Having the right insurance coverage is crucial because it’s better to be prepared and not need it than to face the consequences of being underinsured. Not having adequate coverage can lead to financial burdens, inability to work, and significant family stress in the event of an accident. Liability insurance is a state requirement to cover damages if you are at fault in an accident, ensuring you are not personally liable for costly expenses.

What types of insurance coverage do you recommend for individuals, especially those on a budget?

Three essential policies that everyone should have are liability insurance, uninsured/underinsured motorist coverage, and personal injury protection (PIP) coverage. These policies provide protection in case of accidents where the other party is uninsured, underinsured, or when immediate financial assistance is needed for medical treatment. Additionally, collision coverage is recommended to cover vehicle damages when the other party is still investigating the accident.

Why do people often miss out on uninsured or underinsured motorist coverage, and how important is it?

Many individuals overlook uninsured or underinsured motorist coverage despite being offered by insurance companies during policy purchase. This coverage is crucial because it steps in when the at-fault party lacks insurance or has inadequate coverage. In cases where medical expenses exceed the other party’s coverage, having uninsured/underinsured coverage ensures you are not left with overwhelming medical bills.

Are certain insurance companies better to work with than others, based on your experience?

While not naming specific companies, it is noted that some insurance companies heavily market themselves but may not always provide fair claim payouts. Companies representing veterans or military personnel are often considered more reliable. It’s essential to research and choose insurance companies with positive reviews and track records of fair compensation to ensure proper coverage and support in case of accidents.

What are common mistakes people make when buying or renewing auto insurance policies?

A common mistake is assuming “full coverage” means comprehensive protection, when in reality, it often only meets minimum state requirements. It’s recommended to opt for higher liability and uninsured/underinsured motorist limits, along with personal injury protection coverage, to ensure adequate protection beyond basic policies. Understanding policy limits and additional coverage options is crucial to avoid being underinsured in the event of an accident.

Can you sue an insurance company for more compensation beyond what the at-fault driver’s insurance covers?

In certain cases, suing your own insurance company may be necessary, especially for uninsured or underinsured motorist claims if they fail to provide adequate compensation. Legal action against an insurance company can result in additional compensation, including attorney fees, if the company is found to be denying rightful claims. While most insurance companies aim to settle claims fairly, taking legal action may be necessary to ensure proper compensation for damages.

What should individuals review on their policy to ensure they are not missing crucial coverage options?

Reviewing uninsured and underinsured motorist coverage, personal injury protection, and collision coverage is essential to ensure comprehensive protection beyond basic liability insurance. Collision coverage is particularly important to address vehicle damages promptly without waiting for the at-fault party’s insurance investigation. Understanding policy details and coverage options can help individuals avoid gaps in insurance protection.

A contingency fee contract means that the attorney only gets paid if they secure a settlement for the client. Clients do not owe anything upfront, and the attorney takes on the financial risk of the case. The fee is typically a percentage of the settlement amount, ensuring that clients do not have to pay unless they win.

What are the usual percentage charges in contingency fee agreements and do they vary based on the case’s stage?

In the pre-litigation phase, the fee is typically one-third of the gross settlement, which covers initial processes like medical care and demand letters. If a lawsuit is filed, the fee may increase to 40% due to the additional work and resources required for litigation. Other firms may charge more, but standard fees are around one-third for pre-litigation and 40% for lawsuits.

Are there upfront costs for hiring outside help like investigators or expert witnesses in a contingency fee case?

In contingency fee cases, the attorney typically covers all legal expenses upfront, including fees for investigators and expert witnesses. Clients do not have to pay anything out of pocket for these additional resources, as the attorney assumes the risk and costs associated with the case.

How are clients informed about the breakdown of expenses in their case and the net settlement amount?

Clients receive an itemized statement detailing all expenses, costs, and deductions from the settlement amount. The attorney ensures that clients understand where every penny is going in the case and provides transparent information to help clients make informed decisions about settlement offers and next steps.

What protections under Texas law ensure that contingency fee contracts are fair and equitable for clients?

