Truck Accident Lawyer in McAllen
A Compassionate Personal Injury Attorney Here to Help Truck Accident Injury Victims Through the Legal Process of Seeking Fair Compensation
Were you or a family member recently injured in a truck accident in McAllen, Texas, or the larger Rio Grande Valley region? You may have the right to demand compensation for your medical costs, lost income, and suffering. Call the award-winning McAllen-based truck accident lawyer at The Law Office of Lino H. Ochoa for immediate assistance at 956-707-3610.
You have one opportunity to stand up to the trucking company and its insurer after your big rig accident. Our top-rated Texas trial lawyer has dedicated their career to helping crash victims like you navigate these difficult times and win millions in life-changing settlements and jury awards.
Contact our law office in McAllen, TX, today to arrange a free, no-obligation case assessment.
What Should You Do After a Serious Accident Involving a Large Truck in McAllen, Texas?
If you’ve been unfortunate enough to be the victim of a commercial trucking accident, there are certain things that you must do at the accident scene for your health, safety, and the future of your personal injury case. Failure to take steps like seeking medical care or speaking with professional legal representation could potentially diminish your overall compensation when it comes time to take legal action.
One of the first things you should do is call 911 to summon law enforcement and paramedics to the accident scene. Then, provided your injuries are not too severe, check on the injuries of anyone else involved in the collision and attempt to move your motor vehicle to the side of the road for safety.
When ambulances arrive at the crash scene, seek medical attention as soon as possible. Failing to get proper medical care after a trucking accident could not only endanger your life but also endanger your lawsuit. Some injuries may worsen with time and may not be readily apparent to the victim without a professional medical assessment. If these injuries are discovered later, the insurance companies could argue that your serious injuries are not relevant to the truck accident case. When in doubt, go see a doctor.
Attempt to have a respectful dialogue with the commercial truck driver. Get the driver’s name, phone number, address, and valid commercial driver’s license number. Ask about their trucking company employers or truck owners, if relevant. If any witnesses saw how the accident occurred, get their contact information as well, as eyewitness testimonies will be valuable to your truck accident lawyers.
When the police arrive, they will ask you to provide information for an official accident report. Attempt to be as detailed and thorough as possible when recollecting what transpired. A detailed police report will be valuable evidence to your personal injury legal team.
Before leaving the accident site, take photos and videos of the scene to document injuries, property damage, road and weather conditions, debris, and any other relevant factors that could have contributed to the crash.
Insurance adjusters representing the negligent parties may arrive at the scene and ask you questions, but you do not need to speak with them. While they may be sympathetic to your pain and suffering, they are there to use your words against you and potentially diminish the value of your personal injury claim.
Don’t wait too long to contact dedicated truck accident lawyers to represent your interests, defend your claim, and negotiate for favorable settlement terms. Our law firm has a proven track record of success holding the at-fault party accountable in truck accident cases, and we would be proud to represent your interests throughout the legal process in pursuit of the most optimal outcome possible.
Remember, anything you say to the truck driver, other motorists, insurance adjusters, and other parties at the crash scene could be used against your case. Similarly, anything you say on social media or other public forums could also devalue your claims. To be safe, just stay off social media when it comes to talking about your case. When you have to converse with other parties involved in the case, attempt to remain polite but never go so far as to admit fault, apologize, or diminish the severity of your personal injuries.
If possible, don’t speak to the other parties involved in the motor vehicle accident; instead, direct them to talk with your legal representation. Contact us to schedule your free, no-obligation case evaluation with our attorney and legal staff today.
Are Truck Accidents Typically More Legally Complex Than Most Auto Accident Cases?
Yes. Although all auto accident cases and personal injury claims can be complicated and require dedicated legal representation, that especially applies to truck accident cases.
