Texas Damage Caps: Do They Apply to Truck Accident Claims?

If you’ve been injured in a crash involving an 18-wheeler, you’re probably asking the most important question: How much compensation can I recover? A common concern is whether Texas law limits (“caps”) what you can recover—especially in serious truck accident claims where medical bills, lost wages, and long-term disability can be life-changing.

So let’s get straight to it: In most Texas truck accident cases, damage caps do NOT apply. But there are some important exceptions.

Below, the team at Bandas Law breaks down Texas damage caps, when they apply, when they don’t, and what this means for your Texas truck accident settlement.

What Are “Damage Caps” in Texas?

A damage cap is a legal limit on how much money an injured person can recover in a lawsuit—usually applying to specific categories of damages.

In a typical Texas truck accident lawsuit, compensation may include:

• Medical expenses (ER care, surgery, rehab, medication)

• Lost wages

• Loss of earning capacity

• Property damage

• Pain and suffering

• Mental anguish

• Physical impairment

• Disfigurement

• Wrongful death damages (in fatal truck crashes)

Texas generally does not cap most of these damages in standard personal injury cases, including truck accident cases.

Do Damage Caps Apply to Texas Truck Accident Claims?

The short answer: Usually, no.

Most truck accident claims in Texas are filed against private trucking companies, commercial insurance carriers, and corporate defendants—not government entities or medical providers. In these cases:

✅ There is no general cap on damages for pain and suffering
✅ There is no general cap on economic damages like medical bills and lost income
✅ There is no general cap on wrongful death damages in typical trucking cases

That’s why 18-wheeler accident cases often have higher settlement values than standard car accidents—injuries are more severe, and damages can be extensive.

When Texas Damage Caps Can Apply in Truck Accident Cases

Even though caps usually don’t apply, there are a few scenarios where they might.

1) Claims Against Government Entities (Texas Tort Claims Act)

If a truck accident involves a government-owned vehicle or a government employee (for example, a city truck, county vehicle, or state agency truck), your claim may fall under the Texas Tort Claims Act (TTCA).

In those cases, Texas limits the amount you can recover.

Damage caps under the TTCA often depend on the type of government entity involved (state vs local). These cases also involve strict deadlines and notice requirements.

Example situations:

• A crash involving a city-owned dump truck

• A collision with a county road maintenance truck

• An accident involving a state-owned commercial vehicle

If you suspect this applies, don’t wait—these cases can be lost quickly due to procedural rules.

2) Punitive (Exemplary) Damages Are Capped

In certain truck accident cases, the court may allow punitive damages (also called exemplary damages) if the trucking company or driver acted with gross negligence or extreme misconduct.

Examples might include:

• Driving under the influence

• Knowingly violating hours-of-service rules

• Repeated safety violations

• Reckless driving in a commercial vehicle

Texas does allow punitive damages—but Texas law limits how much punitive damages you can recover, even in severe 18-wheeler crashes.

That said: punitive damages are not available in every case. They require strong evidence and aggressive litigation strategy.

3) Medical Malpractice (Rare, But Possible)

This isn’t common, but it can happen: after a truck crash, a victim may be harmed by negligent medical treatment.

Texas has damage caps in medical malpractice claims (particularly non-economic damages). This wouldn’t cap your truck accident claim itself, but it could cap damages tied to malpractice.

What About “Insurance Policy Limits”? (Not the Same as Damage Caps)

A lot of people confuse damage caps with insurance limits.

These are NOT the same.

• Damage caps = legal limits imposed by Texas law

• Policy limits = the maximum an insurance company must pay under a policy

In a truck accident, insurance limits are a huge factor because trucking companies may carry:

• Commercial auto insurance

• Umbrella policies

• Excess coverage

Also, multiple parties may be liable, including:

• The truck driver

• The trucking company

• A freight broker

• A cargo loading company

• A truck maintenance contractor

• A manufacturer (defective brakes, tires, etc.)

This is why working with an experienced Texas truck accident lawyer matters. Bandas Law investigates every potential source of insurance coverage to maximize your recovery.

Why Truck Accident Claims Can Be Worth More in Texas

Even without damage caps, the value of a claim depends on proof.

Truck accident cases often involve:

• Catastrophic injuries

• Long-term disability

• High medical costs

• Permanent impairment

• Significant pain and suffering

• Loss of future income

The right legal team can increase case value by preserving key evidence early, such as:

• Driver logs and ELD data

• Black box data

• Dispatch communications

• Maintenance and inspection records

• Drug/alcohol testing records

• Dash cam footage

• Witness statements

Trucking companies move fast after a crash. So should you.

How Bandas Law Helps Texas Truck Accident Victims

At Bandas Law, we know trucking companies and insurers don’t play fair. They often try to:

• Shift blame to the injured victim

• Minimize injuries

• Push lowball settlements

• Stall until evidence disappears

Our job is to stop that.

If you’re dealing with a serious crash, a strong Texas truck accident attorney can help you pursue full compensation—without being limited by misconceptions about damage caps.

Talk to a Texas Truck Accident Lawyer Today

So, do Texas damage caps apply to truck accident claims? In most cases, no, but exceptions exist, and trucking companies will use any confusion to their advantage.

If you or a loved one was hurt in an 18-wheeler accident in Texas, don’t guess. Get answers from a legal team that handles these cases every day.

Contact Bandas Law today to discuss your rights and explore your legal options.