Texas Truck Accident? How to Handle Insurers and Medical Bills

Why Truck Crashes Are Different in Texas

Commercial truck cases often involve multiple responsible parties beyond the driver, such as the motor carrier, vehicle owner, freight broker, shipper, maintenance contractors, and parts manufacturers. Critical evidence can include driver logs, electronic logging device (ELD) data, hours-of-service compliance, pre- and post-trip inspection records, maintenance histories, and cargo securement documentation. Federal Motor Carrier Safety Regulations (FMCSRs) set baseline safety standards that interact with Texas negligence law. See the FMCSR framework maintained by the Federal Motor Carrier Safety Administration: 49 C.F.R., Subtitle B, Chapter III.

Immediate Steps After a Truck Accident

• Call 911 and get a medical evaluation, even if symptoms seem minor.
• Report the crash and obtain (or later request) the Texas Peace Officer’s Crash Report (CR-3) number if available.
• Photograph vehicles, skid marks, debris, road conditions, license plates, DOT numbers, trailer markings, and visible injuries.
• Collect witness names and contact information.
• Decline recorded statements to any insurer until you’ve spoken with counsel.
• Preserve damaged property, keep a pain journal, and save all medical bills and receipts.
• Consult a Texas personal injury attorney promptly to send preservation (spoliation) letters and begin an investigation.

How Insurers Try to Minimize Payouts

• Quick, low offers before your injuries and future care needs are fully known.
• Requests for broad medical authorizations to comb through unrelated history.
• Recorded statements that may lock you into incomplete or unfavorable narratives.
• Liability disputes (e.g., blaming non-commercial drivers or citing sudden emergencies).
• Arguments about preexisting conditions or “gaps” in treatment.
• Delays that create financial pressure to settle.

A strategic response includes controlling communications, documenting all losses, and building a liability case with the support of qualified experts.

Medical Bills, Subrogation, and Hospital Liens in Texas

Serious truck crashes often generate significant emergency and ongoing medical expenses. In Texas, hospitals and certain emergency medical providers can assert liens on some accident-related claims if statutory requirements are met. See Texas Property Code Chapter 55. Health insurers and ERISA plans may also seek reimbursement (subrogation) from a recovery, depending on plan terms and applicable law. An attorney can evaluate whether any lien was properly perfected, challenge invalid or excessive claims, and negotiate reductions so that more of your settlement or verdict reaches you.

Preserving Critical Trucking Evidence

Key evidence can include ELD data, hours-of-service logs, driver qualification files, pre- and post-trip inspections, maintenance and repair records, and dispatch/telematics data. Some records are retained only for limited periods under federal rules and company policies, so prompt preservation letters, site inspections, and downloads of electronic control modules (ECM) can be crucial.

Fault, Comparative Responsibility, and Damages

Texas follows a modified comparative responsibility framework. Your compensation can be reduced by your share of fault, and recovery is barred if you are more than 50% responsible. See Texas Civil Practice & Remedies Code (CPRC) Chapter 33. Recoverable damages can include medical expenses, lost wages and loss of earning capacity, pain and suffering, physical impairment, disfigurement, and property damage. In cases involving egregious conduct, exemplary (punitive) damages may be available under CPRC Chapter 41.

Deadlines and Notice Requirements

Most Texas personal injury claims must be filed within two years of the injury. See CPRC § 16.003. Shorter notice deadlines may apply if a governmental entity is involved; for example, the Texas Tort Claims Act includes specific notice requirements. See CPRC § 101.101. Because deadlines can be fact-specific, consult counsel promptly.

Dealing With the Trucker’s and Carrier’s Insurers

Commercial carriers often have layered insurance (primary and excess). Adjusters and defense teams may mobilize quickly. Limit your communications to basic claim information, decline recorded statements, and refer inquiries to your attorney. Do not sign medical authorizations or releases without legal advice. Keep all appointments and follow treatment plans to document injuries and minimize disputes about your recovery.

What Your Lawyer Can Do Right Away

• Send preservation and spoliation letters to the carrier and related entities.
• Secure ELD, ECM, dash-cam, and telematics data; obtain cargo and dispatch records.
• Evaluate hours-of-service compliance and driver qualification issues under the FMCSRs (FMCSA regulations).
• Coordinate property damage claims and rental needs.
• Manage medical billing, health insurance coordination, and lien negotiations (Texas Property Code Ch. 55).
• Retain accident reconstructionists and trucking safety experts.
• Develop a clear damages narrative supported by treating providers and vocational/economic experts.

Timeline: Claims, Litigation, and Settlement

Truck cases can resolve by settlement or proceed to litigation if liability or damages are contested. Timelines vary based on injury severity and treatment duration, the volume of evidence, and court scheduling. Early readiness with preserved evidence and clear medical documentation often improves negotiation leverage.

Frequently Asked Questions

Should I use my health insurance?

Often yes—it can reduce out-of-pocket costs. Your plan may later seek reimbursement from a recovery, subject to plan terms and applicable law. These claims are frequently negotiable.

What if I’m partially at fault?

You may still recover damages, reduced by your share of responsibility, unless you are more than 50% at fault. See CPRC Chapter 33.

Do I have to give a recorded statement?

No. You can decline and route communications through your attorney.

What if the carrier is from out of state?

FMCSRs apply to interstate carriers, and Texas law generally governs claims filed in Texas courts when appropriate. See FMCSA regulations.

Get Help Early

The trucking company’s response team may be investigating within hours. Prompt legal representation can help preserve evidence, manage insurers, address medical billing and liens, and position your case for a stronger recovery.

Ready to talk? Contact us for a free, no-obligation consultation.

Disclaimer (Texas): This post is for general informational purposes only and is not legal advice. Laws change, and outcomes depend on specific facts. Reading this does not create an attorney-client relationship. Consult a licensed Texas attorney about your situation.