McAllen Truck Accident Attorney

Truck accidents constitute road accidents involving large commercial trucks often used to transport items or property, such as big rigs, oil and gas trucks, and 18-wheelers. At the Omar Ochoa Law Firm, our McAllen truck accident lawyers represent individuals who have been injured or harmed by an 18-wheeler accident, and we will fight for you all the way to compensation for damages you’ve suffered.

Unfortunately, Texas has consistently ranked first in the country with the most trucks involved in fatal crashes according to the National Highway Transportation Safety Administration (NHTSA). This is perhaps a factor of the state housing many large factories and its larger size requiring extensive roadway transportation.

Common causes of truck accidents include:

Be aware that due to their larger size, commercial trucks require considerably more time to brake than regular vehicles.

Common Injuries from a Truck Accident

Due to the sheer size difference between an 18-wheeler and a standard car, any accident between the two can result in terrible injuries. If you've suffered any of the following common injuries from a truck accident, it's important you reach out to a McAllen truck accident attorney as soon as possible:

• Brain/head injuries
• Back or spinal cord injuries
• Broken bones
• Internal bleeding
• Organ damage
• Burns

Modified Comparative Fault for Damages

Texas personal injury law follows the modified comparative fault rules, which means that you may recover damages based on your degree of fault. (For instance, if you’ve been found 20% at fault for failing to obey a traffic rule that led to the accident, you will only be able to receive 80% of the damages award). If you’re more than 50% at fault, you will be unable to recover any damages.

Potential at-fault parties you may file a lawsuit for damages against could be:

• the truck driver (due to negligence, distracted driving, falling asleep at the wheel, running a red light);
• the trucking company (due to negligent hiring, violation of state or federal law for not requiring drivers to meet a certain standard);
• the cargo company (due to improperly loaded or overloaded cargo);
• the manufacturer (due to defective vehicle/product).

In some situations, the trucking company may be held liable for the negligence of the truck driver according to the legal theory of “respondeat superior,” which holds when the truck driver is an employee and was acting within the scope of their employment during the accident.

Recall that the statute of limitations in Texas to file a civil lawsuit for an 18-wheeler accident is 2 years from the date the accident occurred. If the government was an at-fault party, the statute of limitations is much shorter. The court will be unlikely to hear your case if the statute of limitations expires, so it is imperative that you consult an attorney to get started on your case soon after it happens.

Recovering Damages in Truck Accidents

Eighteen-wheeler accidents could result in minor bruises to major injuries, such as catastrophic injuries or wrongful death. Texas awards economic and non-economic damages in truck accidents, where economic damages refer to quantifiable losses (e.g., medical expenses, lost wages), and non-economic damages refer to more intangible losses like pain and suffering. Texas also awards punitive damages in cases where the defendant acted with malice or gross negligence, such as if they drove while intoxicated.