In a Texas 18-wheeler accident, liability can fall on the truck driver, the trucking company, a cargo loading contractor, the vehicle manufacturer, or any combination of those parties. Identifying every liable defendant is one of the most important steps in an 18-wheeler injury case because it directly determines how much insurance coverage is available to compensate you.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

The Truck Driver

The most obvious starting point is the driver behind the wheel. A commercial truck driver can be found negligent for a wide range of conduct, including:

• Fatigued driving in violation of FMCSA hours of service rules under 49 CFR Part 395
• Distracted driving — phone use, GPS manipulation, or eating while operating the vehicle
• Speeding or aggressive driving on high-traffic corridors like the I-2/US-83 route through McAllen
• Driving under the influence of drugs or alcohol
• Failure to perform pre-trip inspections as required by 49 CFR Part 396

When a driver violates a federal regulation and that violation causes a crash, the legal doctrine of negligence per se may apply. Under negligence per se, the violation of a statute or regulation is treated as direct evidence of negligence, shifting the burden significantly toward the defendant.

The Trucking Company

In most commercial truck accident cases in Texas, the employer — the trucking company — carries more insurance and more legal exposure than the individual driver. There are several independent theories under which a trucking company can be held liable.

Respondeat Superior (Vicarious Liability)

Under the doctrine of respondeat superior, an employer is legally responsible for the negligent acts of an employee committed within the scope of employment. If the truck driver was on duty and performing a work-related task when the crash occurred, the trucking company is vicariously liable for the driver’s negligence. This doctrine applies even if the company did nothing directly wrong.

Negligent Hiring and Retention

A trucking company has an independent duty to screen drivers before hiring them and to remove dangerous drivers from service. If a company hired a driver with a history of DUIs, prior serious accidents, or a suspended commercial driver’s license (CDL), the company can face a negligent hiring claim. Federal Motor Carrier Safety Administration (FMCSA) regulations require carriers to investigate driver background, review motor vehicle records, and verify medical certifications before putting a driver behind the wheel.

Negligent Supervision and Training

Beyond the initial hire, trucking companies are responsible for ongoing driver supervision and training. A company that fails to enforce its own hours of service policies, ignores repeated ELD (electronic logging device) violations, or skips required performance reviews can be held liable when those failures contribute to a crash.

Negligent Maintenance

Under 49 CFR Part 396, motor carriers must systematically inspect, repair, and maintain all commercial vehicles in their fleet. Brake failures, tire blowouts, defective lighting, and steering system failures caused by deferred maintenance give rise to direct negligence claims against the carrier. Maintenance records are discoverable in litigation and often reveal patterns of neglect.

Cargo Loaders and Shippers

When improperly loaded or secured cargo causes an accident — whether through a load shift that destabilizes the trailer, falling debris that strikes other vehicles, or an overweight truck that cannot brake safely — the party responsible for loading can share liability. Under 49 CFR Part 393, cargo must be properly distributed and secured. If a third-party shipper or loading dock contractor violated these standards, they may be named as a defendant alongside the carrier.

Overloaded trucks are a known hazard on Texas roads. An 18-wheeler legally loaded to the federal maximum of 80,000 pounds requires significantly more stopping distance than a passenger vehicle. Any excess weight beyond the legal limit compounds that danger and creates additional liability exposure.

The Truck or Parts Manufacturer

If a mechanical defect in the truck, trailer, braking system, tires, or another component contributed to the crash, the manufacturer of that component can be held liable under a products liability theory. Products liability claims do not require proof of negligence — they require proof that the product was defective and that the defect caused injury. These claims can be pursued in addition to negligence claims against the driver and carrier.

Why Multiple Defendants Matter

Pursuing all potentially liable parties is not just a legal strategy — it is a practical necessity. A single truck driver is unlikely to have personal assets sufficient to compensate a victim for catastrophic injuries, long-term disability, or wrongful death. Commercial trucking companies, on the other hand, are required by federal law to carry substantial minimum insurance coverage.

Under 49 CFR § 387.9, the minimum liability insurance required for carriers transporting general freight in interstate commerce is $750,000. Carriers hauling hazardous materials must carry between $1,000,000 and $5,000,000. Many large carriers carry policies well above these minimums. When multiple defendants are named — driver, company, loader, manufacturer — the combined available coverage increases substantially.

Texas courts also recognize joint and several liability in certain circumstances, meaning that when multiple defendants share fault, each can potentially be held responsible for the full judgment amount depending on their percentage of fault and the specific facts of the case.

Evidence That Establishes Liability

Building a liability case against multiple defendants requires rapid evidence collection. Trucking companies dispatch their own accident response teams — investigators, adjusters, and defense attorneys — to crash scenes within hours of a serious accident. These teams begin preserving evidence favorable to the company and limiting the company’s exposure immediately.

Key evidence in an 18-wheeler liability case includes:

• Electronic logging device (ELD) records and black box (EDR) data, which are typically overwritten within 30 days
• Driver qualification files, drug and alcohol testing records, and CDL history
• Maintenance and inspection records for the specific vehicle involved
• FMCSA safety rating and inspection history for the carrier
• Dashcam and traffic camera footage
• Eyewitness statements and police reports
• Cell phone records establishing distraction at the time of the crash

An attorney who handles 18-wheeler cases can issue a spoliation letter demanding that the trucking company preserve all of this evidence before it is destroyed or overwritten. Without that letter, critical data may be gone before litigation begins.

Texas Statute of Limitations

Under Texas Civil Practice and Remedies Code § 16.003, personal injury claims must be filed within two years of the date of the accident. While two years may seem like sufficient time, the reality is that the most important evidence — EDR data, ELD logs, maintenance records, and dashcam footage — must be preserved in the first days and weeks following the crash. Waiting significantly reduces the strength of any case.

Frequently Asked Questions

Can I sue both the truck driver and the trucking company?

Yes. In most 18-wheeler accident cases in Texas, you can name both the driver and the trucking company as defendants. The company is often the more important defendant because it carries substantially more insurance coverage and may have independent liability for negligent hiring, supervision, or maintenance.

What is vicarious liability in a truck accident case?

Vicarious liability, also called respondeat superior, means an employer is legally responsible for the negligent actions of its employee when those actions occur within the scope of employment. If a truck driver negligently caused your crash while on the job, the trucking company is vicariously liable even if the company itself did nothing wrong.

What if the truck driver was an independent contractor?

Trucking companies sometimes classify drivers as independent contractors to avoid liability. Texas courts and federal regulators look at the actual working relationship, not just the label. If the company controlled the driver’s routes, schedule, or equipment, a court may find that the driver was effectively an employee, making the company liable.

How does cargo loading affect liability?

If improperly secured or distributed cargo caused or contributed to the crash, the party responsible for loading — whether the trucking company itself or a third-party shipper — can be held liable. Federal regulations in 49 CFR Part 393 set mandatory cargo securement standards, and violations of those standards are evidence of negligence.

How much insurance does a trucking company have to carry?

Under 49 CFR § 387.9, commercial carriers transporting general freight must carry a minimum of $750,000 in liability insurance. Carriers hauling hazardous materials must carry $1,000,000 to $5,000,000. Many large carriers maintain policies that exceed these minimums, and umbrella policies can push total coverage significantly higher.

What is negligent entrustment in a truck accident case?

Negligent entrustment occurs when a trucking company allows a driver it knew or should have known to be incompetent or unfit to operate one of its vehicles. If a company allowed a driver with a disqualified CDL, a history of serious violations, or known substance abuse issues to operate a commercial truck, the company can be directly liable under this theory.

Does it matter if the truck driver was cited at the scene?

A traffic citation is relevant evidence of negligence, but it is not required to pursue a claim, and it does not automatically resolve the civil case. Many seriously negligent drivers are never cited at the scene. The civil standard — preponderance of the evidence — is lower than the criminal standard, and violations of FMCSA regulations can establish negligence even without a citation.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

If you were hit by a semi-truck in Texas, you should call 911 immediately, seek medical attention even if you feel fine, document the scene thoroughly, and contact a truck accident attorney before speaking with the trucking company’s representatives. The actions you take in the first 24 to 48 hours after the crash are often the most important factor in the outcome of your case.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

Why Semi-Truck Accidents Are Different From Car Accidents

An 18-wheeler loaded to the federal maximum weighs up to 80,000 pounds and can stretch 70 to 80 feet in length. When that mass strikes a passenger vehicle, the resulting injuries are typically far more severe than those from a standard two-car collision. Traumatic brain injuries, spinal cord damage, internal organ injuries, and fatalities are common outcomes.

The legal landscape is also more complicated. Trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA), employ their own accident response teams, and carry insurance policies worth hundreds of thousands to millions of dollars. They know how to minimize claims. You need to know how to protect yours.

Step 1: Call 911

Call 911 from the scene as soon as it is safe to do so. A police report from a Texas Department of Public Safety trooper or local law enforcement officer is foundational evidence in any truck accident claim. The report will document the positions of the vehicles, note any visible violations, and often record witness contact information. In Texas, you are required by law to report accidents involving injury, death, or property damage exceeding $1,000.

Do not assume the truck driver or the trucking company will accurately report what happened. Get your own official record.

Step 2: Seek Medical Attention Immediately

Go to the emergency room or an urgent care clinic as soon as possible — even if you do not feel seriously injured. Adrenaline commonly masks pain in the hours following a serious collision. Conditions such as traumatic brain injury, internal bleeding, herniated discs, and soft tissue damage may not produce obvious symptoms until hours or days later.

