Call 911 and get medical attention the same day. This creates the police report and medical record that your case depends on. Document the scene: photograph the truck’s USDOT number, license plate, damage, and gather witness contacts. Do not apologize, say you’re fine, or sign anything. Contact us before speaking with any insurance adjuster.
Should I call a lawyer before talking to the truck driver’s insurance company? Yes, call us first. Their adjuster’s sole objective is to minimize your payout. They will call within hours, sound sympathetic, and try to record a statement before you know the full extent of your injuries. You are not required to speak with them. Once you retain us, all contact goes through our office.
Photograph the truck from multiple angles, including the (USDOT number, plate, trailer, skid marks, and your vehicle). Collect witness names and phone numbers immediately. Preserve any dashcam footage and note nearby surveillance cameras. Keep damaged clothing, it is evidence. If you are injured and cannot gather evidence, call us immediately so we can dispatch investigators.
Yes, but see a doctor today. The insurer will exploit any gap between the crash and your first medical visit. Adrenaline masks serious injuries, such as spinal, brain, and internal damage, which often appear days later. Document every symptom now and call us. A delayed diagnosis does not automatically defeat your claim.
The trucking company’s investigator showed up at the scene. What does that mean? It means their defense is already being built. Major carriers deploy rapid response teams, including attorneys, investigators, and reconstruction specialists, the moment a serious crash occurs. They are preserving evidence favorable to them and may be allowing evidence favorable to you to disappear. Call us immediately so we can issue a preservation (spoliation) letter.
No. A recorded statement is a legal document used to challenge or deny your claim. You are not required to give one under Texas law. If asked, say: ‘I have an attorney, please contact them directly.’ Once we are on your case, you never take another call from their adjuster.
Look for a lawyer who handles truck cases exclusively, knows El Paso’s corridors (I-10, US-54, Loop 375), understands FMCSA regulations, and has a genuine trial record against major carriers. Ask if they handle cross-border Mexican carrier cases, a critical El Paso issue. Ask if you will work directly with the attorney. Anthony Holm from The Big Dog Truck Accident Lawyer checks all the boxes.
Anthony Holm, The Big Dog Lawyer, is a Texas based personal injury lawyer renowned for his exceptional advocacy and dedication to justice. In 2024 he was designated as a Top 10 trucking lawyer and Top 100 civil plaintiff lawyer. With more than 20 years of experience in the legal field, Anthony has a reputation for unwavering commitment to representing clients who have suffered due to accidents, negligence, or malpractice. His practice is built on compassion, integrity, and relentless pursuit of the best possible outcomes for his clients.
Ask: Do you focus exclusively on truck cases? Have you handled cross-border cases involving Mexican carriers? How quickly can you send a preservation letter? Will you personally handle my case? What is your fee structure? Have you taken truck cases to trial? We welcome every one of these questions.
Nothing upfront. We work on contingency; you pay only if we win. The fee is a percentage of your recovery (typically 33–40%, depending on whether the case settles or goes to trial), agreed upon in writing before we begin. Case expenses are advanced by the firm. If we don’t win, you owe nothing.
An 18-wheeler case is not a larger car accident. It involves FMCSA federal regulations, electronic logging device records, black box data, and multiple liable parties: the driver, carrier, freight broker, cargo loader, maintenance company, and possibly the manufacturer. A generalist lacks this expertise. Trucking insurers carry policies up to $1M or more; negotiating against them requires specialized experience. Anthony Holm has more than 20 years of experience handling truck accident cases across Texas.
Today. Black box data can be overwritten within days once the truck returns to service. Dashcam footage cycles out. Witness memories fade. The trucking company’s team is already working. Texas law gives you two years to file (Tex. Civ. Prac. & Rem. Code §16.003), but complex cases require time to build. Starting now preserves your evidence and your options.
Yes. Your case belongs to you. Send a written termination notice; your new attorney files a substitution of counsel. Your prior attorney may have a lien on the recovery for work performed, but you owe nothing out of pocket before resolution. Switching does not reset or harm your case.
It depends on injury severity and permanence, all medical costs (past and future), lost wages and future earning capacity, and pain and suffering. There is no honest answer without knowing your specific facts; anyone quoting a number before reviewing your case is not being straight with you.
Ranges from tens of thousands (minor injuries) to several million (catastrophic injury or death). The most critical variable is attorney quality; insurers track which lawyers go to trial and adjust offers accordingly. Factors that increase value: hours-of-service violations, black box evidence of speeding, poor FMCSA safety records, and negligent hiring.
Economic damages: all medical expenses (past and future), lost wages, lost earning capacity, and property damage. Non-economic damages: pain and suffering, mental anguish, loss of enjoyment of life, loss of consortium. Punitive damages: available when the company’s conduct was reckless or egregious (e.g., falsified logs, ignoring known safety defects).
Yes. Texas does not cap non-economic damages in personal injury cases against private parties. Proving it requires medical records, mental health documentation if applicable, family testimony, a personal symptom journal, and expert medical testimony. This is where experienced representation makes the difference.
