El Paso 18-Wheeler Accident Lawyer

Few types of collisions are as devastating as those involving 18-wheelers. Commercial trucks weigh considerably more than other vehicles on the roadways, making them one of the most formidable trucks you can come into contact with. It is not unusual for injury victims to endure debilitating injuries as a result of these collisions.

Fortunately, with help from a reputable El Paso 18-wheeler accident lawyer at Zinda Law Group, you can get through these difficult times. We are prepared to conduct a comprehensive investigation into the cause of your trucking accident so we can ensure the liable party compensates you fairly for your losses. Connect with a highly experienced El Paso truck accident lawyer when you contact our office to request a 100% free consultation.

The Prevalence of Truck Accidents in El Paso

Accidents occurred most often during the hours of 1 PM and 6 PM, which is considered the “rush hour.” Rear-end collisions were the most common type of motor vehicle accident and accounted for nearly 4,900 of the total number of collisions. El Paso saw almost 4,800 injuries and 32 fatalities in 2021. Examining this data is essential if your El Paso personal injury lawyer hopes to reduce the number of injuries and deaths in the city.

According to the Texas Crash Records Information System, commercial truck accidents and motor vehicle wrecks, in general, are major causes of concern across El Paso. In 2021, El Paso’s population was approximately 700,000, and it saw close to 13,700 motor vehicle accidents. This figure does not include the number of bicycle or pedestrian accidents.

Records show that over 800,000 commercial trucks traveling across Mexico and the United States pass through El Paso’s port of entry each year. These areas are highly congested, which increases the likelihood of negligent driving and collisions. Of the 19,150 total traffic collisions in 2021, commercial truck accidents accounted for 794.

Do Not Get Stuck Covering the Costs After a Truck Accident that Was Not Your Fault

Your 18-wheeler accident attorney in El Paso, TX, will work to ensure you get the justice you deserve. At-fault parties should be expected to compensate injury victims for their damages in full. Unfortunately, far too many negligent parties refused to accept responsibility for their actions.

When this happens, you may need to be prepared to take legal action against them. You can demand full repayment of your compensatory damages. Here are some of the most common types of economic and non-economic damages awarded in 18-wheeler accident claims:

Lost Wages

One of the most important types of damages you may need to include in your truck accident claim is your loss of income. If you need to take any amount of time off of work, you are entitled to compensation for your lost wages. However, it is also important to consider how your injuries will continue to affect your ability to earn a living.

If your condition is so severe you will not be able to return to work or will need to go back to school so you can re-enter the workforce in another field, you may have the right to compensation for reduced earning potential. Additionally, you have the right to be repaid for your loss of employee benefits. If your company was contributing to your retirement savings accounts, providing you with health insurance coverage, or you had to sacrifice your paid time off because of the accident, these damages can be included in your 18-wheeler accident claim.

Medical Bills

There is no reason you should be stuck covering your medical bills if someone else is responsible for causing your injuries. The cost of healthcare in the United States is extremely high, according to the Peter G. Peterson Foundation. Even minor injuries can be expensive and leave injury victims with tens or even hundreds of thousands of dollars in debt. Some examples of medical expenses that you can demand in your truck accident case include:

• Prosthetic limbs
• Ambulance bills
• Hospital fees
• Prescription medications
• Co-pays
• Treatment
• Rehabilitation
• Mental health counseling
• Diagnostic imaging fees
• Physical or occupational therapy
• Medical devices, such as pacemakers or wheelchairs
• Medical accommodations
• Future healthcare expenses

Pain and Suffering 

Not all losses are monetary. The emotional distress and mental anguish you experience after being involved in a traumatic event should not be discounted. When we calculate the value of your personal injury claim, you can rely on us to ensure we are taking into account every single way your life has been impacted by your injuries and the accident that caused them.

Pain and suffering are intangible and can affect injury victims at varying levels. Not only are we referring to the physical pain you experience due to your injuries, but the various ways your life has been impacted. For example, if you are no longer able to run marathons, you may feel depressed and devastated that you can no longer participate in activities you previously loved.

The At-Fault Party Should Compensate You in Full for Your Damages 

The individual or entity responsible for causing your commercial truck accident should also compensate you for your damages. It is not unusual for multiple parties to share liability in truck accident claims. Our comprehensive investigation into the cause of your collision will be revealed.

Trucking Company Negligence

Trucking companies are frequently named in commercial truck accident lawsuits and insurance claims. Not only are truck companies responsible for their truckers, but they are also liable when they fail to properly care for their big rigs. Some examples of trucking company negligence could include:

• Failure to conduct due diligence
• Failure to drug test potential truckers
• Failure to make necessary safety repairs
• Encouraging truckers to violate Federal Motor Carrier Safety Administration (FMCSA) rules and regulations regarding work hours under 49 CFR 395 or weight restrictions according to the Federal Highway Administration (FHA) Compilation of Existing State Truck Size and Weight Limit Laws
• Failure to conduct safety inspections

Suing a Truck Driver

Truck driver negligence is one of the most common causes of 18-wheeler accidents, according to the FMCSA. Truck drivers are held to a higher standard than other motorists and are required to carry a commercial driver’s license (CDL) per the Texas Department of Public Safety. Negligent driving could take many forms, including:

