An Austin truck accident lawyer builds your truck accident case from the truck, the company that ran it and the records behind both. Federal rules require covered carriers to retain driver logs, repair files and driver qualification files. Those records can show what went wrong before the crash.
Texas law sets the deadline to file and the rule on shared fault.
You pay nothing unless we win. Zinda Law Group offers a free consultation about your truck accident at (800) 863-5312.
Article summary
Key things to know
- Federal rules require covered trucking companies to keep driver logs, repair files and driver qualification files.
- Texas generally gives truck accident victims two years to file an injury lawsuit.
- A claim against the City of Austin for injury generally needs notice in writing, verified by affidavit, within 45 days.
- Texas reduces damages by a person’s share of fault and bars recovery for anyone more than 50 percent responsible.
- A claim can name the truck driver, the trucking company and others whose work caused the crash.
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Hurt by a commercial truck near Austin?
Our Austin truck accident lawyers will explain which records to request and how much time you have.
What an Austin truck accident lawyer does
Austin truck accident lawyers handle injury claims against truck drivers and the companies behind them. Those claims can reach the trucking company that employs a driver. Insurance companies stand behind both.
In a truck accident case the work starts with a preservation letter. It asks the company in writing to keep the truck, the trailer, the electronic logs and any black box data.
Our Austin personal injury lawyers explain your legal options at each step, and you decide whether to accept an offer. A truck accident attorney also takes the insurers’ calls and weighs each offer against the client’s medical bills and lost wages.
Not every personal injury lawyer handles truck cases, so look for an experienced lawyer who knows the federal rules.
How a truck accident case differs from a car accident case
A truck accident case differs from a car accident case in who the defendants are and what records exist. When a truck is involved, one company may employ the driver while another owns the trailer or loaded the freight. Our car accident lawyer page covers crashes between cars.
The vehicles differ too. The Federal Motor Carrier Safety Administration (FMCSA) says a tractor-trailer can weigh up to 80,000 pounds fully loaded and that large trucks are often 20 to 30 times heavier than passenger vehicles. It says that weight increases the risk of more severe injuries and fatalities.
Truck crashes in Austin and Travis County
TxDOT counted 648 crashes involving a commercial motor vehicle in Travis County in 2025. Seven were fatal crashes in which 11 people died, and 30 people had suspected serious injuries. The count covers reported crashes in which the officer marked the commercial vehicle indicator, not just 18-wheelers, and it says nothing about fault. The county figure is not an Austin-only count.
TxDOT calls I-35 through Central Texas one of the most congested highways in the state.
The National Highway Traffic Safety Administration (NHTSA) counted 699 large trucks in fatal crashes in Texas in 2024, more than in any other state. NHTSA counts a truck as a large truck when it is rated over 10,000 pounds.
Austin 18-wheeler and semi truck accidents
A semi truck accident, a big rig accident and an 18-wheeler wreck can all describe the same crash. The federal safety rules count a truck as a commercial motor vehicle when it is used in interstate commerce at a weight rating or gross weight of 10,001 pounds or more, among other tests. Our national 18-wheeler accident page explains the tractor and trailer rules in full.
Not every commercial truck is a tractor trailer. The article on a FedEx truck accident case covers delivery trucks. Buses follow separate passenger carrier rules, which our Austin bus accident page covers.
Federal trucking regulations for commercial truck drivers
The FMCSA writes safety rules for the trucking industry. A broken rule does not prove fault by itself, but it can point to the records worth asking for.
Hours of service and driver fatigue
A driver of a property-carrying truck may generally drive at most 11 hours, inside a 14-hour window that starts when the driver comes on duty after 10 consecutive hours off, subject to weekly limits. Driving is generally not permitted after 8 hours of driving without a break of at least 30 minutes. Federal rules also bar a truck driver from driving when fatigue or illness makes it unsafe, and they bar a carrier from requiring or permitting it.
Most interstate carriers must have drivers record their hours on an electronic logging device (ELD). The carrier must keep the driver logs and supporting documents for at least six months, along with a back-up copy of the electronic logging records.
