Timeline of a Truck Accident Lawsuit in San Antonio: What to Expect

Timeline of a Truck Accident Lawsuit in San Antonio

San Antonio sits at the meeting point of several major freight routes in Texas. I-35 carries trucks between Laredo and points north, I-10 connects the city with Houston and El Paso, and I-37 runs south toward Corpus Christi. Loop 410, Loop 1604, and US-281 also carry substantial commercial traffic through the San Antonio area.

I-35Laredo and points north
I-10Houston and El Paso
I-37South toward Corpus Christi
Also busy: Loop 410 Loop 1604 US-281

When an 18-wheeler turns your life upside down in seconds, you want to know what happens next and how long it will take. The truck accident claim process moves in stages, from investigating the crash and determining liability to settlement negotiations with the insurance company and, if necessary, taking a lawsuit to trial. The path your case takes depends heavily on the circumstances of the crash, your truck accident injuries, liability, and other factors. Getting legal guidance can be helpful as you consider your options.

Attorney Troy A. Brookover has spent more than 30 years representing injured Texans, and his insurance defense experience gives him insight into how insurers approach truck crash claims and how to build a strong case. If you or someone you love suffered injuries in a San Antonio commercial truck crash, call or contact the Law Offices of Troy A. Brookover for a free consultation. We answer calls 24/7. Se habla español.

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A Quick Look at the Typical Timeline

1Investigation
2Demand and negotiation
3Litigation
4Trial
$Payout

When clients come into our office, one of the first questions they ask is how long a truck accident lawsuit takes. Unfortunately, there’s no universal answer. Generally, personal injury claims with clear liability and injuries expected to recover fully tend to move faster than cases involving catastrophic injuries, disputed liability, or multiple potentially liable parties. Truck accident cases can involve several of these complications, making it important to understand the full extent of your injuries, damages, and potential liability before accepting an insurance settlement.

What to Do Immediately After a Truck Crash

Your actions in the first few days after a Texas truck accident can shape how your case proceeds, and you can begin protecting your legal rights at the accident scene. Take these steps if your injuries allow:

Call 911

This call brings first responders to the crash site. Paramedics can treat injuries, and law enforcement can begin investigating the collision.
Seek immediate medical attention

Some serious injuries, such as brain injuries and internal bleeding, may not manifest symptoms for hours or days. A prompt exam may detect these “hidden injuries” and also create a record documenting your injuries and their relationship to the truck accident.
Photograph the accident scene

Pictures of the vehicles, skid marks, road conditions, and the truck’s DOT number and company name can help identify every party involved.
Collect witness contact information

Independent witnesses can confirm details that the driver or trucking company may later dispute.
Get a copy of the police report

Texas law enforcement uses the Texas Peace Officer’s Crash Report (Form CR-3) to document crashes. A copy of the report may be useful when evaluating how the truck accident happened and who may be responsible.
Avoid giving recorded statements

The trucking company’s insurer may call you quickly, and anything you say can affect the value of your claim before you understand the scope of your injuries.

Early legal help matters too. The Federal Motor Carrier Safety Administration (FMCSA) does not require trucking companies to keep certain records indefinitely. For example, motor carriers generally must retain drivers’ records of duty status and supporting documents for at least six months under 49 C.F.R. § 395.8(k)(1). A prompt preservation letter from a truck accident attorney can put the trucking company and other potentially responsible parties on notice to preserve evidence relevant to the claim.

Why Truck Accident Claims Take Longer Than Car Accident Claims

A semi-truck accident can involve far more moving pieces than a typical car accident, and each one can add time to the claims process. Here’s why:

Multiple liable parties

The driver, the motor carrier, a freight broker, a cargo loader, a maintenance shop, or a parts manufacturer may all share responsibility. When multiple parties may be liable, determining each party’s role and pursuing available insurance coverage can make the claim more complex and time-consuming.
Federal safety records

Investigators may need to pull and review the carrier’s FMCSA inspection history, crash history, and safety ratings, which may provide valuable information about the truck company’s compliance history.
Hours-of-service logs (HOS)

