Truck Accident Claims in Texas
The safety and insurance rules for trucks in Texas, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: Texas's Department of Public Safety director must adopt rules for the safe operation of commercial motor vehicles that are consistent with federal safety regulations, and may adopt all or part of the federal regulations by reference; Tex. Transp. Code §§ 644.051, 644.052, 643.101; 49 CFR 387.9
| Truck safety and insurance rules | Texas's Department of Public Safety director must adopt rules for the safe operation of commercial motor vehicles that are consistent with federal safety regulations, and may adopt all or part of the federal regulations by reference; the rules apply uniformly in the state, with listed exceptions for certain intrastate vehicles. Motor carriers that must register with the state must keep liability insurance in an amount set by department rule, no higher than the federal requirement. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9. The department rule setting the intrastate insurance amounts was not read; no dollar amount is stated. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar), called proportionate responsibility. A claimant whose percentage of responsibility is greater than 50% cannot recover. Otherwise, the claimant's damages are reduced by their percentage of responsibility. |
| Damage caps | No general cap on compensatory damages in ordinary personal injury cases was found. Caps apply in health care liability claims, to exemplary (punitive) damages, and to claims against government units under the Tort Claims Act. |
| Deadline to sue for an injury | Two years after the day the cause of action accrues. |
More Texas personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Texas
- Wrongful Death Lawsuits in Texas
- Medical Malpractice Rules in Texas
- Car Accident Claims in Texas
- Dog Bite Liability in Texas
- Slip, Trip and Fall Injuries in Texas
- Sidewalk and Public Property Falls in Texas
- Motorcycle Accident Claims in Texas
- Pedestrian Accident Claims in Texas
- Bicycle Accident Claims in Texas
- Uber and Lyft Accident Claims in Texas
- Construction Site Injuries in Texas
- All Texas personal injury & wrongful death rules
FAQ
What safety and insurance rules apply to trucks in Texas?
Texas's Department of Public Safety director must adopt rules for the safe operation of commercial motor vehicles that are consistent with federal safety regulations, and may adopt all or part of the federal regulations by reference; the rules apply uniformly in the state, with listed exceptions for certain intrastate vehicles. Motor carriers that must register with the state must keep liability insurance in an amount set by department rule, no higher than the federal requirement. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9.
Can you recover damages if you were partly at fault in Texas?
Modified comparative fault (51% bar), called proportionate responsibility. A claimant whose percentage of responsibility is greater than 50% cannot recover. Otherwise, the claimant's damages are reduced by their percentage of responsibility.
Does Texas cap damages in personal injury cases?
No general cap on compensatory damages in ordinary personal injury cases was found. Caps apply in health care liability claims, to exemplary (punitive) damages, and to claims against government units under the Tort Claims Act.
What is the statute of limitations for personal injury in Texas?
Two years after the day the cause of action accrues.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.