Semi Truck Accident Lawsuit Guide: Your Rights After Being Hit

The Devastating Reality of 18-Wheeler Accidents: Your Right to Sue in Texas

If you are reading this after being hit by a semi-truck, you are likely overwhelmed, injured, and searching for answers. The question Ralph Manginello answers in his video is direct: Yes, you can sue for being hit by a semi truck. This is not just a legal right; it is often the only path to securing the resources needed to rebuild your life after a catastrophic collision. At Attorney911, we have seen firsthand the devastation these massive vehicles cause. A typical passenger vehicle weighs around 4,000 pounds. A fully loaded 18-wheeler can weigh up to 80,000 pounds. This sheer mass differential means collisions often result in life-altering injuries like traumatic brain injuries, spinal cord damage, amputations, and wrongful death. The legal landscape following such a crash is equally complex, involving layers of insurance, federal trucking regulations, and aggressive corporate defense teams. As Legal Emergency Lawyers™ serving Houston, Austin, and Beaumont, we want you to know your rights from this moment forward. This comprehensive guide expands on every point Ralph discussed, providing the deep legal context and actionable strategy you need. If you have any questions while reading, our legal emergency line is always open at 1-888-ATTY-911.

Immediate Crisis Protocol: What to Do in the Minutes and Hours After an 18-Wheeler Crash

Ralph Manginello’s first directive is critical: ensure your immediate safety. If you are able, move to a safe location away from traffic to avoid a secondary collision. The chaos of a major crash can lead to further danger. Once safe, your actions must become deliberate and documented. The steps you take in the immediate aftermath are not just about safety; they are the foundational evidence for your future claim. Insurance companies and their defense attorneys will meticulously dissect every moment after the crash. We must build your case with equal precision from day one.

1. Call Law Enforcement: The Mandatory Texas Accident Report

Ralph notes that in Texas, you are legally required to report a crash involving injury, death, or significant vehicle damage. This mandate is found in the Texas Transportation Code § 550.026. The responding officer will create an official Texas Peace Officer’s Crash Report (CR-3). This document is a cornerstone of your claim. It will contain the officer’s initial assessment of the scene, potentially include a diagram, note any visible violations, and may even list contributing factors like driver fatigue or faulty equipment. However, do not assume the report is infallible or complete. Police often arrive at a chaotic scene and may miss critical details. We have handled cases where initial reports were incorrect, and our independent investigation corrected the record. For example, in a recent multi-million dollar trucking wrongful death case we handled, the initial report lacked key witness statements that our team later uncovered.

2. Seek Medical Attention: Your Health and Your Claim Are Intertwined

Ralph’s advice is unequivocal: “If you think you’re injured even slightly, agree to take an ambulance from the scene.” This is vital for two reasons. First, your health is paramount. The adrenaline and shock from a traumatic event can mask severe injuries. Conditions like internal bleeding, soft tissue damage, or even a concussion may not present symptoms immediately. Second, from a legal perspective, the medical records generated by ambulance personnel and emergency room staff create a direct, timestamped link between the accident and your injuries. A gap in treatment is one of the first things insurance adjusters look for to argue your injuries are not serious or were caused by something else. At Attorney911, we work with a network of trusted medical providers across Texas who understand the legal process and can treat you on a lien basis, meaning you pay nothing upfront—their fees are paid from your eventual settlement.

3. Document Everything: Become an Evidence Preservation Expert

If you are physically able, Ralph advises taking photos and videos. This is your opportunity to capture evidence before it disappears. What should you document?

• The Vehicles: Multiple angles of all vehicles involved, focusing on points of impact, vehicle damage, license plates, and the truck’s DOT number and company branding.
• The Scene: Skid marks, debris fields, traffic signs, road conditions (wet, icy, construction), and lighting. Use your phone’s video to do a 360-degree pan.
• The Context: Any cargo that spilled from the truck, the truck’s condition (tire tread, broken lights), and the positions of the vehicles relative to lane lines.

This visual evidence is crucial because it can contradict later “reconstructions” by defense experts. Surveillance footage from nearby businesses or traffic cameras is often automatically deleted after 7 to 30 days. One of our first actions when you hire us is to send immediate spoliation letters and preservation demands to all potential evidence holders, including trucking companies and municipalities.

