A crash with a commercial truck doesn’t feel like a typical fender-bender. The size difference alone changes everything. Braking distances stretch, blind spots grow, and the impact forces turn a routine commute into a life-altering event in a blink. If you live or work in McKinney or anywhere along U.S. 75, 380, or 121, you’ve seen how freight traffic threads through everyday driving. When a wreck happens, clarity can vanish right when you need it most. This guide walks you through practical steps, legal context, and judgment calls I’ve learned from years of helping people pick up the pieces after a truck hits them.
First moments at the scene: safety, evidence, and restraint
The first instinct is often to get out and check the damage or argue fault. Resist that urge until you’ve anchored the basics. Your safety and medical needs come first, and they set the tone for everything that follows. If the vehicle moves and it’s safe to do so, shoulder it away from traffic. Kill the engine. Flip on hazard lights and set out cones or triangles if you have them. When a tractor-trailer is involved, secondary collisions are a real risk. Give yourself space.
Call 911 and request police and EMS. You might feel “okay” from the adrenaline, yet truck impacts routinely produce delayed symptoms: neck stiffness that blooms overnight, dizziness, shoulder pain that masks a torn rotator cuff, or subtle changes that point to a concussion. Get evaluated at the scene. If paramedics recommend transport, take it. Medical records created immediately after the crash carry real weight with insurance adjusters and, if needed, a Collin County jury.
While you wait, collect the essentials without getting in anyone’s way. Ask the truck driver for license and insurance information and, crucially, the motor carrier’s name and USDOT number from the cab door. Snap photos of the truck’s placards, the trailer, skid marks, the resting positions of vehicles, deployed airbags, gouge marks, and cargo spills. Include wide shots that show lane markings and intersection controls. If you see dashcams or witnesses willing to talk, get contact details and short statements. Keep your words measured; do not apologize or speculate. “Are you okay?” is kind. “I didn’t see you” can be twisted into an admission.
If weather played a role, capture it. A wet patch or glare from a low sun can contextualize a braking misjudgment. If a tire failed, photograph the shredded belt. If cargo shifted, note how it looks. These details may later help a McKinney car accident lawyer pin down responsibility beyond the driver, such as the shipper or maintenance contractor.
Why truck crashes differ from regular collisions
Once the tow trucks clear, the process diverges from a typical car wreck. Commercial trucking sits under layers of federal and state rules most drivers never think about. The Federal Motor Carrier Safety Regulations (FMCSRs) govern hours of service, drug testing, inspection and maintenance obligations, driver qualification files, and how cargo gets secured. Texas adds its own requirements. That means there are more places where negligence can occur and more entities who may share blame.
Consider a few common scenarios. A fatigued driver pushes past legal hours because a dispatcher promised a delivery window that doesn’t fit the timetable. A maintenance vendor skips a brake inspection. A loading crew stacks pallets high without proper tie-downs, causing a trailer to sway and the tractor to jackknife under braking. Or the trucking company hires a driver with a patchy safety record because the lane is short on drivers that week. These aren’t hypotheticals. They’re patterns that show up repeatedly on U.S. 75’s long stretches and in tight turns near industrial parks.
Liability can be broader than in a two-car crash. In addition to the driver, potential defendants might include the carrier, the trailer owner, the shipper, the broker that arranged the load, or even a manufacturer if a component failed. A knowledgeable McKinney personal injury lawyer will look beyond the police report to audits, logs, GPS breadcrumbs, and maintenance records to identify who should be at the table.
The evidence that matters most (and why it disappears fast)
Trucking companies and their insurers mobilize quickly after a crash. Adjusters and defense teams often start work before the vehicles leave the scene. Key evidence can be overwritten or lost within days or weeks if no one acts to preserve it. The most important buckets include:
Electronic control module data. Many tractors and some modern passenger vehicles carry event data recorders that capture speed, braking, throttle position, and seatbelt status in the moments before impact. Some systems overwrite if the truck returns to service.
Hours-of-service and ELD logs. Electronic logging devices track drive time, but they don’t tell a full story alone. They pair with fuel receipts, weigh station records, geofencing pings, and dispatch notes to reveal whether a driver complied with rest requirements.
Vehicle inspection and maintenance files. Brake life, tire condition, suspension parts, and out-of-service orders can point to a maintenance lapse. Texas and federal rules require pre-trip and post-trip inspections; the paperwork can make or break a negligence claim.
Load and securement documents. Bills of lading, load plans, weight tickets, and shipper communications show what the driver was hauling and whether cargo was secured correctly. Certain loads require specific securement methods to prevent shifting.
Driver qualification and training records. Carriers must vet driver backgrounds, reportable crashes, and medical certifications. Hiring a driver with red flags or failing to train for a particular trailer type can be evidence of negligent entrustment.
