People across Texas depend on the thousands of truck drivers who transport the goods that keep the economy and our daily lives moving. Although these vehicles are essential, they also pose certain risks to operators and other drivers involved in collisions on the road. This includes collisions with commercial vehicles such as Amazon delivery trucks, which can result in severe accidents due to their size and weight. When crashes happen, drivers need to understand the legal and safety procedures that can help them protect themselves after a truck accident.
This guide will overview essential Texas truck accident laws and resources all drivers should know. In it, we’ll discuss:
- Texas truck accident law,
- Common causes of truck accidents,
- Forms of accident compensation,
- What to do if you’re in a truck accident,
- How to file a truck accident claim, and
- Safety tips for truck drivers.
We’ll also cover some important resources and information specific to Houston, the heart of the Lone Star State’s trucking industry.
Understanding Truck Accident Laws in Texas
Texas expects all drivers to follow federal and state traffic safety laws when on the road. However, truck drivers face additional rules that protect the public and regulate commercial vehicles.
Commercial Driver’s License
Truck drivers in Texas must have a current Commercial Driver’s License (CDL) to operate a commercial vehicle legally in the state. Drivers involved in repeated or serious traffic violations can have their licenses suspended or revoked.
Hours of Service
Texas follows federal laws restricting the number of back-to-back hours a driver can be on the road. Generally, this limits an operator to driving up to 11 consecutive hours after a minimum of 10 hours off duty. Drivers must also keep track of their driving hours using an electronic logging device (ELD) or by hand to show they’re staying compliant.
Vehicle Inspection
Truck drivers are also responsible for conducting regular inspections and routine maintenance to ensure their vehicles are safe to operate. Failure to stay on top of necessary repairs puts drivers at an increased risk of accidents and can come with legal penalties.
Distracted Driving
Under the Texas Transportation Code, texting while driving is strictly prohibited. State law also bans truck drivers from using handheld mobile phones for any purpose while driving.
Weight and Size Restrictions
Texas also limits the size and weight of trucks on the road. These regulations apply to gross vehicle weight as well as axle weight. Authorized oversized trucks must have a special permit to operate in Texas.
Houston Truck Regulations
As a trucking hub, Houston has adopted additional rules for how trucks and commercial vehicles can operate. Some of these include:
- Speed limits—caps of 55-60 mph for trucks;
- Local weight restrictions—limits on truck weight within city limits; and
- Designated routes—for large commercial vehicles with hazardous materials.
Drivers who don’t adhere to these city-specific regulations can face fines and other legal penalties.
Common Causes of Truck Accidents in Texas
According to the Texas Department of Transportation, there were over 38,000 truck accidents in the state in 2023. Houston’s Harris County had the highest number of crashes, making up 15% of the total truck accidents in just one year.
Many factors can contribute to truck accidents. Commercial trucks’s sheer size and weight make them much more susceptible to accidents than the average passenger car. Other risk factors that contribute to accidents include:
- Driver fatigue—federal statistics show this was a factor in 13% of truck accidents;
- Ignoring traffic rules—speeding, tailgating, failure to signal, operating under the influence of drugs or alcohol;
- Distracted driving—talking or texting on cell phones, eating, adjusting the radio or temperature;
- Environmental conditions—fog, rain, lack of traffic signs, poorly maintained roads;
- Lack of driver training or experience—ignorance of safety rules, improperly loaded cargo, unfamiliar roadways; and
- Vehicle malfunction—brake failures, tire blowout, engine problems.
Unfortunately, a truck’s significant size also makes accidents more deadly for its operators and anyone else on the road. In a recent year, the National Traffic Safety Administration reported that Texas had the highest number of truck-related traffic fatalities, with over twice as many deaths as any other state in the country.
Semi-Truck Accident Compensation in Texas
Under Texas law, individuals injured in a truck accident can seek financial compensation from the at-fault party through a personal injury lawsuit. In legal terms, the compensation available in a personal injury lawsuit is called “damages.” You can receive two types of damages in a semi-truck accident: compensatory and punitive.
The purpose of compensatory damages is to help an injured victim repair the harm caused by the person at fault. Injuries in semi-truck accidents are often severe and even debilitating.
Crash survivors can suffer burns, broken bones, spinal cord injuries, head trauma, and more. Therefore, medical bills and treatment expenses frequently make up a significant portion of compensatory damages. Other types of economic damages available in semi-truck accidents include:
- Medication, physical therapy, home accessibility alterations, hospital bills;
- Vehicle and property damage repair, particularly if the accident occurred in an urban area like Houston;
- Wages and benefits lost while recovering and unable to work; and
- Lost future income and earning capacity due to debilitating injuries.
Compensatory damages for a semi-truck accident can also include losses that are more challenging to measure, such as emotional distress, pain and suffering, and disfigurement.
Punitive damages work a little differently. As their name suggests, their purpose is to punish the at-fault party for disregarding others’ safety. The damages are typically only available in situations involving extremely careless or reckless behavior, such as when a truck driver is intoxicated.
