
After an 18-wheeler accident, get to safety, call 911, and get medical care. If you can do so safely, save photos and witness information. Before giving the trucking company’s insurer a recorded statement or signing a settlement, speak with a lawyer about your injuries and the evidence you need to preserve.
I am Greg Baumgartner. I have spent more than 40 years representing injured people and families. My advice after a serious truck wreck is practical: take care of your health, tell the truth about what happened, and get help with the investigation before important evidence is lost.
If an ambulance took you from the scene, you haven’t ruined your case by not taking pictures. Your medical care comes first. A family member or attorney can help gather information afterward.
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What a logbook investigation taught me
Examples of our truck case results
Tell the dispatcher where the crash happened, whether anyone is hurt, and whether there is fire, leaking fuel, or spilled cargo. Follow the dispatcher’s instructions. Stay away from moving traffic and the truck’s load. Do not enter a traffic lane to photograph damage or collect debris.
Give the investigating officer an honest account of what you remember. Say when you do not know an answer. Avoid guessing about speed, distance, or another driver’s actions.
Accept emergency care when needed. Tell medical providers about pain, dizziness, confusion, numbness, or other symptoms, even if another injury seems more serious. Explain that you were in a truck crash and describe how your body was struck or moved.
Some concussion symptoms may appear hours or days later. After a head injury, a worsening headache, repeated vomiting, increasing confusion, or difficulty waking can require emergency care. The CDC’s concussion symptoms and danger signs explain when to seek immediate help.
Our guide to serious injuries caused by truck crashes explains why medical follow-up can matter after the emergency visit.
Useful photos may show the vehicles before they are moved, damage, lane markings, traffic signals, tire marks, debris, and the surrounding road. Photograph the truck’s company name, USDOT number, license plate, and trailer markings if you can.
Save original photos and video, including dashcam files. Back them up without editing them. If you are injured or the scene is unsafe, leave this work to someone else.
Exchange contact and insurance information. Record the trucking company’s name and the identifying numbers on the tractor and trailer. Those vehicles may belong to different companies.
Ask witnesses for their names and phone numbers. Do not assume every witness will appear in the crash report. If someone offers a video, ask for a copy and keep their contact information.
These details also help when the crash involves a company pickup, delivery van, or another vehicle covered by our commercial vehicle accident practice.
Leaving the emergency room does not always mean your recovery is complete. Read the discharge papers, follow the instructions, and arrange any recommended follow-up care. Tell your doctor if symptoms change or new problems appear.
If you cannot get an appointment, lack transportation, or cannot afford the recommended care, document the problem and tell your medical provider and attorney. Explain the actual barrier instead of letting an unexplained gap develop in the records.
I encourage clients to describe their symptoms accurately. Do not minimize a problem because you hope it will go away, and do not exaggerate it. Your doctors need a clear picture of how you are doing.
Report the crash to your own insurance company promptly and review your policy’s duties. Your obligations to your insurer can differ from your obligations to the trucking company’s insurer.
Before giving the other side a recorded statement, signing a broad medical release, or discussing settlement, get legal advice. Early questions may ask you to estimate facts or describe injuries before you know their full extent. Be truthful in every conversation, and avoid speculation.
If you already gave a statement, keep the adjuster’s name and any recording or paperwork you received. Tell your attorney what happened so the statement can be reviewed.
Keep the incident number and the investigating agency’s name. Eligible people can request a Texas Peace Officer’s Crash Report through TxDOT’s crash report resources. Our guide to getting a Texas truck accident police report explains the process.
Check names, vehicle information, witness details, and the description of the crash. Point out factual errors to the investigating agency and your attorney. A report is useful, but it may not include truck data, company records, or video obtained later.
A truck case may involve dashcam video, engine or event data, electronic driver logs, GPS records, dispatch messages, maintenance files, and phone records. Different systems store different information, and retention periods vary. There is no single deadline that protects every source.
