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When a Commercial Truck Destroys Your Life: The Critical MCS-90 Insurance Endorsement for Texas Victims
As a driver on Texas highways, you share the road with massive commercial trucks every day. An accident with one of these vehicles isn’t just another fender-bender—it’s a life-altering event that often results in catastrophic injuries, extensive property damage, and overwhelming medical bills. At Attorney911, The Manginello Law Firm, PLLC, we’ve represented hundreds of Texans who’ve faced this nightmare. What we’ve learned through 25+ years of handling these cases is that most victims have no idea about one critical piece of financial protection: the MCS-90 endorsement. In this definitive guide, we’ll explain exactly what this endorsement means for you as an injured victim, why insurance companies fight so hard to avoid paying under it, and how having a former insurance defense attorney on your side—like our own Lupe Peña—can mean the difference between a multi-million dollar recovery and getting nothing at all. If you’ve been injured in a commercial truck accident in Houston, Austin, Beaumont, or anywhere in Texas, call our legal emergency line immediately at 1-888-ATTY-911.
What Exactly Is an MCS-90 Endorsement? More Than Just Insurance Jargon
As Ralph Manginello, founder of Attorney911 with 25+ years of experience handling catastrophic injury cases, explains: “Unless you’re a commercial truck driver, you’ve probably never heard of MCS-90 auto endorsements. And even if you have, you might not know what an MCS endorsement on a commercial truck driver’s insurance means to you as a driver.” Let’s break this down with the legal precision our Houston clients have come to expect from our firm.
The Federal Mandate Behind MCS-90: Protecting the Public from Underinsured Truckers
To legally operate a commercial vehicle that crosses state lines—which includes the vast majority of 18-wheelers you see on I-10, I-45, and I-35 in Texas—trucking companies must register with the Federal Motor Carrier Safety Administration (FMCSA). This isn’t optional; it’s federal law under the Motor Carrier Act of 1980. Part of this registration requires proving the company has the financial means to cover any damage caused by one of their drivers, even if their standard insurance policy doesn’t cover the damage. They typically provide this evidence of financial responsibility by adding an MCS-90 endorsement to their insurance policy.
The word “endorsement” is insurance company lingo for an addition or amendment to a standard insurance policy. Think of it like a rider on a homeowner’s policy for expensive jewelry. The MCS-90 is essentially an insurance add-on that creates a safety net for the public. It ensures that if a commercial truck driver causes damages or injuries to another driver in an accident, a minimum amount of damages to any injured victim will be covered, regardless of what exclusions might exist in the trucking company’s primary policy.
Critical Legal Distinction: The MCS-90 Is NOT Insurance
This is where most victims—and even some inexperienced attorneys—get confused. As Ralph Manginello emphasizes: “An MCS-90 is not a type of insurance.” It’s a financial responsibility endorsement that acts as a secondary guarantee. Here’s why this distinction matters in Texas law: Traditional insurance policies require an “insuring agreement”—a contractual promise to pay. The MCS-90 creates a statutory obligation that exists independently of the insurance contract. This means even if the trucking company’s insurance carrier successfully argues that the accident isn’t covered under the primary policy (due to driver exclusions, unauthorized use, policy violations, etc.), the MCS-90 endorsement may still require them to pay up to the federal minimum limits.
In our experience at Attorney911, this distinction becomes crucial when trucking companies try to deny claims. They’ll often point to fine print in their policies, claiming the driver wasn’t authorized or the cargo wasn’t covered. With an MCS-90 endorsement in play, these arguments often fail. That’s why having an attorney who understands both insurance law and federal trucking regulations is essential. Our firm’s unique advantage? We include a former insurance defense attorney, Lupe Peña, who spent years working for national defense firms and knows exactly how insurance companies construct these denial arguments. He’s now using that insider knowledge FOR Texas victims, not against them.
When Does the MCS-90 Actually Apply? The Five Narrow Circumstances
MCS-90 endorsements only come into play under certain narrowly defined circumstances. Understanding these conditions is critical because insurance adjusters will immediately try to argue your case doesn’t meet them. Let’s examine each condition through the lens of our Texas practice at Attorney911.
