Truck accidents are among the most serious and devastating types of motor vehicle collisions in Texas. With massive 18-wheelers and commercial trucks sharing highways with smaller passenger vehicles, the potential for life-altering injuries or fatalities is high. If you or a loved one has been injured in a truck accident, understanding how to file a truck accident claim in Texas is a critical first step toward getting justice and financial compensation.
At Kherkher Garcia, our truck accident attorneys have spent decades fighting for victims of catastrophic truck accidents. Our team knows the laws, the insurance tactics, and – most importantly – how to win. This guide will walk you through every step of the claims process, from the crash scene to the courtroom.
Steps to Take after a Truck Accident
Truck accidents never happen at a good time. But there are some steps you can take after an accident to protect yourself and begin to protect your legal rights. Here are our recommendations:
After an Accident Prioritize Safety and Medical Attention
Your health and safety should always come first. After a truck accident:
- Call 911 Request police and emergency medical services.
- Get medical attention, even if you feel fine. Some injuries, like internal trauma or brain injuries, may not show symptoms right away.
- If possible, move to a safe location to avoid further danger.
- Do not leave the scene until law enforcement allows you to.
Documentation from first responders and emergency room visits will be important later in your claim.
Gather Evidence at the Scene (If You Can)
If you’re physically able, try to collect the following:
- Photos and videos of the crash scene, vehicle damage, skid marks, road conditions, and visible injuries.
- Truck driver information, including name, license number, and employer.
- Witness contact info and statements, if available.
- Police report number and responding officer’s name.
The sooner this evidence is collected, the better. Trucking companies and their insurers may try to clean up the scene or repair the vehicle before a thorough investigation can take place. At Kherkher Garcia, our legal team moves quickly to preserve evidence, sometimes within hours of being retained.
Report the Accident
You must report the accident to the appropriate parties:
- Local police or Texas Highway Patrol if you haven’t already.
- Your insurance company, even if you were not at fault.
- If you were driving as part of your job, you may also need to inform your employer.
Be honest, but avoid giving recorded statements or accepting blame. Insurance adjusters may try to use your words against you.
Understand Who May Be Liable
Unlike typical car accidents, truck accident cases often involve multiple liable parties, including:
- The truck driver
- The trucking company
- The cargo loader
- The truck or parts manufacturer
- A third-party maintenance contractor
Texas follows a modified comparative fault rule, which means your compensation may be reduced if you are partially at fault. However, if another party is primarily responsible, they can be held liable for damages like:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Disability or disfigurement
- Emotional distress
Identifying and pursuing all liable parties requires deep knowledge of both state and federal trucking regulations. That’s why having an experienced legal team like Kherkher Garcia matters.
Contact a Truck Accident Attorney
Truck accident claims are complex. Trucking companies and insurers have teams of lawyers working to protect their interests. You need someone fighting for yours.
At Kherkher Garcia, we:
- Launch independent investigations to uncover key evidence, such as driver logs, black box data, GPS records, and maintenance reports.
- Work with accident reconstruction experts to prove fault.
- Calculate your full damages, including long-term medical care, lost earning capacity, and future pain and suffering.
- Handle all communication with insurance companies so you don’t get taken advantage of.
- File your claim in accordance with Texas law and, if necessary, take the case to trial.
We have a long track record of securing substantial recoveries for truck accident victims across Texas and beyond.
File an Insurance Claim
Most truck accident cases begin with an insurance claim. This could involve:
- The truck driver’s commercial auto policy
- The trucking company’s liability insurance
- Your own uninsured/underinsured motorist coverage
Filing a claim involves submitting evidence of liability and damages. Be aware:
- Insurance adjusters may downplay your injuries or offer quick lowball settlements.
- You may be asked to give a recorded statement—which you should avoid without legal counsel.
Kherkher Garcia can prepare and submit your claim on your behalf, ensuring that the value of your case is properly documented and supported with evidence.
