El Paso Truck Accident Lawyer

Accidents involving commercial vehicles are among the most complicated cases that personal injury lawyers handle. Fortunately, you can get professional help from an El Paso truck accident lawyer from our team at the Zinda Law Group.

If you or a loved one have been in a truck accident, contact us by phone or through our website for a 100% free case evaluation with one of our experienced El Paso personal injury lawyers. We can help you handle a complex truck accident case to seek maximum compensation. 

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Why Are Commercial Truck Accident Claims Challenging?

Truck accidents often involve parties beyond the truck driver and the other vehicle. These claims usually involve multiple insurance companies, the truck driver, the truck owner or the truck driver’s employer, and sometimes even the company that manufactured the commercial vehicle.

Truck accidents are far too common. Compared to the average car, trucks are bigger and more challenging to maneuver safely, leading to a disproportionate number of crashes.These types of accidents also often result in more fatalities and more severe injuries than other types of motor vehicle crashes. 

That’s why it’s essential to work with an experienced truck accident attorney you can trust in the event of an accident.

Do You Have a Truck Accident Claim?

If you’ve been in a wreck with a truck, you may be wondering if you have a case. Some factors to consider are:

• Were you injured in a collision?
• Do you need medical treatment?
• Did someone else cause the crash?
• Did you miss work due to the accident?
• Are you experiencing a reduced quality of life or have your activities been limited due to the truck wreck and resulting injuries?

Even if you’re unsure how to answer one or more of these questions, you can contact a truck accident attorney from our firm for a no-risk free consultation. 

For a free legal consultation with a truck accident lawyer, reach out to our team. We can answer your questions about the legal process and help with all aspects of your personal injury claim as we focus on bringing you maximum damage for your financial losses. 

What Compensation Will You Get After a Truck Accident?

Many factors affect the amount of compensation that can be recovered by victims of truck driving accidents. In most cases, truck accident victims have suffered a wide range and different types of damages. However, identifying all the damages that may apply to your claim is an essential step to help you receive the maximum recovery for your accident claim.

After a truck crash, a truck accident lawyer in El Paso, TX, can help you work through these complicated facts and issues to claim the maximum value for your injuries. 

Damages or expenses that a truck accident lawyer may help you recover include:

Medical Expenses

Medical damages account for the costs of diagnosing and treating any injuries you suffered from the truck accident, including the cost of hospital or emergency room visits, specialist consultations, surgeries, physical therapy, other physical and mental health treatments, and medications.

The court may also award future medical expenses in some cases if you require them for your recovery. Truck accidents often cause catastrophic injuries like: 

• Broken bones and fractures
• Traumatic brain injuries (TBIs)
• Spinal cord injuries (SCIs)
• Internal injuries 
• Burns and cuts 

An experienced attorney can track all your healthcare expenses after a crash. 

Property Damage

Compensation for property damage covers the cost of repairing or replacing property damaged in the accident. If your vehicle sustains damage beyond repair, you may be compensated based on its fair market value.

Lost Income

If you missed work due to your truck accident injuries, you may be able to receive compensation for lost wages. We hold negligent parties responsible for these losses after a truck collision. 

Loss of Earning Potential

If you cannot return to your job due to a truck accident, you may be able to claim damages for loss of earning potential.

Pain and Suffering

You may be able to receive compensation for any physical and psychological pain you experienced as a result of your injuries from a truck accident. An experienced truck accident lawyer can help you get funds for your emotional distress and other mental or emotional consequences of the accident. 

Punitive Damages

The court system sometimes awards punitive damages after a truck accident. These damages serve to punish negligent parties for their actions that contributed to causing or worsening the severity of motor vehicle accidents. You can learn more about this with a truck accident attorney in El Paso, TX.

Wrongful Death

If you have lost a loved one due to a truck accident, you may be able to file for wrongful death damages, such as loss of consortium or loss of earning potential. You can learn more about this with an El Paso wrongful death lawyer. We’ll provide you with the compassionate advice you need in this situation. 

What to Do After a Truck Accident?

