What To Do After a Truck Accident in Texas

Taking quick and organized steps on what to do after a truck accident can help protect your health, legal rights, and the strength of your claim. 

Truck accidents often cause severe injuries, complicated liability issues with powerful parties, and significant financial losses that can quickly become too much to handle. Get into a truck accident in Pearland, Texas. 

Knowing what to do immediately and what to think about in the long run can make a huge difference in getting fair compensation and getting through the complicated legal system.

This guide will tell you exactly what to do, what to think about, and how DeHoyos Accident Attorneys can help you with your truck accident case. You won’t have to deal with this massive problem on your own.

Immediate Safety and Medical Steps

Ensure Safety at the Scene

Your top priority after a truck accident is safety. If you can, get yourself and your passengers to a safe place away from traffic. If you have them, turn on your hazard lights and set up warning triangles or flares to inform other drivers. 

Don’t move people who are seriously hurt unless there is an immediate threat, like a fire or leaking fuel.

Call Emergency Services

 Emergency responders will help with medical care, protect the scene, and file a police report. 

Some injuries, like internal bleeding or a concussion, can get worse over time, even if they don’t seem that bad at first. It is crucial to get medical help right away.

Seek Medical Attention

Get a complete medical checkup as soon as you can. Writing down injuries right away helps show that the truck crash caused your injuries. 

Keep track of your emergency care, hospital stays, tests, prescriptions, and follow-up visits. Getting regular medical care not only protects your health, but it also makes your claim stronger.

Reporting and Documentation

Obtain an Official Accident Report

The police department that responds (usually Pearland PD or the Texas Department of Public Safety) will write a report on the crash. 

Ask for a copy and write down the report number. This report has all the essential information, like the names of the people involved, the make and model of the vehicles, any initial findings, and any citations that were issued. 

Your lawyer will use this report to figure out who is responsible.

Gather Evidence at the Scene

If safe and physically able, collect evidence before vehicles are towed or the scene is cleared. This may include:

• Photographs and videos of vehicle damage, road conditions, skid marks, traffic signs, and debris.
• Photos of visible injuries (bruises, cuts), soon after the crash.
• Contact information of witnesses, including other motorists or bystanders who saw the accident.
• Note environmental factors: weather, lighting conditions, road layout, and any signage or signals.

Even if you cannot gather everything personally, relay details to your attorney promptly so they can organize an investigation.

Exchange Information

Share your contact and insurance information with the truck driver and other drivers involved. 

If you can see it, write down the truck company’s name, the name of the owner-operator, the license plate number, the USDOT number, and the insurance information. 

If the driver is evasive or doesn’t want to talk, write down as much as possible and call the police.

Notify Your Insurance Company (Carefully)

Tell your insurance company about the accident immediately, but don’t give recorded statements or detailed admissions of fault without talking to a lawyer first. 

Insurance companies may try to lower their pay by pointing out inconsistencies or partial fault admissions. 

Let them know instead that you were in an accident and that you will give them the information they need after talking to a lawyer.

Understanding Liability and Legal Considerations

Identifying Potentially Liable Parties

Truck accident liability often extends beyond the driver. Possible responsible parties include:

Truck Driver:

Negligence through speeding, fatigue, distracted driving, or impairment.

Trucking Company (Carrier): 

Vicarious liability for driver actions, negligent hiring/training, or pressure to violate hours rules.

Owner-Operator:

 If the truck is leased or independently operated under contract.

Cargo Loaders/Shippers: 

Improper cargo loading or securing can cause rollovers or jackknife crashes.

Maintenance Providers or Manufacturers: 

Defective parts or inadequate maintenance may lead to brake failures, tire blowouts, or steering malfunctions. Your attorney investigates each possibility, gathering evidence to connect negligence to the responsible party.

Comparative Negligence in Texas

In Texas, if you are partly to blame for an accident, your recovery is reduced by your percentage of fault. However, you can’t recover anything if you are more than 50% at fault. People who are hurt in truck accidents often worry that they will be unfairly blamed, like for not seeing a big truck. 

An experienced lawyer can help you get less blamed by gathering proof that you took reasonable steps to protect yourself, like wearing a seat belt and following traffic laws.

Statute of Limitations

In Texas, you usually have two years from the day of the accident to file a lawsuit for personal injury. 

For wrongful death, the time limit is two years from the day the person died. Taking legal action on time keeps evidence safe and meets filing deadlines. If you talk to a Pearland truck accident lawyer early, you can be sure all the steps will happen on time.

Dealing with Insurers and Claims Procedures

Handling Insurance Adjusters

After an accident, insurance adjusters often contact the people who were hurt and ask for statements or recorded interviews. Politely tell them to talk to your lawyer. 

Your lawyer handles all your communications so that the insurance companies can’t use what you say to hurt your case.

Presenting a Demand Package

Your lawyer puts together a demand package once your medical treatment is stable and your initial recovery is checked. 

This package includes a summary of the facts, evidence of liability (logs, expert analyses), detailed damage calculations, and a settlement demand. A persuasive demand highlights the human cost and financial strain to get a fair offer.

Negotiation and Potential Settlement

Your lawyer talks to insurance companies and uses evidence to fight lowball offers. 

Many truck accident cases settle before they go to court, but the threat of going to court and filing a lawsuit often makes insurance companies raise their offers. If settlement talks don’t go anywhere, your lawyer prepares to file a lawsuit and go to court.

Special Considerations for Commercial Vehicle Accidents

FMCSA and Regulatory Violations

Negligence claims are stronger when FMCSA hours-of-service rules, maintenance requirements, or cargo securement rules are broken. Your lawyer finds and writes down these mistakes, which they use as proof of fault.