Without a preservation letter sent early to the carrier and any third parties, you risk losing these threads. One of the first steps a McKinney injury lawyer takes is to send a spoliation notice demanding that the company preserve the truck, its ECM data, logs, and related records. If necessary, an emergency motion can involve a court order. Timelines matter because some systems purge data automatically after a set number of ignition cycles.
Medical care is case care
From a legal standpoint, your health story is your case. Gaps in treatment look like gaps in credibility, even when life gets in the way. After the ER or urgent care visit, follow up with your primary physician or an orthopedic or neurologic specialist as appropriate. Soft tissue injuries peak in pain and swelling between 24 and 72 hours, and brain injuries often present subtly: headaches, fogginess, irritability, sleep changes, sensitivity to light. If symptoms shift, document it.
Imaging can be decisive. X-rays rule out fractures, but MRIs reveal disc herniations, spinal cord contusions, and ligament damage that X-rays miss. If your doctor recommends physical therapy, go consistently. Treatment records chart your progress and your setbacks. They form a narrative that insurers read closely when they decide whether to value your claim fairly or force litigation.
Keep a simple symptom and activity journal. Note pain levels, medications, missed workdays, and activities you can no longer perform or do with difficulty. If you’re caring for a family member and can’t lift them, write that down. If you skip your kid’s soccer tournament because standing on the sidelines hurts, that matters. Juries understand real life.
Dealing with insurers without hurting your claim
Within a day or two, you’ll likely hear from the trucking company’s insurer and possibly your own. Be polite, verify claim numbers, and stick to facts around property damage and basic biographical information. Decline recorded statements until you’ve talked to counsel. Adjusters are trained to frame questions that elicit concessions, like asking whether you “stopped suddenly” or whether you’re “feeling better today.” Innocent words, but they can be used to paint you as partly at fault or as someone whose injuries are minor.
If your vehicle is totaled, your policy’s coverage governs the valuation process. Gather maintenance records, aftermarket additions with receipts, and comparable listings in the McKinney and North Texas market. If repairable, choose a body shop you trust, not just the insurer’s preferred network. Texas law allows you to select your shop. If a rental is necessary, understand whether your policy covers it and for how long. Keep receipts for out-of-pocket expenses.
As for medical bills, your health insurance should step in first if you have it. Your policy may seek reimbursement later out of any settlement, a process called subrogation. A McKinney auto accident lawyer can often negotiate those liens down, especially when the settlement reflects limited insurance or significant future care needs.
How fault and damages work under Texas law
Texas uses proportionate responsibility. If you’re less than 51 percent at fault, you can recover damages, reduced by your percentage of fault. In trucking cases, defense teams commonly argue that the car “cut off” the truck, braked too hard, or lingered in the truck’s blind spot. That’s why early witness statements and scene photos matter. They counter a narrative that otherwise becomes one person’s word against another’s.
Damages break into two broad categories. Economic damages cover medical bills, future care, lost wages, diminished earning capacity, and property damage. Non-economic damages address pain, physical impairment, disfigurement, and loss of enjoyment of life. In severe cases, punitive damages can be available when a defendant’s conduct shows gross negligence, such as knowingly putting an unsafe truck on the road or forcing a driver to violate hours-of-service rules. These are fact-intensive and require strong proof.
Texas’s statute of limitations for personal injury is typically two years from the date of the crash. Certain claims, such as those involving wrongful death or government entities, can carry special notice requirements or compressed timelines. Waiting rarely helps. Witness memories fade, and electronic data gets harder to retrieve the longer a rig stays in service.
How a McKinney car accident lawyer approaches a truck case
Most people picture a lawyer negotiating with an insurance adjuster. That’s part of it, but in serious truck cases, the work resembles a hybrid of investigation and litigation planning. A seasoned McKinney car accident lawyer starts with preservation, then assembles a team tailored to the crash: accident reconstructionists who can read yaw marks and ECM data, biomechanical experts who explain how forces McKinney personal injury lawyer translate to injuries, and sometimes human factors experts who speak to perception and reaction times at highway speeds.
Discovery digs into logs, dispatch communications, internal safety policies, and driver histories. We compare what the driver did against what the rules required and what the company’s own policies promised. If a carrier claims “safety first,” yet the driver’s route shows unrealistic mileage between stops, that disconnect becomes a focal point. Photos of brake components, tires, and lighting can show whether a mechanical issue played a role. Cell phone records matter if distraction is suspected.
Settlement is not capitulation. It’s a business decision grounded in risk and value. An attorney who builds a case for trial usually gets better settlement offers, because the other side can see what a jury would see. But trial remains a possibility, and your lawyer should talk candidly about the upside and downside. Juries in Collin County can be fair and attentive, but they expect specifics, not generalities. They want to see medical images, hear from treating doctors, and understand the mechanics of the crash. They weigh credibility heavily. If your testimony lines up with the documents and the expert opinions, you’re in a strong position.
