Trucks are a critical component in the transport industry. A significant amount of freight travels by road to its final destination. The same applies even if you use other means of moving cargo like trains or ships. The last leg of the journey will still be via trucks.

Trucks can handle tons of goods, making them very efficient. Suffice it to say that many economies would fail without the trucking industry.

But, there is also the less pleasant side of the trucking industry. The sector is a significant contributor to road accidents. In the US alone, over 4,000 people die every year due to truck accidents. 130,000 suffer from injuries due to the same. 14% of light truck fatalities occur due to speeding.

Other significant contributors are distractions and impairment. Since 2009, there has been a 50% increase in truck accidents. If you put these statistics into context, the ramifications are staggering. Yet the reality is that we cannot do without those giant monsters on wheels on our roads.

Now, what happens if you find yourself in the unfortunate position of being in a truck accident? We will share some constructive tips below.

Assess the Situation

Any type of road accident will be traumatizing. So it is understandable that you may not be in your right mind in the first few minutes. Once you’ve had the opportunity to settle down a little, assess the situation.

The first thing to do is to check if everyone is alright. If there are injuries, please resist the temptation to move anyone. Unless, of course, there is a danger of explosion or further injuries. If the accident occurred on a highway, move to a safe location. Turn on the hazard lights as a warning to other road users.

Call for medical attention to take care of any injured parties. Your quick action could save lives.

Call the Police

The next step is to call the police. They will need to come in and file a report of the accident. Stick to facts when talking to the authorities. The documentation will prove useful if you, for example, decide to file a personal injury lawsuit.

You will also need to notify your insurance underwriters about the accident.

Understand Your Rights

Please note that you have some rights at the scene of the accident. You have the right to refuse to append your signature on any documents. You also have the right to request legal representation if you feel the need. A truck accident lawyer has the expertise to deal with such cases.

Also, do not accept liability for anything. The reason is that common causes of large truck accidents are attributable to the driver or trucking company. These include:-

Driving under the influence
Distracted driving
Fatigue or lack of sleep due to long working hours
Road rage
Texting while driving
Improper maintenance of the vehicles and more.

You can be sure that their insurance underwriters would do anything to get out of paying for the damages. That is why you should not say anything they can use to turn the case against you.

Your truck accident attorney would also advise against apologizing. The other party can interpret your good manners as an admission of guilt.

Also, do not accept any settlements at the scene of the accident. It may be tempting to get over the inconvenience as fast as possible. But, what you agree to may not be sufficient to cover the cost. You can’t, for example, know how much you will spend on medical bills without knowing the extent or type of injuries.

Document the Scene and Gather Evidence

In the best-case scenario, you can walk around if you don’t have any severe injuries. Use this time to gather evidence.

Nowadays, we have the advantage of smartphones that come with cameras. Take pictures and video footage as evidence of the damages. The damages apply to you and the vehicles.

Taking photographs of bruises, for instance, can be valuable evidence in a personal injury lawsuit. The other team’s lawyer may argue that you sustained the injuries later. But, the on-the-scene pictures will prove otherwise.

It also doesn’t hurt to speak to witnesses. Please remember to get contact information from everyone involved in the accident, including the reporting officer and the truck driver. Also, remember to take insurance information from the truck drivers.

Seek Medical Attention

As soon as you can leave the accident site, seek medical attention. This is important even if you have no visible injuries and feel fine. A thorough examination may unveil injuries you may not experience right away on first inspection. Remember, you may still be in shock or have an adrenaline high at this stage.

Another reason for seeking medical treatment is for the documentation. Remember, insurance companies don’t make money or huge profits by paying out claims. If they can find any way to discredit your claims, they will do it. Lack of a medical report would be a perfect way out for them.

Hire a Truck Accident Lawyer

We have touched on legal representation as one of your rights at the accident scene. Now, if you sustained injuries due to negligence on the truck driver’s part, you can file a personal injury lawsuit. This allows you to seek monetary compensation for any losses arising from the accident. If you sustained injuries, you can be sure of substantial medical bills. You may also have to take time off work, meaning lost wages.

Hiring a lawyer is crucial because you can be sure the trucking company will not want to accept liability. They also have more money to release a barrage of lawyers on you, so they don’t have to pay.

Also, please remember the point we made earlier about insurance companies. The truth is they will look for a way not to pay a lot of money in compensation. Whatever they offer may not be enough for the pain, injuries, and loss of income post-accident.

There is another factor you must keep in mind as well. And it falls under the strict liability tort. You see, the accident could have nothing to do with the truck driver at all. It could be due to a product defect which traces the problem back to the truck manufacturers.

The trucking company may also be at fault. Lack of sufficient truck driver training would be a breach of duty of care. As a layman, you may not understand the nuances of personal injury lawsuits after a truck accident.

