What to Do After a Truck Accident in Texas | Legal Guide

Immediate Steps to Take After a Truck Accident

The first few moments after a truck accident are critical. Your actions right now will directly impact your ability to recover fair compensation later.

Call 911 and Seek Medical Attention

Never hesitate to call 911, even if you feel okay at first. Truck accident injuries sometimes don’t show symptoms immediately—internal bleeding, spinal injuries, and traumatic brain injuries can develop over hours or days. Getting medical attention immediately does two important things: it protects your health and creates an official medical record of your injuries.

The police report and medical records are your foundation for a successful claim. Insurance companies and judges rely on these documents to understand the severity of what happened. If you delay medical care, insurers will claim your injuries weren’t serious. Don’t give them that argument.

Move to a Safe Location (If Possible)

If your vehicle is still in traffic and it’s safe to move it, do so. Turn on your hazard lights and move to the shoulder or a nearby parking lot. Staying in traffic puts you and others at additional risk of being hit again.

If you’re seriously injured or the vehicles are blocking traffic, stay inside your vehicle with your seatbelt on and doors locked. Wait for emergency responders to arrive. Don’t stand in the roadway near the accident scene.

Report the Accident to Law Enforcement

You must report the accident to police. Texas law requires police reports for any accident involving injury or significant property damage. The officer will document the scene, take statements, and create an official report that becomes critical evidence later.

Be honest with the officer about what happened, but don’t admit fault or speculate. Simply describe the sequence of events as you remember them. Say things like, “The truck was traveling in my lane” instead of “It was my fault” or “The truck driver wasn’t paying attention.”

Gather Evidence at the Scene

While you’re waiting for help or after emergency responders have secured the scene, gather as much evidence as possible. This evidence will be used to prove what happened and who was responsible.

Take Photos and Videos

Photograph everything from multiple angles. Get clear shots of:

• Damage to both vehicles – Show the point of impact and the extent of damage
• Road conditions – Capture wet pavement, debris, potholes, or skid marks
• Visible injuries – If you have visible cuts, bruises, or broken bones, document them
• The truck company’s logo and information – Get the company name, DOT number, and license plate clearly visible
• Traffic signs and signals – Show what the traffic lights were displaying if relevant
• Skid marks – These indicate how fast the truck was traveling and whether the driver tried to brake

Video is especially valuable because it shows movement, road conditions, and the overall scene in context. Use your phone’s video feature to record a 30-second to 1-minute overview of the accident scene.

Collect Driver and Witness Information

Get the truck driver’s full name, phone number, address, and driver’s license number. Ask for their trucking company name, the company’s main office address, and their supervisor’s contact information. Get the commercial driver’s license number and any additional identification the driver provides.

Request names and phone numbers from any witnesses. Ask them what they saw and, if possible, have them write down their account on the spot.

Witnesses are often hard to track down later, and their memories fade quickly. Ask if anyone caught video footage on their phone or dashcam.

Note Key Details About the Truck

Write down the truck’s DOT number (usually on the door), company name, license plate, and trailer number if visible.

Note the truck’s condition—were lights working? Did the truck appear to have mechanical problems? Was the trailer riding low (suggesting overloading)? These details can point to maintenance failures or improper loading.

Take note of the weather, time of day, and traffic conditions. Note whether the truck had multiple trailers (doubles) or was pulling a tanker. These details help experts reconstruct what happened.

Avoid Common Mistakes After a Truck Accident

Many accident victims unintentionally hurt their own cases in the hours and days after an accident. Don’t be one of them.

Do Not Admit Fault

Never apologize for the accident, accept responsibility, or say “I should have seen the truck.” Even casual statements like “I’m sorry” can be used against you later as an admission of fault. Let the police investigation and the evidence determine who was responsible.

Don’t give statements like “I wasn’t paying attention” or “I cut over too quickly.” If the insurance company or the other driver’s lawyer asks you questions, simply say: “I’m not comfortable discussing this without my attorney present.”

