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EL PASO TRUCK ACCIDENT ATTORNEY

El Paso Truck Accident Lawyer for 18-Wheeler and Commercial Vehicle Crashes

Commercial truck crashes involve federal safety rules, multiple insurers and evidence that disappears fast. We move quickly to lock it down and pursue full compensation on contingency.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

El Paso is one of the busiest freight corridors on the southern border. Thousands of tractor-trailers cross the Ysleta-Zaragoza and Bridge of the Americas ports every day and merge onto I-10, Loop 375 and the Border Highway alongside commuters. When an 80,000-pound rig hits a passenger car, the injuries are catastrophic — spinal damage, traumatic brain injury, amputations and deaths. A truck accident claim is for anyone hurt by a commercial vehicle: semis, box trucks, dump trucks, delivery vans and buses. Navar Law represents injured drivers and passengers and the families of people killed in commercial vehicle crashes throughout El Paso County and West Texas.

Trucking cases are governed by federal law in addition to Texas negligence rules. The Federal Motor Carrier Safety Regulations (49 CFR Parts 382 through 399) set hours-of-service limits, drug and alcohol testing, driver qualification, vehicle inspection and cargo securement requirements, and a violation is powerful evidence of negligence. Carriers must keep electronic logging device data, driver qualification files and post-crash drug test results, but retention periods are short — some records may be discarded after six months — so a preservation letter must go out immediately. The two-year deadline in Texas Civil Practice and Remedies Code section 16.003 still applies, and Chapter 33 lets us bring in every responsible party: the driver, the motor carrier, the shipper, the broker and any maintenance contractor.

The carrier's insurer often has an adjuster and a defense lawyer at the scene before you leave the hospital. We level that field. Our office sends spoliation letters within days, obtains the El Paso Police or DPS crash report, downloads the truck's electronic data when possible, identifies every policy in play and documents your injuries with your treating physicians. Most truck accident claims settle before suit through a detailed demand and negotiation, so you do not appear in court. When a carrier's insurer refuses a fair number, we file suit in El Paso County district court and pursue discovery aggressively; even then, most cases resolve at mediation. Facing a national trucking insurer without a lawyer is not a fair fight.

Evidence that must be preserved right away

Trucking cases are won or lost on records the carrier controls: electronic logging device hours, engine control module and dash-camera data, dispatch and bill of lading records, driver qualification and training files, pre-trip inspection reports, maintenance logs and post-accident drug and alcohol tests required by 49 CFR Part 382. Cell phone records show distraction. Our first task is a written preservation demand to the carrier, its insurer and any third-party logistics company, followed by a request for the DPS or El Paso Police crash report and any commercial vehicle inspection performed at the scene.

Who can be held responsible in an El Paso truck crash

Unlike a typical car accident, a truck crash often involves several defendants and several insurance policies. The driver may be an employee or an owner-operator; the motor carrier is responsible for hiring, training and supervision; a separate company may own the trailer; a shipper may have overloaded or improperly secured cargo; a broker may have hired an unsafe carrier; and a maintenance shop may have missed a brake defect. Federal law requires interstate carriers to carry at least $750,000 in liability coverage, and many carry far more.

Identifying every responsible party matters because Texas Chapter 33 apportions fault among all of them, and because catastrophic injuries frequently exceed a single policy. Cross-border cargo adds Mexican carriers and customs brokers to the picture, which an El Paso attorney is used to sorting out. Where a crash is fatal, the claim proceeds as a wrongful death case for the surviving family.

What's included

  • Free consultation and written contingency agreement — no upfront cost
  • Immediate evidence preservation letters to the carrier, insurer and logistics companies
  • Crash report, scene photos, witness statements and commercial vehicle inspection records
  • FMCSA compliance review: hours of service, driver file, maintenance and drug testing
  • Identification of every liable party and every insurance policy
  • Medical documentation, lien negotiation and a detailed settlement demand
  • Lawsuit filed in El Paso County and expert retention if the insurer refuses a fair offer

How it works

01

1. Rapid response and preservation

We meet you or your family as soon as possible, sign a contingency agreement, and send preservation demands so logs, camera footage and truck data are not lost. Early action is the biggest advantage in a truck case.

02

2. Investigation and treatment

While you treat, we obtain the crash report, carrier safety history and federal compliance records, consult reconstruction experts when needed, and track every medical bill and lost paycheck so the full loss is documented.

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3. Demand, negotiation or suit

We present a documented demand to every insurer. Most claims settle here. If a carrier refuses a fair offer, we file suit in El Paso County with your approval and push the case toward mediation or trial.

Official resources

Frequently asked questions

Common questions about truck accidents in El Paso

How is a truck accident claim different from a car accident claim?

Three ways: federal FMCSA safety rules apply and violations prove negligence; there are usually several responsible companies and much larger insurance policies; and the carrier's insurer starts defending within hours. The injuries are also typically far more severe. Those differences make early investigation and evidence preservation essential, which is why El Paso truck cases should not be handled like a fender-bender.

How long do I have to file a truck accident lawsuit in Texas?

Two years from the crash under Texas Civil Practice and Remedies Code section 16.003, and two years from the death for a wrongful death claim. But the practical deadline is much shorter: carriers may lawfully discard driver logs and other records after six months under federal retention rules, so the preservation letter needs to go out within days, not months.

Do I have to go to court for a truck accident case?

Most truck accident claims settle through negotiation without a lawsuit, so no court appearance is required. Because the stakes are higher, trucking insurers are more likely than auto insurers to force a lawsuit before paying fairly. If that happens, you would give a deposition and attend mediation, both of which we prepare you for, and the great majority of filed cases still settle before trial.

How much does a truck accident lawyer cost in El Paso?

There is no upfront cost. We work on a contingency fee set out in writing before we start, paid only from money recovered for you. Truck cases often require accident reconstruction and medical experts; those expenses are advanced by the firm and explained in your agreement. If there is no recovery, you owe no attorney fee.

What if the truck was from Mexico or the driver was an owner-operator?

Both situations are common in El Paso and both are workable. Mexican carriers operating in the commercial zone must carry U.S. liability insurance, and U.S. companies that hired or leased the truck can share responsibility. Owner-operators are usually leased to a motor carrier whose insurance and federal authority cover the trip. We identify every policy, including your own uninsured motorist coverage as a backstop.

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