The Texas State Bar enforces ethics rules that require attorneys to represent clients zealously and ethically. Contracts are governed by contract laws, and clients have recourse if they feel an attorney breached the terms of the agreement. Attorneys must adhere to these regulations to maintain professionalism and ethical conduct.

Can you share an example where a contingency fee arrangement enabled a client to pursue justice they couldn’t afford otherwise?

Contingency fee contracts allow clients who cannot afford legal fees upfront to access legal representation and pursue justice. By shouldering the financial risk, attorneys like myself can help clients seek compensation without imposing financial burdens upfront. However, trust and collaboration between the client and attorney are crucial for a successful outcome.

What common misconceptions do people have about how personal injury attorneys are paid under contingency fee arrangements?

Misconceptions about personal injury attorneys being solely money-driven or unethical exist, but most attorneys aim to secure fair compensation for their clients. Transparency in fee structures and a client-centered approach help dispel these myths and ensure that clients understand the attorney’s role in advocating for their best interests.

What is your best advice for someone considering hiring a personal injury lawyer and how important is it to vet potential attorneys?

When hiring a personal injury lawyer, conducting thorough research, checking reviews, and ensuring a good fit with the attorney are crucial. Vetting attorneys based on experience, local knowledge, and trustworthiness is essential for establishing a successful client-attorney relationship. Collaboration and trust between the client and attorney are key to achieving the best possible outcome in a personal injury case.

In Texas, immigrants often face unique challenges when navigating personal injury cases—especially when those cases overlap with ongoing immigration matters. In this episode, Miguel Garza, founder of MF Garza Law Firm, and Eliana Marudi, founder of Marudi Law Group, discuss how injury and immigration cases can impact one another, the legal rights of undocumented individuals, and how to protect those rights without fear. Together, they emphasize that every immigrant, regardless of legal status, is entitled to justice and equal protection under the law.

Why Immigrants Fear Filing Personal Injury Claims

Eliana Marudi explained that fear of authority, misinformation, and lack of understanding are the primary reasons many immigrants hesitate to pursue legal action after an accident. Despite these fears, she stressed that immigrants have the same constitutional rights as any other Texan to seek compensation if they are injured due to someone else’s negligence. Their immigration status does not affect their right to file a claim or to receive justice through the legal system.

What Immigrants Should and Should Not Disclose After an Accident

When involved in an accident, Eliana advised that individuals should fully cooperate with police and provide necessary identification—such as a driver’s license, insurance details, and contact information. However, she cautioned against disclosing information about their country of origin or immigration status, as each state has different agreements with federal authorities. She also emphasized that once the immediate situation is handled, immigrants should contact both a personal injury attorney and an immigration attorney to ensure all legal matters are addressed properly and safely.

How Immigration Status Can Affect a Personal Injury Case

Miguel Garza noted that, in most cases, an individual’s immigration status does not affect the handling of a personal injury claim. However, understanding the client’s circumstances can be crucial for case management—especially if the client might need to leave the country for immigration hearings or proceedings. Miguel shared an example of a past case where he could not finalize a settlement because his client had been detained or deported before signing the necessary release documents.

To avoid similar complications, he stressed the importance of open communication between clients and their attorneys. Keeping legal teams informed about immigration updates ensures that both cases remain aligned and properly managed.

Do Personal Injury Settlements Affect Immigration Applications?

Eliana clarified that personal injury settlements do not affect immigration benefits, including green card applications, visa renewals, or citizenship. The only consideration is that clients should properly report and pay taxes on settlement income. Otherwise, personal injury claims have no bearing on a person’s eligibility for immigration benefits or their ability to remain in the country.

When Personal Injury Evidence Can Strengthen an Immigration Case

Interestingly, Eliana explained that certain immigration cases can benefit from evidence stemming from a personal injury claim. For example, medical records or documentation showing physical or emotional hardship can support hardship waivers or removal defense cases. In these situations, injuries or ongoing medical treatment can demonstrate that deportation would cause exceptional hardship to a U.S. citizen family member.

