What to Do After a Truck Accident

What to Do After a Truck Accident

After a collision with a large commercial truck, the most important steps involve protecting your health and preserving your legal rights. The immense size and weight of these vehicles mean that accidents are often devastating, leaving you with serious injuries, mounting medical bills, and unexpected financial burdens.

Taking a few key actions after a truck accident, and consulting an experienced truck accident lawyer, can make a significant difference in your recovery and your ability to seek fair compensation.

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Key Takeaways for What to Do After a Trucking Accident 

• Seek immediate and ongoing medical care to document the full extent of your injuries.
• Understand that truck accident claims involve complex federal regulations and multiple liable parties, unlike typical car accidents.
• Preserve all evidence, such as police reports, photos from the scene, and contact information for witnesses.
• Avoid giving recorded statements or accepting quick settlement offers from the trucking company’s insurance adjuster.
• Texas law imposes a two-year deadline to file a lawsuit, so it is important to consult an attorney to protect your rights.

Why Truck Accidents Are More Complicated Than Car Accidents

You may be wondering why a collision with a semi-truck is treated differently from a standard car crash. The reasons are rooted in the nature of the trucking industry and the catastrophic damage these vehicles can cause. Collisions involving large trucks often result in more severe injuries and involve layers of legal complexity not present in typical traffic accidents.

Multiple Liable Parties

In a car accident, liability is often shared between two drivers. In a truck accident, the net of responsibility can be much wider. Several different people or companies could share the blame, including:

• The Truck Driver: The driver may have been negligent due to fatigue, distraction, or driving under the influence.
• The Trucking Company (Motor Carrier): The company could be liable for negligent hiring practices, poor vehicle maintenance, or encouraging drivers to violate safety rules.
• The Cargo Shipper/Loader: If the truck’s cargo was improperly loaded or secured, it could shift and cause the driver to lose control.
• The Vehicle Manufacturer: A defective part on the truck, such as faulty brakes or tires, could have caused or contributed to the crash.

Identifying every potentially responsible party is a critical and complex part of the investigation.

Complex Federal and State Regulations

The trucking industry is governed by a dense set of safety rules from the Federal Motor Carrier Safety Administration (FMCSA) as well as Texas state laws. These regulations cover everything from how many hours a driver can be on the road without a break (hours-of-service rules) to vehicle inspection requirements and driver qualifications. Proving that a trucking company or driver violated one of these regulations can be powerful evidence of negligence.

Aggressive Insurance Companies and Corporate Lawyers

Trucking companies are large businesses, and their insurance policies carry millions of dollars in coverage. Because the financial stakes are so high, these companies and their insurers often have rapid-response teams of investigators and lawyers who begin working to protect their interests immediately after a crash occurs. They may arrive on the scene to gather evidence that minimizes their fault, making it vital for victims to have someone advocating for them just as quickly.

Building Your Case: The Importance of Evidence

A successful personal injury claim is built on strong, clear evidence. This evidence tells the story of what happened, who is responsible, and how the accident has impacted your life. While your legal team can handle the investigation, understanding what type of evidence is important can help you protect it.

Crucial pieces of evidence in a truck accident case often include:

• The Official Police Report: This document contains the responding officer’s initial observations, witness statements, and sometimes a preliminary finding of fault. You can typically request a copy from the agency that responded, such as the Abilene Police Department or the Taylor County Sheriff’s Office.
• Medical Records and Bills: These documents are the primary evidence of your injuries, treatment, and the financial cost of your medical care.
• Photos and Videos: If you or someone else was able to take pictures or videos of the accident scene, vehicle damage, and your injuries, this visual evidence can be incredibly persuasive.
• Trucking Company Records: This is evidence that only the trucking company possesses, but a lawyer can demand it. It includes the driver’s logbook, vehicle maintenance history, and the driver's qualification file.
• The Truck’s “Black Box” Data: Modern commercial trucks are equipped with an Electronic Logging Device (ELD) or an Event Data Recorder (EDR) that records crucial information like speed, braking, and hours of service. This data must be preserved quickly before it is overwritten or lost.

This collection of evidence helps piece together the moments leading up to the crash and demonstrates the full extent of your losses.

Understanding Negligence and Liability in a Texas Truck Accident

To hold another party responsible for your injuries, you generally need to prove they were “negligent.” In simple terms, negligence means that someone had a responsibility to act with reasonable care, failed to do so, and that failure caused your injuries.

