The Comprehensive Guide to Texas Trucking Laws (2026 Edition)

Navigating the aftermath of a commercial vehicle collision is significantly more complex than a standard passenger car accident. Because of the size, weight, and federal regulations involved, Texas has established specific statutes to govern these claims.

At Treviño Law, we believe an informed claimant is an empowered one. This comprehensive guide breaks down the essential legal frameworks—from filing deadlines to fault systems—that govern trucking litigation in the Lone Star State.

What Is the Statute of Limitations for a Truck Accident in Texas?

In Texas, the statute of limitations for a truck accident claim is generally two years from the date the accident occurred. This is codified under Texas Civil Practice and Remedies Code § 16.003.

Failure to file a lawsuit within this strict two-year window usually results in the court dismissing the case, meaning you lose your right to seek compensation forever.

Critical Exceptions:

• Wrongful Death: If a loved one was killed in a truck accident, the two-year clock typically begins on the date of death, not necessarily the date of the accident.
• Claims Against Government Entities: If the truck was owned by a municipality or the state, you may have as little as six months to file a formal “Notice of Claim.”

Understanding Texas’s Modified Comparative Fault (The 51% Rule)

Texas operates under a legal doctrine known as proportionate responsibility. Per Texas Civil Practice and Remedies Code § 33.001, a claimant may only recover damages if their percentage of responsibility is not greater than 50%.

How the “51% Bar” Works

If you are found to be 51% or more at fault for the truck accident, you are legally barred from recovering any compensation from the other parties.

If you are found to be 30% at fault, your final settlement or jury award will be reduced by 30%. For example, a $100,000 verdict would be reduced to $70,000. Because trucking companies often try to shift blame onto the victim to cross that 51% threshold, having an experienced firm like Treviño Law is vital to protecting the integrity of your claim.

Texas Commercial Trucking Insurance Requirements

Because commercial trucks cause significantly more damage than passenger vehicles, the law requires them to carry much higher insurance limits. These requirements vary based on the type of cargo being transported:

• General Freight: $750,000 minimum liability.
• Oil Transport: $1,000,000 minimum liability.
• Hazardous Materials: $5,000,000 minimum liability.

These high limits are why trucking companies hire aggressive defense firms and “rapid response” investigators to the scene of an accident. They are protecting millions of dollars in potential exposure.

Texas House Bill 19 (HB 19): A New Layer of Complexity

As of late 2021, Texas enacted House Bill 19, which changed how truck accident lawsuits are tried. Under this law, a trucking company can request a “bifurcated trial.”

1. Phase One: The jury determines the driver’s negligence and the amount of compensatory damages.
2. Phase Two: Only if the driver is found negligent does the trial move to the second phase to determine the trucking company’s direct liability (for things like negligent hiring or training) and exemplary damages.

This law makes it harder to bring the trucking company’s history of safety violations into the initial part of the trial, making it more important than ever to have a lawyer who understands how to navigate these procedural hurdles.

Key Federal vs. State Regulations

While Texas state law governs the courtroom procedure, the Federal Motor Carrier Safety Administration (FMCSA) sets the standards for operation. Treviño Law investigates violations of these federal “Hours of Service” (HOS) rules, which include:

• The 11-Hour Driving Limit: Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
• The 14-Hour Limit: Drivers may not drive beyond the 14th consecutive hour after coming on duty.
• Electronic Logging Device (ELD) Mandate: Most commercial trucks must use ELDs to track their time, providing crucial digital evidence in a crash.

Why “Black Box” Data is Critical

Modern semi-trucks are equipped with an Electronic Control Module (ECM), commonly referred to as a “Black Box.” This device records mission-critical data in the seconds leading up to a collision, including:

• Vehicle speed and cruise control status.
• Braking patterns and sudden deceleration.
• Throttle position and engine RPMs.
• GPS location and steering angles.

Pro Tip: Trucking companies are only required to preserve certain records for a limited window. Treviño Law immediately issues Spoliation Letters to ensure this digital evidence is not overwritten or destroyed.

Contact Treviño Law: Austin’s Truck Accident Authority

If you have been injured in a collision with a commercial vehicle, the clock is already ticking. The trucking company’s legal team is likely already building a defense. You need an advocate who knows their playbook inside and out.

Treviño Law provides the aggressive, knowledgeable representation needed to go up against national trucking corporations and secure the compensation you deserve. If you’ve been in a truck accident, contact our Austin truck accident lawyer today.

Have questions about your case? Schedule a Free Consultation with Treviño Law today.