If you were hurt in a crash with a commercial truck, the next few days can feel overwhelming—calls from insurance adjusters, a damaged vehicle, missed work, medical bills, and a lot of unanswered questions. This guide explains what to do after a truck accident, how liability is determined, the evidence that moves cases, the Texas-specific rules that can affect your claim, and how to protect your right to full compensation. When you’re ready for tailored help, the team at Francis Injury is here to step in.
Immediate Steps After A Truck Accident In Texas
Every decision you make in the first hours can influence fault determinations and the value of your claim. Prioritize safety, then:- Call 911 and request police and EMS. Ask how to obtain the crash report.
- Get Medical Care the same day. Follow-up care builds a clear record connecting the collision to your injuries.
- Document The Scene: photos or video of vehicle positions, skid marks, debris, weather, roadway defects, and visible injuries.
- Collect Information: the truck driver’s name, employer, USDOT number, trailer number, and insurer. Get witness names and phone numbers.
- Skip Social Media: posts can be taken out of context and used against you.
- Talk To A Lawyer Early to send evidence-preservation notices and handle all insurer communications. See also: What To Do After A Truck Accident In Texas.
Texas Fault, Comparative Negligence, And Why It Matters
Texas follows a modified comparative negligence rule (often called the “51% bar”). You can recover damages if you are not more than 50% at fault, but your recovery is reduced by your percentage of fault. Example: if you’re awarded $100,000 and found 20% at fault, you can recover $80,000. Insurers sometimes push aggressive fault splits early—another reason to avoid recorded statements until you’ve spoken with counsel.Common Causes Of Truck Crashes (And How We Prove Them)
Commercial trucking adds layers of risk beyond typical car crashes. Frequent causes include:- Driver Fatigue & Hours-Of-Service Violations: logs, ELD data, dispatch records, and fuel receipts can reveal over-hours driving.
- Speeding & Following Too Closely: ECM/EDR (“black box”) downloads show speed, throttle, and braking.
- Improper Loading or Shifting Cargo: bill of lading, weight tickets, and shipper documentation expose violations.
- Poor Maintenance: brake, tire, and lighting issues show up in inspection histories and shop records.
- Substance Use and Distracted Driving: post-crash testing and device data help establish negligence.
- Unsafe Maneuvers (e.g., wide right turns, improper lane changes, or “snaking” on narrow roads).
Who Can Be Liable In A Truck Accident?
Beyond the driver, multiple parties may share responsibility:- Motor Carrier/Employer for negligent hiring, training, supervision, or unsafe scheduling.
- Trailer Owner if separate from the tractor’s owner.
- Shipper/Loader for hazardous or improperly secured cargo.
- Maintenance Contractors for negligent inspection or repair.
- Broker/Logistics Company when control or vetting issues contribute to risk (fact-specific).
- Government Entities for dangerous road conditions (with special notice rules).
Essential Evidence In Truck Cases (What To Preserve Immediately)
Trucking companies control many key records. Your lawyer should send a litigation hold/spoliation letter immediately to preserve:- ECM/EDR Data (speed, braking, throttle, fault codes)
- Dash Cam & In-Cab Video
- ELD/HOS Logs, dispatch notes, and route plans
- Pre/Post-Trip Inspections and maintenance files
- Driver Qualification File (DQF): hiring, training, drug/alcohol test records
- Cargo/Loading Records, bills of lading, scale tickets
- External Cameras (nearby businesses, traffic cameras) and 911 audio
Texas Insurance Basics After A Truck Crash
Texas requires drivers to carry at least 30/60/25 liability coverage ($30,000 per injured person, $60,000 per crash, $25,000 property damage). Commercial trucks are typically insured far higher, but policies and carriers vary by the truck’s weight class, cargo, and federal status. You may also have claims under your own PIP, MedPay, and UM/UIM if an at-fault driver is uninsured or underinsured. Learn more: Dealing With Insurance Companies After A Car Accident and Texas Insurance Claim Lawyer.Statute Of Limitations And Special Deadlines In Texas
Most Texas personal injury claims have a two-year statute of limitations from the date of the crash. Evidence disappears quickly, so don’t wait to investigate. If a government entity may be at fault (e.g., unsafe roadway design), you may need to provide notice of claim within months, not years. If you tragically lost a family member, the wrongful death and survival statutes follow specific timing rules; start here: Wrongful Death Settlement Amounts In Texas.Damages You Can Pursue
- Medical Expenses (past and future, including surgery, rehab, and medications)
- Lost Wages & Earning Capacity
- Property Damage and loss of use
- Pain And Suffering, mental anguish, and loss of enjoyment of life
- Disfigurement & Physical Impairment
- Exemplary (Punitive) Damages in egregious cases, when permitted by law
How Truck Accident Settlements Are Built (And Why They Vary)
There’s no one-size-fits-all settlement number. The value of a Texas truck accident case depends on injury severity, fault allocation, available insurance, medical proof, and credibility. Strong cases are built with consistent treatment, expert opinions (e.g., accident reconstructionists, life-care planners, economists), and a complete damages story. For strategy ideas, read: Tips For Maximizing A Truck Accident Settlement and Steps To Take When Filing A Truck Accident Claim.Dealing With Insurance Adjusters (Without Hurting Your Claim)
- Direct Them To Your Lawyer: avoid recorded statements until represented.