4. Gather Critical Information: Go Beyond the Basic Exchange

Ralph instructs you to record the truck driver’s name, contact, and insurance info. We tell our clients to dig deeper. You need:

• The Trucking Company: The full legal name, not just the logo on the side of the truck. Ask for the name of the safety director or claims manager.
• The Driver’s Logs: Commercial drivers are required by federal law to maintain Hours of Service (HOS) logs. These electronic or paper records can prove if the driver was fatigued or in violation of driving time limits.
• Witnesses: Get names and phone numbers. If they are willing, ask them to record a quick voice memo on your phone describing what they saw.
• Police Details: Get the officer’s name, badge number, and the report number.

This information forms the initial blueprint for our investigation. As Ralph says, the final and most critical step is to contact a semi truck accident attorney as soon as possible. The sooner we are involved, the sooner we can secure this evidence and begin building your case. Call us at 1-888-ATTY-911 from the scene if you need to.

Understanding Your Legal Rights: The Foundation of a Semi Truck Injury Claim

Yes, you can sue. But what does that actually mean in Texas? A lawsuit is a civil action seeking compensation (damages) from the party or parties whose negligence caused your harm. In a semi-truck case, multiple entities may share liability:

• The Truck Driver: For negligence (e.g., speeding, distraction, fatigue).
• The Trucking Company: Under the legal doctrine of respondeat superior (Latin for “let the master answer”), a company is typically liable for the negligent acts of its employees performed within the scope of employment.
• The Cargo Loader: If improper loading caused the cargo to shift and contribute to the crash.
• The Truck Manufacturer or Maintenance Provider: If a mechanical failure like faulty brakes or a defective tire caused the accident.

Texas follows a modified comparative fault rule (Texas Civil Practice & Remedies Code § 33.001). This means your compensation can be reduced by your percentage of fault. If you are found to be 51% or more at fault, you are barred from recovering any damages. This is why insurance companies aggressively look for any reason to assign you blame. Having an attorney like Ralph Manginello, with 25+ years of experience countering these tactics, is essential to protect your right to full recovery.

The Settlement vs. Trial Dilemma: Why Your Attorney’s Willingness to Try a Case is Paramount

Ralph makes a crucial distinction in his video: while many cases settle, you need an attorney willing to go to trial to secure maximum compensation. This is not just a talking point; it is a fundamental strategic reality. Insurance companies employ sophisticated software like Colossus to value claims. Their initial offer is almost always a lowball calculation designed to close the file cheaply and quickly. They assess not only the facts of your case but also the reputation of your attorney.

If they know your lawyer rarely takes cases to trial, they have little incentive to offer a fair settlement. They will drag out negotiations, knowing your attorney will eventually pressure you to accept less to avoid the courtroom. At Attorney911, we prepare every single case as if it is going to trial from day one. This means we conduct thorough discovery, depose key witnesses, hire elite accident reconstruction and medical experts, and build a compelling narrative for a jury. This level of preparation gives us tremendous leverage in negotiations because the insurance company knows we are not bluffing. As Ralph, who is admitted to the U.S. District Court for the Southern District of Texas, often says, “We don’t accept lowball offers because we know what a Texas jury will award for catastrophic injuries.”

Our firm’s history includes being one of the few in Texas involved in the BP Texas City explosion litigation, where we faced off against billion-dollar corporate defendants and their armies of defense lawyers. That same tenacity is brought to every 18-wheeler case we handle. When you choose a lawyer, you are choosing their ceiling. Choose a firm whose ceiling is a multi-million dollar jury verdict, not a quick settlement check.

The Insurance Trap: Why You Must Not Speak to Adjusters Alone

Ralph’s warning is stark and accurate: “Insurance adjusters are not your friends.” Their job is to protect their company’s profit margin. From the moment the crash is reported, the trucking company’s insurer opens a file and begins building a defense. An adjuster may call you, sounding sympathetic and helpful. They might say they want to “get your side of the story” to “speed up the process.” This is a trap.

Here is what they are really doing:

• Recording Your Statement: They will ask leading questions designed to get you to admit uncertainty (“I guess I didn’t see him…”), minimize your injuries (“So you’re feeling okay?”), or accept partial blame.
• Using Your Words Against You: Any minor inconsistency between your recorded statement and later medical records or testimony will be used to attack your credibility.
• Offering a Quick, Low Settlement: They may present a fast check for a few thousand dollars, hoping you are desperate to pay bills. Once you cash it, you sign away all future rights to compensation, even if your injuries turn out to be far worse.

