I was hit by a dump truck, cement truck or garbage truck. Who is responsible?

Who can be responsible when a work truck hits you?

Dump trucks, concrete mixers, garbage trucks and other construction vehicles are heavy, stop and start often, back up, and work on residential streets and around job sites. When one causes a crash, more than one party is often responsible:

• The driver, for speeding, following too closely, backing without looking, or turning wide into your lane.
• The company the driver worked for. Texas holds employers responsible for employees acting in the course and scope of the job (Painter v. Amerimex Drilling, Tex. 2018). Many dump trucks are run by small hauling outfits or owner-operators, so finding the actual employer takes work.
• The owner of the truck, when it is different from the operator, depending on the lease and who controlled the truck.
• The contractor or developer who hired the truck, and any broker or dispatcher that arranged the load, depending on what each one controlled.
• Whoever loaded or maintained it: an overfilled bed, an untarped load or bad brakes can point to the quarry, plant, yard or shop.

The 18-wheeler version of this question is answered in who is liable in a truck accident. This page covers what is different about construction and garbage trucks.

Which safety rules apply to a dump truck or mixer?

Federal law treats a vehicle with a weight rating of 10,001 pounds or more used in interstate commerce as a commercial motor vehicle (49 U.S.C. § 31132). For trucks that stay inside Texas, the Department of Public Safety adopts the Federal Motor Carrier Safety Regulations by reference in 37 Texas Administrative Code § 4.11, and applies them to intrastate vehicles over 26,000 pounds. The weight rating is on a plate in the door jamb, and it tells us which rules the company had to follow.

The adopted rules include driver qualification files, drug and alcohol testing, hours-of-service limits, required equipment such as brakes and lights, and inspection and maintenance records (49 CFR parts 382, 391, 393, 395 and 396). When a truck rolls through a stop because its brakes were out of adjustment, or a driver has been working since before dawn, those records are the proof. Fatigue is its own subject: see proving truck driver fatigue.

What if rocks, gravel or debris came off the truck?

Texas Transportation Code chapter 725 is written for this. "Loose material" includes dirt, sand, gravel, refuse and wood chips (§ 725.001). A vehicle hauling it on a public road has to be built and maintained so the load can't escape, and the load has to be covered, with the covering firmly secured at the front and back, unless it is fully enclosed or doesn't blow or spill over the top (§ 725.021). Violating the chapter is a misdemeanor (§ 725.003). The rule doesn't apply to equipment moving between construction barricades on a public works project, or just crossing a highway (§ 725.002).

A rock through a windshield, gravel that makes you swerve, or a load of garbage spilling across a lane can all be traced back to an uncovered or overfilled truck. The hardest part is usually identifying the truck, so if you can safely do it, take a photo of the company name, the truck number and the USDOT number on the door, and the debris.

How much insurance does the truck carry?

A for-hire truck hauling general freight in interstate commerce, with a weight rating of 10,001 pounds or more, has to carry at least $750,000 in liability coverage, and more for some hazardous loads (49 CFR § 387.9). Trucks that work only inside Texas have their own requirements, and many contractors carry additional policies. Part of our job is finding every policy that covers the truck, the company and the project.

What if it was a City of Houston garbage truck?

The City of Houston provides weekly curbside garbage collection for single-family homes, while apartment complexes and businesses use private haulers. A claim over a City truck is a claim against a government, and different rules apply:

• The Tort Claims Act waives the City's immunity for injuries caused by a City employee's negligent operation or use of a motor vehicle, when the employee would be personally liable (Civil Practice and Remedies Code § 101.021).
• Recovery is capped. For a city, the cap is $250,000 per person and $500,000 per occurrence for bodily injury (§ 101.023(c)).
• The deadline is 90 days. The City Charter (art. IX, § 11) requires written notice, sworn before a notary, within 90 days, sent to the City Secretary with a copy to the City Attorney. It has to say when, where and how the injury happened, its extent, the amount claimed and the witnesses. Miss it, and the City can deny the claim.

Who was driving matters too. If a collection truck was run by a private contractor rather than City employees, the claim is against that company instead, without the cap. Suing the wrong defendant first can be an irrevocable choice under § 101.106. We find out, send the notice, and handle the City. For other cities, counties and agencies, the Tort Claims Act allows no more than six months for notice (§ 101.101), and many cities set shorter periods. El Paso's is covered in the El Paso deadline page.

What if it was a private garbage hauler?

A private company's garbage truck, whether it serves apartments, businesses or a suburb under contract, is an ordinary commercial claim. There is no government cap and no 90-day notice; the general two-year deadline applies (§ 16.003). The same safety and load rules apply, since refuse is loose material under chapter 725.

Why speed matters

Hauling companies keep GPS logs, dispatch tickets, load tickets from the quarry or plant, and camera footage, and much of it is overwritten on a schedule. We send a preservation letter early and request the records before they are gone. Once you hire us, we deal with the trucking company, the contractor, the insurers and the City. You get medical care and keep your records. You talk with Jimmy directly, by phone, text, email or video call, and in person when needed, wherever you are in Texas.

Other ways people ask this

Do federal trucking rules apply to a dump truck?

Often. Interstate trucks rated at 10,001 pounds or more are commercial motor vehicles under federal law, and Texas applies the same safety regulations to intrastate trucks over 26,000 pounds (37 TAC § 4.11).

A rock flew off a gravel truck and broke my windshield. Who pays?

Texas requires loads of gravel, sand and dirt to be covered and secured or fully enclosed (Transp. Code § 725.021). If the load escaped, the company hauling it is usually responsible; identifying the truck is the key step.

The truck was working for a construction project. Can the contractor be responsible?

Sometimes. The trucking company is usually responsible for its driver, and a contractor, broker or loader may share responsibility depending on what each controlled. We look at all of them.

How long do I have to claim against the City of Houston?

Sworn written notice must reach the City within 90 days of the injury (Charter art. IX, § 11). We prepare and send it.

Is there a limit on what the City has to pay?

Yes. For a city, the Tort Claims Act caps bodily-injury damages at $250,000 per person and $500,000 per occurrence (CPRC § 101.023(c)).

Is a private garbage truck claim different?

Yes. A private hauler is a commercial company, so there is no government cap or 90-day notice; the two-year statute of limitations applies.

Authority: 37 Tex. Admin. Code § 4.11 (Texas adoption of federal safety rules) · 49 U.S.C. § 31132 (commercial motor vehicle definition) · Tex. Transp. Code ch. 725 (loose materials) · 49 CFR § 387.9 (minimum insurance) · City of Houston Legal Department: How to file a claim · City of Houston Solid Waste: Garbage collection · Tex. Civ. Prac. & Rem. Code ch. 101 (Tort Claims Act)