By Jonathan Herrera, J.D., Herrera PLLC
A serious trucking accident sets off a series of practical and legal steps that often unfold differently than they would after a standard car accident. This overview explains what those steps are commonly involved under Texas law, and why trucking accident claims tend to be more complex to investigate and resolve.
Immediate Steps to Take at the Scene
Texas law addresses what is required immediately after a serious collision. Under Texas Transportation Code Chapter 550, a driver involved in an accident resulting in injury, death, or a vehicle that cannot be safely driven is required to immediately report the accident by the quickest available means of communication, typically by calling 911. The same chapter also requires drivers involved in an accident to provide their name, address, and vehicle registration information to other involved parties and to render reasonable assistance to anyone who appears injured. Emergency responders then evaluate injuries at the scene and, when necessary, arrange transport to a hospital.
Documenting the Accident Scene and Your Injuries
When it is safe to do so, people involved in a crash often photograph vehicle damage, the surrounding scene, and visible injuries. Contact information for witnesses, along with the responding officer’s badge number and report number, is also commonly recorded. Following up with a medical provider, even when an injury does not seem severe at first, creates a documented record connecting the accident to any resulting treatment. This kind of documentation can become useful evidence later, particularly in trucking accident cases, where records often change hands between a driver, a trucking company, and one or more insurers before a claim is resolved.
Why Trucking Accident Claims Are More Complex Than Car Accidents
Unlike a typical two-vehicle collision, a trucking accident often involves several potentially responsible parties, including the driver, the trucking company, a cargo loading company, a maintenance contractor, or a parts manufacturer. Commercial trucks are also subject to federal recordkeeping requirements, such as driver qualification files, hours-of-service logs limiting how long a driver can be on the road before resting, and electronic logging device data, that generally do not apply to passenger vehicles. Some of these records, including electronic logging device data, are generally only required to be kept for a matter of months, which is one reason documentation and early evidence preservation matter more in trucking cases than in a standard car accident claim. For a broader look at how these cases are evaluated, see this overview of truck accident claims.
Understanding Texas’s Statute of Limitations for Truck Accidents
Texas law generally requires personal injury claims, including those arising from trucking accidents, to be filed within two years of the date of the accident under Texas Civil Practice and Remedies Code Chapter 16. A shorter notice period, sometimes as little as 90 days in cities like Houston, can apply to claims against government entities. These deadlines generally apply regardless of how clear liability may appear at the outset.
How Insurance Companies Evaluate Trucking Accident Claims
Commercial trucking companies typically carry significantly higher insurance policy limits than individual passenger vehicle drivers, and their insurers often begin investigating a serious accident within hours. In cases involving cargo companies, maintenance contractors, or logistics brokers, more than one insurance policy may potentially apply to a single accident. Adjusters evaluate claims using internal formulas, the driver’s and company’s records, and their own accident reconstruction. Early settlement offers do not always reflect the full value of a claim, particularly before the extent of an injury is fully known.
Insurance companies also frequently examine whether the injured person shares any fault for the accident. Under Texas’s modified comparative negligence rule in Texas Civil Practice and Remedies Code Chapter 33, a person found partly at fault can generally still recover damages as long as they are not found more than 50 percent responsible, though any recovery is reduced by their assigned percentage of fault. Comparative fault is a common reason insurers cite when reducing an initial settlement offer.
When to Consider Speaking With an Attorney
Because trucking accident claims often involve multiple parties, federal regulations, and insurance companies with substantial resources, many people choose to have an attorney review the details of a serious accident. Trucking companies and their insurers typically involve their own legal teams and defense counsel from an early stage, particularly when an injury is serious. An attorney can request records such as driver logs and maintenance history before they are lost, handle communication with insurers and defense counsel, and evaluate whether a settlement offer reflects the actual value of a claim. Not every situation requires legal representation, but a review can clarify what deadlines apply and whether additional parties may share responsibility. Learn more about Jonathan Herrera’s background and experience handling trucking claims, or contact Herrera PLLC to discuss the details of a specific situation.
Frequently Asked Questions
How is a trucking accident claim different from a regular car accident claim?
Trucking accident claims often involve additional parties beyond the driver, such as the trucking company or a cargo loading company, along with federal regulations that do not apply to standard car accidents. These claims frequently require reviewing records like driver qualification files and electronic logging device data that are not part of a typical car accident case.
What evidence is typically collected after a Houston truck accident?
Evidence commonly gathered includes the police accident report, photos of the scene and vehicle damage, witness statements, and, in more involved investigations, the trucking company’s driver records and electronic logging device data.
What is the statute of limitations for truck accident claims in Texas?
Texas law generally requires personal injury claims to be filed within two years of the date of the accident under Texas Civil Practice and Remedies Code Chapter 16, with a shorter notice period for claims against government entities.
Who can be held responsible in a commercial trucking accident?
Depending on the facts, potentially responsible parties can include the truck driver, the trucking company, a cargo loading company, a maintenance contractor, or a parts manufacturer.
What role does the trucking company’s insurance play in these claims?
Commercial trucking policies typically carry higher coverage limits than personal auto policies, and the insurer’s evaluation of a claim can significantly affect the compensation available to an injured person.
Does it matter if I was partly at fault for the accident?
Not necessarily. Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code Chapter 33, which generally allows a person to recover damages even if they are partly at fault, as long as they are not found more than 50 percent responsible. Any recovery is reduced by the assigned percentage of fault.
What typically happens after a trucking accident is reported to insurance?
An insurer typically assigns an adjuster to investigate the claim, which can include reviewing the police report, requesting a recorded statement, and evaluating medical records and vehicle damage. Commercial trucking insurers often begin this process more quickly than personal auto insurers, given the higher financial exposure involved.
