Hit by a Truck? What to Do After a Truck Accident

Truck accidents can be devastating, leaving victims with serious injuries and overwhelming challenges. After a truck accident in Texas, taking prompt and decisive action is crucial. Your safety and legal rights depend on the steps you take immediately after.

Stewart J. Guss, Injury Lawyers, understands the complexities of truck accident cases and can guide you through the process. Don't let the stress of dealing with insurance companies and legal procedures add to your burdens. With experienced legal support, you can focus on healing while professionals work to secure the compensation you deserve.

Essential Steps for Your Recovery and Rights

Step One: Secure the Scene

Immediately after the accident:

• Move your vehicle to a safe location if possible
• Turn on hazard lights to alert other drivers
• Check yourself and your passengers for injuries
• If anyone is hurt, don't move them unless they're in immediate danger
• Exit your vehicle carefully, watching for oncoming traffic
• Set up flares or warning triangles if available
• Stay away from the truck, as it may be carrying hazardous materials

Step Two: Call 911

Contact emergency services immediately. During the call:

• Provide your exact location, including highway mile markers or nearby landmarks
• Describe the accident and any injuries
• Request police and medical assistance
• Stay on the line with the dispatcher if instructed and follow their guidance until help arrives
• Don't leave the scene until authorities give you permission

Step Three: Gather Evidence

The first step in gathering evidence is to use your phone to take photos of:

• Vehicle damage
• Accident scene from multiple angles
• Skid marks or debris on the road
• Your injuries

Next:

• Collect contact information from witnesses and ask them to describe what they saw
• Write down the truck driver's name, company, and insurance details
• Note the truck's license plate and any identifying numbers

Most importantly, don't discuss fault or apologize; limit conversation with the truck driver to exchanging necessary information. Your words could be used against you later.

Step Four: Seek Medical Care

Seeking prompt medical care and maintaining detailed records are crucial steps after a truck accident in Texas. The following actions protect your health and strengthen any potential legal claims:

• Visit a doctor immediately after a truck accident, even if you feel fine, as some injuries may not immediately show symptoms. A medical professional can identify and document hidden injuries like whiplash or internal bleeding. Follow all treatment recommendations and attend follow-up appointments.
• Delaying medical care could worsen your condition and weaken your case. Insurance companies may argue that your injuries aren't serious if you wait for treatment. Be honest with your doctor about all symptoms, no matter how minor they seem.
• Document everything related to your injuries and medical care. Keep a daily journal noting pain levels, symptoms, and how injuries affect your daily life. Save all medical bills, prescription receipts, and documentation from doctor visits.
• Request copies of your medical records, including X-rays and test results. Take photos of visible injuries as they heal. Keep track of work days missed due to injuries or medical appointments. These records provide crucial evidence for insurance claims or lawsuits.
• Consider creating a simple spreadsheet to organize your medical expenses and treatments. This can help you quickly reference important information when needed.

What to Expect When Dealing with Insurance Companies

After a truck accident in Texas, you'll need to navigate interactions with insurance companies. This process involves filing a claim and potentially negotiating a settlement.

Filing a Claim

Contact your insurance company as soon as possible after the accident. Provide them with all relevant details, including:

• The police report number
• Photos of the damage
• Any medical records

Our best advice for dealing with insurance companies after a truck accident includes:

• Be honest and thorough in your account, but avoid admitting fault.
• Keep detailed records of all communications with the insurance company. This includes dates, times, and names of representatives you speak with.
• Be cautious when giving recorded statements. You have the right to consult with an attorney before providing any statements to the insurance company.

Negotiating a Settlement

Insurance companies often try to minimize payouts. Our advice for dealing with this includes:

• Be prepared for initial offers that may be lower than you expect. Don't accept the first offer without careful consideration.
• Gather all evidence of your damages, including medical bills, repair estimates, and documentation of lost wages. This information will strengthen your position during negotiations.
• Consider hiring an attorney experienced in truck accident cases. They can help you understand the true value of your claim and negotiate on your behalf.
• Be patient but persistent. Negotiations can take time, but don't let the insurance company pressure you into a quick settlement. You have the right to fair compensation for your injuries and damages.

Truck Accident Legal Proceedings and Compensation

Your attorney will start by investigating the accident and gathering evidence. This may include obtaining police reports, witness statements, and medical records. Next:

• They'll handle all communication with insurance companies and the trucking company's legal team. This protects you from potentially saying something that could harm your case.
• Your lawyer will calculate the full extent of your damages. They'll use this to negotiate a fair settlement on your behalf.
• If a settlement can't be reached, your attorney will prepare to take your case to trial. They'll guide you through each step, ensuring you're prepared for depositions and court appearances.

You can seek compensation for economic and non-economic damages:

• Economic damages include medical bills, lost wages, and property damage. These are tangible costs you've incurred due to the accident.
• Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. These are harder to quantify but equally important.
• In some cases, punitive damages may be awarded if the truck driver or company acted with gross negligence.

