Who can I sue after a truck accident in Texas?

Depending on the circumstances, you may be able to file claims against the truck driver, the trucking company, the cargo loading company, the truck or parts manufacturer, and maintenance contractors. An experienced attorney can investigate all potentially liable parties to maximize your recovery.

How long do I have to file a truck accident claim in Texas?

The general statute of limitations for personal injury in Texas is two years from the date of the accident under CPRC Section 16.003. Wrongful death claims also carry a two-year deadline. However, evidence in truck accident cases can be lost quickly, so contacting an attorney as soon as possible is important.

Do I need a lawyer for a truck accident case?

Truck accident cases involve complex federal regulations, multiple potentially liable parties, and corporate legal teams. An attorney experienced in trucking litigation can preserve critical evidence like electronic logging device data, obtain the carrier safety file from FMCSA, and negotiate with commercial insurance companies on your behalf.

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

Texas follows a modified comparative fault rule. You can still recover compensation as long as you are not more than 50 percent responsible for the accident. Your award will be reduced proportionally by your share of fault. A skilled attorney can help minimize any fault attributed to you.

Truck Accident FAQ

Truck Accident FAQ — San Antonio Attorney Answers

After a truck accident, you likely have urgent questions about your rights, the legal process, and what to expect. At the Law Offices of Ronald A. Ramos, P.C., we hear these questions from San Antonio truck accident victims every day. Below, we answer the most common questions to help you understand your situation and make informed decisions about your case.

Who Can I Sue After a Truck Accident?

Truck accident cases often involve multiple potentially liable parties. Depending on the circumstances, you may be able to pursue claims against the truck driver, the trucking company (motor carrier), the cargo loading company, the truck or parts manufacturer, the maintenance provider, and in some cases the freight broker who arranged the shipment. Under the FMCSA’s statutory employee rule, the motor carrier operating under its DOT authority is generally responsible for the actions of drivers operating under its number, regardless of whether they are classified as employees or independent contractors.

How Long Do I Have to File a Truck Accident Lawsuit in Texas?

Texas Civil Practice and Remedies Code Section 16.003 establishes a two-year statute of limitations for personal injury claims, running from the date of the accident. For wrongful death claims, the two-year period begins on the date of death. While two years may seem like ample time, truck accident cases require extensive investigation — including evidence preservation, expert retention, and review of federal compliance records — that should begin as soon as possible after the accident.

What If I Was Partially at Fault for the Accident?

Texas follows a modified comparative fault system under TCPRC Chapter 33. You can still recover compensation as long as your percentage of responsibility does not exceed 50 percent. Your total damages award is reduced by your percentage of fault. For example, if your damages total $500,000 and you are found 20 percent at fault, you would recover $400,000. Insurance companies frequently try to shift blame onto the injured party — having an attorney who can counter these arguments with evidence is essential.

How Much Is My Truck Accident Case Worth?

Every truck accident case is different, and the value depends on factors including the severity of your injuries, your medical expenses (past and projected future), lost income and earning capacity, the impact on your daily life and relationships, and the degree of the defendant’s negligence. Truck accident claims tend to involve higher damages than car accident claims because the injuries are typically more severe and the available insurance coverage is significantly greater — with FMCSA minimums starting at $750,000 for general freight carriers.

Should I Talk to the Trucking Company’s Insurance Adjuster?

No — not without an attorney. The trucking company’s insurer will contact you quickly after the accident, often while you are still in the hospital. Their goal is to obtain a recorded statement that can be used to minimize your claim and to offer a quick, low settlement before the full extent of your injuries is known. You are not legally required to give a recorded statement to the other party’s insurer. Politely decline and direct all communications to your attorney.

What Evidence Is Important in a Truck Accident Case?

Critical evidence includes the police accident report, electronic logging device (ELD) data showing the driver’s hours and compliance status, the truck’s event data recorder (EDR) capturing speed and braking data, dashcam and traffic camera footage, driver qualification files (including CDL verification, medical certificates, and drug test results), vehicle maintenance and inspection records, dispatch communications, and cargo loading documentation. Much of this evidence is in the trucking company’s possession and can be destroyed or overwritten quickly if not preserved through immediate legal action.

How Long Does a Truck Accident Case Take to Resolve?

Truck accident cases typically take longer than ordinary car accident claims because of the complexity of the investigation, the number of potentially liable parties, and the higher stakes involved. A straightforward case with clear liability and documented injuries may settle in 6 to 12 months. More complex cases — particularly those involving catastrophic injuries, disputed liability, or multiple defendants — may take 18 months to several years to resolve, especially if the case goes to trial.

Do I Need a Lawyer for a Truck Accident Claim?

While you are not legally required to hire an attorney, truck accident cases are significantly more complex than typical auto accident claims. They involve federal regulations, multiple corporate defendants, sophisticated insurance structures, and evidence that requires immediate preservation. Trucking companies have experienced legal teams and adjusters working from day one to minimize their exposure. An experienced truck accident attorney levels that playing field and typically recovers significantly more compensation than unrepresented claimants, even after attorney fees.

What Does It Cost to Hire a Truck Accident Attorney?

The Law Offices of Ronald A. Ramos, P.C. handles all truck accident cases on a contingency fee basis. This means you pay no upfront fees and no hourly charges. Our fee is a percentage of the compensation we recover for you — if we do not recover anything, you owe us nothing. This arrangement ensures that every truck accident victim has access to quality legal representation regardless of their financial situation. We also advance all case costs, including expert fees and court costs, which are reimbursed from the settlement or verdict.

Contact Our San Antonio Truck Accident Attorneys

If you have more questions about your truck accident case, the Law Offices of Ronald A. Ramos, P.C. is here to help. We offer free, no-obligation consultations where we can evaluate your specific situation and advise you on your options. Call (210) 308-8811 or contact us online to schedule your consultation today.