Trucking Accident

Truck Accident Attorney in El Paso

In El Paso, many of the city’s highways are often crowded with 18-wheelers and other big commercial vehicles. You may not give much thought to a large truck on the 54 or delivery van headed down Interstate 10. But the slightest of errors by the driver or negligence of the trucking company can have disastrous consequences. A trucking accident in El Paso can destroy your quality of life in an instant.

Many people think that semi-truck accidents are just like any other type of traffic collision. However, that is untrue. 18-wheelers are much larger than other vehicles, weighing as much as 30 times more. When these trucks are involved in a crash with passenger cars, it’s usually those in the smaller vehicles who suffer the worst injuries. Too many accident victims never recover from their injuries, and often, these crashes are fatal for victims.

Truck accident claims are much more complex than typical car accident claims. So you should not try to handle your case on your own. If you’ve been hurt in a 18 wheeler accident or have lost a loved one, talk to an El Paso 18 wheeler accident lawyer from the Law Offices of Michael J. Gopin, PLLC now. The consultation is free, and there is no charge unless we win your case.

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Michael J. Gopin
Legally reviewed by Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...

Do You Have a Truck Accident Claim?

After a truck accident, you may be wondering whether you have a case and need an attorney. Some factors to consider when evaluating your situation include:

  • Did someone else cause your traffic collision?
  • Have you suffered injuries?
  • Do you need additional medical treatment?
  • Did you miss work due to the accident and your injuries?
  • Are you unable to return to work?
  • Has your quality of life been affected by your injuries?

The truth is, there is no risk in scheduling a free consultation if you’ve been hurt in a truck collision. An El Paso 18-wheeler accident attorney from our firm can review your case, and answer all your questions. We will explain your legal rights when you contact us today.

Why Are Truck Accidents More Complicated?

There are many reasons that truck accidents are not like other car accidents on the road. The biggest reasons include:


Due to the fact that trucks are so much bigger, the injuries they cause are much more severe. This is important because before filing your claim, you must understand the full nature of your injuries, how long it will take to recover from them, and how much they will cost you. After an 18 wheeler accident, this will take much longer and make your case much more complicated.


Determining liability after any traffic collision is complex, but this is amplified after a truck accident. This is because, after a car accident, there are typically only two drivers involved. Even when multiple drivers are involved, liability will still likely lie with one of these individuals. This is not the case after a truck accident. After a truck crash, any number of parties may be liable. The truck driver, the trucking company, the loading company, and the truck manufacturer are just a few potential liable parties.

Company roadblocks

There are a number of pieces of evidence an attorney will collect after a truck crash. One of these is documentation from the trucking company including log books and employment records. Trucking companies will often try to hide this documentation and make it very difficult to gather the information needed to prove your case.

State and federal law

There are a number of state and federal laws governing trucking companies. When truck drivers, manufacturers, and trucking companies do not abide by these, it is considered negligence. It is crucial to have a truck accident attorney in El Paso who has extensive knowledge of these rules and regulations.

Although these complications can make a truck wreck case more challenging, an El Paso semi-truck accident lawyer will know how to overcome these difficulties to help you fight for the full compensation you deserve.

Benefits of Hiring a Truck Accident Lawyer in El Paso

After being involved in an 18-wheeler accident, you may be tempted to try to negotiate with the insurance company on your own. However, you should never do this. Working with an attorney will ensure you have the legal skills and the resources to protect your rights.

Some of the benefits of working with a trusted truck accident attorney include:

  • Experience determining liability and identifying all potential sources of compensation
  • Strong strategies to take on insurance companies, defense lawyers, and trucking companies to prove your claim
  • Ability to thoroughly document all current and future damages related to your injury to ensure you are demanding maximum compensation
  • Aggressive negotiation skills and experience in the courtroom to see your case through to resolution

If you are ready to get started on your semi truck accident case, contact the Law Offices of Michael J. Gopin, PLLC now for your free consultation.

We Demand Maximum Compensation for You

The compensation awarded in a truck accident claim varies widely from case to case. Due to the fact that truck accidents are much more severe than car accidents, the compensation recovered is often much greater.

There are many different types of compensation, referred to as damages, that may be awarded in truck accident cases. These include:

  • Medical expenses (past, current, and future)
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of household services
  • Loss of consortium

These are just a few types of damages that may be available through a personal injury claim. These damages are meant to compensate you for any losses you suffered as a result of the crash.

In rare instances, the courts may also award punitive damages. These damages are meant to punish the liable party for extremely reckless behavior, such as drunk driving. Punitive damages are also meant to deter defendants from engaging in the same type of behavior in the future.

