Detailed Answer
This section explains, step-by-step, how to protect your legal rights and file a claim in Texas after a truck crash that caused your injuries. Follow these steps quickly and carefully to preserve evidence and meet legal deadlines.
1. Immediate safety and documentation
- Call 911 and get medical help immediately. Your health is the top priority.
- Ask police officers to come to the scene and create an official crash report.
- Treat all injuries seriously and follow up with medical providers. Medical records are key evidence in any claim.
- Take photos and video of the scene, vehicle damage, road conditions, traffic signs, skid marks, your injuries, and visible property loss.
2. Collect identifying and witness information
- Get the truck driver’s name, employer, license plate, USDOT or MC number (often on the truck’s door), and insurance information if available.
- Collect contact information for all witnesses and note what each saw.
- If the truck has a trailer, note the trailer number and carrier markings.
3. Report and obtain the official crash report
Order a copy of the crash report through the Texas authorities (TxDOT/Crash Records). The state keeps crash reports and they help prove what happened. See the Texas Department of Transportation crash-report page: https://www.txdot.gov/government/enforcement/crash-report.html.
4. Preserve key evidence specific to truck crashes
Commercial-truck claims often require investigation beyond typical car crashes. Preserve and collect:
- Electronic logging device (ELD) / black box data and the driver’s hours-of-service records.
- Maintenance and inspection records for the truck.
- Carrier insurance and safety records (carrier name, USDOT number). You can look up a carrier via federal FMCSA systems such as the SAFER Query at safer.fmcsa.dot.gov.
- Surveillance or dash-cam video. Ask local businesses or traffic authorities for any cameras that may have recorded the crash.
5. Notify your insurer and the truck carrier’s insurer
Report the crash to your own auto insurer promptly (honestly and briefly). You should also provide a notice to the truck carrier’s insurer once you identify it. Do not give recorded statements or sign releases without legal advice, especially for serious injuries.
6. Understand Texas deadlines and special notice rules
In Texas, most personal-injury claims must be filed within two years of the crash. See Texas Civil Practice & Remedies Code §16.003: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003. If a government vehicle or governmental entity caused the crash, you must give written notice much sooner—usually within six months—under the Texas Tort Claims Act. See Texas Civil Practice & Remedies Code §101.101: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm#101.101.
7. Build your damage claim
Document and quantify your damages. Typical recoverable damages in Texas include:
- Past and future medical expenses
- Lost wages and lost earning capacity
- Property damage
- Pain, suffering, and mental anguish
Keep bills, paystubs, medical records, and repair estimates. These items support your settlement demand or lawsuit claim.
8. Filing a claim and the legal process
Most truck-crash claims start with a written demand to the truck carrier’s insurer. If negotiations do not produce a fair settlement, you may file a lawsuit in Texas state court before the statute of limitations expires. Cases against municipal or state entities require strict pre-suit notice and shorter deadlines—consult a lawyer quickly if a government driver or agency is involved.
9. Consider hiring an attorney experienced with truck cases
Truck-crash cases often involve multiple liable parties (driver, motor carrier, vehicle owner, maintenance provider), federal regulatory documentation, and complex insurance issues. An attorney can help:
- Preserve ELD/black-box data and subpoena records
- Obtain maintenance logs, driver records, and carrier insurance information
- Negotiate with large insurers and prepare a lawsuit if needed
10. Typical timeline and what to expect
Minor injury claims may settle in weeks to months after demands and medical records review. Serious-injury claims often take many months to investigate and negotiate. If negotiation fails, litigation adds months or years depending on the court schedule, discovery complexity, and whether the case goes to trial.
What statutes and official resources can help?
- Texas statute of limitations for personal injuries: Texas Civil Practice & Remedies Code §16.003 — https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003
- Notice requirements for claims against governmental entities: Texas Civil Practice & Remedies Code §101.101 — https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm#101.101
- Order or search crash reports: Texas Department of Transportation — https://www.txdot.gov/government/enforcement/crash-report.html
- Look up carrier information and USDOT numbers: FMCSA SAFER/Company Snapshot — https://safer.fmcsa.dot.gov
Important timelines summary: File most personal-injury lawsuits within two years under Tex. Civ. Prac. & Rem. Code §16.003. Give prompt written notice (often within six months) if a government actor is involved under Tex. Civ. Prac. & Rem. Code §101.101.
Disclaimer: This article explains general Texas procedure and does not provide legal advice. It is not a substitute for consulting a licensed attorney who can evaluate your specific situation.
Helpful Hints
- Seek medical attention even for injuries that seem minor. Some injuries worsen over time and medical records link injuries to the crash.
- Write down everything you remember about the crash while memories are fresh: weather, time, driver behavior, and conversations at the scene.
- Do not accept the first settlement offer without comparing it to documented medical costs and projected future needs.
- Get the truck’s USDOT/MC number (painted on the door). It helps identify the carrier and their insurance and safety record.
- Request and preserve ELD/black-box data quickly. These records may be erased or altered over time.
- If the crash involves a government vehicle, contact an attorney immediately to ensure you meet strict notice requirements.
- Keep a folder (digital or paper) of all crash-related documents: photos, medical bills, receipts, communications, and repair estimates.
- Before giving recorded statements to the truck carrier’s insurer, consider talking to a lawyer—insurance adjusters often record statements to limit payouts.