Do I Need a Lawyer For My Truck Accident Claim?
After an accident in Texas involving a big rig, hiring a truck accident lawyer is one of the most important steps you can take.
These cases often involve multiple defendants (at-fault parties), strict regulations, and aggressive defense strategies.
Why Truck Accident Claims Are Different
Truck accident cases differ from standard car crashes because they involve unique laws and multiple potential defendants. Several factors make these claims more complex:
Multiple Parties
The truck driver, trucking company, vehicle owner, cargo loader, or maintenance provider may share liability.
Regulations
The Federal Motor Carrier Safety Administration (FMCSA) and Texas Department of Transportation impose strict rules on hours of service, maintenance, and safety standards.
Severe Damages
Commercial trucks weigh up to 80,000 pounds, which increases the likelihood of catastrophic injuries or wrongful death.
Aggressive Defense
Trucking companies often send rapid response teams to the crash site to protect their interests before victims can gather evidence.
What a Lawyer Does in a Truck Accident Case
A skilled injury attorney does more than file paperwork. In a Texas truck accident case, a lawyer:
- Investigates the crash: Secures black box data, driver logs, GPS records, and witness statements.
- Determines liability: Identifies all responsible parties, including companies that may try to shift blame.
- Calculates damages: Accounts for medical costs, future treatment, lost wages, and pain and suffering.
- Handles negotiations: Deals directly with insurers who often attempt quick settlements that do not reflect the true value of the claim.
- Litigates when necessary: Prepares for trial if the insurance company refuses to offer fair compensation.
By taking these steps, an attorney ensures that trucking companies and insurers follow Texas law and do not take advantage of victims.
Texas Law and Truck Accident Claims
Texas follows a modified comparative fault rule under Civil Practice and Remedies Code §33.001. If you are found more than 50 percent responsible for the accident, you cannot recover compensation.
Insurance companies often try to assign excessive fault to victims. An attorney protects you by presenting evidence that minimizes or disproves fault.
Additionally, Texas imposes a two-year statute of limitations under Civil Practice and Remedies Code §16.003. Missing this deadline means forfeiting your right to compensation. A lawyer ensures that your case is filed correctly and on time.
What Happens If I Do Not Hire a Lawyer?
If you choose not to hire a lawyer after a truck accident, you take on significant risks. Insurance companies may pressure you into accepting a settlement that does not cover your long-term needs. Additionally:
- You may overlook responsible parties such as the trucking company, maintenance provider, or cargo loader.
- Critical evidence like driver logs or black box data can be lost if not preserved quickly.
- You may inadvertently admit liability by not understanding Texas laws on comparative fault.
- Even a small error in paperwork can delay or derail your case.
Without a lawyer, you stand alone against powerful insurance defense teams, and that often results in receiving far less compensation than you truly deserve.