Condition 1: The Trucking Company’s Standard Insurance Policy Doesn’t Cover the Accident
This is the most common trigger for MCS-90 application. Commercial trucking policies are filled with exclusions that can leave victims without compensation. Common exclusions include:
- Driver Exclusion Endorsements: Where specific drivers are named as excluded from coverage
- Non-Trucking Use (Bobtail) Exclusions: When the truck is being used without a trailer for personal reasons
- Cargo Exclusions: When hauling unauthorized or hazardous materials
- Geographic Limitations: Operations outside designated territories
- Violation of Safety Regulations: Like exceeding hours-of-service limits
At Attorney911, we’ve seen insurance companies deploy every one of these exclusions to deny valid claims. That’s why our immediate investigation always includes obtaining the complete insurance policy—not just the declarations page—and analyzing every endorsement and exclusion. As Lupe Peña explains from his defense-side experience: “Insurance companies count on victims not having attorneys who will dig this deep. They’ll send a denial letter citing ‘policy violation’ and hope you go away. We know which violations are legitimate and which are manufactured excuses.”
Condition 2: The Driver Employed by the Insured Motor Carrier Is at Fault
This seems straightforward, but in Texas trucking cases, determining fault can be complex. Texas follows a modified comparative fault system (Texas Civil Practice & Remedies Code § 33.001). This means you can recover damages as long as you’re not more than 50% at fault. Importantly, as Ralph Manginello notes: “The commercial truck driver doesn’t need to be 100% at fault for MCS-90 coverage to kick in. Even if you’re partially at fault for an accident, the MCS-90 will apply to the proportion of the damages the truck driver is liable for.”
This Texas-specific rule is why we never tell potential clients to assume they have no case because they might share some fault. In one of our multi-million dollar settlements, our client made a minor lane change before being struck by a speeding 18-wheeler. The insurance company immediately claimed our client was 60% at fault (which would bar recovery under Texas law). Through detailed accident reconstruction, black box data analysis, and driver log investigation, we proved the truck driver was fatigued, speeding, and 90% responsible. The MCS-90 endorsement ensured recovery even when the primary policy had coverage disputes.
Condition 3: The Injured Party Doesn’t Work for the Trucking Company
The MCS-90 is designed to protect the public, not employees of the motor carrier. If you’re another driver, a passenger in another vehicle, a pedestrian, or the occupant of another commercial vehicle, you qualify. This exclusion of employees is why workers’ compensation claims operate separately. However, what if you work for a different company that shares some business relationship with the trucking company? Insurance carriers will often try to argue you’re an “equitable employee” or covered under some other exclusion. We’ve successfully defeated these arguments by demonstrating the lack of employment relationship and control.
Condition 4: The Injured Party Can’t Turn Elsewhere for Compensation
This condition requires what’s called “exhaustion of other remedies.” Essentially, the MCS-90 acts as a payer of last resort. Before the MCS-90 carrier must pay, you generally need to show that:
- The trucking company’s primary insurance has denied coverage or is insufficient
- Your own uninsured/underinsured motorist (UM/UIM) coverage doesn’t apply or is insufficient
- Other potentially liable parties (like manufacturers in defective brake cases) don’t provide full compensation
This is where strategic legal planning becomes critical. At Attorney911, we don’t just file claims haphazardly. We develop a comprehensive recovery strategy that considers all potential sources of compensation—from primary insurance to UM/UIM coverage to third-party liability—and approach them in the optimal sequence to maximize your recovery while preserving MCS-90 applicability. As client Jamin Marroquin noted in his testimonial about Ralph Manginello: “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.” This systematic approach is why we recover millions when others settle for thousands.
Who Needs an MCS-90 Endorsement? Federal Requirements and Texas Applications
Federal regulations require that any commercial motor vehicle operated by an insured with interstate motor carrier authority and any private carrier transporting hazardous materials have an MCS-90 endorsement. Let’s dissect these terms with Texas-specific examples from our practice across Houston, Austin, and Beaumont.
Commercial Motor Vehicle (CMV): More Than Just 18-Wheelers
Any vehicle used to transport goods or passengers for individual or corporate profit can be considered a commercial motor vehicle. According to the FMCSA, CMVs must also satisfy particular weight requirements: generally, vehicles with a gross vehicle weight rating (GVWR) of 10,001 pounds or more. In Texas, this includes:
- Traditional 18-wheelers and semi-trucks
- Box trucks and delivery vehicles
- Commercial buses and passenger carriers
- Dump trucks and construction vehicles
- Tow trucks operating commercially
We’ve handled cases involving all these vehicle types. What matters isn’t just the vehicle classification, but whether it’s being used in interstate commerce. Even a Texas-based trucking company that only operates within Texas borders may still be subject to federal regulations if the goods they transport originated from or are destined for another state. This “interstate nexus” is often contested, and proving it requires understanding both federal regulations and Texas commercial patterns.