This is where Attorney911’s unique advantage becomes your shield. Our associate attorney, Lupe Peña, worked for years at a national defense firm, learning firsthand how large insurance companies value claims. Lupe knows the exact tactics adjusters are trained to use because he used them himself. He understands the claim valuation software, the settlement authority structures, and the pressure tactics. Now, he uses that insider knowledge exclusively for our injured clients. When we communicate with the insurance company, we speak their language from a position of power. We handle all communication, so you never have to face their manipulation. As client Glenda Walker said in her review, “They fought for me to get every dime I deserved.” If an adjuster has already contacted you, do not say another word. Call 1-888-ATTY-911 immediately.

The Attorney911 Difference: Proven Results and Insider Knowledge for Texas Victims

Choosing an attorney after a semi-truck accident is one of the most important decisions you will make. You need more than just a lawyer; you need a dedicated legal team with specific expertise, proven results, and the resources to go the distance. Here is what sets Attorney911 apart for Houston, Austin, and Beaumont area residents.

Leadership with 25+ Years of Courtroom Experience

Managing partner Ralph Manginello has been fighting for injured Texans since 1998. Admitted to both the Texas Bar and the U.S. District Court for the Southern District of Texas, Ralph has the experience to handle complex, high-stakes litigation. His background includes the massive BP explosion litigation, demonstrating our firm’s capability to take on the largest corporate defendants. As client Jamin Marroquin testified, “Mr. Manginello guided me through the whole process with great expertise… tenacious, accessible, and determined.” Ralph’s deep Houston roots—raised in the Memorial area—mean he understands Texas juries and Texas values.

The Unfair Advantage: A Former Insurance Defense Attorney on Your Side

As mentioned, Lupe Peña’s background is our clients’ secret weapon. Lupe, a third-generation Texan from Sugar Land, spent years on the other side. He reviewed surveillance, took recorded statements, and calculated low settlement offers for insurance companies. Now, he uses that playbook in reverse. He knows which independent medical examiner (IME) the insurance company will hire to downplay your injuries because he hired them. He knows how they will twist your social media posts because he’s done it. This insider knowledge allows us to anticipate and counter every defense tactic, often leading to significantly higher settlements. In one case, our investigation into a client’s back injury on a ship revealed he should have been assisted, leading to a significant cash settlement.

Multi-Million Dollar Results for Catastrophic Injuries

We do not just promise results; we have documented them. Our firm has recovered multi-million dollar settlements for clients with life-altering injuries. For example, we secured a multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company. In another recent case, a client’s leg injury from a car accident led to a staff infection and partial amputation during treatment; this case also settled in the millions. These results require an attorney who understands the true long-term cost of future medical care, lost earning capacity, and pain and suffering. We work with economists and life care planners to build an undeniable case for maximum compensation.

A Client-Centric Process That Treats You Like Family

With over 251 Google reviews and a 4.9-star rating, our clients consistently praise our communication and compassion. Paralegals like Leonor (Leo) are mentioned by name dozens of times for keeping clients informed and supported. As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” We offer bilingual services in Spanish through Lupe and our staff, including Zulema, ensuring all Texas families feel understood. We work on a contingency fee basis—we don’t get paid unless we win your case. Our standard fee is 33.33% before trial and 40% if we must file a lawsuit and go to trial. We advance all case costs, so you pay nothing upfront.

Frequently Asked Questions About Semi Truck Accident Lawsuits

How long do I have to file a lawsuit after a semi-truck accident in Texas?

Texas has a two-year statute of limitations for personal injury claims (Texas Civil Practice & Remedies Code § 16.003). This means you have exactly two years from the date of the accident to file a lawsuit in court. Missing this deadline, even by one day, forever bars your claim. However, you should not wait anywhere near that long. Critical evidence disappears quickly, and an early, aggressive investigation is key to a strong case.

What if the truck driver says it was my fault?

Do not admit fault at the scene or to an insurance adjuster. Fault is a complex legal determination that requires investigation. Texas’s modified comparative fault system allows you to recover even if you were partially at fault, as long as you are less than 51% responsible. We will investigate all factors—driver logs, black box data, witness statements—to build the strongest possible case on liability.

What compensation can I recover in a semi-truck accident case?

