The reality is that truck accidents are not your typical car crash. Hurtling down the highway at high rates of speed, tractor-trailers can inflict severe damage quickly.

Depending on the circumstances, victims can suffer life-altering injuries. Common injuries from truck accidents include:

• Brain injuries

• Spinal cord damage

• Back injuries

• Broken bones

• Amputations

• Death

These cases are also more complex than your typical car crash. Navigating deadlines, regulations, corporate attorneys… it can feel overwhelming. 

And when insurance companies offer quick settlements, it’s tempting to take the money and run.

Don’t make that mistake.

You deserve compensation if a negligent truck driver hurts you. But trucking companies will do whatever they can to pay you as little as possible.

They have teams of lawyers and insurance adjusters ready to protect the company’s interests within hours of an accident. If you want to protect yourself, you have to know what to do.

Keep reading for a step-by-step guide on what to do after a truck accident. We’ll explain exactly why each step is important and what you can do to strengthen your claim.

(Note that we reference Texas law throughout this article as an example. The same principles apply in all 50 states. However, deadlines and reporting requirements may differ depending on where your accident occurred. Always double-check your local laws.)

America’s Truck Accident Network helps injury victims nationwide connect with qualified truck accident attorneys. If you’re looking for legal help, don’t wait to get in touch. We can help.

But if you want to learn what to do after an accident, read on.

What Steps You Should Take After a Truck Accident

Truck accidents differ from standard motor vehicle accidents. There are more regulations. Multiple insurance companies may be involved. There could be multiple parties at fault.

That’s why it’s important to know what to do after a truck accident if you’re hurt. The right steps help you preserve evidence and build your case from day one.

Doing the wrong thing could derail your entire case.

Here’s what you should do after a truck accident.

1. Ensure Safety and Call 911

If you can do so safely, get yourself and any passengers out of traffic. Turn your hazard lights on and do anything you can to prevent a secondary accident.

Then call 911.

Having police at the scene is crucial. Not only will they direct traffic, but they’ll also generate an official report.

Accident reports are used as evidence later on. So, make sure the police show up.

Don’t assume someone else called.

Texas law requires drivers involved in an accident resulting in injury, death, or a disabled vehicle to report it to law enforcement immediately (Tex. Transp. Code § 550.026).

Failure to report an accident isn’t just a crime. If the trucking company argues you left the scene without contacting the police, it hurts your credibility.

2. Seek Medical Attention Right Away

Next, you should get checked out by a doctor, even if you feel okay.

Listen, we know you feel fine right now. That’s adrenaline talking. We see it all the time.

The most serious injuries from truck accidents are often “invisible” at the scene. Internal bleeding, traumatic brain injuries, soft tissue damage, spinal cord trauma, and organ damage. These things may not reveal themselves until days or weeks later.

Your medical records are your evidence.

Insurance companies will argue your injuries weren’t caused by the accident or aren’t as serious as you claim. Without medical records to support your story, your claim becomes significantly harder to prove.

If you wait a week to see a doctor, they’ll ask why. Don’t let them argue about whether your injuries were caused by the crash while you suffer. Don’t make this mistake.

3. Document the Accident Scene

If you can move around and aren’t too hurt, start documenting.

• Pull out your phone and take pictures of:

• All vehicles involved, including damage

• The truck’s company name, DOT number, and license plate

• Street signs and signals

• Weather and lighting conditions

• Your injuries, including bruises, cuts, and swelling

Take notes on:

• Truck driver’s name, license number, and contact info

• Trucking company name and insurance information

• Witness contact information and statements

Anything you can document that doesn’t leave your head. Your memory of the crash will fade over time. 

Don’t forget to document as soon as it’s safe to do so.

Keep in mind, trucking companies usually send their own investigator to the scene within hours (sometimes minutes). That person’s job is to gather evidence to support the company’s version of events. They don’t care about you.

When you take your own photos and document details yourself, it prevents the company from completely controlling the narrative.

4. Stay at the Scene & Exchange Information

Asking you not to leave the scene of an accident should be obvious. But we’re saying it anyway.

