After an 18-wheeler or commercial vehicle hits you in Texas, you likely need a truck accident attorney right away, especially if you’ve suffered serious injuries, the trucking company is disputing fault, or you received a quick settlement offer before your medical treatment is complete.
Attorney Ryan Orsatti works directly with truck crash victims across San Antonio, Austin, Dallas, and Houston to protect critical evidence, counter aggressive insurance tactics, and fight for fair compensation during one of the most overwhelming times in your life.
Key Takeaways for Truck Accident Claims in Texas
- Hire a lawyer immediately for catastrophic injuries like traumatic brain injury, spinal cord damage, severe burns, amputation, or wrongful death—these cases involve complex damages and aggressive corporate defense teams.
- Critical evidence disappears within days: ECM data, driver logs, dashcam footage, and maintenance records must be preserved through a spoliation letter sent within 72 hours of the collision.
- Early settlement offers rarely cover true losses: Trucking insurers contact victims within days, hoping to close claims before the full extent of injuries, future medical needs, and lost earning capacity becomes clear.
- Texas comparative negligence complicates fault disputes: If the trucking company claims you share blame, an attorney investigates FMCSA violations and builds evidence to protect your compensation rights.
- You pay nothing upfront: Ryan Orsatti Law works on contingency—no attorney fees unless you recover compensation—and consultations are always free at (210) 525-1200.
Signs You Need a Truck Accident Attorney Right Now
Certain red flags tell you it’s time to call a lawyer, not wait to see how things unfold, and truck crashes rarely resolve as simply as fender-benders between passenger cars. If you are uncertain whether you need a lawyer, here are some things to consider:
You’ve Suffered Severe or Catastrophic Injuries
If you’ve been diagnosed with a traumatic brain injury, spinal cord injury, multiple fractures, internal organ damage, or disfiguring burns, your life has changed in an instant. You might face permanent disability, ongoing therapy, or the need for assistive devices and home modifications.
Trucking insurers deploy experienced adjusters and attorneys immediately because they know these cases carry significant value. Without your own legal advocate, you could find yourself outmatched from day one.
Someone Died in the Crash
Losing a loved one in an 18-wheeler collision brings unbearable grief and sudden financial strain. Texas wrongful death claims allow surviving family members to pursue compensation for loss of companionship, funeral expenses, and lost financial support.
These cases demand careful documentation, expert testimony, and thorough investigation into the trucking company’s safety record. Handling this alone while mourning may not be realistic.
The Trucking Company Claims You Share Fault
Trucking companies and their insurers may look for ways to shift responsibility onto the injured driver. They might claim you changed lanes unsafely, followed too closely, or failed to yield.
Under Texas law, you may still recover compensation even if you bear some fault, but your award decreases by your percentage of responsibility. An attorney investigates the crash scene, reviews police reports, interviews witnesses, and examines the trucker’s electronic logs and the carrier’s safety violations to counter these blame tactics.
Multiple Parties and Insurance Policies Are Involved
A truck accident might involve the driver, the trucking company, a leasing company, a cargo loader, a maintenance contractor, and the manufacturer of a defective part. Each entity may carry separate insurance policies with different coverage limits.
Identifying every liable party and every available insurance policy requires legal knowledge and investigative resources. Missing a responsible party may mean leaving compensation on the table.
You Received a Fast Settlement Offer
Trucking insurers sometimes contact victims within hours or days, offering a check to “make things easier.” These early offers rarely account for future surgeries, long-term therapy, permanent impairment, or lost earning capacity. Once you sign a release and accept payment, you cannot reopen your claim when complications arise.
An attorney evaluates the true value of your case before you accept anything.
Critical Evidence Needs Immediate Preservation
Commercial trucks generate electronic data through their engine control modules, often called black boxes, recording speed, braking, hours of operation, and sudden maneuvers.
Trucking companies must preserve this information once they receive a spoliation letter from an attorney, but without that legal demand, the data may be overwritten or “lost.” Driver logs, maintenance records, and dashcam footage also disappear quickly.