• Drunk driving
• Distracted driving
• Failure to conduct safety inspections
• Following too closely
• Driving while impaired by drugs
• Driving while fatigued
• Failure to adhere to FMCSA rules and regulations
• Road rage
• Making unlawful turns
• Driving on a restricted roadway

Other Potentially Liable Parties 

It is not only truck drivers and trucking companies that can be found culpable in 18-wheeler accident claims. Our investigation may determine alternative parties share responsibility for your accident. Some of these parties could include:

• Dram shops in violation of Tex. Alc. Bev. Code §2.01 for supplying alcohol to a truck driver who was already visibly intoxicated
• The Texas Department of Transportation or the city of El Paso for failing to maintain the integrity and safety of the roadways
• Auto parts manufacturers and distributors introducing faulty or defective parts to consumers
• Safety inspectors and maintenance technicians for failing to conduct safety inspections

Ways You Can Demand Justice

It is going to be essential to take advantage of every potential opportunity for justice that comes your way. In most cases, truck accident claims involve negotiating with the at-fault party’s insurance company or bringing your case to trial. While you might have hoped to avoid going to court, having your case heard by a judge and jury is one of the best ways to maximize your settlement.

Claims with the Insurance Company

Texas follows a fault-based insurance system according to the Transportation Code Chapter 601. Motor Vehicle Safety Responsibility Act. This means after you have been involved in a truck accident, the liable party will be expected to compensate you for your damages. To do this, you will begin by filing a claim against their insurance policy.

All motorists in Texas are required to carry auto insurance coverage. This means the truck driver should have insurance in place that offers compensation for certain types of covered losses. However, if the liable party is underinsured or uninsured, it may not be enough to fully meet your needs.

When this happens, it is time to have your 18-wheeler accident lawyer in El Paso with Zinda Law Group step in and negotiate on your behalf. We will do everything in our power to ensure the insurance company is held accountable in your case. Unfortunately, it is not unusual for insurance settlements to be lacking, even when the insurance company pays out the maximum amount allowable on the claim.

Personal Injury Lawsuits 

The good news is that filing a claim with the insurance company is not the only way to recover compensation after an accident. When insurance is not enough, or the at-fault party is uninsured, filing a personal injury lawsuit may be your next best option. You do not need to deal with the same restrictions that come with insurance claims when you file a lawsuit.

You have the right to be made whole when someone else’s negligence turns your life upside down. Fortunately, there is no cap on the amount you can be awarded in economic and non-economic damages. However, there is a cap of $200,000 or the total value of your economic and non-economic damages up to $750,000 for punitive damages per Tex. Civ. Prac. & Rem. Code §41.008.

El Paso 18-Wheeler Accident FAQ

It is normal to have questions about the legal process when you have never filed a personal injury claim. Do not feel overwhelmed by the thousands of pages of search results to sift through. Instead, check out our quick 18-wheeler accident FAQ below for answers to some of the most common questions asked by injury victims like you. 

How Much Longer do I Have to File My Truck Accident Claim?

The statute of limitations for personal injury and truck accident claims in Texas is two years under Tex. Civ. Pract. & Proc. Code §16.003. Typically, the statute of limitations will expire exactly two years from the date of your wreck or the day you were diagnosed with injuries related to the 18-wheeler accident. However, in limited circumstances, the statute of limitations could pause, giving you more time to file suit.

This deadline is critical. If you miss the statute of limitations, the court system will almost always need to refuse to hear your case. A knowledgeable 18-wheeler accident lawyer in El Paso may be the best way to ensure your claim is filed well before time runs out.

What Happens if I Was Not Wearing My Seatbelt?

If you are not wearing your seatbelt during a car accident, you could suffer devastating injuries. Many injury victims report internal bleeding, organ damage, and broken bones as a result of being ejected from the vehicle in a collision. Furthermore, the liable party will likely attempt to use your failure to wear a seatbelt against you.

Texas is a modified comparative negligence state under Tex. Civ. Pract. & Proc. Code §33.001. Also known as proportionate responsibility, this means if your portion of blame exceeds the 51% threshold, you are no longer entitled to compensation for your damages. At a reduced percentage of blame, your payout will reflect a partial deduction that coincides with your percentage of fault.

Can I Win Punitive Damages in My 18-Wheeler Accident Claim?

Yes, punitive damages are possible in your 18-wheeler accident claim. Punitive damages are to be awarded under Tex. Civ. Prac. & Rem. Code §41.001, the defendant’s actions must have been intentionally or willfully harmful or grossly negligent. While punitive damages will not be awarded in every personal injury case if the jury finds it appropriate to further penalize the liable party, an award of punitive damages is possible.

Trust in an El Paso 18-Wheeler Accident Lawyer

Filing a lawsuit and negotiating with a profit-focused insurance company may be the last thing you want to take on after being involved in a catastrophic collision. However, taking legal action may be the only way to ensure you do not get stuck covering the costs. Get help making the at-fault party pay.

Turn to a dedicated El Paso 18-wheeler accident attorney from Zinda Law Group when you are ready to demand justice. We work for our clients on contingency, so you never have to worry about paying even one cent in legal fees unless or until we win your case. Fill out our online contact form or call our office to schedule your free, no-obligation consultation as soon as today.