Examples of negligence that frequently cause truck accidents include:

• Driver Fatigue: According to the FMCSA, fatigue is a major factor in truck crashes. Drivers who violate federal hours-of-service rules to meet tight deadlines put everyone on the road in danger.
• Distracted Driving: Texting, adjusting a GPS, or eating while driving a 40-ton vehicle can lead to tragedy in an instant.
• Improper Truck Maintenance: Worn tires, faulty brakes, or broken headlights can all lead to a loss of control. Trucking companies are responsible for keeping their fleets in safe working order.
• Overloaded or Unsecured Cargo: An unbalanced or overweight load can make a truck difficult to control, especially on highways like I-20 or US-67.
• Speeding or Reckless Driving: Commercial truck drivers must adjust their driving for weather and traffic conditions. Driving too fast for conditions is a common form of negligence.

Texas follows a legal rule called proportionate responsibility. Under this rule, you can still recover damages as long as you are not found to be 51% or more at fault for the accident. Any percentage of fault assigned to you below that will simply reduce your compensation amount.

Dealing with Insurance Adjusters: What Not to Say

Shortly after the accident, you will likely receive a call from an insurance adjuster representing the trucking company. It is vital to remember that this person’s job is to protect their company’s financial interests by paying out as little as possible. They are trained to be friendly and sympathetic, but you must be careful in your communications.

1. Do Not Give a Recorded Statement. The adjuster may ask you to provide a recorded statement about the accident. You are not legally required to do so, and it is almost never in your best interest. They can use your own words, taken out of context, against you later.
2. Do Not Admit Any Fault. Never say things like "I'm sorry" or "I think I could have..." The adjuster can interpret these as admissions of fault, even if you were just being polite.
3. Do Not Sign Anything. Do not sign any medical authorizations or settlement offers without having them reviewed by a lawyer. You could be signing away your rights to full and fair compensation.
4. Do Not Minimize Your Injuries. When the adjuster asks how you are, avoid responding with "I'm fine" or "I'm okay." Be honest if you are in pain or still undergoing treatment.

Being cautious and brief in your conversations with the other party's insurer helps protect your right to a fair recovery. If you’re unsure about the next steps, learning when to hire a truck accident attorney can provide clarity and help you make informed decisions.

What Kind of Compensation Can You Pursue?

If another party’s negligence caused your injuries, you have the right to seek compensation, legally known as “damages,” for your losses. These damages are typically categorized into three types.

Economic Damages

These are for the tangible, out-of-pocket financial losses you have suffered because of the accident. They are meant to make you "financially whole" again and can include:

• All past and future medical expenses
• Lost wages from time missed at work
• Loss of future earning capacity if you are unable to return to your job
• Property damage to your vehicle

Non-Economic Damages

These damages compensate you for the intangible, personal losses that don’t have a specific price tag but have a profound impact on your quality of life. They may include:

• Pain and suffering
• Emotional distress and mental anguish
• Physical impairment or disfigurement
• Loss of enjoyment of life

Exemplary Damages (Punitive Damages)

In rare cases where the defendant’s conduct was particularly reckless or malicious (known as "gross negligence"), a court may award exemplary damages. These are not meant to compensate the victim but to punish the wrongdoer and deter similar behavior in the future.

The Clock is Ticking: Texas's Statute of Limitations

It is important to know that you do not have an unlimited amount of time to take legal action. Texas law has a deadline for filing a personal injury lawsuit, known as the statute of limitations. For most personal injury cases, including truck accidents, Texas sets the deadline at two years from the date of the accident.

While two years may seem like a long time, it can pass quickly when you are focused on medical treatments and recovery. It is critical to act much sooner than the deadline because valuable evidence can disappear, witnesses’ memories can fade, and a thorough investigation takes time.

FAQs: What to Do After a Truck Accident?

Here are answers to some other common questions that arise after a serious collision with a commercial truck.

We Are Here to Help Carry the Burden

Suffering injuries in a serious truck accident in Abilene or San Angelo is a heavy burden to bear alone. You should be able to focus on healing, not on fighting with insurance companies and corporate legal teams.

The compassionate personal injury lawyers at the Law Offices of David M. White are here to lift that weight from your shoulders. We are committed to providing prompt, professional service while working tirelessly to obtain a great result for your case.

With our team on your side, you can rest easier knowing that someone is always looking out for your best interests. We understand the impact this event has on your life and future, and we are ready to advocate for the full and fair compensation you deserve.

Contact the Law Offices of David M. White today at (325) 437-3311 or through our online form for a free initial case consultation. Let us help you take the next step toward justice and recovery.

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