El Paso Truck Accident Lawyers

Many people mistakenly think that a semi-truck accident is like other types of traffic accidents. However, that couldn’t be further from the truth. These large trucks can weigh 30 times as much as a standard passenger vehicle, which is why passenger vehicle occupants are typically severely injured.

They are also complex claims to resolve as specific federal regulations and laws apply to the trucking industry. It would help if you had an experienced El Paso 18-wheeler accident lawyer who understands all these applicable laws and regulations.

El Paso, TX Truck Accident Statistics

As the trucking industry expands, you’ll find more large trucks on the road. More trucks on El Paso roads mean a higher risk of deadly accidents.  In 2023, Texas recorded approximately 9,244 commercial motor vehicle (CMV) crashes; fatal crashes accounted for around 1.43%. Looking further back, according to the Texas Department of Transportation, 32,562 commercial vehicles were involved in accidents across the state in 2020.

When you look at El Paso specifically, there was a total of 778 commercial vehicle accidents in 2020. The breakdown is as follows:

The breakdown is as follows:

• 7 fatal crashes,
• 8 fatalities,
• 10 suspected serious crashes,
• 11 suspected serious injuries,
• 55 non-incapacitating injuries,
• 77 non-incapacitating crashes,
• 86 possible injury crashes,
• 117 possible injuries.
• 610 non-injury crashes,
• 1828 non-injuries,
• 10 Unknown severity crashes, and
• 76 Unknown injuries.

These account for all commercial vehicles, not only large trucks. However, it’s important to point out that only four counties exceed El Paso in the total number of commercial vehicle crashes in 2020. According to ValuePenguin, Interstate 10 is the fifth most dangerous highway in the country.

How Our El Paso Truck Accident Lawyer Can Help You

Hiring an experienced El Paso truck accident lawyer is one of the most important steps you can take after a crash.

At Tawney, Acosta & Chaparro P.C., we do more than just file claims. Our attorneys personally

investigate every case and work with accident reconstruction specialists, medical professionals, and financial experts to build strong, evidence-based arguments. We understand how trucking companies and insurers operate, and we fight back when they try to shift blame or undervalue your losses.

We help clients across Texas by:

• Gathering and preserving evidence before it disappears or gets altered;
• Identifying all potentially liable parties and insurance policies;
• Calculating current and future damages for medical bills, lost wages, and suffering;
• Negotiating with insurance carriers on your behalf; and
• Taking the case to trial if insurers fail to offer a fair settlement.

You don’t pay unless we recover compensation for you. We’re always available to explain your rights, answer your questions, and support you throughout the process.

Why Truck Accident Cases Are More Complex Than Car Accident Claims

Truck crashes differ from car wrecks in several important ways:

• Stricter regulations. Truck drivers and companies must follow detailed federal safety rules, such as hours-of-service limits and mandatory vehicle maintenance standards.
• Multiple liable parties. In addition to the truck driver, the employer, maintenance provider, loading company, or even a parts manufacturer may share responsibility.
• Stronger legal teams. Commercial carriers often have their own defense attorneys and insurers working to minimize payouts.
• Greater damages. Injuries in truck accidents are usually more severe, which means higher medical costs and settlement stakes.

An experienced trucking accident attorney can navigate these complexities and build a strong case.

Do You Have a Valid El Paso Truck Accident Claim?

Proving fault in a semi-truck accident is crucial. If you cannot show the other driver was at fault for your injuries, you will not be entitled to collect any compensation.

Filing a claim with the truck driver’s insurance is simply not enough. Our El Paso truck accident lawyers will build a strong case and gather the evidence necessary to prove the truck driver’s negligence.

Some of the ways we can help include gathering:

• Truck driver’s “black box” data,
• Driver’s logbooks,
• Truck maintenance records,
• Truck inspection reports,
• Eyewitness testimony,
• Photographic evidence, and
• Police reports.

In Texas, you need to show the other driver’s negligence was greater than your own. As a modified comparative negligence state, Texas allows you to collect a portion of your damages, even when your actions may have contributed to the collision.

For example, if a jury finds you 40% responsible, you could collect 60% of your damages. If your negligence is 51% or higher, however, the law will bar you from any recovery.

Common Injuries After a Truck Accident

The damage can be life-changing when an 18-wheeler crashes into a passenger vehicle.

Some of the most common injuries include:

• Traumatic brain injuries (TBI),
• Spinal cord damage,
• Broken bones,
• Internal injuries, and
• Severe burns or disfigurement.

Always seek medical attention, no matter how “minor” your injuries seem. Some conditions take hours or days to develop fully and could worsen without treatment.

