If a truck crash claim does not settle, it becomes a lawsuit in a Harris County civil court. From there, a judge's docket control order sets the deadlines that drive everything: discovery, expert designations, mediation, and trial. Most cases resolve before trial, but the schedule shapes what the case is worth long before that.

Most articles about truck accidents stop at "call a lawyer." This one covers what happens after that, because the mechanics are not secret and knowing them makes you a better client.

Harris County saw 6,313 crashes involving a commercial truck or bus in 2024. That included 41 fatal crashes and 98 that left someone seriously hurt, per TxDOT crash records. Across Texas, these crashes killed 608 people that year.

Which court will hear your truck accident case?

It depends on how much you are seeking.

Harris County civil district courts handle the larger cases. Serious truck injury and death cases almost always land here.

Harris County civil courts at law handle smaller claims. The ceiling is set by Texas Government Code Section 25.0003(c), and the Legislature keeps raising it. It went from $100,000 to $200,000, then to $250,000 in 2019, and House Bill 16 in 2025 raised it again to $325,000. Check the current figure rather than relying on an older article. Serious truck injury cases usually clear the limit anyway, which is why they end up in district court.

Both follow the Texas Rules of Civil Procedure. Both also add local rules on top. Local rules cover things like how a motion gets set for a hearing, and what a judge expects before trial. They differ by court, and they matter.

A case can also land in federal court. That usually happens when the trucking company is based in another state and the amount at stake is high enough. Federal court runs on its own schedule and its own rules.

How is a lawsuit filed?

Lawyers file online through eFileTexas.gov. E-filing is mandatory for attorneys in Texas civil cases, and the Harris County District Clerk does not accept paper filings from them. Individual courts say the same thing in their own procedures: documents that are not e-filed do not become part of the record.

The petition is the document that starts the case. It names who is being sued, says what happened, and says what you are asking for. A truck case usually names several companies, not just the driver. That can include the trucking company, a broker, a shipper, the crew that loaded the cargo, or a repair shop.

Getting that list right early matters more in truck cases than in car cases. The company at fault is often one that never touched the steering wheel.

What is a docket control order?

It is the schedule that runs your case. The judge issues it after the lawsuit is filed. The standard form used by the Harris County civil district courts sets dates for:

• Joinder, the deadline to add and serve all parties
• The close of written discovery and depositions
• Expert witness designations, parties seeking relief first, then everyone else
• Alternative dispute resolution, including a deadline to agree on a mediator or object
• Dispositive motions
• A status conference, and the trial setting

Two things surprise people. First, these dates are real. The standard order says plainly that incomplete discovery will not delay the trial. Second, the trial date drives what the case is worth. An insurer looks at a case very differently at ninety days out than at nine months out.

What happens during discovery in a truck case?

Discovery is where truck cases split off from car cases. A car crash gives you a police report and some photos. A truck gives you a paper trail.

What a truck case typically pursues:

• Driver qualification file, including hiring records and prior violations
• Hours of service logs and electronic logging device data
• Vehicle inspection, repair, and maintenance records
• Engine control module and event data recorder downloads
• Dashcam and fleet telematics data
• Dispatch records, bills of lading, and cargo weight tickets
• The carrier's own safety policies and training materials
• Post-crash drug and alcohol testing records

Companies are only required to keep some of these records for a set time. Some data gets overwritten in weeks. That is why a truck case usually starts with a letter demanding that the company preserve everything. It goes out as early as possible, often before any lawsuit is filed.

Why are trucking cases governed by different rules?

Trucking companies that cross state lines answer to the Federal Motor Carrier Safety Administration. Those rules cover who can drive, how long they can drive, how trucks are maintained, how cargo is secured, and drug and alcohol testing.

That matters for two reasons.

Broken rules are evidence. A safety violation can support your case in a way that has no equal in a car crash claim.

The company can be at fault itself. A trucking company is responsible for its driver. It can also be at fault for its own choices: hiring a bad driver, keeping one, failing to supervise, or skipping maintenance. Those are separate claims, and they can reach insurance that a claim against the driver alone cannot.

Texas adds its own truck safety rules through the Department of Public Safety, which adopts much of the federal framework for intrastate carriers. Companies that only drive inside Texas are not exempt.

How does comparative fault work?

Under Texas Civil Practice and Remedies Code Section 33.001, Texas uses modified comparative fault with a 51 percent bar. If you are found more than 50 percent responsible, you recover nothing. At 50 percent or less, your award is reduced by your percentage.

In truck cases, the defense routinely points at other people. Another driver. A road contractor. The truck maker. Sometimes the agency that maintains the road. Every one of those is an attempt to move blame off the defendant and onto someone else, including you.

That is why the fight over fault starts on day one, not at trial. The evidence that settles it is black box data, scene measurements, and camera footage. All of it is gathered in the first few weeks.

What is the deadline to file?

Generally two years from the date of the crash for personal injury and wrongful death claims, under Section 16.003.

Two traps specific to Houston cases:

Government defendants. Under the Texas Tort Claims Act, a city, county, or state agency must get notice of a claim within six months. That same law lets cities set a shorter deadline in their charter, and Houston has one. Under Article IX, Section 11 of the City of Houston charter, you must give the mayor and city council written, verified notice within 90 days. The notice has to say when, where, and how the injury happened, how bad it is, the amount claimed, and the names of your witnesses. Miss it and the charter says the city is off the hook entirely.

Wrongful death. The two-year clock usually starts on the date of death. That is not always the date of the crash.

Missing a notice deadline can kill a strong claim. It is the most common way a good case dies before it starts.

Will my case go to mediation?

Almost certainly. Harris County judges routinely order mediation before trial, and most docket control orders set a mediation deadline.

Mediation is a settlement talk run by a neutral outsider. It is not binding, and nobody can make you take an offer. In practice:

• It usually happens after discovery, so both sides know the case
• Sessions often run most of a day
• Each side sits in its own room and the mediator goes back and forth
• Many truck cases settle at mediation or soon after

Going to mediation is not a sign of weakness. It is the normal path.

How long does a Harris County truck case take?

Longer than most people expect. The honest answer is that it varies a lot.

Four things set the pace: how bad the injuries are, whether fault is disputed, how many companies are involved, and how busy the court is. A case with clear fault and six months of treatment moves fast. A case with a fault fight, a life-changing injury, and four defendants does not.

One thing is worth knowing. Settling before your treatment ends is usually a mistake. Once you sign a release, the case is closed, even if you need surgery a year later. Sometimes the wait means the case is working.

What should you expect from your lawyer?

Concretely, in a truck case:

• Preservation letters sent right away, before records cycle out
• Their own early investigation, not just the police report
• A full list of the companies that may be at fault, not just the driver
• Medical coordination, so your treatment is documented and not just received
• Regular updates as the court deadlines come up

The Law Office of Domingo Garcia has handled Texas truck cases since 1989 and files them in Harris County courts. Cases are handled in English and Spanish. Medical care is coordinated in house. Fees are contingent, so nothing is owed up front.

Common questions

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