Know Your Rights After a Texas Truck Accident: What You Can and Cannot Be Pressured to Do
The trucking company’s insurance adjuster will contact you quickly. They are trained to minimize your claim. Understanding your rights is the first step to protecting them.
The most important thing to know:You are not required to give a recorded statement to the trucking company’s insurance adjuster. You are not required to sign anything. You are not required to accept any settlement offer. And you have the right to have an attorney present before you say anything.
The Insurance Adjuster Will Call You
Within hours or days of a serious truck accident, you will likely receive a call from an insurance adjuster representing the trucking company. They will be polite, sympathetic, and helpful-sounding. They may express concern for your wellbeing and offer to help you navigate the process.
Their actual job is to minimize the amount the insurance company pays out on your claim. Every question they ask, every statement they record, and every document they ask you to sign is designed to serve that goal — not yours.
This is not cynicism. It is the reality of how the commercial trucking insurance industry operates. Understanding this dynamic is the foundation of protecting your rights.
Your Rights After a Truck Accident in Texas
The Right to Remain Silent
The Right to Legal Representation
The Right to Seek Medical Treatment
The Right to Full Compensation
The Right to Reject Settlement Offers
The Right to Know Who Is Responsible
What NOT to Do: Common Mistakes That Hurt Your Case
Give a recorded statement
Your words will be used against you. Adjusters are trained to ask questions that elicit damaging responses.
Accept the first settlement offer
First offers are almost always far below the value of a serious injury case. They are designed to close the claim quickly and cheaply.
Sign a medical release
A broad medical release gives the insurance company access to your entire medical history, which they will use to argue your injuries are pre-existing.
Post on social media
Photos, check-ins, and comments about your activities will be used to minimize your claimed injuries.
Delay medical treatment
Gaps in treatment are used to argue that your injuries were not serious or were caused by something else.
Repair your vehicle immediately
Your vehicle is evidence. Have it inspected by an expert before authorizing repairs.
Texas Statute of Limitations: Do Not Wait Too Long.
In Texas, the statute of limitations for personal injury claims — including truck accident cases — is generally two years from the date of the accident. For wrongful death claims, it is also two years from the date of death.
Two years may sound like a long time, but it is not. Building a strong truck accident case requires extensive investigation, expert retention, and evidence gathering — all of which take time. Waiting until the last minute severely limits your attorney’s ability to build the strongest possible case.
There are also circumstances that can shorten the limitations period — for example, if a government entity is involved, the deadline may be much shorter. An attorney can advise you on the specific deadlines that apply to your case.
Understanding Texas Comparative Fault
Texas uses a modified comparative fault system. This means that if you are found to be partially at fault for the accident, your compensation is reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover anything.
Insurance companies routinely attempt to assign fault to the injured party to reduce their payout. This is another reason why giving a recorded statement — which can be used to establish your partial fault — is so dangerous.
The Best Way to Protect Your Rights
The single most effective thing you can do to protect your rights after a truck accident is to contact an experienced Texas truck accident attorney as soon as possible. An attorney can:
- Handle all communications with the insurance company on your behalf
- Send a spoliation letter to preserve critical evidence
- Investigate all potentially liable parties
- Retain accident reconstruction and medical experts
- Advise you on the full value of your claim
- Negotiate from a position of strength — or take the case to trial
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Protect Your Rights Today
Do not give a recorded statement until you have spoken with an attorney. Bryan Green offers free, confidential case reviews for Texas truck accident victims.
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