By: Ricardo A Garcia
Serving Residents Throughout Hidalgo County and all of Texas. Mcallen, Alamo, Edinburg, Harlingen, Hidalgo Mission, Palmview, Pharr, San Juan, Weslaco
Texas Truck Accident Attorneys Committed to Maximum Compensation
Ricardo A. Garcia has decades of experience representing clients with severe injuries due to catastrophic truck accidents. He is Board Certified in Personal Injury, and recognized nationally for his skill, achievements, and decades of trial experience.
If you were injured in a truck accident, you are up against a team of professionals specialized in handling lawsuits for insurance companies and trucking companies. They do not care if you have lost a loved one, or if you are severely injured. If the opportunity arises, they will have your case dismissed, or pay you as little as possible.
How A Truck Accident Claim And Lawsuit Is Won
A win in a truck accident claim or lawsuit occurs when we obtain maximum settlement for our clients injuries and damages (economic or non-economic). If you have been severely injured, you will want to increase your odds at obtaining a fair settlement, which will mostly depend on who handles your lawsuit.
In order to increase your odds at a fair settlement, you will want to choose an attorney in Texas with decades of experience handling truck accidents, has a history of winning substantial settlements, and the resources needed to fight large insurance companies, trucking companies and their team of lawyers.
Mcallen Truck Accident Lawyer Ricardo. A. Garcia
When you put Ricardo A. Garcia on your truck accident lawsuit, you are choosing a skilled and aggressive personal injury trial attorney, with 30 + years of experience. He has the team and resources you need to fight back.
He is nationally recognized, and a board certified personal injury attorney with specific experience in truck accident lawsuits. He is known through out Texas for obtaining substantial settlements while defending hard to win personally injury lawsuits.
When Ricardo takes on your truck accident lawsuit, you will pay nothing unless we are able to obtain a settlement on your behalf. Our law firm will put in the hours, resources, and front all of the costs associated with your lawsuit.
Schedule a case review with Ricardo A. Garcia Today. You pay nothing at all, unless we win your case.
What To Expect When We Handle Your Truck Accident Lawsuit
From the moment you hire our Lawfirm, our lead attorney Ricardo A. Garcia, and his team will handle all communications with these companies. When the insurance companies see his name on the lawsuit, they will be forced to come to the table and negotiate a realistic settlement in order to avoid a costly trial.
- Strategic Defense: We will build a strong case with a goal of proving your injuries deserve full compensation. From gathering critical evidence to expert testimony, we leave no stone unturned. We will analyze evidence, accident and police reports, reconstruct accident scenes, and work with medical experts to identify the full extent of your injuries.
- Thorough Investigation: We collect crucial evidence, including accident reports, witness statements, surveillance footage, black box data, and trucking company records. We also investigate the trucking company’s safety record, driver history, and potential violations of state and federal regulations.
- Filing the Claim: We handle all legal paperwork, negotiations, and insurance communications, ensuring that your claim is filed correctly and within Texas’ legal deadlines. Our team aggressively advocates for your rights, preventing insurance companies from offering lowball settlements.
- Negotiation & Settlement: Insurance companies will likel try to minimize or deny your claim. We are here to aggressively negotiate and secure a fair settlement. We work to discover compelling evidence, which demonstrates liability and the full extent of your injuries. This all ensures you receive maximum compensation for medical expenses, lost wages, pain and suffering, and other damages.
- Trial Representation: If the insurance company refuses to offer a fair settlement, we are capable and ready to take your case to trial. Ricardo A. Garcia and his team have decades of trial experience, and they know how to create a compelling argument before a judge and jury.
Who Pays For My Injuries and Damages?
A truck accident can be much more complex than a car accidents due to the severity of injuries, circumstances, and often there are multiple parties responsible for the accident.
- The trucking company (hiring unqualified drivers, failure to maintain vehicles)
- The truck manufacturer (defective parts, faulty brakes)
- The cargo company (improper loading, unsecured cargo)
In order to identify the responsible entity, we will have to provide negligence.
How We Prove Negligence In The Truck Accident
Proving negligence is vital for initiating a truck accident claim, but it will require strong and clear evidence. By combining critical pieces of evidence together, we are able to build a solid case that proves negligent behavior occurred by the truck driver, trucking company, or other responsible parties.
Some of the evidence we look at include:
- Forensic Accident Reconstruction – Experts analyze crash dynamics, skid marks, road conditions, and vehicle damage to recreate the collision scenario.
- Driver Logbooks – Records of driving hours to check for violations of Federal Motor Carrier Safety Administration (FMCSA) regulations regarding mandatory rest periods.
- Maintenance Records – Proof of proper or neglected truck maintenance, which may show signs of mechanical failures due to improper upkeep.
- Cargo Loading Reports – Ensures that the truck was loaded properly and within legal weight limits to prevent issues like rollovers or shifting cargo.
- Black Box Data (Event Data Recorder) – Captures speed before the crash, braking patterns, how long the driver was driving, GPS locations, steering input, and other vehicle performance metrics at the time of the crash.