- Don’t Sign Blanket Authorizations that give access to unrelated medical history.
- Track Everything: mileage, prescriptions, co-pays, time off work, and out-of-pocket costs.
- Be Consistent: follow your treatment plan; gaps weaken claims.
Medical Care: Why Early & Ongoing Treatment Matters
Emergency room visits, urgent care, and primary care follow-ups create an objective trail that ties injuries to the crash. If you’re sent to imaging (X-ray, MRI, CT) or specialists (orthopedics, neurology, pain management), keep every appointment. The longer you wait, the easier it is for insurers to argue a different cause. For related guidance, see: Medical Bills After A Car Accident.Frequently Asked Questions (Texas)
What Should I Do In The First 24–48 Hours?
Get medical care, photograph the scene and your injuries, gather witness info, and contact a lawyer to preserve ELD/ECM data and camera footage.
How Long Do I Have To File A Truck Accident Claim In Texas?
Generally two years from the crash date. Claims involving government entities have much shorter notice deadlines—act quickly.
Do I Need A Texas Truck Accident Lawyer?
Yes, trucking companies control critical evidence. Early legal action helps secure logs, videos, and black-box data before it’s lost.
What If I Am Partly At Fault?
You may still recover compensation unless you’re more than 50% at fault. Your recovery is reduced by your percentage of fault.
Will The Trucking Company’s Insurer Pay My Bills As I Go?
Usually no. You pursue a lump-sum settlement or verdict. Your PIP/MedPay or health insurance may help in the meantime.
How Are Settlements Calculated?
By liability strength, injury severity, medical costs, future care, lost wages, and non-economic damages—supported by documentation and experts.
What Evidence Matters Most?
ELD/HOS logs, ECM data, driver file, maintenance records, loading docs, dash cam, scene photos, and credible medical records.
Can I Talk To The Adjuster?
Direct them to your lawyer and avoid recorded statements. Do not sign broad medical authorizations.
What If A Loved One Died In The Crash?
You may have wrongful death and survival claims. Start here: Wrongful Death Settlement Amounts In Texas.
How Do I Strengthen My Case Right Now?
Follow your treatment plan, keep a pain journal, save receipts, and let your attorney send spoliation letters to preserve vital trucking evidence.
Why Choose A Texas Truck Accident Lawyer (And Why Local Experience Helps)
Trucking carriers move fast to defend claims. A Texas-based team understands local courts, regional crash patterns, and how insurers evaluate DFW-area injuries. Explore our pages: Fort Worth Truck Accident Lawyers • Texas Truck Accident Lawyer.Related Reading From Francis Injury
- What To Know About Truck Accident Litigation
- How To File A Truck Accident Lawsuit
- What To Do If The Insurer Makes A First Offer After A Truck Accident
- Rear-End Collisions
- 18-Wheeler Accident Settlements In Texas
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Step-By-Step Recap (Save Or Print)
- Get emergency care and create a same-day medical record.
- Photograph vehicles, roadway evidence, and your injuries.
- Collect witness names/contact and all truck identifiers (USDOT, trailer #).
- Contact a lawyer to send spoliation letters for ELD/ECM/video.
- Follow your treatment plan; keep all bills, receipts, and a pain journal.
- Direct insurers to your attorney; avoid recorded statements.
- Track lost wages and out-of-pocket costs.
- Discuss strategy for settlement versus litigation.
About Francis Injury
We help crash victims statewide in Texas—from early claims and negotiations to trial if needed. Explore our firm: Fort Worth Truck Accident Lawyers • Contact Francis Injury. More helpful reads: What To Know About Truck Accident Litigation • Understanding Different Types Of Car Accident Claims • Texas Cities With The Most Car Accidents