If you were hit by a semi-truck in Texas, you should call 911 immediately, seek medical attention even if you feel fine, document the scene thoroughly, and contact a truck accident attorney before speaking with the trucking company’s representatives. The actions you take in the first 24 to 48 hours after the crash are often the most important factor in the outcome of your case.
Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.
Why Semi-Truck Accidents Are Different From Car Accidents
An 18-wheeler loaded to the federal maximum weighs up to 80,000 pounds and can stretch 70 to 80 feet in length. When that mass strikes a passenger vehicle, the resulting injuries are typically far more severe than those from a standard two-car collision. Traumatic brain injuries, spinal cord damage, internal organ injuries, and fatalities are common outcomes.
The legal landscape is also more complicated. Trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA), employ their own accident response teams, and carry insurance policies worth hundreds of thousands to millions of dollars. They know how to minimize claims. You need to know how to protect yours.
Step 1: Call 911
Call 911 from the scene as soon as it is safe to do so. A police report from a Texas Department of Public Safety trooper or local law enforcement officer is foundational evidence in any truck accident claim. The report will document the positions of the vehicles, note any visible violations, and often record witness contact information. In Texas, you are required by law to report accidents involving injury, death, or property damage exceeding $1,000.
Do not assume the truck driver or the trucking company will accurately report what happened. Get your own official record.
Step 2: Seek Medical Attention Immediately
Go to the emergency room or an urgent care clinic as soon as possible — even if you do not feel seriously injured. Adrenaline commonly masks pain in the hours following a serious collision. Conditions such as traumatic brain injury, internal bleeding, herniated discs, and soft tissue damage may not produce obvious symptoms until hours or days later.
Delaying medical care creates two problems. First, it can allow serious injuries to worsen. Second, the trucking company’s insurance adjuster will argue that your injuries were not caused by the crash or were not serious enough to require immediate care. A continuous medical record starting from the day of the accident is critical to documenting causation.
Step 3: Document the Scene
If you are physically able to do so safely, document everything at the scene before vehicles are moved:
- Photograph the damage to all vehicles from multiple angles
- Photograph the truck’s license plate, DOT number, and company name on the cab and trailer
- Photograph road conditions, skid marks, debris fields, and traffic signs or signals
- Photograph your own visible injuries
- Record video of the overall scene if possible
- Get the names, contact information, and statements from any eyewitnesses
- Write down everything you remember about what happened, in as much detail as possible, as soon as you can
The DOT number on the truck cab allows your attorney to immediately pull the carrier’s FMCSA safety record, inspection history, and prior violations — information that is publicly searchable and often highly relevant to the case.
Step 4: Get the Driver’s Information
Obtain the following from the truck driver before leaving the scene, or ask law enforcement to document it in their report:
- Full name and contact information
- Commercial driver’s license (CDL) number and issuing state
- Trucking company name, address, and phone number
- Insurance carrier and policy number
- Vehicle identification number (VIN) for the truck and trailer
Step 5: Do Not Sign Anything From the Trucking Company
This step cannot be overstated. Within hours of a serious commercial truck accident, the trucking company’s insurance adjusters and sometimes attorneys may contact you — at the scene, at the hospital, or at your home. They may express concern, offer a quick settlement, or ask you to sign documents they describe as routine paperwork.
Do not sign anything. Do not give a recorded statement. Do not accept any settlement offer before speaking with an attorney.
Early settlement offers from trucking company insurers are almost always far below the actual value of the claim. Once you sign a release, you give up the right to seek further compensation — even if your injuries turn out to be far more serious than initially understood. Spinal injuries, for example, can require surgery months after the accident.
Step 6: Understand the Trucking Company’s Response Protocol
Large trucking companies and their insurers deploy what the industry calls “go teams” — specialized accident response units that include investigators, adjusters, and sometimes attorneys. These teams can be on-site within hours of a serious crash. Their job is to gather and preserve evidence favorable to the company, document the scene before conditions change, and begin building the defense.
You are at a significant disadvantage if you do not have your own representation acting with equal urgency.
