Texas is home to some of the busiest highways in the nation—and The Woodlands, in particular, sees a high volume of commercial truck traffic every day. When an 18-wheeler or large commercial vehicle collides with a passenger car, the results can be devastating. Victims are often left with catastrophic injuries, overwhelming medical bills, and complex legal questions about who’s truly responsible.
If you or a loved one was injured in a truck accident in The Woodlands area, understanding how liability is determined can make a major difference in how your case proceeds—and whether you receive the compensation you deserve.
The Basics of Truck Accident Liability in Texas
At the heart of most truck accident cases is the legal theory of negligence. To establish liability, the injured party (plaintiff) must show that the at-fault party (defendant):
- Owed them a duty of care,
- Breached that duty through negligent or reckless conduct,
- Caused the accident, and
- Caused actual damages (e.g., injuries, property damage, or death).
While this seems straightforward, truck accidents often involve multiple defendants, layers of insurance, and both state and federal regulations—all of which can complicate a personal injury claim.
Common Causes of Truck Accidents in The Woodlands
Truck accidents can result from a wide range of factors, many of which point to negligence by one or more parties. Some of the most common causes include:
- Driver fatigue or violation of Hours-of-Service (HOS) rules
- Distracted or impaired driving
- Speeding or reckless driving
- Poor maintenance or mechanical failure
- Overloaded or improperly loaded cargo
- Defective truck parts
- Inadequate driver training or supervision
Understanding the root cause of the crash is essential for determining who is at fault.
Who Can Be Held Liable?
Unlike a simple fender-bender between two cars, a truck accident may involve numerous parties, each with different levels of responsibility. Below are some of the potentially liable parties:
1. The Truck Driver
If the driver was speeding, under the influence, texting while driving, or violating rest requirements, they can be held liable for their negligence.
2. The Trucking Company
Employers may be liable for the actions of their employees under a legal principle known as respondeat superior. Trucking companies may also face direct liability for:
- Hiring unqualified drivers
- Failing to maintain their fleet
- Encouraging drivers to exceed legal driving hours
- Negligent training or supervision
3. Cargo Loaders
If a third-party company improperly secured the cargo, causing the load to shift and lead to a crash, they could be held responsible.
4. Vehicle or Parts Manufacturers
Defective brakes, steering systems, tires, or other mechanical components can contribute to a collision. If a defective part caused the accident, the manufacturer could be liable under a product liability theory.
5. Maintenance Providers
If an outside contractor was responsible for inspecting or repairing the vehicle and failed to detect or fix a critical issue, they could be held liable.
6. Other Drivers
Sometimes, a third vehicle causes the truck to swerve or brake suddenly. In such cases, the third-party driver may share or bear full responsibility for the accident.
Texas and the Comparative Negligence Rule
Texas follows a modified comparative negligence system. Under Texas Civil Practice and Remedies Code § 33.001, you can recover damages only if you are 50% or less at fault for the accident. However, your compensation will be reduced by your percentage of fault.
Example:
If you’re awarded $100,000 but found to be 20% at fault, you’ll receive $80,000. If you’re found to be 51% or more at fault, you cannot recover damages.
This makes it crucial to work with experienced legal counsel who can build a strong case and defend against claims that you’re partially at fault.
Unique Legal Considerations in Truck Accident Cases
Truck accident litigation in Texas is governed not just by state law but also by complex federal trucking regulations from the Federal Motor Carrier Safety Administration (FMCSA), including:
- Hours-of-Service (HOS) limits for how long a driver can operate
- Drug and alcohol testing requirements
- Vehicle inspection and maintenance rules
- Electronic Logging Devices (ELDs) to track driving hours
Violations of FMCSA rules can provide strong evidence of negligence. But proving these violations requires access to critical evidence such as:
- Driver logs
- Maintenance records
- Onboard computer (black box) data
- Dispatch and communication records
- Dashcam footage (if available)
This evidence must be preserved early on, which is why acting fast is vital.
Texas Trucking Liability Reform: What You Need to Know
A relatively recent legal change has reshaped how trucking accident lawsuits proceed in Texas. Under House Bill 19, which became law in 2021, trucking companies are now granted a two-phase trial structure:
- Phase One: The jury decides if the truck driver was negligent and whether the negligence caused the crash.
- Phase Two: If so, the jury can then consider whether the employer/trucking company was also negligent (e.g., for poor hiring, supervision, or training).
This reform aims to limit “nuclear verdicts” (extremely large jury awards) but may also make it harder to hold trucking companies fully accountable. For injured plaintiffs, this means that an experienced legal team must work even harder to connect company practices to the crash.
Proving Liability in The Woodlands Truck Accident Case
Because liability is not always straightforward, gathering detailed evidence is essential. A strong legal team will often work with:
- Accident reconstruction experts
- Trucking industry professionals
- Medical experts to document injury severity
- Economists to calculate future losses
They’ll also handle negotiations with aggressive insurance companies and explore whether to settle or take the case to court, based on the strength of your claim.
Why Truck Accident Cases Are So Complex
Truck accident claims are more complicated than standard car accident claims for several reasons:
- Higher damages due to the size and weight of trucks
- Multiple liable parties
- Federal and state regulations
- Aggressive defense strategies by trucking insurers
- Extensive documentation and digital records (e.g., ELDs, GPS, black box)
Without legal help, victims can quickly become overwhelmed—or worse, accept a lowball settlement far below what their claim is worth.
How Morgan Bourque Attorney at Law Can Help
At Morgan Bourque Attorney at Law, the legal team brings years of courtroom and negotiation experience to truck accident cases across The Woodlands. They know what it takes to go head-to-head with commercial carriers and their insurers.
The firm’s approach is rooted in personalized service, aggressive representation, and in-depth investigation. Whether you’re up against a trucking company, parts manufacturer, or a negligent driver, they’ll fight to recover compensation for:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Disability or permanent impairment
- Wrongful death (in fatal crashes)
Morgan Bourque and his team understand that truck accident victims aren’t just looking for compensation—they’re looking for justice, closure, and the ability to move forward.
Final Thoughts
If you’ve been injured in The Woodlands truck accident, every moment matters. The trucking company may already have legal counsel and investigators working to reduce their liability. You deserve a skilled legal team who will level the playing field and fight for your future.
Contact us today at (713) 766-6001 to schedule a consultation. Our team is here to help you understand your rights, protect your interests, and pursue the full compensation you deserve—whether through settlement or trial.
Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.