Employer Responsibility and Vicarious Liability

Respondeat superior says that a trucking company may be responsible for what its drivers do while on the job. If the driver was on duty, making deliveries, or on their way to do so, the carrier is usually responsible. 

Your lawyer checks the company’s rules, the dispatch logs, and the driver’s schedules to ensure they are correct.

Independent Contractors vs. Employees

To limit their liability, carriers sometimes call drivers “independent contractors.” 

However, vicarious liability may still apply if the driver’s work helps the carrier’s business while the driver works for the airline. 

An experienced lawyer looks at how contracts work and who is in charge of operations to get around attempts to avoid liability.

Multiple Insurance Policies and Coverage Layers

Commercial trucks usually have high-limit primary liability insurance and umbrella policies. It’s crucial to find out what coverage and policy limits are available. 

Your Pearland truck accident lawyer reviews insurance certificates, policy terms, and extra coverages to ensure you can get the most money possible.

Steps to Protect Your Rights After a Trucking Accident

Seek Immediate Medical Care: 

Prioritize health, record injuries, and follow treatment plans.

Report the Accident: 

Ensure law enforcement files a crash report; request a copy of the report number.

Gather Evidence (Safely): 

Take photos of vehicles, scenes, and injuries; collect witness contacts.

Notify Insurer Cautiously: 

Report the accident without admitting fault; refer adjusters to your attorney.

Preserve Critical Data: 

Inform your lawyer immediately so electronic logs and maintenance records can be preserved.

Consult a Pearland Truck Accident Lawyer: 

Early legal advice safeguards evidence, identifies liable parties, and coordinates investigative experts.

Follow Medical Advice: 

Adhering to treatment plans strengthens proof of damages.

Track All Expenses and Impacts: 

Document lost income, medical costs, and daily life changes.

Stay Informed: 

Ask questions about procedures, timelines, and potential outcomes. A responsive attorney will keep you updated.

Avoid Social Media Discussions: 

Do not post accident details or injury updates publicly, as insurers can use these to challenge your claim.

How DeHoyos Accident Attorneys Can Help

Free Initial Consultation: 

Discuss your truck accident case, understand legal options, and get guidance on next steps without obligation. Visit our contact page to schedule.

Experienced Investigation Team: 

We work with accident reconstruction specialists, medical experts, and vocational analysts to build a comprehensive case.

Aggressive Representation: 

We negotiate firmly with insurers and, when necessary, take cases to court to pursue maximum compensation.

Local Expertise: 

Familiarity with Pearland and surrounding jurisdictions ensures strategic handling of filings, hearings, and negotiations.

Client-Centered Approach: 

We communicate, explain complex legal matters in plain terms, and offer compassionate support throughout the recovery and claim process.

No Upfront Fees: 

We operate on a contingency basis—no attorney fees unless we recover compensation for you.

Comprehensive Legal Support Beyond Truck Accidents

At DeHoyos Accident Attorneys, we know your primary concern might be a terrible truck crash. Still, the aftermath of accidents often shows that many legal needs are connected. 

Our firm can help you with all kinds of personal injuries, so you can be sure that you will get expert help no matter how complicated your case gets.

As a dedicated Pearland car accident lawyer, our knowledge is invaluable in dealing with multi-vehicle crashes, such as those involving your truck accident that involved other passenger vehicles. 

As a Pearland truck accident lawyer, we have a lot of experience with the details of commercial vehicle accidents, including federal rules and corporate responsibility. 

Our  Pearland personal injury lawyer we are ready to help with a wide range of injuries that may happen, not just those caused by trucking accidents. 

Please read firsthand accounts from clients throughout your decision-making process to better understand how our dedicated representation has helped them.

If you or someone you care about has been in a truck accident in Pearland, don’t try to handle this complicated process alone. Taking action early can help you keep necessary evidence, meet deadlines, and set up your claim for the best possible outcome. Call DeHoyos Accident Attorneys right now for a free consultation. 

We will go over what to do after a truck accident in your case, explain your rights under Texas law, and help you get better and get paid.

Contact the Pearland Truck Accident Lawyers at DeHoyos Accident Attorneys for Help Today!

If you or someone you care about has been in a terrible truck accident in Pearland, please don’t try to handle this challenging and stressful process on your own. 

The moments right after a crash like this are very important. Acting quickly can help you keep necessary evidence, meet critical legal deadlines, and ultimately put your claim in the best possible position for the best possible outcome and the most money.

Call DeHoyos Accident Attorneys to set up a free, no-obligation meeting. We will carefully go over what to do after a truck accident in your case, clearly explain your rights under Texas law, and help you every step of the way to get better and get the justice you deserve.

Frequently Asked Questions

1. What immediate steps should I take after a truck accident?

Ensure safety and medical attention, call law enforcement, document the scene with photos and witness information, and contact a Pearland truck accident lawyer promptly to preserve evidence and advise on communications with insurers.

2. How soon must I file a lawsuit after a truck accident in Texas?

Generally, Texas law gives you two years from the crash date to file a personal injury lawsuit. Early consultation helps ensure evidence is preserved and deadlines are met.

3. Can I recover damages if I partially contributed to the accident?

Under Texas modified comparative negligence, your percentage of fault reduces your recovery, provided you bear 50% fault or less. A skilled attorney works to minimize any assigned fault.

4. What types of compensation can I pursue in a truck accident claim?

Economic damages (past and future medical expenses, lost wages, rehabilitation, property damage) and non-economic damages (pain and suffering, emotional distress). In rare cases of gross negligence, punitive damages may be available.

5. How do attorneys handle insurer communications after a truck accident?

Your lawyer manages all communications with insurance adjusters to avoid inadvertent admissions or inconsistent statements. We negotiate firmly for fair compensation or prepare for litigation if necessary.