Common Causes of El Paso Truck Accidents

Truck collisions can occur for many reasons.

Some of the most common causes of large truck collisions in El Paso include:

• Distracted driving, such as texting, looking at a GPS, eating, changing the radio station, and more;
• Traffic offenses such as speeding or running a stop sign or red light;
• Inexperienced drivers;
• Driver fatigue from too many hours on the road;
• Driving under the influence of alcohol, prescription drugs, over-the-counter medication, or illegal drugs;
• Defective products such as brakes and tires; and
• Failure to inspect the truck before starting a trip.

It’s not uncommon to see truck accidents involving more than one of these factors. For example, a truck driver may be speeding with defective brakes. When they try to stop, the truck’s brakes do not respond, causing the driver to hit several other vehicles in front of them.

Who May Be Liable in a Truck Accident?

Truck accidents often involve multiple parties beyond just the driver. Liability depends on who contributed to the crash and whether negligence played a role. Determining fault requires thoroughly investigating contracts, maintenance records, employment relationships, and crash scene evidence. Below are common parties that may be held responsible.

Truck Driver

A driver can be liable if their actions, such as speeding, distracted driving, or violating rest regulations, directly caused the crash. Evidence like dashcam footage, logbooks, or cell phone records can help show whether they acted negligently or violated federal trucking regulations.

Trucking Company

Trucking companies may be liable if they failed to properly vet drivers, pressured employees to violate safety rules, or neglected vehicle inspections. Under respondeat superior, they are often responsible for their drivers’ actions when performed within the scope of employment. Independent contractor classifications can sometimes be challenged based on the control exerted by the company.

Cargo Loaders

When improperly loaded or unsecured cargo contributes to an accident, the company responsible for loading the trailer may be at fault. Shifting cargo can unbalance a trailer, cause rollovers, or create hazards if it spills onto the roadway. These cases often require inspection of cargo records and weight documentation.

Vehicle or Parts Manufacturer

Under product liability laws, the manufacturer may be liable if a truck’s mechanical failure is due to a manufacturing defect, such as faulty brakes, tires, or steering systems. These claims require expert analysis and must prove the defect existed before it left the manufacturer’s control.

Maintenance Providers

Trucking companies frequently outsource routine maintenance. A mechanic might share liability if they performed substandard work or overlooked critical issues. Inadequate brake service, tire replacements, or inspections can all lead to preventable accidents.

Each potentially liable party has its own insurer and legal team, making truck accident claims especially complicated. A skilled El Paso truck accident attorney will investigate thoroughly to ensure all responsible entities are held accountable.

Types of Damages You Can Receive in an El Paso Truck Accident

Available damages in a truck accident will vary based on the individual circumstances of your case. Severe and catastrophic injuries are not uncommon with these types of collisions.

Our El Paso truck accident lawyers understand the severity and range of damages you can sustain in a truck accident. We will work tirelessly to fight for the compensation you are owed in an accident.

Some of the more common damages you could be entitled to include:

• Medical expenses to date;
• Future medical treatment;
• Vehicle property damage;
• Lost wages to date;
• Future loss of earning capacity;
• Disability and disfigurement;
• Loss of cognitive ability;
• Pain and suffering; and
• Loss of enjoyment of life.

The amount of compensation you are entitled to will vary based on the type and severity of your injuries. No two truck accident cases are exactly alike. If you sustained moderate injuries that healed in three to four months, your case would be worth less than the case of someone who has permanent damage such as paralysis or a traumatic brain injury.

Your attorney will help you understand what type of damages you’re entitled to and your potential case value.

In cases involving malice or gross negligence, the court might award punitive damages. Punitive damages send a message to the defendant to “punish” them and deter them from similar behavior in the future.

Like several other states, Texas has a cap on punitive damages. You can collect the greater amount of $200,000 or two times the amount of your economic damages plus an equal amount of noneconomic damages, up to $750,000.

Key Texas Truck Accident Laws

Understanding the legal framework in Texas is essential to protecting your rights. Here are two important principles that affect every case.

Texas Is a Fault-Based Insurance State

Texas follows a traditional fault-based auto insurance system. The person or entity who caused the crash is financially responsible for the harm they caused. If a negligent truck driver injured you, you can file a claim against the at-fault driver’s or company’s insurance provider, or pursue a personal injury lawsuit directly.

Texas Uses Modified Comparative Negligence

In Texas, injured parties can recover compensation even if they are partially at fault, as long as their percentage of responsibility is 50% or less. However, the total damages are reduced based on your percentage of fault. For example, if you’re awarded $100,000 but found 30% responsible, you’ll receive $70,000.