Driver files, testing and maintenance
A motor carrier must keep a driver qualification file for each driver it employs, generally for as long as the driver works for it and three years after. After a fatal crash on a public road, the carrier of a truck that requires a commercial driver’s license must test its surviving driver for alcohol and drugs as soon as practicable. Testing attempts stop after 8 hours for alcohol and 32 hours for drugs.
A carrier must also inspect, repair and maintain its trucks. For a truck it controls for 30 days or more, it must keep records of that work for one year, and for six months after the truck leaves its control.
Our truck accident lawyer page covers these federal rules for every state.
Texas safety regulations for commercial trucks
Texas law tells the Department of Public Safety to adopt safety regulations for commercial trucks that are consistent with the federal regulations.
Common causes of truck accidents in Austin
An Austin truck accident lawyer checks the causes below first, because each can leave a record.
- Driver fatigue, checked against the hours logs
- Distracted driving, checked against police reports and phone records
- Poor maintenance, checked against the repair file
- Improper loading, checked against the shipping papers
- Driving under the influence, checked against post-crash tests
Truck collisions take several forms. In an underride crash a smaller vehicle slides under a trailer. A rollover is a truck tipping over.
Catastrophic injuries and other truck accident injuries
A crash with a commercial truck can cause severe injuries, and serious truck accidents often mean long medical treatment.
- Traumatic brain injuries, which our Austin brain injury lawyer page covers
- Spinal cord injuries and paralysis
- Broken bones and crush injuries
- Internal organ damage
- Neck and back injuries
- Severe burns
Our pages on spinal cord injuries and neck and back injuries cover two of these in more depth. Catastrophic injuries can end a career or require care for the rest of a person’s life. Truck accident victims who see a doctor the same day also create treatment records for the claim. Our FAQ covers a crash that leaves a person run over by a truck.
Who can be held liable after an Austin truck accident
Any commercial vehicle crash can have multiple liable parties. Austin truck accident lawyers match each failure to the party that owed the duty, so a claim can hold negligent parties accountable.
The truck driver and the trucking company
A negligent truck driver is the first place to look. Speeding, distracted driving and driving past the hours limits can show up in the logs and the crash report.
A claim may name the company for an employee’s negligence within the scope of employment, or for company negligence that caused the crash. The company has duties of its own under federal rules. It may not put an unqualified driver on the road, and it must inspect and repair its trucks.
Loaders, repair shops and manufacturers
Whoever loaded the cargo may share fault when improper loading played a part. The truck’s owner or a repair shop may share fault for bad brake work. A truck manufacturer or a maker of defective truck parts may be liable for a defect. You can pursue compensation from more than one of them in the same claim.
A city or another government body
Austin’s city charter sets a 45-day notice period of its own for injury claims. Under the Texas Tort Claims Act, a governmental unit generally is entitled to notice within six months, and a city charter can set a shorter period.
Texas rules for commercial vehicle lawsuits
Texas has its own procedure for lawsuits over crashes with commercial vehicles. On a timely motion by a defendant, the court provides for a trial in two phases. The jury decides liability and compensatory damages in the first phase and exemplary damages in the second.
In the first phase, evidence that a defendant broke a regulation must tend to prove that the failure was a proximate cause of the injury. The rule must also be specific and govern the defendant, its employee or its equipment, or be part of a duty of care that applies to them.
An employer can change how the claims against it are tried. If it states in time that the driver was its employee acting within the scope of employment, its liability for the driver’s ordinary negligence is generally based only on that relationship. The statute still allows a claim against the employer for conduct such as negligent maintenance.
How shared fault works in Texas
When a trucking company is involved, its insurance companies may argue that you share the blame. A person who is 50 percent or less responsible can still recover compensation, reduced by that percentage. A person who is more than 50 percent responsible cannot recover.
The jury assigns a percentage of responsibility to each claimant, each defendant, each settling person and each designated responsible third party. A defendant is generally liable only for its own percentage. A defendant found over 50 percent at fault is also liable for all the damages the injured person can recover.
