What a truck accident lawyer does and why you might need one
A truck accident lawyer represents people injured in collisions involving commercial trucks — 18-wheelers, delivery trucks, dump trucks, and other vehicles operated for business. These cases differ sharply from car accidents because truck companies carry larger insurance policies, employ their own legal teams, and operate under federal safety regulations that a personal injury attorney needs to understand.
After a truck accident, the truck driver's employer, the trucking company's insurance carrier, and sometimes the truck manufacturer all have incentives to minimize what they pay you. A lawyer who handles these cases knows how to investigate whether the driver violated hours-of-service rules, whether the truck was poorly maintained, whether the company failed to train the driver, and whether the cargo was loaded unsafely. These details often determine whether you recover only medical bills or also receive compensation for lost wages, pain, and permanent injury.
You do not need a lawyer to file a claim with the truck company's insurance. You do need one if the insurer denies your claim, if your injuries are serious enough that medical bills and lost income exceed what the insurer initially offers, or if you are unsure whether you caused the accident.
Key Takeaways
- Truck accident cases involve federal safety rules and larger insurance policies than car accidents, so a lawyer experienced in trucking law will recover more than a general personal injury attorney.
- The truck driver's employer, the insurance company, and sometimes the manufacturer all have lawyers working against your interests, making legal representation important when injuries are serious.
- In Arlington, you can find truck accident lawyers through the State Bar of Texas lawyer referral service, local bar associations, or by asking your primary care doctor or hospital for recommendations.
- Most truck accident lawyers work on contingency, meaning they take a percentage of what you recover and charge nothing upfront, so cost should not prevent you from talking to one.
- The statute of limitations in Texas is two years from the date of the accident, so waiting too long to contact a lawyer can bar your claim entirely.
How truck accident cases differ from car accident claims
Truck accidents involve larger damages because the vehicles weigh more, travel at higher speeds, and carry more cargo. A collision that totals a car might cause catastrophic injury or death in a truck accident. Insurance companies know this and prepare accordingly — they assign experienced adjusters and defense lawyers to truck claims when ready.
Federal law also governs trucking in ways that do not explore to private vehicles. Truck drivers must comply with hours-of-service limits (how long they can drive without rest), maintain logbooks, pass medical examinations, and operate vehicles that meet specific safety standards. If a driver violated these rules, that violation is evidence of negligence. A lawyer who understands trucking regulations can subpoena logbooks, maintenance records, and dispatch communications that prove the violation. A general personal injury lawyer may not know to request these documents.
Trucking companies also carry commercial liability insurance with higher limits than typical auto policies. A standard car insurance policy might cover $100,000 in damages; a trucking company policy often covers $1 million or more. This means there is more money available to compensate you, but the insurance company will fight harder to keep from paying it.
Finding a truck accident lawyer in Arlington
The State Bar of Texas maintains a lawyer referral service at texasbar.com where you can search by practice area and location. Enter "truck accident" or "commercial vehicle accident" and your zip code to see lawyers licensed in Arlington who handle these cases. The referral service does not rank lawyers or recommend one over another — it straightforward lists those who have registered in that practice area.
The Arlington Bar Association also maintains a referral list. You can contact them through their website or by phone to ask for the names of three to five lawyers who handle truck accident cases. Ask the bar association whether the lawyers they recommend have handled cases similar to yours — for example, if you were hit by a delivery truck, ask whether they have represented clients injured by delivery trucks specifically.
Personal referrals often work better than online searches. If you were treated at a hospital or by a doctor after the accident, ask the medical staff whether they can recommend a personal injury lawyer. Doctors and nurses see the outcomes of accidents regularly and often know which lawyers handle cases well. Friends, family members, or coworkers who have been in accidents can also point you toward lawyers they worked with.
Once you have three names, call each lawyer's office and ask whether they offer a free initial consultation. Most do. During that call, ask how many truck accident cases they have handled in the past three years, whether they have taken cases to trial or primarily settle, and what percentage of their practice is truck accidents versus other personal injury work.
How contingency fees work and what they cost you
Most truck accident lawyers work on contingency, meaning they take a percentage of the money you recover and charge you nothing upfront. If you do not recover anything, they do not get paid. This structure removes the barrier of upfront legal costs, but you should understand exactly what percentage they take and what expenses you might owe.
Contingency percentages in Texas typically range from 25 percent to 40 percent of the recovery, depending on whether the case settles before trial or goes to trial. A lawyer might charge 25 or 33 percent if the case settles quickly, and 40 percent if it goes to trial because trial requires more work and carries more risk. Ask the lawyer to explain this in writing before you sign an agreement.
