Truck Accident Lawsuit Mistakes to Avoid

You’re still shaking hours after a loaded semi rear-ended you on IH-35 near downtown San Antonio. A man in a company vest hands you his card and asks if you’ll answer a few quick questions for his recorder. That request feels routine, but it is often the first mistake a truck accident victim makes without realizing it.

Recorded Statement to the Carrier’s Investigator

The person who shows up at the scene, or calls you within hours, usually works for the trucking company’s insurer, not for you. Recorded statements requested this early are designed to lock in details before you know the full scope of your injuries.

A truck accident claim moves differently than an ordinary car accident claim from this first contact. Trucking companies keep investigators on standby because federal regulations and company liability are both at stake.

This step rarely comes up after an ordinary car accident, since most drivers do not have a company investigator ready to respond. That difference is why a commercial trucking claim requires extra caution from the first phone call.

What to do instead: Politely decline the recorded statement until you have spoken with an attorney.

Truck Repaired or Scrapped Before Inspection

The truck, trailer, and cargo involved in your crash are evidence, not just damaged property waiting to be repaired or scrapped. Many commercial trucks contain electronic systems that can record crash data.

Federal rules under 49 CFR Part 563 apply to event data recorders in lighter vehicles rather than commercial trucks. However, similar event data recorder information may be stored in a commercial truck’s electronic systems. If the truck is repaired or scrapped before an inspection, that data could be lost.

More than one party may share fault, including the driver, trucking company, or maintenance contractor. Determining who is liable for a truck accident may depend on evidence recovered directly from the vehicle.

What to do instead: Put the request in writing and ask that the vehicle be preserved and independently inspected before any repair or release. A truck accident attorney can send that request within days of the crash.

Black Box & ELD Data Deadlines

Electronic logging device records and black box crash data are not the same thing, and both disappear on tight deadlines. Confusing the two, or waiting too long to act, can mean losing evidence before your case even begins.

Electronic Logging Device (ELD) & Duty Status Records

Federal law requires motor carriers to keep a driver’s records of duty status for six months. Carriers must also keep a backup copy of electronic logging device data for six months.

Six months sounds like plenty of time, but that clock starts on the day of your crash. The FMCSA’s ELD fact sheet explains how these devices record a driver’s hours and duty status.

Event Data Recorder (Black Box) Data

Event data recorder information may be overwritten much sooner than the six month retention period for driver logs. That gap is why a preservation demand needs to go out fast, not after weeks of waiting.

What to do instead: Send a preservation or spoliation letter within days of the crash, not weeks. Once the recorder data is gone, no one can rebuild an accurate picture of what the truck was doing before impact.

Posting on Social Media After a Crash

Carrier-side investigators and defense attorneys routinely search public posts after a commercial truck crash. They are looking for anything that can shrink the value of your claim, so treat every account as visible even when it is set to private.

The same caution that applies after any car accident applies here, only the stakes are higher given the size of a typical trucking claim.

The riskiest posts fall into four categories:

• Details about how the crash happened
• Descriptions of your injuries or recovery
• Photos showing physical activity
• Location check-ins near the crash site or medical appointments

What to do instead: Avoid posting about the crash, your injuries, or your recovery until your claim is resolved.

Settling Before You Know Your Injuries

An early offer from a trucking company’s insurer may arrive before you know the full extent of your injuries. Some injuries, like nerve damage or spinal trauma, do not show clear symptoms for days or weeks after a crash.

Long-term medical needs can significantly affect a claim’s value, which is one reason past case outcomes vary. Accepting an offer too soon may leave future treatment and expenses out of the settlement.

Fatal commercial truck crashes bring their own wrongful death claim considerations and deadlines that differ from injury claims. Families in this situation should understand their options before discussing a settlement.

What to do instead: Wait until your doctors understand the extent of your injuries and likely future treatment before evaluating an offer. Understanding how liability gets determined in a multi-party trucking crash often changes what a fair number looks like.

Work with an Accident Attorney

Avoiding these mistakes protects your claim, but you do not have to sort through a commercial trucking case alone. Angel Reyes & Associates has more than 30 years of experience representing injured Texans, with more than $1 billion recovered for clients.

We work on a contingency fee, so there is no fee unless we win, and every initial consultation is free. Our team serves clients across the entire state of Texas. No matter where your crash happened, we can review your case and help you avoid mistakes that could cost you later. Contact us today for a free consultation.

Past results do not guarantee future outcomes.