting the CSA score, HOS violations, and failure to maintain records persuasively can move a jury toward the plaintiff. The defendant's team will emphasize plaintiff fault and argue that the crash was unavoidable. A skilled attorney frames the evidence to preempt those defenses.

Specialization matters more in trucking than in general personal injury. An attorney who handles car accidents may not know FMCSA regulations, ELD data interpretation, or how to navigate the commercial trucking insurance industry. Look for an attorney or firm with demonstrable experience in commercial motor vehicle cases—not just a single case, but a track record.

Ask about their familiarity with ELD data and how they use it in discovery. An attorney who doesn't know what an ELD record looks like hasn't handled enough trucking cases. Similarly, ask whether they request CSA scores and what they do with that information in building the negligence claim. Their answers reveal their technical depth.

Check whether they maintain relationships with trucking safety experts, accident reconstruction experts, and medical experts. Building a strong case requires a network. If an attorney is doing everything in-house or farming it out to generalists, your case may suffer.

Verify that they're licensed to practice before Texas state courts and, if necessary, before federal court. Some trucking accident cases involve multiple parties across state lines or involve federal claims (violations of the FMCSA itself). A federal court background is useful.

The [State Bar of Texas](https://www.texasbar.org/) maintains a directory of attorneys and disciplinary records. You can verify licensing and check for prior complaints. Ask about the attorney's settlement history and trial experience in trucking cases. A good attorney will discuss prior cases (within confidentiality bounds) and explain their approach to your specific facts. Be wary of flat promises of a particular settlement amount—that's unrealistic and signals inexperience.