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How Can I Protect My Rights After a Truck Accident?

How Can I Protect My Rights After a Truck Accident?

Truck accidents are among the most serious crashes, and they often result in severe injuries or fatalities. For people hurt in an accident, their priority is to take care of their health, but there are other concerns. It is essential to protect your rights to ensure that you get the compensation you deserve for your injuries. There are several things you should do after a crash to help receive fair treatment and will get the optimal payment for your damages.

Report the Accident

Many accidents are significant, and police and medical personnel respond quickly. Sometimes the car accident is somewhat minor, or there are no witnesses to contact law enforcement. It is always best to make sure that you call the police immediately after an accident. An accident report is helpful because it documents and proves the date, time, and location of the crash along with critical details of the incident. The police gather information for the report and take statements from drivers and witnesses. The law requires you to report the crash if the police do not visit the scene. The driver’s crash report is called a CR-2 or “Blue Form.” driver's crash reportYou must file a report whenever you are involved in an accident where there is an injury or fatality or when damages exceed $1,000.

Understand the Accident Laws

It is helpful to understand the laws that govern accident claims in Texas. Texas utilizes the modified comparative negligence law that allows you to receive compensation for an accident, even if you are partly at fault. Many people think that they cannot collect if they had some blame for the crash, but this is not true. As long as you were less than half responsible for the crash, you can make a claim. Your percentage of fault will reduce your recovery. For instance, if you were 10% at fault for the accident and your damages were $100,000, you would get to a $90,000 recovery. Your truck accident attorney will work on your behalf to help prove the negligence of the other driver and your damages. 

File a Claim Quickly

It is in your best interest to file a claim quickly following an accident. The Texas statute of limitations to file a personal injury claim is two years from the occurrence. After that period expires, you cannot recover damages. Do not wait to file a claim until the last minute. Truck accident cases are complex, and trucking companies often have legal teams working on the case from day one. You will need to gather critical data about the truck maintenance and driver logs, which can get “lost” after a while. Your attorney will review the details of the accident and work to obtain essential information quickly following the crash.

Be Wary of Statements

Don’t take the giving of a recorded statement to the truckers adjuster lightly. The purpose of the recording is not to learn the facts of the accident but to get ammunition to use against you on your claim. Always consult the best attorney you can find, before agreeing to a recorded statement.


Following an accident, you want to protect your rights and get paid for the expenses you incurred due to your injuries.

Contact a Trucking Accident Attorney

Contact us to discuss your case with a free initial consultation today.

Call (281) 893-0760



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What are the Time Limits to File a Truck Accident Claim?


How do I File a Claim After a Truck Accident?


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About Greg Baumgartner

Truck accident lawyer Greg Baumgartner
Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representation and personalized attention to every client.