Most Texas truck accident cases take longer than car cases, often a year or more, because there are more defendants, more insurance layers, and more evidence to collect. A case that settles before suit can resolve sooner; a case that goes to trial can take two years or longer.
There is no fixed timeline, but truck cases follow a predictable shape. The first stage is investigation: the crash report, the truck’s electronic control module and electronic logging device data, the driver’s qualification file, hours-of-service records, maintenance records, and the carrier’s insurance. That work starts at the beginning because trucking companies are not required to keep some records for long.
The second stage is treatment. A claim should not be valued until the injured person’s doctors can say what the injury will mean long term. Settling before that point usually means settling for too little, because a release ends the claim no matter what the next MRI shows.
If the insurer will not pay fair value, the case is filed. Texas law sets a two-year deadline for most injury suits under Civil Practice and Remedies Code section 16.003, so filing has to happen well inside that window. Once a suit is filed, the Texas Rules of Civil Procedure govern discovery: written requests, document production, and depositions of the driver, the safety manager, and the experts.
Commercial vehicle cases also have their own procedure. Under Chapter 72 of the Civil Practice and Remedies Code, a trucking company can ask the court to split the trial into phases, and if the company stipulates that its driver was acting in the course and scope of employment, some direct negligence claims against the company are limited in the first phase. That can affect how long the case takes and how it is tried.
Most truck cases settle, often after key depositions or at mediation. A case that is tried takes longer, and an appeal adds more time. Owsley Law Firm handles truck cases across Texas, gives clients a realistic picture of each stage, and charges no fee unless it wins.
What to do, step by step
- Investigation: preserve the truck’s data, the driver’s logs and file, and the scene evidence.
- Treatment: get care until doctors can describe the long-term picture.
- Demand: present the claim with records and losses to every insurer involved.
- Suit: file within the two-year deadline if the offer is not fair.
- Discovery and mediation: depositions, records, and a court-ordered settlement conference.
- Trial: if the case does not settle, a jury decides fault and damages.
Federal record-retention rules are one reason speed matters at the start. Carriers must keep hours-of-service records for a limited time, and electronic control module data can be overwritten when a truck goes back into service. A preservation letter sent early puts the carrier on notice that the records must be kept, and a court can respond if they are destroyed after that.
The court’s own schedule also shapes the timeline. Busy urban dockets such as Harris County can take longer to reach a trial setting than smaller counties, and the court’s scheduling order sets deadlines for discovery, expert designations, and mediation. Your lawyer should explain where your case is in that schedule at each stage, so the wait is never a mystery.
The number of defendants affects the timeline. A case against a driver, a carrier, a trailer owner, and a shipper involves several insurers and several lawyers, and each needs time to respond to discovery and evaluate the case.
Severe injuries can also lengthen the timeline because the future medical care has to be understood before the case can be valued. Life care planners and economists may be needed to put a number on future costs and lost earning capacity.
Related questions
Can a truck case settle without a lawsuit?
Yes, when liability is clear and the insurer pays fair value. Many serious truck cases are filed because the carrier disputes fault or the damages.
Does the trucking company’s lawyer contact me directly?
Once you have a lawyer, the company and its insurer must deal with your lawyer. Before then, do not give a recorded statement to the carrier or its investigator.
What slows a truck case down most?
Disputes over records, multiple defendants, and ongoing medical treatment. Early preservation of evidence helps avoid the first problem.
Read next
