What To Do After an Accident With a Commercial Truck in Texas

Any type of truck accident can be a stressful, traumatic experience that has the potential to result in lifelong injuries. However, one involving a commercial truck, which can weigh 30 times as much as a passenger vehicle, has even greater potential to have a detrimental impact on those involved. For example, you could have a destroyed car, require extensive emergency and ongoing care and not be able to return to your place of employment.

However, there are several steps that you can take in the immediate and long-term aftermath of a commercial truck accident to ensure that you are fairly reimbursed for your pain and suffering. Of course, these are all in addition to contacting a Texas-based truck accident lawyer, something that you should do as soon as possible to ensure that you maximize your chances of a fair settlement or ruling.

Also note that these steps do not only apply to those in vehicle-commercial truck wrecks. If you were a motorcyclist, bicyclist, pedestrian or otherwise connected with a commercial truck crash in Texas, you should respond to the situation similarly.

How Truck Crashes Are Different

Truck crashes are different from other kinds of vehicular accidents in a couple of primary ways.

The sheer size of many commercial vehicles has the potential to cause much more severe injuries and property damage as compared to other types.

Also, the driver may be employed by a company, one that has its own insurance policy, which you and your truck wreck lawyer should be working with as well.

Put Safety – and Distance – First

Before you think about anything else, make sure that you and everyone else who was involved in the crash, including anyone in the commercial truck, are safe. Move yourself and others, if you are able, away from any vehicles that are on fire and away from traffic. If you are not badly injured and your car is still drivable, ensure that it is not in traffic, but do also keep it as close to the accident scene as possible.

Dial 911 and Request EMS and Police

Call 911 and ask for EMS and police to ensure that you and everyone else who was involved in the wreck is okay or, if not, is treated as soon as possible and that a police report will be created.

As you do this, keep two things in mind. One is that with 911 calls being recorded, you want to be careful to not speculate as far as who is or may be at fault for the crash. The other is that the police report will include the officer’s independent observations of what happened and will be one of the most valuable documents that your truck crash lawyer will analyze closely as they build your case.

Also note that, according to Transportation Code 550.041, it is legally required that the police be called to the scene if anyone was injured or killed or there has been at least $1,000 of property damage in a crash that occurred on a public road in Texas. In other words, this is not only something that your commercial truck accident lawyer highly recommends that you do; the law requires it.

Exchange Essential Information

Once everyone has been treated, exchange information with the driver of the commercial truck. Make sure to get their full name, address, phone number, license number, USDOT number and insurance company’s name and phone number. If they are working for a company, also get that entity’s name and insurance provider’s name.

Be cordial as you do this, and do not discuss the accident or who was at fault for it or apologize for it.

Document the Scene Like an Investigator

Document the scene as thoroughly as possible. It may help to consider yourself as an investigator who always errs on the side of caution – i.e. if you are in doubt as to if something is important or not, record it as it is always better to have more evidence than you need than to later realize that, for example, you should have taken a photo of something but no longer can.

Amongst the most important things to note are the makes, models and license plate numbers of all vehicles and similar information about other types of property that were involved in the crash; taking photos or videos of them is one of the best ways to do that.

Also pay close attention to any damage that those vehicles and property suffered.

Note other aspects of the scene. Are there skid marks? Where are the vehicles right now, and where were they when the accident happened? Where did various car and truck parts fly to as a result of the wreck? What was the weather like? How about the road conditions and lighting? Record all of that information as best as you can.

At some point that day, you should write down or take a video of yourself talking about as many details of the crash as possible, doing so while what happened is still fresh in your mind.

Additionally, get contact information from any witnesses; your commercial truck accident lawyer may reach out to them later. Note that, generally, you should not get formal statements from them and should instead leave that to the police officer on scene and your truck crash attorney.

Seek Medical Care the Same Day

Even if EMS cleared you in the immediate aftermath of your truck crash, you should still seek non-urgent medical care that same day.

One of the main reasons why is because there are a number of injuries that may seem minor or even nonexistent now that can later develop into something significant. Examples include concussions, whiplash and various types of internal injuries.

Also, you are likely experiencing shock and adrenaline at this time, both of which can mask the severity of your injuries.

Delaying getting medical care not only has the potential to harm your chances of being fairly compensated for what happened since doubt could then be raised about the severity of your injuries, but this delay could also result in your experiencing significant physical and mental hardship.

Notify Your Insurer – but Be Brief

You should notify your insurance company within a day or so of your commercial truck accident. The exact timeline that must be followed in order for you to not lose your chances at full reimbursement varies from company to company and from policy to policy, but as long as you do so within 24 hours, that should suffice.

