7 Critical Steps to Take After a Truck Wreck in San Antonio

Commercial motor carriers are not required to preserve evidence indefinitely. Under federal rules, they can destroy ELD data, maintenance records, and dispatch logs after a certain period. A preservation letter — a formal written demand from an attorney — stops that clock and creates a legal obligation to keep the evidence. This is often the single most critical step in a truck accident case. The motor carrier's ELD data shows how long the driver operated before the crash, whether they exceeded hours-of-service limits, and whether they took required breaks. The driver's qualification file reveals medical certifications, safety violations, and training records. Without this evidence, you lose leverage in settlement negotiations and at trial. An experienced commercial truck attorney sends this letter within 24-48 hours of being retained, before the other side has reason to think litigation is coming. The preservation letter also establishes a legal record that the carrier had notice of potential liability.

Every commercial driver operating a Class 8 tractor-trailer must maintain a driver qualification file with the motor carrier. This file includes the driver's application, prior accident history, traffic violations, training records, and DOT medical certification. Under [federal FMCSA regulations](https://www.fmcsa.dot.gov/), you have the right to request this file during discovery. Medical certification issues — failed physicals, expired certifications, or conditions that should have disqualified the driver — frequently appear in these files and establish direct negligence. A driver operating with an expired medical card, for example, violates federal law and strengthens your claim considerably. The motor carrier's CSA score (Compliance Safety Accountability rating) is also public information on the FMCSA website. If their unsafe driving or hours-of-service score exceeds the federal intervention threshold, that's evidence of systemic negligence by the carrier itself, separate from individual driver fault.

Seek immediate medical attention after a truck wreck, even if you don't feel injured yet. Many serious injuries — internal bleeding, spinal damage, traumatic brain injury — don't show obvious symptoms for hours or days. Get evaluated at a hospital emergency room or urgent care clinic and request copies of all records, diagnostic imaging, and physician notes. In San Antonio, UT Health San Antonio and Christus Santa Rosa Hospital are equipped as Level 1 trauma centers and can handle the severity of injuries typical in 18-wheeler collisions. These early medical records establish the timeline of injury, document the severity, and create a clear causal link between the crash and your condition. They're also the foundation for medical damages in any settlement or judgment. Keep copies of all emergency bills, lab results, and imaging studies. These documents are your primary evidence of injury and form the basis for medical damages claims.

Do not leave the scene without calling 911 and ensuring a police officer documents the crash. San Antonio Police Department will file an official crash report that records the scene, the vehicles involved, witness statements, and initial determinations of fault. According to [NHTSA crash investigation protocols](https://www.nhtsa.gov/), these reports document officer observations about driver conduct, sobriety, and citations. Request a copy of the report immediately and review it for accuracy. If the officer cited the truck driver or motor carrier for a violation — failure to maintain control, speeding, equipment failure, HOS violation — that citation is powerful evidence of negligence. If the report contains errors or omits critical details (such as the truck's cargo weight or trailer condition), you can request a supplement or correction. The crash report number also becomes your reference identifier for all subsequent communications with insurance companies and legal counsel.

The trucking company's insurance adjuster will attempt to contact you quickly after a wreck. They may seem helpful and may ask for a recorded statement about what happened. Do not provide one. Anything you say can be used against you in settlement negotiations or at trial. Insurance companies employ trained adjusters who look for statements that minimize the truck driver's conduct or that shift partial fault to you. Even innocent clarifications — "I was maybe going 45 miles per hour" instead of giving a precise speed, or "I didn't see the truck until the last second" — can become ammunition. If you're contacted by the insurance company, politely decline to give a statement and refer them to your attorney. This is a basic protective measure that does not suggest fault; it's standard practice in personal injury litigation. Once you retain an attorney, all communications go through your lawyer, not directly to the other side.

If you're able to do so safely, take photographs and video of the crash scene before vehicles are moved. Capture the truck's final position, the damage to all vehicles involved, road conditions, traffic signals, lane markings, and any visible cargo spillage. Photographs of the scene establish the geometry of the collision and often reveal facts that support your account — such as whether the truck crossed a lane line, ran a red light, or collided from an unexpected angle. Also photograph the truck itself: note its carrier name, license plate, trailer number, and any visible damage. Gather the names, phone numbers, and addresses of all witnesses, including other motorists, pedestrians, and people living or working nearby. Witness statements made close to the incident are more credible than those recalled months later. If emergency responders are present, ask for the names and badge numbers of the officer and paramedics. This information becomes critical during the discovery phase of litigation.

Texas allows two years from the date of injury to file a personal injury lawsuit for a truck accident. This is not an arbitrary deadline — it's a hard legal limit. Once the statute runs, you lose the right to sue, and no amount of diligence after the fact will revive it. However, don't wait until year two to retain counsel. Early attorney involvement preserves evidence, secures expert witnesses, and opens lines of communication that often lead to favorable settlements. A truck accident attorney will order the ELD data before it's destroyed, request the driver qualification file, subpoena dispatch records and maintenance logs, and coordinate with medical experts who understand catastrophic injury. In Bexar County, civil cases are filed in the Bexar County Courthouse at 100 Dolorosa Street. The procedural rules and local court practices matter, and a San Antonio attorney familiar with the judges and court processes will navigate your case more effectively than an out-of-state firm.