Delaying medical care creates two problems. First, it can allow serious injuries to worsen. Second, the trucking company’s insurance adjuster will argue that your injuries were not caused by the crash or were not serious enough to require immediate care. A continuous medical record starting from the day of the accident is critical to documenting causation.

Step 3: Document the Scene

If you are physically able to do so safely, document everything at the scene before vehicles are moved:

• Photograph the damage to all vehicles from multiple angles
• Photograph the truck’s license plate, DOT number, and company name on the cab and trailer
• Photograph road conditions, skid marks, debris fields, and traffic signs or signals
• Photograph your own visible injuries
• Record video of the overall scene if possible
• Get the names, contact information, and statements from any eyewitnesses
• Write down everything you remember about what happened, in as much detail as possible, as soon as you can

The DOT number on the truck cab allows your attorney to immediately pull the carrier’s FMCSA safety record, inspection history, and prior violations — information that is publicly searchable and often highly relevant to the case.

Step 4: Get the Driver’s Information

Obtain the following from the truck driver before leaving the scene, or ask law enforcement to document it in their report:

• Full name and contact information
• Commercial driver’s license (CDL) number and issuing state
• Trucking company name, address, and phone number
• Insurance carrier and policy number
• Vehicle identification number (VIN) for the truck and trailer

Step 5: Do Not Sign Anything From the Trucking Company

This step cannot be overstated. Within hours of a serious commercial truck accident, the trucking company’s insurance adjusters and sometimes attorneys may contact you — at the scene, at the hospital, or at your home. They may express concern, offer a quick settlement, or ask you to sign documents they describe as routine paperwork.

Do not sign anything. Do not give a recorded statement. Do not accept any settlement offer before speaking with an attorney.

Early settlement offers from trucking company insurers are almost always far below the actual value of the claim. Once you sign a release, you give up the right to seek further compensation — even if your injuries turn out to be far more serious than initially understood. Spinal injuries, for example, can require surgery months after the accident.

Step 6: Understand the Trucking Company’s Response Protocol

Large trucking companies and their insurers deploy what the industry calls “go teams” — specialized accident response units that include investigators, adjusters, and sometimes attorneys. These teams can be on-site within hours of a serious crash. Their job is to gather and preserve evidence favorable to the company, document the scene before conditions change, and begin building the defense.

You are at a significant disadvantage if you do not have your own representation acting with equal urgency.

Step 7: Preserve Evidence — Contact an Attorney Immediately

The most time-sensitive evidence in an 18-wheeler accident case is also the most valuable:

Black Box (EDR) and ELD Data

Commercial trucks are equipped with event data recorders (EDRs), sometimes called black boxes, that capture vehicle speed, brake application, engine RPM, and other data in the seconds before a crash. They also carry electronic logging devices (ELDs) mandated under 49 CFR § 395.8 that record hours of service data showing whether the driver was in violation of federal driving limits at the time of the accident. This data is typically stored on a rolling basis and can be overwritten within 30 days — sometimes sooner.

Driver Logbooks and Qualification Files

Paper logbooks, ELD records, driver qualification files, drug and alcohol test results, and training records are all subject to retention requirements under FMCSA regulations. An attorney can issue a formal spoliation letter demanding that the trucking company preserve all of this evidence and place a litigation hold on any data subject to destruction.

Dashcam and Surveillance Footage

Many commercial trucks carry forward-facing and driver-facing cameras. Footage from nearby businesses or traffic cameras along routes like the I-2/US-83 corridor through the Rio Grande Valley may also capture the crash. This footage is often retained for only a short period before being automatically overwritten.

Step 8: Track All of Your Losses

From the date of the accident forward, document every financial and personal loss connected to the crash:

• All medical bills, prescriptions, and out-of-pocket expenses
• Days of work missed and any reduction in earning capacity
• Costs of transportation to medical appointments
• Personal journal entries describing your pain, limitations, and the effect of your injuries on daily life

These records form the foundation of your damages calculation. Non-economic damages such as pain and suffering are harder to quantify, and a detailed personal record of how the injuries have affected your life is some of the most persuasive evidence available.

Texas Statute of Limitations

Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of the accident to file a personal injury lawsuit. However, the practical deadline for preserving critical evidence is measured in days, not years. Acting quickly gives your attorney the best opportunity to obtain EDR data, ELD records, dashcam footage, and witness statements before they are lost.

Frequently Asked Questions

What if I feel fine right after the crash — should I still see a doctor?

Yes. You should seek medical evaluation immediately regardless of how you feel. Adrenaline can mask pain for hours after a serious collision, and conditions such as traumatic brain injury, internal bleeding, and spinal damage may not produce obvious symptoms right away. A medical record documenting your condition starting on the day of the accident is essential to your case.

Can I talk to the trucking company’s insurance adjuster?

You are not required to speak with the trucking company’s insurer, and you should not do so before consulting an attorney. Insurance adjusters are trained to gather information and minimize payouts. Anything you say — including an innocent description of the events — can be used to reduce or deny your claim.

How fast does a trucking company respond after a serious accident?

Major trucking companies and their insurers routinely deploy accident response teams within hours of a serious crash. These teams are focused on protecting the company’s interests. This is why contacting an attorney as quickly as possible after the accident is critical — your attorney can act with the same urgency to preserve evidence on your behalf.

What is a spoliation letter?

A spoliation letter is a formal written demand from your attorney to the trucking company and its insurer requiring them to preserve all relevant evidence — including EDR/ELD data, maintenance records, driver logs, and communications — and to place a litigation hold that stops any routine destruction of that evidence. If a company destroys evidence after receiving a spoliation letter, a court can instruct the jury to assume the destroyed evidence was unfavorable to the company.

What if the truck driver fled the scene?

If the truck driver left the scene, document as much as you can — especially any partial plate numbers, the truck color and markings, the DOT number if visible, and the direction of travel. Report this to law enforcement immediately. Depending on the circumstances, uninsured/underinsured motorist coverage on your own auto policy may provide some recovery even if the driver is not immediately identified.

Should I post about my accident on social media?

No. Do not post about the accident, your injuries, or your legal case on any social media platform. Defense attorneys and insurance adjusters routinely monitor the social media accounts of claimants. A photo showing you walking normally or a post minimizing the incident can be used against you in negotiations or at trial.

How long do I have to file a lawsuit in Texas?

Texas Civil Practice and Remedies Code § 16.003 gives you two years from the date of the accident to file a personal injury lawsuit. Missing this deadline almost always results in a permanent bar to recovery. However, do not wait — the most critical evidence must be preserved in the days and weeks immediately following the crash.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

What to Do If an Uninsured Driver Hit You in McAllen, Texas

If an uninsured driver hit you in McAllen, you still have legal options to recover compensation — but the path forward depends on your own insurance coverage, the financial situation of the at-fault driver, and how quickly you act to protect your rights. This is not an uncommon situation in the Rio Grande Valley: approximately one in five Hidalgo County drivers carries no auto insurance at all, which means the risk of being hit by an uninsured motorist here is significantly higher than in many parts of Texas.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

How Common Is This Problem in Hidalgo County?

The uninsured driver problem in McAllen and the surrounding Rio Grande Valley is not a minor inconvenience — it is a pervasive risk that every driver should plan for. With roughly 20% of Hidalgo County drivers estimated to be uninsured, you face a meaningful chance on any given day that the person who rear-ends you on US-83 or runs the red light at Nolana and 23rd Street carries no liability coverage. Texas law requires drivers to carry minimum liability insurance of $30,000 per person and $60,000 per occurrence, but the requirement is not universally followed. Understanding your options before a crash — and acting correctly after one — can be the difference between full compensation and nothing.

Step 1: Call the Police and Secure a Crash Report

Always call the police immediately after any collision in McAllen. A Texas Peace Officer’s Crash Report documents the identities of the drivers involved, the absence of insurance information, road conditions, and any citations issued. This report is important not only for any lawsuit but also for your UM/UIM claim with your own insurer. Do not let the other driver talk you out of calling police. An uninsured driver who asks you to “handle it privately” is asking you to waive your rights.

Step 2: Understand Your Uninsured Motorist Coverage

Uninsured motorist (UM) coverage is an optional add-on to your Texas auto policy that pays for your injuries and damages when the at-fault driver has no insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance but not enough to fully cover your losses. Under Texas Insurance Code § 1952.101 et seq., insurers in Texas are required to offer UM/UIM coverage, but drivers may reject it in writing. Many drivers do not remember whether they accepted or rejected it when they signed their policy.

Pull out your insurance policy or call your agent right now to check whether you have UM/UIM coverage and what your limits are. If you do, this coverage is your primary financial protection when an uninsured driver causes your accident.

What UM Coverage Pays For

• Your medical expenses, including hospitalization, surgery, and rehabilitation
• Lost wages during your recovery
• Pain and suffering
• Vehicle repair or replacement (under a separate “uninsured motorist property damage” provision, if included)
• Future medical care and lost earning capacity for serious injuries

Step 3: Filing a UM/UIM Claim — What to Expect

Even though you are filing with your own insurance company, do not assume the process will be easy or that your insurer is on your side. Your insurer has the same financial incentive to minimize your payout that any other insurance company has. They may dispute the severity of your injuries, challenge the causation of your medical bills, or claim your claim exceeds your policy limits.

Under Texas law, your insurer must acknowledge receipt of your claim within 15 days and accept or deny the claim within 15 business days after receiving all required items (Tex. Ins. Code § 542.056). Violating these deadlines can expose your insurer to penalties under the Texas prompt payment statute, including 18% annual interest and attorney’s fees.

You have the right to have an attorney represent you in a UM/UIM claim against your own insurer. This is one of the most overlooked aspects of uninsured motorist cases — people assume that dealing with their “own” company does not require a lawyer. It often does, particularly when injuries are significant.