Eliana added that in removal or humanitarian cases—such as those involving T visas for trafficking victims—injury evidence can be critical. She shared that some workplace injury cases she handled revealed elements of coercion or exploitation, allowing her to help clients pursue a T visa and remain in the U.S. lawfully.

Coordinating Between Immigration and Personal Injury Attorneys

Both Miguel and Eliana highlighted the importance of coordination between attorneys when clients have overlapping legal matters. Miguel explained that he often consults with Eliana or other immigration attorneys to understand potential risks to a client’s visa or residency status, especially if new legal complications arise during the case.

They both emphasized that personal injury attorneys and immigration lawyers should work together to protect the client’s overall interests. Even seemingly unrelated developments—like an arrest or change in legal status—can have ripple effects in both cases if not properly managed.

Managing Immigration and Personal Injury Cases Together

For clients juggling both immigration and personal injury cases, communication is key. Miguel advised that clients should keep their attorneys informed about surgeries, hearings, or major life events that might impact either process. Regular updates allow legal teams to adjust strategies, request scheduling changes, or prepare necessary motions to avoid conflicts between court dates and immigration appointments.

Eliana added that settlements from personal injury cases can often help cover immigration-related legal costs, which are typically the client’s responsibility. For many immigrant families, this financial relief can make it easier to pursue both cases simultaneously without added strain.

Why Delaying a Claim Can Hurt Your Case

Miguel cautioned against delaying a personal injury claim out of fear or confusion. Insurance companies and defense attorneys often use delays as a tactic to weaken victims’ cases. The longer an injured person waits to act, the more difficult it becomes to prove damages, secure evidence, or reach a favorable settlement. Miguel encouraged injured individuals—citizens or not—to contact a qualified attorney as soon as possible after an accident to preserve their rights and strengthen their case.

Legal Protection and Confidentiality

Miguel reassured listeners that attorneys are bound by confidentiality and cannot report clients to immigration authorities. Anything discussed with an attorney is protected under attorney-client privilege, meaning it cannot be disclosed without the client’s consent. This protection allows immigrants to seek help freely, without fear of exposure or retaliation.

Eliana reinforced that immigrants—whether documented, undocumented, or holding temporary status—should never hesitate to seek legal support. Every individual has equal rights under the U.S. Constitution, including the right to pursue justice in a personal injury case.

Empowering Immigrants to Assert Their Rights

Both Miguel and Eliana concluded by urging immigrants to take action if they are injured due to someone else’s negligence. Not only can pursuing a claim help them recover physically and financially, but it may also strengthen their immigration case. They emphasized that the legal system exists to protect everyone, not just citizens, and that no one should allow fear or misinformation to keep them from asserting their rights.

For more information, visit mfgarzalaw.com to contact Miguel Garza or marudilaw.com to connect with immigration attorney Eliana Marudi. Both firms are dedicated to helping immigrant families navigate injury, hardship, and legal uncertainty—one Texan at a time.

When immigrants in Texas face injury—whether from a car accident, workplace incident, or catastrophic event—many fear they have no legal recourse due to their immigration status. In this episode, personal injury attorney Miguel Garza of MF Garza Law Firm and immigration attorney Eliana Marudi of Marudi Law Group shed light on the constitutional rights of undocumented and documented immigrants, clarifying the legal protections they still hold and the steps they should take after an accident.

Equal Legal Protection for Immigrants in Texas

Eliana Marudi emphasized that all immigrants—regardless of legal status—are protected under the Constitution’s Equal Protection Clause. This means undocumented individuals have the same rights as any other Texan to file claims, report incidents, and seek compensation for injuries caused by another’s negligence. Immigration status does not negate a person’s right to legal protection or justice after an accident.

Seeking Medical Care Without Fear of Denial

Miguel Garza explained that no one in Texas can be denied medical treatment due to their immigration status. Hospitals and clinics are required to provide care, and individuals should seek medical attention immediately—ideally within 24 to 48 hours after an accident. He advised injured immigrants to prioritize their health and to remember that they are entitled to the same standard of medical treatment as citizens.

