Written and legally reviewed by Greg Baumgartner, Texas attorney licensed since 1984 | Updated September 9, 2026
Short answer: If you were hit by an 18-wheeler or commercial truck in Houston, get to safety, call 911, get medical care, photograph the truck and its USDOT number, collect witness information, and avoid giving the trucking company’s insurer a recorded statement. Serious truck cases should be investigated quickly because electronic data, video, vehicle evidence, and company records can be lost or overwritten.
A truck crash is not just a bigger car wreck. The trucking company may have an investigator, insurer, and lawyer working on the case before the roadway is cleared. If your injuries are serious, an experienced Houston truck accident lawyer can start preserving evidence on your side while you focus on your health.
Greg Baumgartner’s perspective: “After more than 40 years handling serious truck and commercial vehicle cases, one of the first things I want is a clear photograph of the truck itself—not only the damage. The company name, USDOT number, tractor number, and trailer number can help us identify the correct motor carrier and start the investigation faster.”
What to Do at the Scene of a Houston Truck Accident
1. Get to a safe place and call 911
Move out of active traffic if you can do so safely. Turn on your hazard lights. On I-45, I-10, US 59/I-69, Loop 610, Beltway 8, and other Houston freeways, a second collision can be a serious danger. Call 911 and ask for police and emergency medical help when needed.
2. Let paramedics check you
Do not assume that feeling “okay” means you are unhurt. Adrenaline can mask pain. Head injuries, internal injuries, and back or neck problems may become clearer later. Prompt medical care also creates a record of when your symptoms began.
3. Photograph the truck—not just your vehicle
If you can safely take photos, capture the truck from several angles. Get the company name, USDOT number, tractor number, trailer number, license plates, damage, cargo or hazard placards, skid marks, debris, traffic signals, and final vehicle positions. A truck and trailer may be owned by different companies, so both matter.
4. Get witness names and phone numbers
Independent witnesses often leave before everyone realizes how important they are. If possible, save a name and phone number. Do not assume every witness will appear in the police report.
5. Keep your comments short and factual
Exchange the information required after the crash, but do not guess about speed, distance, or fault. Do not apologize just to be polite. And do not tell an adjuster or witness that you are “fine” before you know whether you are injured.
Texas law requires a peace officer who investigates a collision to prepare a written report when the crash results in injury or death, or apparent property damage of $1,000 or more. You can later obtain an eligible Texas Peace Officer’s Crash Report (CR-3) through the Texas Department of Transportation crash reports and records page.
Evidence Can Disappear Faster in a Truck Case
This is one of the biggest differences between a truck crash and an ordinary car accident. Much of the best evidence may be controlled by the motor carrier or another business.
Driver duty records generally must be retained for six months under 49 C.F.R. § 395.8. Vehicle maintenance records have separate retention rules under 49 C.F.R. § 396.3. Other data—such as dash-camera video, telematics, GPS information, and electronic control module data—may have different retention periods or may be overwritten in the normal course of business.
A preservation letter does not magically freeze every record. It puts the company on clear notice that identified evidence may be relevant to a claim. That can become important if evidence is later lost or destroyed after a duty to preserve it arose.
In a serious case, we may seek the tractor and trailer, event data, ELD records, dispatch communications, driver qualification materials, maintenance and inspection records, cargo documents, phone records, video, and other evidence tied to why the crash happened. See our Houston truck accident investigation guide for a closer look at the evidence that can prove fault.
Why the USDOT Number Matters
The USDOT number painted on the cab can be one of the most useful photographs you take. It helps identify the motor carrier and can lead to federal safety and registration information.
The Federal Motor Carrier Safety Administration provides a free SAFER Company Snapshot that can be searched by USDOT number, MC/MX number, or company name. That information is a starting point—not proof of negligence—but it can help identify the carrier involved.
What to Do in the First Days and Weeks
6. Follow through with medical care
Go to recommended follow-up appointments and tell your doctors what symptoms you are having. Do not exaggerate, but do not minimize problems either. Gaps in treatment can make it harder to connect later complaints to the crash.
7. Do not give the trucking company’s insurer a recorded statement
You generally do not have to give the other side’s insurance company a recorded statement. An adjuster may sound helpful, but the company’s job is to evaluate and limit its exposure. Your own insurance policy may have cooperation requirements, so treat calls from your own carrier differently.
8. Do not rush into a settlement
An early offer may arrive before your doctors know whether you need surgery, injections, therapy, or long-term care. Once a claim is fully released, you normally cannot reopen it because your injuries turned out to be worse than expected.