The trucking company offered me a quick settlement. Should I accept it? No, not without having an attorney review it first. Fast offers come before you know the full extent of your injuries, before your doctors have projected future costs, and before you understand your case’s value. Once you sign a release, all future claims are gone permanently. Call us before signing anything.
Typically six months to two years. Cases with clear liability and documented injuries resolve faster. You should not settle before reaching maximum medical improvement; settling early means leaving future medical costs on the table, which cannot be undone. We push cases forward without cutting corners.
Yes, both past lost wages (from crash to resolution) and future lost earning capacity (permanent or long-term impairment). Self-employed individuals can use tax records, contracts, and bank records to establish income. We work with vocational and economic experts to document the full extent of this loss.
Usually both, often alongside additional parties. Under respondeat superior, the carrier is liable for its driver’s negligence committed during employment. The company can also be independently liable for negligent hiring, inadequate maintenance, hours-of-service violations, or failed drug testing. Freight brokers, cargo loaders, maintenance providers, and manufacturers may also share liability.
Yes, and it is usually the most important legal step. The company is vicariously liable under respondeat superior and independently liable for its own failures. More importantly, carriers are required under 49 CFR Part 387 to carry a minimum of $750,000 in liability coverage. Individual drivers have minimal personal assets. Reaching the carrier’s policy is what makes serious cases financially meaningful.
If the crash happened on U.S. soil, Texas law governs; you file here, in Texas courts. Mexican carriers operating beyond the commercial zones must have FMCSA authority and U.S.-minimum insurance. Identifying their insurer and serving a foreign entity adds complexity, but these cases are fully pursuable with experienced counsel.
Yes, as long as your fault is 50% or less. Under Texas’s proportionate responsibility statute (Tex. Civ. Prac. & Rem. Code §33.001), your damages are reduced by your percentage of fault. At 51% or more, you recover nothing, which is why insurers aggressively push your fault percentage up. We counter with black box data, FMCSA records, and expert accident reconstruction.
What is the Texas 51% comparative fault rule?
If a court assigns fault percentages and yours reaches 51%, you are completely barred from recovery, regardless of injury severity. A one percent difference can mean hundreds of thousands of dollars versus nothing. Insurers target your speed, following distance, lane position, and prior statements to push you over that threshold. Our job is to prevent that.
Yes. Texas product liability law allows claims against manufacturers or component makers when a defect caused or contributed to the crash. Brake failure cases on El Paso grades (Loop 375 Transmountain, I-10 through the Franklins) frequently involve defective components, inadequate maintenance, and overloaded cargo all simultaneously. Preservation of the failed part is critical and begins the moment we are retained.
Expect it; it is standard practice. They will use your statements, pull your driving history, subpoena your phone records, and apply accident reconstruction to assign you fault above 50%. Our response: black box data showing the truck’s speed and braking, ELD records proving hours-of-service violations, FMCSA safety violation history, dashcam footage, and early witness statements.
I-10 leads the city with nearly 3,000 crashes per year (TxDOT CRIS data) due to high commercial volume and long gaps between exits. US-54 (Patriot Freeway) is a concentrated freight corridor with a disproportionate share of truck crashes. Loop 375 Transmountain is the most physically dangerous road, with steep grades and sharp curves that have caused multiple fatal brake-failure crashes, including a 12-vehicle fatal crash in January 2025.
El Paso processes over 800,000 commercial trucks annually, more than 20% of all U.S.-Mexico land trade. When a Mexican-domiciled carrier causes a crash on U.S. soil, the analysis begins with FMCSA operating authority and U.S. insurance filings. Some carriers have valid coverage; others operate illegally. The investigation your attorney launches within the first 24 hours determines what is recoverable.
Highest concentrations are on I-10 (the highest overall crash volume), US-54, and Loop 375. Port-of-entry approach corridors, Bridge of the Americas, and Ysleta-Zaragoza, mix heavy cross-border freight with local traffic. Gateway Boulevard and east El Paso’s logistics corridors also see elevated commercial vehicle crashes.
El Paso County ranks fifth in Texas for commercial vehicle accidents, with approximately 794 commercial motor vehicle crashes per year and over 13,600 total traffic crashes in 2022 alone (TxDOT CRIS). The volume is driven by El Paso’s position at the busiest U.S.-Mexico land crossing in the western U.S.
Can an El Paso lawyer handle my case if the trucking company is out of state or in Mexico? Yes. Your lawsuit is filed in El Paso County, Texas. Texas courts have jurisdiction regardless of where the carrier is based. We handle service of process on out-of-state and
foreign entities, know the El Paso County court system and local jury dynamics, and investigate FMCSA authority and U.S. insurance filings for cross-border carriers.
Texas law. If the accident happened on U.S. soil, including the Paisano Drive corridor and I-10 connections after CBP inspection, you have full rights under Texas law and can file in Texas courts. The complexity lies in confirming the carrier’s FMCSA authority, locating their U.S. insurance, and serving process on a foreign entity. These are solvable with the right team acting quickly.