Motor Carrier Authority: The Interstate Commerce License
Motor Carrier Authority, sometimes called Interstate Commerce Trucking Authority, is a type of operating authority issued by the FMCSA. Any trucking company that operates as a for-hire motor carrier or transports passengers or federally regulated commodities across state lines must apply for Motor Carrier Authority to legally carry out their businesses. Without this authority, they cannot legally operate interstate—and cannot legally obtain an MCS-90 endorsement.
In our investigations at Attorney911, we immediately check the FMCSA’s SAFER system to verify a trucking company’s authority status. Companies operating without proper authority often also lack adequate insurance, making the MCS-90 investigation even more critical. As Ralph Manginello, admitted to practice in the U.S. District Court for the Southern District of Texas, notes: “Federal court experience matters in these cases. Understanding how to navigate both Texas state courts and federal regulations separates true trucking accident specialists from general personal injury attorneys.”
Private Carriers Transporting Hazardous Materials: The Hidden Risk
A private carrier only transports its own goods and doesn’t transfer cargo for outside parties. These carriers often operate as part of a business that creates, sells, or buys the transported products. Common examples in Texas include:
- Oil and gas companies transporting drilling equipment or materials
- Chemical plants moving raw materials or finished products
- Manufacturers delivering their own goods to distributors
- Agricultural operations transporting crops or livestock
If these private carriers transport hazardous materials—even within Texas—they generally need an MCS-90 endorsement. Hazardous materials are substances that have the potential to harm humans or the environment. Common examples include chemicals, certain drugs, radioactive materials, and even human or animal waste. In Texas’s industrial corridors along the Gulf Coast, these materials are transported daily.
Our firm’s involvement in BP explosion litigation demonstrates our capability to handle cases involving hazardous materials and complex corporate defendants. When you’re facing a billion-dollar corporation with teams of defense attorneys, you need a firm that’s been there before. As client Donald Wilcox discovered after another firm rejected his case: “One company said they would not accept my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.”
MCS-90 Endorsement Limits: Understanding the Financial Safety Net
The minimum level of coverage offered by an MCS-90 might be, at the highest rate possible, lower than the amount you could receive through standard insurance coverage. However, the MCS-90 endorsement limit often corresponds to the underlying policy’s maximum. The federal law regulating MCS-90 endorsements requires different minimum coverage amounts depending on what materials the truck transports. Here are the current financial responsibility requirements:
- $750,000 when carrying non-hazardous substances (general freight)
- $1,000,000 when moving oil, hazardous waste, or other kinds of dangerous substances
- $5,000,000 when transporting some types of hazardous materials or when smaller trucks carry particular hazardous materials
Why These Limits Matter in Texas Catastrophic Injury Cases
While $750,000 might sound like a lot, consider the true cost of a catastrophic truck accident in Texas:
- Medical expenses: Spinal cord injuries can exceed $1 million in the first year alone
- Lost income: A 35-year-old professional with a $75,000 salary loses over $3 million in lifetime earnings
- Future care: 24/7 nursing care for traumatic brain injuries can cost $200,000+ annually
- Pain and suffering: Texas law allows compensation for physical pain and mental anguish
As Ralph Manginello explains: “In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.” When injuries reach this severity, even the $5,000,000 MCS-90 limit for hazardous materials might be insufficient. That’s why at Attorney911, we don’t just look at the MCS-90—we investigate ALL potential sources of recovery, including:
- The trucking company’s primary liability policy (often $1M+)
- Your own UM/UIM coverage (critical when truck insurance is insufficient)
- Excess or umbrella policies
- Cargo insurance that might provide additional liability coverage
- Third-party liability (like manufacturers, maintenance companies, or loading contractors)
The Insurance Company’s Valuation Game: How Lupe Peña’s Insider Knowledge Counters Their Tactics
Here’s where Attorney911’s biggest competitive advantage comes into play. Lupe Peña worked for years at a national defense firm, learning firsthand how large insurance companies value claims. He explains: “Insurance companies use software like Colossus to assign values to injuries. They input medical codes, treatment duration, and other factors, and the software spits out a ‘range’ for settlement. Adjusters are trained to start at the bottom of that range and move up only when forced.”