Overcoming the Fear of Deportation and Legal Consequences

For many undocumented individuals, the greatest fear is deportation. Eliana noted that this fear often prevents victims from coming forward. However, she clarified that typical car accidents or injury cases carry no immigration risks unless there is a criminal component such as driving under the influence. Filing a personal injury claim is a civil matter—not a criminal one—and generally does not involve immigration authorities.

Miguel added that while isolated incidents have occurred where ICE agents appeared in courthouses, this typically happens in immigration courts, not civil courts where personal injury cases are heard. He emphasized that civil litigation is entirely separate from immigration proceedings.

Civil vs. Criminal Law: The Key Distinction

Eliana highlighted that entering the U.S. without legal documentation is considered a civil offense, not a criminal one. Both immigration matters and personal injury cases are civil in nature, meaning that they do not carry criminal penalties. This distinction protects individuals from being criminally prosecuted simply for asserting their rights after an accident.

Building a Case Without Traditional Documentation

Miguel shared that his approach to representing undocumented clients is no different than representing citizens. Lack of traditional documents—such as pay stubs or insurance—does not invalidate a personal injury claim. While loss of wage claims may be more complex without tax documentation, Miguel clarified that many undocumented immigrants still pay taxes using an Individual Taxpayer Identification Number (ITIN).

Eliana expanded on this point, noting that immigrants contribute billions of dollars annually to the U.S. tax system through ITIN filings. The IRS, she emphasized, “does not care about status—it just wants to get paid.”

Cultural and Language Barriers to Legal Help

Eliana pointed out that mistrust and fear often discourage immigrants from seeking legal help. Many worry about language barriers or being misunderstood, which may prevent them from asserting their rights. She encouraged individuals to seek attorneys who understand their language and culture to ensure effective communication and proper representation throughout the claims process.

Real-Life Cases of Justice for Undocumented Clients

Miguel shared that he has represented numerous undocumented clients and successfully secured compensation for their injuries. He explained that he doesn’t focus on immigration status when assessing a case; his priority is helping people recover physically and financially. Many of these victories, he said, not only brought justice to victims but also helped their families move toward legal residency or visa approval—restoring their hope in achieving the American dream.

What to Do After an Accident: Step-by-Step Guidance

According to Miguel, undocumented immigrants should take the same immediate steps as citizens after an accident:

• Seek medical attention within 24–48 hours.
• Cooperate with police and emergency personnel.
• Exchange contact and insurance information.
• Contact an attorney as soon as possible.

He clarified that law enforcement officers typically do not inquire about immigration status during accident investigations—they focus on public safety, not citizenship.

Eliana added that individuals are not required to answer questions about where they were born or their immigration status. These questions are irrelevant to the cause of the accident and could potentially be used against them. She recommended providing only necessary identifying details such as name, address, and insurance information.

Protecting Immigration Status During Legal Proceedings

If a case goes to trial, Miguel explained that immigration status cannot be discussed before a jury. Defense attorneys are prohibited from raising it because it is not relevant to the facts of the case and could unfairly prejudice jurors. This protection ensures a fair trial and keeps the focus on the facts surrounding the accident.

Empowering Immigrants to Exercise Their Rights

Eliana encouraged all immigrants—regardless of their status—to pursue rightful claims for injuries caused by others. Legal status should never prevent anyone from seeking compensation or asserting constitutional protections. She advised victims to consult trustworthy attorneys who specialize in personal injury or immigration law to ensure their rights are fully protected.

Miguel echoed her advice, urging listeners not to rely on online sources or hearsay when faced with legal issues. Instead, he recommended consulting qualified professionals who can provide reliable, case-specific guidance.

Conclusion

Injured immigrants in Texas have the same fundamental rights as any other citizen to seek justice and medical care. Legal status does not strip individuals of their constitutional protections. As Miguel Garza and Eliana Marudi emphasized, immigrants should not allow fear or misinformation to prevent them from pursuing rightful compensation.