Federal rules under 49 CFR 395.3 limit property-carrying drivers to 11 hours of driving after 10 consecutive hours off duty, and electronic logging devices track that time. Reviewing driver logs and any history of HOS violations can be especially important when fatigued driving is suspected as a contributing factor in a truck accident.
Larger insurance policies

Many commercial truck carriers must maintain substantial liability coverage. For example, 49 C.F.R. § 387.9 generally requires for-hire interstate carriers transporting nonhazardous property in vehicles weighing 10,001 pounds or more to carry at least $750,000 in liability coverage, with even higher minimums in some circumstances. Insurers defend these high-dollar claims aggressively, which can draw out the settlement process.

Why Settling Early Is Risky

Insurance adjusters may offer a quick check within weeks of a truck collision. However, once you accept a settlement and sign a release, you usually can’t ask for more money later, even if your condition gets worse.

Doctors use the term maximum medical improvement (MMI) to describe the point where your condition has stabilized, and further medical treatment won’t significantly change it. Before you reach MMI, nobody can say for sure whether you might need another surgery, more physical therapy, or long-term care. A truck accident settlement you accept too soon may not account for these future costs, leaving you to pay out of pocket or forgo necessary care because of the cost.

The Truck Accident Lawsuit Timeline

The truck accident settlement timeline in Texas is different for everyone, but most cases move through several general phases. Here’s an idea of what to expect.

Step 1: Investigation

Investigation lays the foundation for the other steps needed to file a truck accident claim in Bexar County. During this phase, your truck accident lawyer will gather:

The crash report
Medical records
Photographs
Witness statements
Data from the truck’s electronic logging device (ELD)
Truck driver logs
Information from the truck’s event data recorder (“black box”)
Drug and alcohol test results
Truck maintenance records
Truck company hiring records, employment policies, and safety records
Cargo manifests

While you focus on healing, we will focus on collecting the proof and building the case.

Step 2: Demand Letter and Settlement Negotiations

Once your doctors have a clear picture of your recovery, we will prepare a detailed demand package for the insurance company. The demand package can include:

Medical bills and projected future treatment costs
Lost income and reduced earning capacity
Photographs and records that show the severity of your injuries
Statements about how your injuries affect your daily life, work, and family

The insurer may accept, reject, or counter the demand. You may find that the insurance company tries to shift some or all of the blame onto you. That argument doesn’t necessarily bar your right to compensation. Under Texas Civil Practice and Remedies Code § 33.001, you generally cannot recover damages if you are found to be more than 50 percent responsible for the accident. If your share of responsibility is 50 percent or less, you may still recover, but your damages will be reduced in proportion to your percentage of responsibility.

Many truck accident claims settle. However, if an insurer refuses to make a fair offer, you may file a truck accident lawsuit.

2 yearsto file suit

Texas generally gives you two years from the date of injury to file suit under Texas Civil Practice and Remedies Code § 16.003.

Step 3: Litigation

Filing a truck accident claim in court doesn’t mean your case will end in a trial. But it does begin a formal process with deadlines that both sides must follow.

Original petition
Citation served
Written answer
Discovery
Mediation

In Texas, a lawsuit begins with a document called an original petition. The defendant then receives a citation, which is the official notice of the lawsuit. Under the Texas Rule of Civil Procedure 99, the defendant’s written answer is generally due by 10:00 a.m. on the Monday next after the expiration of 20 days after service.

Next comes discovery, the phase where both sides exchange information. Discovery in a trucking case can include:

Written questions called interrogatories
Requests for documents such as driver qualification files and dispatch records
Depositions, which are sworn, recorded interviews with the driver, company managers, doctors, experts, and other relevant parties

Bexar County also has its own procedures for handling civil cases. The Bexar County Civil District Courts use a Presiding Court system with centralized dockets for certain pretrial matters and trials. The courts also have local rules governing civil proceedings. Mediation may be part of the process as the parties work toward resolving the case without a trial.

Step 4: Trial

If negotiations and mediation fail, your truck accident case may proceed to trial. A jury or judge will hear the evidence and decide who bears responsibility and what compensation you should receive.