Are you wondering what to do after a truck accident? You can take various steps after an accident to help improve your odds of recovering the compensation you need and deserve. We recommend that you:

Seek Medical Attention

It is crucial to seek medical attention immediately after a truck accident. Even if no injury is apparent, you may still be injured and should seek medical care as soon as possible.

By immediately seeking diagnosis and treatment of your injuries from a qualified medical professional, you not only secure necessary medical help, but you can also ensure documentation of your injuries and their subsequent treatment.

Report the Truck Accident

Once you have sought medical attention, you should report the accident to the proper authorities. Depending on where the crash occurs, this may be local police, sheriff, or highway patrol.

They will respond to the accident, offer assistance where needed, take statements from any present witnesses, and complete an accident report that documents the details of the accident.

Document the Truck Accident

After a truck accident, you should document as much evidence surrounding the collision as possible. If you are able, take photos of the injuries you have received. You should also take pictures of any damage done to your vehicle, as well as of the entire accident scene. If you or anyone else in the area may have video or dashcam footage of the accident, this can be a very important piece of evidence.

You should get the contact information of anyone who may have witnessed the accident.

Contact an El Paso Truck Accident Attorney

After a truck accident, you should contact an experienced El Paso truck accident attorney as soon as possible. By consulting an accident attorney quickly, your lawyer can begin investigating the accident right away while the evidence is still fresh and readily available.

Your attorney will work to discover who was liable for the crash and explain how a truck accident case works. 

Who Is Liable for Your Truck Accident?

A variety of parties could be legally at fault (could be liable) for your accident. Depending on the details of your case, some of the most commonly at-fault parties include:

Truck Drivers

The truck driver involved in the accident may be liable if their negligent behavior led to the accident, such as driving while under the influence of drugs or alcohol, distracted driving (such as using a cell phone), or fatigued driving. Our law firm can investigate the truck driver’s actions to see if they’re responsible for your losses. 

Trucking, Shipping, and Cargo Companies

In some cases, the company that owns the truck may be liable. A company may be at fault for an accident if:

• It failed to perform proper maintenance of the truck or its equipment
• It loaded the truck improperly
• It placed unsafe expectations on the driver, resulting in driver fatigue
• It failed to properly train drivers 
• It failed to check the past driving record of the drivers it employed

We can help after an accident caused by any of these negligent actions. 

Government Agencies

If the accident was caused by poor road conditions due to improper care of the roadway, whether through poor maintenance, poor construction, or poor design, the government entity responsible for that roadway may be liable.

You can learn more about who is liable after a truck accident with a personal injury attorney. 

Proving Truck Driver Negligence

An experienced lawyer must establish negligence to bring you compensation after a crash. To prove negligence by the truck driver, your truck accident attorney must prove four elements.

Duty of Care

In a truck accident case, the truck driver generally has a duty of care to others on the road to operate the truck safely and lawfully.

Breach of Duty

Your attorney must prove the driver negligently breached this duty of care, such as by failing to follow the rules of the road, driving fatigued, distracted, or under the influence, or by failing to properly maintain the truck and its equipment.

Damages

The victim of the accident must be able to prove that they suffered damages, which may include physical, emotional, and property damages.

Causation

Finally, you must prove the driver’s breach of duty is what caused, or partially caused,your damages.

Modified Comparative Negligence in Texas

When pursuing damages after a truck accident, you must know that Texas uses a modified comparative negligence rule. Under this rule, multiple parties can share in the fault for an accident.

However, being partially responsible for the crash will not necessarily prevent you from recovering compensation. As long as your level of fault is 50% or less, you may still be able to recover for your damages. The court reduces the amount of money you could receive in proportion to your level of liability.

For example, if you were 40% to blame for the crash, you would only be able to recover 60% of the full value of your claim. In this example, if your case is worth $100,000, the maximum you can recover is $60,000.

How to File a Truck Accident Lawsuit in El Paso

There are several steps in the process of filing a truck accident lawsuit and recovering the compensation you need and deserve. Attempting to recover the damages you are entitled to on your own is unlikely to yield favorable results.