Importantly, you’re only entitled to recover damages from a semi-truck accident if you share less than half the blame for the crash. Under Texas’s proportionate responsibility law, anyone responsible for more than 50% of the fault in a collision cannot recover compensation for their losses. If you share less than 50% of the fault, you can still receive compensation, but your damages will be reduced by the percentage of blame you hold.
Steps to Take After a Truck Accident in Texas
Experiencing a truck accident can be traumatic. It’s normal to feel panicked and even paralyzed. However, taking steps to protect yourself and your legal rights is critical.
Step 1: Call 911
Get yourself to safety and check to see if anyone is hurt. Call the police, even if you think someone else already did. If you can, turn on your hazard lights to alert other drivers.
Step 2: Document the Scene
Take photos and videos of the accident scene, including the vehicles involved, the road conditions, traffic signs, and any injuries—exchange contact and insurance information with the other drivers.
Step 3: Seek Medical Attention
Even if you think your injuries are mild, it’s essential to have a complete examination by a doctor. The adrenaline of an accident can mask the pain of serious injuries that might not be apparent. Hospitals with emergency services in the Houston area include:
- HCA Houston Healthcare,
- Memorial Hermann-Texas Medical Center,
- Baylor St. Luke’s Medical Center,
- Meridian Hospital,
- Ben Taub Hospital,
- Houston Methodist Hospital,
- Kindred Hospital Houston, and
- Altus Houston Hospital.
Seeing a doctor is essential to protect your health and preserve the medical documentation you may need for future compensation.
Step 4: Consult an Attorney
A personal injury lawyer experienced with truck accident cases can provide critical guidance after a crash. Even if you think you weren’t at fault, consulting a lawyer for a truck accident who can help you understand the claims process and protect your rights is important.
Filing a Truck Accident Claim in Texas
You must file a truck accident claim to be eligible for compensation after a crash. This generally involves the following steps:
- Gathering relevant evidence. Collect photos, medical records, the police report, and all other relevant evidence from the accident. You can request the police accident report through the Texas Department of Transportation’s online portal or by visiting Houston Police Department Headquarters at 1200 Travis Street, Houston, TX.
- Notifying your insurance company. File a report with your insurer to inform them about the accident. Include any evidence and documentation you’ve collected that can support your story about the events.
- Calculating total amount of damages. Evaluate the cost of the injuries and losses you suffered in the accident. Consider hospital bills, medications, vehicle repairs, lost wages during recovery, and any potential future financial impact of the accident.
- File a claim with the at-fault party’s insurer. Submit a claim with the insurance company of the party at fault in the accident. Include all the evidence and documentation you have that supports your claim.
If the at-fault party’s insurer disputes your claim, the support of a personal injury attorney is essential for getting the compensation you deserve.
For accident victims in Harris County, the local knowledge and experience of a Houston truck accident lawyer is a crucial advantage in building a strong claim.
A truck accident attorney based in Harris County is informed about Houston’s trucking regulations and how they interact with state and federal law. A local attorney also has a network of medical experts and accident reconstructionists who can be essential when proving fault.
Preventing Truck Accidents: What Texas Drivers Need to Know
Many truck accidents are preventable. Following certain simple safety tips can help truck and car drivers avoid the risks that lead to tragedy.
Keep a Reasonable Distance
Because trucks are so heavy, they take much longer to slow down than a passenger car. Even if a driver sees and brakes at an obstacle, the truck can’t respond as quickly. To be safe, car drivers should give trucks a wide berth on the road and avoid cutting them off suddenly.
Be Aware of Blind Spots
Cars don’t always realize how large the blind spots are on a truck. If you’re in a passenger vehicle trying to pass a truck from a different lane, it’s likely the truck driver can’t see you. That’s why car and truck drivers must check their blind spots and use clear signals (e.g., honking horn, flashing headlights) when changing lanes or passing.
Avoid Driving When Tired
Driver fatigue remains one of the leading causes of accidents on the road, no matter your vehicle. Always ensure you’ve had enough rest before you get behind the wheel, and try to avoid driving late at night or early in the morning. Operating a vehicle while drowsy can have just as serious consequences as driving drunk or distracted.
Perform Routine Maintenance
Regularly inspecting your vehicle can save you more than just the inconvenience of a blown tire on the road. Maintaining the upkeep of your car or truck is essential to prevent unexpected problems or vehicle malfunctions that can put your and others’ lives in danger.
Experienced Legal Advocates for Texas Truck Accident Victims
A truck accident can drastically change the course of your life in an instant. Although there’s no way to erase the damage of a traumatic accident on the road, understanding your legal options can be an initial step toward getting your life back on track.
The team of best truck accident lawyers in Houston at Kolodny Law Firm have years of experience helping crash survivors in Harris County seek compensation for devastating accidents. With our strong litigation skills and deep understanding of truck accident cases, we’re prepared to help you take the steps toward recovery.
Contact our office today to schedule a free, no-obligation consultation. We only charge a fee if we win your case.
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Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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