How Is Fault Determined in a Truck Accident?

There are many different parties that could be at fault after a truck accident:

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A truck driver is at fault when he or she has acted negligently.

Truck drivers are responsible for ensuring they operate their truck in a manner that keeps everyone safe. This includes checking blind spots, driving above the speed limit or below, not following other vehicles too closely, being fatigued or distracted, etc. When truck drivers fail to drive reasonably, they are considered negligent.

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Trucking companies can also be held responsible for an accident.

These companies are responsible for performing background checks on their drivers and hiring loading companies that are experienced and knowledgeable about loading trucks properly. When the loading companies or truck driver acts negligently, there is a very good chance that the trucking company is also responsible.

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If any part of the truck is defective, the truck manufacturer may also be held liable.

Manufacturers are responsible for ensuring their trucks, and all the equipment within, are in proper working condition and will not fail when the truck is out on the road. When any part of a truck is defective and that defect causes a traffic collision, victims can hold the manufacturer liable.

Due to the fact that there are so many potential liable parties after a truck accident, an attorney will perform a full investigation to determine the cause of the truck accident and which party or parties were to blame for the crash. During the investigation, an attorney will collect relevant evidence to prove liability and demand the full amount of compensation you deserve.

Evidence We May Use in a Truck Accident Case

In order to prove a truck accident claim, you must have solid evidence. This evidence is not always easy to obtain, but our truck accident attorney in El Paso has the experience and resources necessary to collect it and build a strong claim.

Some of the most common evidence used in truck accident cases includes:

  • The police report/testimony from the responding officer
  • Black box data from the truck
  • Hours of service logs
  • Other logbooks, such as maintenance and inspection logbooks
  • Photos of the traffic collision scene
  • Eyewitness statements
  • Expert testimony, including traffic collision reconstruction specialist testimony
  • Medical records to prove the full extent of damages

Much of this evidence, such as maintenance logbooks, must be obtained from the trucking company, which is not always easy. Our attorneys know how to obtain this evidence and will fight fiercely on your behalf.

Types of Compensation in a Truck Accident Claim

These are some of the types of losses for which you may seek compensation:

Medical bills

Any immediate medical costs associated with the treatment of your truck accident injuries are eligible for compensation. This may include ambulance transportation costs, hospital or ER visits, surgical costs, prescriptions, and any other necessary treatments.

Future treatment costs

Future treatment expenses you may incur due to your injury may also be covered. Costs like this often include the expense of future check-ups, physical or mental therapy, durable medical equipment like wheelchairs or canes, home modifications for accessibility, and private home care.

Lost income

If you are seriously hurt and unable to return to work after your accident, you may be able to recover compensation for any resulting wage losses. Make sure you keep track of this time and save previous pay stubs as evidence.

Lost earning potential

Sometimes, you may be unable to return to work for a significant period or incapable of performing your previous job duties as a result of your accident. In these cases, you may be able to claim damages for lost earning potential.

Pain and suffering

Pain and suffering are subjective, so many insurance providers calculate these damages based on other compensatory damages like medical bills and lost income. This form of compensation recognizes the physical pain and emotional distress endured by the victim. Factors such as the severity of the injuries and the duration of recovery significantly influence the compensation awarded.

Losses related to wrongful death

If you lost a loved one in a truck accident, you can pursue compensation for the wrongful death. These claims compensate surviving relatives for losses such as the lost wages, support, and inheritance that the deceased could have provided if he or she had lived, as well as the mental and emotional suffering of any survivors.

Different Types of Damages

After a truck accident, you could be eligible to seek fair compensation for your losses, otherwise known as “damages.” These will generally be divided into three main categories:

  • Economic damages are based on actual dollar amounts of real-world expenses. These expenses are typically accounted for with bills, receipts, and invoices from costs related to the treatment of injuries or other harm. Common examples of economic damages include medical bills, at-home care, therapy, property damage, and lost wages.
  • Non-economic damages are more subjective and more difficult to calculate. These damages are awarded for immaterial losses that are not easy to represent with exact dollar amounts. For example, it’s hard to put a price on the pain and suffering you have endured.
  • Punitive damages are rare and are only awarded in cases of extreme negligence or wrongdoing. Punitive damages are granted separately from economic or non-economic compensation and are designed to punish wrongdoers for their actions. Texas law caps punitive damages at either $200,000 or two times the amount of economic damages awarded in a case, whichever is greater. The maximum is $750,000. If the truck driver in your accident case committed a felony, then the damages cap may not apply.

