What to Do After a Truck Accident in Texas: A Step-by-Step Guide
If you’ve been injured in a truck accident in Texas, knowing what to do in the minutes, hours, and days afterward can be critical to your recovery and your legal rights. Accidents involving 18-wheelers or other commercial vehicles often result in serious injuries and involve powerful insurance companies. This guide breaks down the essential steps every victim should take to protect themselves.
1. Call 911 and Request Medical Help
Immediately after a truck crash, prioritize safety. Call 911 and request both law enforcement and medical assistance. Even if you don’t feel seriously injured, adrenaline can mask symptoms. Getting a medical evaluation creates a record of your condition, which is crucial for your injury claim.
2. Report the Accident to Police
Under Texas Transportation Code Section 550.026, drivers involved in a crash causing injury, death, or property damage over $1,000 must report the accident to local law enforcement. Officers will investigate and file a crash report—a key piece of evidence in any personal injury case.
3. Gather Evidence (If You’re Able)
If you can do so safely, document the scene:
- Take photos of all vehicles involved, including damage and license plates
- Photograph road conditions, skid marks, traffic signs, and visible injuries
- Collect contact information from the truck driver, company, and any witnesses
- Note the truck’s USDOT number and any logos or identifiers
This evidence may later help establish liability or contradict a trucking company’s version of events.
4. Avoid Admitting Fault or Making Statements
Be careful what you say at the scene or to insurance adjusters. Do not apologize or speculate about the cause of the crash. Even innocent remarks can be used against you later to reduce your compensation. Wait until you’ve spoken to a personal injury attorney before giving any recorded statements.
5. Seek Ongoing Medical Treatment
Follow through with all medical appointments, prescriptions, and therapy. Consistent treatment not only aids recovery but also strengthens your injury claim by showing the extent and impact of your injuries.
6. Request the Official Crash Report
You can obtain the crash report filed by responding officers from the Texas Department of Transportation (TxDOT). This document includes the officer’s assessment, driver statements, and other crucial facts about the crash.
7. Notify Your Insurance Company
Most policies require prompt notice of any crash. However, keep your communication factual and brief. Do not downplay injuries or speculate about what happened. Do not speak to the truck driver’s or company’s insurer until you’ve received legal advice.
8. Understand the Filing Deadline
Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the truck accident to file a personal injury lawsuit. If a government entity is involved (e.g., municipal garbage or utility truck), shorter notice deadlines may apply.
9. Watch for Red Flags from Trucking Companies
It’s not uncommon for trucking companies to quickly send their own investigators or adjusters to the scene. They may try to shift blame, offer a fast lowball settlement, or request access to your medical records. Be cautious—these tactics are meant to limit their liability.
10. Consult a Texas Personal Injury Attorney
Truck accident claims are far more complex than ordinary fender-benders. Federal Motor Carrier Safety Regulations (FMCSRs), black box data, and commercial insurance policies all come into play. A skilled attorney can help preserve evidence, identify liable parties, and maximize your recovery.
FAQ
Should I go to the doctor even if I feel fine?
Yes. Some injuries, like whiplash or internal trauma, may not show symptoms immediately. A medical evaluation helps protect your health and supports your injury claim.
What if the truck driver was working for a company?
The trucking company may also be liable under federal law, especially if they failed to properly maintain the vehicle, hired an unqualified driver, or pushed the driver to violate safety regulations.
Can I still sue if I was partially at fault?
Yes. Texas follows a modified comparative fault rule. As long as you’re 50% or less at fault, you can still recover damages—though your award will be reduced by your percentage of fault.
Conclusion
Taking the right steps after a truck accident in Texas can make all the difference in your recovery—physically, emotionally, and financially. Don’t let powerful trucking companies or insurers take advantage of your vulnerability. Know your rights, document everything, and protect yourself legally.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalized counsel, contact Ted B. Lyon & Associates.
