What to Do Immediately After a Truck Accident in Texas
A crash with an 18-wheeler on I-35 or the LBJ Freeway can turn your life upside down in seconds. The steps you take right after that impact matter a lot. Your actions could make the difference between a strong case and a denied claim.
After moving to a safe spot and calling 911, always accept medical attention. Some injuries—like internal bleeding or spinal trauma—don’t show symptoms right away. Try to stay calm while documenting everything you can: photos of vehicle damage, license plates, and any nearby traffic signs or hazards.
Understanding Liability and Fault in Texas Truck Accidents
Commercial truck crashes often involve more than one party at fault. Texas law follows a modified comparative fault system—you can only recover compensation if you’re less than 51% responsible for the crash. And whatever percentage of fault is assigned to you will reduce your total recovery.
This makes fault determination a strategic battleground. A distracted or speeding truck driver might be obviously negligent—but so might the company that overworked them or failed to maintain their brakes.
Truck accident liability may also extend to parts manufacturers or third-party freight loaders. For example, if poorly secured cargo shifts during a turn and causes a rollover, the loading crew could share the blame. Identifying all possible responsible parties is key to maximizing your compensation.
Preserving Evidence After a Truck Accident
In truck accident cases, critical evidence can disappear within days—or even hours. Surveillance footage is often overwritten. Black box data may be wiped during repairs. That’s why your attorney should send a spoliation letter immediately to prevent tampering or deletion.
That letter forces the trucking company to preserve:
- Event data recorder (black box) output
- Driver’s hours-of-service logs
- Maintenance and inspection records
- Employment and training files
- GPS and dispatch data
Other evidence like witness statements, road debris, or skid marks can fade quickly. Acting fast to capture this information can significantly strengthen your claim.
Quick Tip: Businesses near the crash scene may have surveillance footage. Your legal team can request it before it’s auto-deleted.
Filing the Insurance Claim: What You Need to Know
Filing a truck accident claim isn’t as simple as calling your insurance agent. Commercial vehicle collisions involve complex layers of coverage. The driver, trucking company, cargo hauler, and even third-party logistics providers might all carry separate insurance policies.
Once you complete medical treatment or reach maximum medical improvement (MMI), your truck accident attorney will draft a demand letter outlining your damages and the compensation you’re seeking. This kicks off negotiations. The first offer you get is almost never fair—it’s designed to minimize the insurer’s cost, not to cover what you’ve endured.
Be cautious throughout the process. Insurance reps may ask for “just a quick statement” or urge you to sign forms without proper explanation. These tactics often aim to undermine your case or reduce your payout.
Types of Compensation in a Truck Accident Claim
Truck accidents tend to cause devastating injuries, so the stakes in these claims are high. Compensation may cover your medical bills, lost wages, vehicle repairs, and non-economic losses like pain, trauma, or permanent disability.
In cases of gross negligence, such as a company knowingly sending an unqualified driver on the road, you may also pursue punitive damages, meant to punish extreme misconduct and deter future violations.
How much your case is worth depends on several things: the severity of your injuries, whether you’ll recover fully, how fault is divided, and how much insurance coverage is available.
When a Truck Accident Claim Goes to Trial
Most truck accident claims settle out of court, but sometimes a trial is unavoidable. That could happen if the truck insurance company refuses to offer a reasonable settlement or if there’s a serious disagreement about who was at fault.
Filing a personal injury lawsuit opens the discovery phase, when both sides exchange evidence and take depositions. This is where having solid documentation and expert witnesses can shift the case in your favor. If no agreement is reached, your case proceeds to trial before a judge and jury.
Texas juries often take truck crash cases seriously, especially when negligence is clear. That said, trial can take months, and appeals are possible. Your legal team will guide you through every step and advise whether a settlement or a trial is the better option for your situation.
How a Texas Truck Accident Attorney Can Help
Truck accident claims are nothing like fender benders. They’re more aggressive, more technical, and often more combative. Insurance companies bring in legal teams quickly—so should you.
When you work with Angel Reyes & Associates, we handle every piece of the process. That starts with launching a rapid investigation to secure critical evidence and identify all liable parties. We take over communications with the insurer, compile your damages, and negotiate with your best interests front and center.
If trial becomes necessary, we prepare to take your case to court with expert witnesses, accident reconstructionists, and seasoned litigators ready to fight for the compensation you need.
FAQs About Texas Truck Accident Claims
What steps should I take immediately after a truck accident in Texas?
Call 911, get checked by medical professionals, and take photos of the scene. Avoid talking to the other party’s insurance before consulting an attorney.
How is fault determined?
Investigators analyze police reports, black box data, maintenance records, and sometimes hire reconstruction experts to determine who caused the crash.
What types of compensation are available?
You may receive money for medical bills, lost income, emotional suffering, vehicle damage, and—if the conduct was egregious—punitive damages.
How long do I have to file?
In most Texas cases, you have two years from the date of the crash to file a lawsuit.
Why is preserving evidence so important?
Truck companies may destroy or lose crucial data within days. The sooner your attorney sends a preservation letter, the stronger your case becomes.
Call Us – We’re Here When You Need Real Help
After a truck crash, it’s normal to feel overwhelmed—especially when you’re juggling doctor visits, missed paychecks, and calls from insurance adjusters who don’t have your best interests at heart.
At Angel Reyes & Associates, we step in so you don’t have to face this alone. For more than 30 years, we’ve helped Texans just like you take back control after devastating accidents.
Whether you’re recovering in a Dallas hospital or trying to get your family’s life back on track in Fort Worth, our team is ready to listen, explain your options, and fight for what you deserve.
Call us now or reach out online for a free case review. There’s no cost to speak with us—and no fee unless we win your case. Let us carry the legal burden while you focus on healing.