When MCS-90 endorsements are involved, insurance companies have additional incentives to lowball claims. Why? Because the MCS-90 creates what’s called “excess exposure”—the insurance company might have to pay even when their primary policy doesn’t cover the loss. They’ll fight even harder to minimize payouts. Lupe continues: “I’ve been in those claim review meetings. They’ll spend $50,000 on defense costs to avoid paying a $100,000 claim, knowing most victims will give up. What they don’t expect is a former defense attorney who knows their playbook now fighting for the victim.”
This insider knowledge translates directly to better results for our Texas clients. As client Tymesha Galloway experienced: “Leonor is the best!!! She was able to assist me with my case within 6 months.” When you have an attorney who knows how insurance companies think, you don’t waste time with ineffective strategies. You target their pressure points immediately.
When Do You Need a Texas Truck Accident Lawyer? Immediately After the Crash
When it comes to accidents involving commercial trucks, calling an attorney right away is critical. Accidents with trucks often cause extensive damages and life-changing injuries, but trucking companies often have their own attorneys on retainer. As Ralph Manginello emphasizes: “You need a strong and knowledgeable advocate in your corner to ensure you get the compensation you deserve.” Here’s why immediate action matters:
Evidence Preservation: The 30-Day Window That Can Make or Break Your Case
Critical evidence disappears quickly after a truck accident:
- Electronic Logging Device (ELD) Data: Federal law requires trucks to have ELDs tracking hours of service, speed, braking, and more. This data typically overwrites every 30 days.
- Surveillance Footage: Nearby business cameras usually retain footage for 7-30 days before automatic deletion.
- Vehicle Maintenance Records: Trucking companies might “lose” records showing inadequate brake maintenance or tire wear.
- Driver Cell Phone Records: Proof of distracted driving disappears as carriers purge records.
- Witness Memories: Details fade quickly; statements must be taken promptly.
At Attorney911, we deploy immediate investigation protocols. Within hours of your call to 1-888-ATTY-911, we’re issuing preservation letters, locating surveillance footage, and subpoenaing critical data. As client Angel Walle discovered after two years with another attorney: “They solved in a couple of months what others did nothing about in two years.”
The Recorded Statement Trap: Why You Should Never Talk to the Trucking Company’s Adjuster
Insurance adjusters will call you within days—sometimes hours—of the accident. They’ll sound friendly and concerned: “We just want to get your statement to process your claim quickly.” This is a trap. Lupe Peña explains from his defense-side experience: “I trained adjusters on how to take recorded statements. We’d ask seemingly innocent questions designed to get victims to admit partial fault, minimize their injuries, or contradict themselves later. One misstatement could reduce a claim’s value by 50% or more.”
Here’s what they’re really doing:
- Establishing Comparative Fault: “So you were checking your GPS when the truck changed lanes?”
- Minimizing Injuries: “You walked away from the accident, so you must not be too hurt?”
- Creating Inconsistencies: Getting early descriptions that differ from later medical diagnoses
- Testing Your Knowledge: Determining if you have an attorney yet
When you hire Attorney911, we handle ALL communication with insurance companies. We protect you from these traps while building your case strategically. As client Stephanie Hernandez described: “When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.”
Attorney911’s Proven Approach to MCS-90 and Truck Accident Cases
What separates Attorney911 from other Texas personal injury firms? It’s not just our 25+ years of experience or our multi-million dollar results. It’s our integrated approach that combines Ralph Manginello’s trial-tested litigation strategy with Lupe Peña’s insurance defense insider knowledge. Here’s how we apply this to MCS-90 cases:
Phase 1: Immediate Crisis Management (Days 1-30)
- 24/7 Case Intake: Call 1-888-ATTY-911 anytime—we answer when others don’t
- Evidence Preservation Blitz: Securing all electronic data before it disappears
- Insurance Policy Analysis: Obtaining and dissecting ALL relevant policies
- FMCSA Investigation: Checking authority, safety ratings, and violation history
- Medical Coordination: Connecting you with top Texas specialists who treat on lien if needed
Phase 2: Strategic Case Development (Months 1-6)
- Comprehensive Liability Analysis: Accident reconstruction, black box data, driver history
- Damages Quantification: Working with economists and life care planners for catastrophic injuries
- Insurance Coverage Mapping: Identifying ALL potential sources of recovery
- Strategic Demand Package: Building an undeniable case that forces early serious settlement offers
Phase 3: Litigation Preparation (Months 6-18+)
- Trial-Ready Approach: We prepare every case as if it’s going to trial—insurance companies know we’re not bluffing
- Expert Witness Selection: Medical specialists, accident reconstructionists, economists
- Discovery Excellence: Taking depositions that lock in favorable testimony
- Settlement vs. Trial Analysis: Continuously evaluating whether to accept offers or proceed to verdict
This systematic approach yields results. As client Glenda Walker testified: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”
Real Results: How Attorney911 Has Recovered Millions for Texas Truck Accident Victims
Our documented case results speak louder than promises. While every case is unique and past results don’t guarantee future outcomes, here are exact outcomes from our firm’s history:
Multi-Million Dollar Trucking Wrongful Death Settlement
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.” In these devastating cases, families face not only emotional trauma but financial ruin from lost income and funeral expenses. The MCS-90 endorsement often becomes critical when trucking companies argue their drivers weren’t at fault or their policies don’t apply. Our thorough investigation and relentless advocacy secure the compensation families need to move forward.
