How much does a truck accident lawyer cost? In Texas, most truck accident lawyers charge nothing up front and take a contingency fee, usually 33 percent of the recovery if the case settles before a lawsuit is filed and up to 40 percent if it goes to trial. You pay no attorney fee at all if the case does not recover money.
This guide from The Burkett Law Firm walks through how contingency fees work in 18-wheeler cases, who pays for experts and evidence, how costs come out of a settlement, and why an early consultation protects your claim. Our Texas truck accident lawyers handle commercial vehicle cases on this model.
Key Takeaways
- Nearly all Texas truck accident lawyers work on a contingency fee, meaning the fee is a percentage of the money recovered, and you owe nothing if there is no recovery.
- Typical contingency percentages range from about 33 percent for a pre-suit settlement to 40 percent if the case goes to trial, though every firm sets its own terms.
- Texas Disciplinary Rule of Professional Conduct 1.04(d) requires every contingent fee agreement to be in writing and to spell out how expenses are handled.
- Law firms usually advance case costs such as accident reconstruction, electronic control module downloads, and expert depositions and repay them from the settlement.
- Under Civil Practice and Remedies Code 16.003, you generally have two years from the crash date to file suit, but trucking evidence can disappear in weeks.
- A consultation with a truck accident attorney is free, so cost is never a reason to wait.
How Much Does a Truck Accident Lawyer Cost in Texas?
The cost of a truck accident lawyer in Texas is almost always a percentage of what the lawyer recovers for you, not an hourly rate or a flat fee. Across the state, the common range is one-third (33 percent) of the recovery when the case settles before a lawsuit is filed, rising to around 40 percent if the case is filed and goes to trial. Some agreements use a middle step, such as 35 percent, once suit is filed but before trial.
The percentage reflects the work and risk involved. A trucking case that resolves after a demand letter takes far fewer hours than one that requires depositions of the driver, the safety director, and several experts, plus a jury trial in district court. Our page on the firm’s no-win, no-fee promise explains how it works at The Burkett Law Firm.
Why there is no up-front cost
Under a contingency agreement, the firm invests its own time and money in your case and is paid only if it wins. You don’t write a check to hire the lawyer, you don’t receive monthly bills, and you don’t owe an attorney fee if the case doesn’t recover money. This structure lets a family facing hospital bills and lost income after a crash with a commercial truck hire counsel of the same quality as the trucking company and its insurer.
What Is a Contingency Fee in Truck Accident Cases?
A contingency fee is an attorney fee that depends on the outcome. The lawyer agrees to a set percentage of any settlement or verdict as the fee. If there is no settlement or verdict, there is no fee. The arrangement is explained in detail on our page about what a contingency fee is.
Texas regulates these agreements. Rule 1.04(d) of the Texas Disciplinary Rules of Professional Conduct requires that a contingent fee agreement be in writing and state the method by which the fee is determined. If the percentage changes depending on whether the case settles, goes to trial, or is appealed, the agreement must list each percentage. It must also identify the litigation and other expenses that will be deducted from the recovery and state whether those expenses are taken out before or after the fee is calculated.
What a written fee agreement should include
- The exact percentage at each stage: pre-suit settlement, after suit is filed, after trial begins,s and on appeal.
- A list of the kinds of case expenses the firm will advance.
- Whether expenses are deducted before or after the percentage is applied.
- What happens to expenses if the case does not recover money.
- How the firm will handle medical bills, liens, and subrogation claims from the settlement.
If a firm will not put these terms in writing, that is a signal to look elsewhere. You are entitled to read and keep a copy of the agreement before you sign.
Who Pays the Case Costs in an 18-Wheeler Case?
Case costs are separate from attorney fees, and in truck cases, they can be substantial. A commercial vehicle crash often requires an accident reconstruction expert, a download and analysis of the truck’s electronic control module (the so-called black box), a trucking safety expert to review the carrier’s hiring and maintenance records, medical experts to explain the injuries, and sometimes an economist to calculate lost future earnings. Expert depositions alone can cost thousands of dollars each. On a serious 18-wheeler case, total costs often run into the tens of thousands of dollars.