When you speak with them, be brief. Do not assign blame to any party, and do not speculate about fault. Simply say that you were involved in a commercial truck accident and that you have sought or will soon seek medical care.

You should not communicate with any other insurance companies, such as the commercial truck driver’s, until you have secured the services of a truck accident attorney and are doing so under their advisement. Also, do not speak further with your own insurance company unless you are being advised to under legal counsel.

Act Fast to Preserve Trucking Evidence

You should act fast as far as all evidence is concerned, and that includes making sure that all physical evidence related to the truck itself, such as the driver’s log data and, if there is one, black box, is included amongst your focuses.

Keep Your Vehicle As-Is

Although you likely want to get your car fixed as fast as possible, you should wait as it is best to give insurers the opportunity to inspect it first. Only get it repaired after your truck wreck attorney has given you the go-ahead to do so.

Once you receive that approval, make sure to get multiple estimates. That information could prove vital to your case, and only requesting one can result in the other side arguing that it was an inaccurate valuation.

Track Every Expense and Income Loss

The day of your truck wreck as well as in the weeks and months following, make sure to track every expense and income loss that you suffer. As noted above when you were documenting the crash site, you also want to be thorough as far as this is concerned. In other words, if you are unsure if an expense or income loss should be recorded, record it unless your truck wreck attorney has told you that doing so is unnecessary.

Being this detailed about your expenses and income loss is important because you could potentially receive various types of compensation. Not only are medical expenses, property damage and lost income amongst those, but so are pain and suffering, wrongful death damages and punitive damages.

Common Mistakes To Avoid

There are a few common mistakes that have been made by others who have experienced commercial truck wrecks that you can learn from and avoid.

Missing the Statute of Limitations

Keep the statute of limitations in mind. In these types of circumstances, this timeline is usually two years. In other words, a claim must normally be filed within two years of the date of the accident. Do not miss this as doing so and then bringing your case forward will usually result in it being denied on those grounds.

However, there are some exceptions to that statute of limitations. Examples include the victim being a minor at the time of the crash and the plaintiff being mentally incapacitated. In any case, a car crash attorney will analyze your circumstances and determine if the two-year timeline does not apply to you.

Trusting Insurance Companies

Regardless of if you are talking with your own insurance company or another driver’s, keep in mind that they usually have their own well-being as their focus, not yours. As a result, they will usually attempt to pay as small of an amount as possible, and this may be done while they are communicating what seems like genuine concern for you. For that reason, you should never accept an offer from an insurance company without first speaking with your commercial truck attorney.

Apologizing

Apologizing could later be interpreted as you admitting fault for the crash. Also avoid saying anything else that could be construed as you communicating that the wreck was your fault.

Not Realizing How Complicated the Legal Situation Can Be

Sometimes, there are several entities that end up legally involved with a commercial vehicle wreck. One example would be a drunk driver who swerved into the truck driver’s lane, and that individual then swerved into your lane and crashed into you. Another example could be a road designer or product manufacturer that may ultimately be held responsible for what happened. Even the government could be at fault, possibly because the roadway was not maintained as is legally required.

A vehicle crash attorney can untangle and simplify all of that for you.

Waiting to Reach Out to a Truck Wreck Lawyer

Unless you are a commercial truck accident attorney yourself, it is likely that you will make some significant errors in judgement as you attempt to navigate this process and ensure that you are fairly reimbursed for what occurred on that Texas road.

This legal representation not only fully understands the relevant laws but also knows what tactics insurance companies use against people in your situation as well as the best way to thoroughly investigate and analyze the accident. The longer you wait, the more challenging it becomes for them to help you and get you fairly compensated.

Discussing the Accident on Social Media

It is understandable to want to discuss what happened to you on social media if you usually do so for other significant things that have occurred in your life. However, you should refrain from doing that here as what you say online can be used against you later, including if you have set your profile on private.

Quick Checklist

Here is a quick checklist of some of the most important things that you should do after you have been part of a commercial truck wreck:

• Ensure that you and everyone else are safe and away from fiery vehicles and traffic.
• Call 911 and request EMS and police.
• Exchange essential information with those involved with and who witnessed the crash.
• Take notes, photos and videos of the crash site.
• Seek medical care to ensure that any minor or seemingly nonexistent injuries are treated.
• Tell your insurance company that you were in a crash and are seeking medical assistance.
• Track your expenses and income loss.
• Repair your vehicle but only after your truck accident lawyer has given you the go-ahead to.