Attorneys send preservation demands within 72 hours, protecting evidence before it vanishes.
Texas Statute of Limitations and Critical Deadlines for Truck Accident Claims
Time limits control every aspect of your truck accident case, from evidence preservation in the first 72 hours to the final deadline for filing a lawsuit. Missing these deadlines may cost you the right to pursue compensation.
The Two-Year Statute of Limitations
Texas law generally gives you two years from the date of the truck accident to file a personal injury lawsuit. Wrongful death claims also carry a two-year deadline, starting from the date of death.
While two years sounds like ample time, serious injury cases require months of investigation, medical treatment, and settlement negotiations.
The 72-Hour Evidence Preservation Window
Electronic control module data, driver logs, dashcam footage, and maintenance records disappear quickly without legal intervention. Trucking companies have no obligation to preserve evidence until they receive a spoliation letter from an attorney.
Attorneys try to send preservation demands within 24 to 72 hours of the crash, creating a legal obligation for the trucking company to maintain all evidence. Waiting even a week may mean losing critical proof of the driver’s violations or the carrier’s negligence.
Shorter Deadlines for Government Entity Claims
If your truck accident involved a government vehicle, you face much shorter deadlines. Claims against Texas governmental entities typically require written notice within six months of the injury. Missing this deadline bars your claim entirely.
An attorney identifies whether any government entities bear liability and files the required notices.
Medical Treatment and Documentation Timing
The gap between your crash and your first medical visit matters. Insurers argue that injuries appearing days or weeks after a collision weren’t caused by the accident.
Seek medical care within 24 hours if possible. Some serious injuries like traumatic brain injuries, internal bleeding, and spinal cord damage don’t show immediate symptoms.
Early medical documentation connects your injuries directly to the crash, strengthening your claim.
How a Truck Accident Lawyer Protects Your Claim in the First 72 Hours
The first three days after a truck crash are critical. While you focus on medical treatment and recovery, your attorney takes immediate steps to secure your legal rights.
Sending Spoliation Letters to Preserve Evidence
Attorney Ryan Orsatti sends formal legal notices to the trucking company, the carrier’s insurer, and any third parties involved, demanding they preserve all evidence related to the collision.
This includes:
- ECM data (black box records showing speed, braking, and hours of operation)
- GPS tracking records and driver logbooks
- Vehicle maintenance files and inspection reports
- Dispatch communications and cargo manifests
- Video footage from onboard or nearby traffic cameras
Once a company receives this letter, destroying or altering evidence may result in serious legal consequences, including sanctions and adverse inferences at trial.
Investigating the Crash Scene and Interviewing Witnesses
Skid marks fade. Debris gets cleared. Witnesses forget details or become harder to locate. Investigators photograph the crash site, measure distances, document road conditions, and speak with anyone who saw the collision.
Early investigation captures crucial details before they’re gone.
Reviewing Federal and State Compliance Records
The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules for commercial drivers and carriers, covering hours-of-service limits, vehicle maintenance, cargo securement, driver qualifications, and drug and alcohol testing. Violations of these rules may contribute to crashes, such as those caused by exhausted drivers, poorly maintained brakes, overloaded trailers, or unqualified operators.
Commercial vehicle accident lawyers obtain the trucking company’s safety records, inspection reports, and the driver’s qualification file to identify violations that support your claim.
Coordinating Medical Documentation and Treatment
Your attorney works with your medical providers to confirm that records accurately reflect the severity of your condition, the treatment you’ve received, and the prognosis for future care. If you’re struggling to pay medical bills while your claim is pending, some providers may treat you on a lien basis, meaning they wait for payment until your case resolves.
Ryan Orsatti Law helps arrange this when possible, so you receive necessary care without upfront costs.
What a Truck Accident Attorney Does to Strengthen Your Case
Truck accident claims involve layers of complexity that are not present in typical car crash cases. Attorneys bring investigative resources, legal knowledge, and negotiation experience.