Our explanation of black box data after a truck wreck describes the kinds of electronic information that may help an investigation.
A lawyer can identify who controls the evidence and send targeted preservation notices. Further steps, including a lawsuit or court order, may be needed. Sending a letter alone does not guarantee that every record will be saved.
Keep your own photos, messages, medical records, bills, receipts, work records, and insurance letters. Before repairs, disposal, or a salvage transfer, ask your attorney whether your vehicle needs to be inspected. Do not delete existing posts or messages about the crash.
Save proof of missed work and expenses. Make brief, factual notes about symptoms, treatment, and activities you cannot do or can do only with difficulty. Record changes as they happen rather than trying to remember everything months later.
Do not rush to settle an injury claim before your medical outlook is reasonably clear. Ask whether a proposed release covers bodily injury, property damage, or all claims. The wording matters.
Under Texas Civil Practice and Remedies Code Section 16.003, personal injury lawsuits generally have a two-year filing period. A wrongful death claim generally accrues on the date of death. Exceptions can change the calculation, and some claims have earlier notice requirements. Have the dates reviewed for your case.
You do not need to finish treatment or collect every record before calling a lawyer. An early conversation can identify the evidence to preserve while you focus on recovery.
In one truck case I handled, the driver’s logbooks did not tell the full story. We subpoenaed the driver’s cell phone records and compared them with the logs. That work helped establish hours-of-service violations.
The federal hours-of-service rules limit driving and on-duty time for many commercial drivers. Which rules and exceptions apply depends on the operation. Checking a log against independent records can reveal problems that the log alone does not show.
That case is one reason I look beyond the crash report. The records need to be compared with one another. A driver’s account, a company file, and electronic data may tell different parts of the story.
I have handled more than 100 commercial vehicle accident cases. Baumgartner Law Firm accepts a limited number of serious injury and wrongful death matters so I can stay personally involved.
When we accept a case, we investigate the collision, identify the people and companies that may be responsible, and work to preserve the evidence. We also review the medical proof and the effect of the injuries on the client’s future. We use qualified experts when the facts require them.
When choosing a lawyer, ask who will handle the case, what trucking experience that person has, and how the investigation will be funded. You should understand the fee agreement and how case expenses will be handled before you sign.
Our published results include a $5.75 million recovery in a fatal commercial truck collision and a $5 million recovery involving a spinal injury. Those are gross recoveries before attorney fees and case expenses. The published attorney fees and expenses were $2.3 million and $250,000 for the first case, and $2 million and $140,000 for the second.
You can review more truck accident verdicts and settlements. Past results do not guarantee a similar outcome. Each case depends on its evidence, injuries, available coverage, and other facts.
Get the care you need. An attorney may be able to obtain the crash report, contact witnesses, locate video, and arrange inspections. Tell the attorney what you remember and share whatever information you already have.
Possibly. Get medical advice about new or worsening symptoms and explain when they began. A delay does not automatically defeat a claim, but the medical history and other evidence will need to be reviewed.
You can seek advice before an adjuster contacts you. Waiting for an insurance decision may allow useful evidence to disappear. Keep any letters, texts, or voicemails you receive.
Tell your attorney exactly what happened, including facts that concern you. Fault should be evaluated using the available evidence. Do not assume an accusation, a citation, or an early insurance decision settles the issue.
Save the information you have and get advice about preserving evidence. Our page on legal help after a fatal truck accident explains how wrongful death and survival claims can involve different rights and losses. A family member does not need to have every record before asking for help.
No. A consultation gives you a chance to explain what happened and ask questions. Representation begins only if we agree to take the case and enter into an agreement with you.
If you or a family member was seriously hurt, our Texas truck accident law firm can discuss what needs attention now and whether we can help. We offer a free consultation and charge no attorney’s fee unless we recover compensation for you.
Call (281) 893-0760 or request a free truck accident consultation. You do not need to have everything figured out before you call.