Truck accidents are among the most catastrophic motor vehicle collisions on Texas roads. Due to the size and weight of commercial trucks, these crashes often result in devastating injuries, fatalities, and complex legal claims. Our Texas truck accident lawyers at The Doan Law Firm are here to help you understand the process of a Texas truck accident lawsuit so you and your family know what to expect and how to protect your legal rights.
Step 1: Immediate Aftermath and Medical Treatment
After the collision, the most critical step is seeking immediate medical attention. Even if your injuries seem minor, it is essential to get evaluated by a medical professional. Medical records ensure proper treatment and serve as crucial evidence later in the lawsuit. Additionally, you should preserve evidence by taking photos of the scene, gathering witness contact information, and obtaining the police report.
Step 2: Hiring a Texas Truck Accident Lawyer
Once your condition is stable, you should consult with a Texas truck accident attorney. These cases can involve multiple liable parties, federal and state trucking regulations, and aggressive defense teams. Our experienced lawyers will evaluate the facts, determine whether you have a viable claim, and begin building a case to pursue fair compensation.
Texas follows a two-year statute of limitations for most personal injury claims, including truck accidents. It is crucial to initiate legal proceedings as early as possible to preserve evidence and avoid procedural bars.
Step 3: Investigation and Evidence Gathering
The investigative phase is critical in any truck accident case. Our attorneys will launch a thorough investigation to uncover key details and potential negligence. This stage may include:
- Obtaining the police accident report
- Securing black box (ECM) data from the truck, which records speed, braking, and other data
- Reviewing driver logs and employment records
- Inspecting the truck’s maintenance and inspection history
- Analyzing photos and video footage from traffic or dash cameras
- Interviewing witnesses
- Hiring accident reconstruction experts
Because trucking companies often have rapid-response teams and insurance adjusters dispatched immediately after an accident, it is essential to act quickly and preserve all relevant evidence.
Step 4: Identifying Liable Parties
Truck accident cases frequently involve more than just the driver. Depending on the facts, several parties could be liable, including:
- The truck driver: If negligence such as fatigue, impairment, or distracted driving was involved
- The trucking company: If it failed to vet, train, or supervise the driver properly
- The freight or shipping company: If it improperly loaded cargo
- A vehicle or parts manufacturer: If equipment failure contributed to the crash
- A maintenance provider: If improper repairs led to mechanical issues
Establishing liability can be complicated, as each party will often attempt to deflect blame. Our attorneys will use the investigation to identify responsibility and prepare for potential defenses.
Step 5: Filing the Lawsuit
Once we have gathered evidence and identified liable parties, we will draft and file a civil lawsuit in the appropriate Texas court. The complaint will detail the facts of the case, legal theories, such as negligence or gross negligence, and the damages you seek. We then serve the defendants with the complaint and give them time to respond. In Texas, lawsuits generally begin in state district court, although some cases may be transferred to federal court if they involve out-of-state defendants or federal questions.
Step 6: Discovery Phase
After we file the lawsuit, both sides enter the discovery phase, a pre-trial period during which parties exchange evidence and information. Discovery may include:
- Interrogatories: Written questions that must be answered under oath
- Requests for production: Demands for documents such as maintenance records, employment files, and logbooks
- Requests for admissions: Written statements that the other party must admit or deny
- Depositions: Sworn oral testimony from parties, witnesses, and experts
This stage is time-intensive but vital for uncovering facts that support your claim and expose any wrongdoing by the trucking company or its employees.
Step 7: Settlement Negotiations
Most Texas truck accident lawsuits are resolved through settlement rather than going to trial. Throughout the process, we may engage in negotiations with the defense, presenting evidence and outlining the damages you have suffered. A fair settlement will account for:
- Past and future medical expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Property damage
- Permanent disability or disfigurement
- Emotional distress
If the trucking company or its insurer offers a reasonable settlement amount, the parties may resolve the case without going to trial. However, if they deny liability or undervalue your claim, we may recommend proceeding to court.
Step 8: Trial
If we cannot settle, the lawsuit will proceed to trial. In a Texas truck accident trial, both sides will present their evidence and arguments before a judge or jury. We will present witness testimony, expert analysis, and documentation of damages. The defense will do the same, often trying to minimize their client’s role in the crash.
At the conclusion of the trial, the jury or judge will determine liability and the amount of compensation to award. A favorable verdict can result in a significant financial recovery, though the process is more time-consuming and uncertain than settling.
The Role of Comparative Fault in Texas
Texas follows a modified comparative fault rule. This means the court may reduce your compensation by your percentage of fault, and if it finds you more than 50% at fault, you cannot recover damages at all.
For instance, if a jury finds that a truck driver ran a red light but you were speeding at the time, they may find you 20% at fault. If they award you $100,000, you would recover $80,000 after that reduction. This makes evidence-gathering and liability determination even more critical.
Our Texas Truck Accident Attorneys Can Help
The Texas truck accident lawsuit process is complex and involves numerous legal hurdles and strategic decisions. It requires a thorough understanding of state and federal trucking regulations, significant investigative resources, and a willingness to take a case to trial if needed. A trucking company and its insurer have vast resources to fight a claim, and you should not have to face them alone, especially while focusing on your physical recovery.
Our Texas truck accident lawyers at The Doan Law Firm can guide you through every step of this intricate process. If you have been injured in a truck accident, seeking legal advice can help you understand your rights and the best path forward. Contact our accident and injury attorneys for a free consultation to discuss the details of your case, understand your rights, and start the legal process.