The Permian Basin in West Texas and Southeast New Mexico sees heavy truck traffic hauling water, sand, pipe and equipment. Many crashes happen on private lease roads that are not maintained by Texas Department of Transportation. Texas law treats these crashes differently because liability may extend beyond the truck driver to the lease operator or oil company that controls the road.
Texas Transportation Code applies to public roads. Private lease roads are governed by property law and the terms of the surface use agreement between the mineral owner and surface owner. If an oil company controls the road and fails to maintain it, it may have premises liability under Texas Civil Practice Chapter 95. Photograph the road name, company signs, and any lack of signage or dust control.
FMCSA §395.1(d) provides an oilfield exemption allowing drivers to be on duty for longer periods when waiting at a well site, but driving time remains limited to 11 hours. Texas Department of Public Safety audits show logbook violations remain common in oilfield operations. ELD data and water or sand tickets showing load times are important evidence.
Texas Labor Code Chapter 406 allows an injured worker receiving workers compensation to also sue a third party whose negligence caused the injury. Example: if you work for a service company and are hit by a water hauler from another company, you may have both a workers comp claim and a third-party claim against the hauler. This is distinct from suing your own employer, which is generally barred by workers comp exclusivity in Texas.
Possibly, if the oil company owned or controlled the road and failed to maintain it or warn of hazards. Texas premises liability requires proof the owner knew or should have known of the dangerous condition. Evidence includes prior complaints, maintenance logs, and company safety policies.
Preserve the TXDOT CR-3, company incident report, DOT number, lease road name, oil company signage, ELD data, water/sand tickets, and dashcam if available. Texas courts allow sanctions for destroying evidence after a preservation request.
Related: Texas Truck Accident Overview · Construction Accidents in Texas · Chemical Exposure in Texas Plants
We link directly to primary sources so you can verify Texas law. Last verified May 2026. Laws change - consult a licensed Texas attorney for advice about your situation.