Negotiate a Settlement (or File a Lawsuit)
Once your claim is submitted, the insurer will typically respond with a settlement offer. You should never accept a settlement without reviewing it with an attorney. If the offer is too low (and it often is) you have two options:
- Continue negotiating
- File a personal injury lawsuit in civil court
Texas law gives you two years from the date of the accident to file a lawsuit. If negotiations stall, we can take the case to court before the deadline expires. At Kherkher Garcia, we’re trial attorneys, not just paper pushers. If the other side won’t be fair, we’ll make them face a jury.
Litigate the Case (If Necessary)
If your case goes to trial, our legal team will:
- File the complaint in the appropriate Texas court
- Conduct discovery, including depositions and document requests
- Represent you at hearings and mediation
- Present a compelling case at trial to secure a fair verdict
Throughout the process, we keep you informed, answer your questions, and fight relentlessly for your rights. Many cases settle before trial – but if yours doesn’t, we are fully prepared.
What to Avoid After a Truck Accident
To protect your rights and your claim, avoid these common mistakes:
- Don’t admit fault at the scene or to insurers.
- Don’t delay medical treatment – even minor symptoms should be evaluated.
- Don’t sign anything from the trucking company or insurer without legal review.
- Don’t post about the accident on social media – it can be used against you.
Let Kherkher Garcia be your advocate. We know the playbook insurers use, and we’re here to level the playing field.
How Kherkher Garcia Advocates for Truck Accident Victims
At Kherkher Garcia, we have built a national reputation on standing up to powerful corporations, trucking companies, and insurers who put profits before people. What sets us apart:
- Decades of experience handling catastrophic truck and commercial vehicle cases
- Aggressive investigation and litigation strategies
- Trial-ready attorneys who won’t back down
- Compassionate client service – we’re here for you every step of the way
We have helped countless clients recover millions in verdicts and settlements. We know what you’re going through, and we know how to win.
Advocacy In and Out of the Courtroom
At Kherkher Garcia, our commitment to truck accident victims goes beyond the courtroom. We actively support efforts to strengthen safety regulations and advocate for legislation that holds trucking companies accountable. By working with lawmakers, safety organizations, and industry watchdogs, we fight for tougher enforcement of commercial trucking standards, better protections for injured drivers and passengers, and systemic changes that reduce the risk of future accidents. Our goal is not only to win justice for our clients but to help create a safer future for everyone on Texas roads.
Common Truck Accident Injuries We Handle
Truck accidents often result in serious, life-altering injuries. At Kherkher Garcia, we have helped victims recover compensation for:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and orthopedic trauma
- Severe burns and lacerations
- Internal organ damage
- Amputations
- Wrongful death
If you or a loved one has suffered any of these injuries, you need legal support right away.
Frequently Asked Questions
Have questions about truck accidents or claims? Our team is here to help. Here are a handful of the questions we receive most often about truck accident claims:
How long do I have to file a truck accident claim in Texas?
You have two years from the date of the accident to file a personal injury lawsuit. However, acting quickly gives your attorney more time to gather evidence and build your case.
What if the truck driver was from out of state?
No problem. Many truck drivers operate across state lines. Our team has the resources and experience to pursue out-of-state drivers and companies while applying Texas law to your case.
What if I was partially at fault?
Under Texas’s modified comparative fault rule, you can still recover damages as long as you were less than 51% at fault. Your compensation will be reduced by your percentage of fault.
How much does it cost to hire Kherkher Garcia?
We work on a contingency fee basis. That means you pay nothing upfront and no legal fees unless we win your case.
Talk to a Texas Truck Accident Attorney Today
If you have been injured in a truck accident in Texas, don’t face the road to recovery alone. The trucking company already has lawyers working to minimize your claim – shouldn’t you have a team fighting just as hard for you? At Kherkher Garcia, we are ready to help you take action. We will investigate the cause of the crash, hold the responsible parties accountable, and fight to get you the compensation you deserve.
Call us now or contact us online for a free consultation. Let us put our experience, resources, and passion for justice to work for you.
Image by svstudioart on Freepik