Complex Multi-Vehicle Pileup with MCS-90 Dispute
While not all cases can be detailed publicly, we recently resolved a complex multi-vehicle accident involving three commercial trucks on I-10 near Houston. The primary insurers for two trucks denied coverage based on technical policy violations. Through meticulous investigation, we established MCS-90 applicability for both carriers, ultimately securing a seven-figure settlement that covered our client’s traumatic brain injury, spinal fractures, and future medical needs. As client Kiimarii Yup described after her total loss accident: “I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return.”
BP Explosion Litigation Experience: Taking on Corporate Giants
“Our firm is one of the few firms in Texas to be involved in BP explosion litigation.” This experience matters when you’re facing a large trucking company with deep pockets and aggressive defense counsel. The March 23, 2005 explosion killed 15 workers and injured 180+, with settlements exceeding $2.1 billion. Handling cases of this magnitude requires federal court experience, complex litigation skills, and the willingness to take on billion-dollar corporations. Ralph Manginello’s admission to the U.S. District Court for the Southern District of Texas means he’s handled cases in courtrooms most attorneys never see.
Why Houston Chooses Attorney911: More Than Just Results
With 251+ Google reviews averaging 4.9 stars, Houston trusts Attorney911. But what makes us different? As client Jacqueline Johnson noted: “One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.” Here’s what our clients consistently mention:
Communication That Actually Happens
Client Brian Butchee: “Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” Unlike settlement mills where you never speak to an attorney, at Attorney911, you’ll have direct access to your legal team. Our paralegal Leonor (mentioned 80+ times in reviews) and our entire staff ensure you’re never left wondering about your case status.
Bilingual Services for Texas’s Diverse Communities
Attorney Lupe Peña is fluent in Spanish, and our staff includes bilingual team members like Zulema. All consultations are available in Spanish. As third-generation Texans with deep roots in the state (Lupe’s family heritage includes King Ranch), we understand Texas’s diverse communities and cultural nuances.
The “Family” Feeling That Makes Legal Trauma Bearable
Client Chad Harris: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” When you’re recovering from catastrophic injuries, the last thing you need is a law firm that treats you like a case number. Our entire team—from Ralph and Lupe to our paralegals and case managers—operates with genuine compassion while maintaining relentless advocacy.
Immediate Steps After a Texas Truck Accident: Your Action Plan
If you’ve been in an accident with a commercial truck in Texas, take these steps immediately:
- Seek Medical Attention: Even if you feel “fine,” adrenaline can mask serious injuries. Document everything.
- Call Police: Ensure an official report is filed. This creates critical evidence.
- Document Everything: Take photos of vehicles, license plates, injuries, and the scene.
- Get Witness Information: Names and phone numbers of anyone who saw the accident.
- DO NOT Talk to Insurance Adjusters: Refer them to your attorney.
- Call Attorney911 Immediately: 1-888-ATTY-911. We’ll handle everything from here.
Frequently Asked Questions About MCS-90 Endorsements and Texas Truck Accidents
What if the truck driver wasn’t 100% at fault for the accident?
Texas follows modified comparative fault (Texas Civil Practice & Remedies Code § 33.001). You can recover damages as long as you’re not more than 50% responsible. The MCS-90 applies to the proportion of damages the truck driver is liable for. Even if you share some fault, you may still recover significant compensation.
How long do I have to file a lawsuit after a truck accident in Texas?
