Truck Crash: Essential Legal Steps for Every Driver

Learn the key legal steps to take after a truck crash. Protect your rights, gather evidence, and handle insurance claims with expert guidance.

Truck accidents can be some of the most devastating incidents on the road, often resulting in serious injuries, property damage, and even fatalities. If you’ve been involved in a truck crash, it’s crucial to take specific steps to protect your legal rights, ensure proper medical care, and maximize your chances of obtaining compensation for your losses. 

This guide will outline the legal steps every driver should know after a truck accident, especially if the crash occurs in Houston, Texas.

Immediate Steps to Take After a Truck Accident

The moments immediately following a truck crash can be overwhelming, but taking the right actions can make a significant difference in the outcome of your case. First and foremost, if you or anyone else is injured, call 911 right away. Seek medical attention, even if you don’t feel injured, as some injuries may not be immediately apparent.

Once you’ve ensured safety and medical care, it’s essential to document the scene of the accident. Take photos of the damage to your vehicle, the truck, and any other property involved. If possible, gather contact information from witnesses and record details about the truck, such as its license plate number and the trucking company’s name. This documentation can serve as crucial evidence later on, particularly when dealing with insurance companies or pursuing legal action.

The Importance of Consulting With a Knowledgeable Truck Accident Lawyer in Houston

After a truck crash, many drivers make the mistake of handling the legal process on their own or relying solely on the insurance company. However, trucking accidents can be particularly complex, involving multiple parties such as the driver, trucking company, vehicle manufacturer, or maintenance providers. It is important to consult with a knowledgeable truck accident lawyer in Houston to help navigate the intricacies of such cases.

A skilled lawyer will know how to investigate the accident thoroughly, gather all relevant evidence, and understand the specific laws that apply to trucking accidents. They can also negotiate with insurance companies on your behalf, ensuring that you are not taken advantage of during a time of vulnerability. By working with a lawyer who is experienced in handling truck accident cases, you will significantly improve your chances of achieving a favorable outcome.

Report the Truck Accident to the Authorities

After a truck crash, it’s crucial to report the incident to the local authorities, particularly the Houston Police Department or the Texas Department of Transportation, depending on the location of the accident. A police report is an essential piece of evidence that may be needed in legal proceedings. It provides an official record of the accident, including information on the accident scene, any potential violations of traffic laws, and the contact information of involved parties.

The police report can help establish fault, which is especially important when it comes to pursuing compensation. It is often the starting point for your legal case, as it outlines critical details about the crash, such as road conditions, weather factors, and whether the truck driver was adhering to the regulations governing commercial vehicles.

Gather and Preserve Evidence of the Truck Accident

In addition to the police report after truck crash, collecting and preserving evidence of the truck accident is crucial to building a strong legal case. The more evidence you have, the better your chances of proving your claims. Some key pieces of evidence to collect include:

• Photos and Videos: Take as many pictures as possible of the scene, the vehicles involved, and any visible damages. If there are visible skid marks or road debris, make sure to capture those as well. Video footage, particularly from nearby traffic cameras or witnesses, can also be invaluable in determining fault.
• Medical Records: It’s essential to seek medical attention immediately after the crash, even if you feel fine. Some injuries, like whiplash or internal bleeding, may not show symptoms right away. Keep track of all medical records, bills, and appointments related to the accident.
• Witness Statements: If there are any witnesses to the accident, be sure to get their contact information and ask if they would be willing to provide statements. Witness accounts can provide impartial perspectives on how the accident occurred.
• Trucking Company Records: In some cases, the trucking company may be partially responsible for the accident. Your attorney can request records from the company, including the driver’s history, the truck’s maintenance records, and any logs that show how many hours the driver had been on the road. These records can help establish whether the company or driver violated safety regulations, leading to the crash.

Understand the Statute of Limitations for Truck Accident Claims in Houston

In Texas, the statute of limitations for filing a personal injury claim arising from a truck accident is typically two years from the date of the accident. This means that you must file your claim within this time frame, or you risk losing your right to pursue compensation.

However, certain factors can alter the statute of limitations, such as discovering new evidence or determining that the trucking company or a third party was responsible for the crash. It’s important to act quickly and consult with an attorney as soon as possible to ensure that you don’t miss any critical deadlines.

Negotiating with Insurance Companies

Insurance companies play a significant role in truck accident cases, but it’s important to keep in mind that they are not always looking out for your best interests. In many cases, insurance adjusters may attempt to offer a low settlement that doesn’t fully cover your medical expenses, lost wages, or pain and suffering.

By working with a knowledgeable truck accident lawyer in Houston, you can avoid the common pitfalls of dealing with insurance companies. Your lawyer can negotiate on your behalf to ensure that you receive a fair and just settlement. If the insurance company refuses to offer a reasonable settlement, your lawyer may take the case to trial to fight for your rights in front of a judge and jury.

When to Consider Filing a Lawsuit After a Truck Accident

If the trucking company or its insurance carrier refuses to settle, or if the negotiations do not lead to a fair result, you may need to consider filing a lawsuit. In such cases, having an experienced attorney by your side is vital.

A lawsuit can help you seek compensation for damages such as medical expenses, property damage, lost wages, and pain and suffering. Your lawyer will work with you to file the necessary paperwork, prepare for trial, and present evidence to support your claims.

Why You Should Choose Charles J. Argento & Associates

If you’ve been involved in a truck accident in Houston, Texas, choosing the right legal representation can make all the difference in the outcome of your case. At Charles J. Argento & Associates, we have extensive experience in handling truck accident claims and fighting for the rights of victims in Houston. Our team of dedicated attorneys will guide you through every step of the legal process, ensuring that your case is handled with the care and attention it deserves.

We understand the challenges you face after a truck accident, and we are committed to helping you obtain the compensation you deserve. Whether through negotiations or litigation, we will work tirelessly to protect your rights and secure a favorable outcome for your case.