For help after an accident, visit mfgarzalaw.com to contact Miguel Garza or marudilaw.com to reach immigration attorney Eliana Marudi. Together, their commitment to justice ensures that every Texan—regardless of status—has access to fair representation and a path toward recovery.

The most significant injuries from motor vehicle collisions typically involve the spine or brain. Spinal injuries affect the spinal cord, potentially causing paralysis or loss of sensation below the affected area. Brain injuries impact cognitive functions, causing physical or emotional impairments. Brain injuries are particularly challenging to diagnose through MRI or diagnostic imaging compared to spinal injuries. Both types affect patients neurologically, whether through radiating pain into shoulders and lower extremities, or through light sensitivity and decreased cognitive function.

What are the warning signs people should watch for after an accident?

Key warning signs include tingling, numbness, or pain that starts in the neck and radiates down to the arms or legs. These symptoms often indicate nerve root impingement. The spine contains 33 vertebrae and discs, which can be compared to jelly donuts – during an accident, trauma can cause the “jelly” (disc material) to herniate and press on nearby nerves, causing radiating pain and neurological symptoms.

How are spinal and brain injuries treated?

Spinal injuries may be treated through spinal cord stimulation, injections, or ablation procedures where nerve root endings are cauterized. Steroid injections help reduce inflammation around nerve impingement. Brain injuries require different approaches, often involving neurologists and psychotherapists who analyze changes in cognitive function and behavior patterns through family and friend testimonials.

Why is expert testimony crucial in these cases?

Expert witnesses, particularly neurologists and orthopedic surgeons, provide crucial medical evidence. However, equally important is testimony from family members and friends who can describe changes in the victim’s behavior, cognitive abilities, and daily functioning. This combination of medical expertise and personal testimony helps establish the full impact of injuries.

How does the litigation process ensure compensation for future care?

Life care planners, often physicians, create comprehensive plans projecting future medical needs based on life expectancy. They review medical records, testimony, and relevant documents to determine long-term care requirements. It’s crucial not to rush settlement, as some injuries may worsen over time or manifest differently in varying conditions.

Why is immediate medical attention important after an accident?

Seeking medical attention within 24-48 hours of an accident is crucial, even if injuries aren’t immediately apparent. Adrenaline can mask pain and symptoms initially, and insurance companies often use delayed medical treatment to argue against injury claims. While a full emergency room visit isn’t always necessary, urgent care or primary care physician evaluation is recommended.

When pursuing an insurance claim, you’re essentially at the mercy of the insurance company. The process involves getting a claim number, speaking with adjusters, and following their investigation procedures. In contrast, civil litigation provides more control and access to information. Through litigation, attorneys can issue legal subpoenas for phone records, employee files, and company documents. Court orders can be obtained to compel information disclosure, and ultimately, you get your day in court to tell your story before a judge and jury.

When should you consider litigation over a settlement?

The decision typically depends on case specifics. For minor incidents like standard rear-end collisions with minimal damage, a lawsuit might not be worth the legal expenses. However, for cases involving significant injuries and damages, litigation becomes more valuable. If insurance companies make inadequate or lowball settlement offers, filing a lawsuit often leads to better compensation. Additionally, some injuries may not manifest immediately but develop months or years after the accident, such as herniated discs, making litigation a more prudent choice.

What factors should victims consider before pursuing litigation?

Clients must be prepared for cross-examination and depositions – sworn testimony that can be used in trial. While this process may create anxiety, experienced attorneys provide thorough preparation. Additionally, cases often require testimony from friends and family about how injuries have impacted daily life. Some insurance companies may hire private investigators to monitor claimants’ activities. Commitment to medical care is crucial, as inconsistent treatment can negatively impact the case outcome.

What are the benefits of pursuing a lawsuit against a company?

Litigation allows discovery of crucial information unavailable during the claims process, such as improper driver training, suspended licenses, or safety violations. This information often leads to larger settlements as companies prefer to avoid public exposure of negligent practices. Additionally, litigation upholds your Seventh Amendment right to a jury trial, ensuring proper compensation for wrongdoing.

What common misconceptions exist about civil litigation?

