Understanding the New Trucking Liability Act and What It Means for Commercial Trucking Companies in Texas
Although most trucking companies and truck drivers aim to carry out their duties safely, accidents can still occur, often introducing complex liability issues. While both the driver and the company may be held responsible for damages, Texas’ new Trucking Liability Act – Texas Civil Practice and Remedies Code § 72.051 Et Seq. – how these cases are handled has changed. Designed to protect trucking companies from undue blame, this law adds another layer to how fault is determined and how liability insurance is applied in court.
If your trucking business is navigating a lawsuit or facing a potential claim, it’s critical to understand your rights and obligations under current Texas law. At Fahl & Donaldson, we represent commercial truck drivers, motor carriers, and owner-operators with experience, agility, and a deep understanding of trucking insurance and accident litigation. Our team helps defend your company from exposure, using a combination of trial experience and knowledge of Texas law to pursue favorable outcomes.
What the Texas Trucking Liability Act Means for Your Case
Under the Trucking Liability Act, all truck accident claims filed after September 2021 follow a two-part trial process. The first part focuses exclusively on whether the truck driver was at fault and acting within the scope of their employment. Only if the plaintiff proves both points can the case move forward to examine the trucking company’s role. This bifurcated approach may limit the exposure of trucking companies, especially in cases where fault is unclear or disputed.
Once fault is established, the second part of the trial may assess whether the trucking company’s actions—such as failure to conduct proper maintenance or negligent hiring practices—contributed to the accident. However, the trucking company must elect to split the trial within 120 days of answering the lawsuit. For companies with proper insurance coverage and documented safety practices, this new law may provide an important defense mechanism in reducing liability.
Insurance Coverage and Legal Exposure for Trucking Companies
Navigating an accident claim means understanding more than just the law—it also requires comprehensive knowledge of commercial truck insurance. Most Texas trucking businesses are required to carry general liability insurance, commercial auto insurance, and often cargo insurance or collision insurance. These insurance requirements protect both the company and the public but can become complicated quickly when a claim turns into litigation.
When a truck accident occurs, an insurance claim often becomes a central part of the dispute. Plaintiffs may seek compensation for medical bills, property damage, and more. Having the correct Texas commercial truck insurance policy in place, including adequate liability coverage, is critical to protect your business. Working with attorneys who understand how liability insurance and accident reports are scrutinized in court can significantly reduce the risk of a large financial judgment.
Commercial Truck Drivers and Liability Exposure
For commercial truck drivers, liability extends beyond just the moment of the crash. The court may evaluate factors like driving history, training, hours of service compliance, and whether the driver followed safety regulations. Because the new law narrows the initial focus of the trial to the driver’s conduct, it’s more important than ever to ensure your drivers are properly vetted and trained.
Additionally, whether the driver is an owner-operator or directly employed by the motor carrier can impact how liability is assigned. Many insurance providers have differing terms based on driver status, which may affect how trucking insurance claims are handled. A strong legal defense will evaluate these nuances and develop a strategy to separate personal fault from company liability when possible.
Understanding Your Insurance Requirements and Options
Texas law imposes clear insurance requirements on commercial trucks, but the policies themselves vary. General liability insurance may not be enough if you lack appropriate coverage for your specific business model. Commercial auto insurance policies need to cover the size and weight of your trucks, the nature of your cargo, and the scope of your operations.
Cargo insurance is another important piece of the puzzle, especially for companies transporting high-value or hazardous materials. It’s critical to evaluate your policy terms and make sure all potential liabilities—from collision insurance to bodily injury coverage—are properly addressed. By understanding and customizing your insurance coverage, your trucking business may be better equipped to manage risk and avoid costly gaps.
Legal Support That Understands the Road Ahead
Truck accident cases can be overwhelming, especially when paired with insurance disputes and compliance questions. From interpreting the accident report to preparing for trial, having the right legal partner makes a difference. At Fahl & Donaldson, we bring decades of experience helping trucking companies and owner-operators across Texas respond strategically to lawsuits and claims. We assist clients with insurance claim disputes, regulatory compliance, and court representation when liability is on the line.
Whether you’re a motor carrier with a fleet or an independent operator, your legal strategy should reflect your business structure, insurance coverage, and the facts of the case. We take the time to build a defense tailored to your needs and guide you through every stage of the legal process.
Why Work With Fahl & Donaldson
At Fahl & Donaldson, we help trucking companies understand and navigate the Texas Trucking Liability Act with a focus on protecting your business and minimizing exposure. With over 100 years of combined experience, we know how to build strong defenses based on the facts, insurance coverage, and strategic use of current Texas law. Our attorneys are recognized by Martindale-Hubbell, AM Best, and Best Lawyers in America for their high professional standards and legal performance.
We travel across Texas to represent clients facing truck accident claims and liability issues, including those involving commercial truck insurance, cargo insurance, and collision insurance disputes. Whether you’re a motor carrier or an operator company, we are ready to fight for your business.
Schedule a free consultation today by calling (346) 241-7355 or completing our contact form.