Truck Accident Attorneys In Texas and New Mexico
At Mendez Isaac Joudi, PLLC, our El Paso trucking accident attorneys understand that being involved in a semi-truck accident can be a traumatic and complex experience. Our dedicated team of attorneys is here to help you navigate the complexity of these challenging situations in West Texas and New Mexico. With over 50 years of combined experience, we are committed to fighting for the rights of our community, ensuring that those who can’t speak for themselves have a strong advocate by their side.
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What Makes Truck Accidents Unique Compared To Other Motor Vehicle Accidents?
Large trucks, such as tractor-trailers, can weigh up to 80,000 pounds when fully loaded. The average passenger car, in comparison, only weighs about 4,000 pounds. This vast disparity in size makes truck wrecks incredibly likely to result in severe injuries and fatalities.
In addition, resolving all the issues related to liability in a truck accident claim typically requires a deeper investigation than the average car accident. Determining fault requires examining the actions of the truck driver, the trucking company and other parties – as well as a strong understanding of the regulations imposed on driving hours, vehicle maintenance and cargo loading rules.
Evidence can be difficult to collect unless you have an attorney who can act quickly to obtain things like black box data, vehicle maintenance logs, dash cam footage and hours of service records.
Finally, trucking accident claims are generally much larger than the average car accident claim, and that means victims can expect a lot of resistance when it comes time to negotiate and settle. Because of the dollar amounts involved and the shared liability, truck accident claims are much more likely to go to trial than regular car accident claims.
Common Causes Of Serious Trucking Accidents in Texas and New Mexico
Serious 18-wheeler truck accidents can happen for numerous reasons, including:
- Distracted driving: Using cellphones, eating and GPS devices can take a driver’s attention off the road.
- Speeding: Tight schedules can encourage drivers to speed and make it difficult to control large trucks.
- Driver fatigue: Crushing schedules and long hours behind the wheel can lead to driver fatigue and unfortunate accidents.
- Aggressive driving: Tailgating, frequent lane changes and road rage can lead to collisions.
- Substance abuse: Alcohol and drug use can leave a driver unable to focus or promptly respond to events on the road.
- Improper loading: Incorrectly loaded cargo can shift during transit, affecting the truck’s balance and stability. Loads that exceed the truck’s capacity can affect the way the vehicle handles and brakes.
- Improper maintenance: Mechanical failures, such as broken brakes or blown tires, can easily cause accidents
- Inadequate training: Trucker shortages have a lot of untrained and poorly trained drivers on the road.
Ultimately, the vast majority of trucking accidents come down to human error and negligence, whether that is on the part of the driver, the trucking company or another party.
Common Injuries Associated With Trucking Accidents
Trucking accidents involving 18-wheelers often result in serious or fatal injuries. If you or a loved one has experienced any of the following due to a trucking accident, you may be entitled to compensation:
- Wrongful death
- Head or brain injuries
- Spinal cord injuries
- Broken bones
- Lost or severed limbs
- Spinal injuries
- Pain and suffering
Our team at MIJ understand the physical, emotional, and financial toll these accidents can take on victims and their families. We are dedicated to holding the responsible parties accountable in seeking the fair compensation you deserve.
Who Can Be Held Liable For A Serious Truck Accident Claim?
Liability in truck accidents can extend far beyond the obvious, depending on the circumstances of the crash. The responsible parties may include:
- The truck driver, if they were distracted, fatigued, speeding, under the influence or otherwise negligent
- The trucking company, as the trucker’s employer and especially when the company pressures drivers to exceed their limits, fails to maintain its vehicles or hires unqualified drivers
- Maintenance providers who fail to properly inspect vehicles and their components before they send them out on the road
- Cargo loaders, when a truck is overloaded or improperly loaded, which causes the cargo to shift and makes a driver lose control over their vehicle
Sometimes, even other drivers on the road or road conditions may factor into the crash, which complicates claims even more.
Navigating The Trucking Industry Regulations
The trucking industry is heavily regulated by the U.S. Department of Transportation and state regulations, and these regulations can play a crucial role in determining liability in a trucking accident case. Our attorneys have a deep understanding of the complexities involved in the trucking industry, including compliance with state and federal regulations. We will thoroughly investigate your case to identify which companies or parties are responsible for causing an accident.
Take These Steps After A 18-Wheeler Accident
It can be difficult to think straight after a truck accident, but here is what you should do in the immediate aftermath:
Call 911 to report the accident and get immediate medical attention. Even if you think you are okay, let a doctor check you over. You may have internal injuries or other serious injuries that are being masked by shock and adrenaline. Waiting too long to seek treatment makes it harder to connect your injuries to the accident and can be used by the insurance company to try to deny or devalue your claim.
