Accidents move fast. This guide doesn't. Every step below is attorney-reviewed and specific to Dallas, Texas law — so you don't miss what matters.
If you were hit by a commercial truck in Dallas, Texas gives you 2 years to file under Tex. Civ. Prac. & Rem. Code § 16.003. Truck accident claims involve multiple liable parties — the driver, the trucking company, and their insurers.
Critical differences from car accident claims:
- FMCSA regulations: Federal hours-of-service rules cap driving at 11 hours per 14-hour window. Violations are recorded on the truck's Electronic Logging Device
- Multiple defendants: The driver, carrier, maintenance contractor, and cargo loader may all share liability
- Higher insurance limits: Federal law requires $750,000–$5,000,000 in carrier liability coverage depending on cargo type
- Evidence destruction risk: Trucking companies routinely purge ELD data, dashcam footage, and inspection logs within 6 months
Texas's 51% fault bar applies. Contact a Dallas truck accident attorney immediately to send a spoliation preservation letter.
Quick Answer — Source Index5§ 2 LAW◎ 3 GOVclaim-level sources
Texas Statute of Limitations — Tex. Civ. Prac. & Rem. Code Ch. 16Texas Statute of Limitations✓ Official (source-only)
FMCSA Hours-of-Service RegulationsFMCSA Hours-of-Service Regulations✓ Official (source-only)
FMCSA Minimum Insurance Requirements — 49 CFR § 387FMCSA Minimum Insurance Requirements✓ Official (source-only)
TxDOT Motor Vehicle Crash Statistics 2024TxDOT Motor Vehicle Crash Statistics 2024✓ Official (source-only)
Texas Comparative Fault — Tex. Civ. Prac. & Rem. Code Ch. 33Texas Comparative Fault✓ Official (source-only)
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Dallas sits at the intersection of I-35E, I-30, and I-20 — three of the busiest freight corridors in the South. Texas recorded 4,150 total traffic fatalities statewide in 2024. Commercial truck crashes involving 18-wheelers and semis produce some of the most catastrophic injuries seen in Dallas County courts.
Why This Matters — And What Insurers Won't Tell You
Trucking companies dispatch their own investigators to the crash scene — often within hours. Their goal is to build a defense before you have retained counsel. By the time most victims contact an attorney, the carrier's team has already downloaded the Electronic Logging Device data, interviewed witnesses, and photographed the scene from angles that support their narrative.
FMCSA regulations require carriers to preserve ELD records for only 6 months. Dashcam footage from the truck's forward-facing camera is typically stored on a loop that overwrites within 30–72 hours unless a preservation hold is placed. Dispatch logs, driver qualification files, drug and alcohol testing records, and pre-trip inspection reports are all subject to routine destruction under federal record retention minimums.
The average 18-wheeler accident claim in Texas involves $750,000 to $5 million in available insurance coverage — far more than a standard auto claim. Carriers and their insurers fight proportionally harder to minimize payouts. Early legal intervention is not optional in truck cases; it determines whether critical evidence exists when your case reaches litigation.
Texas recorded 4,150 traffic fatalities statewide in 2024 — one person killed every 2 hours and 7 minutes.
Dallas County's position at the I-35E/I-30/I-20 interchange makes it one of the highest-volume commercial truck corridors in Texas. Fatality risk increases exponentially when a passenger vehicle collides with an 80,000-pound truck.
Source: TxDOT Crash Records 2024
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Check My Eligibility →What To Do Next
- 1
Call 911 immediately. Do not move from the scene unless your safety is at risk. Truck accident scenes require specialized investigation — request that the responding officer document the truck's license plate, DOT number, and carrier name on the CR-3 report.
- 2
Photograph the truck's DOT number, USDOT placard, company name on the cab, trailer number, and all visible damage. Also photograph any cargo debris, road markings, skid marks, and the truck's position relative to your vehicle.
- 3
Do not speak with the trucking company's investigators or insurance representatives. They will arrive at the scene or contact you within 24–48 hours. Anything you say can be used to reduce the carrier's liability.
- 4
Get names and contact information for all witnesses. In multi-lane truck accidents on Dallas freeways, witness testimony is critical for establishing lane position, speed, and whether the truck driver signaled before the crash.
- 5
Seek emergency medical treatment immediately. Truck accident injuries are frequently catastrophic — traumatic brain injuries, spinal cord damage, and internal organ injuries may not produce symptoms for hours or days.
- 6
Contact a truck accident attorney within 24 hours. Your attorney must send a spoliation preservation letter to the carrier, their insurer, and any maintenance contractors to prevent destruction of ELD data, dashcam footage, driver logs, and inspection records.
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How much is your case worth in Texas?