There are several reasons why big rig accident cases and other commercial vehicle accident legal matters are more complicated than other car accident claims. Perhaps one of the most obvious reasons is the severity of the injuries and damages dealt out by tractor-trailers and other large trucks. Because of the difference in size and weight between a large commercial truck and the typical passenger motor vehicle, when these two vehicles collide, the damage can be catastrophic to the smaller car and its occupants. In trucking accidents, the truck drivers and other occupants within the truck’s cab rarely suffer the most severe injuries and sometimes can walk away from such incidents relatively unscathed. By comparison, the drivers and passengers of smaller motor vehicles, pedestrians, motorcyclists, and bicyclists can be devastated when struck at high speeds by a large truck. When the injuries and property damage are more severe, there is typically a more urgent need for extensive medical treatment, lost income, property repairs and replacements, and other financial losses. The more costly the medical expenses and other bills related to the accident, the greater the financial compensation will need to be. With so much money on the line, insurance companies, truck companies, and other negligent parties will fight tooth and nail to deny victims their full compensation.
Another reason why truck accident cases are typically more complex than most car accidents is the number of potentially liable parties. Whereas most car accidents may involve two drivers colliding with one another, a commercial vehicle accident may involve the drivers, other third parties, the truck companies, the truck owners, maintenance crews, cargo loading companies, vehicle manufacturers, and more. With so many potential negligent parties in your truck accident case, it can be more challenging to pinpoint fault and navigate the legal process in pursuit of fair financial recovery. One good thing about the possibility of so many liable parties is that, if the insurance coverage for one party caps out and does not provide adequate compensation, it is possible to get the remainder of that settlement from another party.
Additionally, several state and federal regulations pertain specifically to the commercial trucking industry. When you are involved in a truck accident, you want legal representation that is well-versed in the various state and federal laws relating to truck drivers, trucking companies, and others involved in their operations. Contact our law firm to discuss your case with our legal team in a free consultation today.
How Can an Experienced Truck Accident Attorney Lend Legal Assistance?
Taking on a trucking company after you’re involved in a truck accident in South Texas can be intimidating. These are large and powerful corporations backed by considerable resources. To make the most of your fight for compensation, leveling the playing field is essential.
You can give yourself the much-needed edge to win by enlisting the help of an experienced personal injury lawyer near you.
That’s why The Law Office of Lino H. Ochoa should be your first call for help.
Led by top-rated litigator Lino H. Ochoa, our legal team has extensive experience and success in handling complex truck accident cases like yours.
When you turn to our law firm for help, we will:
- Thoroughly investigate the circumstances of your McAllen or South Texas truck accident
- Gather and evaluate evidence related to your case, including truck black box data, dashcam footage, truck inspection logs, maintenance reports, photographs, medical reports, and more
- Bring in highly regarded experts and specialists to provide insight and support
- Represent you during all conversations with the trucking company, insurance company, and other parties
- Defend you against allegations of shared responsibility
- Seek an impactful settlement during negotiations on your behalf
- Represent you at trial if your truck accident lawsuit goes to court
Now is the time to fight back. Our truck accident attorney in McAllen is ready to help you work toward the results you deserve. We work on contingency, so there’s no cost to you unless we win your truck accident case.
Give our McAllen law office a call to set up a free consultation.
How Common Are Commercial Truck Wrecks in Texas?
Situated in South Texas in the Rio Grande Valley, just miles from the border, large commercial trucks are no strangers to McAllen roads and highways. Unfortunately, accidents involving these trucks are fairly common in the city.
According to the Texas Department of Transportation, there were 707 commercial truck accidents in McAllen and surrounding towns in Hidalgo County in 2022. That’s nearly two truck accidents a day.
These accidents caused hundreds of injuries and at least six fatalities.
What Types of Truck Accident Cases Does Our Legal Team Represent?
As a leader in truck accident litigation in South Texas, The Law Office of Lino H. Ochoa has considerable experience representing clients in cases involving:
- Jackknife accidents
- Bobtail accidents
- Rollover accidents
- Squeeze play/wide turn accidents
- Frontal collisions
- Rear-end collisions
- Side-impact accidents
- T-Bone accidents
- Overload accidents
- Underride accidents
- Fatal truck accidents
Put our experience to work for you. Contact our legal team to arrange a time for a free case assessment. We’ll listen to your side of the story, review the facts of your case, and help you understand the legal options available to you at this time. If you decide to take action, we’ll be there to stand beside you and help you fight for the substantial monetary award you need and deserve.
