By Jonathan Herrera, J.D., Herrera PLLC

A truck accident claim rarely resolves the way people expect. Two people with similar injuries from similar crashes can end up with very different settlement outcomes, and the reason often comes down to factors that have little to do with how serious the collision looked at the scene. Commercial trucking claims involve their own set of rules, records, and insurance dynamics that shape what a case may ultimately be worth. This overview explains, in general terms, how settlement value is typically evaluated in a Texas trucking case.

Types of Damages Available Under Texas Law

Texas law generally allows an injured person to pursue:

• Economic damages: medical expenses, lost income, and property damage
• Non-economic damages: pain and suffering, disfigurement, and mental anguish, depending on the facts of the case
• Punitive damages: available only in limited circumstances involving gross negligence, under Texas Civil Practice and Remedies Code Chapter 41

Having spent over a decade evaluating claims from the insurance carrier’s side before becoming an attorney, Jonathan Herrera has firsthand insight into how these categories of damages are documented, valued, and often disputed by insurers during a claim.

How Insurance Companies Calculate Settlement Value

Insurance adjusters typically rely on internal formulas, medical records, wage documentation, and their own accident reconstruction to arrive at an initial settlement figure. These calculations can weigh the type and permanence of an injury, the completeness of medical treatment records, and how clearly liability appears to be established. Adjusters may also factor in internal reserve amounts set early in the claims process. Because Jonathan Herrera previously worked as a licensed adjuster managing high-exposure casualty claims, he is familiar with how these internal evaluations are typically structured and where they can undervalue a legitimate claim.

Factors That Can Increase or Decrease a Settlement

Several factors can meaningfully affect settlement value in a trucking case, including:

• The severity and permanence of the injury, including whether future medical care is likely
• How clearly liability can be established through the police report, witness accounts, or the truck’s electronic logging device (ELD) data
• Whether multiple parties, such as the trucking company, a cargo loader, or a maintenance contractor, may share responsibility
• Evidence of hours-of-service violations or other Federal Motor Carrier Safety Administration (FMCSA) regulatory issues
• The completeness and timeliness of medical and wage documentation
• The injured person’s own assigned percentage of fault

Texas’s Modified Comparative Negligence Rule

Under Texas Civil Practice and Remedies Code Chapter 33, Texas follows a modified comparative negligence rule: an injured person can generally still recover damages as long as they are not found more than 50 percent responsible for the accident, though any recovery is reduced by the percentage of fault assigned to them. Insurance companies frequently cite comparative fault as a reason for reducing an initial settlement offer, which is one reason a careful review of how fault is being allocated can matter to the overall value of a claim.

How Long Do You Have to File a Truck Accident Claim in Texas?

Under Texas Civil Practice and Remedies Code § 16.003, most personal injury claims in Texas including truck accident claims are generally subject to a two-year statute of limitations from the date of the accident. There are exceptions that can shorten or otherwise affect this timeline, such as claims involving a government entity, which typically require written notice within six months. Because these deadlines can be affected by case-specific facts, it’s worth confirming the applicable timeline with an attorney early rather than assuming the general rule applies without exception.

Why Trucking Accident Settlements Differ From Car Accident Settlements

Commercial trucking companies operating in interstate commerce are subject to federal minimum financial responsibility requirements under FMCSA regulations (49 CFR § 387.9), which generally require substantially higher liability insurance coverage than what individual drivers typically carry. A serious trucking accident often involves more than one potentially responsible party, including the driver, the trucking company, a cargo loading company, or a maintenance contractor. These cases can also involve federal recordkeeping requirements — such as hours-of-service logs and driver qualification files under FMCSA regulations — that do not apply to standard car accidents.

For background on how these cases are typically investigated, see this overview of truck accident claims. Fatal trucking accidents can also raise distinct legal considerations; see the firm’s wrongful death page for more on that process. Insurance coverage disputes involving multiple carriers can also arise, an area covered in more detail on the firm’s insurance law page.

If you’re weighing your options after a trucking accident, a free, confidential consultation can help clarify where your claim stands before any deadlines become a concern.

Frequently Asked Questions

What types of damages can be included in a Texas truck accident settlement?

Depending on the facts, a settlement may account for medical expenses, lost income, property damage, and non-economic damages such as pain and suffering. Punitive damages may be available in limited cases involving gross negligence.

How do insurance companies calculate the value of a truck accident claim?

Adjusters typically use internal formulas along with medical records, wage documentation, and accident reconstruction to evaluate a claim. The clarity of liability and the completeness of the injured person’s records can significantly influence the initial offer.

How does Texas’s comparative negligence rule affect settlement amounts?

Under Texas Civil Practice and Remedies Code Chapter 33, a person found partly at fault can generally still recover damages as long as they are not more than 50 percent responsible, though the recovery is reduced by their assigned percentage of fault.

Do I need a lawyer to negotiate a truck accident settlement?

It depends on the complexity of the case, the severity of the injuries, and how clearly liability is established. Not every situation requires an attorney, but given the number of parties and records often involved in a trucking claim, a free consultation can help clarify whether legal representation would add value in your specific case.

What factors can delay or reduce a truck accident settlement?

Incomplete medical documentation, disputes over liability, missing or lost electronic logging device data, and disagreements over the injured person’s percentage of fault can all affect the timeline and value of a settlement.