You’ve just sustained a serious injury. You visited the hospital, racked up sizeable medical bills, and now you’re ready to sue…who?
Serious personal injury cases – particularly those involving commercial trucks, refineries, and industrial workplaces – rarely involve a single mistake by a single person. Modern industrial operations are layered with contractors, subcontractors, vendors, equipment manufacturers, logistics companies, and corporate parent entities. When a catastrophic injury occurs, liability usually extends far beyond the most visible actor.
What Is Third-Party Liability?
Third-party liability refers explicitly to the liability of any party other than whomever is immediately responsible for the accident. In the context of work injuries, third-party claims arise when someone other than your employer or co-worker causes or contributes to your injury.
In Texas:
- Workers’ compensation agreements generally prevent employees from suing their employer for ordinary negligence.
- However, injured workers retain the right to sue negligent third parties.
- These lawsuits are separate from workers’ compensation claims.
The governing framework for fault allocation in Texas is found in Texas Civil Practice & Remedies Code Chapter 33 (Proportionate Responsibility), which allows fault to be assigned among multiple responsible parties.
If a third party is found negligent, they may be liable for full or partial damages depending on their percentage of fault.
Third-Party Liability in Trucking Accidents
Commercial vehicle accidents frequently involve multiple entities beyond the truck driver. This is because liability for commercial vehicles (including delivery vehicles and 18-wheelers) is typically assigned to the contractor or employer of said driver, or other parties. These can include:
Trucking Company
- Negligent hiring or training
- Failure to enforce Hours-of-Service regulations
- Poor maintenance practices
Cargo Loading Companies
- Improperly secured loads
- Overloaded trailers
- Hazardous material misclassification
Vehicle or Parts Manufacturers
- Defective brakes
- Tire blowouts
- Steering system failures
Maintenance Contractors
- Inadequate inspections
- Failure to correct known mechanical issues
Federal regulations from the Federal Motor Carrier Safety Administration (FMCSA) impose strict safety requirements. Violations can serve as evidence of negligence in civil litigation.
Third-Party Liability in Refinery and Industrial Accidents
Refineries, petrochemical plants, and chemical processing facilities operate through complex, layered contractor structures. A single facility may have a site owner, an operating entity, multiple prime contractors, specialty subcontractors, turnaround crews, inspection vendors, and equipment suppliers all working simultaneously.
Common Third-Party Defendants in Refinery Cases
Independent Contractors
Contractors performing maintenance, welding, confined-space entry, hot work, or line-breaking operations may create unsafe conditions through improper lockout/tagout procedures, inadequate gas testing, or failure to follow permit-to-work protocols.
Subcontractors
Specialty crews handling scaffolding, insulation, refractory installation, sandblasting, or instrumentation work may introduce hazards if work is performed without proper hazard analysis or job safety planning.
Equipment Manufacturers
Defective pressure relief valves, heat exchangers, pumps, compressors, flange gaskets, storage tanks, or control systems can fail under normal operating pressures. Design defects, manufacturing flaws, or inadequate warnings may support a product liability claim.
Engineering and EPC Firms
Engineering, Procurement, and Construction (EPC) companies responsible for plant design, retrofits, or process modifications may be liable for improper system design, inadequate hazard and operability studies (HAZOP), or flawed process safety management planning.
Safety Consultants and Inspectors
Third-party auditors hired to conduct OSHA compliance reviews, Process Safety Management (PSM) audits, or risk assessments may bear responsibility if they negligently overlook critical safety deficiencies.
Texas law allows injured workers to sue these third parties even if they receive workers’ compensation benefits. However, when injuries are caused by toxic exposure or explosions, third-party claims often represent the primary avenue for full financial recovery.
Workplace Accidents and Non-Subscriber Employers
Texas is unique in allowing employers to opt out of workers’ compensation coverage. These employers are known as non-subscribers. For many workers in Texas, third-party liability remains the only way to receive compensation in the case of an accident.
If the Employer Carries Workers’ Compensation
- Employee generally cannot sue employer for negligence.
- Employee can sue negligent third parties.
If the Employer Is a Non-Subscriber
- The injured worker may sue the employer directly.
- The employer loses certain common law defenses.
- Third-party claims may still apply if others contributed to the injury.
If a crane collapse occurs due to defective equipment and poor site supervision, multiple third-party defendants may be liable.
How Fault Is Allocated Under Texas Law
Texas follows a modified comparative fault system:
- If a claimant is more than 50% responsible, recovery is barred.
- If 50% or less responsible, damages are reduced proportionally.
Under Chapter 33:
- Juries assign percentages of fault to each responsible party.
- Damages are distributed based on that allocation.
- In some circumstances, joint and several liability may apply.
This framework is especially important in multi-party industrial and trucking cases.
Damages Available in Third-Party Claims
Unlike workers’ compensation benefits (which limit recovery to medical expenses and partial wage replacement), third-party tort claims allow recovery for both economic and non-economic damages:
- Full lost wages and loss of earning capacity
- Medical expenses (past and future)
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- In some cases, punitive damages
For more information on the types of damages available in personal injury cases, read our article here.
Hire a Third-Party Liability Lawyer in Houston, Texas
Third-party liability claims play a central role in serious trucking, refinery, and workplace injury cases. While workers’ compensation may limit claims against employers, Texas law preserves the right to pursue negligent third parties.
The Law Offices of Hilda Sibrian is experienced in working with third-party liability claims for accidents in the Houston area. Our firm works hard to determine the details of each injury. Attorney Hilda Sibrian has served the Houston workforce for over 20 years. Hilda Sibrian serves the Houston metropolitan area, including Sugar Land, Missouri City, La Porte, Beaumont, Pasadena, The Woodlands, The Heights, Bellaire, Kingwood, Baytown and of course Houston proper. Call our office today or fill out our online contact form for a free consultation.
