Legally reviewed by Alexander Begum, Personal Injury Attorney
Key Takeaways
- What to do after a truck accident starts with a 911 call. Texas law requires drivers in a crash with an injury, a death or a vehicle that cannot be safely driven to report it to police immediately (Transp. Code §550.026).
- Get medical care the same day, even if you feel fine. Some injuries take hours or days to show, and gaps in treatment are used against you.
- Photograph the truck’s door. Federal rules require the carrier’s name and USDOT number on both sides of the cab (49 C.F.R. §390.21), and that is how you identify who is really responsible.
- Do not give the trucking company’s insurer a recorded statement. In Texas, anything that shifts fault to you can reduce or erase your recovery (Civ. Prac. & Rem. Code §33.001).
- Key records have a short life. Federal rules let carriers discard driver inspection reports after 3 months and hours-of-service logs after 6.
- Watch two deadlines. Most Texas injury lawsuits must be filed within two years, but a claim against a city or county truck needs written notice within six months, or sooner under some city charters.
What to do after a truck accident in Texas: call 911, get medical care, photograph the truck and its USDOT number, collect witness names, and do not give a statement to the trucking company’s insurer until you have talked to a lawyer. Then move quickly: a commercial carrier controls the logs, electronic data and maintenance records that show what happened, and federal rules let it discard some of them within months.
A crash with an 18-wheeler is not like a fender bender with another car. There is often more than one company involved, more insurance, and more evidence, most of it in the trucking company’s hands. The ten steps below are in the order you will need them. If you or someone in your family was hurt, our Texas truck accident lawyers can talk with you today in a free consultation.
At the Scene
1. Get to safety and call 911
If you can move, get out of traffic. Then call 911. Texas law requires the driver of a vehicle in a collision that injures or kills someone, or leaves a vehicle unable to be driven normally and safely, to notify police immediately by the quickest means available (Transportation Code §550.026). The truck driver also has a legal duty to stop, check whether anyone needs help and stay at the scene (§550.021). An officer who investigates a crash involving an injury must file a written report within 10 days (§550.062), and that report becomes one of the first documents everyone relies on.
2. Accept medical care
Let paramedics check you, and go to the emergency room or urgent care the same day if you can. Adrenaline hides pain, and some injuries do not show symptoms right away. A medical record made on the day of the crash is also the strongest link between the wreck and your injuries. If you have already waited, read what to do if you didn’t go to the doctor after a car accident.
3. Exchange information, and get the truck’s details
Every driver in an injury crash must give their name, address, vehicle registration number and liability insurer, and show a driver’s license if asked (§550.023). With a commercial truck, also note:
- The company name and USDOT number on the cab door. Federal rules require both on each side of the truck, and if another company’s name appears, the operating carrier must be shown as “operated by” (49 C.F.R. §390.21).
- The trailer’s markings and plate, which may belong to a different company.
- The driver’s name and the name of the company the driver says they work for.
4. Photograph everything
If you are able, take photos and video of the vehicles from every side, the truck’s door markings and plates, skid marks, debris, traffic signals, road conditions, and your injuries. Note any cameras on nearby businesses. Evidence at a truck scene is cleared quickly once the road reopens.
5. Get witness names and keep your words short
Ask bystanders for their names and phone numbers. Be polite, but do not apologize, guess about speed or argue about fault. Texas bars recovery if you are found more than 50% responsible and reduces it by your percentage otherwise (Civil Practice and Remedies Code §33.001), so a casual “I didn’t see him” can follow you for the life of the claim.
In the Days After the Crash
6. Do not give a recorded statement to the trucking company’s insurer
You may get a call from an adjuster for the carrier within days. You are not required to give them a recorded statement, and you should not sign medical authorizations or releases before you understand what they cover. Our page on truck accident insurance issues explains why these claims often involve more than one insurer.
7. Get the crash report
Once it is filed, people involved in the crash and their authorized representatives can request a copy of the officer’s report under §550.065, through TxDOT’s Crash Report Online Purchase System. Read it closely. If something is wrong, see what to do if your police report is wrong.
8. Protect the evidence before it disappears
The most important truck crash evidence belongs to the carrier: engine and ELD data, driver logs, dispatch messages, maintenance files and dashcam footage. Federal retention periods for some of it are short:
| Record | Minimum the carrier must keep it | Federal rule |
|---|---|---|
| Driver vehicle inspection reports | 3 months | 49 C.F.R. §396.11 |
| Hours-of-service logs and supporting documents | 6 months | 49 C.F.R. §395.8(k) |
| ELD back-up records | 6 months | 49 C.F.R. §395.22(i) |
| Inspection, repair and maintenance records | 1 year, plus 6 months after the truck leaves its control | 49 C.F.R. §396.3(c) |
| Engine data, camera footage, dispatch texts | No period set in these rules | Not covered by the sections above |
Source: Federal Motor Carrier Safety Regulations, §396.11, §395.8, §395.22, §396.3.