If possible, take photos of the entire accident scene, including the position of the vehicles and damage to all the vehicles. This can help prove what happened.
Finally, call an experienced lawyer. The trucking company’s insurer will have an entire team of attorneys. You need someone on your side, looking out for your interests.
What Damages Are Available After A Truck Accident?
A commercial trucking accident can leave you with steep financial burdens. The law allows victims to seek various forms of compensation to offset their damages. Common examples include:
- Medical expenses: Expenses related to medical care, including emergency room fees, surgeries, medications, x-rays and doctor appointments.
- Rehabilitation: Physical therapy to recover your strength or vocational training to help you return to work.
- Lost wages and loss of earning capacity: The income you missed while recovering from your injuries, or a permanent reduction in your ability to earn a living.
- Pain and suffering: Restitution for physical agony, emotional distress and decreased quality of life caused by the accident.
- Property damage: Repairs or replacement of your vehicle, along with any personal belongings destroyed in the crash.
By pursuing a personal injury claim, you may be able to recover compensation for the insurmountable expenses caused by the accident. Recovering these funds is crucial to rebuilding your life and covering any ongoing care.
How Long Do You Have To File A Claim?
When filing a truck accident claim, timing is just as critical as the evidence you collect. Both New Mexico and Texas have strict statutes of limitations on how long you have to file a personal injury lawsuit.
In Texas, the deadline is generally two years from the date of the truck accident. If you do not file a lawsuit within this window, the courts will almost certainly dismiss your case. This will cause you to lose out on recovering any compensation.
In New Mexico, victims typically have a bit more time. The state has a standard three-year statute of limitations for personal injury claims starting from the date of the crash. However, if your claim involves a government-owned vehicle or entity, that window shrinks to two years, and you must file a formal notice of claim within 90 days.
Commercial trucking companies and their insurance providers usually begin building a defense immediately after an accident. Waiting until these deadlines approach can cause you to lose crucial evidence, such as electronic logging data and dashcam footage. The sooner you consult a personal injury lawyer to get started on your claim, the better.
How We Can Help You
When you choose the lawyers at MIJ to represent you in your trucking or motor vehicle accident case, you can expect:
- Compassionate and professional legal guidance
- Thorough investigation of all aspects of your accident
- Identifying liable parties and applicable insurance coverage
- Aggressive negotiation with insurance companies
- Zealous representation in court, if necessary
We believe in fighting for those without a voice, and we’re committed to helping you seek justice and to recovering the compensation you deserve.
Frequently Asked Questions About Truck Accidents In El Paso
A truck accident can upend your life in an instant. It is only natural to have a lot of questions. Here are answers to some that we hear most frequently.
What is the statute of limitations for truck accidents in Texas?
The statute of limitations, which controls how long you have to file a lawsuit, is just two years from the date of your truck accident. The purpose of the statute of limitation is to make sure that cases are adjudicated while evidence is still fresh.
How much is my truck accident case worth?
Every claim is different. You are generally entitled to compensation for both your economic and non-economic losses. Economic losses are those that can be quickly quantified, such as the cost of your damaged property, your medical bills and your lost wages. Non-economic losses are those that are harder to calculate, such as your pain and suffering and the impact any long-term injuries may have on your enjoyment of life. The more significant your injuries and the more clearly the fault lies with the other party, the larger the value of your claim.
How is fault determined in a truck accident?
“Fault” is largely based on each party’s negligence. Negligence can be shared by multiple parties – and it often is in truck accident claims. The truck driver, the trucking company, the truck’s manufacturer, the loading company and others may all share in liability. Fault can be complicated to assign, and a determination relies on evidence such as driver’s logs, “black box” data from vehicles, witness statements, video records, maintenance records and more. It takes a skilled attorney to look at all angles, gather the appropriate evidence to support a claim, and determine where the fault lies.
Why do I need a truck accident lawyer?
Truck accidents are usually far more devastating to victims than ordinary car accidents, so the money amounts involved are significantly higher. The trucking companies and their insurers will seek to limit their losses at every turn. You need a skilled attorney to protect your interests and fight for fair compensation.
Contact Our Trucking Accident Attorneys Today
Our free consultations are available to clients throughout West Texas, New Mexico and beyond. Contact us today at 915-289-0020 or fill out our online contact form to schedule your consultation. Let us be your advocate during this challenging time.