How Do I File a Claim After a Truck Accident in Texas?

Knowing how to file a truck accident claim in Texas is essential after experiencing a serious crash. The process can be complex, especially when dealing with injuries, insurance adjusters, and Texas-specific legal requirements. At Monsour Law Firm, we assist truck accident victims in taking the proper steps to protect their rights and pursue the compensation they deserve.

This blog will outline the key actions to take, identify potentially liable parties, and explain the types of damages recoverable under Texas law.

Key Steps to Take After a Truck Accident in Texas

Filing a claim starts with taking critical steps immediately after the accident to protect your rights and build a strong case, as they ensure your health and well-being while also preserving evidence that may be vital to your claim.

Seeking Medical Attention and Reporting the Accident

After any truck incident, your top priority should be seeking medical attention—even if injuries seem minor at first. Internal injuries or other delayed symptoms may not present right away. Obtaining medical records also creates documentation that links your injuries to the accident, which is essential for your claim.

In addition, you must report the accident to local law enforcement as soon as possible. In Texas, drivers involved in collisions causing injury or significant property damage are required by law to notify the police. The police report will provide an impartial account of the incident, often used as evidence in your case.

Gathering Evidence for Your Claim

Collecting evidence at the scene is one of the most important steps in filing a truck accident claim. Take photos of the vehicles, road conditions, and any visible injuries. Write down the names and contact information of witnesses, as well as the trucking company’s name and the truck driver’s insurance details.

If you’re unable to gather evidence due to your injuries, a truck accident attorney can help investigate the accident and secure vital documentation such as black box data, maintenance records, and surveillance footage.

Filing with Insurance and Consulting an Attorney

After collecting evidence, you’ll need to file a claim with the trucking company’s insurance provider. However, insurance companies generally prioritize minimizing payouts. Consulting an experienced truck accident attorney at this stage can help guarantee you receive fair compensation. They can handle negotiations with insurers, gather expert testimony, and file lawsuits if necessary.

Determining Liability in a Truck Accident

Determining who is responsible for your injuries is a fundamental step in filing a truck accident claim. Unlike standard car incidents, truck ones typically involve multiple parties, each of whom may share liability.

Potential Liable Parties

Truck accidents can have multiple liable parties, such as:

• Truck Drivers: Negligence, such as distracted driving, speeding, or driving while fatigued, is a common cause of incidents.
• Trucking Companies: Employers may be held liable for improper driver training, negligent hiring practices, or encouraging unsafe driving practices to meet deadlines.
• Vehicle Manufacturers or Maintenance Providers: Faulty parts or poor maintenance can also lead to catastrophic events.

The Role of a Truck Accident Attorney

A skilled attorney can identify all liable parties by investigating key details of your case. This may involve analyzing driver logs, inspecting vehicle maintenance records, or obtaining crash scene evidence. By verifying all responsible parties are held accountable, your lawyer can maximize the compensation you recover.

Common Causes of Truck Accidents

Truck accidents generally occur due to a combination of human, mechanical, and environmental factors. Understanding these causes can help determine liability and strengthen your claim.

Driver Error and Mechanical Failure

Driver negligence remains the leading cause of truck accidents, including speeding, distracted driving, and impaired driving. But, mechanical failures—such as brake malfunctions or tire blowouts—are also frequent contributors. Preventative maintenance is crucial for avoiding these issues.

Environmental Factors

Environmental conditions like wet roads, poor visibility, or road construction zones also play a role in many truck collisions. While drivers are responsible for adjusting their behavior to road conditions, environmental factors may sometimes mitigate liability.

Types of Damages Recoverable After a Truck Accident

Victims in Texas may recover various types of damages, depending on the specifics of the case. These damages fall into three primary categories: economic, non-economic, and punitive damages.

Economic Damages

Economic damages cover financial losses directly tied to the accident, including:

Medical Costs, Lost Income, Loss of Earning Capacity, and Property Damage

Medical bills usually represent the largest portion of economic damages, encompassing emergency care, surgeries, physical therapy, and long-term treatments. Additionally, if your injuries prevent you from working, you may recover lost wages or compensation for reduced earning capacity. Damages also extend to vehicle repairs or replacement.

Non-Economic Damages

Non-economic damages address the emotional and psychological impact of a truck incident.

Pain and Suffering, Mental Anguish, Disfigurement, and Loss of Companionship

These damages may include compensation for physical pain, emotional distress, permanent scarring, or loss of consortium when injuries affect relationships with loved ones.

Punitive Damages

In rare cases, punitive damages may be awarded to punish defendants whose reckless or intentional conduct caused the accident. These damages are not meant to compensate the victim but to deter similar behavior in the future.

Factors Influencing Your Truck Accident Settlement

Numerous factors can affect the size and timing of your truck accident settlement. Understanding these factors can help you set realistic expectations for your claim.

Multiple Liable Parties and Settlement Negotiations

When multiple parties share liability, settlement negotiations can become more complex. Each party’s insurance provider may try to minimize its share of the payout. An experienced truck accident lawyer can navigate these challenges and advocate on your behalf to ensure you receive maximum compensation.

Importance of Documenting Losses

Documenting your losses is critical to building a strong case. Keep records of medical bills, proof of lost income, and receipts for out-of-pocket expenses. Photographic evidence and personal injury diaries can further demonstrate the accident’s impact on your daily life.

Contact Our Texas Truck Accident Lawyers to Maximize Your Recovery

A truck accident in Louisiana can leave victims facing significant challenges, from severe injuries to navigating complex insurance claims. The team at Monsour Law Firm is dedicated to helping truck accident victims in Shreveport secure the full compensation they deserve under the law. Call us today at (903) 999-9999 to schedule your free consultation and take the first step toward recovery.