A major misconception is that lawsuits increase insurance rates for Texans or companies. This is false propaganda from insurance companies trying to discourage people from exercising their legal rights. For perspective, Allstate made $64 billion in revenue in 2024, a 12% increase from the previous year, while their CEO earned $26 million. Insurance companies often prioritize profits over fair claim compensation.

Why is having an experienced litigator crucial?

An experienced litigator brings courtroom expertise and the ability to present arguments effectively to judges and juries. Like medical specialists, legal specialists in personal injury and civil litigation possess specific expertise in their field. It’s important to research attorneys’ past results and meet them in person to ensure a good working relationship, as these cases can extend over significant periods.

What are the most important types of evidence in personal injury cases?

There are several key pieces of evidence that can significantly strengthen a personal injury claim. Photos and videos from the scene—whether of the vehicles, surroundings, or injuries—are critical. Witness statements also play a vital role, particularly because they typically come from individuals who are neutral and can provide an unbiased account.

Crash reports from law enforcement are essential. Officers often document all relevant details about the incident, and having a third party’s report can prevent disputes later. Even in minor accidents, it’s always wise to call the police. Often, the at-fault driver may admit fault at the scene but tell a different story to their insurance company, creating complications that may require legal action.

It’s also important to connect with the right medical providers. Not only can a lawyer guide clients to appropriate care, but the resulting medical records serve as solid documentation of injuries. Depending on the severity of the case, additional experts like life care planners may be brought in to assess long-term medical needs.

What if the police don’t come to the scene? Should you still report it?

Filing a police report after the fact is a personal decision, but it has limited value—it typically only reflects one side of the story. However, if the other party wants to leave the scene and no officers are present, one helpful tactic is to ask them to record a video admitting fault. This can serve as vital evidence later if their story changes.

How should witnesses be handled at the scene of an accident?

If you’re physically able, approach potential witnesses and ask for their contact information. Even just a name, phone number, and a brief description of what they saw can go a long way. Independent witnesses often tip the scales in personal injury cases. In one instance, an eyewitness completely undermined a truck driver’s story in a construction zone accident, which significantly helped the injured party’s case.

Why is immediate medical attention so important—even if you feel fine at first?

Following an accident, adrenaline can mask pain and injuries. It’s not uncommon for symptoms to appear hours or even days later. Insurance companies often use the timing of your medical care against you. If you don’t seek treatment within 24–48 hours, they might argue you weren’t seriously injured. While an ER visit isn’t always necessary, seeing a physician, urgent care, or a clinic promptly helps protect your claim and your health.

How do expert witnesses strengthen a personal injury case?

Medical experts—especially specialists like orthopedic surgeons or spine experts—can explain injuries in ways that make sense to juries. Soft tissue injuries like herniated discs often don’t appear on x-rays or CT scans but are visible on MRIs. Qualified physicians can explain how and why pain might appear long after the incident.

Accident reconstructionists are another key asset, particularly in trucking cases. These professionals collect digital scans of the scene, analyze black box data, and recreate the accident using engineering and traffic safety principles. Their analysis can paint a clear, objective picture of what actually occurred and often stands up strongly in court.

What role does social media play in personal injury cases?

Social media can be a double-edged sword. For clients, posting pictures or videos that suggest they’re physically active or unharmed—even if taken out of context—can severely damage their case. Insurance companies and defense attorneys often search social media for anything they can use to downplay injuries. If posts are deleted, that can lead to spoliation claims, which judges do not take lightly.

On the flip side, social media can help plaintiffs if used to investigate the opposing party. In one case involving a Canadian trucking company, the driver’s Instagram posts provided a clear timeline and geographic route that contradicted his testimony and proved invaluable to the case.

That’s why clients are given a form at the beginning of the case outlining the risks of social media use. The best practice? Avoid posting about the accident or any physical activities altogether during the duration of the claim.

Texas roads see countless large commercial trucks each day—and with them, a growing number of catastrophic accidents. Miguel F. Garza, founder of MF Garza Law Firm and a lifelong Texan, opens up about the real issues behind trucking wrecks in the state, revealing what makes these cases not just tragic, but legally complex. From driver fatigue and distracted driving to federal regulations and corporate cover-ups, Garza breaks down what Texans need to know.

