How Does Truck Accident Litigation Work in Texas?

If you call most law firms looking for a breakdown of the litigation process, they’ll most likely tell you something like “Trust us, we know what we’re doing.” At Grossman Law, though, we believe that’s just not good enough. That’s especially true in high-stakes legal situations like truck accidents, so our attorneys gladly walk our clients through the process every time they ask: “How does truck accident litigation work in Texas?”

Answer: Truck accident litigation is the term for everything that happens in your case after you file a lawsuit. That includes pre-trial discovery (e.g. subpoenas, interrogatories, and depositions), pre-trial motions (e.g. motion for summary judgement), mediation, and ultimately, trial.

In this article, we’ll talk about the steps of litigation from beginning to end, what techniques an experienced lawyer will use during those steps, and why knowing what to expect matters to truck accident victims.

Litigation Step by Step

Truck accident lawsuits in Texas don’t move forward in one giant leap—they unfold step by step. From the moment your attorney files the first legal document to the back-and-forth battles over evidence and, in some cases, settlement negotiations, each phase of litigation has a specific purpose. To give you a clear picture of what to expect, let’s walk through these stages one at a time.

Pre-Trial and Discovery

Truck accident litigation begins when your lawyer files a Plaintiff’s Original Petition (the case should always begin with a thorough investigation, but that’s a different topic). The petition lays out the basics: what happened, who you’re suing, why you believe they’re at fault, and the evidence you have. Whatever your petition may contain, the trucking company’s lawyers will inevitably respond with a Defendant’s Answer, which is their denial of your claims and a demand for proof.

Up next is the discovery phase, where both sides exchange information and take sworn testimony from involved parties. Discovery has a few distinct parts, all of which are necessary to help both sides build their cases:

• Early on, attorneys for the plaintiff and defense will exchange interrogatories. Those are lists of questions about vital details: witness names, claim and defense outlines, relevant documents, and so on. The lists are traded back and forth, and the answers both sides get often shape the rest of discovery by pointing out what needs clarification. Since the answers can potentially be damaging to one side or the other’s case, attorneys sometimes have to file motions to compel—requests for court orders forcing the recipient to produce relevant information.
• After interrogatories, the process moves into the bulk of discovery. This is where both sides learn more about each other’s claims and defenses by exchanging evidence. For truck accident cases, that often involves company records like training manuals, maintenance logs, and hiring practices—much of which the company might try to withhold as “proprietary information” unless compelled to provide it. Attorneys also take depositions from the truck driver, supervisors, safety directors, eyewitnesses, experts, and anyone else who might help connect the dots of what happened and who may be responsible.
• Somewhere during these proceedings, it’s likely that the defense will file a Motion for Summary Judgment that asks the judge to simply throw your case out. The basic argument is that the case is meritless and it’s a waste of the court’s resources to entertain it. This gambit rarely works, but “MSJs” are simple for the defense to file and can end a case right then and there, if your attorney isn’t prepared.

Sometimes discovery finds damaging information, like drivers with multiple DUIs or a company culture that willfully ignores safety concerns. When that happens, defendants often push for settlement to avoid going in front of a jury. Other times, if they feel confident, the case moves forward. Either way, this opening phase often determines whether the case will end with a negotiated payout or head toward trial—though there’s usually another stop on the way.

Mediation

Texas courts often require mediation before a case can go to trial. Think of it as bringing in a neutral referee to help both sides work through their differences. The idea behind is simple: if the parties can reach an agreement without the time and expense of court proceedings, everyone benefits.

The mediator reviews the case details on their own first, then the plaintiff, the defendant, and their lawyers meet and begin the process. After introductions, the two sides go to separate rooms while the mediator moves back and forth, carrying offers, counteroffers, and suggestions. This may take some time if the parties can’t come to an agreement, but sometimes that actually makes the process end quickly. If there’s no chance of a deal, the mediator will declare an “impasse” and negotiations will cease. Ideally the back-and-forth will lead to a settlement that ends the litigation right then and there, but if not the case will head to the final phase: Trial.

Trial

If mediation doesn’t resolve the case, the next step is trial. Once a jury is selected, attorneys for each side present opening statements, call and cross-examine witnesses, and introduce various pieces of evidence, all to convince the jury that their story is the closest to the truth. After closing arguments, the jury deliberates privately and then delivers a verdict in favor of one party or the other. Once that decision is read, the case is effectively over.

It’s actually pretty rare for a truck accident case to reach trial; in fact, fewer than 5% of those lawsuits actually see the inside of a courtroom. However, some insurance companies push every case to trial as a tactic, hoping to drive up costs for victims and discourage lawsuits. That defense strategy can be effective against law firms that aren’t equipped for the long haul, so it’s best to have an attorney that will help you see your case through to the end.

How Long Does Litigation Take?

Little as we like saying it, litigation is rarely quick. The timeline generally depends on factors like how quickly evidence can be gathered, the court’s schedule, whether mediation succeeded, and how aggressively the defense fights back. Trucking companies and their insurers have a lot to lose if they’re found liable for an accident, so they tend to dig in their heels and fight for as long as they can.

While many cases settle before trial, each step takes time and delays are common. If everything goes right for your case and things move along rapidly, you might have a resolution within 12 months of when you start. The average truck accident lawsuit has a least a few pitfalls and setbacks, so a more typical timeframe is 18-24 months. For accidents of exceptional complexity or where the defense has strong reasons to drag its feet (usually the prospect of a large payout upon losing), a case can take two years or more to resolve.

Those may seem like long intervals to anyone hoping their truck accident case would wrap up in a few weeks, but that’s why setting realistic expectations is important. Clients often hope for quick results, but rushing can backfire if critical evidence is missed or settlement pressure leads to accepting less than the case is worth.

Understanding that litigation is a marathon, not a sprint, helps you stay patient and focused on the bigger picture. An experienced attorney should prepare you for the likely timeline from the start, keep you updated as the case moves forward, and make sure you know what to expect at each stage. If they’re doing their job right, you should be firmly in the loop and something should always be happening with the case.

Explaining Litigation Is Just One of the Things That Makes Grossman Law Offices Different

Hopefully this article has shed some light on the litigation process after a Texas truck accident. Each phase has its own rules, deadlines, and challenges, and the overall process is highly formal and often full of legal language and maneuvers that may overwhelm the unprepared. With that in mind, it isn’t asking too much of the people who know about those rules and challenges, i.e. law firms, to share what they know to prepare people for the battles ahead—or even just to educate a curious caller.

The Texas truck accident attorneys at Grossman Law Offices are glad to share what they know about personal injury and wrongful death litigation with anyone who needs guidance, so they never feel left in the dark. At the end of the day, it is your case, and we’re just here to help you with its legal complexities. If you were injured in a commercial vehicle accident and have questions about what comes next, contact Grossman Law today for a free and confidential consultation. Our attorneys are available any time.