Factors That Can Affect Your Truck Accident Compensation

It’s difficult to predict the exact value of your claim without a thorough investigation. However, the following considerations will play a role as your claim is evaluated:

Did you sustain serious injuries?

The more severe the injuries, the more medical bills you will likely have. The compensation you receive should cover all past and future medical expenses.

How limiting are your injuries?

If your injuries prevent you from moving around, working, or living as you did before the wreck, you may be entitled to more compensation.

What kind of insurance coverage is available?

Many policies have a maximum payout amount, which could limit the compensation you receive.

Who or what caused your accident?

If a truck driver was entirely at fault for your accident, the driver’s insurance provider, the employer’s provider, or another related commercial entity might be responsible for paying damages. If you contributed any fault to the accident, however, your compensation may be reduced accordingly based on your percentage of responsibility.

Catastrophic Injuries from Truck Accident

Any time an injury happens suddenly and is so severe that it affects the traffic collision victim for the rest of his or her life, it is considered catastrophic. While there are many types of catastrophic injuries, there are four that are more common than any other. These include:

Spinal cord injuries

Although any spinal injury could require an extensive recovery time, these injuries are mainly considered catastrophic when they result in paralysis. This includes paraplegia, which is paralysis of the lower limbs, or quadriplegia, which is paralysis of all limbs.

Traumatic brain injuries

Traumatic brain injuries, typically referred to as TBIs, are a result of blunt force trauma to the head. Short-term symptoms could include pain, dizziness, coma, bleeding from the head, and nausea. Long-term symptoms are typically present with TBIs as well, including cognitive impairment, impaired senses, vision loss, tinnitus, memory loss, depression, and anxiety.

Traumatic orthopedic injuries

These injuries typically involve multiple bone breaks. These injuries may require multiple surgeries to correct, long recovery times, and are very painful. They also have long-term implications including stiffness, limited mobility, and nerve damage.


Not all burns are considered catastrophic, but third- and fourth-degree burns are. These burns affect both the epidermis and the dermis, the two layers of the skin. These burns also have the ability to reach down to the bones, organs, and muscles, which makes them much worse. When accident victims suffer from these injuries, they may also experience nerve damage, scarring, disfigurement, excruciating pain, and limited mobility. Burns are also very expensive to treat, as they require skin grafts, physical therapy, and surgery.

Catastrophic injuries come with their own complications because they require involved treatment and high medical bills, and often accident victims cannot return to work for a very long time, if ever. When accident victims suffer from these injuries, they must speak to an experienced truck accident lawyer who can help. Our truck accident law firm in El Paso is ready to fight for your legal right and ensure maximum compensation.

Common Types of Truck Accident Cases We Handle

When people think of truck accidents, they usually think of 18-wheelers being involved. But there are other types of truck accidents, as well. These include:

Common Causes of Truck Accident in El Paso

Find below the main causes of truck accidents in El Paso, Texas:

  • Truck driver distractions
  • Truck driver fatigue
  • Improperly loaded truck accident

Schedule a free consultation to talk about the details of your crash with a knowledgeable truck accident lawyer in El Paso now.

Texas Statute of Limitations on Truck Accident Lawsuits

All states have a statute of limitations on personal injury lawsuits, and Texas is no different. A statute of limitations is the amount of time you have to file your claim. If you file after the statute has expired, the courts will likely dismiss your claim.

In Texas, the statute of limitations is two years from the date of the accident. To accident victims, this often sounds like a lot of time, but it’s not. Prior to filing your claim, your attorney must conduct an investigation to collect the necessary evidence, speak to eyewitnesses and expert witnesses, and communicate with the trucking company, which will likely try to hold up the claim.

For this reason, it’s always advised that you speak to a truck accident attorney as soon as possible to get started on your claim.

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Related Practice Areas We Handle

Accidents can happen in a number of different ways. If you or a loved one has been hurt in an accident that was not your fault, you should speak to a personal injury lawyer in El Paso, Texas as soon as possible. Contact our law office today to set up a free consultation.

Talk to a Texas Truck Accident Lawyer Now

After a truck accident, you’re likely suffering from severe injuries that are not only painful, but also very expensive to treat. Our El Paso truck accident lawyers can help you demand the compensation you need to heal.

At the Law Offices of Michael J. Gopin, PLLC, we have the experience to hold truck drivers, trucking companies, and other negligent parties accountable. Call us today or contact us online for your free consultation.

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