What a truck crash lawsuit is and who can file one

A truck crash lawsuit is a civil case you file in court to recover money for injuries, medical bills, lost wages, or vehicle damage caused by a truck driver or trucking company. You are suing for compensation, not pressing criminal charges — that is a separate process handled by prosecutors. In Dallas, you file in Dallas County District Court or Justice Court depending on the amount you are claiming.

You can file a lawsuit if you were injured or your property was damaged in a crash involving a commercial truck — typically a semi-truck, 18-wheeler, or delivery truck operated by a company. You do not need to have been hit head-on; you can sue if the truck's actions caused you to crash into something else, or if debris from the truck damaged your vehicle.

The person or company you sue is called the defendant. In most truck cases, you sue both the driver and the trucking company that employed them, because companies can be held responsible for their drivers' negligence under a legal rule called vicarious liability. You may also sue the truck's owner if it is different from the company that operates it, or the company that loaded the cargo if overloading or improper loading caused the crash.

Key Takeaways

  • You file a truck crash lawsuit in Dallas County District Court or Justice Court to recover money for injuries, medical bills, lost wages, or vehicle damage.
  • You typically sue the truck driver, the trucking company, and sometimes the truck owner or cargo loader — not just one party.
  • Texas law gives you two years from the crash date to file a lawsuit; after that, the court will dismiss your case.
  • Before trial, both sides exchange documents and evidence in a process called discovery, which often leads to a settlement offer.
  • Most truck crash cases settle before trial, but you should understand what happens if yours goes to a jury.

The two-year important date and why it matters

Texas law sets a statute of limitations of two years from the date of the crash. This is a hard important date — if you do not file your lawsuit before two years pass, the court will dismiss it and you lose the right to sue, even if you have a strong case. The clock starts on the date of the crash itself, not the date you discovered your injuries.

This important date applies to personal injury claims (injuries to your body) and property damage claims (damage to your vehicle or belongings). If you were injured and your vehicle was damaged, both claims share the same two-year window. If you miss the important date on one, you miss it on both.

The practical reason to file sooner rather than later is that evidence disappears. Witnesses move or forget details. Surveillance video is deleted. The truck company may dispose of the vehicle or its maintenance records. A lawyer can file a lawsuit quickly to preserve evidence and prevent the other side from destroying it.

What happens before you ever reach a trial

After you file your lawsuit, the defendant has a set time (usually 20 days in Dallas County) to respond. They will either admit the claims, deny them, or raise defenses — for example, claiming you were partially at fault for the crash. This response is called an answer.

Next comes discovery, a process where both sides exchange documents, photos, videos, and written questions called interrogatories. You will receive the truck's maintenance records, the driver's logbook, dispatch records, and any dashcam or traffic camera footage. The trucking company will receive your medical records, repair estimates, and your account of what happened. Both sides may also take depositions — recorded interviews where a lawyer questions you, the truck driver, or company representatives under oath.

Discovery usually takes three to six months but can stretch longer if either side requests extensions. During this time, your lawyer and the defendant's lawyer will likely discuss settlement — whether the trucking company will offer you money to end the case without going to trial. Most truck crash cases settle during discovery because both sides want to avoid the cost and uncertainty of trial.

How settlement offers work and what they mean

A settlement is an agreement where the defendant pays you a lump sum and you sign a document releasing them from further liability. You receive one check and the case ends. The trucking company does not admit fault in a settlement — they straightforward agree to pay to make the case go away. This is standard and does not mean you were wrong about what happened.

Settlement offers usually come in writing from the defendant's insurance company or lawyer. The offer will state a dollar amount and often include conditions, such as keeping the settlement confidential or not discussing the case publicly. You have the right to reject any offer and proceed to trial, but once you sign a settlement agreement, you cannot sue the same defendant again for the same crash.

Your lawyer will advise you on whether an offer is reasonable by comparing it to what a jury might award, the strength of your evidence, and the cost of continuing to trial. If you reject an offer and lose at trial, you recover nothing — so settlement offers, even modest ones, carry real value.

What happens if your case goes to trial

If you and the defendant cannot agree on a settlement, your case goes to trial in front of a jury. In Dallas County, a jury in a civil case has six members. Both sides present evidence — documents, photos, informed testimony, and witness testimony — and argue their version of what happened and who was at fault.

The burden of proof in a civil case is lower than in criminal court. You must prove your case by a preponderance of the evidence, meaning it is more likely than not that the defendant was negligent and caused your injuries. You do not have to prove it beyond a reasonable doubt, as in a criminal trial.

