Losing someone you love in a sudden accident with a commercial truck is devastating, and its aftermath can feel overwhelming for the people left behind. Families often have to grapple with grief, financial strain, and a maze of legal complexities while trying to make sense of what comes next. It’s natural to wonder how to get started, or who can help, which is why many people in such circumstances ask: "What should I do if I lost a loved one in a Texas truck accident?"
Answer: After a fatal truck accident, it is best to take steps to find an attorney to safeguard your ability to pursue a lawsuit as quickly as possible.
While there are certainly many pressing concerns after losing a loved one in a crash, the clock immediately starts ticking on your ability to hold the wrongdoer accountable. That's why at the very least, we urge people in your position to find a trusted person to begin the process of finding and attorney, while you take care of more important matters. In this article, we'll explain in more depth why it's so important to act quickly.
Compensation Isn't Automatic in Truck Accident Cases
Over the years we've spoken to many people who believed the details of their truck accident were so obvious, and fault was so clear, that the trucking company would have no choice but to accept responsibility and offer compensation. Every time, we had to break the news that compensation is never guaranteed after a truck accident, even when it clearly caused serious harm or loss.
Texas follows a modified comparative fault system, which means the plaintiff must show that the trucking company, driver, or another party was at least 51% responsible for the damage done in the truck accident. Proving that requires finding evidence of negligence, then building a case that convincingly demonstrates it. All the while, the trucking company and its insurer will dispute and undermine the validity of the claims and the victims' damages. They have a lot to lose if a jury decides against them, so it's not in their interests to make the process frictionless.
In a nutshell, no one should ever expect the legal proceedings after a truck accident to be simple. They are highly complex and time-consuming—and that complexity is why it's important to get things moving as soon as possible.
Why Is It Important to Act Quickly After a Truck Accident?
It's critical to act quickly after a truck accident for a number of reasons, but the two that make the most difference are securing evidence and the statute of limitations. Let's talk about both of those.
Securing Evidence
People may not realize it, but evidence from a truck accident often starts disappearing almost right after it happens. Tire marks on the road fade within days due to traffic and weather, debris from the scene is swept off the pavement or removed entirely, and damaged vehicles may be repaired or destroyed after they're towed. Physical evidence of the wreck can hold vital clues about what happened and how, but if no one gathers, examines, and documents it, there's a chance it will be corrupted or vanish altogether.
Other evidence runs the risk of disappearing too, as trucking companies and their insurers often move fast to protect themselves. With that in mind, critical internal records like driver logs, maintenance reports, and data from the truck’s “black box” may only be kept for a limited time before they're discarded or overwritten. Witness interviews get harder with time as well—locating them gets tougher, and their memories about what happened get hazier the longer you wait to collect their statements.
As we said, time is not on an accident victim's side. The sooner an attorney can start investigating the crash and gathering evidence, the less likely any of it will disappear. That's one good reason for urgency; the other is that the law imposes strict deadlines on when a truck accident lawsuit can be filed.
Statute of Limitations
In Texas, families pursuing a wrongful death lawsuit after a truck accident generally have two years from the date of their loved one’s passing to file a claim. This time limit, known as the statute of limitations, is rigidly enforced. Missing the deadline almost always means losing the right to seek compensation, no matter how strong the case might be. Even in situations where the statute of limitations is longer than two years, such as for minor children with claims, the evidence needed to make the case still degrades.
Knowing about the statute of limitations is crucial because it shapes the entire timeline for building a case, from gathering evidence to negotiating with insurers. By waiting, victims and their families risk not only losing critical proof but also forfeiting their legal right to hold anyone accountable.
If I Wait to Pursue My Case, Will It Be Too Late?
The short answer to that question is "maybe." We've successfully litigated cases in the past where clients waited months or even a year to reach out to an attorney,—but those are usually the exception. There have also been numerous times where a person with what otherwise would have been an actionable claim reached out to us and we had to give them the terrible news that the evidence they needed to make their case no longer existed.
Certainly, starting a wrongful death truck accident case isn't at the top of the "to do" list when you receive news that your loved one passed away. Given the hundreds of people in similar situations we've helped over the years, we understand how grieving works and why it's important. While it may seem daunting, the reality is that after you've retained an experienced truck accident attorney, they'll get the process started while you take the time to deal with what's really important. This preserves your ability to hold the wrongdoer whose carelessness cut your loved one's life short, while giving you the space to grieve on your own terms.
Grossman Law Is Here to Help
As we've covered today, a truck accident victim's loved ones often face many hardships after their loss. Navigating the complexities of a lawsuit may feel overwhelming—especially when they're already reeling from grief and financial strain. If they wait too long, though, they risk losing both vital evidence and their legal right to use it in court. They may struggle to take action while wrestling with grief, so an attorney can be an important ally to relieve them of that burden.
The Texas truck accident attorneys at Grossman Law Offices have decades of experience guiding families through the difficult aftermath of fatal truck accidents. Once hired, they immediately begin careful investigations to find and preserve evidence, which they assemble into a strong case that trucking companies and their insurers can't refute. If you were hurt or lost a loved one in an accident with a commercial vehicle, contact Grossman Law Offices today for a free and confidential consultation. We are available to speak with you 24/7.