What are some common causes of trucking accidents in Texas?

Driver fatigue is one of the most prevalent causes. Truck drivers are often under immense pressure to meet tight deadlines, and their pay frequently depends on delivery times. This pressure can lead to insufficient rest, causing drivers to be drowsy or distracted on the road. Some resort to using stimulants like energy drinks or even medications to stay awake—an action that doesn’t necessarily improve their reaction times or judgment.

Distracted driving, particularly involving cell phones, is another frequent factor. Despite company policies banning cell phone use while driving, boredom and long hours on the road tempt some drivers to watch videos or scroll social media. In one case, a truck driver caused a multi-car pileup while watching YouTube—an event confirmed through forensic phone analysis.

Weather conditions also play a major role. Under federal trucking laws, drivers are required to pull over during unsafe conditions like heavy rain or snow. Unfortunately, not all drivers comply, resulting in accidents that could have been prevented.

How do trucking laws differ from those for regular drivers?

Trucking accidents are governed by the Federal Motor Carrier Safety Regulations (FMCSR), a much more comprehensive set of rules than what typical drivers follow under the Texas Transportation Code. These laws cover everything from required rest periods to equipment inspections and driver logs.

Truck drivers are also subject to audits by the U.S. Department of Transportation, typically every two years. The goal is to ensure drivers and companies comply with these stringent regulations—but that’s not always the reality on the ground.

What types of injuries are common in truck accident cases?

The size and weight of commercial trucks—some weighing up to 80,000 pounds—can lead to devastating injuries. Victims may suffer from broken bones, amputations, paralysis, or even death. The impact on families is equally severe, with emotional trauma, financial hardship, and long-term care often required.

What makes trucking accident claims more legally complex than typical car accidents?

Truck accident cases involve a web of federal regulations, technical evidence, and corporate interests that don’t exist in standard car crashes. An experienced attorney is essential. Trucking companies often instruct drivers on what to say following a crash—sometimes even before they speak with police or the victim. Without immediate legal representation, crucial evidence can be lost or intentionally destroyed.

Black box data (from the truck’s ECM module), cell phone records, driving logs, and maintenance records are vital pieces of evidence. If not preserved quickly, they may be deleted. Attorneys must act fast by sending a notice to preserve evidence, putting the trucking company under a legal obligation to maintain this information.

In one case, Garza was able to retrieve crucial video footage months after a crash by subpoenaing a third-party company that maintained the truck’s cameras, even after the trucking company claimed the video no longer existed.

How is liability determined in these cases?

Determining fault goes far beyond just the truck driver. The carrier company, maintenance providers, and even the manufacturer of truck components may share responsibility. Investigators look into hours-of-service violations, maintenance issues, driver qualifications, and company compliance history.

Attorneys may file Freedom of Information Act (FOIA) requests with the Department of Transportation to uncover prior violations or safety issues with the trucking company involved. These details can support liability claims and ensure victims receive fair compensation.

Are trucking companies improving safety measures in Texas?

According to Garza, the outlook isn’t promising. While some companies follow regulations diligently, many cut corners—and often attempt to hide their negligence. Political influence from insurance companies and corporate lobbying has made it harder to hold bad actors accountable.

Efforts to limit jury awards and make lawsuits more difficult are becoming more common, driven by large donors lobbying for the trucking and insurance industries. These changes threaten the rights of victims and their access to fair compensation.

What role do insurance companies play after a trucking accident?

Insurance companies frequently attempt to settle claims quickly—sometimes offering money within days of a crash, before any investigation has even begun. Victims who accept these offers often do so without understanding the full extent of their injuries or future medical needs. Once they sign a settlement, their legal options vanish.

Insurance representatives may also push for recorded statements, asking misleading questions that can later be used to weaken a victim’s case. Garza strongly advises against giving such statements without legal counsel, emphasizing that insurance companies are not on the victim’s side.