What to Do After a Truck Accident
A fully loaded tractor-trailer can weigh up to 80,000 pounds, so when one collides with a passenger vehicle, the injuries can be catastrophic. The trucking company’s insurance provider works in the company’s interest and usually has a claims adjuster assigned to the case within hours of the crash. The following steps provide a clear account of exactly what to do at the scene and in the days after, which will help make your case as strong as possible.
Steps to Take at the Truck Accident Scene
1. Move to Safety, Then Call 911
When you are injured in a truck accident, the first priority is getting to a safe location away from traffic to avoid a secondary collision. Once you are safely away from the roadway, call 911 so emergency medical personnel can treat your injuries and law enforcement can create an official record of the accident.
2. Photograph the Truck and the Full Scene
You or a family member at the scene should photograph the truck and the full scene before vehicles are moved. Commercial trucks carry federally required identification on the cab and trailer, and a complete photo record establishes your independent account of what happened. At minimum, photographs should capture:
- Damage to your vehicle and all other vehicles at the scene from multiple angles before anything is moved.
- The DOT number on the cab door and the carrier name on the truck’s side, which link the vehicle to the company registered to operate it.
- The trailer number, noting that cab and trailer are sometimes owned by different companies with separate liability.
- The driver’s CDL and commercial insurance card, which identify the driver’s qualifications and the carrier’s policy.
- Road conditions and skid marks around the crash, which document the state of the road at the time of impact.
- Traffic controls at the scene and the positions of all vehicles.
3. Exchange Information with the Truck Driver
Once you or a family member has documented the scene, the next step is to collect information directly from the truck driver. A commercial truck driver works for a trucking company with commercial liability insurance on the vehicle, and the driver’s employer is sometimes separate from the carrier name displayed on the truck. At minimum, collect:
- The driver’s full name and CDL number, including the state of issue
- The carrier’s commercial insurance information, which covers the vehicle under a commercial policy separate from personal auto insurance
- The trucking company’s name and contact information, which may also be displayed on the cab door
4. Get Witness Contact Information Before Anyone Leaves
Witnesses to a truck accident are one of the most valuable sources of independent information about what happened because they see the entire crash from an outside perspective. Another driver traveling behind the truck may have seen whether the truck driver was on a phone and whether the truck changed lanes before the crash. A pedestrian at a nearby intersection may have seen whether the truck ran a red light or failed to slow before the crash, and a witness account places the truck driver’s behavior on record from someone with no connection to either party.
Witnesses have no legal obligation to stop or remain at the scene, and a witness who confirms no one needs immediate help has no reason to stay. You or a family member should approach any witness still at the scene and if possible, collect a name and phone number so an attorney or investigator can follow up for a formal statement.
5. Limit Conversation at the Scene to Law Enforcement
Commercial trucking companies maintain accident response protocols, and a carrier representative may arrive at the scene before you have had a chance to speak with law enforcement. A carrier representative at the scene works in the carrier’s interest and is there to document the carrier’s account of the crash.
Limit conversation to what law enforcement requires and avoid offering any account of what happened to anyone other than the responding officer. Texas uses a proportionate responsibility system to determine fault in vehicle accidents, and statements made at the scene become part of the official and unofficial record of the crash.
6. Get a Medical Evaluation the Same Day
The force of a collision between an 80,000-pound truck and a passenger vehicle can produce injuries far more severe than you may feel at the scene. Adrenaline released during the trauma of a crash can suppress pain immediately after impact, and soft tissue injuries to the neck and back can take 24 to 72 hours to reach peak inflammation. Similarly, spinal cord injuries in truck accident cases, including herniated discs and vertebral fractures, can take hours or days to produce noticeable symptoms, and traumatic brain injuries can produce symptoms, including headaches and cognitive changes, days after the crash.
When you seek medical care on the same day of the crash, you create a record directly linking your injuries to the accident. If you wait days or weeks to see a doctor, you give the trucking company’s insurer the opening to argue the injuries came from a different cause.
In the Days After the Accident
Reach Out to a Truck Accident Attorney
When you are injured in a truck accident, the trucking company’s insurer assigns a claims adjuster to the accident within hours, and the adjuster’s job is to protect the carrier’s interests. A truck accident attorney will protect yours.
