Hit by an 18-wheeler on a North Texas highway: what to do and what to preserve

First steps after a crash with a commercial truck

After an 18-wheeler accident, get medical care first, call police so a crash report is made, photograph the truck, its company name and DOT number, the trailer, the scene and your injuries, and collect witness names. Then talk to a lawyer quickly, before giving any statement to the trucking company's insurer, because the carrier's logs, inspection records and the truck's electronic data are what usually prove what happened, and some of those records only have to be kept for a limited time.

I am a founding partner at Garcia, Garcia & Mullen, and truck accident claims are a core part of our injury practice. North Texas sits at the center of a heavy freight network, and anyone who drives I-35E, I-20, I-30, I-635 or SH-183 knows how much of the traffic is commercial. When a crash with a truck happens here, the injuries are often serious and the case is more complicated than a typical car wreck. This guide explains why and what to do about it. It is general information, not legal advice; talk to a licensed Texas attorney about your specific situation.

At the scene, if you are able

Your health comes first. If you are hurt, let the paramedics take you, and let someone else gather information later. If you can move safely, these details are far easier to capture in the first hour than in the weeks after. Trucks are moved, trailers are swapped, and drivers go back on the road.

Once the officer's report is filed, you can buy a copy through the Texas Department of Transportation's Crash Report Online Purchase System, and TxDOT says people directly involved in the crash can get an unredacted copy. Check it carefully when it arrives, especially the description of how the crash happened and the information recorded for the truck and its carrier.

• Call 911 and make sure police come to the scene and write a report.
• Photograph the truck and trailer from all sides, including the company name, the USDOT number on the door, and the license plates.
• Photograph the road, skid marks, debris, traffic signals, signs and weather conditions.
• Get the driver's name, employer, and insurance information, and the names and numbers of witnesses.
• Note any nearby businesses or traffic cameras that may have video.
• Do not discuss fault with the driver or anyone from the trucking company, and do not sign anything.

Why an 18-wheeler case is not just a bigger car wreck

In a crash between two cars, there are usually two drivers and two insurers. In a truck case, responsibility can reach several companies. The driver may be responsible, and the trucking company can be responsible for its driver's conduct on the job. A company that loaded the cargo, a contractor that maintained the brakes or tires, or the manufacturer of a defective part may also share responsibility. Each may have its own insurer and its own lawyers.

Commercial trucking is also governed by federal safety rules that do not apply to ordinary drivers. Those rules cover how long a driver may drive, how cargo must be secured, and how vehicles must be inspected and maintained. A violation of those rules does not automatically decide a case, but it often explains why the crash happened. And trucking companies do not wait. Many send rapid-response investigators to the scene to document evidence and protect their position, often before the injured person has left the hospital.

The cause is not always the driver. Cargo that was overloaded or poorly secured can shift and push a truck out of control, and neglected brakes or worn tires can fail at highway speed. Federal rules address both cargo securement and vehicle maintenance, which is why the loading paperwork and the maintenance file can matter as much as the driver's account of what happened. Finding the true cause is what identifies every party who should answer for the crash.

The federal records that often tell the real story

Hours-of-service rules are a good example of why records matter. Under federal regulations for property-carrying drivers, a driver may drive up to 11 hours within a 14-hour window that starts after 10 consecutive hours off duty, and must take a break of at least 30 minutes after 8 hours of driving. Fatigue from pushing past those limits is a well-known cause of truck crashes, and the driver's records of duty status are how you find out.

The same regulations require motor carriers to keep drivers' records of duty status and supporting documents for at least six months. That is not very long when you consider how quickly treatment, insurance calls and paperwork fill the months after a serious crash. Other evidence, such as the truck's electronic data, dispatch communications, inspection and maintenance files, and the driver's qualification file, also needs to be requested and preserved promptly. A preservation letter from your lawyer puts the trucking company on notice that this evidence must be kept.

• Driver logs and records of duty status, and the supporting documents behind them.
• Electronic data from the truck, sometimes called black box data.
• Inspection, repair and maintenance records for the tractor and trailer.
• Cargo loading and securement documents.
• Dispatch records, phone records and communications with the driver.
• The driver's hiring, training and qualification records.

Medical care and the records that follow it

Truck crashes often cause the kind of injuries that unfold over weeks: spinal injuries, traumatic brain injuries, fractures, internal injuries. Get evaluated promptly even if you walked away from the scene, follow up with the doctors you are referred to, and keep every record and bill. A gap in treatment is one of the first things a trucking insurer will point to.

The way a medical file is read can change the value of a claim. At our firm, my partner Jim Mullen is a registered nurse with an ER trauma focus and holds a Class A CDL, and Gina Mullen, MD, serves as our emergency medicine consultant. That combination helps us understand both sides of a truck case: what the medical records actually show about your injuries and future care, and how a commercial driver and carrier should have operated.

What to say, and not say, to the trucking company's insurer

Expect a call, often quickly. The adjuster may be polite and may even offer to pay some bills right away. You are generally not required to give the trucking company's insurer a recorded statement, and I recommend not doing so until you have talked with a lawyer. Do not sign medical authorizations or releases. Do not agree with any description of how the crash happened, and do not post about the crash or your injuries online.

Report the crash to your own insurer as your policy requires, briefly and factually. Your personal injury protection, if you have it, can pay medical bills in the meantime regardless of fault. If you want a fuller walk-through of those first conversations, read what to do when the adjuster calls after a Dallas car accident; the principles are the same, and the stakes in a truck case are higher.

Damages in a commercial truck case

A claim after a truck crash can include current and future medical expenses, lost wages and reduced earning capacity, property damage, physical pain, mental anguish and the loss of enjoyment of life. In cases of extreme misconduct, Texas law allows exemplary damages, though these require strong evidence and are not part of most cases. Commercial policies often carry higher limits than personal auto policies, which can matter when injuries are serious.

Texas also applies proportionate responsibility in truck cases: if you are found partly at fault, your recovery is reduced by your share, and it is barred if your share is more than half. Trucking insurers frequently argue that the car driver cut in front of the truck or lingered in a blind spot, which is another reason the evidence needs to be gathered early and from every source.

Deadlines and the pace of a truck claim

Texas generally allows two years from the date of injury to file a personal injury lawsuit, and two years from the date of death in a wrongful death case. A truck case can take longer to build than a car case because there is more evidence and there are more parties, so the time to start is early, not near the deadline. I describe each stage in how long an injury case takes in Texas.

If someone was killed in the crash, the family's rights and the people entitled to bring a claim are set by a specific Texas statute. I explain that in who can file a wrongful death claim in Texas and how long a family has.

Talking with us about a truck crash

Call as soon as you are able, or have a family member call for you. The consultation is free and confidential, and our phone line is answered around the clock. We will listen to what happened, tell you what we think needs to be preserved right away, and explain your options honestly.

If you retain us, we send preservation letters to the trucking company and other parties, take over communication with every insurer, investigate the crash and the carrier's records, and work with your medical providers to document your injuries fully. We negotiate, and we file suit and litigate when a fair settlement is not offered. For personal injury claims, there is no attorney fee unless we recover compensation. We represent people hurt in truck crashes throughout the Dallas–Fort Worth area and Kaufman County.

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