Statewide settlement data by injury type, verified by Michael Scott Fielding, J.D..
| Metric | Value | Source |
|---|---|---|
| Texas statute of limitations — personal injury | 2 years from accident date | [Tex. Civ. Prac. & Rem. Code § 16.003](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm) |
| Federal minimum carrier liability insurance | $750,000 – $5,000,000 depending on cargo | FMCSA 49 CFR § 387.9 |
| FMCSA hours-of-service driving limit | 11 hours per 14-hour window | [FMCSA HOS Regulations](https://www.fmcsa.dot.gov/hours-service/eld/driver-hours-service-regulations) |
| ELD data retention minimum | 6 months (carriers may purge after) | FMCSA 49 CFR § 395.8 |
| Modified comparative negligence threshold | 51% — exceed this and you recover nothing | [Tex. Civ. Prac. & Rem. Code § 33.001](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm) |
| Dallas County total crashes (2024) | 46,257 | [TxDOT Crash Records 2024](https://www.txdot.gov/data-maps/crash-reports-records/motor-vehicle-crash-statistics.html) |
Common Mistakes to Avoid
- 1
Mistake #1: Failing to send a spoliation preservation letter within 72 hours. Trucking companies are legally required to preserve ELD data for only 6 months, and dashcam footage overwrites on a 30–72 hour loop. By the time most victims hire an attorney weeks after the crash, the most critical evidence has already been destroyed under routine retention policies. Hire a truck accident attorney within 24 hours so a preservation demand goes out immediately.
- 2
Mistake #2: Speaking with the trucking company's investigator at the scene. Carriers dispatch their own investigators
sometimes within hours. These investigators are not neutral. Their job is to document statements and observations that reduce the company's liability. Anything you say at the scene becomes part of the carrier's defense file. Direct all communication to your attorney. Do not give statements to anyone other than law enforcement.
- 3
Mistake #3: Treating a truck accident claim like a car accident claim. Truck claims involve federal FMCSA regulations, multiple liable parties (driver, carrier, maintenance company, cargo loader), and insurance policies 10–50x larger than standard auto policies. The defense resources are proportionally larger. Applying car accident strategies to a truck case leaves significant compensation on the table. Hire an attorney experienced in FMCSA litigation, not just general personal injury.
- 4
Mistake #4: Not identifying all liable parties. The truck driver is rarely the only defendant. The carrier may be liable for negligent hiring, inadequate training, or hours-of-service pressure. The maintenance contractor may be liable for brake failure. The cargo loader may be liable for shifting loads. Missing a defendant means missing an insurance policy. Your attorney should subpoena the driver qualification file, maintenance records, and cargo manifests early in the case.
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More Help
How to Choose the Right Lawyer
Bar verification, consultation questions, red flags, and contingency fee structures under Texas law.
Find a Trusted Auto Body Shop
Vetted collision repair shops in Dallas — insurance-approved and independently rated.
Lowball Settlement Offers
How to detect and counter a lowball insurance offer after your accident.
Insurance Claim Denied?
Steps to take when your insurance company denies or undervalues your claim.
Frequently Asked Questions
Who is liable in an 18-wheeler accident in Dallas?▼
Multiple parties may share liability: the truck driver, the trucking company (carrier), maintenance contractors, cargo loaders, and equipment manufacturers. Texas law holds carriers vicariously liable for their drivers' negligence. Each party carries separate insurance. Your attorney should identify all defendants to maximize available coverage.
How is a truck accident claim different from a car accident claim in Texas?▼
Truck claims involve federal FMCSA regulations, higher insurance limits ($750K–$5M), multiple defendants, and specialized evidence like ELD data and driver qualification files. Carriers deploy investigators within hours. The defense resources and litigation complexity far exceed standard auto claims. Specialized legal counsel is essential.
What should I do immediately after a truck accident in Dallas?▼
Call 911, photograph the truck's DOT number and company name, get witness contacts, and seek emergency medical care. Do not speak with the trucking company's investigators. Contact a truck accident attorney within 24 hours to send a spoliation preservation letter before ELD and dashcam evidence is destroyed.
How long do I have to file a truck accident claim in Texas?▼
Texas gives you 2 years from the accident date under Tex. Civ. Prac. & Rem. Code § 16.003. However, critical evidence like ELD data and dashcam footage may be destroyed within 6 months or less. File your claim and retain an attorney as early as possible to preserve evidence.
Can I sue the trucking company after a wreck in Texas?▼
Yes. Texas holds carriers liable for their drivers' actions under respondeat superior. You can also sue the carrier directly for negligent hiring, inadequate training, or pressuring drivers to violate hours-of-service rules. Carrier liability policies start at $750,000 and can reach $5 million or more.
What are FMCSA hours-of-service rules?▼
Federal regulations cap commercial truck drivers at 11 hours of driving within a 14-hour on-duty window, followed by a mandatory 10-hour rest period. Drivers must also take a 30-minute break after 8 consecutive hours. Violations are recorded on Electronic Logging Devices and are strong evidence of carrier negligence.
What if the truck driver was on their phone during the crash?▼
Distracted driving by a commercial truck driver violates FMCSA regulations prohibiting hand-held cell phone use (49 CFR § 392.82). Phone records, ELD data showing the truck was in motion, and dashcam footage can prove distraction. Your attorney can subpoena the driver's cell phone records early in litigation.
What if I was hit by a truck in Dallas — who pays my medical bills?▼
The carrier's liability insurance covers your medical bills if the truck driver was at fault. Federal minimums range from $750,000 to $5 million. Your own PIP coverage (if not rejected) can cover immediate costs while liability is investigated. A medical lien may allow treatment with no upfront payment, repaid from settlement proceeds.
Sources & Citations
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