Common pitfalls that cost people money
I’ve watched good cases lose steam because of avoidable missteps. Social media can be a landmine. A smiling photo at a barbecue doesn’t prove you’re uninjured, but defense counsel will wave it around to suggest you’re exaggerating. Lock down your profiles and avoid case discussion. Missed medical appointments are another red flag; if transportation or childcare is an issue, tell your provider and your attorney so accommodations can be arranged and documented. Fixing your car before a defense expert inspects it can hamper a property damage dispute or obscure evidence about impact angles and speeds. Keep the vehicle available until everyone has had a look.
Finally, early lowball offers arrive for a reason. Insurers know the weeks after a crash are financially stressful. Mortgage payments are due, and the payroll department won’t advance sick leave. Accepting a fast check can bar you from claiming future medical care or wage losses. If a release crosses your inbox, have a McKinney injury lawyer review it before signing.
The role of local knowledge
McKinney’s road network and development patterns shape crashes in subtle ways. Construction on interchange projects changes lane markings and merges every few months. Traffic on 75 compresses quickly near University Drive and Eldorado Parkway. Farm-to-market roads feed commercial corridors, and rural stretches remain just minutes from high-density retail. Understanding how these environments affect line of sight, lane choice, and stopping distances helps frame an incident.
Local medical providers influence case timelines too. Wait times for MRIs, referrals to specialists in Plano or Frisco, and therapy availability in McKinney affect recovery trajectories and documentation windows. Jurors will recognize those realities. On the legal side, Collin County courts have their own scheduling practices and preferences, and filing a case in the right venue can make a practical difference in cost and cadence.
A short, practical checklist for the days after
- Get medical evaluation within 24–48 hours and follow through on referrals. Notify your insurer; decline recorded statements to the trucking insurer until you have counsel. Preserve evidence: photos, witness info, damaged personal items, and your vehicle. Keep a daily log of symptoms, work impact, and expenses; save every bill and receipt. Consult a McKinney auto accident lawyer promptly to send preservation letters and manage communications.
What compensation can reasonably cover
People often ask what a typical settlement looks like. There isn’t a reliable “average,” and be wary of anyone who throws out a number without seeing records. Reasonable compensation should account for the full arc of your harms. If you need future injections or a surgery such as a cervical discectomy, the present value of that care belongs in the equation. If you switched jobs because your shoulder won’t tolerate overhead work, that wage difference is quantifiable. Scar revision, durable medical equipment, mental health counseling after a traumatic crash, and household services you can no longer provide are all legitimate categories with methods for valuation.
Non-economic damages are harder to peg because they involve lived experience. Jurors listen for concrete, relatable impacts: how long you can sit before pain flares, whether you sleep through the night, if you avoid certain roads because of anxiety. Vague complaints don’t carry the same weight as consistent, medically supported descriptions. That’s why contemporaneous notes help. They keep the story believable and specific.
When a case becomes a wrongful death claim
Truck collisions can be fatal, especially at highway speeds. When a family loses someone, the claim splits into two related parts. A survival claim addresses the deceased’s injuries and damages before death; a wrongful death claim focuses on the losses of eligible family members. Texas law defines who can bring these claims and how damages work, including loss of companionship, mental anguish, and the financial contributions the person would have made. Grief intersects with procedure, and it’s hard to manage both. Early legal support preserves evidence while the family handles the immediate tasks of arrangements and estate matters.
How fees work and what to ask before you hire
Most McKinney personal injury lawyers handling truck cases work on a contingency fee. You pay nothing up front, and the fee comes from the recovery. Ask about the percentage at different stages, such as pre-suit resolution versus post-filing or trial. Clarify how case costs are handled. Accident reconstruction, depositions, medical expert reports, and imaging copies add up. Some firms advance costs and recoup them from the settlement; others may ask for partial contributions. Transparency avoids misunderstandings.
Meet the team, not just the face on the website. In complex cases, paralegals, investigators, and associate attorneys do significant work. You should know who answers your emails, who sets medical appointments, and who appears at hearings. Request an outline of the first 60 days: preservation letters, initial medical coordination, insurance notifications, vehicle inspection plans. You will feel more grounded with a timeline in hand.
A final word on patience and persistence
Truck cases move at a different pace than simple rear-end collisions. More parties mean more documents, more experts, and more time for scheduling. The first wave of work focuses on stabilizing your health and locking down evidence. The next wave analyzes fault and damages with enough detail to negotiate intelligently. If settlement doesn’t reflect the value, filing suit becomes the lever that forces disclosure and, if necessary, a trial date. Patience here is strategic, not passive.
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Thompson Law
Address: 321 N Central Expy STE 305, McKinney, TX 75071
Phone: (214) 390-9737