Step 4: Suing the At-Fault Driver Directly

You can sue an uninsured driver personally in Hidalgo County District Court regardless of whether you have UM coverage. If the court enters a judgment in your favor, you are entitled to collect that amount from the at-fault driver. The challenge is that most uninsured drivers in the Rio Grande Valley are uninsured precisely because they lack significant financial resources. A judgment against someone with no assets and no insurance policy may be legally valid but practically uncollectable.

That said, pursuing a lawsuit is sometimes worthwhile, particularly when:

• The at-fault driver owns real property or a business
• The at-fault driver is employed and a wage garnishment is possible
• The judgment can be used to suspend the at-fault driver’s license under Texas Transportation Code § 601.371 until the debt is satisfied
• There are other parties who may bear responsibility — an employer if the driver was working, a vehicle owner separate from the driver, or a dram shop

Step 5: Look for Other Sources of Compensation

In some uninsured driver cases, additional sources of recovery exist beyond the at-fault driver and your UM policy:

The Vehicle Owner

If the uninsured driver was operating someone else’s vehicle, the vehicle owner may be liable under the Texas negligent entrustment doctrine. If the owner knowingly lent their vehicle to an unlicensed or incompetent driver, they can be held responsible for the resulting damages.

Employer Liability

If the uninsured driver was operating a vehicle for work purposes at the time of the crash, their employer may be vicariously liable under the legal doctrine of respondeat superior — even if the driver was not supposed to be driving on behalf of the employer at that moment.

Defective Road Conditions

If a road defect, malfunctioning traffic signal, or inadequate signage contributed to the crash, TxDOT or a local government entity may bear partial responsibility. As noted above, claims against government entities require prompt notice under the Texas Tort Claims Act.

What Not to Do After Being Hit by an Uninsured Driver

• Do not agree to settle “off the books” without involving police or insurance
• Do not give a recorded statement to your own insurer without first consulting an attorney
• Do not sign any release or settlement documents without understanding what you are giving up
• Do not assume you have no case because the at-fault driver has no money
• Do not wait — Texas’s two-year statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003 applies here too

Why Having a Lawyer Matters in Uninsured Driver Cases

Uninsured motorist cases are among the most contested in personal injury law. Your own insurer — while technically on your side — has strong financial incentives to pay as little as possible. An experienced McAllen personal injury attorney can identify all available sources of recovery, handle communications with your insurer, push back against low valuations of your claim, and litigate if necessary. In RGV cases involving uninsured drivers, knowing the full landscape of your options can mean the difference between recovering your full damages and walking away with far less than you deserve.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

Is it required to have uninsured motorist coverage in Texas?

Texas insurance companies are required to offer UM/UIM coverage, but drivers may reject it in writing. It is not mandatory to carry it, but given that roughly 1 in 5 Hidalgo County drivers are uninsured, it is a critical protection. If you do not have UM/UIM coverage, review your policy immediately and consider adding it.

Can I still recover if I have no UM coverage and the at-fault driver has no insurance?

You can still sue the at-fault driver directly. You may also have options through vehicle owner liability, employer liability, or government entity liability depending on the facts of your case. Recovery from an individual without assets is difficult but not always impossible, and an attorney can help identify all available options.

What if the at-fault driver gave me a fake insurance card at the scene?

Presenting a fake insurance card in Texas is a criminal offense. For your civil case, it does not change your legal options, but it is evidence of bad faith that your attorney can use. Report the fraudulent card to law enforcement and contact an attorney immediately.

Will filing a UM claim raise my insurance rates?

Texas law generally prohibits insurers from raising your rates solely because you filed a UM/UIM claim where you were not at fault. However, policy terms and insurer practices vary. Review your policy or consult your agent, and do not let fear of rate increases stop you from pursuing the compensation you are legally entitled to.

How long do I have to file a UM/UIM claim?

The two-year statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003 applies to the underlying personal injury claim. Your insurance policy may also include contractual notice or filing deadlines that are shorter. Read your policy carefully and consult an attorney to ensure you meet all applicable deadlines.

What if the uninsured driver fled the scene?

A hit-and-run by an uninsured driver is still covered by your UM policy in most cases, provided you report it to police promptly and provide notice to your insurer. The police report is essential. Physical contact between vehicles is typically required under Texas UM policies to prevent fraudulent phantom vehicle claims, though the specific requirements vary by policy.

Can an attorney help me if I already filed a UM claim and got a low offer?

Yes. You are not required to accept the first offer from your own insurer. An attorney can review your claim, challenge an inadequate valuation, and litigate the claim if necessary. Texas law provides remedies, including statutory penalties, if your insurer is acting in bad faith.

Trucking companies operating in McAllen and the Rio Grande Valley can be held directly liable for truck accidents caused by negligent hiring, negligent entrustment, inadequate driver supervision, and failure to maintain their commercial vehicles — independent of any negligence by the driver. Suing the trucking company, not just the driver, is often the most critical decision in an 18-wheeler injury case because it opens access to substantially greater insurance coverage and holds the party with the greatest ability to prevent the crash fully accountable.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

The I-2/US-83 Corridor and Commercial Freight in the Rio Grande Valley

The Rio Grande Valley sits at a major intersection of international and domestic commercial freight. The I-2/US-83 corridor runs directly through McAllen, connecting to the World Trade International Bridge and Pharr International Bridge, two of the busiest commercial border crossings in the United States. Hundreds of commercial semi-trucks travel this corridor daily, transporting manufactured goods, agricultural products, retail merchandise, and industrial freight between Mexico and distribution points throughout Texas and the interior United States.

This volume of commercial traffic creates elevated risk for RGV residents. Drivers unfamiliar with local road conditions, under pressure from tight cross-border delivery schedules, and operating trucks that may have deferred maintenance are a constant presence on the highways and surface streets of McAllen, Edinburg, Pharr, Mission, and surrounding communities. When those trucks are operated by companies that cut corners on safety, the consequences for local families can be devastating.

Negligent Hiring

Before placing a driver behind the wheel of a commercial vehicle, a motor carrier is required by FMCSA regulations to conduct a thorough investigation of that driver’s background. Under 49 CFR Part 391, a motor carrier must:

• Obtain the driver’s employment history for the preceding three years
• Contact each prior employer to obtain safety performance history records
• Review the driver’s motor vehicle record (MVR) from every state in which the driver held a license during the preceding three years
• Verify the driver’s commercial driver’s license (CDL) status and medical certification
• Conduct a road test or obtain a certificate of road test from a prior employer

When a trucking company skips or shortcuts these requirements — hiring a driver with a history of DUI convictions, prior serious accidents, disqualifying CDL violations, or a lapsed medical certificate — and that driver then causes an accident, the company faces a negligent hiring claim. The argument is straightforward: the company knew or should have known that the driver posed an unreasonable safety risk, and it hired them anyway.

Negligent Entrustment

Negligent entrustment is closely related to negligent hiring but extends throughout the employment relationship. Even a driver who was properly vetted at hiring can become an unsafe operator over time. A company that continues to allow a driver to operate commercial equipment after learning of a disqualifying violation, a positive drug test, a pattern of dangerous driving, or a physical condition that impairs driving can be liable for negligent entrustment of the vehicle to that driver.

Under Texas law, negligent entrustment requires proof that the owner permitted the driver to use the vehicle, that the driver was incompetent or unfit, that the owner knew or should have known the driver was incompetent, and that the driver’s incompetence was a proximate cause of the plaintiff’s injuries.

Negligent Supervision and Training

A motor carrier’s duty does not end with the initial hiring decision. Carriers must monitor driver performance on an ongoing basis, enforce compliance with federal hours of service rules, respond to safety complaints, conduct periodic evaluations, and remove drivers who demonstrate unsafe behavior. A company that ignores ELD data showing repeated hours of service violations, disregards dispatcher reports of erratic driving, or fails to remove a driver who has accumulated disqualifying points on their CDL record is independently negligent for the resulting harm.

Training deficiencies are another source of direct carrier liability. A carrier that puts a newly licensed CDL holder behind the wheel of a heavy commercial vehicle with minimal mentoring and no on-the-road training program has created a foreseeable risk of harm.

Negligent Maintenance

Under 49 CFR Part 396, motor carriers must systematically inspect, repair, and maintain every commercial motor vehicle in their fleet. Drivers are required to conduct pre-trip and post-trip inspections and submit written vehicle inspection reports (DVIRs) whenever a defect is noted. Carriers are required to review those reports, acknowledge identified defects, and certify that repairs have been made before the vehicle is returned to service.

Common maintenance-related defects that cause or contribute to Texas truck accidents include:

• Brake system failures — worn brake pads, air brake leaks, out-of-adjustment brake chambers
• Tire failures — worn tread below minimum depth, underinflation, sidewall damage
• Steering and suspension defects
• Lighting failures — broken brake lights, turn signals, or clearance lights
• Coupling and fifth-wheel defects that allow trailer separation

When maintenance records show that a defect was identified on a DVIR but the vehicle was returned to service without documented repair, the carrier faces direct and indefensible negligence exposure.