Your compensation amount depends on several factors:

• Medical expenses, both current and future, play a significant role
• Lost wages and potential loss of earning capacity are also considered
• The severity of your injuries and their impact on your daily life affect the calculation
• Insurance policy limits may influence the final amount you receive

Truck Accident Laws

Texas Truck Accident Laws

• Comparative Fault Rules: In Texas, comparative fault rules apply to truck accidents. You can recover damages if you're less than 51% responsible for the crash. Your compensation decreases based on your percentage of fault. For example, if you're 20% at fault, you'll receive 80% of the awarded damages. These rules can complicate your claim. Insurance companies may try to shift more blame onto you to reduce their payout. It's crucial to gather strong evidence supporting your side of the story.
• Statute of Limitations: You have a limited time to file a lawsuit after a truck accident in Texas. The statute of limitations is generally two years from the date of the accident. You may lose your right to seek compensation if you miss this deadline. There are some exceptions to this rule. For instance, if you discover injuries later, the clock might start ticking from that date. It's best to consult a lawyer soon after your accident to ensure you don't miss important deadlines. Acting quickly also helps preserve evidence and witness memories. This can strengthen your case and improve your chances of a favorable outcome.

Federal and State Truck Accident Laws

The Federal Motor Carrier Safety Administration (FMCSA) sets nationwide regulations for commercial trucks. These rules cover areas like:

• Maximum driving hours
• Vehicle weight limits
• Cargo securement

Texas also has its own trucking laws that complement federal regulations. The state enforces specific weight restrictions on highways and requires commercial drivers to obtain a Texas Commercial Driver's License (CDL).

Trucking companies must comply with both federal and state regulations. Violations can result in fines, license suspensions, or even criminal charges in severe cases.

Truck Maintenance and Driver Requirements

Regular truck maintenance is essential for safe operations. Companies must conduct routine inspections and repairs to ensure their vehicles meet safety standards.

Brakes, tires, and lighting systems require frequent checks, and trucking firms must keep detailed maintenance records for each vehicle in their fleet.

Driver requirements are equally important. Commercial drivers must:

• Pass medical examinations
• Complete specialized training
• Maintain a clean driving record
• Adhere to strict hours-of-service rules

CDL holders are subject to random drug and alcohol testing and must undergo periodic refresher courses to stay updated on safety practices and regulations.

Do I Need a Lawyer After Being Hit by a Truck in Texas?

After a truck accident in Texas, securing skilled legal representation is crucial for protecting your rights and pursuing fair compensation. For example:

• Truck accidents typically involve more severe injuries and higher damages than car crashes. A lawyer can help you pursue fair compensation for medical bills, lost wages, and pain and suffering.
• Insurance companies may try to minimize your payout. An experienced attorney can negotiate on your behalf and protect your rights throughout the claims process.
• Truck accident cases involve multiple parties, including the driver, trucking company, and, potentially, manufacturers. A lawyer can identify and build a strong case against all responsible parties.
• Evidence collection is critical in truck accident cases. Your attorney can gather crucial documents like driver logs, maintenance records, and black box data before they disappear.

Stewart J. Guss, Injury Lawyers, is Here to Help.

When you're facing the aftermath of a truck accident, you need a legal team that understands your struggles and has the expertise to fight for your rights. Stewart J. Guss, Injury Lawyers, has years of experience handling complex truck accident cases. Our team includes investigators, accident reconstruction experts, and medical professionals. We leave no stone unturned in building a strong case for you. You can rest assured that we'll thoroughly examine every aspect of your accident.

We have a proven track record of securing substantial settlements for our clients. Our attorneys are skilled negotiators and fierce litigators, ready to take your case to trial if necessary. More importantly, we operate on a contingency fee basis. This means you will only pay us if we win your case. We're confident in our abilities and committed to your success. You can Trust Guss to pursue the maximum compensation you deserve.

Don't face this challenging time alone. Contact Stewart J. Guss, Injury Lawyers, today to schedule your free consultation. Let us fight for you while you focus on your recovery.

Texas Truck Accident FAQ

What timeline can I expect for a truck accident settlement process?

Settlement timelines vary widely based on case complexity. Simple cases may resolve in months, while complex ones can take years. Factors affecting duration include injury severity, liability disputes, and insurance company cooperation.

In Texas, who can be held liable for a truck accident?

Potentially liable parties include the truck driver, trucking company, vehicle manufacturers, and cargo loaders. Texas follows a modified comparative fault rule, allowing you to seek damages if you're less than 51% at fault.

After a truck accident in Texas, am I entitled to compensation for emotional distress?

Yes, you may be eligible for compensation for emotional distress as part of non-economic damages. This can include anxiety, depression, or PTSD resulting from the accident. Documentation from mental health professionals can support your claim.

Can I still recover damages if I was partially at fault in the truck accident?

Under Texas law, you can recover damages if you're less than 51% at fault. Your percentage of fault will reduce your compensation. For example, if you're 20% at fault, you can recover 80% of the total damages.