Proving Negligence in Texas Truck Accidents

Having an accident with a truck can be devastating, leaving you not only with serious physical injuries but also property damage. Worse, a truck accident with a company truck, such as FedEx, Amazon, or USPS, can be intimidating as it means going up a large corporation. If you believe the truck driver was negligent, how do you prove it?

Establishing negligence can be complicated, especially if you’re up against a large corporation. There may also be more parties involved than just the truck driver, such as their employer or a subcontractor. In addition, there are various Texas and federal trucking regulations you must be aware of. In short, if you want to prove negligence in a Texas truck accident case, you should hire a truck accident attorney. This article breaks down the steps you should take if you intend to prove negligence.

What Is Considered Negligence?

To prove negligence in a Texas truck accident case, you must prove four key elements.

Damages

The most important element when suing for negligence is proof of damage. There must be actual harm to your property or body. Physical injuries can also result in lost wages and medical expenses. To establish the extent of the damage, gather the following evidence:

Medical Records: Saved receipts and proof of treatment from the hospital will document all the treatment you received for your injuries.

Missing Pay Stubs: Missed pay stubs will prove lost income.

Repair Receipts: Saved receipts from car garages will document how much it costs to fix or replace your vehicle.

While the above are considered “economic damages,” there are also “non-economic damages,” such as emotional distress and psychological suffering.

Breach of Duty

Another critical element is breach of duty. To prove breach of duty, your truck accident lawyer must prove that the truck driver or trucking company did not meet the “standard of care” as required by Texas laws. While this sounds like a mouthful, it essentially means the truck driver or trucking company did not act responsibly.

What constitutes a breach of duty?

• Speeding
• Reckless driving
• Ignoring traffic signs
• Driving under the influence of drugs or alcohol
• Falling asleep at the wheel
• Poorly maintained truck

The last one falls on the responsibility of the trucking company, as the company is typically responsible for maintaining its fleet of trucks.

To show breach of duty, your truck collision attorney should gather Dashcam footage, accident reports, truck inspection records, truck maintenance records, and witness testimony.

Causation

To prove causation, there must be a direct connection between the truck driver’s breach of duty and your damages. In other words, did the truck driver’s breach of duty directly cause the accident and thus your damages?

There are two parts to causation:

Cause in Fact: The question to ask is, “Would this accident have happened if the truck driver hadn’t done what they did?” If the answer is “no,” then the truck driver’s actions are cause in fact.

Proximate Cause: The question to ask is, “Was it foreseeable that this action could lead to this kind of accident?” If the answer is “yes, ” then there’s proximate cause. Proximate cause can’t always be proven. For example, if the truck driver hits a wall of shelves and the shelves fall and hit your car, the falling shelves may not have been due to the speeding truck.

If your truck collision lawyer can’t prove causation, the truck driver may not be liable for your accident.

Duty of Care

The truck driver and the trucking company owe others on the road “duty of care.” In other words, it is a truck driver’s “duty” to drive carefully and obey traffic rules, and it is the trucking company’s “duty” to put safe trucks on the road and train its drivers properly.

Amazon does not claim responsibility if its truck drivers have an accident as the drivers are considered “independent contractors.” On the other hand, a company like FedEx could be responsible if it fails to correctly train its truck drivers. In 2021, a jury handed down a 30 million verdict against FedEx after the company’s truck driver struck and killed another driver. The truck driver was held 49% responsible, and FedEx was held 51% responsible.

FedEx’s “duty” was to properly train and supervise its truck driver. By not doing so, it had breached its duty and was 51% responsible for the fatal collision.

What Are the Common Causes of Truck Accidents in Texas

Due to the sheer size and weight of trucks, truck accidents can cause an incredible amount of damage. Here are some of the reasons for truck accidents in Texas.

Speeding or Reckless Driving

Speeding or reckless driving, such as sudden lane changes, running a red light, or tailgating, are common causes of truck accidents.

Driving Under the Influence

Driving a truck while under the influence of drugs or alcohol is another common reason for truck accidents.

Distracted Driving

Driving while texting or looking at GPS directions can result in deadly accidents. Trucks take a longer time to come to a stop, so suddenly braking can still result in a head-on collision.

Fatigue

Unfortunately, many truck drivers must drive long distances to deliver their cargo. This can result in fatigue and slower reaction times.

Slippery Roads

Wet roads due to ice or heavy rains can cause trucks to veer off course. As recently as November 2024, an Amazon 18-wheeler truck in Dallas shut down the 345 freeway. The driver lost control of the truck due to wet roads.

Defective Truck Parts

Although this isn’t as common, a defective truck part (such as faulty brakes) can lead to a truck accident in Texas.