- Cell Phone Records – If distracted driving is suspected, we can examine phone logs to determine if the driver was texting or making calls at the time of the accident.
- Vehicle Inspections – Reports from routine safety inspections, revealing whether the truck was operating with known defects.
- Driver Qualification Files – Employment records that verify if the driver had the necessary training, certifications, and a clean driving history.
- Company Training & Safety Practices – Evaluates whether the trucking company followed federal and state safety standards or engaged in negligent hiring or inadequate training.
- Dashcam Footage – Video evidence from inside the truck that may show distracted driving, fatigue, or reckless behavior leading up to the crash.
- Surveillance Footage & Photos – External cameras or dashcam recordings from other vehicles capturing the accident in real time.
- Toxicology Reports – If driver impairment is suspected, drug and alcohol tests can confirm whether substances played a role in the crash.
- Witness Testimony – Statements from bystanders, passengers, and other drivers who saw the accident unfold.
Types Of Compensation You Can Claim
Injuries from an 18-wheeler accident are often more severe than car accidents. This often due to the obvious size of trucks, including their increased blind spots, which often pose significant risks to bicyclists and pedestrians.
Some of the most common injuries we see are:
Economic Damages (Financial Losses)
Economic damages compensate for the tangible, measurable financial losses resulting from a truck accident. These include:
- Medical Expenses – Covers emergency care, hospital stays, surgeries, medications, physical therapy, and future medical treatments related to the accident.
- Lost Wages & Future Earnings – Compensates for income lost during recovery and any reduction in earning capacity if the injuries prevent returning to work.
- Rehabilitation Costs – Includes physical therapy, occupational therapy, and assistive devices needed for long-term recovery.
- Property Damage – Covers vehicle repairs or replacement, as well as compensation for any other personal property damaged in the accident.
Non-Economic Damages (Emotional & Quality of Life Losses)
Non-economic damages compensate for the intangible losses that do not have a direct financial cost but greatly impact the victim’s quality of life. These include:
- Pain & Suffering – Compensation for physical pain and emotional distress caused by the accident and injuries.
- Mental Anguish & PTSD – Truck accidents can lead to post-traumatic stress disorder (PTSD), depression, anxiety, and emotional trauma.
- Loss of Enjoyment of Life – If injuries prevent the victim from engaging in activities they once enjoyed, they may be entitled to compensation.
- Loss of Consortium – Compensation for the negative impact on relationships with a spouse or family due to the injuries.
- Permanent Disability & Disfigurement – Compensation for scarring, amputations, paralysis, or other long-term disabilities that impact daily life.
- Wrongful Death Damages – If the accident resulted in fatal injuries, surviving family members may seek compensation for funeral expenses, loss of financial support, and emotional suffering.
The severity of these injuries often leads to extensive medical bills, long-term rehabilitation, and permanent disability, making it essential to pursue maximum compensation to cover medical expenses, lost income, and pain and suffering.
Examples of Injuries That Can Make A Claim More Valuable
- Brain injuries – Any accident that involves injury to your head can result in a traumatic brain injury (TBI). Brain injuries can include concussions, contusions, bleeding or bruising of the brain, and skull fractures. These types of injuries require immediate medical attention and can lead to long-term and permanent disability.
- Spinal Cord Injuries – Like brain injuries, spinal cord injuries can lead to life-long disability. These injuries can prevent you from working and deprive you of the ability to do tasks that require lifting, balance or coordination.
- Burn Injuries – Truck accidents can cause fires or chemical spills that burn accident victims and destroy property. Burn injuries can include disfigurement, nerve damage, chronic pain and amputations.
- Fatal Injury – Truck accidents can unfortunately lead to the death of the accident victim, often called an accident fatality. As with wrongful death claims, its is often the loved one of the accident victim who must seek justice for the deceased.
Types of Truck Accident Claims & Lawsuits We Have Won
In McAllen and across South Texas, there is a large amount of trucking traffic, which has increased the risk of devastating truck accidents. Our firm has successfully handled cases involving a variety of truck accident which were caused by:
- Fatigued Drivers – Truckers spending too many hours behind the wheel often experience drowsiness, leading to accidents. We have proven driver fatigue in multiple cases, securing compensation for victims.
- Distracted Driving – Cell phone use, GPS distractions, or other in-cab distractions have caused severe accidents and life-altering injuries.
- Speeding – Excessive speeds reduce reaction times and significantly increase the severity of collisions.
- Tailgating – Following too closely behind another vehicle increases the likelihood of rear-end crashes, which are particularly dangerous when involving large trucks.
- Failure to Inspect and Maintain Trucks – Poor maintenance can lead to mechanical failures, including brake failures, tire blowouts, and steering malfunctions.
- Mechanical Defects – Defective vehicle components such as brakes, tires, and engine systems can lead to catastrophic crashes. We hold manufacturers and maintenance providers accountable for these failures.
- Driving Under the Influence (DUI) – Truck drivers impaired by alcohol or drugs put everyone at risk, leading to devastating injuries and fatalities.
