What to Do if You’ve Been Hit by a Truck

Being involved in a collision with a commercial truck can be a life-altering experience. These massive vehicles, often weighing tens of thousands of pounds, can cause unbelievable destruction when they’re involved in an accident.

The aftermath of being hit by a truck often leaves victims overwhelmed with medical bills, unable to work, and facing a dizzyingly complex legal process — all while trying to recover from serious injuries. 

Making the right decisions after your truck accident can make all the difference and help your Houston truck accident lawyer secure the settlement you deserve. If you or a loved one has been hit by a truck in Houston, contact Jose Calderon today at (346) 999-5673 to get the quality care and the aggressive representation that you deserve. 

Can I sue after being hit by a truck?

Yes, you absolutely can sue after being hit by a truck. In fact, pursuing legal action is often necessary to recover the full extent of damages you've suffered. Unlike typical car accidents, truck accidents almost always result in severe injuries and frequently involve multiple potentially liable parties. The higher stakes and the increased complexity often make hiring a Houston personal injury lawyer necessary to protect your rights. 

Texas law follows a modified comparative negligence rule, which means you can pursue compensation even if you were partially at fault for the accident as long as you weren't more than 50% responsible. According to modified comparative negligence, your compensation may be reduced by your percentage of fault. 

What causes most truck accidents?

Truck accident lawsuits typically revolve around negligence claims. To succeed, you must establish that the defendant(s) owed you a duty of care, breached that duty, and that this breach directly caused your injuries and damages. Common examples of negligence in truck accident cases include:

• Violations of hours-of-service regulations
• Inadequate driver training or supervision
• Improper maintenance of the truck
• Overloaded or improperly secured cargo
• Driving under the influence of drugs or alcohol
• Distracted driving or texting while driving

The statute of limitations for personal injury claims in Texas is generally two years from the date of the accident, making it essential to consult with a car accident lawyer in Houston as soon as possible after your accident.

How much are most truck accident settlements?

Truck accident settlements vary widely depending on the circumstances of the case, but they can range from tens of thousands to millions of dollars. These settlements are generally higher than those in standard car accident cases due to the severity of injuries, the substantial insurance policies that commercial carriers are required to maintain, and the potential for multiple liable parties.

Some factors that often determine settlement amounts include:

• The severity and permanence of your injuries
• Present and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Property damage
• Strength of liability evidence
• Insurance policy limits
• Quality of legal representation

It's important to note that although commercial trucks are required to carry liability insurance with extremely high limits, insurance companies frequently attempt to settle quickly and for less than what victims deserve. 

Initial settlement offers rarely account for long-term medical needs, ongoing rehabilitation, or future lost wages resulting from your injuries — and they often don’t even pay for your initial medical bills. This is why working with an experienced truck accident attorney who can accurately value your claim is essential if you want to receive fair compensation.

What to do after being involved in a truck crash

What you do in the immediate aftermath of a truck accident might significantly impact both your physical recovery and your ability to receive fair compensation. Here's a step-by-step guide:

1. Prioritize safety and seek medical attention. Move to a safe location if possible and call 911 immediately. Even if you feel fine, some serious injuries may not be immediately apparent, so always get a medical evaluation.
2. Report the accident. Make sure the police come to the scene and file an official report. This creates an official record of the incident that will be valuable for your claim.
3. Gather evidence. If you're physically able, collect as much information as possible:
   1. Take photos of the accident scene, vehicle damage, your injuries, and any relevant road conditions.
   2. Get the truck driver's name, contact information, CDL number, and employer details.
   3. Note the truck's license plate number and DOT/MC numbers.
   4. Identify any witnesses and get their contact information.
4. Avoid making statements about fault. Don't apologize or admit fault to anyone at the scene, including the truck driver, police, or insurance representatives.
5. Consult a trusted truck accident attorney. Before speaking with any insurance adjusters or accepting any settlement offers, speak with an experienced truck accident lawyer who can protect your rights.
6. Seek follow-up medical treatment. Have your attorney put you in touch with their medical providers. Follow all medical advice and attend all follow-up appointments. Keeping detailed records of your treatments, medications, and healthcare providers.
7. Document everything. Keep a detailed journal of your injuries, treatments, pain levels, and how your injuries affect your daily life. Make sure to keep copies of all correspondence with medical professionals or insurance representatives. 
8. Avoid social media. Refrain from posting about your accident or injuries online, as insurance companies may use this information against you.