Cargo issues

When cargo is not properly loaded or secured, it can destabilize and unbalance the truck, causing the driver to lose control. Cargo issues can also happen due to overloading a truck or having an unbalanced load.

Inadequately Trained Drivers

Poorly trained drivers may have trouble managing their vehicles or driving in poor weather conditions. Trucks also have wide blind spots that drivers must be aware of.

Poorly Maintained Trucks

Poorly maintained trucks can cause tire blowouts, steering wheel issues, or brake issues.

Missed Truck Inspection

Trucks must pass an annual inspection in Texas.

The parts that are checked include:

• Headlights and hazard lights
• Brakes
• Tires, including tire tread depth
• Mirrors
• Seatbelts
• Airbags
• Steering system
• Gas caps
• Exhaust system

If a truck driver or trucking company has missed an inspection, there may be issues with the truck that can lead to an accident.

Violations of Texas or Federal Trucking Regulations

Federal and state trucking regulations dictate how much load a truck can carry, truck maintenance, and how long drivers can be behind the wheel before they must rest.

Some violations include:

• Hours-of-service (HOS) violations: Driving for longer periods than allowed
• Overloading trucks: Overloading trucks past their maximum capacity
• CDL violations: Hiring drivers without a Commercial Driver’s License (CDL)

Finding the Responsible Party When You Have a Texas Truck Accident Case

Finding the responsible party in a Texas truck accident case isn’t always straightforward. As mentioned, Amazon considers its truck drivers “independent contractors.”

USPS hires contractors. And sometimes those subcontractors hire other subcontractors. In 2024, a truck delivering mail for USPS was involved in an accident. However, USPS denied responsibility as it had contracted with another trucking company, Caminante. And that company subcontracted the job to a third company, Lucky 22. The Lucky 22 truck was involved in an accident. Who is responsible? Just the truck driver and Lucky 22? Or Caminante and USPS, too?

There may be other responsible parties as well.

• The cargo loading company: Improperly loaded cargo that falls, causing an accident

• The local municipality responsible for the roads or traffic signals: A missing traffic sign or roads not properly salted during a winter storm

• Part manufacturers, vehicle manufacturers: Bad brakes that could result in a nationwide recall

• Other drivers: A four-vehicle pile-up, for example, with the truck driver sandwiched on both ends.

How a Truck Accident Attorney in Texas Can Help

If you have been involved in an accident with a truck, there are a lot of complex challenges to contend with. Whether you’re up against a large corporation or you’re sifting through pages and pages of Texas trucking laws, your truck accident case can easily become overwhelming. To build a strong case, you should contact a truck accident lawyer in Texas. Here are some reasons why.

Collecting Evidence

An experienced truck crash lawyer can collect and preserve important evidence that you may forget about or overlook. Lawyers may ask for the truck driver’s logs and records to see if there have been any HOS violations, for instance. They may also be able to get data from the truck driver’s Black Box which will reveal the truck driver’s speed, when the brakes were applied, and other relevant data. Getting surveillance footage can strengthen your case, too, and lawyers have experience getting surveillance footage from the scene of accidents.

A truck accident lawyer should get the following:

• Photos from the scene
• Surveillance footage, like traffic cameras
• The police report
• Black box data
• Truck driver’s logbook
• Witness testimonials

Determining the Strength of Your Case

An experienced truck crash attorney will evaluate all the details of your case to see if you have a valid claim. This will involve looking at police reports, your property damage, medical records, and any witness testimony. If a lawyer determines that you cannot prove negligence, they will do an honest assessment of your case and let you know.

Negotiating Settlements

If you are up against a truck driver working for Amazon, FedEx, or USPS, the company may attempt to deny responsibility if the truck driver is at fault. Worse, going up against these companies can be intimidating, and they may pressure you into a low settlement. A truck accident attorney in Texas can ensure you get the settlement you deserve so that you are adequately compensated for your physical injuries, property damage, lost wages, and psychological suffering.

Navigating State and Federal Regulations

A skilled truck accident attorney can help you navigate the state and federal regulations and identify any violations. Since truck accidents fall under both state and federal regulations, the legal landscape can be confusing.

• Federal Laws: The Federal Motor Carrier Safety Administration (FMCSA) sets rules for how long drivers can drive, the amount of cargo they can carry, and truck maintenance.

• Texas Laws: There are also Texas-specific regulations set by the Texas Department of Transportation (TxDOT). These regulations apply to hours of service as well as the size and weight limits for trucks driving on Texas roads.

Representing You in Court

While most truck accident cases settle out of court, your case may need to go to trial. In this case, you’ll need a truck collision attorney with lots of court experience. A solid attorney can cross-examine witnesses and argue your case effectively.