All Laws Decoded

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 rulesTexas'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 capsNo 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 injuryTwo years after the day the cause of action accrues.

More Texas personal injury & wrongful death

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.