A truck lawyer has the investigative knowledge and resources to uncover such issues. They will go after the right defendant, thus increasing your chances of getting a settlement.

There are specific factors to pay attention to when looking for a truck accident lawyer.

Industry Reputation

Take time to check the reputation of the truck accident lawyers. The internet has made it easy to check for information. A few hours in front of your computer and the correct search query will yield tons of information.

See what other clients have to say by reading reviews and testimonials. Check what industry bodies the attorneys or firms belong to. That is a good indication that they are authentic and worthy of consideration.

Expertise

Experience in truck accidents is a must. A commercial lawyer may have a general understanding, but that is not their area of specialty. Also, the truck accident attorney should have a good grasp of state-specific laws, as each has its own interpretation.

The same knowledge is necessary for truck regulation laws and industry guidelines. An example would be the FMCSA or Federal Motor Carrier Safety Administration. Any company contravening the rules as per the policy is liable to penalties and more. The information will be critical for the accident lawyer to develop a strong case for you.

Litigation Experience

Not every lawyer has litigation experience. Some will have a sterling record with out-of-court settlements. But they may not do so well If your case ends up in court. Jury and trial experience must be some of the factors you consider when hiring an attorney. Do ask for the trial record and see how many cases they have brought to a successful conclusion.

Resource Allocation

Litigating truck accidents is a resource-intensive process. Does the lawyer have the necessary team to handle your case? Reputable ones have in-house investigators, medical experts, and more. They will also avail a representative who you can talk to anytime you need to. Someone who will keep you updated on the case proceedings, so you are always in the know.

Final Thoughts

We have looked at critical steps that you can take after a truck accident to ensure your post-accident claims and to aid you in the process of personal injury litigation. The first step is to ensure that you are alright. Getting medical attention should be a priority if there are any serious injuries. Call the police, gather evidence, and seek medical treatment. No one should force you into signing any documents or accepting any settlement.

We have also touched on hiring a personal injury or truck accident attorney. They will come in handy if you decide to pursue any compensation from the trucking company. Proper due diligence is critical to ensure that you are hiring the right team.

As a trucker, safety is your number one priority. When an accident happens, there’s a lot to consider.

How do insurance claims work? Who is liable? Who will pay for your medical bills? When can you return to your job? It’s an intimidating situation, to say the least.

As a Houston truck accident lawyer and head of my own personal injury firm for over 20 years, I’m here to give you the details. Below you’ll find the steps you need to take for a smooth recovery—physically and financially.

Truck Accident Liability: Who’s At Fault?

The basis of every personal injury case is simple: someone’s negligence hurt someone else. The negligent person is known as the “liable” or “at-fault” party.

In truck accident cases, there could be multiple liable parties and multiple insurance companies to deal with. The goal of a truck accident lawyer is to determine which parties should be held responsible for an injured victim’s losses and expenses, and then pursue maximum compensation from all the available sources.

So who is liable for a truck accident?

In general, trucking companies are responsible for accidents caused by their drivers as long as the driver is “on the clock” at the time of the accident, acting “within the scope of employment.” Exceptions to this rule include:

-if the driver was an independent contractor

-if the driver intentionally caused the accident

-if the driver was given a ticket

Were you given a ticket at the scene of the accident? You’re more likely to be placed at fault if you broke the law by speeding, driving under the influence, or violating company regulations, just to name a few possibilities.

If you were employed by a company, the injured victim(s) will probably go after your employer, not after you individually. This is because trucking companies tend to hold commercial insurance policies with higher payout limits.

There are many ways a trucking company could contribute to an accident. For example, did these employers fail to properly service their trucks? Did they set unreasonable goals for their truckers, forcing them to drive in unsafe conditions or exceed federal restrictions for the number of driving hours? Did they hire irresponsible drivers without doing background checks? Did they fail to provide proper training? There are a ton of possibilities, and a truck accident lawyer will investigate them all.

Here are other potentially liable parties in a truck accident:

Other Motorists

Drivers in smaller cars can cause trouble for big trucks. Did an aggressive driver cut you off? Did traffic come to a sudden standstill? Many factors come into play here.

Truck Manufacturers

Auto parts manufacturers are responsible for producing safe vehicles and parts free of defects. If a faulty auto part causes an accident, the manufacturing company may share the blame for the accident. Truck accident lawyers, crash reconstruction experts, and investigators can help you get to the bottom of this.

Fleet Mechanics

Fleet mechanics conduct routine inspections on trucks to ensure they’re safe to take on the road. If a mechanic fails to notice a problem that later causes a wreck, it can quickly turn into a matter of life and death! They could potentially be liable for accident-related damages.

