Commercial truck accidents in Texas often cause devastating injuries, substantial property damage, and deep confusion about who’s at fault. Because multiple entities often play a role in operating, maintaining, and managing a semi-truck, determining liability is rarely straightforward. If you’ve been injured in a big rig collision, identifying the responsible party is central to recovering compensation. Doing so takes more than intuition; it takes evidence, experience, and the resources to investigate every angle.
At Sellers Law Firm, we help accident victims navigate the process of establishing fault, filing insurance claims, and pursuing personal injury lawsuits after commercial truck crashes. If you or a loved one has been hurt in a semi-truck accident, call us today at (817) 928-4222 for a confidential consultation.
Who is liable in a semi truck accident?
When a semi-truck crashes, liability can extend to more than just the person behind the wheel. Commercial trucking is a layered operation involving multiple parties, each of whom can contribute to a crash through negligence, oversight, or direct violation of regulations. Below are five key parties that may bear responsibility, along with hypothetical examples illustrating how.
1. The truck driver
Can a truck driver be sued for an accident? Yes. If the driver’s own negligence — such as speeding, texting, or driving under the influence — caused the accident, civil lawsuits can be filed against them, and they may face criminal charges depending on the circumstances.
| Example |
| Let’s say a long-haul driver falls asleep at the wheel after skipping mandated rest breaks, veers into oncoming traffic, and causes a head-on collision with a passenger vehicle In this case, the driver violated federal Hours of Service regulations. His fatigue-induced negligence makes him personally liable for the accident. Even if the driver works for a larger trucking company, they can still be held accountable for their individual conduct on the road. |
2. The trucking company
Often, the driver is simply one cog in the trucking company’s machine. These companies may be held liable for the actions of their employees under the legal doctrine of respondeat superior, which allows employers to be sued for employee misconduct during the course of their job duties.
| Example |
| A trucking company pressures its drivers to meet tight delivery deadlines by falsifying logbooks and discouraging rest. A driver, exhausted and overworked, rear-ends a stopped vehicle on I-45. Although the driver was behind the wheel, the company’s illegal and unsafe policies played a direct role in causing the crash. Trucking companies may also be liable for poor hiring practices, such as employing drivers with DWIs or failing to train them adequately. |
3. The truck owner
Sometimes, the truck used in a delivery isn’t owned by the driver or even the company that employs them — it may be leased or rented. In such cases, the truck owner is responsible for ensuring the vehicle is safe and properly maintained.
| Example |
| A logistics company leases trucks from a third-party owner.One of these trucks experiences catastrophic brake failure going downhill, causing a multi-car pile-up.An investigation reveals that the truck hadn’t had a brake inspection in over a year, and the owner ignored maintenance reminders. In this case, the owner’s failure to inspect and repair the truck means they can be held liable for the mechanical failure that caused the crash. |
4. Truck cargo loaders
Improperly loaded cargo is a major risk factor in truck crashes. Unbalanced or unsecured freight can cause the truck to tip, jackknife, or lose control, especially during turns or braking. Cargo loading is often handled by separate crews who may not be employed by the trucker or their company.
| Example |
| A warehouse loading team improperly secures steel beams onto a flatbed trailer. While merging onto a highway ramp, the beams shift and fall off the truck, crashing into a nearby sedan and injuring its passengers. In this case, the cargo loaders’ negligence directly caused the accident, making them liable. Trucking accidents caused by faulty cargo loading typically require expert investigations, making it even more important to hire an attorney experienced in these cases. |
5. The truck manufacturer
In rare but serious cases, the fault may lie with the truck itself, or more specifically, with how it was built. Design defects, faulty components, or manufacturing errors can all make a truck inherently unsafe.
Learn more about the role of expert witnesses in product liability cases
| Example |
| A brand-new truck experiences steering system failure on a rural Texas highway, sending the vehicle off-road and into another car. The investigation finds that a defective part in the steering column failed under normal use. In this instance, the manufacturer may be held liable under product liability laws for releasing a dangerous vehicle into commerce. These claims often involve large corporations and require technical expertise, but they are valid pathways for compensation when design or manufacturing flaws are to blame. |
How is accident liability determined in Texas?
In Texas, determining liability begins with fault. Is Texas a no-fault state? No. Texas follows a fault-based system — more specifically a modified comparative fault system — for motor vehicle accidents. This means the party responsible for causing the crash is also responsible for compensating the victims, usually through their insurance or in a civil lawsuit.
In cases involving semi-trucks, determining fault often requires examining:
- Police reports
- Driver logs and black box data
- Maintenance records
- Dashcam or surveillance footage
- Witness statements
- Expert accident reconstruction
Truck accidents often involve more than one responsible party. Here are a few examples where multiple defendants might share liability:
Scenario 1: truck driver + company
A driver crashes while under the influence of alcohol. The trucking company failed to conduct random drug testing as required by federal law. Both parties may share fault: the driver for his actions, and the company for inadequate oversight.
Scenario 2: truck owner + maintenance vendor
The truck owner contracts with a third-party garage to maintain its fleet. After a crash caused by a tire blowout, it’s discovered that the garage used defective, recalled tires. Liability may fall on both the owner (for neglecting inspections) and the vendor (for improper service).
Scenario 3: cargo loader + driver
A driver fails to double-check that a shipment of furniture is secured. The cargo loader did not follow protocol. On a sharp turn, items spill from the truck and cause an accident. Both the driver and loader share blame.
In complex cases like these, a Dallas/Fort Worth personal injury attorney can help gather the necessary evidence, assign percentages of fault, and hold all responsible parties accountable.
What to do if a semi truck hits your car
Being struck by a semi-truck is a traumatic experience, and your actions in the moments and days that follow can impact your ability to recover damages. Here’s what to do:
1. Call 911 immediately
Report the accident to emergency services, even if you feel okay. Police reports and medical evaluations provide crucial documentation.
2. Seek medical attention
Get checked by a doctor as soon as possible. Many truck accident injuries, like whiplash or internal bleeding, may not be obvious right away.
3. Document the scene
Take photos of the vehicles, road conditions, license plates, and any visible injuries. If there are witnesses, get their contact info.
4. Do not admit fault
Be polite but avoid making statements that could be construed as admitting fault. Let the investigation determine what happened.
5. Notify your insurance company
File a claim with your insurer, but be cautious with statements. Trucking companies often have teams of lawyers and adjusters working against your claim.
6. Call Sellers Law Firm
This is the most important step. The complexity of commercial truck cases requires legal skill and investigative power. Sellers Law Firm brings both. We don’t just file claims; we build airtight cases. We dig into black box data, subpoena employment records, and work with accident reconstruction experts to uncover the full truth.
With our deep knowledge of Texas trucking laws and trial-tested strategies, we position our clients to recover maximum compensation. With Sellers Law Firm in your corner, you don’t have to go up against a trucking company alone.
Life derailed by a big rig? Let Sellers Law Firm handle your case.
When a collision with a commercial truck turns your life upside down, the road to recovery can seem long and uncertain. Medical bills, lost wages, emotional trauma — it all adds up. But you don’t have to go through it alone.
At Sellers Law Firm, we specialize in high-stakes commercial truck accidents. Our team understands the pressure and tactics used by trucking companies and their insurers. We act fast to preserve evidence, uncover liability, and fight for your right to compensation. Whether you’re dealing with catastrophic injury, emotional distress, or wrongful death, we’ll be your advocates from day one.
The clock is ticking. Texas law imposes strict deadlines for filing truck accident claims. Call Sellers Law Firm today at (817) 928-4222 for a no-pressure consultation and let us take the legal burden off your shoulders so you can focus on healing.
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