What to Do After an 18-Wheeler or Trucking Accident

Any car accident can have serious or even life-changing effects on a person, but when an accident involves a semi-trailer truck or 18-wheeler, the chances of being severely injured increase substantially because of the truck’s massive size and weight.  

Both the driver and any passengers in a vehicle involved in an 18-wheeler or large truck collision can file personal injury claims against the at-fault truck driver and potentially against the trucking company.  

Trucking companies may be held vicariously liable for the negligence of their drivers if the drivers are acting within the course and scope of their duties and furthering the trucking company’s business purpose. 

They may also be directly liable for failing to train or supervise their drivers or for hiring and retaining a reckless driver.

What Do I Need to Prove?

In Texas, anyone who is injured in an 18-wheeler accident can file a personal injury claim if they can prove that their injuries were caused by the negligence of the driver of the truck or the trucking company.  People who are injured in an accident can recover the reasonable and necessary amount paid or incurred in medical bills, including future medical expenses, as well as lost income and earning capacity. Victims are also able to recover compensation for any mental anguish and pain and suffering they have endured, as well as punitive damages if the driver or the driver’s employer acted with gross negligence by consciously disregarding a known extreme risk of harm.

Issues that affect the liability case and a potential damages award include whether the police were involved, witness statements were taken, and photographs of the scene and vehicles were obtained.  Police involvement can be a huge asset to a personal injury trucking case. Taking witness statements and contact information from anyone who may have seen the incident may also be incredibly helpful, especially if the case goes to trial.   Photographs of the vehicles, involved parties, and injuries from the scene, as well as photos of the after-effects and healing process of any injuries, may also affect a potential award of damages. It is important to keep all documents including, insurance forms, medical bills, two receipts, recorded phone conversations, and police reports can be very beneficial.

At the end of the day, the severity of the injury is the greatest factor in determining a settlement or jury award amount.  However, other more nuanced considerations will come into play in this calculation, including the amount paid or incurred in medical treatment and how that care was paid for. Sometimes, medical providers and insurance companies who have paid for treatment relating to the injury may expect to be paid back some portion of the funds they have contributed towards the victim’s treatment. An experienced personal injury lawyer will know exactly how to negotiate with these entities to maximize their clients’ recovery once a successful settlement has been reached or a jury award has been obtained.

How Much Can I Recover?

The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies that operate interstate to obtain liability insurance covering both bodily injury and property damage.

This insurance requirement protects other drivers on the road and property owners from incurring significant personal expenses where the trucker is at fault.

Truck drivers must have a minimum amount of insurance coverage depending on the products that are being transported. The FMCSA only sets a floor, however.  Sometimes, trucking companies acquire coverage well in excess of the federal and state minimums.

Federal minimums only apply to truck drivers that drive between states, which means if a trucker only operates within a single state, these federal minimums do not apply.  Instead, the state’s guidelines control.  

Nevertheless, Texas generally follows some of the same minimums provided in the FMCSA:

If a company only acquires the minimum limits, an injured person’s damages may be capped by that policy’s limit, even if his or her damages exceed that amount. However, compensation above and beyond the insurance minimums may be available if the trucking company has assets to satisfy any judgment.

It is important to hire a personal injury lawyer who is experienced with 18-wheelers or other large truck personal injury cases.

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Why Do I Need to Follow My Doctor’s Treatment Plan?

Following your doctor’s treatment plan after a truck accident is vital to your health and case for several reasons, both for your health and for any potential legal claims you may pursue. 

Your Health

Adhering to the prescribed medical regimen is essential for your recovery. Truck accidents can cause severe injuries that might not fully appear immediately. By following your doctor’s advice, you address any hidden or delayed symptoms, reducing the risk of long-term complications.

Maintaining your health should always be your top priority. Truck accidents can be life-altering, and your primary focus should be on returning to your pre-accident state as much as possible. By strictly following your doctor’s treatment plan, you give yourself the best chance of a full recovery, both physically and mentally. This can also help you return to your normal life and activities sooner.

Your Case

Compliance with your treatment plan also demonstrates your commitment to healing and can significantly influence your legal case. Insurance companies and opposing legal teams scrutinize the accident victims’ behavior to assess their claims’ legitimacy. If you miss appointments, skip medications, or ignore medical advice, they may argue that your injuries aren’t as severe as you say or that you’re not taking your recovery seriously. The insurer could use this argument to reduce your settlement or deny your claim.

Thorough medical documentation is also vital for establishing a clear link between the accident and your injuries. Following your doctor’s treatment plan documents every aspect of your injury and recovery, providing a detailed medical record that supports your case.

Why Does the Truck Accident Investigation Need to Begin Immediately?

Truck accidents often involve complex factors, including driver behavior, vehicle maintenance, and road conditions. When your truck accident lawyer begins their investigation immediately, they have a better chance of capturing critical evidence that might otherwise be lost or compromised over time. Physical evidence at the scene, such as skid marks, vehicle debris, and road conditions, can degrade or be altered quickly. Prompt investigation helps your attorney accurately document evidence.

Witness Testimony

Memories can fade, and witnesses might become more challenging to locate as time passes. By starting the investigation immediately, your truck accident lawyer can obtain detailed and reliable statements from witnesses while their recollections are fresh. This information can be pivotal in reconstructing the accident and determining fault.

Preserving Critical Data

Early involvement of your legal team ensures they can preserve and review crucial data, such as the truck’s electronic logging device (ELD) data, maintenance records, and driver logs. These records are essential for identifying any regulatory violations or negligent practices contributing to the accident.

Preventing Evidence Spoliation

Additionally, an immediate investigation can help prevent the spoliation of evidence. If there is a delay, the trucking company might unintentionally or deliberately destroy or alter critical evidence. By acting promptly, your legal team can issue spoliation letters and take other legal steps to preserve all relevant evidence.

Consult Our Houston Truck Accident Lawyers Now

The Houston truck accident attorneys at Armstrong Lee & Baker LLP are experienced and knowledgeable about the factual and legal issues that commonly arise in these cases. 

If you have been involved in an 18-wheeler or other large trucking collision, please do not hesitate to contact our firm today.

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.

Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.

Get in touch with Scott Armstrong now.