Key Takeaways
- Trucking accident cases are complex and take time—often months to years to resolve.
- Early medical care and evidence preservation are critical to building a strong case.
- Multiple parties may be liable, and federal trucking laws add layers of complexity.
- An experienced Texas truck accident lawyer can handle the process and fight for maximum compensation.
- The Burkett Law Firm works on a contingency fee basis—no fees unless we win.
Texas highways are home to heavy commercial truck traffic, which unfortunately means a higher risk of serious trucking accidents. From 18-wheelers to delivery trucks, collisions involving large commercial vehicles often result in life-changing injuries, mounting medical bills, and a complex legal road ahead.
Understanding the process and time frames of a Texas trucking accident injury case is key to protecting your rights. At The Burkett Law Firm, our experienced Corpus Christi truck accident lawyers have helped countless clients across Texas fight against powerful trucking companies and insurance carriers.
Here is what you need to know.
Step 1: Immediate Medical Treatment and Evidence Preservation
The moments after a trucking accident are chaotic but also crucial. Your health is the top priority. Seek immediate medical attention, even if you think your injuries are minor. Many serious injuries, like whiplash, internal bleeding, or brain trauma, may not show symptoms right away.
Simultaneously, begin preserving evidence:
- Take photos of all vehicles involved and the accident scene
- Get contact information for witnesses
- Request the police report
- Avoid speaking to insurance companies without a lawyer present
Also, be cautious with social media—posting about the accident or your injuries can be used against you later in court.
This initial phase usually takes a few days to a few weeks, depending on the severity of the injuries and how quickly you can gather documentation.
Step 2: Hiring a Texas Truck Accident Lawyer and Case Evaluation (1–3 Months)
After the immediate emergency passes, you will want to consult with an experienced Texas truck accident lawyer. Trucking accident cases are far more complex than typical car accident claims due to:
- Federal trucking regulations
- Multiple liable parties (e.g., truck driver, employer, manufacturer, freight company)
- Specialized evidence like black box data or logbook violations
When you hire The Burkett Law Firm, we start with a thorough case evaluation, which includes:
- Reviewing your medical records and bills
- Analyzing crash evidence
- Determining liability
- Estimating potential compensation
This process typically lasts 30 to 90 days, depending on the scope of the investigation and how quickly information can be obtained.
Step 3: Investigation and Evidence Collection (2–6 Months)
Once your legal team is on board, the in-depth investigation begins. This can include:
- Retrieving the truck’s “black box” data
- Examining the driver’s logbooks and hours-of-service records
- Reviewing vehicle maintenance logs
- Obtaining dash cam or surveillance footage
- Interviewing witnesses and consulting with accident reconstruction experts
Truck companies often dispatch rapid-response teams to accident scenes to clean up evidence. That is why acting quickly is critical.
If the trucking company is uncooperative or the accident involved multiple jurisdictions (interstate shipping, for example), this phase can stretch out, sometimes taking up to six months or more.
Step 4: Filing an Insurance Claim or Lawsuit (3–6 Months)
After enough evidence is gathered, your attorney typically begins by filing a claim with the insurance companies involved. This may include:
- The trucking company’s liability insurer
- The truck driver’s auto insurance (if applicable)
- Third-party companies (such as cargo loaders or maintenance contractors)
The case may be resolved quickly if the insurance company offers a fair settlement. However, insurers often delay, deny, or underpay legitimate claims.
If a settlement cannot be reached, we will file a personal injury lawsuit on your behalf. You have two years from the crash date in Texas to file a lawsuit, per Texas Civil Practice and Remedies Code § 16.003.
Step 5: Discovery Process (6–12+ Months)
After the lawsuit is filed, the case enters the discovery phase. This is when both sides exchange evidence and take depositions. It involves:
- Submitting interrogatories
- Depositions of the truck driver, witnesses, and expert witnesses
- Producing medical records and other relevant documentation
Because of the number of parties and complexity of federal regulations in trucking cases, this stage often takes longer than in a typical car accident lawsuit. It is not unusual for discovery to last anywhere from 6 months to over a year.
Step 6: Settlement Negotiations and Mediation (Ongoing Throughout Case)
While your case progresses through discovery, your lawyer may continue settlement negotiations. Many cases are resolved during or shortly after the discovery phase, when each side has a clearer picture of the strengths and weaknesses of their arguments.
Texas courts often require mediation before scheduling a trial. This is a structured negotiation session with a neutral third party. If a settlement is reached, your case ends there. If not, the case proceeds to trial.
Step 7: Trial (1–2 Years After the Accident)
If no settlement is reached, your case goes to trial. This is where all the preparation pays off. A jury will hear:
- Testimony from medical experts and accident reconstruction specialists
- Your account of the crash and its impact on your life
- Evidence proving negligence or regulatory violations
Trials can last several days to several weeks. Afterward, a verdict is issued, and if successful, you will be awarded damages for:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Punitive damages (in cases of gross negligence)
Appeals can also delay final payment, depending on the outcome.
Factors That Affect Case Duration
Every trucking accident is unique, but several common factors influence the total time frame:
- Severity of injuries
- Number of liable parties
- Availability and quality of evidence
- Insurance company responsiveness
- Court scheduling and backlog
Why Choose the Burkett Law Firm for Your Texas Trucking Accident Case?
At The Burkett Law Firm, we bring over 40 years of combined experience in personal injury law, with a special focus on serious trucking accidents. We know how to:
- Uncover and preserve vital evidence
- Challenge trucking companies and their insurers
- Maximize compensation through negotiation or litigation
You will not pay anything unless we win your case. We handle everything from start to finish so you can focus on your recovery and well-being.
Texas Trucking Accident Case FAQ
How long do I have to report a trucking accident in Texas?
While you should report the accident to law enforcement immediately, it’s also important to notify your insurance company immediately—ideally within 24 to 48 hours. Delays can impact your claim.
What types of compensation can I recover in a trucking accident case?
You may be entitled to compensation for medical bills, lost wages, loss of earning capacity, pain and suffering, property damage, and—if applicable—punitive damages. Every case is different, and the exact amount depends on the specifics of your injuries and losses.
Can I still file a claim if I was partially at fault?
Yes. Texas follows a modified comparative negligence rule. You can still recover damages if you are less than 51% at fault. However, your compensation will be reduced by the percentage of your fault.
What makes truck accident cases more complex than car accidents?
Truck accidents often involve federal regulations, multiple responsible parties, corporate insurers, and specialized evidence like black box data. These complexities require a strategic and well-resourced legal approach.
Do trucking companies have their own investigators?
Yes. Many trucking companies deploy rapid-response teams immediately after an accident to gather evidence—often before you’ve had a chance to act. That’s why having your own legal team quickly is crucial.
What if the truck driver was an independent contractor?
Liability can still extend to the trucking company depending on the working relationship and level of control. Your attorney will investigate all possible avenues of responsibility.
Is it expensive to hire a truck accident lawyer?
Not with The Burkett Law Firm. We work on a contingency fee basis—you pay nothing unless we win your case.
Contact The Burkett Law Firm Today
If you or someone you love has been injured in a trucking accident in Texas, do not wait. The trucking company is already building its defense, you need someone building yours.
Call us today for a free consultation or complete our online form to get started. Let The Burkett Law Firm fight for the compensation you deserve.