FMCSA Inspection Records Are Publicly Searchable

One of the most powerful tools available to truck accident attorneys and injured victims is the FMCSA’s publicly accessible Safety Measurement System (SMS). Available at safer.fmcsa.dot.gov, the SMS displays every carrier’s safety rating, out-of-service order history, roadside inspection results, and BASIC (Behavior Analysis and Safety Improvement Categories) scores across key safety dimensions, including:

• Unsafe Driving — speeding, reckless driving, improper lane changes
• Hours of Service Compliance — HOS violations, false log violations
• Driver Fitness — license violations, medical certification failures
• Controlled Substances and Alcohol — drug and alcohol test violations
• Vehicle Maintenance — brake violations, tire violations, lighting defects
• Cargo-Related — improper load securement violations

A carrier with BASIC scores in the intervention threshold for multiple categories — particularly Vehicle Maintenance and Hours of Service Compliance — has a documented history of systemic safety failures. This history is admissible evidence in a negligence case and can support claims for punitive damages based on gross negligence when the carrier ignored known safety problems that ultimately caused your injuries.

Why Suing the Company Matters for Your Recovery

The individual truck driver involved in your crash is almost certainly not in a position to personally compensate you for catastrophic injuries, permanent disability, or the wrongful death of a family member. Commercial motor carriers, on the other hand, are required by federal law to carry substantial liability insurance.

Under 49 CFR § 387.9, the minimum liability insurance for interstate carriers transporting general freight is $750,000. Carriers hauling hazardous materials must carry between $1,000,000 and $5,000,000. Large regional and national carriers often carry policies significantly exceeding these minimums, plus umbrella coverage that can push total available limits into the tens of millions of dollars.

Beyond insurance, the trucking company itself may have corporate assets available to satisfy a judgment. And when a carrier’s conduct rises to the level of gross negligence — such as knowingly deploying a fatigued, unqualified, or impaired driver on a public highway — Texas law allows the jury to award punitive damages designed to punish the conduct and deter similar behavior in the future.

Case Examples of Trucking Company Negligence

The following scenarios illustrate how carrier negligence commonly arises in Rio Grande Valley truck accident cases. These are hypothetical illustrations, not descriptions of actual cases.

A carrier operating on the I-2 corridor hires a driver with two prior DUI convictions disclosed on their motor vehicle record. The carrier fails to investigate the prior convictions, places the driver in a fully loaded 18-wheeler, and the driver causes a head-on collision with a family’s vehicle near Pharr. The carrier faces negligent hiring liability for failing to conduct the investigation required by 49 CFR Part 391.

A regional carrier’s fleet maintenance department receives repeated DVIR reports from drivers noting brake deficiencies on a specific tractor. The maintenance manager signs off on “no defect found” certifications without conducting a documented inspection to reduce downtime. The truck subsequently fails to stop at a signal on US-83 and strikes a motorcyclist. The carrier faces direct negligence liability for the falsified maintenance records and the resulting brake failure.

Frequently Asked Questions

Can I sue the trucking company even if the driver was at fault?

Yes. In most Texas truck accident cases, you can sue both the driver and the trucking company simultaneously. The company may be liable under respondeat superior for the driver’s negligence, and independently liable for its own negligent hiring, supervision, entrustment, or maintenance failures. Naming the company as a defendant is critical because it carries substantially more insurance than the individual driver.

How do I find out if a trucking company has prior safety violations?

The FMCSA’s Safety Measurement System at safer.fmcsa.dot.gov is publicly accessible and displays carrier safety ratings, inspection histories, and violation records organized by safety category. Your attorney can obtain more detailed records, including specific inspection reports and prior accident data, through the FMCSA’s Motor Carrier Management Information System (MCMIS) during litigation discovery.

What is the difference between negligent hiring and negligent entrustment?

Negligent hiring refers to the failure to conduct an adequate background investigation before placing a driver in service. Negligent entrustment refers to allowing an incompetent or unfit driver to continue operating a commercial vehicle after the company knows or should know that the driver is unsafe. Both theories impose direct liability on the carrier and do not require proof of driver negligence.

Does the trucking company’s safety rating affect my case?

Yes. A carrier’s FMCSA safety rating and BASIC scores are relevant evidence in a negligence case. A carrier with an “Unsatisfactory” safety rating or BASIC scores in the intervention threshold — particularly in Vehicle Maintenance or Hours of Service Compliance — has documented, systemic safety failures that support a finding of negligence and potentially gross negligence.

What if the trucking company is based outside Texas?

Texas courts have personal jurisdiction over out-of-state carriers that regularly operate in Texas or that caused injury in Texas. Many of the commercial carriers operating through McAllen and the Rio Grande Valley are based in other states or in Mexico, but if the crash occurred on Texas soil, your case can be filed in a Texas court.

Can I sue a Mexican trucking company for an accident in Texas?

Yes, though the process is more complex. Commercial carriers operating on Texas roads under cross-border operating authority must comply with FMCSA regulations and carry insurance meeting U.S. federal minimums. If a Mexican carrier operating under a USDOT number caused your accident on Texas roads, your attorney can pursue claims against that carrier in U.S. courts. The investigation will include the carrier’s FMCSA filing history and any inspection records from U.S. ports of entry.

How long do I have to sue a trucking company in Texas?

Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for personal injury claims is two years from the date of the accident. However, the most critical evidence — ELD data, maintenance records, and dashcam footage — begins disappearing within days. Retaining an attorney immediately after the accident is essential to preserving the evidence needed to hold the trucking company accountable.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Texas Car Accident Statute of Limitations: What You Need to Know

In Texas, you have two years from the date of a car accident to file a personal injury lawsuit in court. This deadline is set by Tex. Civ. Prac. & Rem. Code § 16.003, and it is one of the most important rules in Texas personal injury law. If you miss it, you almost certainly lose your legal right to recover any compensation — regardless of how serious your injuries are or how clearly the other driver was at fault.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

The Two-Year Rule Under Texas Law

Tex. Civ. Prac. & Rem. Code § 16.003(a) states that a person must bring a personal injury action not later than two years after the day the cause of action accrues. In most car accident cases, the cause of action accrues on the date of the crash itself. That means your two-year clock starts ticking the day the collision happens — not the day you finish treating, not the day the insurance company denies your claim, and not the day you decide you want to pursue litigation.

Two years sounds like a long time. It is not. Between treating for injuries, dealing with insurance adjusters, and returning to normal life, months pass quickly. By the time many crash victims consider hiring an attorney, they are already halfway through the limitations period — and the evidence that would have supported their case has started to disappear.

What Happens If You Miss the Statute of Limitations?

If you file a lawsuit after the two-year deadline has expired, the defendant will almost certainly file a motion to dismiss based on limitations. Texas courts grant these motions routinely. Your case will be dismissed, and you will be left with no legal remedy — even if the other driver ran a red light, was drunk, and caused you a permanent injury. No amount of compelling evidence can save a case once the statute of limitations has run.

This outcome is not theoretical. It happens to real people who waited too long, assumed the insurance company was handling things, or did not realize that an insurance negotiation and a court filing are two entirely different things. Negotiating with an adjuster does not stop the limitations clock.

Exceptions to the Two-Year Deadline

Texas law recognizes a limited number of situations in which the statute of limitations may be extended or paused. These are narrow exceptions, not loopholes, and they require specific facts to apply.

Minors

Under Tex. Civ. Prac. & Rem. Code § 16.001, if the injured person is a minor at the time of the crash, the two-year limitations period does not begin until they turn 18. A child injured in a car accident therefore has until their 20th birthday to file. However, a parent or guardian can — and often should — file on the child’s behalf sooner to preserve evidence and protect the claim while memories and records are fresh.

The Discovery Rule

In some cases, an injury is not immediately apparent. The discovery rule can delay the start of the limitations period until the injured person knew or reasonably should have known that they had suffered an injury caused by someone else’s conduct. This rule is most commonly applied in cases involving latent injuries or situations where the cause of the harm was concealed. Courts apply the discovery rule narrowly in car accident cases, because the collision itself is typically obvious even when the full extent of injuries is not yet clear.

Legal Disability

If the injured person is of unsound mind at the time of the accident — for example, incapacitated by a traumatic brain injury sustained in the crash — the limitations period may be tolled during the period of incapacity under Tex. Civ. Prac. & Rem. Code § 16.001(a).

Claims Against Government Entities

If your accident was caused in whole or in part by a government entity — a city vehicle, a TxDOT road defect, or a traffic signal malfunction — the timeline is actually shorter and more complicated, not longer. Under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.101), you may be required to provide formal written notice to the government entity within six months of the incident. Missing this notice requirement can bar your claim entirely, separate from the standard two-year limitations period. If a government vehicle or road condition was involved in your McAllen crash, contact an attorney immediately.

Fraudulent Concealment

If the defendant actively concealed facts that prevented you from discovering your cause of action, a court may toll the limitations period until you discovered — or should have discovered — the concealment. This doctrine requires clear evidence of intentional misconduct and is rarely applied in standard car accident cases.

Why Acting Fast Protects Your Case — Even Before the Deadline

The statute of limitations sets the outer boundary, but waiting until the last minute is a serious mistake. Here is why acting early matters:

• Surveillance footage: Businesses near crash sites on US-83, Business 83, or Nolana Avenue typically overwrite their video within 30 to 90 days. Once it is gone, it cannot be recovered.
• Witness memory: Eyewitnesses forget details, move away, or become difficult to locate. A statement taken two weeks after a crash is far more reliable than one taken two years later.
• Medical records and causation: A gap between the accident and your first medical treatment gives insurance companies ammunition to argue your injuries were caused by something else. Immediate medical attention documents the connection.
• Vehicle inspection: Damaged vehicles are repaired or scrapped. The physical evidence of a collision — crush depth, point of impact, airbag deployment data — can be critical in disputed liability cases.
• Insurance investigation: The at-fault driver’s insurer is investigating your claim from day one. You should have legal representation doing the same.

