McAllen 18-Wheeler Accident Lawyer

18-Wheeler Accident Attorney in McAllen, TX

An 18-wheeler hit you, and the trucking company’s adjuster called before you were even home from the hospital. Your car is wrecked, your body hurts, and you are wondering who pays and whether you are already behind. You should not have to face a trucking company’s insurer alone.

Texas law lets you recover from everyone whose negligence caused the crash, which usually means the trucking company as well as the driver. What sets these cases apart is the federal rulebook every interstate truck must follow and the records it creates. You have two years to file suit, but the carrier may lawfully delete the driver’s electronic logs after six months.

Attorney Abraham Peña was born and raised in the Rio Grande Valley and handles injury cases only, for clients who speak English or Spanish. Our McAllen truck accident lawyer page covers truck crashes in general; this page covers what changes with a loaded 18-wheeler. Call us and tell us what happened.

18-Wheeler Accidents in McAllen

The Pharr-Reynosa International Bridge is the McAllen area’s commercial crossing, and the tractor-trailers that clear customs there roll straight onto Interstate 69C (US-281) and Interstate 2 (Expressway 83). They share those highways, and 10th Street, Nolana Avenue, 23rd Street and FM 495, with local commuters. According to TxDOT’s 2024 Crash Facts, Hidalgo County recorded 748 crashes involving a commercial motor vehicle that year, four of them fatal.

A loaded tractor-trailer can legally weigh up to 80,000 pounds on the Interstate. Under the federal safety rules, any truck in interstate commerce rated at 10,001 pounds or more is a commercial motor vehicle, so every 18-wheeler qualifies. Texas has adopted those federal safety rules as state rules.

What to Do After an 18-Wheeler Accident

The trucking company starts building its defense the day of the crash. If you can:

• If you are hurt, get medical care right away. DHR Health in Edinburg is the Valley’s Level I trauma center, and any gap before your first visit is something the insurer will point to.
• Make sure a police report is filed. The crash report is later available from TxDOT or the McAllen Police Department.
• Photograph the truck and trailer. The USDOT number, company name and trailer plate tell us who operates and insures the rig.
• Do not give the carrier’s insurer a recorded statement. You are not required to, and adjusters are trained to lock in damaging answers.
• Call a lawyer before the records disappear. The logs, engine data and dash camera video have short retention periods.

Who Can Be Held Responsible for an 18-Wheeler Crash?

More than one party often shares the blame. We look at:

• The motor carrier. The company named on the door answers for the driver it hired, trained and dispatched, and for its own choices to push hours or skip inspections.
• The truck driver. Speeding, tailgating, distraction and fatigue are common causes, and a commercial driver breaks federal rules at an alcohol concentration of 0.04, half the usual limit.
• The owner of the tractor or trailer. Many rigs are leased, and the owner may be responsible for brake, tire or coupling failures.
• The shipper or loader. Overweight, shifted or poorly secured cargo causes rollovers and jackknifes.

Some carrier records can be deleted within three months, so our preservation demand goes out right away.

The Federal Rules Behind Every 18-Wheeler Case

Interstate carriers must follow federal safety rules, and the paperwork those rules require often proves the case:

• Hours of service. A freight driver may drive at most 11 hours after 10 hours off duty, never past the 14th hour on duty, with a 30-minute break after 8 hours of driving.
• Electronic logbooks. Duty status must be recorded on an electronic logging device, and the carrier has to keep those logs for only six months.
• Testing and maintenance. After a fatal crash, or an injury or tow-away crash where the driver is cited, the carrier must test the driver for alcohol and drugs, and it must keep repair records for every truck.
• Insurance. A for-hire interstate carrier hauling ordinary freight must carry at least $750,000 in coverage; a Texas driver needs only $30,000 per person.

What You Can Recover After an 18-Wheeler Accident

Depending on your case, Texas law allows you to seek:

• Medical bills, from trauma care through surgery, rehabilitation and future treatment
• Lost wages and reduced earning capacity
• Physical pain and mental anguish
• Physical impairment and disfigurement
• Damage to your vehicle and personal property
• Exemplary damages when the carrier was grossly negligent, such as knowingly pushing drivers past the hours limits
• Wrongful death and survival damages if a family member was killed (see our McAllen wrongful death lawyer page)

Exemplary damages require clear and convincing proof to a unanimous jury, and Texas caps them, so the carrier’s own logs carry real weight. Commercial policies are also far larger than personal auto policies.

How Long Do You Have to File, and Does Fault Matter?

You generally have two years from the crash to file a lawsuit in Texas, or two years from the date of death in a wrongful death case. If a city or county vehicle or a road defect played a part, written notice is due within six months, and some city charters set an even shorter period.

Trucking insurers try to shift blame onto the car driver because Texas uses modified comparative fault. If your share of the fault is 50 percent or less, your award is cut by that percentage; at 51 percent or more, the claim is barred. Suppose a jury awarded $500,000 and found you 20 percent at fault: you would receive $400,000.

FAQs

Do I need a lawyer if the trucking company’s insurer already offered a settlement?

Early offers usually arrive before anyone knows the full extent of your injuries or has looked at the carrier’s records. Once you sign a release, the claim is over, even if you later need surgery. Let us review the offer first; asking costs you nothing.

What if the truck that hit me was from Mexico?

Mexican carriers that cross at the Pharr-Reynosa bridge must follow the Federal Motor Carrier Safety Regulations and the federal insurance requirements while operating in the United States. The claim is usually handled through the carrier’s U.S. insurer or its designated process agent, and we know how to find both.

What evidence does the trucking company have that I cannot get on my own?

The electronic logs, engine data, dash camera video, dispatch messages, the driver qualification file, maintenance records and post-crash test results. Some only have to be kept for three to six months, so we send a preservation demand and follow it with formal discovery.

Where will my case be filed?

Most 18-wheeler cases from McAllen, Pharr, Mission or Edinburg are filed in the district courts or county courts at law at the Hidalgo County Courthouse, 100 N. Closner Blvd., Edinburg. An out-of-state carrier may try to move the case to federal court in McAllen. We prepare every case as if it will go to trial.

What does it cost to hire you for an 18-wheeler case?

You pay nothing to get started. We work on a contingency fee, which means we are paid a share of what we recover for you, and if there is no recovery, there is no fee.

contact Attorney Abraham Peña

Call Us (737) 999-3335

Talk to a McAllen 18-Wheeler Accident Lawyer Today

One second with an 18-wheeler can change a life, and the company behind the truck should answer for it. Call The Law Office of Abraham Peña, PLLC at (737) 999-3335, or send us a note on our contact page, to arrange a free, confidential consultation. You pay no fee unless we win, and we meet clients by appointment at 813 N Main St., Suite 404, McAllen. ¡Hablamos español! Esta página también está disponible en español: abogado de accidentes de tráiler en McAllen.