Avoid Speaking to Insurance Adjusters Alone

Insurance adjusters for the trucking company are not your friends. Their job is to minimize what the company pays. They may call you days after the accident acting friendly and concerned. Don’t be fooled.

You have no obligation to speak with them without your attorney present. If an adjuster calls, say: “I’m working with an attorney on this matter. Please direct all communication to my lawyer.” This protects you from saying something that could be twisted against your claim.

Our attorneys can handle all communication with insurance companies from the start. We never let our clients face these conversations alone.

Do Not Delay Medical Treatment

Don’t skip or postpone doctor visits because you’re trying to save money or you think you’re okay. Gaps in medical treatment are red flags to insurance companies. They’ll argue that your injuries weren’t serious if you waited days or weeks to see a doctor.

Continue with all recommended medical treatment, including physical therapy and follow-up appointments. Keep detailed records of every medical visit, prescription, and treatment. These records prove the ongoing impact of your injuries.

Understand Why Truck Accidents Are More Complex

A truck accident is fundamentally different from a car accident in ways that matter to your claim.

Multiple Liable Parties

In a car accident, usually one driver caused the crash. In a truck accident, liability often extends to several parties. The truck driver might have been speeding, but the trucking company might not have trained the driver properly.

The truck’s brakes might have failed because the company skipped maintenance. The cargo might have been loaded incorrectly by a third-party logistics company.

Each liable party may have insurance, and those insurance companies might point fingers at each other. Our attorneys understand how to identify all liable parties and hold each one accountable.

Federal and State Regulations

Truck drivers and trucking companies must follow federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These regulations cover driver hours of service, vehicle maintenance, cargo loading, and safety equipment.

Texas state law also applies. Violations of these regulations can prove negligence directly. For example, if the truck driver exceeded hours-of-service limits, that’s automatic evidence of negligence. We know how to investigate these violations and use them to strengthen your claim.

Severe Injuries and Higher Damages

Truck accidents cause disproportionately severe injuries. The average commercial truck weighs 80,000 pounds—a regular passenger car weighs about 4,000 pounds. That 20-to-1 weight difference creates catastrophic force.

Higher injury severity means higher damages. Your claim might include not only medical bills but also long-term rehabilitation, lost wages, loss of earning capacity, and pain and suffering. Calculating these damages correctly requires experience with serious injury cases.

How a Truck Accident Lawyer Can Help

Many people wonder whether hiring a lawyer is worth it. The answer is almost always yes in truck accident cases. Here’s what we handle that you can’t do alone:

Investigation. We send investigators to the scene, interview witnesses, and preserve evidence. We obtain records from the trucking company including maintenance logs, driver training files, and safety records.

Black box data. Modern trucks have electronic control modules (black boxes) that record vehicle speed, braking, acceleration, and other crucial data. These devices typically store 30 days of continuous information. Insurance companies often try to keep this data from accident victims. We know how to demand and obtain it.

Insurance negotiations. We’ve handled hundreds of conversations with insurance adjusters and defense attorneys. We know their tactics and how to counter them. We calculate fair compensation based on your injuries, lost wages, medical bills, and pain and suffering.

Lawsuit preparation. If insurance negotiations fail, we’re prepared to file suit and take your case to trial. We’ve taken over 500 cases to trial. We know how to present your case to a jury effectively.

What Happens After You File a Truck Accident Claim in Texas

Understanding the process helps reduce stress and sets realistic expectations.

Investigation Phase

Once we take your case, our investigation begins immediately. We gather police reports, medical records, and witness statements. We request records from the trucking company including maintenance schedules, driver qualifications, safety records, and any prior complaints or accidents involving that driver or company.

We also examine the truck itself if possible. Our investigators may photograph damage patterns, check equipment condition, and look for maintenance failures. We retain accident reconstruction experts who analyze the physics of the crash, vehicle damage, skid marks, and road conditions to determine what actually happened.