A written demand that the company preserve everything, called a spoliation or preservation letter, should go out as soon as possible. In Texas, a party’s duty to preserve evidence starts when it knows or should know there is a substantial chance a claim will be filed (Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014), in the Supreme Court of Texas FY2014 opinions), and a letter puts that beyond argument.
Call a truck accident lawyer before the evidence window closes. The trucking company holds the records, and some can be discarded in three months. Call (956) 982-1800 for a free consultation.
9. Keep treating, and keep records
Follow your doctor’s plan, keep every bill and receipt, and track missed work. If you have no health insurance or your plan will not cover accident care, a letter of protection may let you keep treating while the claim is pending. Stay off social media about the crash and your injuries.
10. Know your deadlines, and talk to a lawyer
Most Texas personal injury and wrongful death lawsuits must be filed within two years (Civil Practice and Remedies Code §16.003). If the truck belonged to a city, county or state agency, such as a garbage truck or a public works truck, the Texas Tort Claims Act requires written notice of your claim within six months, and city charters can set a shorter period (§101.101). Learn more on our Texas Tort Claims Act page.
Truck cases also tend to involve more than one defendant: the driver, the carrier, the trailer owner, a broker or a maintenance shop. Knowing whom to sue when a large truck hits you shapes who must preserve evidence and which insurance is available. For a for-hire carrier hauling ordinary freight across state lines in a truck rated over 10,000 pounds, federal rules require at least $750,000 in liability coverage (49 C.F.R. §387.9), far more than the $30,000 per person Texas requires of ordinary drivers (Transportation Code §601.072). Our 18-wheeler accident lawyers can tell you which applies.
Frequently Asked Questions
What should you not do after an accident?
Do not leave the scene, apologize or guess about fault, skip medical care, give a recorded statement to the other side’s insurer, sign releases, or post about the crash online. After a truck crash, also do not wait to act on the evidence, because the trucking company controls most of it.
How long after an accident does it need to be reported?
Immediately. In Texas, a driver in a crash that causes injury or death, or leaves a vehicle unable to be driven safely, must notify the local police or sheriff by the quickest means available (Transportation Code §550.026). An investigating officer must file a written report within 10 days.
What happens when a truck driver gets in an accident?
The driver must stop, help anyone injured and exchange information. Federal rules also require the carrier to test its driver for alcohol and drugs after certain crashes, generally within 8 hours for alcohol and 32 hours for drugs (49 C.F.R. §382.303), and to log the crash in an accident register kept for three years.
What are delayed symptoms after a car accident?
Some injuries do not cause noticeable symptoms for hours or days, including head, neck and back injuries. That is why you should get checked the same day and return to a doctor if new pain, headaches, numbness or confusion appear. Tell the doctor you were in a crash.
Do I need a lawyer after a truck accident?
For any truck crash with an injury, talking to a lawyer early usually helps. Truck claims often involve several companies and insurers, federal safety rules, and evidence the carrier can discard within months. A consultation is free, and you pay no attorney’s fee unless we win.
Who pays my medical bills after a truck accident?
The trucking company’s insurer usually pays once, at settlement or after a verdict. Until then, your own personal injury protection coverage, if you have it, and your health insurance can pay as you go. If neither is available, a letter of protection may let you treat now and pay from the recovery.
Hit by an 18-Wheeler in Texas? Get The Giant on Your Side Today
The first days after a truck crash decide what evidence survives. The Law Giant represents truck crash victims across Texas from offices in Dallas, Houston, San Antonio and Brownsville.
The consultation is free, and you pay no attorney’s fee unless we win. Call (956) 982-1800 or contact us online.
Sources and authorities
- Texas Transportation Code: §§550.021, 550.023, 550.026, 550.062, 550.065; §601.072.
- Texas Civil Practice and Remedies Code: §16.003, §33.001, §101.101.
- Federal Motor Carrier Safety Regulations: 49 C.F.R. §382.303, §387.9, §390.15, §390.21, §395.8, §395.22, §396.3, §396.11.
- Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014), Supreme Court of Texas opinions, FY2014.
- Texas Department of Transportation, Crash Report Online Purchase System.
This article is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its facts; talk to a lawyer about yours. Past results do not guarantee a similar outcome.
