The John A. Davis Law Firm represents Accident Injury Victims in San Antonio and South Texas

What To Do After a Truck Accident in Texas

Truck accidents can be extremely traumatic experiences. The violent forces involved when commercial trucks collide with passenger vehicles often cause catastrophic injuries that leave victims in shock and confusion. Depending on the severity of the accident, some people experience long-term emotional issues afterward. Still, as an accident victim, you are required to do certain things under the law after the accident, and knowing what to do after a truck accident is critical to ensuring that your legal rights are protected. Call our San Antonio Truck Accident Attorneys now!

Given the physical and emotional state that many truck accident victims are in at the time of the incident, it should not be surprising that some victims do not know what needs to be done immediately and what can wait until later. What you need to know is that it is imperative to speak with an attorney prior to making statements to any insurance company or signing any forms. Trucking company insurers begin working immediately to protect their interests, and anything you say or sign may be used against you later.

Safety First

One of the first things a truck accident victim should do after a crash is to ensure personal safety, as well as the safety of any passengers who may have been in the vehicle. If you are able to move and it is safe to do so, get away from the roadway and any potential hazards.

Truck accidents create unique dangers that may persist after the initial collision. Fuel spills create fire and explosion risks. Cargo spills may include hazardous materials. Damaged trucks may shift or roll. If you can safely exit your vehicle and move to a protected location away from traffic, do so while waiting for emergency responders.

Where possible, accident victims should move their vehicles to the side of the road to prevent secondary collisions. However, if injuries prevent safe movement or if moving would create additional hazards, remain in place with hazard lights activated until help arrives. Do not attempt to move seriously injured persons unless there is an immediate threat such as fire.

Get Medical Attention for Yourself and Others

Your health and well-being are of utmost importance. If you, your passengers, or others at the accident scene have sustained injuries, Texas law requires you to provide reasonable assistance if you are able to do so. That assistance could be something as simple as calling 911 for an ambulance or providing basic first aid if you have the knowledge and capability.

Even if you feel relatively uninjured at the scene, seek medical evaluation as soon as possible. Truck accident injuries frequently do not produce immediate symptoms. Adrenaline masks pain, and internal injuries may not become apparent for hours or days. Traumatic brain injuries, internal bleeding, and spinal injuries can all present delayed symptoms that worsen without treatment.

Medical records documenting your injuries and their connection to the truck accident provide essential evidence for your claim. Gaps between the accident and medical treatment give insurance adjusters ammunition to argue that your injuries were not caused by the collision or are not as serious as claimed.

Stay at the Scene and Call the Police

Under Texas law, after an accident occurs, all parties are required to stop and remain at the scene. Leaving the scene of an accident, particularly one involving injuries, can lead to criminal charges that create additional legal problems you do not want to face.

Call 911 to report the accident and request police response. Law enforcement presence is essential in truck accident cases for several reasons. Officers document the scene, record statements from parties and witnesses, note road and weather conditions, and often assess fault. The police report provides a crucial independent record of what happened.

Police investigation of truck accidents may reveal regulatory violations that strengthen your case. Officers may note hours of service violations, equipment defects, or driver impairment that would otherwise be difficult to prove. Request the responding officers’ names and badge numbers, and ask how to obtain a copy of the accident report once it becomes available.

Gather Critical Evidence

Evidence is crucial to proving truck accident cases, and much of the most valuable evidence exists only at the accident scene immediately after the collision. Taking steps to preserve this evidence protects your ability to pursue fair compensation.

Document the truck itself. Photograph the truck’s license plate, the USDOT number displayed on the vehicle, and the trucking company name. These identifiers allow your attorney to investigate the trucking company, obtain insurance information, and access regulatory compliance records.

Photograph everything relevant to the accident. Take pictures of all vehicles from multiple angles showing damage patterns. Document skid marks, debris fields, traffic signals, road conditions, and any visible equipment defects on the truck such as worn tires or damaged lights. Photograph your visible injuries as well.

Collect contact information from all parties and witnesses. Record the truck driver’s name, driver’s license number, and contact information. Get names and phone numbers from any witnesses who observed the accident. Witness testimony often proves crucial when trucking companies dispute liability.

Note details about the truck driver. Does the driver appear fatigued, impaired, or injured? What does the driver say about what happened? These observations may be relevant to your case, though you should not accuse the driver of wrongdoing at the scene.

Do not discuss fault with anyone at the scene beyond basic facts needed for the police report. Do not apologize or accept blame, even partially. Statements made at the scene can be used against you later to reduce your compensation.

Be Cautious with Insurance Companies

Trucking company insurers may contact you quickly after an accident, sometimes within hours. These early contacts are not motivated by concern for your well-being. Adjusters seek recorded statements and signed authorizations that help them minimize claim values.

Do not provide recorded statements to any insurance company without first consulting an attorney. You are not legally required to give recorded statements, despite what adjusters may imply. Anything you say can be taken out of context or used to argue that your injuries are less serious than claimed.

Do not sign any documents, including medical authorizations, without attorney review. Broad medical authorizations allow insurers to access your entire medical history, including unrelated conditions they may use to argue that current symptoms preexisted the accident.

Report the accident to your own insurance company as required by your policy, but keep the conversation limited to basic facts. Do not speculate about fault or discuss the extent of your injuries until you understand the full scope of your condition.

Contact a Truck Accident Attorney Promptly

Truck accident victims who follow proper steps significantly improve their chances of successful outcomes. However, the complexities of truck accident claims make professional legal guidance essential.

Attorneys experienced in truck accident litigation understand what evidence must be preserved and how to obtain it. Spoliation letters demanding that trucking companies retain electronic logging device data, driver qualification files, and maintenance records must be sent promptly before this evidence disappears. Attorneys can seek emergency court orders when necessary to prevent evidence destruction.

Texas law provides a two-year statute of limitations for personal injury claims. While this may seem like adequate time, thorough investigation and preparation require prompt action. The sooner you consult with an attorney, the better positioned you are to protect your rights.

Most truck accident attorneys offer free consultations and work on contingency fees, meaning no upfront cost for legal representation. If you have been involved in a truck accident and have questions about what steps to take, contact an experienced truck accident attorney to discuss your case and learn how to protect your legal rights.