- Improperly Loaded Cargo – Overloaded or unbalanced cargo can shift suddenly, making a truck difficult to control and increasing the risk of rollovers or jackknife accidents.
- Negligent Hiring & Training – Trucking companies that fail to properly vet and train drivers can be held accountable when their negligence results in accidents.
How Much Is Your Truck Accident Claim Worth?
Determining the exact amount of compensation is nearly impossible to estimate without looking at the case. Unfortunately, there are far too many variables. For example, in some cases you might have multiple fatalities with one person of a family remaining. In other accidents there might be one person with low level injuries.
Depending on the case you could see as little as $20,000 or up to $150,000,000 in compensation.
Ricardo A. Garcia is nationally recognized for many substantial settlements regarding truck, aircraft, and car accidents, including many other types of cases involving accidents and injuries.
How Long Does A Truck Accident Claim Take?
The time to completion for a truck accident claim in Texas depends on many variables, which include severity of injuries, clarity of liability, and the legal strategies employed. While it’s challenging to provide precise figures without specific case details, we can reference our experience and give you some averages.
The timeline for resolving a truck accident claim depends on whether its a:
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Settlement Negotiations: Some cases may settle within a few months if negligence and liable parties are clear and negotiations are straight forward without too much disagreement.
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Litigation: If a lawsuit is necessary, the process will take longer, which can take 18 months or more to complete.
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Trial: If your case goes to trial, you have already spent several months up or more getting to this step. A trial is extremely variable, from several months and up to beyond 12 months.
Texas Truck Accident Laws That Affect Your Case
Statute of Limitations
- Texas law gives you two years from the date of the accident to file a claim.
- If you miss this deadline, you may lose your right to compensation.
Comparative Negligence Rule
- If you are partially at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.
Texas Commercial Trucking Regulations
- Federal Hours-of-Service (HOS) Rules limit how long a trucker can drive without rest.
- Trucks must undergo regular maintenance and safety inspections.
- Trucking companies must carry higher insurance coverage than passenger vehicles.
Your Rights As A Texan Filing A Truck Accident Claim
Understanding your rights after a truck accident in Texas is important for ensuring justice, and fair compensation. Here is everything you need to know as a Texan:
Right to Compensation
If you’ve been injured in a truck accident due to another party’s negligence, you have the right to seek compensation for:
- Medical Expenses: Covers emergency care, hospital stays, surgeries, medications, and ongoing treatments.
- Lost Wages: Reimbursement for income lost during recovery.
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Property Damage: Repairs or replacement of your vehicle and other personal property.
In there is a case of gross negligence, you can receive punitive damages, with an aim to punish the responsible party, and to make an example in order to deter others from doing the same.
Right to Legal Representation
You have the right to consult and hire an experienced personal injury attorney who will handle:
- Investigate the Accident: Gather evidence, interview witnesses, and reconstruct the accident scene.
- Negotiate with Insurers: Handle communications and advocate for a fair settlement.
- Represent You in Court: If necessary, litigate your case to secure the compensation you deserve.
Right to Evidence Preservation
You have the right to collect and preserve evidence related to your accident, which are:
- Photographs of the Scene: Document vehicle positions, road conditions, and visible damages.
- Witness Information: Obtain contact details of any eyewitnesses.
- Official Reports: Secure copies of police and accident reports.
Collecting evidence in a timely fashion is very important, and it can significantly impact the outcome of a claim.
Right to Timely Action
Texas law imposes a statute of limitations on personal injury claims. Normally, you will have two years from the date of the accident to file a lawsuit. Failing to act within 2 years will cause you to potentially forgo your right to compensation.
Right to Fair Treatment
Insurance companies are mandated to handle claims in good faith. You can expect the to:
- Receive Prompt Responses: Timely communication regarding your claim.
- Be Free from Unreasonable Delays: Avoid unnecessary postponements in claim processing.
- Appeal Denied Claims: Challenge unjust claim denials.
If an insurer acts in bad faith, your attorney can pursue additional legal action.
Right to Privacy
Your medical records and personal information are legally confidential. You are in control of this information, and you should always consult with an attorney if you plan on sharing any details with insurance adjusters or opposing parties.
Schedule A Free Case Review With Ricardo A. Garcia
A truck accident can become a serious and life-altering event, but you don’t have to navigate the situation alone. We can help you understand and protect your rights, and help you obtain the compensation you deserve.
At Ricardo A. Garcia Law Firm, we have dedicated ourselves to fighting for accident victims, and ensuring that they receive justice. Whether negotiating a fair settlement or if your case goes to trial, you can rely on our team to use the right resources, and strategies in order to obtain a fair judgement on your behalf. .
Don’t wait—contact us today for a FREE consultation. We can help you move forward with confidence, while giving you confidence that your case is in capable hands.
Our Mcallen Law Office Location
Mcallen Office
Address:
820 South Main St., McAllen, Texas 78501
Phone:
(956) 630-2882
Fax:
(956) 630-2882