9. Stay off social media about the crash
Do not post accident details, medical updates, photographs, or comments about fault. Even ordinary social posts can be taken out of context later.
10. Save documents, photos, receipts, and damaged property
Keep medical bills, discharge papers, pharmacy receipts, wage-loss records, towing and rental receipts, photographs, emails, texts, and insurance letters. If the vehicle or another physical item may contain important evidence, speak with counsel before it is destroyed or repaired when possible.
More Than One Company May Be Responsible
A truck case may involve more defendants than the truck driver alone. The evidence may point to several people or companies, including:
- The truck driver for speeding, fatigue, distraction, impairment, unsafe turns, or other driving errors.
- The motor carrier or employer for conduct such as unsafe hiring, training, supervision, scheduling, or maintenance practices.
- A maintenance or repair company if defective work contributed to a brake, tire, steering, or other equipment failure.
- A shipper, loader, broker, or other company when its own conduct contributed to the crash.
- The tractor, trailer, or parts manufacturer if a defective product played a role.
Federal safety rules may also matter. The FMCSA hours-of-service rules limit driving and on-duty time for covered commercial drivers. Our FMCSA violations in Houston truck accident cases page explains how violations can fit into a liability investigation.
11. Understand the Texas Deadline and Fault Rules
In most Texas personal injury cases, a lawsuit must be filed within two years of the injury under Texas Civil Practice and Remedies Code § 16.003. Exceptions can change the deadline, so waiting for the two-year date is risky. Evidence can disappear long before the limitations period ends.
Texas also uses proportionate responsibility. Under Texas Civil Practice and Remedies Code § 33.001, a claimant who is more than 50% responsible generally cannot recover damages. If the claimant is 50% or less responsible, the recovery can be reduced by that percentage of responsibility.
12. Get Serious Truck Cases Investigated Early
Not every truck accident needs a lawyer. But when someone has a serious injury, needs surgery, cannot work, faces a disputed-fault claim, or loses a family member, early investigation can make a major difference.
Greg Baumgartner’s perspective: “In a serious trucking case, I do not want to wait for the insurance company to tell us what happened. I want the records, the electronic data, the witnesses, the vehicles, and the safety evidence that let us test the defense ourselves. That is how you turn a disputed story into a case you can prove.”
What Happens After the Immediate Investigation?
A well-prepared claim usually develops in stages. The lawyer investigates liability and insurance, the client continues medical treatment, and the damages become clearer. Once the facts and medical picture are developed, the claim may be presented for settlement. If the insurer will not pay a fair amount, filing suit may be necessary.
A settlement demand is not automatically a Stowers demand. A valid Stowers demand has specific legal requirements and is used in particular liability-insurance situations. The right demand strategy depends on the facts, coverage, damages, and posture of the case.
For more information about value, see how a Texas truck accident settlement is evaluated. You can also review our truck and commercial vehicle case results. Past results do not guarantee a similar outcome; every case depends on its facts, evidence, law, insurance, and damages.
Frequently Asked Questions After a Houston Truck Accident
Do I have to talk to the trucking company’s insurance adjuster?
No. You generally do not have to give the other side’s insurer a recorded statement. You can provide basic contact information and say you are getting advice before discussing the crash or your injuries.
What if I may have been partly at fault?
You may still have a claim. Texas generally allows recovery when you are 50% or less responsible, although any recovery can be reduced by your percentage of fault. Do not assume the trucking company’s first version of fault is correct.
How soon should I contact a truck accident lawyer?
For a serious injury or death case, as soon as reasonably possible. The practical concern is not only the two-year filing deadline. It is preserving evidence before it is overwritten, repaired, discarded, or forgotten.
How much does it cost to hire Baumgartner Law Firm for a truck case?
There is no upfront attorney fee. The firm handles personal injury cases on a contingency fee, so the attorney fee is paid from a recovery. If there is no recovery, there is no attorney fee.
What if my family member died in the crash?
Texas law may allow eligible family members to bring a wrongful death claim, and the estate may have a survival claim. These cases should be investigated early because the same truck evidence can be critical to both liability and damages.
Talk With Greg Baumgartner About a Serious Houston Truck Accident
Baumgartner Law Firm has represented people and families in serious truck and commercial vehicle cases for more than 40 years. The firm accepts a limited number of serious injury and wrongful death cases so Greg can stay personally involved in the investigation and litigation.
If an 18-wheeler or commercial truck seriously injured you or someone you love, call (281) 587-1111 or request a free, confidential consultation. There is no attorney fee unless the firm recovers money for you.