Property Damage Claims Have the Same Deadline

The two-year statute of limitations under § 16.003 also applies to property damage claims arising from a car accident. If you only filed a personal injury claim and forgot about your totaled vehicle, or vice versa, you need to address both within the same two-year window.

Wrongful Death Claims: Also Two Years

If a family member died as a result of a car accident in Texas, the wrongful death statute under Tex. Civ. Prac. & Rem. Code § 16.003 similarly allows two years from the date of death to file. Surviving spouses, children, and parents of the deceased are eligible to bring a wrongful death claim. A separate survival action — which belongs to the deceased’s estate — follows the same deadline.

What to Do Right Now If You Were in a McAllen Car Crash

• Seek medical treatment immediately, even if you feel “okay” — adrenaline masks pain
• Obtain the Texas Peace Officer’s Crash Report from the McAllen Police Department or TxDOT
• Photograph the scene, your vehicle, other vehicles, road conditions, and any visible injuries
• Do not give a recorded statement to any insurance adjuster before consulting an attorney
• Write down everything you remember about the crash while your memory is fresh
• Contact a McAllen personal injury attorney as soon as possible to protect your rights

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

Does the two-year clock start on the crash date or when I found out about my injuries?

In most car accident cases, the clock starts on the date of the crash under Tex. Civ. Prac. & Rem. Code § 16.003. The discovery rule — which delays the start until you knew or should have known about the injury — is applied narrowly to car accidents because the event itself is obvious. If you believe a latent injury was not immediately apparent, discuss this with an attorney right away.

Does negotiating with an insurance company pause the statute of limitations?

No. Negotiating with an insurance adjuster, exchanging demand letters, or being told a claim is “under review” does nothing to stop the two-year clock. The only way to preserve your right to sue is to file the lawsuit in court before the deadline.

What if the at-fault driver was uninsured and I am filing with my own insurer?

The two-year statute of limitations still applies to a civil lawsuit. Your UM/UIM claim against your own insurer may also be subject to contractual deadlines in your policy that are separate from the statutory period. Review your policy and consult an attorney to understand both timelines.

My child was hurt in a car accident in McAllen — how long do we have?

Under Tex. Civ. Prac. & Rem. Code § 16.001, the limitations period for a minor does not begin until their 18th birthday, giving them until age 20 to file. However, waiting that long is rarely advisable — evidence disappears and memories fade. Filing sooner protects the claim.

What if a city bus or government vehicle caused my accident in McAllen?

Claims against governmental entities are governed by the Texas Tort Claims Act, which requires written notice within six months of the incident (Tex. Civ. Prac. & Rem. Code § 101.101). This is shorter than the general two-year period and is a strict requirement. Contact an attorney immediately if a government vehicle was involved.

If I was in a hit-and-run, does the statute of limitations still apply?

Yes. The two-year deadline applies to any personal injury claim arising from a car accident, including hit-and-runs. In a hit-and-run scenario, you may pursue a claim through your own uninsured motorist (UM) coverage. Your insurer’s policy may include its own reporting and notice requirements, which can be triggered much earlier than two years.

Can an attorney still help me if my accident was 18 months ago?

Yes — but you need to act now. With six months remaining on your limitations period, there is still time to investigate, file, and build your case. The risk is not just missing the deadline; it is that the evidence you need may already be partially degraded. Contact an attorney immediately so a preservation strategy can be put in place.

Rear-End Accident Lawyer in McAllen, Texas — What You Need to Know

In a rear-end collision, the driver who struck you from behind is almost always legally responsible for the crash — but “almost always” is not the same as “automatically,” and insurance companies will look for every opportunity to dispute your injuries or reduce their payout. If you were rear-ended in McAllen or anywhere in the Rio Grande Valley, understanding your rights, the full value of your claim, and how insurers handle these cases is critical before you accept any settlement offer.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

Why Rear-End Crashes Are So Common on McAllen Roads

McAllen’s road network was not built for the volume of traffic it now carries. With 2,853 car crashes recorded in 2024 — an average of 7.8 per day — and concentrated traffic on high-volume corridors like I-2/US-83 and Business 83, rear-end collisions are an everyday occurrence. Business 83, which serves as the city’s commercial spine, is particularly dangerous: heavy commercial traffic, frequent stops at shopping plazas, abrupt lane changes, and distracted drivers create conditions where following too closely leads predictably to rear impacts.

Trenton Road, Spur 115, and FM 2061/South McColl Road also see high volumes of rear-end crashes, particularly during morning and evening commute hours. Stop-and-go traffic in these areas leaves little margin for distracted or fatigued drivers — and when a vehicle in front slows suddenly, the result is often a rear-end collision at highway or near-highway speeds.

Who Is at Fault in a Rear-End Crash?

Texas traffic law requires every driver to maintain a safe following distance and remain in control of their vehicle. Under Tex. Transp. Code § 545.062, a driver shall follow a vehicle no more closely than is reasonable and prudent, considering the speed of the vehicles, traffic, and road conditions. When a rear-end crash occurs, the following driver is presumed to have violated this duty — either by following too closely, driving while distracted, failing to observe a stop signal, or reacting too slowly to a hazard.

This presumption of fault against the rear driver is strong but not absolute. Insurance adjusters will investigate for any evidence that the front driver contributed to the crash — a sudden lane change without signaling, reversing unexpectedly, brake failure, or driving with non-functioning brake lights. In Texas, if you are found to be 51% or more at fault under the comparative negligence framework in Tex. Civ. Prac. & Rem. Code Ch. 33, you cannot recover anything. Even a partial fault finding reduces your recovery proportionally. This is why insurance companies investigate front drivers in rear-end cases, even when the fault appears obvious.

Injuries in Rear-End Accidents: What to Expect

Whiplash and Soft Tissue Injuries

Whiplash is the most common injury in rear-end crashes, and it is among the most frequently disputed by insurance companies. When a rear impact forces your head and neck forward and back rapidly, the muscles, tendons, and ligaments of the cervical spine are stretched beyond their normal range of motion. The result can include neck pain, stiffness, headaches, shoulder pain, and limited range of motion. Symptoms often do not appear until 24 to 72 hours after the crash, which is one reason many crash victims make the mistake of declining medical treatment at the scene and find themselves without documentation of the injury when symptoms emerge days later.

Insurance adjusters are trained to minimize whiplash claims. They will point to low property damage estimates, the absence of visible injuries in crash photos, and a gap in treatment to argue your injuries are fabricated or exaggerated. An experienced attorney anticipates this defense and builds a medical record that counters it directly.

Herniated and Bulging Discs

Rear-end impacts at moderate to high speeds can herniate cervical or lumbar discs, causing pain, numbness, or weakness that radiates into the arms or legs. Disc injuries are frequently invisible on initial X-rays but show clearly on MRI. If you had neck or back pain after a rear-end crash that was not adequately evaluated, request an MRI referral from your treating physician. A documented disc herniation caused by the crash is a significant injury that substantially increases the value of your claim.

Traumatic Brain Injury

Even without a direct blow to the head, the acceleration-deceleration forces in a rear-end crash can cause a concussion or mild traumatic brain injury (mTBI). Symptoms include headaches, cognitive fog, memory problems, irritability, light sensitivity, and sleep disturbance. mTBI is frequently underdiagnosed after car accidents because victims attribute these symptoms to stress or “feeling shaken up.” If you experienced any of these symptoms after a rear-end crash, seek evaluation from a physician with experience in concussion assessment.

Lower Back Injuries

The lumbar spine is also vulnerable in rear impacts. Compression injuries, sacroiliac joint dysfunction, and lumbar disc herniations can cause severe, lasting lower back pain. These injuries may require physical therapy, epidural steroid injections, or surgery — all of which must be documented as part of your damages claim.

How Insurance Companies Fight Rear-End Injury Claims

Insurance companies — including the at-fault driver’s insurer and sometimes your own — have a playbook for minimizing rear-end injury claims. Understanding their tactics helps you avoid them:

• The early recorded statement: An adjuster calls within days of the crash asking for a recorded statement “just to understand what happened.” Statements made before you have fully assessed your injuries are often used against you later.
• The low-damage argument: They hire engineers to argue that because the property damage to your vehicle was minor, the forces involved could not have caused significant injury. This argument is scientifically contested and successfully challenged with proper biomechanical evidence.
• The pre-existing condition defense: They obtain your prior medical records and argue that your neck or back pain existed before the crash. Texas law still entitles you to recover for the aggravation of a pre-existing condition — but you need documentation showing how the crash worsened your baseline condition.
• The gap in treatment: If you stopped treating or had a gap between appointments, they will argue your injuries resolved. Documenting your treatment consistently and following your physician’s recommendations is essential.
• The quick settlement offer: Early low-ball offers, sometimes made before you are fully recovered, attempt to close your claim before its full value is known. Signing a release extinguishes your right to seek more compensation even if your condition worsens.

Why Hiring an Attorney After a Rear-End Crash in McAllen Matters

Many rear-end crash victims assume their case is simple because liability seems clear. But the gap between “clear liability” and “full compensation” is where insurance companies operate. An attorney can send a spoliation letter to preserve dashcam footage and black box data before it is overwritten, retain biomechanical engineers to counter the low-damage defense, build a comprehensive medical record linking your injuries to the crash, calculate the full value of your claim including future medical expenses and non-economic damages, and negotiate from a position of credible litigation readiness rather than desperation for a quick settlement.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

Is the rear driver always at fault in a rear-end accident in Texas?

Almost always, but not automatically. The rear driver is presumed to be at fault because Texas law requires maintaining a safe following distance. However, if the front driver made an unexpected maneuver — like cutting in without space or braking for no reason — fault can be shared or shifted. Insurance companies investigate both drivers, which is why documentation is important.