When Do I Receive My Payout?

A settlement or verdict doesn’t mean a check arrives the next day. Several things need to happen first:

Signing the releaseYou’ll sign a settlement agreement and release, and the insurer will usually send the funds after it receives the signed paperwork.
Resolving medical liensTexas Property Code 55.002 allows hospitals and emergency medical providers to place a lien on your claim for unpaid care, so any valid liens need to be paid before your share is distributed.
Handling subrogation claimsYour health insurer, Medicare, or Medicaid may seek repayment for accident-related treatment it covered.
Processing through a trust accountWe will deposit the settlement into a client trust account, pay verified liens and case costs, and then send you the remaining settlement funds.

We will work to identify and negotiate liens early, potentially while settlement talks are still underway, so you can receive your money as soon as possible.

Why Choose the Law Offices of Troy A. Brookover?

Accident victims choose Troy for his experience, knowledge, and track record of success in truck accident cases. He is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and prepares every case like it’s going to trial. This approach can help you feel confident you have a strategic advocate on your side, ready to pursue your case through every available channel.

Our past results include:

$1.5 millionfor a woman who needed shoulder surgery and sustained other orthopedic trauma after a commercial vehicle ran a stop sign.
$1.2 millionfor a client who suffered severe head trauma and needed neck surgery after an 18-wheeler caused a multi-vehicle crash on IH-35 near downtown San Antonio. We filed suit, and after extensive discovery and two mediations, the case settled for $1.2 million.
$1 millionin a truck accident case involving the wrongful death of a man killed in an accident with a company truck.

Prior results do not guarantee a similar outcome. Every case is different, and the outcome of any case depends on its specific facts and the applicable law.

See what our clients have to say about working with us:

Troy’s office was beyond stellar in resolving my injury case. I work for a large insurance company and never had reason to retain an attorney. That all changed in 2017 when I was struck by an 18-wheeler. I endured two surgeries, one being a major operation and Troy and his team were always compassionate towards me. They were prompt with addressing any concerns I had on the case and always put my mind at ease. Because of Troy’s aggressive negotiations and extensive knowledge, my case was resolved very quickly. They have a lifelong client in myself and family! Should I ever need representation I will be returning to his office.

D.E.

FAQs

How do medical liens affect how long it takes to get my truck accident settlement?

Liens can delay your payout because we must confirm and resolve each one before we can release your share. When possible, we try to speed up the process by requesting lien information early and negotiating reductions. This can shorten the wait and leave more money in your pocket.

What if the trucking company doesn’t have enough insurance to cover my injuries?

Federal rules require many interstate carriers hauling general freight in trucks over 10,001 pounds to carry at least $750,000 in liability coverage (49 CFR 387.9). When catastrophic injuries exceed that amount, we can look for other sources, such as excess or umbrella policies, other liable companies, and your own underinsured motorist coverage.

Is my truck accident settlement taxable?

According to the IRS, money you receive for physical injuries or physical sickness generally doesn’t count as taxable income. However, certain portions, such as punitive damages and interest, can be taxable. A tax professional can review your specific settlement.

Does it matter if the trucking company is based in another state?

It can. Texas courts may have jurisdiction over an out-of-state trucking company when the company has sufficient contacts with Texas. Under Texas Civil Practice and Remedies Code § 17.042, committing a tort in Texas is one circumstance that constitutes doing business in the state.

How does the timeline for a wrongful death truck accident claim differ from an injury claim?

A wrongful death claim follows a similar path to a personal injury claim, but some of the rules differ. Under Texas Civil Practice and Remedies Code § 16.003(b), the two-year limitations period generally begins on the date of death rather than the date of the collision. Section 71.004 allows the surviving spouse, children, and parents to bring a wrongful death claim. If none of them files within three months after the death, the personal representative generally must bring the claim unless all eligible beneficiaries request otherwise. The decedent’s estate may also have a separate survival claim under Section 71.021, depending on the circumstances. Coordinating these claims can add time to the process.