You should also ask about costs separate from the lawyer's fee. Truck accident investigations require informed witnesses (accident reconstructionists, medical experts, trucking safety experts), court filing fees, and document retrieval costs. Some lawyers advance these costs and deduct them from your recovery; others ask you to pay them as they arise. Get this in writing so you know what to expect.
What happens after you hire a lawyer
After you sign a representation agreement, your lawyer will send a letter to the truck company's insurance carrier notifying them that you are represented. The insurance company must then communicate with your lawyer, not with you directly. This stops adjusters from calling you and asking you to give recorded statements or sign medical release forms.
Your lawyer will request the truck driver's personnel file, the company's safety records, the truck's maintenance logs, the driver's logbook for the day of the accident, and the police accident report. These requests take time — the trucking company's lawyers will often delay or object to some requests, and your lawyer may need to file a motion with the court to force disclosure. This phase typically lasts two to six months.
While your lawyer investigates, you should continue treating with doctors for your injuries. Keep records of all medical appointments, prescriptions, and time missed from work. These records form the basis of your damages claim — the amount of money you are may have access to to recover.
Once investigation is complete, your lawyer will send the insurance company a demand letter explaining the accident, your injuries, your medical treatment, your lost income, and the amount of money you are demanding to settle. The insurance company will respond with a lower offer. Negotiation typically follows, with your lawyer and the insurance company exchanging offers until you reach a settlement or decide to go to trial.
The statute of limitations and why timing matters
In Texas, you have two years from the date of the accident to file a lawsuit for personal injury. This important date is called the statute of limitations. If you do not file a lawsuit before the important date passes, you lose the right to recover anything, even if the truck driver was clearly at fault.
This does not mean you must go to trial within two years — it means you must file the lawsuit within two years. Once filed, the case can take years to resolve. But if you wait until month 23 after the accident to contact a lawyer, you have only one month to file, and your lawyer may not have time to investigate properly or negotiate a fair settlement.
Contact a lawyer as soon as possible after the accident, even if you are still recovering from injuries. Most lawyers will not charge you for an initial consultation, and talking to one does not obligate you to hire them. But waiting gives the trucking company time to destroy evidence, move the truck, and prepare their defense.
Questions to ask a lawyer before you hire them
Before you sign a representation agreement, ask the lawyer these questions and get the answers in writing:
- How many truck accident cases have you handled in the past three years?
- Have you represented clients injured by this type of truck (delivery truck, 18-wheeler, dump truck, etc.)?
- What is your contingency fee percentage if the case settles, and what if it goes to trial?
- Will you advance investigation costs and informed witness fees, or will I owe them as they arise?
- Do you handle the case yourself, or will another lawyer in your firm work on it?
- How often will you update me on the case's progress?
- Have you taken cases to trial, or do you primarily settle?
Frequently Asked Questions
Do I need a lawyer if the truck driver admits fault?
Admission of fault does not may provide you will recover fair compensation. The insurance company still controls the settlement amount, and they will try to minimize it by arguing your injuries are less serious than you claim or that you contributed to the accident. A lawyer ensures the insurer accounts for all your damages and does not pressure you into accepting less than you deserve.
What if I was partially at fault for the accident?
Texas follows a comparative negligence rule: you can recover damages even if you were partially at fault, as long as you were less than 51 percent responsible. If you were 30 percent at fault and your total damages are $100,000, you can recover $70,000. A lawyer will argue your percentage of fault is lower than the insurance company claims, protecting your recovery.
How long does a truck accident case usually take?
Most cases settle within six months to two years. Cases that go to trial take longer — often three to five years from accident to verdict. Your lawyer can give you a better estimate once they understand the severity of your injuries and the complexity of the liability questions.
Can I talk to the insurance company myself before hiring a lawyer?
You can, but it is risky. Insurance adjusters are trained to get you to minimize your injuries or accept blame for the accident. Anything you say can be used against you later. If you have already spoken to the insurance company, tell your lawyer what you said so they can address it in negotiations.
What if the truck company's insurance denies my claim?
A denial does not end your case — it means your lawyer will file a lawsuit and take the case to trial if necessary. Insurance companies sometimes deny claims hoping you will give up. A lawyer knows how to respond to a denial and can often overturn it through the discovery process, where the trucking company must disclose evidence that proves your claim.