Two years from the date of the accident under Tex. Civ. Prac. & Rem. Code §16.003. Missing this deadline by one day bars all recovery. Exceptions: minors (clock starts at 18), legally incapacitated persons, or if the at-fault party left Texas. Government-owned vehicles may require a notice of claim within six months under the Texas Tort Claims Act. Do not wait; evidence disappears far sooner.
1. Investigation, spoliation letter, black box preservation, FMCSA records, witness interviews. 2. Medical treatment, full documentation of injuries, and future needs. 3. Demand letter, formal liability and damages presentation to the insurer. 4. Negotiation, most cases (~90%) resolve here. 5. Lawsuit (if needed), filed in El Paso County District Court; discovery begins. 6. Resolution, negotiated settlement, or jury verdict. Every decision is yours.
Most cases settle, but the highest settlements go to clients whose attorneys are known trial lawyers. Insurers maintain internal records on attorneys and adjust offers based on trial history. We prepare every case for trial from day one. If the insurer’s offer does not reflect what your case is worth, we go to court.
The Event Data Recorder (EDR/ECM) records the truck’s speed, brake application, throttle position, steering inputs, and engine RPMs in the seconds before impact. It objectively proves speeding, failure to brake, and other negligence. This data can be overwritten within days once the truck returns to service. Our first action is a legal preservation demand; this is non-negotiable.
Destroying evidence after receiving a legal hold notice exposes the company to spoliation sanctions, including adverse inference jury instructions (the jury is told to assume the evidence was harmful to the company) or, in egregious cases, default judgment. Without a hold in place, footage simply overwrites through normal operations. We send that hold immediately upon being retained.
A spoliation letter is a formal legal notice demanding preservation of all crash-related evidence: black box data, dashcam footage, ELD records, GPS data, maintenance records, driver personnel file, drug test results, and all internal communications about the accident. Without it, evidence disappears as routine business, not necessarily deliberate destruction. With it on file, any destruction afterward is sanctionable. We send it on day one.
Traumatic brain injuries (often delayed in presentation), spinal cord injuries and herniated discs, broken bones (arms, legs, ribs, pelvis), internal organ damage, traumatic amputations, severe burns, and PTSD. All are fully compensable under Texas law. Injuries from 80,000-pound vehicles are categorically more severe than standard car accidents; do not minimize your symptoms.
I feel fine now, but I’m worried about delayed injuries. What should I do? See a doctor today. TBI symptoms (headache, nausea, memory issues, mood changes) can emerge 24–72 hours post-crash. Spinal injuries often worsen over days. Internal bleeding may have no external signs. Adrenaline actively suppresses pain. Start a daily symptom journal now; those entries become medical evidence. Tell your physician you were in a truck accident and request imaging.
Can I recover compensation for future surgeries and ongoing treatment? Yes. Future medical expenses are fully recoverable under Texas law. Proving them requires your treating physicians and, in major cases, a life care planner projecting all lifetime medical needs with associated costs, and an economist calculating their present value. Do not accept any settlement until you have a clear prognosis. Future surgery belongs in the settlement.
Yes. Under the Texas Wrongful Death Act, the surviving spouse, children, and parents may file. Recoverable damages include lost financial support, household services, companionship, mental anguish, and funeral expenses. The estate may file a parallel survival action for the decedent’s own pain and suffering and lost earnings. The statute of limitations is two years from the date of death.
TBI cases span a wide range, from modest settlements with full recovery to multi-million-dollar verdicts with permanent disability and lifetime care needs. Value depends on severity and permanence, cognitive and functional impairment, future care costs, and lost earning capacity. These cases require neurological experts, neuropsychological testing, life care planning, and economic analysis. They are not cases for generalists.
Speed is their strategy. They want to reach you before you retain counsel, before you know your injury’s full extent, and before you understand your case’s value. Their early offers and friendly tone are designed to build goodwill and prompt a recorded statement. Every word you say is recorded and usable against you. Once we represent you, those calls stop.
Under 49 CFR Part 387, the federal minimum for most 18-wheelers carrying non-hazardous cargo is $750,000. Hazardous materials carriers must carry $1M–$5M. In practice, many large carriers carry $1M or more. The FMCSA has reported that even the $750,000 minimum is increasingly inadequate given that severe crash costs routinely exceed $1M. We identify the full insurance picture in every case.
Investigate all available coverage first: driver’s personal policy, carrier liability policy, freight broker’s policy, and cargo owner’s policy may collectively exceed initial appearances. If the carrier is still underinsured, examine the company assets. Review your own auto policy for underinsured motorist (UIM) coverage. We investigate every available source of compensation from day one.
Does my own car insurance cover me if I’m hit by an uninsured truck driver? It may. Texas does not require UM/UIM coverage, but insurers must offer it. If you carry it, your uninsured motorist coverage applies when the at-fault driver has no insurance; underinsured motorist coverage applies when they have insufficient coverage. Check your declarations page. Even your own insurer can work to minimize your payout; have us involved in any communications with them.
Free consultation. You pay nothing unless you win.
This page has been written, edited, and reviewed by attorney Anthony Holm, Founding Attorney of The Big Dog Truck Accident Lawyer, with more than 20 years of experience representing injured people in truck accident cases across Texas and New Mexico.
call us at (915) 344-7225