Identifying Liable Parties
Fault in a truck accident might extend beyond the driver. Consider these potentially liable parties:
- The trucking company may have hired an unqualified driver, failed to maintain the vehicle, or pushed the driver to exceed hours-of-service limits
- Third-party maintenance contractors may have performed faulty repairs on brakes, tires, or steering systems
- Cargo loading companies may have improperly secured freight, causing the truck to jackknife or roll over
- Parts manufacturers may have sold defective brakes, tires, or other components
Each of these parties may bear legal responsibility and carry insurance coverage. Attorneys identify these sources of compensation, helping you secure a fairer settlement and hold all responsible parties accountable.
Calculating Damages
Your losses include more than hospital bills and car repairs. Economic damages cover medical expenses (past and future), lost wages, reduced earning capacity, property damage, and out-of-pocket costs. Non-economic damages address pain and suffering, emotional distress, disfigurement, permanent impairment, and loss of enjoyment of life.
In wrongful death cases, families may pursue compensation for loss of companionship, mental anguish, and funeral expenses.
Attorneys work with medical professionals, economists, and vocational specialists to document these losses.
Countering Comparative Negligence Defenses
Texas follows a modified comparative negligence rule. If you’re found 51% or more at fault, you recover nothing. If you’re 50% or less at fault, your compensation is reduced by your percentage of blame.
Attorneys may counter fault allegations with crash reconstruction, witness testimony, electronic data showing the truck driver’s violations, and analysis proving the trucker’s actions caused the wreck.
Negotiating With Corporate Legal Teams
Trucking companies and their insurers often employ lawyers who handle these cases on a daily basis. Going up against them without your own attorney puts you at a severe disadvantage.
An experienced truck accident lawyer understands insurance company strategies, knows when an offer is fair, and isn’t afraid to reject lowball settlements and take the case to trial if necessary.
Preparing for Trial
Many truck accident cases settle before trial, but insurers may be more motivated to offer a fair settlement when they know you’re prepared to go to court. Attorney Ryan Orsatti and his team prepare every case as if it will go before a jury. This trial-ready approach puts pressure on insurers to negotiate seriously. If they refuse, Ryan Orsatti Law takes the case to trial, presenting a compelling argument to the judge and jury.
FAQ About Hiring a Truck Accident Lawyer in Texas
Yes, particularly if the offer came quickly after the crash. Early settlement may not account for future medical needs, long-term disability, or full wage losses. An attorney evaluates whether the offer reflects the true value of your claim.
Your health insurance might cover some costs, or your attorney may help arrange treatment on a lien basis, meaning providers wait for payment until your case settles.
Probably. Texas follows modified comparative negligence rules, allowing you to recover compensation as long as you’re not more than 50% at fault. An attorney investigates the crash to counter the trucking company’s blame tactics and protect your right to compensation.
Truck accidents involve federal regulations, multiple liable parties, corporate defendants, larger insurance policies, more severe injuries, and greater complexity in proving fault. Evidence like ECM data, logbooks, and carrier safety records doesn’t exist in typical car crashes.
Ryan Orsatti Law handles truck accident cases on a contingency fee basis. You pay no upfront costs and no attorney fees unless you recover compensation. The free consultation at (210) 525-1200 allows you to discuss your case with no financial obligation.
Let Ryan Orsatti Law Fight for Your Recovery
Attorney Ryan Orsatti brings more than seven years of personal injury experience and a relentless commitment to fighting for fair compensation on behalf of injured Texans. He works directly with every client, providing the personal attention and dedicated advocacy you need during this difficult time.
Contact Ryan Orsatti Law today at (210) 525-1200 for a free case evaluation. Your consultation costs nothing, you’ll speak directly with Attorney Ryan Orsatti, and the firm handles truck accident cases on a contingency fee basis—you pay no attorney fees unless you recover compensation.
Calls are answered 24/7. Don’t let critical evidence disappear, or accept a settlement that leaves you struggling. Reach out now and let Ryan Orsatti Law fight for fair compensation.