Most Texas firms, including The Burkett Law Firm, advance these costs so the client does not pay anything while the case is pending. The firm is then reimbursed from the settlement or verdict. Your fee agreement should say exactly how that works, and you should ask what happens to advanced costs if the case is lost. Many firms absorb those costs in that situation, but the agreement controls, so read it.
Typical cost categories in a truck case
- Crash scene investigation, photographs, drone mapping and vehicle inspections.
- Electronic control module and electronic logging device downloads and expert interpretation.
- Accident reconstruction, human factors and trucking industry experts.
- Medical records, billing records and treating physician testimony.
- Court filing fees, deposition transcripts and videographers.
- Mediation fees and trial exhibits.
How Are Fees and Costs Deducted From a Settlement?
When a truck case settles, the money goes into the law firm’s trust account, and the firm prepares a settlement statement showing every deduction. The attorney fee percentage is applied, case costs are repaid, and any medical liens or health insurance subrogation claims are resolved. The remaining balance is paid to you.
An illustration with round numbers
This example is an illustration only and is not a case result. Suppose a case settles before a lawsuit is filed for $300,000, the agreement sets a 33 percent pre-suit fee, the firm advanced $15,000 in costs, and the hospital lien is negotiated down to $30,000.
- Attorney fee: 33 percent of $300,000 is $99,000.
- Case costs repaid to the firm: $15,000.
- Hospital lien paid: $30,000.
- Net to the client: $300,000 minus $99,000, $15,000, and $30,000, which equals $156,000.
Whether the fee is calculated before or after costs makes a real difference, so Rule 1.04(d) requires the agreement to state it. A good lawyer also works to reduce liens and medical balances, which raises the client’s net without changing the fee. For a sense of what drives case value in the first place, see our post on how much a truck accident case is worth in Texas.
When Should You Consult a Lawyer for a Truck Accident?
As soon as you are medically able, and ideally within days of the crash. Trucking cases differ from ordinary car accidents because the most important evidence is held by the trucking company. The carrier controls driver logs, electronic logging device data, dispatch records, inspection reports, drug and alcohol test results, and the truck’s own electronic data. Some of that data is overwritten within weeks in the normal course of business.
A truck accident attorney sends a spoliation letter (a preservation demand) to the carrier and its insurer, putting them on notice to preserve this evidence. Once the company receives that letter, destroying or losing the evidence can expose it to serious consequences in court. This is one of the clearest reasons to consult early, and the consultation itself costs nothing.
The Texas filing deadline
Under Civil Practice and Remedies Code Section 16.003, you must file a personal injury lawsuit within two years after the cause of action accrues, which is normally the date of the crash. A wrongful death claim must be filed within two years of the death. Two years sounds like a long time, but the investigation, expert work, and negotiation in a trucking case take months, so the clock matters.
How Do Attorneys Handle Fees for Construction Truck Accident Claims?
Attorneys handle crashes involving dump trucks, cement mixers, flatbeds, and other construction vehicles on the same contingency model as highway 18-wheeler cases. The fee is a percentage of the recovery, the firm advances costs, and the client pays nothing up front. What changes is the list of potentially responsible parties, which can include the truck’s owner, the contractor, a subcontractor, the company that loaded the vehicle, and the driver’s employer.
More defendants mean more insurance policies and often a larger total recovery, but they also mean more depositions and more expert work. Your fee agreement should cover these cases the same way it covers any other commercial vehicle claim. If a construction truck was involved in a work-zone crash, tell your attorney right away, because contractor and site safety records need to be preserved just like trucking company records.
Can You Afford a Truck Accident Lawyer?