This rule makes it critical to have an El Paso commercial vehicle accident attorney who can present strong evidence and challenge any unfair attempts to blame you for the accident.

Statute of Limitations

Like other types of personal injury claims, those based on El Paso truck accidents are subject to a statute of limitations. That means you have only a certain amount of time to file a lawsuit; otherwise, your claim will be barred.

In most cases, the statute of limitations in truck collisions is two years. That means you have two years from the date of your accident to file a lawsuit. If you miss the deadline, the court will likely dismiss your case, and you will not be able to proceed.

If you are in the midst of settlement negotiations with the insurance company and the limitations period runs out, the same issue applies. The insurance company is under no obligation to continue settlement negotiations if you did not meet the legal deadline. The release of all claims must be signed and back to the insurance adjuster before the deadline for your settlement to be valid.

The two-year rule doesn’t necessarily apply in all large truck accidents. There may be particular circumstances that change the statute of limitations. It could be a longer timeframe, or it could be less. That is one reason why contacting an El Paso 18-wheeler accident lawyer is so important.

Steps to Take After a Truck Accident in El Paso

What you do after a crash can affect your health and your claim. If you can do so safely, follow these steps:

Call 911 and Report the Crash

Always report the collision and request medical help. The police report provides essential documentation of what happened.

Seek Immediate Medical Care

Even if you feel “fine,” see a doctor right away. Adrenaline can mask symptoms, and delayed treatment may hurt your claim.

Document the Scene

Take photos or videos of vehicle damage, road conditions, injuries, and anything else relevant. Get contact information for the truck driver, witnesses, and responding officers.

Avoid Speaking With Insurance Adjusters Alone

Insurance companies are not on your side. They may try to get you to admit partial fault or accept a lowball offer. Let your El Paso semi truck accident lawyer handle communications instead.

Contact a Big Rig Accident Attorney

The sooner you contact Tawney, Acosta & Chaparro P.C., the better we can protect your rights. Early intervention helps preserve evidence, track your damages, and avoid costly mistakes.

See what our clients have to say about our services:

Benefits of Hiring an El Paso Commercial Truck Accident Lawyer

There are numerous benefits of working with an experienced El Paso commercial truck accident lawyer rather than attempting to handle your claim independently. Working with our legal team ensures you have access to the best legal skills and resources necessary to protect your rights.

We will start by opening our own independent investigation to gather evidence and determine liability. We will obtain police reports, speak with witnesses, conduct a scene investigation, and more. If necessary, we will hire an accident reconstructionist who can determine how the accident occurred.

You will not be obligated to speak with the other insurance company when you have an attorney representing you. That means we will handle all communications with the trucking company and their insurance. It would be best if you were focusing on your recovery, not the stress of your claim. That is only possible when you have the benefit of experienced negotiators on your side.

Insurance companies know that accident victims don’t have the legal knowledge and negotiating skills that attorneys do. They will try to use that to their advantage to extend a lowball settlement offer or deny your claim entirely.

We won’t allow an insurance company to mistreat you. If the company unfairly denies your claim or refuses to negotiate in good faith, we have the skills and resources to take your case to trial if necessary.

Catastrophic injury accidents have their own complications that require an attorney with specialized experience. These cases involve a significant amount of treatment that typically extends for years, very high medical expenses, and permanent disability and disfigurement.

Many victims cannot return to work for an extended period, or they may be unable to return to work ever. Attempting to handle a claim independently means you could receive far less than your case is worth.

Contact Our El Paso Truck Accident Lawyers Today

If you or someone you love is suffering from injuries sustained in an El Paso truck accident, you don’t have to deal with the insurance company or trucking company on your own. Let the knowledgeable and professional team of El Paso truck accident lawyers at Tawney, Acosta & Chaparro P.C. assist you.

We have years of experience helping El Paso victims just like you. We understand the federal regulations that apply in these collisions and have a successful track record of recovering compensation for our clients. To learn more about how we can help you, contact our office online or call (575) 222-1000 today to schedule a free, initial consultation.

FAQ’s

Can I Sue If the Truck Driver Was an Independent Contractor?

Yes, but you may also have a claim against the trucking company if it exerted control over the driver’s work or failed in its duty to vet contractors properly. A lawyer can evaluate the relationship and determine the best path forward.

What if a Truck Without Trailer Cargo Hit Me?

The vehicle is still considered a commercial truck even if a trailer wasn’t attached. You may still be eligible to file a claim against the driver or their employer.

How Long Will My Case Take?

Every case is different. While some truck accident claims settle within a few months, others may take a year or more depending on severity, liability disputes, and whether the case goes to trial. Your El Paso truck accident attorney can give you a better estimate based on your unique situation.