In Texas, the driver of any vehicle involved in a crash must:

• Immediately stop at the scene of the crash (Tex. Transp. Code § 550.021)

• Give their name, address, and insurance information to the other parties (Tex. Transp. Code § 550.023)

• Provide reasonable assistance to anyone injured (Tex. Transp. Code § 550.023(b))

These requirements apply to accidents involving injuries, death, or damage to a vehicle unable to be moved (Tex. Transp. Code § 550.022).

Leaving the scene is a crime.

Hit and runs involving injury or death are felony offenses in Texas. You can still be liable for damages even if you weren’t technically “at fault” for the accident. But leaving the scene sabotages your claim and could get you into trouble.

Stay put. Exchange information. Talk to the police. Then you can worry about protecting your rights.

5. Be Careful What You Say

Remember how we told you to document everything?

Well, that doesn’t include conversations with the truck driver.

Let your attorney do the talking. If you must speak to the truck driver:

• Do not admit fault or apologize for the accident.

• Do not discuss who you think caused the accident.

• Do not give a recorded statement to the insurance company.

This advice doubles for dealing with insurance adjusters.

The trucking company’s insurance will likely reach out to you after the accident to “offer their help.” These representatives are skilled negotiators. Their goal is to get you to say something, anything, that lets them pay you as little as possible.

Limit communication and let your attorney handle further discussions.

6. Notify Your Insurance Company (& Not Much Else)

This is a tricky one. You should notify your insurance company that you were in an accident involving a truck. However, that doesn’t mean you have to give them the entire playbook on your case.

You should definitely report the accident to your insurance provider. Most insurance policies require you to do so.

But a notification letter is different from giving a recorded statement. You don’t have to hand over your claim to the insurance company just because you carry a policy with them.

Tell them what happened. Leave it at that.

They’ll conduct their own investigation. So let them.

 

7. Verify Proper Reporting Occurred

Police will usually file an accident report when they respond to a truck crash. But you should double-check that an officer filed one before you leave the scene.

Drivers are required to file an accident report within 10 days if police do not file one in Texas. But that’s only if the accident involved an injury, death, or damage to a vehicle unable to be moved (Tex. Transp. Code § 550.061).

If an accident report is never filed, it hurts your credibility.

Insurance companies thrive on ambiguity. If there is no police report, they can argue all kinds of crazy stuff about how your version of events isn’t credible.

You know what’s credible? A police report detailing your statements and the other driver’s fault.

Follow up with the police department after filing a report. Verify they completed one. Ask for a copy for your records.

8. Critical Trucking Evidence Should Be Preserved

Truck accident claims revolve around evidence controlled by the trucking company. And some of it can disappear overnight.

Federal law requires motor carriers to maintain an accident register and related records following certain crashes (49 C.F.R. § 390.15). That doesn’t mean it’s actually preserved, though.

Here are a few types of evidence destroyed or altered by trucking companies we’ve seen:

• Black box data showing speed, braking, throttle, and engine information before an accident

• Electronic logging device data showing driver hours of service

• Driver qualification files

• Maintenance and inspection records

• Dispatch and route records

• Dashcam video or surveillance footage

Some of this information can be permanently deleted in a matter of days.

That’s why your attorney should send what’s called a spoliation letter to the trucking company as soon as possible. It’s a formal request that they preserve all evidence (including that listed above) related to the crash.

If the trucking company destroys or loses evidence after receiving the spoliation letter, they open themselves up to sanctions by the court. But if your attorney does nothing, who’s to stop them from letting it disappear?

9. Know About Federal Post-Accident Drug Testing Requirements

Truck drivers and trucking companies have additional obligations under federal law if they are involved in a qualifying accident.

Chief among them is drug testing.

Drivers and trucking companies must comply with the FMCSA’s post-accident drug testing regulations. Per 49 C.F.R. § 382.303, a post-accident test is required in certain circumstances, including when a crash involves a fatality, or when a driver receives a citation and the accident results in injury or a vehicle being towed.

Trucking companies frequently violate these regulations. And it can help your case.

Every year, we come across trucking companies that delay required testing. Companies that refuse to test. Companies that “lose” test results.

If the driver was intoxicated at the time of the accident, that’s great evidence in your case. If the trucking company failed to follow federal testing regulations, that failure can be used to show negligence.