Yes. This is the question behind most searches about lawyer cost, so it deserves a direct answer. Under a contingency agreement, you don’t have to pay anything up front. The firm advances costs, the fee comes only out of a recovery, and if there is no recovery, there is no attorney fee. The real question is whether you can afford not to have a lawyer when a trucking company’s insurer and its defense attorneys are already working on the claim.
Trucking insurers typically assign adjusters within hours of a serious crash. Their job is to limit what the carrier pays. A lawyer evens the field, and the Corpus Christi truck accident lawyers at The Burkett Law Firm handle these cases for clients across Texas on a contingency basis.
Common Fee Questions Our Attorneys Hear From Truck Crash Clients
The Burkett Law Firm speaks with injured drivers and families every week, and the same cost concerns come up again and again. Here is how we address them.
- “I cannot afford to pay a lawyer while I am out of work.” You do not pay anything during the case. The fee comes from the recovery, and the firm advances costs.
- “Will the lawyer take most of my settlement?” The fee percentage is fixed in writing before the case starts and doesn’t increase if the case turns out well. The settlement statement shows every dollar.
- “What if I lose?” Under a contingency agreement, you pay no attorney fee unless you recover. Ask how advanced costs are handled so there are no surprises.
- “Is it worth hiring a lawyer if the insurer already offered money?” Early offers in truck cases rarely reflect future medical care, lost earning capacity, or the carrier’s full liability exposure. Have the offer reviewed before you sign anything.
- “Can I switch lawyers if I am unhappy?” Yes. The original firm may claim a share of the fee for its work, but that is resolved between the lawyers and does not increase the total percentage you pay.
How to prepare for a free consultation
Bring the crash report number, photos, the names of any witnesses, your insurance information, and every medical bill and record you have received. If the insurer has contacted you, bring any letters or offers. Do not give a recorded statement to the trucking company’s insurer before you have talked with an attorney.
Frequently Asked Questions
Do I pay anything up front to hire a truck accident lawyer in Texas?
No. Texas truck accident lawyers almost always work on a contingency fee, so there is no retainer, no hourly billing,g and no up-front payment. The fee is a percentage of the money recovered, and the firm advances the case costs while the case is pending.
What percentage does a truck accident lawyer take?
Most Texas contingency agreements set the fee at about 33 percent of the recovery for a settlement reached before a lawsuit is filed and up to 40 percent if the case goes to trial. Rule 1.04(d) of the Texas Disciplinary Rules of Professional Conduct requires the agreement to be in writing and to list each applicable percentage.
What happens to case costs if we do not win?
Under a contingency agreement, you owe no attorney fee if you don’t recover. How costs are handled depends on your written agreement, and many firms absorb them when a case is lost. Ask about this before you sign so you understand the terms.
How long do I have to file a truck accident lawsuit in Texas?
Civil Practice and Remedies Code 16.003 gives you two years from the date of the crash to file a personal injury lawsuit, and two years from the date of death for a wrongful death claim. The trucking company can overwrite evidence much sooner, so contacting a lawyer early matters more than the two-year limit suggests.
Is a truck accident lawyer worth the cost?
For most serious truck crashes, yes. Trucking cases involve federal safety regulations, multiple responsible parties, large insurance policies, and evidence controlled by the carrier. An experienced attorney can preserve that evidence, identify every liable party,y and negotiate medical liens, which often increases the client’s net recovery even after the fee.
Talk to The Burkett Law Firm About Your Truck Accident Claim
Understanding how much a truck accident lawyer costs should make the decision easier, not harder. Under a contingency agreement, you pay nothing up front; the firm advances the costs of building your case, and you pay a fee only from the money recovered. We set every term in writing before the work begins.
The Burkett Law Firm represents truck crash victims across Texas from its office at 538 S Tancahua St in Corpus Christi. Learn more about how our truck accident attorneys handle commercial vehicle cases, then contact us for a free consultation or call (361) 882-8822. There is no fee to ask, and the sooner we hear from you, the sooner we can act to preserve the evidence.