What if I did not feel pain immediately after the crash?

Delayed pain is extremely common after rear-end crashes. Adrenaline can mask symptoms for hours or days. You should seek medical evaluation as soon as possible even if you feel fine at the scene — both for your health and to document any developing injury before a gap in treatment is used against you.

My car had only minor damage — can I still have a real injury?

Yes. Biomechanical research shows that significant cervical spine forces can be generated in crashes with minor vehicle damage. Low property damage does not equal low injury risk. Insurance companies frequently use the low-damage argument to dismiss soft tissue and disc injury claims, but this defense can be challenged with proper expert testimony.

How long do I have to file a rear-end accident claim in Texas?

Two years from the date of the crash under Tex. Civ. Prac. & Rem. Code § 16.003. However, waiting to hire an attorney means lost evidence — dashcam footage, surveillance video, and witness memories degrade quickly. Contact an attorney as soon as possible after the crash.

Can I recover for a pre-existing back or neck condition that the crash made worse?

Yes. Texas law allows recovery for the aggravation of a pre-existing condition. You are entitled to compensation for the worsening of your condition caused by the crash, even if your spine was not perfect before the accident. This is called the “eggshell plaintiff” doctrine — defendants take their victims as they find them.

What if the at-fault driver’s insurance offered me a quick settlement?

Do not accept it without consulting an attorney. Early settlement offers are almost always lower than the full value of your claim, and they are made before the full extent of your injuries is known. Once you sign a release, you cannot go back for more even if you need surgery months later.

Does it matter that I was not wearing a seatbelt when I was rear-ended?

Texas courts may allow evidence of seatbelt non-use to reduce your recovery under comparative negligence principles. However, this does not mean you have no claim — it may result in a reduction of your damages, not elimination of your case. An attorney can evaluate how this issue affects your specific situation.

How much is a rear-end accident case worth in McAllen?

The value depends on your specific injuries, medical costs, lost wages, the permanence of any disability, and the available insurance coverage. Minor soft-tissue cases may settle for a few thousand dollars; cases involving disc herniations requiring surgery, TBI, or permanent impairment can be worth substantially more. An honest attorney will give you a realistic estimate after reviewing your medical records and the facts of your case.

Intersection Accident Attorney in McAllen, Texas

Intersection accidents in McAllen account for a disproportionate share of the city’s 2,853 annual car crashes, and they are among the most legally complex collisions to resolve — because two or more drivers often tell conflicting stories about who had the right of way. If you were hurt in an intersection crash anywhere in the Rio Grande Valley, understanding how fault is established, what evidence matters most, and how Texas law protects your right to compensation is the first step to recovering what you are owed.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

McAllen’s Most Dangerous Intersections

Not all intersections in McAllen are equally hazardous. Based on crash data and local traffic patterns, the following corridors and crossings have been identified as high-frequency collision sites:

• Business 83 and 10th Street: One of the busiest commercial corridors in McAllen, where heavy retail traffic, frequent left turns, and compressed signal timing create regular rear-end and angle crash conditions.
• Nolana Avenue and 23rd Street: A fast-moving arterial road where failure-to-yield and red-light violations are recurring factors in serious collisions.
• Sam Houston Boulevard and Jackson Avenue: A high-volume intersection in an area of rapid commercial and residential growth, where traffic volumes have outpaced road design.
• Trenton Road and 10th Street: A mixed residential and commercial zone with complex traffic patterns and a documented history of angle crashes.
• I-2/US-83 access ramps: Merging conflicts and high-speed traffic make entry and exit points along the interstate particularly hazardous, especially during peak hours.
• Spur 115 and FM 2061/South McColl Road: Growing traffic volumes on these southern corridors have created conflict points that were not present when these roads were originally designed.

If your crash happened at or near one of these locations, there may be a documented crash history at that site — information that can support your claim by demonstrating that the intersection’s design or signal timing was a contributing factor alongside the other driver’s negligence.

Common Causes of Intersection Crashes in McAllen

Failure to Yield the Right of Way

Under Tex. Transp. Code § 545.151 through § 545.156, Texas law sets clear right-of-way rules at intersections. Drivers entering an intersection from a stop sign, making a left turn, or merging from a private driveway must yield to oncoming traffic. Failure to yield is one of the leading causes of angle crashes — also called T-bone or broadside collisions — which produce serious injuries because the sides of vehicles offer far less protection than the front or rear.

Red Light Violations

Running red lights is a straightforward traffic violation under Tex. Transp. Code § 544.007, but it is also extremely dangerous and extremely common. A driver who enters an intersection on a red light typically strikes another vehicle perpendicularly, producing high-energy crashes that cause spinal injuries, traumatic brain injuries, broken bones, and fatalities. Establishing that the other driver ran a red light — through traffic camera footage, dashcam video, or witness testimony — is often the central factual dispute in these cases.

Distracted Driving

Texas banned texting while driving in 2017, but distracted driving remains a major cause of intersection crashes throughout McAllen. A driver looking down at a phone for even two seconds while approaching an intersection can fail to register a red signal or a vehicle crossing in front of them. Phone records, obtained through the discovery process in litigation, can establish that the at-fault driver was using their device at the moment of impact.

Left-Turn Collisions

A driver making an unprotected left turn bears the duty to yield to oncoming traffic. Left-turn crashes at McAllen intersections are common, and the turning driver is typically found at fault — unless they had a protected green arrow, the oncoming driver was speeding, or the oncoming driver ran a red light. These cases require careful analysis of the specific signal phase and timing at the intersection.

Impaired Driving

Alcohol and drug impairment significantly elevates the risk of intersection crashes by slowing reaction times and impairing judgment about gaps in traffic and signal status. Impaired driving accounts for 40% of fatal crashes in Texas. An intersection crash caused by a drunk or drugged driver may support a punitive damages claim in addition to compensatory recovery.

How Fault Is Determined in an Intersection Crash

Intersection crashes are routinely disputed because both drivers typically claim they had the right of way. The following types of evidence are most important in establishing fault:

• Traffic and surveillance cameras: Many McAllen intersections are monitored by city traffic cameras. Nearby businesses — gas stations, pharmacies, fast food restaurants — often have exterior cameras with views of the street. This footage must be preserved immediately through legal demand letters before it is overwritten.
• Dashcam footage: If your vehicle or the at-fault vehicle was equipped with a dashcam, that footage can be decisive. An attorney can send an evidence preservation demand letter to prevent the destruction of this data.
• Event data recorder (black box) data: Most modern vehicles record speed, braking, and throttle data in the seconds before a crash. This data, obtained via subpoena or through a vehicle inspection, can corroborate or contradict a driver’s account of the crash.
• Eyewitness testimony: Pedestrians, cyclists, and occupants of other vehicles near the intersection may have seen the crash. Witness statements taken close in time to the crash are far more reliable than those taken months or years later.
• Accident reconstruction: In serious crash cases, an accident reconstruction expert can analyze physical evidence — point of impact, crush damage, tire marks, vehicle positions — to determine the speed and direction of each vehicle and who entered the intersection first.
• Police crash report: The responding officer’s report, including any citations issued, reflects the officer’s assessment of fault based on their investigation. While not conclusive, it carries weight in settlement negotiations.

Texas Comparative Negligence in Intersection Crashes

Because intersection crashes often involve disputed facts, insurance companies frequently attempt to assign partial fault to the crash victim. Under Texas’s modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code Ch. 33), your damages are reduced by your percentage of fault — and if you are found 51% or more at fault, you recover nothing. Even a 20% or 30% fault assignment can cost you thousands of dollars in reduced compensation. This is one of the primary reasons intersection crash victims benefit from legal representation: an attorney who thoroughly investigates the scene and secures evidence quickly can prevent bad-faith fault assignments from sticking.

Injuries Commonly Seen in Intersection Crashes

The perpendicular or near-perpendicular impact geometry of T-bone collisions means that side-impact crashes produce some of the most severe injuries in any crash category:

• Traumatic brain injury (TBI) from lateral head impact against the window or door
• Spinal fractures and cord injuries from lateral compression forces
• Rib fractures and internal organ injuries
• Pelvic and hip fractures from door intrusion
• Shoulder and arm injuries on the struck side
• Knee and lower extremity injuries from door-to-occupant contact

Head-on crashes at intersections, though less common, produce devastating injuries at combined speeds that no vehicle safety system is fully designed to absorb.

What to Do After an Intersection Crash in McAllen

• Call 911 immediately and wait for police — do not let the other driver persuade you to handle it privately
• Photograph the intersection from multiple angles, including traffic signals, signage, and road markings
• Identify and speak to all witnesses before they leave the scene — get names and phone numbers
• Note the names and badge numbers of all responding officers
• Seek medical care that day, even if you feel okay — internal injuries and spinal injuries are not always immediately apparent
• Contact a McAllen personal injury attorney before speaking with any insurance adjuster

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

How is fault determined when both drivers claim they had a green light?

This is one of the most common disputes in intersection crash cases. Fault is established through physical evidence — traffic camera footage, dashcams, event data recorder data — and witness testimony. An attorney can move quickly to preserve surveillance footage from businesses near the intersection before it is overwritten. Signal timing records from the City of McAllen’s traffic management system may also be relevant.

What if I was turning left and got hit by an oncoming car that was speeding?

Fault may be shared in this scenario. The turning driver generally has a duty to yield, but if the oncoming driver was traveling significantly above the speed limit, the turning driver may have reasonably judged the gap as sufficient. Texas comparative negligence rules would apportion fault between both parties, and your recovery would be reduced by your percentage of responsibility.