Texas gives you exactly two years from the date of the accident to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). For wrongful death, it’s two years from the date of death. However, critical evidence disappears within days or weeks. Don’t wait—call Attorney911 immediately at 1-888-ATTY-911 to preserve your rights.
What if the trucking company says their insurance doesn’t cover the accident?
This is exactly when the MCS-90 endorsement becomes critical. Even if the primary policy has exclusions or violations, the MCS-90 may still require payment up to federal minimum limits. Insurance companies often make these denials hoping victims will give up. With Attorney911’s former insurance defense attorney on your side, we know how to challenge these denials effectively.
How much does it cost to hire Attorney911 for a truck accident case?
We work on a contingency fee basis: 33.33% before trial, 40% if the case goes to trial. We advance all costs and expenses. You pay nothing unless we win compensation for you. As we tell every client: “We don’t get paid unless we win your case.”
What if I already talked to the insurance company before calling an attorney?
Don’t panic. Insurance adjusters are trained professionals, and even careful victims can make statements that hurt their cases. The sooner you call Attorney911 at 1-888-ATTY-911, the sooner we can mitigate any damage and take over communications. We’ve successfully managed cases where clients gave recorded statements before hiring us.
Can Attorney911 handle cases outside Houston?
Absolutely. While our primary office is in Houston, we serve all of Texas with offices in Austin and Beaumont, and we handle cases statewide. Our federal court admission (Southern District of Texas) and experience with interstate trucking regulations mean we’re equipped for cases across Texas and beyond.
Your Legal Emergency Demands Immediate Action
The aftermath of a commercial truck accident in Texas is overwhelming. Between medical treatments, insurance negotiations, and financial pressures, you need more than just a lawyer—you need a legal emergency team. At Attorney911, “Legal Emergency Lawyers™,” we provide exactly that. With Ralph Manginello’s 25+ years of experience, Lupe Peña’s insurance defense insider knowledge, and a track record of multi-million dollar results, we’re uniquely equipped to handle the complexities of MCS-90 endorsements and truck accident litigation.
Don’t let insurance companies use confusing regulations to deny you the compensation you deserve. Don’t risk your family’s financial future by handling this alone. The trucking company already has their lawyers working against you. You need a strong advocate in your corner.
Call our legal emergency line right now at 1-888-ATTY-911. We answer 24/7 because legal emergencies don’t wait for business hours. Visit attorney911.com to learn more about our firm, our attorneys, and our proven results. Let us take the weight off your shoulders while we fight relentlessly for the compensation you need to rebuild your life. Your consultation is free, and you pay nothing unless we win your case. Call now.
Frequently Asked Questions
What if the truck driver wasn’t 100% at fault for the accident?
Texas follows modified comparative fault rules. You can recover damages as long as you’re not more than 50% responsible. The MCS-90 endorsement applies to the proportion of damages the truck driver is liable for, meaning even if you share some fault, you may still recover significant compensation with proper legal representation.
How long do I have to file a lawsuit after a truck accident in Texas?
Texas law gives you exactly two years from the date of the accident to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). For wrongful death cases, it’s two years from the date of death. However, critical evidence like black box data and surveillance footage disappears within days or weeks, so immediate action is crucial.
What if the trucking company says their insurance doesn’t cover the accident?
This is when the MCS-90 endorsement becomes critical. Even if the primary policy has exclusions or violations, the MCS-90 may still require payment up to federal minimum limits. Insurance companies often make these denials hoping victims will give up. With Attorney911’s former insurance defense attorney on your side, we know exactly how to challenge these denials effectively.
How much does it cost to hire Attorney911 for a truck accident case?
We work on a contingency fee basis: 33.33% before trial, 40% if the case goes to trial. We advance all costs and expenses. You pay nothing unless we win compensation for you. As we tell every client: ‘We don’t get paid unless we win your case.’
What if I already talked to the insurance company before calling an attorney?
Don’t panic. Insurance adjusters are trained professionals, and even careful victims can make statements that hurt their cases. The sooner you call Attorney911 at 1-888-ATTY-911, the sooner we can mitigate any damage and take over communications. We’ve successfully managed cases where clients gave recorded statements before hiring us.
Can Attorney911 handle cases outside Houston?
Absolutely. While our primary office is in Houston, we serve all of Texas with offices in Austin and Beaumont, and we handle cases statewide. Our federal court admission (Southern District of Texas) and experience with interstate trucking regulations mean we’re equipped for cases across Texas and beyond.
