When you’re hurt on the job, in a crash, or in a building, the party who caused your injury is often not the one you’d expect. It may be a trucking company, a contractor, an elevator maintenance company, or a product manufacturer. In Texas, a third-party lawsuit lets you pursue compensation from an outside party whose negligence caused your harm, even when you also have a workers’ compensation claim of your own.
At Rochelle McCullough PLLC, we represent injured people across the Dallas-Fort Worth area in trucking, workplace, elevator and escalator, and car accident cases. Here is how third-party claims work in Texas.
What Is a Third-Party Lawsuit?
A third-party lawsuit is a civil claim against a person or company outside your employment relationship whose negligence or wrongdoing contributed to your injury. In practice, it means looking beyond the obvious defendant and identifying everyone who may share responsibility. That matters because the more responsible parties there are, the more insurance coverage and resources may be available to pay your damages.
Common Third-Party Claims We Handle
- Trucking accidents. A serious commercial truck crash can involve more than the driver. Depending on the facts, responsible parties may include the trucking company, a freight broker, the shipper or loader who improperly secured cargo, a maintenance contractor, or a parts manufacturer. Trucking companies must follow federal safety regulations, and violations can be critical evidence.
- Workplace injuries. Many Texas employers carry workers’ compensation, but coverage is optional for most private employers in Texas. If your employer is a subscriber, workers’ comp generally bars you from suing them, but it does not stop you from suing a negligent third party, such as a subcontractor on a shared job site, an equipment manufacturer, or a property owner. If your employer is a non-subscriber, different rules apply and you may have a direct claim against them.
- Elevator and escalator accidents. These injuries often involve sudden drops, misleveling, entrapment, or sudden stops and starts. Potential defendants include the building owner or manager, the maintenance and inspection company, and the equipment manufacturer. These cases frequently turn on maintenance records and inspection history, so acting quickly to preserve evidence matters.
- Car accidents. Beyond the at-fault driver, a third-party claim may reach an employer whose driver was working at the time, a rideshare company, or a vehicle or parts manufacturer if a defect played a role.
Third-Party Claims and Workers’ Compensation
Workers’ comp pays medical bills and a portion of lost wages regardless of fault, but it does not compensate for pain and suffering or full lost earning capacity. A third-party lawsuit can pursue those additional damages from the party who caused the injury. The workers’ comp carrier may have a right to be reimbursed from part of your third-party recovery, so how the case is structured and settled affects what you actually take home.
The Texas Statute of Limitations
Most Texas personal injury lawsuits must be filed within two years of the injury. Waiting can also hurt your case in practical ways: surveillance video gets overwritten, trucking logs and electronic data are lost, and maintenance records disappear. If you’ve been injured, talk to an attorney as early as you can.
How Fault Works in Texas
Texas uses a modified comparative fault system. You can recover compensation if you are 50% or less at fault, but your award is reduced by your percentage of responsibility. At 51% or more, you recover nothing.
Defendants often try to shift blame by designating a “responsible third party” (someone they claim contributed to the injury) or by bringing another party into the case. These tactics can shrink your recovery if they go unchallenged, which is why a thorough early investigation is so important.
Damages You May Be Able to Recover
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Physical impairment and disfigurement
- Mental anguish
- In wrongful death cases, funeral expenses and loss of companionship
Why Choose Rochelle McCullough PLLC?
Third-party cases are rarely simple. They can involve several insurers, corporate defendants, federal regulations, and competing claims over who is to blame. Our team investigates the cause of your injury, identifies every potentially liable party, preserves critical evidence, and negotiates firmly with insurers, and we are prepared to take your case to trial. We handle personal injury cases on a contingency fee basis, which means you owe no attorney’s fees unless we recover compensation for you.
Injured in Dallas, Fort Worth, or anywhere in the DFW area? Contact Rochelle McCullough PLLC at 214-953-0182 for a FREE consultation.
Frequently Asked Questions
What is a third-party lawsuit in Texas?
It’s a legal claim against a person or company outside your own employer or insurer whose negligence caused your injury.
Can I file a third-party lawsuit if I’m receiving workers’ compensation benefits?
Often, yes. If someone other than your employer contributed to your injury, you may be able to pursue them for damages that workers’ comp doesn’t cover. The workers’ comp carrier may have a right to reimbursement from your recovery.
Who can be held responsible in a trucking accident?
Possible defendants include the driver, the trucking company, a freight broker, a cargo loader or shipper, and maintenance or parts companies, depending on what caused the crash.
Who is liable for an elevator or escalator injury?
Liability may rest with the building owner or manager, the company responsible for maintenance and inspections, or the manufacturer if a defect was involved.
How long do I have to file a personal injury lawsuit in Texas?
Generally two years from the date of injury, though exceptions can apply. Contact an attorney as soon as possible.
What if I was partly at fault?
You can still recover as long as you are not more than 50% at fault. Your compensation is reduced by your percentage of fault.
How much does it cost to hire Rochelle McCullough PLLC?
We work on a contingency fee basis, so you pay no attorney’s fees unless we recover compensation for you.