An 18-wheeler from Mexico hit me in El Paso. Whose insurance pays?

El Paso is a trucking border town

Thousands of trucks cross into El Paso every day through the Bridge of the Americas and the Ysleta-Zaragoza crossing, and through Santa Teresa in New Mexico, much of it serving the maquiladoras in Juárez. Many of those trucks are run by Mexico-based carriers, or by U.S. drayage companies hauling trailers between the border and warehouses on the East Side. When one causes a crash on I-10, Loop 375, Americas Avenue or Zaragoza, people worry the company is out of reach. Often, a claim is still possible.

Federal insurance rules for Mexican carriers

• Mexico-domiciled carriers operating in the U.S. must meet federal financial responsibility requirements. For general freight, the minimum is generally $750,000, and hazardous loads require $1 million to $5 million, depending on the material.
• Carriers that operate only in the border commercial zones may buy coverage in increments as short as 24 hours from insurers that meet federal requirements. They must carry proof of that coverage, the MCS-90 endorsement and their registration in the truck.
• Carriers with authority to travel beyond the border zone go through a separate federal authorization process and must maintain coverage like U.S. carriers.

The MCS-90 endorsement matters because it guarantees payment to the public up to the federal minimum in many situations where the policy itself might not apply.

More than one company may be responsible

• The motor carrier whose authority the truck was operating under.
• A U.S. drayage or trucking company that took over the trailer at the border.
• The broker or shipper, if it chose an unsafe carrier.
• The owner of the trailer or a maintenance company, for brake, tire or lighting failures.

The evidence we go after

• The insurance card, registration and USDOT number from the truck, ideally photographed at the scene.
• The driver's logs and electronic logging data: hours-of-service rules apply to Mexican drivers in the U.S.
• Inspection and roadside inspection history, and the carrier's federal safety record.
• The engine control module and dash camera data.
• Records showing when the truck crossed the border and where it was going.

We send preservation letters right away to every company involved. Trucks that return to Mexico, and the data in them, can be hard to reach later.

Language is not a barrier

Drivers, dispatchers and witnesses in these cases often speak Spanish. Jimmy speaks Spanish, so you can explain what happened in your own words, and we can review documents in Spanish from the start.

Protect your claim

If you can, photograph the truck's doors, plates, insurance card and any paperwork the driver shows. Don't give a statement to the trucking company's insurer, which may call within days. Jimmy Suerken grew up in El Paso. He is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. We handle El Paso cases the way we handle them in Houston: by phone, email and video call, and in person when needed.

Truck and 18-wheeler crashes in El Paso: what to know

Other ways people ask this

The truck had Mexican plates. Can I still get paid?

Often, yes. Mexican carriers operating in the U.S. must carry insurance that meets federal requirements, and other companies may also be responsible.

What if the carrier only had one-day insurance?

Border-zone carriers may buy coverage for periods as short as 24 hours. What matters is whether it covered the day of the crash, which is why the insurance card and the truck's records matter.

Does the driver's Mexican license matter?

Mexican commercial driver's licenses are recognized in the U.S. for these operations, but the driver's training, hours and record are still evidence.

The trucking company is in Juárez. Do I have to sue in Mexico?

Generally no. A crash in El Paso is handled in Texas, and the U.S. insurance coverage is usually where payment comes from.

How long do I have?

Generally two years in Texas, but truck evidence disappears much sooner. Call right away.

Authority: 49 C.F.R. § 387.7 · 49 C.F.R. § 387.9 · 49 C.F.R. Part 365, Subpart E · 49 C.F.R. Part 395 (hours of service) · Tex. Civ. Prac. & Rem. Code § 16.003