Call a Truck Accident Lawyer

Truck accidents can cause serious injuries, resulting in costly medical bills and severe damage to other vehicles. To ensure you can seek the compensation you may be entitled to, it is critical that you call and consult with an El Paso truck accident lawyer as soon as possible.

An experienced semi-truck accident lawyer can immediately begin investigating the collision and gathering evidence surrounding the crash that is needed to entitle you to recover for your damages.

Let Us Investigate

Once you have secured the services of a truck accident attorney, they will investigate the accident, seeking to determine the facts and gather evidence to determine who is liable and whether negligence may have been a factor.

Early truck accident investigations are critical because they boost the strength of your claim. 

A personal injury attorney will collect police reports, photos, witness statements, if available, and documentation of your injuries and property damage. We can explain how fault is determined in a truck accident. 

Focus on a Case Settlement

With the facts and information gathered during the investigation, your attorney can begin negotiating a settlement with the insurance company. Your lawyer will present your claim to the insurer, along with any evidence that may help to prove liability or negligence.

How long does it take to negotiate an injury settlement? This negotiation usually involves your attorney and the insurer until both parties agree on a settlement. Will your truck accident case go to trial? If we can’t bring you a settlement, the case may go to trial. 

What Types of Types of Truck Accident Claims do We Handle?

We’ve helped clients with all types of truck accident claims. Some of the common ones include:

Wide-Turn Accidents

Large trucks making a right turn will often swing left to do so, sometimes resulting in a vehicle to the right of the truck getting caught between the truck and the curb.

Brake-Failure Accidents

If a truck’s brakes are not properly installed, maintained, or replaced as needed, they can fail, preventing the truck from slowing down or stopping.

Jack-knife Accidents

When a truck driver is speeding and suddenly brakes, it can result in the driver losing control of the truck, with the trailer dangerously turning at a 90-degree angle in relation to the cab of the truck.

Tire-Blowout Accidents

The size and weight of large trucks mean a tire blowout can be much more challenging for the driver to manage and may result in the driver losing control of the vehicle.

Rollover Accidents

Rollover accidents can occur when a semi-truck climbs or descends a steep incline at a high speed, causing the truck or trailer to roll over.

Shifting-Load Accidents

When a truck’s cargo is loaded improperly, it can shift during travel, and this weight shift can cause the driver to lose control of the vehicle.

Blind-Spot Accidents

Blind spots are areas around a vehicle that a driver cannot see. Due to the size of semi-trucks, these blind spots are much larger than those in passenger vehicles.

Under-Ride Collisions

Under-ride collisions occur when an automobile collides with the rear of a truck in which the trailer’s underside is higher than the car, causing the smaller vehicle to go under the trailer.

T-Bone Collisions

T-bone collisions occur when a truck impacts the side of a passenger vehicle. These accidents are common at intersections, especially if the truck driver has run a stop sign or red light.

Rear-End Collisions

Drivers failing to accurately judge the distance required to stop or adequately reduce speed to avoid colliding with the vehicle in front of them often cause rear-end collisions. Trucks need more time and distance to safely slow down or stop with their heavy loads.

Head-On Collisions

Head-on collisions occur when a truck collides with the front of a vehicle traveling in the opposite direction. These collisions can happen when a truck drives the wrong way down a highway or drifts across the lane into oncoming traffic.

Motorcycle-Truck Accidents

The difference in size between small motorcycles and large trucks can make it difficult for truck drivers to see and account for motorcyclists on the road. An accident can result if a truck driver fails to notice a motorcyclist in their vicinity.

What Types of Trucks Cause Accidents in Texas?

Any large commercial vehicle could end up in a crash. An experienced lawyer can help you after a collision with a tractor-trailer or semi-truck. We also assist with accidents involving:

• Garbage trucks
• Tow trucks
• Cement trucks
• Tanker trucks
• Box trucks
• Refrigerator trucks
• Flat trucks

The above list contains examples of commercial vehicles we commonly see on the road. You can contact us after any collision to get specific help for your situation. 