What Are the Leading Causes of Commercial Trucking Accidents?
Texas state law and the Federal Motor Carrier Safety Administration (FMCSA) highly regulate trucks. Despite rules and regulations concerning nearly all aspects of trucking operations, accidents involving big rigs, tractor-trailers, semis, and other large trucks still frequently happen.
Some of the most common contributing factors include:
- Distracted driving
- Drunk driving
- Drugged driving
- Fatigued driving (often related to FMCSA Hours of Service violations)
- Speeding
- Unsafe or illegal passing
- Wide turns
- Improperly loaded cargo or poorly secured cargo
- Defective braking equipment
- Negligent hiring
- Negligent vehicle maintenance
- Failing to perform required inspections
Other factors, including bad weather, congested traffic conditions, and limited visibility, can also set the stage for car accidents involving trucks in South Texas.
Who Can Be Held Liable in a McAllen Semi-Truck Accident?
Texas state law provides that all parties contributing to a truck accident are responsible for resulting damages. In other words, anyone whose negligence or wrongful actions cause a truck accident – directly or indirectly – can be liable.
Depending on the specific circumstances of the case, this might include:
- Negligent truck drivers
- Trucking companies
- Freight brokers
- Drivers of passenger vehicles
- Motorcyclists
- Bicyclists and pedestrians
- Truck manufacturers
- Property owners
Negligence, or a lack of reasonable care, is the driving force behind most truck accidents in the Rio Grande Valley. If you can prove that another party’s unreasonable actions were the actual and proximate cause of your truck accident, you can potentially hold them financially responsible for your injuries and suffering.
Specifically, you’ll need to prove the following elements:
- Duty: The defendant owed you a duty of care
- Breach: The defendant breached this duty to you
- Causation: The defendant’s actions (or failure to act) caused your truck accident and resulting injuries, and
- Damages: You can identify specific damages you’ve suffered as a result.
At The Law Office of Lino H. Ochoa, we’ll carefully investigate your crash and work to uncover precisely why and how it happened. Once we’ve established the cause(s), we can pinpoint who’s to blame and work to hold them fully responsible for the harm they’ve caused.
What Kind of Financial Recovery is Possible with a Successful Truck Accident Lawsuit?
Compensatory damages, which include economic and non-economic awards, are typically available to truck accident victims in McAllen and South Texas at large. Economic damages help to offset the financial costs related to your truck accident.
An award of economic damages should make you whole and take care of your present and future expenses, such as:
- Past medical bills and future medical expenses
- Rehabilitation
- Lost wages
- Disability
- Diminished earning capacity
- Property damage
- Nursing assistance
- Out-of-pocket expenses
- Funeral costs if a South Texas truck accident is fatal
Non-economic damages help to compensate for the consequences of a truck accident that don’t have a set cost or value, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Reduced quality of life
- Disfigurement
- Chronic physical pain
- Embarrassment
Texas law also allows for the award of punitive damages in cases where a defendant’s actions are clearly intentional or grossly negligent.
What Are Common Truck Accident Injuries?
At The Law Office of Lino H. Ochoa, we are here to help you seek compensation for all of your truck accident injuries, including:
- Burns
- Broken bones and fractures
- Concussion
- Traumatic brain injury
- Eye injury, sometimes resulting in vision loss
- Internal bleeding and organ damage
- PTSD
- Loss of hearing
- Nerve damage
- Whiplash
- Neck and back injury
- Spinal cord injuries, sometimes resulting in temporary or permanent paralysis
- Soft tissue injury
- Amputation or loss of limbs
- Catastrophic injuries
- The wrongful death of a loved one
Don’t hesitate to contact our award-winning legal team once you’ve sought emergency medical treatment for your truck accident injuries. We’re available to take your call 24 hours a day, 7 days a week.
Can Shared Negligence Affect Your Maximum Compensation?
Yes. Texas operates under a system of modified comparative negligence with a 51 percent bar.
The 51 percent bar means you cannot recover compensation from a third party if you are more than half to blame for your truck accident in the Rio Grande Valley.