Step 7: Preserve Evidence — Contact an Attorney Immediately
The most time-sensitive evidence in an 18-wheeler accident case is also the most valuable:
Black Box (EDR) and ELD Data
Commercial trucks are equipped with event data recorders (EDRs), sometimes called black boxes, that capture vehicle speed, brake application, engine RPM, and other data in the seconds before a crash. They also carry electronic logging devices (ELDs) mandated under 49 CFR § 395.8 that record hours of service data showing whether the driver was in violation of federal driving limits at the time of the accident. This data is typically stored on a rolling basis and can be overwritten within 30 days — sometimes sooner.
Driver Logbooks and Qualification Files
Paper logbooks, ELD records, driver qualification files, drug and alcohol test results, and training records are all subject to retention requirements under FMCSA regulations. An attorney can issue a formal spoliation letter demanding that the trucking company preserve all of this evidence and place a litigation hold on any data subject to destruction.
Dashcam and Surveillance Footage
Many commercial trucks carry forward-facing and driver-facing cameras. Footage from nearby businesses or traffic cameras along routes like the I-2/US-83 corridor through the Rio Grande Valley may also capture the crash. This footage is often retained for only a short period before being automatically overwritten.
Step 8: Track All of Your Losses
From the date of the accident forward, document every financial and personal loss connected to the crash:
- All medical bills, prescriptions, and out-of-pocket expenses
- Days of work missed and any reduction in earning capacity
- Costs of transportation to medical appointments
- Personal journal entries describing your pain, limitations, and the effect of your injuries on daily life
These records form the foundation of your damages calculation. Non-economic damages such as pain and suffering are harder to quantify, and a detailed personal record of how the injuries have affected your life is some of the most persuasive evidence available.
Texas Statute of Limitations
Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of the accident to file a personal injury lawsuit. However, the practical deadline for preserving critical evidence is measured in days, not years. Acting quickly gives your attorney the best opportunity to obtain EDR data, ELD records, dashcam footage, and witness statements before they are lost.
Frequently Asked Questions
What if I feel fine right after the crash — should I still see a doctor?
Yes. You should seek medical evaluation immediately regardless of how you feel. Adrenaline can mask pain for hours after a serious collision, and conditions such as traumatic brain injury, internal bleeding, and spinal damage may not produce obvious symptoms right away. A medical record documenting your condition starting on the day of the accident is essential to your case.
Can I talk to the trucking company’s insurance adjuster?
You are not required to speak with the trucking company’s insurer, and you should not do so before consulting an attorney. Insurance adjusters are trained to gather information and minimize payouts. Anything you say — including an innocent description of the events — can be used to reduce or deny your claim.
How fast does a trucking company respond after a serious accident?
Major trucking companies and their insurers routinely deploy accident response teams within hours of a serious crash. These teams are focused on protecting the company’s interests. This is why contacting an attorney as quickly as possible after the accident is critical — your attorney can act with the same urgency to preserve evidence on your behalf.
What is a spoliation letter?
A spoliation letter is a formal written demand from your attorney to the trucking company and its insurer requiring them to preserve all relevant evidence — including EDR/ELD data, maintenance records, driver logs, and communications — and to place a litigation hold that stops any routine destruction of that evidence. If a company destroys evidence after receiving a spoliation letter, a court can instruct the jury to assume the destroyed evidence was unfavorable to the company.
What if the truck driver fled the scene?
If the truck driver left the scene, document as much as you can — especially any partial plate numbers, the truck color and markings, the DOT number if visible, and the direction of travel. Report this to law enforcement immediately. Depending on the circumstances, uninsured/underinsured motorist coverage on your own auto policy may provide some recovery even if the driver is not immediately identified.
Should I post about my accident on social media?
No. Do not post about the accident, your injuries, or your legal case on any social media platform. Defense attorneys and insurance adjusters routinely monitor the social media accounts of claimants. A photo showing you walking normally or a post minimizing the incident can be used against you in negotiations or at trial.
How long do I have to file a lawsuit in Texas?
Texas Civil Practice and Remedies Code § 16.003 gives you two years from the date of the accident to file a personal injury lawsuit. Missing this deadline almost always results in a permanent bar to recovery. However, do not wait — the most critical evidence must be preserved in the days and weeks immediately following the crash.
For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.