What Are Common Causes of El Paso Truck Accidents?

Many of the truck accidents in the El Paso area occur on busy commercial routes such as U.S. Route 54, Interstate 25, and Interstate 10 and may be caused by:

Speeding and Reckless Driving

Any kind of reckless driving may cause a crash. Dangerous activities include speeding, not slowing down in work zones or in dangerous road conditions, such as rain or fog, as well as reckless behavior, such as weaving in and out of traffic, passing where it is unsafe or unlawful to do so, or even drifting across lanes haphazardly.

Driver Fatigue

Truck drivers have to travel great distances to deliver their cargo as quickly as possible, which can lead to some drivers going too long without rest and failing to pay proper attention to the road and the vehicles around them.

Substance Abuse

Along with alcohol and illegal drugs, legally prescribed drugs and medications can also interfere with a truck driver’s ability to drive safely, even if prescribed.

Distracted Driving

Using mobile devices, eating while driving, looking for items within the truck, and interacting with passengers are all dangerous distractions that can cause a driver to lose focus and cause an accident. An El Paso truck accident lawyer can help with these crashes. 

Worn or Punctured Tires

Truckers must monitor their tires for wear and replace them promptly if they see signs of damage. Worn tires can decrease traction, especially on wet or icy roads. Worn and punctured tires, if not repaired or replaced, can also cause a blowout while the truck moves.

Malfunctioning or Non-functional Lighting

Drivers have drastically limited vision at night. If a truck’s rear or sidelights are not working correctly, it can be more challenging to see at night or in other low-visibility environments, such as fog.

Other drivers can also have difficulty accurately determining a truck driver’s intentions due to issues with brake lights or turn signals.

We use our extensive experience to help injured parties after truck accidents with a wide range of causes. You can rely on us to file the responsible party and hold them accountable for their dangerous actions.

How Long do You Have to File a Truck Accident Claim?

The statute of limitations for personal injury cases is a time limit on how long you have to make your claim for compensation after your accident. In Texas, it is two years from the date of the accident.

In cases involving minors (those under 18), the time limit imposed by the statute of limitations is tolled and may not begin until the child has turned 18 and becomes a legal adult. In wrongful death cases, the statute of limitations is two years from the date of death.

It is critical to consult an attorney as soon as possible to ensure you can file your claim before this time limit expires, as most cases presented after the statute of limitations has expired will not be successful.

Truck Accident Statistics to Know After a Crash

The National Highway Traffic Safety Administration (NHTSA) reports that in 2021, over 5,788 people died, and 154,993 were injured nationwide in accidents with trucks.

The Texas Department of Transportation (TxDOT) also reports on truck accidents in the state. In 2020, there were 580 truck accident deaths in Texas. Eight of those truck accident deaths occurred in El Paso. TxDOT reported 705 fatalities in the state in 2021, and 17 occurred in El Paso County.

Why Choose Zinda Law Group After a Collision?

Our team of honest and aggressive injury attorneys will fight to help you get the compensation you need to get back on your feet. We offer free consultations 24/7 and never collect a fee unless we win your case, so there is no risk in contacting us.

Our El Paso truck injury lawyers have helped clients just like you collect fair compensation for their losses. At Zinda Law Group, we can help you determine if you have a case and the best course of action moving forward.

Our injury lawyers can answer any questions you have concerning a truck accident. Don’t wait to see if the liable party’s insurance carrier will “make things right.”

What Do We Charge for Truck Accident Claims?

Our team handles truck accident cases on a contingency fee basis, so you’ll only have to pay legal fees after we recover compensation. Contact us now for a risk-free consultation to discuss a claim against a trucking company, truck driver, or another motorist. 

Take Charge with an El Paso Truck Accident Lawyer

Protect yourself and consult an El Paso truck accident lawyer after a collision. Our team at the Zinda Law Group will put you first and represent your best interests after a trucking accident. We’ll use our combined experience to guide you through the legal system. 

Learn more by calling or completing our online contact form.