Are intersection crashes different from rear-end crashes legally?

Yes. Rear-end crashes involve a strong presumption that the following driver is at fault. Intersection crashes involve more complex right-of-way analysis and frequently turn on competing factual accounts of the crash. They require more aggressive evidence gathering and are more likely to require litigation.

Can I sue the City of McAllen if a malfunctioning traffic signal caused my crash?

Potentially yes, but claims against government entities are governed by the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Ch. 101), which requires written notice within six months of the incident. Government entities have limited immunity, but claims for road defects and signal malfunctions can proceed under proper circumstances. Act quickly if you believe a signal or road condition contributed to your crash.

What if I was a passenger in a vehicle involved in an intersection crash?

As a passenger, you were not responsible for the crash. You can bring a claim against any at-fault driver — including the driver of the vehicle you were in — and your recovery is not limited by the comparative fault of the driver who was transporting you. Passengers often have the clearest path to full compensation.

How long does an intersection crash case take to resolve in Texas?

Cases with clear liability, documented injuries, and cooperative insurance companies may settle in three to nine months. Cases involving disputed fault, serious injuries with ongoing treatment, or uncooperative insurers may take one to three years, including litigation. Your attorney should give you a realistic timeline based on the specific facts of your case.

What is an angle crash and is it the same as a T-bone?

Yes — an angle crash, T-bone collision, and broadside collision all refer to the same basic impact geometry: one vehicle striking the side of another, typically at or near a perpendicular angle. These crashes are particularly dangerous because the door panel and window provide limited structural protection compared to the front or rear of a vehicle.

In a Texas truck accident case, you can sue for economic damages including all medical expenses and lost income, non-economic damages including pain and suffering and loss of enjoyment of life, and in cases of gross negligence, punitive damages. Because commercial trucks cause far more severe injuries than passenger vehicle accidents and because trucking companies carry insurance policies of $750,000 to several million dollars, the potential compensation in a serious 18-wheeler case is significantly higher than in a typical car accident claim.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

Why Truck Accident Damages Are Different

The physics of a collision involving an 18-wheeler loaded to the federal maximum of 80,000 pounds — against a passenger vehicle weighing 3,000 to 4,500 pounds — produce a fundamentally different category of injury than most car accidents. Traumatic brain injuries, spinal cord damage resulting in paralysis or chronic pain, internal organ injuries, multiple fractures requiring surgical intervention, and severe burns are common outcomes. Victims frequently require extensive hospitalization, multiple surgeries, long-term rehabilitation, and sometimes lifetime care.

The severity of these injuries drives the damages in two directions simultaneously: actual losses are larger because medical costs and lost earning capacity are greater, and the non-economic impact — pain, disability, loss of quality of life — is proportionally more severe. At the same time, the defendants in these cases carry substantially more insurance than the average motorist, which means there is coverage available to pay for those damages if the case is properly pursued.

Economic Damages

Economic damages are the quantifiable financial losses you have suffered and will suffer as a result of the accident. Texas law allows full recovery of these losses with no cap in personal injury cases (note: different rules apply in medical malpractice cases, but not in truck accident cases).

Medical Expenses

You are entitled to recover all reasonable and necessary medical expenses caused by the accident, including:

• Emergency room treatment, ambulance transport, and initial hospitalization
• Surgical procedures — orthopedic, neurosurgical, vascular, or otherwise
• Diagnostic imaging: MRI, CT scans, X-rays
• Physical therapy, occupational therapy, and rehabilitation
• Prescription medications
• Medical devices: wheelchairs, braces, prosthetics, home modification
• Future medical expenses projected by treating physicians or life care planners

Future medical expenses deserve particular attention. In cases involving spinal cord injuries, traumatic brain injuries, or permanent disability, a life care planner — a medical expert who projects the cost of all anticipated future treatment, care, and equipment needs over the victim’s expected lifespan — is critical to capturing the full value of the medical damages. These projections can reach into the millions of dollars in serious cases.

Lost Wages and Earning Capacity

You can recover all income lost from the date of the accident through the date of trial or settlement. If your injuries have permanently affected your ability to work — whether by preventing you from returning to your previous occupation or by reducing your ability to earn at the same level — you are also entitled to damages for loss of future earning capacity. An economist or vocational expert can project and quantify this loss based on your age, education, work history, and the severity of your impairments.

Out-of-Pocket Expenses

Transportation costs to medical appointments, home health aide services, household services you can no longer perform, and other documented out-of-pocket expenditures directly caused by your injuries are recoverable economic damages.

Non-Economic Damages

Non-economic damages compensate for losses that do not have a fixed dollar amount but are equally real and equally significant. Texas law recognizes the following categories of non-economic damages in personal injury cases:

Pain and Suffering

Physical pain — both past and future — is compensable. The daily reality of living with chronic pain following a spinal injury, nerve damage, or musculoskeletal trauma caused by a truck accident has real value under Texas law.

Mental Anguish

The psychological impact of a catastrophic accident — post-traumatic stress disorder, depression, anxiety, sleep disorders — is recoverable. Mental health treatment records and expert testimony from a psychologist or psychiatrist can document and quantify this damage.

Loss of Enjoyment of Life

If your injuries have prevented you from engaging in activities that were part of your life before the crash — sports, hobbies, family activities, travel — the loss of that enjoyment is a compensable element of your damages.

Disfigurement and Physical Impairment

Permanent scarring, limb loss, or any other lasting physical impairment that affects your daily life or your self-image is recoverable. These damages are assessed by the jury based on the evidence and the impact on your specific life circumstances.

Loss of Consortium

A married victim’s spouse may have an independent claim for loss of consortium — the loss of companionship, affection, and support caused by the victim’s injuries. In Texas, this claim belongs to the spouse, not the injured victim, and is pursued as a separate element of the overall damages.

Punitive Damages

Texas Civil Practice and Remedies Code Chapter 41 allows punitive damages — also called exemplary damages — when a defendant’s conduct constitutes gross negligence. Gross negligence requires proof that the defendant’s act or omission, when viewed objectively, involved an extreme degree of risk to others, and that the defendant had actual, subjective awareness of the risk and consciously disregarded it.

In commercial truck accident cases, gross negligence is most commonly supported by evidence that:

• A trucking company knowingly deployed a driver with a disqualifying history, substance abuse problem, or expired medical certification
• A carrier operated a truck it knew had critical maintenance defects — particularly brake failures
• A carrier systematically pressured drivers to violate FMCSA hours of service limits to meet delivery schedules
• A driver was intoxicated or under the influence of controlled substances at the time of the crash

Under Texas law, punitive damages are capped at the greater of $200,000 or two times economic damages plus an equal amount of non-economic damages up to $750,000, unless the conduct constitutes a felony for which the defendant has been convicted.

Commercial Truck Insurance Policy Limits

One of the key advantages of commercial truck accident cases over car accident cases is the scale of available insurance coverage. Under 49 CFR § 387.9, interstate carriers transporting general freight must carry a minimum of $750,000 in liability insurance. Carriers transporting hazardous materials must carry between $1,000,000 and $5,000,000, depending on the type of material and container. Many large carriers maintain policies well above these minimums, plus excess and umbrella coverage.

When multiple defendants are named — driver, carrier, cargo loader, and manufacturer — each may carry independent insurance coverage, multiplying the total available limits. Umbrella policies, excess coverage, and self-insured retention arrangements can push total available coverage into the tens of millions of dollars for the largest carriers.

Why an Attorney Negotiates More

Trucking company insurance adjusters are trained professionals whose job is to close claims as quickly and cheaply as possible. Without an attorney, most injury victims settle for far less than the actual value of their case — often before they have fully understood the scope of their injuries, before future medical expenses are projected, and before all liable parties have been identified.

An experienced truck accident attorney brings several specific advantages to the negotiation:

• Knowledge of the actual policy limits available, including excess and umbrella coverage
• The ability to identify and preserve evidence that proves liability against multiple defendants
• Access to medical, economic, and vocational experts who can quantify the full value of the damages
• Credibility with the insurer as someone who will genuinely try the case if a fair settlement is not reached
• Experience with how similar cases have resolved in the Rio Grande Valley and across Texas

Studies consistently show that injury victims represented by attorneys recover significantly more — often several times more — than unrepresented victims, even after attorney fees are deducted.

Frequently Asked Questions

Is there a cap on damages in a Texas truck accident case?

There is no cap on economic or non-economic damages in a Texas personal injury truck accident case. Texas’s damage caps apply to medical malpractice cases, not to truck accident cases. Punitive damages are capped under Texas Civil Practice and Remedies Code Chapter 41, but compensatory damages — both economic and non-economic — are not subject to a statutory limit.

How are pain and suffering damages calculated?

Texas does not use a fixed formula for pain and suffering damages. Jurors are instructed to award a fair and reasonable amount based on the evidence. Attorneys commonly use per diem arguments — assigning a dollar value to each day of documented suffering — or multiplier approaches based on economic damages. Medical records, physician testimony, and the victim’s own testimony about the daily impact of their injuries are the most important evidence.

Can I recover damages if I was partially at fault?

Yes, under Texas proportionate responsibility law (Tex. Civ. Prac. & Rem. Code Chapter 33), you can recover damages as long as your percentage of fault is not greater than 51 percent. Your total recovery is reduced by your percentage of fault. For example, if a jury finds you 20 percent at fault and awards $1,000,000 in total damages, you would recover $800,000. If you are found more than 51 percent at fault, you recover nothing.

What if the trucking company’s insurance denies my claim?