A truck accident attorney should have specific experience with commercial carrier cases, since federal regulations govern commercial trucking and commercial carriers work with insurance companies staffed with dedicated claims professionals. Questions to ask:
- How many truck accident cases the attorney has handled and how many involved commercial carriers specifically
- Whether the attorney has taken truck accident cases to trial or exclusively settled them
- Whether the attorney has experience negotiating directly with commercial insurance carriers
- Who will handle the case day to day, the attorney or an associate
- Whether the firm works on a contingency fee basis, meaning no fee unless the case results in a recovery
- How litigation expenses like expert witnesses and depositions are handled under a contingency arrangement
Call Your Own Insurance Company
You should contact your own insurance company immediately after the crash, since most policies require the policyholder to report any accident within a specific number of days and the call opens a case on your behalf. When speaking with your own insurer, provide:
- The date and location of the accident
- A factual account of what happened based on what you directly observed
- The trucking company’s name and the truck driver’s information
- The CR-3 report number once it is available
- A description of any injuries sustained
Stick to what you directly observed and avoid speculating about fault or responsibility. Do not describe your injuries as minor or say you feel fine before a medical evaluation, and decline any request for a recorded statement until you have spoken with an attorney.
Personal Injury Protection PIP Coverage
If the policy includes Personal Injury Protection, the insurer can pay medical bills directly as they come in rather than waiting for the liability dispute to be resolved. PIP covers you and any passengers in the vehicle regardless of fault, and in Texas it can also cover a portion of lost wages if your injuries prevent you from working.
Request a CR-3 From TxDOT
The CR-3 is the responding officer’s official record of the crash and the primary document insurance companies and attorneys use to establish the facts of the accident. The report contains the commercial vehicle and carrier information alongside the responding officer’s findings, including how the crash occurred and any citations issued to the drivers. In Texas, crash reports are available to the public through the Texas Department of Transportation (TxDOT) crash report portal, and the report is typically available within a few weeks of the crash.
Start a Written Daily Log
A daily written log, started on the day of the crash, gives you a dated record of symptoms and physical limitations as they develop. The log should also include medical appointments and days of work missed, with each entry written in your own words. A log written day by day provides your attorney with a detailed, contemporaneous account of how the crash affected your daily life, which can be used to support claims for pain and suffering and lost income.
Keep Every Bill, Receipt, and Record
After a truck accident, the costs associated with the injuries accumulate from the day of the crash, and you may wait months or years for reimbursement through a settlement or verdict. A complete financial record should cover:
- Medical bills from every provider, including emergency care, specialist visits, and physical therapy
- Pharmacy receipts for any medications prescribed after the crash
- Vehicle repair estimates and invoices
- Employer documentation confirming missed work and lost wages
- Receipts for any expense directly caused by the injuries, including transportation to medical appointments
Preserve Physical Evidence
The clothing you were wearing during the crash and the personal items in the vehicle at the time are physical evidence of the force of the impact. Rips and stains on clothing can document how your body moved during the collision, and broken personal items can demonstrate the severity of the crash in ways the police report may not capture. Everything should be sealed in a bag or box as found, as your attorney may need them to present to an insurer or in court.
The Trucking Company’s Insurance Provider Will Contact You
An adjuster from the trucking company’s insurer will likely contact you directly within days of the crash, and the goal of the contact is to gather information in the carrier’s favor. The adjuster will ask for a recorded statement and may ask you to describe how you are feeling and how the accident happened. Responses given before the full extent of your injuries is known can give the carrier’s insurer grounds to minimize the claim, and you are not legally required to speak with the adjuster.
Direct all contact to your attorney, who can respond to the adjuster on your behalf and share only what is legally required.
Protecting Your Position After a Truck Accident
Initial Settlement Offers
A carrier’s insurer may extend a settlement offer in the weeks after the crash while your injuries are still being treated and before the full financial impact is known. If you sign a settlement, the case is permanently closed and you can no longer seek additional compensation no matter how your injuries develop. Do not accept any offer without an attorney reviewing the terms first.
Social Media
After a truck accident, the carrier’s insurer may monitor your social media accounts for posts or photos showing you physically active or going about normal daily life despite reported injuries. A photo at a social event or a post suggesting your injuries are less severe than reported can be used to dispute the case, so avoid posting anything about the accident or your injuries until the case is resolved.
Don’t Rely Solely on the CR-3
In Texas, the CR-3 is the official record of the crash but does not capture everything relevant to how the accident happened or who is responsible. For example, the carrier stores the driver’s hours of service and maintenance records showing prior mechanical issues with the truck, and you should have scene photographs and witness contact information from the accident. A truck accident attorney will examine the CR-3 alongside the evidence gathered from the carrier and from you to establish the most accurate account of the crash.
After a Truck Accident Call Loewy Law Firm
Loewy Law Firm fights for truck accident victims across Texas in cases against commercial carriers of all sizes. If you have questions about your specific situation, contact Loewy Law Firm at (512) 280-0800 for a free consultation.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.