Can I Sue a Trucking Company for an Accident in Texas?

 Posted on August 13, 2025 in Truck Accidents

You can potentially sue a trucking company for a truck accident, but the process is more complex than it might seem. Determining liability in a truck accident involves several factors, including the circumstances surrounding the accident, the actions of the truck driver, and the role of the trucking company. An experienced El Paso County, TX truck accident attorney can help you manage the legal process and ensure you get the compensation you need.

When Is the Trucking Company Liable for a Truck Accident in Texas?

In Texas, a trucking company can be held liable for a truck accident if its negligence contributed to the crash. Key situations where liability may apply include:

• Hiring a driver with a poor driving record or inadequate qualifications

• Failing to properly train drivers on safety procedures

• Neglecting truck maintenance, leading to mechanical failures

• Failing to ensure their drivers comply with federal industry regulations under Texas Transportation Code § 644.151

• Failing to supervise drivers or enforce unsafe driving policies

What if Multiple Parties Caused Your Truck Accident in Texas?

In a truck accident, more than one party may be liable. For instance, cargo loaders can be held responsible if they improperly load or secure the cargo, leading to an accident. Truck or parts manufacturers may also be liable if a defective part caused the crash. Additionally, the truck driver may be at fault for negligent behavior such as speeding or driving under the influence. 

Sometimes, a single accident can result in multiple claims or lawsuits. For example, if faulty brakes impacted how the truck maneuvered and a drunk driver was unable to react properly, both of which contributed to the accident, your attorney can pursue both a product liability claim against the brake manufacturer and a negligence claim against the driver. 

What if You Are Partially Responsible for an Accident in Texas?

If you are partially at fault for the accident, Texas law still allows you to seek compensation. However, the amount will be reduced based on your percentage of fault. This is called the modified comparative fault rule, governed by the Proportionate Responsibility Act. If the court finds that you are over 50 percent responsible for the accident, you will not be awarded any damages. If you are 50 percent or less at fault, you can still recover compensation, but it will be reduced by your percentage of fault.

For example, if the damages in your case are valued at $10,000 but you are found to be 20 percent at fault for the accident, your compensation will be reduced to $8,000. Consider consulting with an experienced truck accident attorney who can help you navigate the complexities of comparative fault and ensure you receive fair compensation for your injuries.

Contact an El Paso, TX Truck Accident Attorney Today

If you suffered injuries in a truck accident, the experienced El Paso, TX truck accident lawyer at James Kennedy, P.L.L.C. can help you determine liability and file your claim. Trucking companies have large resources and legal teams working to minimize their liability, so it is important to have an advocate on your side, making sure that your rights are protected.

Attorney James Kennedy is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, an honor held by fewer than 3 percent of attorneys practicing in Texas. He offers services in both English and Spanish, ensuring that clients can communicate effectively and comfortably throughout the legal process. Contact us today at 915-544-5200 to discuss your case and explore your legal options. Se habla Español.