The jury decides whether the defendant was negligent, whether that negligence caused the crash, and how much money you should receive. If the jury finds the defendant liable, they award damages for medical expenses, lost wages, pain and suffering, and property damage. If they find the defendant not liable, you receive nothing.

Trial usually lasts three to ten days depending on the complexity of the case. The entire process from filing to verdict typically takes one to three years, though it can be faster if the case is straightforward or slower if either side requests delays.

Comparative fault and how it affects your recovery

Texas follows a rule called comparative fault. If the jury finds that you were partially responsible for the crash — for example, you were speeding or not paying attention — they can reduce your award by your percentage of fault. If you are found 30 percent at fault, you receive 70 percent of the damages the jury awards.

However, if you are found 51 percent or more at fault, you recover nothing. This is called the 51 percent bar. The defendant's lawyer will argue that you share blame to try to reduce what you receive or eliminate your recovery entirely. Your lawyer will argue that the truck driver's actions — speeding, following too closely, unsafe lane changes, or driver fatigue — were the sole or primary cause of the crash.

Comparative fault is why the evidence gathered during discovery matters so much. Dashcam footage, police reports, witness statements, and informed reconstruction of the crash all help prove that the truck driver, not you, caused the collision.

Types of damages you can recover

Economic damages are concrete, measurable losses: medical bills (emergency room, surgery, physical therapy, ongoing treatment), lost wages (income you missed while recovering), and property damage (repair or replacement of your vehicle). You must provide receipts, medical records, and pay stubs to prove these amounts.

Non-economic damages are harder to quantify: pain and suffering, emotional distress, loss of enjoyment of life, and permanent scarring or disfigurement. There is no formula for these; the jury decides based on the severity of your injuries and how they have affected your daily life. A lawyer will present testimony and evidence about your quality of life before and after the crash.

In rare cases involving gross negligence — such as a driver operating under the influence or a company with a pattern of safety violations — a jury may award punitive damages, which are meant to punish the defendant and deter similar conduct. Punitive damages are not common in truck crash cases and are capped by Texas law.

Why hiring a lawyer matters in truck cases

Truck crash cases are more complex than typical car accidents because trucking companies have insurance, lawyers, and investigators on staff. They will fight hard to minimize what they pay. A lawyer levels the playing field by handling discovery, negotiating with the insurance company, and preparing for trial if needed.

Most truck crash lawyers work on contingency, meaning they take a percentage of your settlement or award (typically 25 to 40 percent) and you pay nothing upfront. If you lose, you owe them nothing. This arrangement means your lawyer has a financial incentive to recover as much as possible for you.

A lawyer also knows Texas trucking regulations, federal safety rules, and how to interpret the truck driver's logbook and maintenance records. They can hire accident reconstruction experts and medical experts to testify about your injuries. These resources are expensive and difficult for an individual to access alone.

Frequently Asked Questions

Can I sue if the truck driver was not at fault but the trucking company was?

Yes. Even if the driver followed all rules, you can sue the company if they failed to maintain the truck, hired an unqualified driver, or pressured the driver to violate safety rules. You can also sue if the company's policies or negligent hiring caused the crash. Your lawyer will investigate the company's practices and records during discovery.

What if the truck driver was cited or convicted of a crime related to the crash?

A criminal conviction or citation helps your case because it shows the driver violated a law, which is evidence of negligence. However, a criminal case and a civil lawsuit are separate. You can pursue both — the criminal case is handled by prosecutors, and your civil case is your own lawsuit for money damages.

How much does a truck crash lawsuit cost?

If you hire a lawyer on contingency, you pay nothing upfront. The lawyer covers filing fees, informed witness fees, and investigation costs, then takes a percentage of your recovery. If you lose, you owe nothing. If you settle or win, the lawyer deducts their fee and costs from your award before you receive your check.

What if I was partially at fault for the crash?

Texas comparative fault law allows you to recover even if you were partially at fault, as long as you were less than 51 percent responsible. Your award is reduced by your percentage of fault. For example, if you were 20 percent at fault and the jury awards $100,000, you receive $80,000.

How long does a truck crash lawsuit take from start to finish?

Most cases settle within one to two years. If your case goes to trial, add another few months to a year. The timeline depends on how complex the case is, how busy the court is, and whether either side requests delays. Your lawyer can give you a more specific estimate based on your particular situation.