Truck accidents in Texas can be dangerous and life-altering. Unlike a typical car crash, collisions involving 18-wheelers or other commercial vehicles often result in severe injuries, significant property damage, and complex insurance claims that can drag on for months. If you or a loved one has been involved in a truck accident, knowing the right steps to take immediately can protect your health, your legal rights, and your financial future.
At Guzman Law Firm, we help crash victims navigate these challenging situations, helping make sure they understand their options and can pursue the compensation they deserve. Contact us today at (956) 516-7198, and we will walk you through what to do after a truck accident in Texas.
Step-by-step truck accident protocol:
1. Ensure safety and call 911
Immediately move to a safe location, if possible, without leaving the scene of the accident. Truck accidents can involve large debris, hazardous materials, or unstable vehicles, so prioritizing safety is essential. Call 911 to report the accident. Police and emergency responders should be on-site, both to assist injured parties and to create an official record of the incident.
2. Seek medical attention
Even if injuries seem minor, see a medical professional as soon as possible. Some injuries, like internal bleeding, whiplash, or traumatic brain injuries, may not show symptoms immediately. Your health is the top priority, and medical documentation is essential for any future legal or insurance claims.
3. Document the scene
If you’re physically able to do so, use your phone or camera to take photos of:
- Vehicle damage, including both the truck and your car
- Skid marks or debris on the road
- Traffic signs or signals
- Injuries sustained
- Any relevant weather or road conditions
If possible, write down what happened while it’s fresh in your memory. Include details like the truck driver’s speed, lane changes, or any mechanical issues you noticed.
4. Exchange information
Obtain the truck driver’s name, contact information, insurance details, and company information if the truck is commercial. Also, collect contact information from any witnesses. For commercial trucks, note the trucking company’s name, DOT number, and license plate. This information is critical when filing claims or pursuing legal action.
5. Report the accident
You must report the crash to the police and your insurance company. For commercial trucks, federal regulations require certain accidents to be reported to the Department of Transportation if they involve injuries, fatalities, or significant property damage. Accurate reporting helps establish liability and protects you from being unfairly blamed.
6. Preserve evidence
Keep all medical records, repair bills, and accident-related receipts. Avoid posting details about the accident on social media, as insurance adjusters or opposing parties could use this information against you.
Who is liable for a truck accident in Texas?
In Texas, truck accidents are typically handled under an “at-fault” system. This means the driver responsible for causing the accident may be liable for damages. Liability can fall on several parties:
- Truck driver: If the driver was negligent, distracted, fatigued, or under the influence, they could be held responsible.
- Trucking company: Companies can be liable if they failed to maintain the vehicle, enforce safety rules, or schedule drivers for excessive hours.
- Vehicle manufacturer: If a mechanical failure caused the crash, a defective truck or part manufacturer could be at fault.
- Other drivers: In some cases, another motorist’s actions could contribute to the accident.
Texas follows a modified comparative negligence system. This means that if you are partially at fault for the accident, your compensation may be reduced proportionally. For example, if you were 20% responsible, your damages award would be reduced by 20%. Understanding Texas at-fault accident laws can be complex, especially in cases involving large commercial trucks, so working with an experienced Texas trucking accident attorney is often essential.
How long after a car accident do you have to file a claim in Texas?
Texas law sets specific deadlines for filing claims:
- Personal injury claims: The statute of limitations on personal injuries is generally two years from the date of the accident, which means you have two years to file a lawsuit for injuries or property damage.
- Property damage claims: Usually, insurance companies require you to file promptly, often within 30 days to a few months, depending on your policy.
It’s important to act quickly because delays can compromise your evidence or weaken your claim.
What should you not say when making an insurance claim?
Insurance adjusters often ask questions designed to minimize payouts. Avoid saying anything that could be interpreted as an admission of fault, such as:
- “I’m sorry, it was my fault.”
- “I wasn’t paying attention for a second.”
- “It’s no big deal; I’m okay.”
- Speculative statements about injuries (“I think it’s just a bruise, probably nothing serious.”)
Stick to factual statements: who, what, when, where, and how. Never sign any settlement or release without consulting an attorney. Insurance companies are legally obligated to act in their own interest, not necessarily yours.
Why hiring a Texas trucking accidents lawyer is crucial
Truck accidents, particularly those involving 18-wheelers or company-owned vehicles, are far more complex than standard car accidents. A Texas trucking accident lawyer can help you:
- Investigate the accident: Gather black box data, driver logs, company records, and witness statements.
- Determine liability: Identify all potentially liable parties, from the truck driver to the company, and navigate Texas’ modified comparative negligence laws.
- Maximize compensation: Seek damages for medical bills, lost wages, pain and suffering, and long-term care if necessary.
- Handle insurance negotiations: Protect you from lowball settlements or bad-faith practices.
Commercial trucks are governed by both state and federal regulations, including the Federal Motor Carrier Safety Administration (FMCSA) rules. These regulations affect driver hours, vehicle maintenance, and cargo handling. An attorney familiar with these laws can ensure no critical detail is overlooked.
Hiring a lawyer early also prevents the other party from pressuring you into statements or settlements that could negatively impact your claim.
Don’t let a truck accident derail your life. Get justice with Guzman Law Firm.
A truck accident can upend your life physically, emotionally, and financially. Knowing what to do after a truck accident can help you recover and hold the responsible parties accountable.
If you or a loved one has been involved in a truck accident in Texas, Guzman Law Firm is ready to help. From navigating insurance claims to pursuing maximum compensation, our team guides you every step of the way. Don’t wait — protect your rights and start the process today.
Contact Guzman Law Firm at (956) 516-7198 to discuss your case and take the first step toward justice after a truck accident.
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