Potentially the driver, the motor carrier, the trailer owner, the shipper or broker, a maintenance contractor, and a parts manufacturer. Texas assigns each a percentage, and the carrier usually holds the large policy.
A commercial truck crash is rarely one defendant. The driver may have violated hours-of-service rules under 49 CFR Part 395. The carrier may have scheduled unrealistically, skipped inspections required by Part 396, or hired a driver with a disqualifying history under Part 391. The shipper may have loaded the trailer improperly. A brake or tire manufacturer may have sold a defective part.
Each shares fault under Chapter 33 of the Civil Practice and Remedies Code, and each has its own insurer. Interstate carriers must carry at least $750,000 under 49 CFR 387.9, and most carry $1 million or more, which is why they defend these cases hard from the first day.
The evidence that assigns responsibility, electronic logs, dispatch records, inspection reports, and engine data, is retained for limited periods. Preservation letters go out immediately.
Owsley Law Firm identifies every responsible party in a truck case, because the recovery depends on it, and charges no fee unless it wins.
The federal safety rules provide a map for finding responsible parties. Part 395 limits driving hours, including an 11-hour driving limit within a 14-hour window and required breaks, and records of duty status must be retained for six months. A driver who exceeded them, and a carrier that dispatched them anyway, may both be at fault. Part 391 requires a driver qualification file, and Part 396 requires systematic inspection, repair, and maintenance, so gaps in either can support a claim against the carrier itself.
Texas allows direct claims against a carrier for its own negligence, such as negligent hiring, training, supervision, or maintenance, in addition to vicarious liability for the driver's conduct. Those claims allow a jury to examine the company's practices, not just the driver's moment behind the wheel. Defendants often try to separate them, and the procedural fight over that separation is a routine part of Texas trucking cases.
Shippers and brokers are harder targets, but not impossible. A shipper who loaded a trailer unsafely, or a broker who hired a carrier it knew or should have known was unsafe, may face claims, though federal preemption arguments can complicate the latter. Identifying who controlled the load, the schedule, and the equipment is central to the analysis.
Because so many parties may be responsible, Chapter 33 fault allocation and joint and several liability rules are important. A defendant more than 50 percent responsible is liable for the entire judgment, while others pay their share. Early investigation to find every responsible entity, and the insurance behind each, is what keeps a truck case from being limited to a single policy.
Mistakes that cost people money
- Letting the truck be repaired or returned to service before the data is copied.
- Giving the carrier's insurer a statement before a lawyer sends a preservation letter.
- Assuming only the driver can be sued.
- Not photographing the truck's markings, DOT number, and trailer plates.
Related questions
What is a DOT number and why does it matter?
The USDOT number identifies the motor carrier on the side of the truck. It lets a lawyer look up the carrier's registration, insurance filings, and safety record, and it is essential to identifying the correct defendant.
What if the driver was an independent contractor?
Carriers often claim the driver was an independent contractor to avoid responsibility. Federal rules and the carrier's actual control over the work can still make the carrier responsible, so the label on the contract is not the end of the analysis.
How long do trucking companies keep records?
It varies by record. Records of duty status must be kept for six months, driver qualification files generally for the length of employment plus a period afterward, and other records for shorter times. Preservation letters should go out quickly.
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