If you were injured in a truck accident, you have the burden of proof in an accident claim. This means you must provide convincing evidence that the negligence of the other party or parties directly caused the accident and your injuries.
The Burden of Proof in Texas
The injured person carries the burden of proof in a Texas truck accident claim. Most civil cases use a standard called a preponderance of the evidence. This means the claim must be more likely true than not. This is a lower standard than the beyond-a-reasonable-doubt standard used in criminal cases.
A truck driver or company does not have to prove that it acted safely at the start of the case. The injured person must present enough facts to support each part of the claim.
What an Injured Person Must Prove
In Texas, a negligence claim has four main parts. These are duty, breach, causation, and damages.
Duty and Breach
Truck drivers must follow traffic laws and safety rules. Trucking companies must also use reasonable care when hiring drivers, training workers, inspecting trucks, and making repairs. A breach may involve:
- Speeding or following too closely
- Driving while tired or distracted
- Using a phone behind the wheel
- Driving beyond federal hour limits
- Hiring an unqualified driver
- Skipping brake, tire, or light inspections
- Loading or securing cargo unsafely
Causation and Damages
The evidence must connect the breach of duty to the crash. For example, worn brakes may support a claim only if the brake problem contributed to the crash. A traffic ticket may support the case, but it does not settle civil fault on its own. Other evidence may point to a different cause.
The injured person must also prove actual harm. Medical records may show physical injuries and treatment. Bills, pay records, repair estimates, and expert reports may help prove medical costs, lost income, property damage, pain, or future care needs.
Texas Commercial Vehicle Crash Data
According to the Texas Department of Transportation, 38,533 commercial vehicle crashes occurred in 2025. Those wrecks caused 528 deaths and 1,611 suspected serious injuries. Harris County alone had 5,913 crashes, 43 deaths, and 125 suspected serious injuries.
Other major freight areas also had high totals. Dallas County recorded 3,778 commercial vehicle crashes, Bexar County had 2,581, and Tarrant County had 2,183. Midland County had 536 crashes and 11 deaths, and Ector County had 379 crashes and nine deaths.
Evidence Used to Meet the Burden of Proof
Truck cases can involve records that are not generally available after a normal car crash. Important evidence may include:
- Electronic logging device records
- Engine or black box data
- Dash camera and traffic camera video
- Driver hiring and training files
- Drug and alcohol test results
- Inspection and repair records
- Dispatch messages and delivery schedules
- Cargo weight and loading records
- Cellphone records
- Police reports, photos, and witness statements
Federal rules require motor carriers to keep electronic driver duty records and backup data for six months. Other electronic information may also be replaced or lost during normal business operations. Early requests to preserve evidence can keep key records from disappearing. A crash reconstruction expert may also use road marks, vehicle damage, and electronic data to show how the collision occurred.
How Shared Fault Affects the Claim
Texas uses a modified comparative responsibility rule. An injured person may recover damages if they are 50% or less responsible. Their share of fault reduces their award. A person who is more than 50% responsible typically cannot recover damages.
Several parties may share fault, including the driver, trucking company, cargo loader, repair shop, or parts maker. Farah Law can identify those parties and seek the records needed to prove what caused a Texas truck crash.
Sources:
1 https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.2&artSec=
2 https://statutes.capitol.texas.gov/?tab=1&code=TN&chapter=TN.647&artSec=647.009
3 https://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
4 https://www.txdot.gov/content/dam/docs/division/trf/crash-records/2025/2025-cmv-involved-crashes-injuries-county.pdf
5 https://www.fmcsa.dot.gov/hours-service/elds/how-long-must-motor-carrier-retain-electronic-logging-device-eld-record-duty-0
6 https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.33&artSec=33.001