Your attorney will know how to request those records and use them to your advantage.

10. Avoid Quick Settlement Offers

If everything we told you to do above is followed, you may receive a settlement offer sooner than you think.

Don’t take it.

Seriously.

When insurance companies make you settlement offers following a truck accident, they’re betting on you being anxious to settle your claim.

They know you don’t know how bad your injuries are yet. They know you don’t know if you’re going to need surgery. They know nothing about what your life is going to look like down the road.

And that’s exactly how they want you to feel when they offer you a settlement.

Once a settlement is signed, it’s over. You can’t go back next month and say, “Hey, remember that car accident we settled? Well, my medical bills just came in, and they’re twice what we thought. Can you give me more money?”

Speak with an attorney before you do anything, especially before you accept a settlement check.

11. Contact a Truck Accident Attorney ASAP

• Handling a truck accident claim on your own is never a good idea. Cases like these involve:

• Regulations most personal injury lawyers have never heard of

• Multi-million dollar companies with big law firms on retainer

• Policy limits in the millions

• Multiple parties that could be liable

Your attorney will:

• Preserve important evidence

• Investigate every party that could be held liable

• Communicate with insurance companies on your behalf

• Build your case to maximize your compensation

And that list doesn’t even scratch the surface of what an experienced truck accident lawyer can do for you.

Timing is everything.

If you wait too long, evidence is destroyed. Statutes of limitations expire. The trucking company’s lawyers are already working.

You should be, too.

Connect with a qualified truck accident attorney today.

Why Truck Accidents Are Different Than Car Crashes

If you’ve been in a car accident before, you might be thinking truck accidents are pretty similar.

They’re not.

Here are some reasons why.

Multiple Potentially Liable Parties

You could be dealing with the driver, the trucking company that employs them, a trailer owner, the company that loaded the cargo, a maintenance provider, a parts manufacturer… It goes on.

Layers of Federal Regulations

Then there are regulations from the FMCSA covering driver qualifications, drug testing, hours of service, maintenance requirements, etc.

Your state’s traffic laws also apply, along with the rules of civil procedure and personal injury law.

Insurance claims include both your own policy and the truck’s insurance policy. Trucking companies also often have extensive corporate insurance policies in addition to their commercial auto insurance.

Burdensome Reporting Requirements

Federal law requires drivers and trucking companies to file reports after an accident. Drivers have a host of recordkeeping requirements as well.

All of this is saying one thing:

Handling a truck accident on your own is inviting disaster.

Common Causes of Truck Accidents

Most truck accidents are preventable. Negligent drivers cause truck accidents because they ignore regulations, take shortcuts, or otherwise put profits over people.

• Driver fatigue due to hours of service violations

• Improperly loaded trailers shifting or falling during transit

• Speeding or driving too fast for road conditions

• Mechanical failure due to skipped maintenance inspections

• Distracted driving (texting and driving, eating, etc.)

• Driving under the influence of drugs or alcohol

When someone violates a safety regulation and causes an accident, you can use it against them in a claim.

Trucking Regulations That May Affect Your Claim

We’ve mentioned some regulations that truck drivers and trucking companies must follow. Now it’s time for the full download.

There are trucking regulations that come from federal law, and ones that come from state statutes.

Federal and state laws both apply, and determining which governs depends on the specific issue in your case. 

Your attorney should be up to date on both.

You should know about trucking regulations that affect your claim, too.

Start with these:

Truck Drivers:

• Hours of service: 49 C.F.R. § 395.1 et seq.

• Drug testing: 49 C.F.R. § 382

• Maintenance requirements: 49 C.F.R. § 396.3

• Driver qualifications: 49 C.F.R. § 391

• Logbook requirements: 49 C.F.R. § 395.8

• Using a handheld cell phone: 49 C.F.R. § 392.82

Federal trucking laws don’t stop there. There are also regulations covering brake standards, tire standards, equipment requirements, etc. That’s a lot for truck drivers to remember on top of the daily responsibility of operating a commercial vehicle. So they hire companies to do it for them.