Doing your best to follow these steps can put you in the best position possible to get the quality care you need and allow your attorney to get you the best settlement possible. 

Are truck drivers responsible for damages?

Truck drivers can be held responsible for damages caused in an accident, but they're not always the only liable parties. While driver error — speeding, distracted driving, or driving under the influence — is a common cause of truck accidents, liability often extends beyond just the driver. Some responsible parties other than truck drivers might include the following.

• Trucking companies may be directly negligent through improper hiring practices, inadequate training, encouraging violations of hours-of-service regulations, or failing to maintain their fleet properly.
• Truck or parts manufacturers might be responsible if a defective component contributed to the accident. If something like faulty brakes or tires is discovered after the fact, the manufacturer may be liable under product liability laws.
• Maintenance contractors and companies responsible for truck maintenance can be liable if improper repairs or maintenance contributed to the crash.
• Cargo loaders who have improperly loaded cargo, or their companies, can be held liable if their actions cause or contribute to the accident.
• Government entities can potentially be implicated in truck accidents due to things like poor road design or maintenance.

Determining the full scope of liability requires a thorough investigation by a truck accident lawyer. They often carry out analysis of the driver's logs, the truck's black box data, maintenance records, and the trucking company's policies and practices in order to make sure responsible parties are held liable. 

What makes trucking accidents so complicated?

Trucking accidents present unique challenges that make them substantially more complex than typical passenger vehicle collisions. While there are a multitude of reasons why truck accidents differ from car accidents, the most impactful ones are the trucking companies, the insurance companies, and the high stakes created by severe injuries. 

The trucking company

Trucking companies often have teams of attorneys and investigators who are dispatched to accident scenes immediately. Their goal is to minimize the company's liability and financial exposure. These companies may attempt to:

• Control access to critical evidence
• Interview witnesses before you have legal representation
• Pressure victims into making statements that could harm their claims
• Quickly repair or dispose of the truck to eliminate evidence
• Shield company policies and practices from scrutiny

Additionally, trucking companies must comply with numerous federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA). Violations of these regulations — like hours-of-service requirements, maintenance standards, or driver qualification rules — can be powerful evidence in establishing liability, but identifying these violations requires specialized knowledge.

The insurance company

Commercial trucking insurance policies are complex and typically involve much higher coverage limits than personal auto policies. This means:

• Multiple insurance companies may be involved
• Adjusters handling these claims are highly experienced in minimizing payouts
• Initial settlement offers are almost always significantly below the true value of the claim
• Insurers may employ tactics to delay claims, hoping victims will become desperate and accept less
• The complex interplay between primary and excess coverage policies can complicate negotiations

Insurance companies profit by collecting premiums and minimizing payouts. Their interests are fundamentally opposed to yours as a victim seeking fair compensation, and without an attorney, you’ll be playing their game without a playbook. 

The severity of your injuries

Because of the devastating power of multi-ton trucks driving at highway speeds, truck accidents frequently cause catastrophic injuries — and often bring rise to wrongful death lawsuits. Serious injuries from truck accidents often necessitate:

• Extended hospitalization and multiple surgeries
• Long-term rehabilitation
• Lifelong medical care
• Adaptive equipment or home modifications
• Permanent disability accommodations

Accurately calculating the cost of grievous injuries and making sure trucking and insurance companies pay requires experienced attorneys and connections to medical experts who can testify on your behalf. Failing to account for the future costs of your injuries — or failing to get the liable parties to pay up — can mean a lifetime of pain and suffering from your accident. 

Hit by a truck in Houston? Trust Calderon Law Firm to get you what you need. 

We understand that the aftermath of a truck accident is one of the hardest times in your life. That's why the Calderon Law Firm prioritizes your well-being and getting you on the road to recovery. Our approach is simple: we keep it real, and you get results.

If you’ve been hit by a truck in Houston, Calderon Law Firm is standing by to give you the care and the settlement that you deserve. Let us handle the insurance company, the trucking company, and get you the help that you need to start recovering now. 

Call Jose Calderon and Calderon Law Firm today at (346) 999-5673 or contact us online for a free consultation.