You may be entitled to both economic and non-economic damages, including: all past and future medical expenses; lost wages and loss of future earning capacity; physical pain and suffering; mental and emotional anguish; physical impairment or disfigurement; and in cases of gross negligence, potentially punitive damages. In a wrongful death case, surviving family members can recover additional damages like loss of companionship and mental anguish.

How long will my case take?

Every case is unique. A straightforward case with clear liability and resolved injuries may settle in 6-12 months. A complex case involving catastrophic injuries, disputed liability, or a reluctant insurance company may take 18-36 months or longer, especially if litigation and trial are necessary. We will give you an honest assessment during your free consultation and update you every step of the way.

What if the trucking company is based out of state?

This is common and adds a layer of complexity. Trucking companies engaged in interstate commerce are subject to federal regulations. Our experience in federal court (Southern District of Texas) is crucial here. We know how to navigate federal procedural rules and can ensure the out-of-state company is properly brought into a Texas court to answer for their driver’s actions.

Can I afford an Attorney911 lawyer?

Absolutely. We work on a contingency fee, so you pay nothing unless we recover money for you. We also advance all case costs (filing fees, expert witnesses, etc.). This allows you to get world-class legal representation without adding financial stress to your recovery.

Don’t Face the Trucking Industry and Its Insurers Alone—Call Your Legal Emergency Line

Being hit by an 18-wheeler changes everything in an instant. The physical, emotional, and financial toll can be overwhelming. You do not have to navigate this crisis alone. At Attorney911, we combine Ralph Manginello’s 25+ years of aggressive litigation experience with Lupe Peña’s insider knowledge of insurance defense tactics. We have the proven results, from multi-million dollar settlements to our current litigation of a $10 million lawsuit against the University of Houston and a fraternity. We are ready to fight for you.

Evidence is disappearing right now. Witness memories are fading. The insurance company is already building its file. Protect your future. Call the legal emergency lawyers who will answer, listen, and act. Contact us for a free, no-obligation consultation. We serve clients across Texas from our offices in Houston, Austin, and Beaumont. Call 1-888-ATTY-911 (1-888-288-9911) anytime, 24/7. You can also visit our website at attorney911.com to learn more about our firm. Let us help you turn this moment of crisis into a foundation for recovery.

Frequently Asked Questions

Do semi truck accident cases usually go to trial?

While many semi-truck cases settle out of court, the threat of trial is essential for securing fair compensation. Insurance companies only offer reasonable settlements when they know your attorney is fully prepared and willing to go to trial. At Attorney911, we prepare every case for trial from day one, which gives us maximum leverage in negotiations.

Why should I avoid talking to the insurance adjuster after a truck accident?

Insurance adjusters are trained to minimize your claim. Their friendly demeanor is a tactic to get you to give a recorded statement or accept a lowball offer. They will use anything you say against you to reduce or deny your claim. Having Attorney911 handle all communication protects you from these manipulative strategies.

What makes a semi-truck accident case more complicated than a regular car wreck?

Semi-truck cases involve federal trucking regulations, multiple potential defendants (driver, company, loader, manufacturer), complex insurance policies, and data from electronic logging devices (ELDs) or ‘black boxes.’ It requires an attorney with specific knowledge of these areas to properly investigate and value the claim.

How does Attorney911’s experience with the BP explosion litigation help my truck accident case?

Our involvement in the BP Texas City explosion litigation demonstrates our firm’s capability to handle extreme complexity, take on massive corporate defendants with deep-pocketed defense teams, and fight for maximum compensation in catastrophic injury cases. This high-stakes experience directly translates to building formidable cases against trucking companies and their insurers.

What if I can’t afford medical treatment while my case is pending?

We can help connect you with doctors and specialists who will treat you on a medical lien. This means you get the care you need now without upfront payment; the provider’s fees are paid from your eventual settlement. We advance all case costs, so finances should not be a barrier to your recovery or your lawsuit.

How do I know if Attorney911 is the right law firm for my semi-truck accident case?

Look at our results, our credentials, and what our clients say. We have multi-million dollar settlements for catastrophic injuries, a former insurance defense attorney on our team, and over 251 Google reviews with a 4.9-star rating. Client testimonials like those from Jamin Marroquin and Glenda Walker speak to our communication, dedication, and success. Call 1-888-ATTY-911 for a free consultation to see for yourself.