Trucking Companies:

• Maintenance oversight: 49 C.F.R. § 396.11

• Inspection, repair, records: 49 C.F.R. § 396.17

• Driver qualification file requirements: 49 C.F.R. § 391.51

• Accident reporting requirements: 49 C.F.R. § 390.15

Like your state’s traffic and injury laws, penalties for trucking companies vary based on the regulation they violated.

Understanding these laws and regulations helps you understand what evidence you need to win your claim.

How Much Compensation Can I Recover?

There’s no simple answer to this question. Truck accident claims can involve massive payouts or relatively minor settlements.

Compensation depends largely on the severity of your injuries and their long-term impact.

The amount of insurance carried by the trucking company and driver is another factor. A small company with a $750,000 policy won’t pay out the same amount as one with a $5 million policy.

That being said, truck accident claims have the potential to reach higher numbers than your typical car accident case.

Compensation can include:

• Emergency room visits and hospital bills

• Cost of surgeries and rehabilitation

• Past and future lost wages

• Pain and suffering

• Emotional distress

• Lifetime of medical care

• Repair or replacement of property

• Wrongful death benefits

Punitive damages may be available in cases involving egregious behavior by the truck driver or trucking company.

How Long Do I Have to File a Truck Accident Claim?

Like every other state, Texas sets time limits on when personal injury and wrongful death lawsuits must be filed.

In Texas, you have two years from the date of the accident to file a claim (Tex. Civ. Prac. & Rem. Code § 16.003(a)).

Miss that deadline and you lose your right to sue forever.

Every state has different statutes of limitations. While Texas gives you two years to file most personal injury claims, some states allow one year. Others give you up to four years.

Like everything else we talked about, it all depends on where the accident happened.

Don’t Make These Mistakes After a Truck Accident

We told you what you should do after an accident. Now it’s time for what you shouldn’t do.

• Going days without seeking medical treatment

• Posting on social media about your accident

• Talking to insurance company representatives without an attorney

• Accepting a settlement offer before consulting with an attorney

• Failing to request that a spoliation letter be sent to preserve evidence

There are other things you should avoid doing. But these are the biggest ones that can sink your case.

How to Prepare for Your Free Consultation

When you meet with a truck accident attorney for the first time, make sure you go prepared.

Here’s what we recommend bringing:

• Copy of the police report (if available)

• Medical records and bills

• Photographs from the scene of the accident

• Insurance information (yours and the truck driver’s)

• Any correspondence you’ve received from insurance companies

• List of damages you suffered

You don’t need to have an organized binder complete with tabs. But the more information you give your attorney, the quicker they can get to work building your case.

Truck Accident FAQs

What if I was partially at fault for the accident?

Depending on where your accident happened, you may be eligible to recover compensation even if you were partially at fault. Texas, along with most states, follows comparative negligence laws. That means your total compensation is reduced by your percentage of fault. 

However, in Texas, you cannot recover damages at all if you are more than 50% responsible for the accident.

Can I sue the truck driver who hit me?

Under certain circumstances.

Trucking companies are vicariously liable for the negligent acts of their employees. They can also be held directly liable for negligent hiring, training, supervision, and maintenance.

Typically, the trucking company is a far more valuable defendant than the driver. Larger companies have deeper pockets and are more willing to offer a reasonable settlement.

How much is my truck accident claim worth?

There’s no definitive answer to this question. Only your attorney can evaluate the facts of your claim and estimate how much it’s worth.

An attorney can help assess your damages and estimate how insurance companies and juries may value your claim.

What if the truck driver fled the scene of the accident?

Commercial trucks can’t exactly jump fences when they flee the scene of an accident. That doesn’t mean the driver can’t flee.

Hit and runs involving trucks are just as serious as those involving standard passenger vehicles. In Texas, leaving the scene of an accident involving injury or death is a crime under Tex. Transp. Code Chapter 550.

Law enforcement and your attorney will have ways of using the truck’s DOT number to find the owner. Many trucks also have surveillance footage from gate guards. Catching these drivers is harder than you think.

Connect With a Truck Accident Attorney Today

America’s Truck Accident Network connects injury victims with qualified truck accident attorneys who handle these types of claims every day.

They understand the value of securing evidence while it’s still available. They know what regulations apply to every truck accident case. And they know how to fight back against trucking companies that put profits before people.

You shouldn’t have to. Let us help you find an attorney today.