Do You Sue the Truck Driver Directly After a Truck Accident in Texas?

 Posted on October 29, 2025 in Personal Injury

Texas is an at-fault state. If you are injured in an accident with a semi, whoever is at fault is responsible for the resulting damages. Sometimes, that is the truck driver, but liability in truck accident cases can be complicated. You may even have the right to hold more than one party accountable for your losses. An experienced Georgetown, TX truck accident lawyer can help you sort through these details and ensure you get the compensation you need to recover.

When Is the Trucking Company Responsible for an Accident in Texas?

In many cases, the trucking company, not just the driver, can be held responsible for your injuries. Texas recognizes vicarious liability, which means an employer can be held liable for its employee’s negligence that occurs while on the job. If the driver was working during the crash, you may be able to sue the company directly. Even speeding could lead to company liability. Tex. Transp. Code § 545.351 requires drivers to control their speed to avoid collisions. Companies that encourage unsafe delivery schedules can contribute to these violations.

Employer liability in these cases can extend well beyond the driver’s actions. A trucking company that fails to maintain its vehicles or pressures drivers to work past legal hours is violating both state and federal safety laws. These violations often result in preventable crashes caused by brake failures, tire blowouts, or driver fatigue. When a company’s negligence plays a role in an accident, it can be held accountable for both its own conduct and that of its employees.

What if the Truck Driver Who Caused Your Accident Was an Independent Contractor?

Some trucking companies opt to hire drivers as independent contractors rather than full-time employees to reduce costs and limit their legal liability. Whether you can sue the company depends on how much control it had over the driver’s work.

Courts look at factors like who owned the truck, who set the route, and who handled maintenance and insurance. If the company controlled these details, it may still be liable. If not, you may need to sue the driver directly.

Could Anyone Else Be Liable in a Truck Accident Case?

Truck drivers and their employers are not the only parties involved in operating a semi. Depending on the circumstances, other people or entities who could share responsibility include:

• The company or individual who loaded the cargo, if they made errors that caused the load to shift or spill

• The manufacturer, if defective brakes, tires, or other parts contributed to the crash

• Another driver on the road, if their actions forced the truck to swerve or lose control

• A third-party maintenance company, if it failed to properly inspect, repair, or service the truck before it went back on the road

How Do You Prove Negligence in a Truck Accident Case?

To win your case, your attorney must show that someone’s careless or reckless behavior was responsible for your injuries. Negligence is proven through evidence such as police reports, driver logs, black box data, maintenance records, and witness statements.

Under Tex. Civ. Prac. & Rem. Code § 16.003, you typically have two years from the date of the crash to file a personal injury claim. However, the longer you wait, the harder it may be to prove negligence.

Contact an Austin, TX Truck Accident Attorney Today

Truck accident claims are complex and often involve multiple layers of insurance and responsibility. A knowledgeable attorney can help you navigate the process. At Morales Law Office, Attorneys at Law, PLLC., we have served clients in Travis County and surrounding areas since 1996. Over the years, our team has handled a wide range of cases and continues to stand up for people when they need it most.

If you were injured in a trucking crash, contact our Georgetown, TX truck accident lawyers today for a free consultation. Hablamos Español.