Sharing some liability for a truck accident will lead to a reduction in damages. Your financial recovery will be reduced proportionately to fault. If you’re 15 percent responsible for the big rig crash, your settlement or jury award will be reduced by 15 percent.
Expect the truck driver, their employer, and the insurance company to try to blame you for the truck accident. The more fault they can shift to you, the less they’ll have to pay when you bring a claim against them.
Our experienced truck accident attorney can protect you. We’ll fight back against these (often baseless) tactics and work to limit the amount (if any) of blame assigned to you.
What is the Statute of Limitations for Texas Personal Injury Claims?
You’ll generally have two years from the date of your Texas truck accident to pursue compensation from an insurance company or liable party.
Once the statute of limitations expires, so will your opportunity to assert your rights and seek the damages you need and deserve. There are exceptions to the statute of limitations, but only for specific kinds of cases.
Call our truck accident attorneys in McAllen for help right away. As soon as you contact us, we can put a plan into action.
Where Can You Find Our Law Offices?
Make the most of your fight for compensation after a truck accident in South Texas by calling The Law Office of Lino H. Ochoa. Our McAllen truck accident lawyer offers the impactful, experienced, passionate legal representation you need and deserve during this difficult time.
We offer a free case evaluation, so don’t hesitate to contact us at 956-707-3610 to schedule yours today.
Visit Our Personal Injury Law Office in McAllen, TX
The Law Office of Lino H. Ochoa
6316 N 10th St Building D, Suite 102 McAllen, Texas, 78504
Hours: Monday to Friday, from 8 am to 5 pm
What Other Personal Injury Cases Does Our McAllen Law Firm Handle?
Our personal injury law firm in McAllen, TX also handles:
- McAllen Bad Faith Insurance Lawyers
- McAllen Bicycle Accident Lawyer
- Lawyers for Traumatic Brain Injuries in McAllen, TX
- Bus Accident Lawyers in McAllen, TX
- McAllen Car Accident Lawyer
- Construction Accidents Attorneys in McAllen, TX
- McAllen Dog Bite Lawyers
- McAllen Medical Malpractice Lawyers
- McAllen Motorcycle Accident Lawyers
- Pedestrian Accident Lawyers in McAllen, TX
- Premises Liability Attorneys in McAllen, TX
- Product Liability Lawyers in McAllen, TX
- McAllen Slip and Fall Lawyers
- McAllen Truck Accident Attorneys
- Uber Accident Lawyers in McAllen, TX
- Wrongful Death Lawyer in McAllen, TX
Highly Rated Emergency Rooms in McAllen, TX
- McAllen Emergency Room – 6700 N 10th St, McAllen, TX 78504
- South Texas Health System ER McColl – 4702 S McColl Rd, Edinburg, TX 78539
- Emergency Room at Rio Grande Regional Hospital – 101 E Ridge Rd, McAllen, TX 78503
- Doctors Hospital at Renaissance Family Medicine Center – 1000 E. Dove Ave. McAllen, TX 78504
Schedule a Free Consultation with an Experienced McAllen Truck Accident Lawyer Today
Those involved in serious commercial vehicle accidents seek the professional legal counsel of an experienced truck accident lawyer in McAllen, TX, and the greater Rio Grande Valley. Our law firm is highly skilled and has a deep knowledge of the state and federal trucking laws that apply to truck accident cases, so we can provide you with the legal representation you deserve and require.
As your legal representatives, our team will explore all options to maximize your total compensation, including arguing that the accident has negatively affected the victim’s quality of life. We will use various pieces of valuable evidence, including medical records and police reports, to help illustrate the story and represent the strength of your claims. With hard work and determination, we feel confident we can help you arrive at a satisfactory outcome to your legal issues.
Our law office operates on a contingency fee basis, meaning we don’t get paid unless you get paid. Unless and until we secure a fair settlement for your case, you won’t owe us a cent in attorney’s legal fees.
To schedule your risk-free consultation, please contact our McAllen law office at 956-707-3610. We look forward to speaking with you.
