Trucking Accident

Survivors are often left grappling with life-altering consequences that go beyond physical injuries. Many victims experience significant emotional and psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). These conditions can make it difficult to drive again, return to work, or even feel safe on the road. In some cases, victims may suffer permanent disabilities, lose their independence, or require daily assistance from loved ones or caregivers. Families also bear the emotional and financial strain, especially when a breadwinner is no longer able to contribute to the household. An experienced El Paso truck accident lawyer understands that these invisible impacts are just as important as physical injuries and ensures they are accounted for when calculating damages in 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:

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.

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

Injuries

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.

Liability

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.

Trucking companies and drivers are required to follow strict regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These rules are designed to prevent accidents by addressing critical factors such as driver fatigue, vehicle maintenance, and cargo safety. 

For instance, hours-of-service rules limit the number of hours a truck driver can operate without a break, and regular maintenance checks are mandated to ensure roadworthiness. When companies cut corners or drivers ignore these rules, the risk of a serious crash rises dramatically. 

Violations of federal regulations—such as falsified logbooks, overloaded trailers, or failure to perform routine inspections—can serve as strong evidence of negligence. A knowledgeable El Paso truck accident attorney will know how to uncover these violations and use them to strengthen your case.

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:

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.

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:

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.

Truck accident claims are also complicated by the nature of commercial truck insurance. Unlike personal auto policies, commercial trucking policies often have much higher coverage limits—sometimes in the millions of dollars—and can involve multiple layers of coverage. Depending on the circumstances, the truck driver, the trucking company, the cargo loader, or even a third-party maintenance provider could carry separate policies that may apply to your claim. Navigating these overlapping policies requires a deep understanding of commercial insurance law and aggressive legal strategy. An experienced El Paso truck accident lawyer will know how to identify all available sources of compensation and ensure you are not shortchanged by insurers eager to protect your bottom line.

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

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.

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.

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.

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.

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:

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.

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.

Burns

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.

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:

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

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

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.

If you or a loved one has been injured in a truck accident, now is the time to take action. At the Law Offices of Michael J. Gopin, PLLC, our legal team is ready to fight for your rights and pursue the full compensation you deserve. We understand the physical, emotional, and financial challenges truck crash victims face—and we’re here to support you every step of the way. Contact us today to schedule your free consultation with an experienced El Paso truck accident attorney and find out how we can help you take back control of your life.