This phase typically lasts 2-6 months, depending on complexity. We keep you informed every step of the way.

Negotiation With Insurance Companies

Once investigation is complete, we send a detailed demand letter to the insurance company outlining the accident, injuries, damages, and liability evidence. We request a specific compensation amount based on your injuries and financial losses.

Insurance companies almost always respond with a lower counteroffer. This is where experienced negotiation is critical. We go back and forth, presenting additional evidence and explaining why our demand is reasonable. Many cases settle during this phase without going to court.

Negotiations typically take 2-12 months, though some settle faster and some take longer.

Settlement or Lawsuit

If we and the insurance company reach an agreement, we negotiate final settlement terms. Once you sign settlement paperwork and the check clears, your case is resolved.

If we can’t reach a fair settlement, we file a lawsuit and prepare for trial. Discovery begins—both sides exchange documents, depositions are taken, and experts prepare testimony. Trial preparation typically takes 6-18 months before trial. When trial begins, we present your case to a jury and argue for full compensation.

Texas Laws That May Affect Your Case

Texas has specific laws that directly impact your truck accident claim.

Modified Comparative Fault Rule

Texas uses a modified comparative negligence system, sometimes called the “51 percent bar rule.” This means you can recover compensation as long as you’re not more than 50 percent at fault. However, your recovery is reduced by your percentage of fault.

For example, if you’re awarded $100,000 in damages but you’re found to be 20 percent at fault, you recover $80,000. But if you’re found to be 51 percent or more at fault, you recover nothing.

This rule makes it critical to prove that the truck driver or trucking company bears primary responsibility. We focus on evidence that clearly establishes the truck’s liability while minimizing any suggestion that you contributed to the accident.

Statute of Limitations

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is enforced strictly—miss it and you lose your right to sue, regardless of how strong your case is.

This doesn’t mean you should wait. Evidence deteriorates over time, and people forget details. We recommend taking action immediately after an accident. The sooner we investigate, the better evidence we can gather.

Contact a Texas Truck Accident Lawyer as Soon as Possible

Evidence disappears quickly after truck accidents. The trucking company’s investigation team moves fast—within hours or days, they’re collecting evidence, documenting the scene, and preserving (or sometimes destroying) data.

Black box data from the truck can be overwritten, driver logs can be altered, and maintenance records can be selectively retrieved.

Trucking companies immediately begin building their defense. They hire their own accident reconstructionists and investigators. They coach the driver on what to say. They prepare aggressive strategies to minimize liability.

Our attorneys move just as fast. When you call us, we immediately:

• Preserve critical evidence before it disappears
• Send preservation letters to the trucking company and insurers
• Obtain black box data from the truck
• Collect driver logs and maintenance records
• Interview witnesses while their memories are fresh
• Retain accident reconstruction experts if needed

Contact our Texas truck accident lawyer today for a free consultation.

Call (325) 480-8100 or visit our contact page. We work on a contingency basis—you don’t pay us unless we win your case.

Frequently Asked Questions

What should I do immediately after a truck accident in Texas?

Call 911, seek medical attention, move to a safe location if possible, report to police, take photos, and collect driver and witness information. Most importantly, don’t admit fault or speak to insurance adjusters without an attorney present.

Who is liable in a truck accident?

The truck driver might be liable for negligent driving. The trucking company might be liable for negligent hiring, poor training, or failure to maintain the vehicle. Cargo loaders, truck manufacturers, or other third parties might also share liability. A Texas truck accident lawyer can identify all responsible parties.

How much is a truck accident claim worth?

Truck accident settlements and verdicts vary widely based on injury severity, lost wages, medical expenses, and pain and suffering. Some cases are worth tens of thousands; others are worth millions. We evaluate your specific injuries, economic losses, and impact on your future to calculate fair compensation.

How long do I have to file a claim in Texas?

You typically have two years from the accident date to file a personal injury lawsuit in Texas. However, you should contact an attorney much sooner to preserve evidence and begin investigation immediately.