How to File a Truck Accident Claim in Texas

In Texas, injured parties have the right to pursue compensation by filing a truck accident claim after a crash. Understanding the process helps ensure you take the right steps to protect your rights.

Step 1: Seek Medical Treatment

Even if injuries seem minor, see a doctor immediately after the accident. Some injuries take time to appear, and medical records provide critical evidence linking your injuries to the crash. Prompt treatment not only protects your well-being but also strengthens your claim.

Step 2: Report the Accident

Texas law requires accidents involving injury, death, or significant property damage to be reported to law enforcement. A police officer will prepare an accident report that includes details of the crash, witness statements, and any citations issued. This report is an important piece of evidence in your claim.

Step 3: Gather Evidence

Evidence is key to proving fault in a truck accident case. Collect as much information as possible at the scene and in the days after:

• Names, contact information, and insurance details of all drivers involved
• Trucking company information and vehicle identifiers such as DOT numbers
• Photographs of the vehicles, roadway conditions, and visible injuries
• Names and statements of witnesses
• Copies of medical records, bills, and proof of lost wages

The more evidence you gather, the stronger your claim will be.

Step 4: Notify Insurance Companies

Notify your insurance carrier as soon as possible after the accident. The at-fault party’s insurer will also be involved, and both companies will begin investigations. Be careful with your statements — provide the facts but avoid speculation. Insurance adjusters may try to minimize your claim, so keep communication brief and accurate.

Step 5: Identify Liable Parties

Truck accidents are more complex than typical car crashes because multiple parties may share liability. Potentially responsible parties include:

• The truck driver for negligent driving behaviors such as speeding, fatigue, or distraction. 
• The trucking company for poor hiring practices, inadequate training, or failure to follow safety regulations. 
• Maintenance providers for failing to properly service the vehicle. 
• Manufacturers of defective truck parts such as brakes or tires. 
• Cargo loaders if improperly secured freight contributed to the crash. 

Identifying all liable parties ensures that compensation is pursued from every available source.

Step 6: File the Claim

Once you have gathered evidence and identified the responsible parties, your claim can be filed. The claim typically demands compensation for:

• Medical expenses, both current and future
• Lost wages and loss of earning capacity
• Property damage
• Pain and suffering
• Permanent disability or disfigurement

Your claim is submitted to the insurance carriers of the at-fault parties, who will evaluate liability and damages.

Step 7: Negotiate a Settlement

Insurance companies may respond with settlement offers. However, many initial offers undervalue the true cost of a victim’s damages. Negotiation is a critical part of the process, requiring detailed evidence of medical costs, lost wages, and long-term impacts of the accident. 

Step 8: File a Lawsuit if Necessary

If negotiations fail, victims may pursue a lawsuit in civil court. You generally have two years from the date of the accident to file. Lawsuits involve discovery, depositions, expert testimony, and potentially a trial. Filing suit puts pressure on insurers to settle fairly and ensures your right to compensation is preserved.

Discuss your case with an attorney during a free consultation.