When a commercial truck is involved in a death, the claim is different from an ordinary car crash. The trucking company, its insurer and often a team of lawyers start work quickly, and much of the evidence is in records that only the carrier holds. This page explains the safety rules that commercial trucks must follow, what those rules mean for a family’s claim, and how a Texas truck case is tried. It is written by LAWBOSS – Harris, Nelsen & Uvalle, PLLC, whose main office is in North Dallas.
In short
Texas applies the federal motor carrier safety rules. Drivers have strict limits on driving hours, their time is recorded electronically, and carriers must keep those records for at least six months. Carriers must inspect and maintain their trucks, check their drivers and secure their loads. A family’s case often turns on those records, so they must be preserved early.
If your family lost someone in a crash with a truck, you can talk it through with us. There is no cost and no pressure.
Texas follows the federal truck safety rules
The Texas Department of Public Safety adopts rules for commercial vehicles “consistent with federal regulations” and may adopt the federal rules by reference (Transportation Code 644.051). In practice, the Federal Motor Carrier Safety Regulations in Title 49 of the Code of Federal Regulations set the standard for trucks on Dallas freeways such as I-35E, I-30 and I-635.
Limits on driving hours
Fatigue is one of the risks the rules address most directly. Under 49 CFR 395.3, a driver of a property-carrying truck:
- must have 10 consecutive hours off duty before driving;
- may not drive after the 14th hour on duty;
- may drive no more than 11 hours;
- must take a 30-minute break after 8 hours of driving;
- may not drive after 60 hours on duty in 7 days, or 70 hours in 8 days, unless a 34-hour restart resets the count.
A driver who is too tired or ill to drive safely may not drive, and the carrier may not let them (49 CFR 392.3).
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Electronic logs and how long they are kept
Most drivers’ duty status is recorded by an electronic logging device (49 CFR 395.8(a)). Carriers must keep the duty records and supporting documents for at least six months (395.8(k)). Six months can pass quickly while a family is grieving. This is why we send the carrier a written demand to preserve its logs, data and records early in the case, before anything is lost in the ordinary course of business.
Drugs, alcohol and phones
No driver may be on duty under the influence of Schedule I drugs, amphetamines or narcotics (49 CFR 392.4). No alcohol may be used within four hours before going on duty or while on duty (392.5). Texting while driving a commercial vehicle is prohibited (392.80), and so is using a hand-held phone (392.82). Both rules bind the carrier too: it may not require or allow its drivers to break them.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Who may drive, and the driver’s file
A commercial driver must be at least 21 years old (49 CFR 391.11(b)(1)), and the carrier must keep a driver qualification file for each driver (391.51). Drivers must pass a drug test before they start safety-sensitive work (382.301). When a carrier hired or kept a driver it should not have, that can be part of the family’s claim against the company itself.
Maintenance and loads
Carriers must systematically inspect, repair and maintain every vehicle they control (49 CFR 396.3). Cargo must be secured so it cannot shift or fall (393.100). Brake failures, worn tires and loose loads are often traced back to records that show what the carrier did, or did not do, before the crash.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Who may be responsible
Under the Texas Wrongful Death Act, a company is liable for a death caused by the wrongful act, neglect or carelessness of its agent or employee (Civil Practice and Remedies Code 71.002(b)). In a truck case that can include the driver, the motor carrier, the company that loaded the trailer, a maintenance contractor, or the owner of the trailer. Each may have its own insurer. Finding all of them is a large part of the work, and it is work several of our attorneys used to see from the insurance side.
How a Texas truck trial works
Since 2021, Texas has had special rules for trials of truck cases (Civil Practice and Remedies Code chapter 72, subchapter B). On a defendant’s request, the trial is split into two phases: compensatory damages first and exemplary damages second (72.052). Evidence that a safety regulation was broken comes into the first phase only if it tends to prove that the breach caused the death (72.053). If the company admits the driver was its employee acting within the scope of the job, some ordinary-negligence claims against the company may be limited in the first phase (72.054).
These rules shape how a truck case is prepared from the very start: which evidence matters, and when it can be used. We explain them to the family in plain words before any decision is made.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Exemplary damages
Where a death was caused by a wilful act or omission or by gross negligence, the spouse, children and parents may also seek exemplary damages (71.009). They must be proved by clear and convincing evidence, and a jury must agree unanimously (41.003). Exemplary damages are capped by statute (41.008).
Deadlines and courts
The general deadline for a wrongful death suit in Texas is two years from the date of death (CPRC 16.003(b)). A truck case may be filed in the Dallas County civil district courts at the George L. Allen, Sr. Courts Building, 600 Commerce Street, or, where the law allows, in the U.S. District Court for the Northern District of Texas in Dallas. Our page on the Texas wrongful death statute of limitations explains the deadlines in more detail.
If a question here is about your own family, you can talk it through with us. There is no cost and no pressure.
Talking with us
The consultation is free and private. No Fees or Costs Unless We Win. The firm advances case costs, and your family owes no attorney’s fee and no case costs unless money is recovered. If the crash also involved passenger cars, our page on fatal car accidents in Dallas covers insurance and fault rules for ordinary drivers.
What we do in the first weeks
- Send the carrier a written demand to preserve its electronic logs, driver file, maintenance records and vehicle data.
- Get the CR-3 crash report and the investigating agency’s file.
- Identify the motor carrier, the trailer owner, the shipper and any maintenance contractor, and their insurers.
- Find witnesses and any video from nearby businesses before it is recorded over.
- Explain each step to the family in plain words, and make no decision without you.
Because several of our attorneys used to work for insurers, we know the questions a trucking company’s insurer is likely to raise, and we gather the facts that answer them early.
More than one policy may cover the same truck and the same crash: the motor carrier’s, the trailer owner’s, sometimes the shipper’s, and your own family’s auto policy. Finding each one early matters, because each insurer will look after its own interests first, and each will want its own records and statements. We gather what each one needs once, so your family is not asked the same painful questions again and again.
Responsible attorney for this page: Michael Uvalle, LAWBOSS – Harris, Nelsen & Uvalle, PLLC, primary practice location Dallas, Texas. This page is general information, not legal advice.
Questions families ask
How quickly do truck records disappear?
Federal rules require carriers to keep drivers’ duty records and supporting documents for at least six months (49 CFR 395.8(k)). After that they may be lawfully discarded, which is why a preservation demand is sent early.
Can we bring a claim against the trucking company, not only the driver?
Often, yes. A company is responsible for the wrongful acts of its employees and agents (71.002(b)), and it can also be responsible for its own failures, such as poor maintenance or hiring an unqualified driver.
The truck driver was from another state. Does that matter?
It can affect which court hears the case. Some truck cases are heard in the U.S. District Court for the Northern District of Texas in Dallas. We explain the options.
What if the crash report says the truck driver was not at fault?
The report is a starting point. Logs, maintenance records, vehicle data and video can show a fuller picture, and they are part of what we gather.
Talk with us when you are ready. There is no cost to talk.