What Is the Process for Filing a Truck Accident Claim in Houston?

Hands of client and lawyer filing a truck accident claim. | Patrick Daniel Law
Share this:

You’ve just survived a truck accident in Houston, and you’re wondering, “What is the process for filing a truck accident claim?” The first thing to know is that truck accident claims are far more complex than those for other types of accidents. There are two main reasons for this:

  1. They often result in more serious injuries and significant damage: Fully loaded 18-wheelers can weigh over 80,000 pounds, which is 16 times the weight of an average midsize truck or SUV. As a result, the damage caused is often much greater.
  2. There are more parties involved: The laws and regulations surrounding the trucking industry make liability less obvious. Responsible parties may include the driver, trucking company, parts manufacturers, loading companies, and others.

Because of this complexity, the most critical piece of advice we can give you is to speak with an experienced truck accident attorney about your situation as soon as possible. The earlier we can start investigating your claim and building a case, the better chance we have of protecting your rights.

What is the process for filing a truck accident claim? We will address that question here, but know that when it gets complicated, we have the experience and skill to guide you. At Patrick Daniel Law, we are Strategic. Meticulous. Merciless. because that’s what truck accident victims need to secure compensation.

Call us today at (713) 999-6666 to schedule your FREE case evaluation and discuss the viability of your claim.

What Is the Process for Filing a Truck Accident Claim?

After a truck crash, take these steps immediately. These measures will ensure your safety and set you up to successfully walk this sometimes difficult path. The following are the first actions to take in the process of filing a truck accident claim:

1. Prioritize Safety!

Make sure that you and everyone involved are safe at this moment. Move to a secure area, away from traffic, and use hazard lights to inform other drivers.

2. Call 911

Call 911 as soon as possible. Truck accidents can cause massive destruction. Emergency responders can provide medical assistance, and the police will be able to document the scene.

3. Gather Evidence

If you are able and it is safe, collect as much evidence as possible. Take photos/video of the accident, vehicle damage, road conditions, and injuries. Get the contact info of witnesses, passengers, and other drivers.

4. Get Medical Attention!

Seek medical care immediately. Depending on the severity of your injuries, you may need to go in the ambulance or directly to the emergency room. Visit urgent care for less serious injuries. Even if you don’t feel injured, visit your doctor. Some injuries will be masked by adrenaline or show up later.

5. Consult a Truck Accident Lawyer

Things are about to get difficult. While you’re giving all your energy to your recovery, the bills are stacking up, and the insurance companies are digging in their heels. Contact a Houston truck accident lawyer to guide you through this complex legal process. They can handle all communications and start building a rock-solid claim on your behalf.

Every step improves your chances of securing fair compensation. But you can’t do this alone. A driven attorney will be your best resource in this process.

What To Expect When Filing a Truck Accident Claim

Unfortunately, the truck accident claim process is a complicated, frustrating one. You can expect:

  • Insurance companies to begin calling you regularly, asking for everything from recorded statements to medical records (don’t give them either without talking to an attorney)
  • Lowball settlement offers that don’t even begin to cover your losses
  • Finger-pointing on the part of insurance companies, blaming everyone from you to other parties involved, whether that be a maintenance company or a parts manufacturer

The good news is that hiring a truck accident attorney can relieve much of the stress these challenges cause. A lawyer will handle the communications with insurance companies on your behalf.

How Long After an Accident Do You Have To File a Claim in Texas?

After being injured in an accident, you must file a lawsuit within 2 years of the date of the accident, according to Texas law. This is referred to as the statute of limitations, a law that governs time limits for both civil and criminal matters.

Statutes of limitations are intended to encourage quick resolution of legal matters, prevent plaintiffs from filing claims when evidence is likely damaged or lost, and keep the courts from being bogged down with old civil suits.

However, it can also lead to accident victims being unable to recover the compensation they need and deserve following an accident. If they fail to bring suit before the two-year time limit, their case will most likely be thrown out.

This is why you should never delay pursuing compensation if you have been in a truck accident due to someone else’s negligence. Two years may seem like a long time, but the complexity of truck accident claims requires a thorough investigation, detailed evidence gathering, in-depth negotiations, and more.

How Long Does a Truck Accident Settlement Take?

How long a truck accident claim takes to settle varies quite a lot depending on a few factors:

  1. How serious were the damages? In highly traumatic accidents, injuries can be very severe, leading to extensive damages. This can complicate every aspect of the process, from gathering evidence to negotiating with the insurance companies.
  2. How clear is liability? If the cause of the accident is evident and indisputable, the settlement process tends to be relatively quick. If liability is disputed, however, it can make the process last much longer.
  3. Is the insurance company willing to offer a fair settlement? If so, you can settle the claim outside of court. If not, the only way to recover fair compensation may be to take the case to trial, which can take much more time than a settlement.

The most important thing is that you have a truck accident attorney on your side. They can keep the process moving as quickly as possible and ensure you understand your options.

For example, while settling the case outside of court may be easier and quicker for everyone, sometimes the only way to recover fair compensation is to file a lawsuit. Your attorney must make sure you have all of the information available to make the decision that is best for you and your family.

How To Deal With Insurance Companies

If you take nothing else from this, remember that insurance companies are not on your side. This is precious knowledge in truck accident claims when you may be dealing with multiple insurance companies, including the driver’s, the trucking company’s, and others.

Each insurance company you deal with will have one primary goal: to avoid liability and pay as little as possible in compensation. That’s why the best thing you can do when dealing with an insurance company is to not deal with them. Hire a confident, merciless attorney who will do it for you.

We have extensive experience building cases and negotiating with insurance companies. We can ensure you won’t be taken advantage of during the claims process.

Read More: How Insurance Companies Handle Truck Accident Claims

Why Hire a Houston Truck Accident Attorney?

Beyond dealing with insurance companies, truck accident attorneys provide many key benefits to truck accident victims, including:

  • Investigating the claim
  • Calculating damages
  • Working with expert witnesses
  • Representing you in a court of law, if necessary
  • Managing the claim from start to finish, including all deadlines and paperwork

Our goal in handling these tasks is not just to take the burden off you so you can get better but to ensure you recover the compensation you need and deserve.

Contact Patrick Daniel Law Today

After being involved in a truck accident, your life may feel upended. Beyond the physical and emotional struggles, the legal uncertainty can also feel overwhelming. And it’s hard to know who to trust.

More important than asking the question, What is the process for filing a truck accident claim? is finding a steadfast and experienced Houston truck accident attorney. At Patrick Daniel Law, we’re here for you. We’ve built a reputation as a highly dedicated team because we care about our clients—and we get results.

To get started with a FREE case evaluation, contact us today. We represent clients in Houston and throughout Texas.

  • FREE Case Evaluation
    Share your experience and we will get back to you A.S.A.P.
    Share your experience and we will get back to you A.S.A.P. or call (713) 999-6666.
  • This field is for validation purposes and should be left unchanged.

Patrick Daniel's Awards and Recognition