Filing deadlines
Questions about how much time you have?
Deadlines to file a truck accident claim in Texas
Texas generally requires a personal injury lawsuit to be filed within two years of the day the claim accrues, and a wrongful death lawsuit within two years of the death. For an injury claim against the City of Austin, the notice period is only 45 days and the notice must be sworn.
Our Texas page covers the state rules, and a truck accident lawyer can say which deadline fits.
What a truck accident claim can cover
In a personal injury case, the claim asks the responsible parties to pay for what the crash cost. Texas limits recovery of medical expenses already incurred to the amounts actually paid or incurred by or on behalf of that person.
- Medical expenses, including future medical care
- Lost wages and lost earning capacity
- Pain, emotional trauma and the limits serious injuries put on daily life
- Vehicle damage and other property damage
In cases involving gross negligence, fraud or malice, Texas allows exemplary damages only on clear and convincing proof that the harm resulted from it, and the law generally caps them. Our FAQ on punitive damages explains them. Our guide to lost wages and our page on property damage cover two of the losses above.
We do not quote an average settlement. Whether a truck accident case reaches a settlement depends on the injuries, the proof and how fault is shared.
When a truck crash is fatal
A Texas wrongful death action belongs to the surviving spouse, the children and the parents. Any one of them may file for all of them. Brothers, sisters and grandparents are not on that list.
When the injured person dies, a personal injury claim does not end. It survives to the heirs, legal representatives and estate. Our Austin wrongful death lawyer page covers wrongful death cases in more depth.
What to do after a truck accident in Austin
After a truck wreck, act while the evidence still exists.
- Get medical care. See a doctor the same day, even if you feel fine.
- Call the police. The police report records the truck, the driver and the carrier’s name. Our FAQ explains how to get your crash report in Austin.
- Gather evidence. Take photos of the road, the damage and the name on the truck’s door.
- Collect witness statements. Write down names and phone numbers before people leave.
- Keep your records. Save medical bills, repair estimates and proof of lost wages.
- Wait on recorded statements. Insurance companies may ask for one, so talk to an Austin truck accident lawyer first. Tell your lawyer about the truck’s black box data and logs, so a letter can go out fast.
How insurance companies handle truck accident claims
In insurance claims against a commercial vehicle’s owner, an adjuster may ask for a recorded statement or a medical release. Our FAQ on medical record releases explains what to watch for.
Truck accident victims face mounting medical bills while treatment continues. A settlement offer made before treatment ends can leave out care not yet received. An Austin truck accident lawyer compares each offer with the medical records and lost wages. The comparison helps show whether the offer is a fair settlement.
Our article on negotiating with Progressive covers one insurer after an 18-wheeler accident.
Courts in Austin and Travis County
Travis County’s website lists twelve civil district courts, and the courts sit in Austin. Travis County is in the Austin Division of the U.S. District Court for the Western District of Texas.
When you are ready
Talk through the next step.
The legal process with our Austin truck accident lawyers
The legal process in a personal injury case starts with a free review of what happened and how the crash changed daily life. Lawyers then gather evidence: the crash report, the trucking company’s records, black box data, medical records and witness statements. An accident reconstruction expert can join the team.
The claim goes to the trucking company, the other at-fault parties and their insurance companies. It can settle before anyone files a lawsuit. An insurer may refuse a fair settlement. The client then decides whether to file a lawsuit before the Texas deadline.
Free consultation with an Austin truck accident law firm
The case evaluation page takes your details online. Our Austin truck accident lawyers go over the crash, the records worth asking for and the deadline that applies, and they deal with the insurance companies. Our lawyers also handle truck crashes in nearby cities, with pages for Round Rock and San Marcos.
Zinda Law Group is a personal injury law firm with an office at 7801 North Capital of Texas Highway, Suite 300, Austin, TX 78731. Our Austin office page covers the other cases we handle.
Our firm works on a contingency fee basis, so there is no out-of-pocket cost to secure the legal representation you need.
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Over 100 years of combined experience representing injured victims across the country.
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