Being involved in a truck accident is a traumatic experience. The steps you take in the hours, days, and weeks following the accident can significantly impact your ability to recover fair compensation. This comprehensive guide explains exactly what you need to do after a truck accident in Texas.
1. At the Accident Scene
Your immediate actions at the accident scene are critical for both your safety and your future legal claim. Here's what to do:
Priority: Your Safety First
If you can move safely, get away from the truck and to a safe location. Truck accidents can involve fuel spills, fires, and hazardous cargo.
Immediate Steps:
- Call 911 - Report the accident and request emergency services. Texas law requires reporting accidents involving injury, death, or significant property damage.
- Check for injuries - Check yourself and others for injuries. Do not move seriously injured people unless there's immediate danger.
- Move to safety - If possible, move to the side of the road away from traffic.
- Turn on hazard lights - Help warn other drivers if your vehicle is still operable.
- Do not admit fault - Be polite but avoid saying "I'm sorry" or admitting any responsibility.
Document Everything:
- Photograph all vehicles involved, including damage and license plates
- Capture the truck's company name, DOT number, and trailer number
- Photograph road conditions, traffic signs, and weather conditions
- Take photos of skid marks and debris patterns
- Document any visible cargo that may have spilled
- Photograph your injuries
- Get contact information from all witnesses
Pro Tip: DOT Number
The DOT number on the side of the truck is crucial. It allows attorneys to access the trucking company's safety record, including past violations and accidents, through the FMCSA database.
2. Seeking Medical Attention
Getting proper medical care is essential—both for your health and your legal claim.
Why Immediate Medical Care Matters:
- Hidden injuries - Traumatic brain injuries (TBI), internal bleeding, and spinal injuries may not show immediate symptoms
- Adrenaline - Your body's stress response can mask pain and injury symptoms
- Medical records - Create documentation linking your injuries to the accident
- Insurance claims - Delays in treatment can be used to argue injuries weren't caused by the accident
Important
Even if you feel fine, get examined by a medical professional within 24-48 hours. Symptoms of serious injuries like TBI can take days or weeks to appear.
Common Truck Accident Injuries:
Traumatic Brain Injury (TBI)
Concussions to severe brain damage. Watch for headaches, confusion, memory problems.
Spinal Cord Injuries
Can result in partial or complete paralysis. Neck and back pain require immediate evaluation.
Internal Injuries
Organ damage and internal bleeding may not be immediately apparent.
Broken Bones
The force of truck collisions often causes multiple fractures requiring surgery.
3. Evidence Preservation
Truck accident cases involve unique types of evidence that must be preserved quickly.
Critical Evidence in Truck Accident Cases:
Electronic Logging Device (ELD) Data
ELDs record driving hours, speed, and rest periods. Federal regulations only require this data to be kept for 6 months. After that, it can legally be deleted. This data is crucial for proving hours-of-service violations.
Black Box (ECM) Data
The truck's Engine Control Module records speed, braking, and other mechanical data before a crash. This can prove speeding or brake failure.
Driver Qualification File
Contains the driver's medical certificate, driving record, drug test results, and training records. Can reveal negligent hiring.
Vehicle Maintenance Records
Documents inspection history and repairs. Can prove the trucking company knew about mechanical issues.
Cargo/Load Documentation
Bills of lading and weight tickets can prove overloading or improper cargo securing.
Time-Sensitive
An attorney can send a "spoliation letter" to the trucking company, legally requiring them to preserve evidence. Without this, crucial evidence may be destroyed.
4. Dealing with Insurance Companies
Insurance companies are businesses focused on minimizing payouts. Here's how to protect yourself:
What NOT to Do:
- Don't give a recorded statement - Insurance adjusters are trained to get you to say things that can be used against you
- Don't accept a quick settlement - First offers are almost always far below your case's true value
- Don't sign a medical release - This gives them access to your entire medical history to find pre-existing conditions
- Don't discuss the accident on social media - Insurance companies monitor social media for anything they can use against you
What TO Do:
- Keep all communication brief and factual
- Ask for the adjuster's name, phone number, and claim number
- Document all communications (dates, times, what was discussed)
- Refer them to your attorney once you have representation
Truck Insurance Coverage
Under FMCSA regulations, commercial trucks must carry minimum insurance of $750,000 for general freight and up to $5 million for hazardous materials. This is why truck accident settlements are typically much higher than car accidents.
5. Understanding FMCSA Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules for commercial trucking. Violations of these regulations can significantly strengthen your case.
Key FMCSA Regulations:
Hours of Service (HOS) Rules
- Maximum 11 hours driving after 10 consecutive hours off duty
- 30-minute break required after 8 hours of driving
- 60/70-hour limit in 7/8 consecutive days
- 34-hour restart provision
Drug and Alcohol Testing
- Pre-employment drug testing required
- Post-accident testing required
- Random testing throughout employment
- BAC limit of 0.04% (half the standard limit)
Vehicle Maintenance Requirements
- Pre-trip inspections by drivers
- Annual inspections by certified inspectors
- Systematic maintenance schedules
- Detailed maintenance records
Source: Federal Motor Carrier Safety Administration (FMCSA), www.fmcsa.dot.gov/regulations
6. When to Contact an Attorney
Answer: As soon as possible. Here's why timing matters:
Why You Need an Attorney Quickly:
- ✓Evidence preservation - Send legal holds before ELD data and maintenance records disappear
- ✓Level the playing field - Trucking companies send investigators to the scene immediately. You need representation too.
- ✓Handle insurance companies - Your attorney can deal with adjusters so you can focus on recovery
- ✓Identify all liable parties - Truck accidents often involve multiple insurance policies
Most truck accident attorneys work on a contingency fee basis, meaning you pay nothing unless you win your case. There's no financial risk to getting a free consultation.
7. Texas Statute of Limitations
Texas Civil Practice and Remedies Code Section 16.003 sets the deadline for filing truck accident lawsuits.
2 Years
You have 2 years from the date of the accident to file a personal injury lawsuit in Texas.
Important Deadline Notes:
- Wrongful death claims - 2 years from the date of death
- Claims against government entities - May have shorter notice periods (often 6 months)
- Minors - Statute may be tolled until age 18
Source: Texas Civil Practice and Remedies Code, statutes.capitol.texas.gov