Houston Truck Accident Legal Process

According to state reports, Harris County consistently ranks among the highest in Texas for commercial truck crashes, with thousands of incidents reported annually. These accidents are often devastating, leaving victims with serious injuries.

The truck accident claim process in Houston can feel overwhelming without the right guidance. That is why many injured victims turn to a Houston truck accident lawyer to protect their rights and help them through the claims process.

Relevant Trucking Laws and Regulations in Houston

Two major sources of law apply in these cases:

• Texas Traffic Laws: Truck drivers must obey all traffic rules – speed limits, right-of-way, and safe driving requirements. State law also sets weight limits, requires trucks to be properly loaded and secured, and mandates higher insurance minimums for commercial carriers.
• Federal Motor Carrier Safety Regulations (FMCSR): These federal rules cover how long a truck driver can be on the road, mandatory rest periods, required vehicle inspections, drug and alcohol testing, and cargo securement. If a driver or company ignores these regulations, it can strengthen a victim’s case by showing negligence.

For example, if a driver stayed behind the wheel longer than allowed and caused a crash because of fatigue, that rule violation directly supports your truck accident claim. 

Likewise, if a trucking company skipped required maintenance and a brake failure led to a collision, that becomes a powerful piece of evidence in your truck accident case.

1. Immediately After a Truck Accident

The first steps after a truck accident in Houston are important both for safety and for protecting your rights:

• Report the Accident: Police will secure the scene, and an official crash report will be created. This document is crucial later in your truck accident claim.
• Get Medical Help Right Away: Some injuries are not obvious at the scene. Seeking medical care also creates a record that ties your injuries to the accident.
• Collect Evidence if You Can: Photos of the scene, truck, and your injuries, as well as names of witnesses, may help strengthen your case.
• Exchange Information: Gather the driver’s name, trucking company, license number, and insurance details.

Even if you feel fine, do not skip medical care or dismiss your injuries. Truck accident injuries can worsen over time, and early treatment helps both your health and your legal case.

2. The Investigation Phase

Once you are safe, the focus shifts to investigating the crash. This is where having a truck accident attorney in Houston can make a major difference.

• Evidence Preservation: Trucks often have black box data that records speed, braking, and hours driven. A lawyer will send legal notices to prevent the trucking company from erasing or hiding this data.
• Driver Records: An attorney will review whether the driver had the proper license, training, or a history of violations.
• Company Policies: Did the trucking company push drivers to skip rest breaks? Did they ignore safety inspections? These details matter.
• Expert Input: Accident reconstruction specialists and medical experts may be brought in to explain how the crash happened and the extent of your injuries.

The investigation builds the foundation of your truck accident case. Without it, an insurance company may try to shift blame or downplay your losses.

3. Filing a Truck Accident Claim

With the evidence collected, your attorney will move forward with filing your truck accident claim. 

This usually begins with a demand letter to the trucking company’s insurer outlining:

• How the accident happened
• Why the truck driver or company is responsible
• The full scope of your damages, including medical costs, lost wages, and pain and suffering

Because truck accidents often involve multiple insurance policies, sorting out coverage can be complicated. This is another reason why victims benefit from working with a truck accident lawyer who knows how to handle the process.

4. Negotiation with Insurance Companies

Insurance adjusters are trained to save their company money. 

In truck accident cases, they may:

• Offer a quick settlement that is far too low
• Try to argue that your injuries were pre-existing
• Suggest that you were partly at fault

Texas follows a comparative fault rule, meaning your compensation can be reduced if you are found partially responsible for the crash. 

Many truck accident claims settle during negotiations, but when insurers refuse to pay fairly, the next step is filing a lawsuit.

Step 5: Filing a Lawsuit 

If a settlement cannot be reached, your attorney will file a lawsuit in court. 

Here’s what happens next:

• Filing the Petition: The legal complaint is submitted to the court, naming the responsible parties.
• Discovery: Both sides exchange information, take depositions, and gather evidence under court supervision.
• Mediation: Courts often encourage settlement talks before trial.
• Trial: If no agreement is reached, a jury decides liability and damages.

Truck accident trials can be technical, involving trucking safety experts, accident reconstructions, and medical testimony. A strong trial strategy can mean the difference between fair compensation and walking away with less than you deserve.

Statute of Limitations for Truck Accident Claims in Texas

In Texas, the statute of limitations sets the deadline for filing a lawsuit after a truck accident. 

For most personal injury cases, including truck accident claims, the time limit is 2 years from the date of the crash. This means an injured person must file a lawsuit within 2 years, or they risk losing the right to seek compensation in court.

This deadline applies to claims for injuries, property damage, and wrongful death caused by truck accidents. If someone passes away in a truck accident, their family generally has 2 years from the date of death to bring a wrongful death claim.

There are limited exceptions to these time limitations. 

For example, if the injured person is a minor at the time of the accident, the 2-year clock may not start until they turn 18. Similarly, if the case involves a government-owned truck, notice requirements are much shorter to preserve the claim.

Failing to file within the statute of limitations usually means the court will dismiss the case, regardless of how strong the evidence may be. Consulting a truck accident lawyer soon after the crash helps ensure that evidence is preserved and deadlines are met.

The Role of a Houston Truck Accident Lawyer

Every stage of a truck accident case is more manageable with legal representation. 

Here’s what a lawyer does for victims:

• Protects your rights and prevents insurance companies from taking advantage of you
• Handles all communications and legal deadlines
• Gathers and preserves crucial evidence
• Works with experts to strengthen your case
• Pursues the maximum compensation available under Texas law.

Most importantly, your attorney allows you to focus on recovery while they handle the legal battle.

Entrust Your Truck Accident Claim to an Attorney in Houston 

The Houston truck accident legal process can feel overwhelming, but you do not have to go through it alone. From the moment the crash occurs to settlement or trial, having the right support is essential. 

Filing a truck accident claim is more than just recovering money; it’s about accountability, justice, and securing your future.

The Morgan Law Group is here to stand with truck accident victims. With the help of our truck accident attorney in Houston, you can focus on healing while our attorney handles the fight for fair compensation.

If you or a loved one has been hurt in a truck accident, know your options. Call our office in Houston today at (346) 239-7307 or contact us using our online form to schedule a free consultation.