When you drive a commercial truck for a living, you are on the road for hours at a time under enormous pressure — tight delivery schedules, fatigued conditions, and heavy loads that can turn any road hazard into a catastrophic crash. If you were injured while operating a company truck or were hurt by another trucker on the job, you may be facing mounting medical bills, lost wages, and a future that feels deeply uncertain. You deserve to know your full legal options before accepting any settlement or signing anything from an insurer.
Texas is a non-subscription state for workers' compensation, which means your employer may have opted out of the state workers' comp system entirely. If they did, you have the right to file a direct negligence claim against them in civil court — and you can recover damages for pain and suffering, loss of earning capacity, and more that workers' comp would never cover. Even if your employer does carry workers' comp, a third party — such as another driver, a cargo loader, a truck manufacturer, or a road maintenance contractor — may be separately liable for your injuries.
Edward T. Garza has spent more than 50 years fighting for injured workers in San Antonio and throughout Texas. The Garza Law Firm will investigate every angle of your trucking accident claim: federal FMCSA log violations, vehicle maintenance failures, employer negligence, and third-party liability. We do not charge any fee unless we recover for you.
Key Facts About Workplace Trucking Accidents in Texas
According to the Bureau of Labor Statistics (BLS), truck drivers experience one of the highest rates of occupational injury and illness of any profession in the United States, with tens of thousands injured annually.
The Federal Motor Carrier Safety Administration (FMCSA) mandates strict hours-of-service rules limiting driving time. When employers pressure drivers to falsify logs or exceed limits, those violations are direct evidence of negligence.
Texas is one of only a few states where private employers can legally opt out of workers' compensation insurance. Opted-out employers lose the right to assert contributory negligence as a defense, making negligence claims stronger for injured workers.
Under Texas Labor Code §406.033, a non-subscribing employer cannot claim that an injured employee assumed the risk, was contributorily negligent, or was injured by a fellow employee — greatly expanding recovery options.
The FMCSA reports that brake failures, tire problems, and cargo securement violations are among the most common vehicle-related factors in fatal large-truck crashes, meaning mechanical negligence is often a recoverable cause of injury.
Common Questions About Workplace Trucking Accidents
My employer has workers' comp. Does that mean I can't sue?
Workers' comp covers your medical bills and a portion of lost wages, but it bars a direct lawsuit against your employer in most cases. However, it does not prevent you from suing a third party — such as another driver, a cargo company, a truck manufacturer, or a maintenance contractor — whose negligence contributed to your injury. These third-party claims can recover the full range of damages, including pain and suffering.
What if my employer doesn't carry workers' comp?
If your Texas employer opted out of workers' comp, you can file a direct negligence lawsuit against them in civil court. Texas law strips opted-out employers of their most powerful defenses, making it significantly easier to win. You may recover medical expenses, lost wages, future earning capacity, pain and suffering, and more.
Can I be fired for filing a workers' comp or injury claim?
Retaliating against an employee for filing a workers' comp claim is illegal under the Texas Labor Code. If you are discharged or discriminated against for pursuing a claim, you may have a separate cause of action for wrongful termination. Document any adverse employment action immediately and contact our office.
What is the statute of limitations for a trucking accident injury in Texas?
Texas generally allows two years from the date of injury to file a personal injury lawsuit. For workers' comp claims, you must report the injury to your employer within 30 days and file a claim with the Texas Division of Workers' Compensation (DWC) within one year. Missing these deadlines can extinguish your rights entirely — act quickly.
You Don't Have to Figure This Out Alone
When you hire The Garza Law Firm, we guide you through every step of the legal process so you can focus on what matters most — your recovery.
Free Case Evaluation
We review the full details of your trucking accident at no cost: the circumstances of the crash, your employer's workers' comp status, and any third parties who may share liability.
Evidence Preservation
We move immediately to preserve critical evidence: FMCSA electronic logging device (ELD) data, maintenance records, cargo manifests, dashcam footage, and the truck's black-box event data recorder before it is overwritten or destroyed.
Liability Investigation
Our team analyzes employer negligence, FMCSA regulatory violations, vehicle defects, road conditions, and third-party conduct to build a comprehensive picture of all responsible parties.
Medical and Economic Documentation
We work with your treating physicians and, where needed, independent medical experts and vocational economists to document the full extent of your injuries and your long-term financial losses.
Demand and Negotiation
We prepare a thorough demand package and negotiate aggressively with all liable insurers and employers. Mr. Garza's 50+ years of courtroom credibility routinely drives settlements that reflect the full value of a case.
Litigation if Necessary
If a fair settlement cannot be reached, we file suit and take your case to trial. We are not a settlement mill — we prepare every case as if it will go before a jury.
Ready to Discuss Your Case?
Contact The Garza Law Firm today for a free, no-obligation consultation. There is no fee unless we win.
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