A denial does not end your case — it is the beginning of litigation. Your attorney will file a lawsuit, conduct discovery to build the evidence of liability and damages, and present the case to a jury if the insurer does not offer a fair settlement. Insurance companies that deny legitimate claims sometimes do so in bad faith, which can itself be a basis for additional damages under Texas law.

How long does it take to receive compensation?

Cases that settle in pre-suit negotiations may resolve in three to nine months after the accident. Cases that require litigation typically take 18 to 36 months. The timeline depends on the complexity of the liability issues, the severity of the injuries, and the willingness of the defendants to negotiate in good faith.

Do I have to pay taxes on my truck accident settlement?

Generally, compensation for personal physical injury — including medical expenses, lost wages related to physical injury, and pain and suffering — is not subject to federal income tax under Internal Revenue Code § 104(a)(2). Punitive damages and interest on a settlement are taxable. You should consult a tax professional regarding the specific tax treatment of any recovery in your case.

Will hiring an attorney reduce my net recovery because of fees?

Personal injury attorneys typically work on a contingency fee basis, meaning they receive a percentage of the recovery only if you win. Despite this fee, represented clients consistently receive higher net recoveries than unrepresented claimants because attorneys identify all liable parties, all available coverage, and the full scope of damages that unrepresented victims routinely leave on the table.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

An 18-wheeler accident lawsuit in Texas can take anywhere from 90 days to resolve through early settlement to 24 to 36 months if the case proceeds to trial. Most cases settle before trial, but the investigation, negotiation, and litigation process is significantly longer and more complex than a standard car accident case. Understanding the timeline helps you make informed decisions and protects you from accepting a low early offer before the full extent of your damages is known.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

Why 18-Wheeler Cases Take Longer Than Car Accident Cases

Commercial truck accident cases involve layers of complexity that do not exist in ordinary car accident claims. Multiple potentially liable parties — the driver, the trucking company, cargo loaders, and manufacturers — must each be investigated. Federal regulations under the FMCSA create an extensive paper trail that must be obtained and analyzed. Injuries from crashes involving 80,000-pound vehicles tend to be severe, and the full scope of those injuries may not be apparent for months after the accident. And because the insurance coverage at stake is substantially larger than in a typical car accident, trucking company insurers invest significant resources in defending these claims.

None of these factors argue for waiting to begin the process. They argue for starting it immediately.

Phase 1: Investigation and Evidence Preservation (Weeks 1–12)

The first phase of an 18-wheeler case begins the moment you retain an attorney. Your attorney will immediately issue a spoliation letter demanding that the trucking company preserve all relevant evidence and place a litigation hold on data subject to routine destruction.

Evidence collected during this phase includes:

• Event data recorder (EDR) and electronic logging device (ELD) data — typically subject to overwrite within 30 days
• Driver qualification files, drug and alcohol testing records, and CDL history
• Maintenance and inspection records for the truck and trailer involved
• FMCSA inspection reports and violation history for the carrier
• Dashcam footage from the truck and any available traffic or commercial surveillance cameras
• Cell phone records
• Police and accident reconstruction reports

Your attorney will also retain experts as needed — accident reconstructionists, trucking industry safety consultants, and medical specialists — to evaluate the evidence and build the liability and damages case. This investigation phase typically takes one to three months, depending on the complexity of the case and the cooperation (or lack thereof) of the trucking company.

Phase 2: Medical Treatment and Reaching Maximum Medical Improvement

One of the most important timing considerations in any serious injury case is waiting until you have reached maximum medical improvement (MMI) — the point at which your medical condition has stabilized and your treating physicians can project the full scope of your future medical needs. Settling before MMI means accepting a number that does not account for surgeries, ongoing physical therapy, long-term care, or permanent disability that may emerge later.

Depending on the severity of your injuries, reaching MMI can take several months to more than a year. A case involving a traumatic brain injury or multiple spinal surgeries will require a longer treatment period before it is appropriate to demand full compensation. This is one of the primary reasons 18-wheeler cases take longer than minor fender-bender claims.

Phase 3: Demand Letter and Pre-Suit Negotiation (Months 3–9)

Once you have reached MMI and your attorney has assembled a complete picture of your economic and non-economic damages, the next step is a formal demand letter to the trucking company’s insurance carrier. The demand letter presents the facts of the case, the evidence of liability, and a detailed accounting of your damages — medical bills, lost wages, future care costs, pain and suffering, and any applicable punitive damages.

The insurer will respond with either an acceptance, a counteroffer, or a denial. Negotiation during this period can last from a few weeks to several months. Many commercial truck accident cases — particularly those with clear liability and documented damages — settle during this pre-suit phase, typically within three to six months of sending the demand letter.

If the insurer is offering inadequate compensation or disputing liability, your attorney will file suit.

Phase 4: Filing the Lawsuit and the Discovery Process (Months 6–18)

Filing a lawsuit triggers the formal litigation process. After the complaint is filed and served, the parties enter the discovery phase — a structured process in which each side is required to produce documents, answer written questions (interrogatories), and make witnesses available for depositions under oath.

In an 18-wheeler case, discovery is extensive. Your attorney will depose the truck driver, the trucking company’s safety director, the fleet maintenance manager, expert witnesses retained by the defense, and potentially corporate representatives. The defense will conduct depositions of you, your medical providers, and your experts.

Discovery in a complex commercial truck case typically takes six to twelve months. Disputes over the production of records — particularly internal company communications, prior safety complaints, and prior accidents involving the same driver or vehicle — often require court intervention and add time to the process.

Phase 5: Mediation and Settlement Negotiations (Months 12–24)

Texas courts routinely require the parties to attempt mediation before trial. Mediation is a structured negotiation session conducted by a neutral third-party mediator. The vast majority of commercial truck accident cases — more than 90 percent — resolve at or before mediation without going to trial. Even cases that appeared headed for trial often settle once both sides have completed discovery and each party can fully evaluate the strength of the other’s evidence.

Settlement at mediation typically occurs 12 to 24 months after the accident, depending on how long the discovery process takes and how aggressively the trucking company is defending the case.

Phase 6: Trial (Months 18–36)

If the case does not settle at mediation, it proceeds to trial. In Hidalgo County and other counties in the Rio Grande Valley, civil trial dockets can be congested, and getting a trial date set may add additional months to the timeline. A jury trial in a complex commercial truck case typically takes one to two weeks, including jury selection.

The advantage of going to trial is the potential for a verdict that exceeds what the insurance company was willing to offer in settlement. The tradeoff is additional time, additional expense, and the inherent uncertainty of a jury outcome.

Texas Statute of Limitations

Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of the accident to file a personal injury lawsuit. This deadline is strict. Missing it will bar your claim entirely regardless of how strong the underlying case is. Because investigation and evidence preservation must begin immediately, the practical implication of the two-year limit is that you should retain an attorney as quickly as possible after the accident — not as the deadline approaches.

Factors That Affect How Long Your Case Takes

• Severity of your injuries and the length of your medical treatment
• Number of defendants — cases with multiple liable parties take longer to investigate and litigate
• Whether the trucking company disputes liability or only disputes damages
• The responsiveness of the defendants’ insurance carriers
• The complexity of the damages calculation, including future medical needs
• Court scheduling and docket availability in the county where the case is filed

Frequently Asked Questions

Can my 18-wheeler case settle in less than 90 days?

In rare cases where liability is undisputed and injuries are fully documented early, a case may settle quickly. However, accepting an early settlement without allowing full investigation and medical treatment is generally not in the injured person’s best interest. Early settlement offers frequently do not account for future medical expenses, ongoing disability, or the full non-economic impact of serious injuries.

What happens if I miss the two-year statute of limitations?

Under Texas Civil Practice and Remedies Code § 16.003, missing the two-year filing deadline almost always results in a permanent, court-enforced bar to recovery. The trucking company’s attorney will file a motion to dismiss, and it will be granted. There are very limited exceptions involving discovery of the injury or fraud by the defendant, but these are narrow and difficult to establish. Never assume you have more time than you do.

Does it take longer if there are multiple defendants?

Yes. Cases involving the truck driver, the trucking company, a cargo loader, and a manufacturer require coordinated investigation of multiple parties, each of whom may have separate attorneys and separate insurance policies. This adds time to both the investigation and discovery phases but typically increases the total available compensation.

Why won’t the insurance company just pay quickly?

Commercial trucking insurers have strong financial incentives to delay, minimize, and dispute claims. The longer a claimant waits without an attorney, the more likely they are to accept an inadequate settlement or make statements that can be used against them. An experienced truck accident attorney levels the playing field and signals to the insurer that the case will be litigated seriously if a fair settlement is not reached.

What is maximum medical improvement and why does it matter?

Maximum medical improvement (MMI) is the point at which your treating physicians determine that your condition has stabilized and further significant recovery is unlikely. Settling before MMI means you may not yet know whether you will need future surgeries, permanent assistive devices, long-term physical therapy, or around-the-clock care. These future costs can be enormous in serious truck accident cases and must be included in any fair settlement demand.

What happens at mediation?

Mediation is a structured, confidential negotiation session where both sides meet with a neutral mediator to try to reach a settlement. The mediator does not decide the case — they facilitate discussion and help both sides evaluate the risks of going to trial. Most Texas courts require mediation before a civil trial date will be set. The majority of commercial truck accident cases settle at or before mediation.

Will my case definitely go to trial?

The large majority of 18-wheeler accident cases settle before trial. However, whether your case settles or goes to trial depends on the facts, the strength of the evidence, the reasonableness of the opposing insurer, and the specific damages at issue. Your attorney’s willingness and ability to try the case to a jury is one of the most important factors in obtaining a fair pre-trial settlement — insurers offer more when they know the other side is genuinely prepared to go to trial.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.