Whoever Loaded the Truck

Did cargo fall off of the truck and cause an accident? Did the shifting weight of an unsecured load contribute to a rollover? In scenarios like these, it’s important to find out who loaded the truck and what company they worked for. Shippers and loaders may be held responsible for any accidents related to unsecured cargo.

Remember: truck drivers are protected from retaliation under federal law. You cannot be fired for reporting hazardous working conditions to the Occupational Safety and Health Administration (OSHA). If you notice shady practices, speak up. You could save a life.

Other Common Causes of Houston Truck Accidents

Speeding

If you need to meet a particularly tight deadline, you may be tempted to go over the speed limit. Don’t press your luck. “Failure to control speed” was a factor in more than 113,000 auto accidents in Texas last year. 475 were fatal.

Distracted Driving

This is a broad category: snacking, checking a map, talking on the phone, you name it! Always remember to check your blind spots, and never engage in any behavior that takes your hands off the wheel, your eyes off the road, or your mind off of driving.

Fatigued Driving

Unfortunately, exhaustion is a common issue among long-haul truck drivers. That’s why the FMCSA wants you to keep your logbooks up-to-date and allow for adequate break times. Did you know drowsy driving is just as dangerous as drunk driving? Speaking of…

Driving While Intoxicated

In 2020, there were 75 fatal DUI accidents in Houston alone. Drunk driving contributed to an additional 2,280 accidents in the city. Trucking companies are supposed to conduct routine drug tests, but they don’t always follow this rule. Never turn to alcohol or drugs to cope with the stress and monotony of long journeys.

Mechanical Problems

Tire blowouts, faulty brakes, and shifting cargo can all cause problems for large trucks. This is why they require thorough routine inspections. Trucking companies are responsible for conducting these inspections and properly maintaining their fleet in order to keep everyone on the road safe and sound.

Environmental Factors

Even if you’re a safe and responsible driver, you may be unlucky enough to encounter roads with sudden or sharp curves, unexpected debris, or bad weather conditions like wind and rain. All of these increase the likelihood of a truck accident.

What Do I Do After a Truck Accident?

Now you know who might be liable for a truck accident, but how do you prove it?

After any accident, follow these steps:

#1. Call 911

Truck accidents often leave devastating injuries in their wake. Even if no one seems injured, you still need to call to report the accident, and the police need to visit the scene so they can create an accident report.

Note: Texas law requires you to report any auto accident that involves injury, death, or more than $1,000 of property damage.

In addition to a police accident report, your company should have established a process on how you can create your own accident report. Your report will include as many details as possible, such as the date, time, weather conditions, and location of the accident, and contact information and insurance information for anyone else who was involved. Do not leave the scene of the accident until an officer instructs you to.

#2. Exchange Info and Collect Evidence

Stop and exchange contact info and insurance info with everyone involved. Carefully take photos of the vehicles and surrounding area. Don’t make a statement, don’t admit fault, and don’t speculate! It sounds easy enough, but when you’re nervous and stressed, you may say things that will harm your claim.

It’s important to preserve all evidence as soon as possible. Truck accident lawyers know how to track down every bit of available evidence, such as:

-Photos of the accident scene and damaged property

-Eyewitness testimony

-Police reports (Note: police reports don’t always determine fault, and when they do, they aren’t always 100% correct.)

-Truck black boxes (These devices record info like the speed at which the truck was traveling, how long the driver was on the road, and when they used their brakes.)

-Dashcam footage or other surveillance videos

-Logbooks and trucking company records

-Cell phone records

-Medical records

Subpoenas allow your truck accident attorney to access trucking company logbooks, truck GPS system records, the black box, cell phone records, and more. These sources provide valuable supporting evidence for your Houston truck accident case, helping you maximize your settlement.

#3. Go to a Doctor ASAP

After a truck accident, prompt medical care is important. Even if you weren’t whisked away in an ambulance, you need to see a doctor and follow through with any recommended medical treatment.

The treatment process uncovers details about injuries you suffered in the crash and how they’ll change your daily life. When accident victims try to ignore their aches and pains, the results are never good. Sometimes, symptoms of serious injuries don’t appear until days after the accident. Additionally, insurance adjusters will use any “gaps in treatment” to deny your claim. Don’t delay.

Lawyers have networks of doctors, therapists, investigators, and other experts. Together, they collaborate on cases and help injured victims recover. Whether you need x-rays, physical therapy, a rental car, or all of the above, we’ve got you covered. Best of all, you won’t pay a cent out of your own pocket. Thanks to liens and letters of protection, your lawyer can coordinate payment with various providers via a portion of your final truck accident settlement. You won’t have to worry about following up and settling these bills—that’s our job, too!

