Injured in a Truck Accident in Houston? Here’s What to Do First

Texas leads the nation in fatal commercial truck crashes. In 2024, the state recorded 39,393 commercial motor vehicle crashes — resulting in 608 deaths and more than 1,600 serious injuries. Harris County alone accounted for more than 6,100 of those crashes. If you were injured in a Houston truck accident, what you do in the first hours and days determines how much evidence survives, how strong your case becomes, and how much compensation you ultimately recover.

Why Truck Accidents Are Different From Car Accidents

Commercial truck crashes are not car accidents with bigger vehicles. They are a separate legal category governed by federal law — specifically, the Federal Motor Carrier Safety Administration (FMCSA) and its regulations under Title 49 of the Code of Federal Regulations. Multiple parties can share liability in a single crash: the driver, the motor carrier, a cargo shipper, a vehicle lessor, and even a parts manufacturer. Insurance minimums are dramatically higher than for private cars — the MCS-90 endorsement required under 49 CFR § 387.9 mandates certain insurance limits for carriers. And from the moment a serious crash occurs, the trucking company’s insurer begins investigating, preserving evidence that favors the defense, and preparing to pay as little as possible.

The injured victim needs to start working just as fast.

Step 1 — Get Medical Care, Even If You Feel Fine

Go to the emergency room or urgent care immediately. Traumatic brain injuries, internal bleeding, herniated discs, and soft-tissue damage often produce no obvious symptoms in the hours after a crash. A gap in medical treatment is one of defense counsel’s most reliable arguments — that the injuries were minor, pre-existing, or caused by something unrelated to the crash. Document everything from the first day: every symptom, every provider, every prescription, every limitation on your daily life.

Step 2 — Contact Law Enforcement and Secure the Crash Report

Make sure a police report is filed. In Texas, the official crash report (Form CR-3) is prepared by the responding officer and filed with the Texas Department of Transportation. It documents the officer’s observations, citations issued, and preliminary fault determinations. It is the factual foundation of the civil case. Your attorney can request this report — and any supplemental records — after it is filed.

Step 3 — Preserve Electronic Evidence Before It Disappears

This is the most time-sensitive step in any trucking case. Modern commercial trucks carry multiple data sources that can prove exactly what happened before and during the crash:

• Event Data Recorder (EDR). Often called the black box, the EDR captures speed, braking force, throttle position, and engine performance in the seconds before and during impact. EDR data can be overwritten in as little as 30 days. Once it is gone, it cannot be recovered.
• Electronic Logging Device (ELD). Under FMCSA regulations at 49 CFR Part 395, Subpart B, most commercial carriers must use certified ELDs to record driver hours. The ELD documents whether the driver violated the 11-hour driving limit or 14-hour on-duty limit — and carriers are required to retain this data for at least six months.
• Dashcam and GPS data. Many carriers use dashcams and telematics systems that record forward-facing video, GPS location, and real-time speed data. This footage is among the first things a carrier preserves when the footage favors the defense — and destroys when it does not.

An attorney can send a spoliation letter — a formal legal demand requiring the carrier and its insurer to preserve all crash-related evidence. Once the carrier receives that notice, intentionally destroying or altering evidence opens the door to a spoliation inference at trial: the jury can be told to assume the destroyed evidence would have been damaging to the carrier’s case.

Step 4 — Do Not Give a Recorded Statement to the Carrier’s Insurer

The insurance adjuster calling you works for the trucking company. Their job is to resolve your claim for as little money as possible. Anything you say in a recorded statement — including inadvertently minimizing your injuries, speculating about the crash, or acknowledging any action you took beforehand — becomes a record the defense will use. Decline politely. Tell them your attorney will be in contact.

Step 5 — Contact a Trucking Accident Attorney Before the Evidence Window Closes

The two-year statute of limitations under Texas Civil Practice and Remedies Code § 16.003 governs personal injury claims. Two years feels like a long runway. It is not. Experts need to be retained, the crash scene needs to be investigated, and electronic evidence is most vulnerable in the days immediately after the crash. Our truck accident attorneys at Greenberg Streich Injury Lawyers can send a preservation demand the same day.

If you or a family member was injured in a Texas truck accident, Greenberg Streich Injury Lawyers offers free, confidential consultations. You pay nothing unless the firm wins. Call 832-583-3471 or visit our website.

What Damages Are Available After a Texas Truck Accident

Texas law allows injured truck accident victims to recover: past and future medical expenses, physical pain and mental anguish, physical impairment and disfigurement, lost earning capacity, and property damage. Where the carrier or driver acted with gross negligence — conscious indifference to the risk their conduct created — Texas Civil Practice and Remedies Code § 41.003 allows the jury to award exemplary damages on top of compensatory damages. HOS violations, a prior safety record, and internal communications showing pressure on drivers to skip rest stops can all support a gross negligence finding.

Frequently Asked Questions

How long do I have to sue after a truck accident in Texas?

Two years from the date of injury under Tex. Civ. Prac. & Rem. Code § 16.003. Do not wait — evidence overwrites, witnesses disappear, and the carrier’s defense team is already working.

Who can be held liable after a Houston truck accident?

The driver, the motor carrier, a cargo shipper, the vehicle owner (if different from the carrier), a leasing company, or a parts manufacturer — depending on what caused the crash. Multiple defendants can share liability in the same case.

What is the truck’s black box and why does it matter?

The EDR captures speed, braking, and engine data in the seconds before a crash. It can overwrite in 30 days. An attorney can send a legal hold letter immediately after the crash to require the carrier to preserve it.

Why can’t I deal with the insurance company myself?

Trucking carriers carry sophisticated legal teams and adjusters trained to minimize claims. A recorded statement, an early settlement offer, or a signed release can permanently cut off your rights. An attorney levels that playing field.

What damages can I recover after a Texas truck accident?

Medical expenses, physical pain and mental anguish, physical impairment, lost earning capacity, and property damage. Gross negligence can add exemplary damages — available when the carrier showed conscious indifference to safety.

Injured in a Houston Truck Crash? Call Greenberg Streich Injury Lawyers.

Greenberg Streich Injury Lawyers represents truck accident victims in Houston and across Texas against carriers, their insurers, and their defense teams. The consultation is free and confidential, and the firm charges no fee unless it wins. Call 832-583-3471 or visit our trucking accident lawyer page to speak with a truck accident attorney today.