#4. Report the Accident, But Never Give A Recorded Statement

If you are working for a trucking company, they should provide you with insurance coverage, but you’ll still need to call and report the accident. Proceed with caution! Insurance adjusters might act friendly, but they’ll twist your words and accuse you of exaggerating your losses. They’ll ask you for a recorded statement, and anything you say can—and will—be used against you!

There is no obligation to provide a recorded statement to the insurance company.

Bottom line? Don’t let anyone pressure you. Your best option is to direct all further communication to your truck accident attorney. Insurance companies aren’t on your side, but a truck accident lawyer can be a vital ally against them. Let us protect your rights and your finances.

Most accident claims settle out of court during the negotiation phase. However, if you cannot reach an agreement even with the help of a mediator, you’ll move on to litigation.

#5. Contact A Local Truck Accident Lawyer

Most Houston truck accident lawyers work for a contingency fee. This means you pay nothing upfront and nothing at all unless you win; payment is entirely contingent on the success of your case. Put simply, we don’t get paid unless you get paid! Legal fees are taken from a percentage of your final settlement award. This percentage is usually discussed during your initial consultation, and this arrangement ensures the lawyer’s goals are aligned with your goals.

Houston Truck Accident FAQ

Will I Get Penalized for a Truck Accident?

All commercial truckers need a Commercial Driver’s License (CDL.) Since your CDL is regulated by the Federal Government, fines and other punishments may be stricter for you than for the average person.

Additionally, you will have to undergo drug and alcohol testing soon after the crash. Bad results could get you fired on the spot. Your license may even be revoked, preventing you from continuing in the trucking industry.

Having an accident doesn’t always mean you will be fired, but keep in mind your driving history and criminal record may be checked. Further, the Federal Motor Carrier Safety Administration (FMCSA) states that each motor carrier shall conduct an annual inquiry/review of the driving record for each driver under their employ, where they’ll see any “points” on your license. If you have more than one accident on your record, it will be tough to find another truck driving job.

What if I’m Partly at Fault for the Truck Accident?

Texas is a “proportionate responsibility” state, so even if you’re found partially at fault for a truck accident, you can still recover damages. You just have to be less than 50% at fault. Reach out to a Houston truck accident lawyer for more info on how fault is determined.

Who Can File A Wrongful Death Claim in A Fatal Houston Truck Accident?

The Texas Wrongful Death Act allows certain relatives to pursue compensation if they’ve lost a loved one in a truck accident. The surviving spouse, children, or parents of the deceased victim can sue for the damages and suffering associated with the loss of their loved one. They can file the claim either individually or together as a group. If no one files within three months of the date of death, a representative of the estate can file on their behalf.

What Are My Potential Damages?

The money you collect from a personal injury claim is known as your “damages.” Damages are divided into different categories.

Economic Damages

Economic damages include things like property damage and medical bills. The exact amounts of these losses and expenses are easily proven with copies of your bills and receipts. Additionally, if you had to take time off work while recovering from your injuries, you can be compensated for your lost wages. This can be done by providing past pay stubs, timesheets, and/or a statement from your employer. If your injuries are severe enough to permanently change the course of your career, your lost earning capacity will be included in your damages as well. Sound confusing? Don’t worry; a lawyer can help you keep track of everything.

Non-Economic Damages

Non-economic damages refer to more abstract losses like your pain and suffering. In addition to being emotionally distressing, your Houston truck accident might cause you to miss important events, quit your hobbies, or leave you unable to support your family. PTSD symptoms like insomnia and anxiety would also be included under pain and suffering.

Punitive Damages

A third category known as punitive damages applies only in scenarios where the at-fault driver was particularly reckless. (For example, if the other driver was arrested for drunk driving at the time of the crash.) Punitive damages exist to punish the at-fault driver for bad behavior and discourage others from being negligent.

When Should I Hire A Truck Accident Lawyer?

When should you hire a Houston truck accident lawyer?

As soon as you can!

It may shock you to hear all truck accident cases have a time limit known as the statute of limitations. This differs from state to state, but the statute of limitations in Texas is two years.

Two years seems like a long time, but your team will need time to investigate and compile evidence. The countdown starts the moment your accident happens. If you don’t take action before the deadline, the case may be thrown out entirely. Protect your rights by contacting a truck accident lawyer.

Still Lost? Free Consultations Available Now

Handling a truck accident case is a full-time job. Don’t do it alone. Let an experienced Houston truck accident lawyer handle the messy details while you focus on what matters most: your health and recovery.

Since they’re well-versed in commercial trucking regulations and industry standards, truck accident lawyers can help you secure way more compensation than you ever could alone. Entering the showdown alone could mean you miss out on thousands or even millions of dollars of a truck accident settlement.

Don’t miss out on the money you need.

Get a free case evaluation from a Houston truck accident lawyer today!

How to Deal With a Truck Accident