Beverly Law. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Updated November 2026.
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Changing lawyers in a Texas truck case
Texas law gives you the right to fire your lawyer and hire a new one. The Texas Supreme Court said so plainly in Hoover Slovacek v. Walton. In a lawsuit, the change becomes official when the court signs a substitution under Rule of Civil Procedure 10.
Truck cases are harder to hand off than car cases. There may be a driver, a motor carrier, a trailer owner, a broker, a shipper and a maintenance shop, each with its own insurer and lawyer. Our Texas truck cases are handled by Joyce Ondich and John Efstathiou, who are licensed in Texas. The general process is on our Texas switch-lawyers page.
Trucking records with short retention periods
Federal motor carrier rules set minimum times that trucking companies have to keep certain records. Once that time runs, the company may lawfully throw them away unless someone has demanded that they be kept.
| Record | Minimum the carrier must keep it |
|---|---|
| Driver hours-of-service logs and supporting documents | 6 months (49 C.F.R. § 395.8(k)) |
| Inspection, repair and maintenance records | 1 year, plus 6 months after the truck leaves the carrier’s control (§ 396.3(c)) |
| Accident register entry for the crash | 3 years (§ 390.15(b)) |
Engine control module data, dash camera video and GPS or dispatch messages have no long federal hold time at all. Many fleets record over them on a schedule. If your first lawyer did not send a preservation letter to the carrier soon after the crash, the log data may already be at risk. That is the first thing we check.
Free second opinion
Tell us what is going wrong with your current lawyer. We will look at where your case stands and tell you plainly whether switching makes sense.
What your new lawyer has to catch up on
- Whether a lawsuit was filed against every company that may share fault, and whether each one was properly served.
- The carrier’s USDOT number, operating authority and insurance filings, which show who was really running the load.
- What discovery has been sent and answered, and whether any responses are overdue.
- Whether the driver and company representatives have been deposed, or scheduled.
- Any defense medical exam the defense has asked for, and what your treating doctors have said about future care.
- Expert deadlines. Truck cases often need an accident reconstruction expert and a trucking safety expert, and missed designation dates are hard to fix.
Texas fault rules in multi-defendant truck cases
Under Civil Practice and Remedies Code § 33.001, you recover nothing if you are found more than 50 percent at fault. With several defendants, the jury assigns a percentage to each one, and to you (§ 33.003). A defendant found more than 50 percent responsible is liable for the full recoverable damages; others pay only their share (§ 33.013).
Trucking defendants often point at each other, or at a driver who is not in the suit. A defendant can move to designate a responsible third party at least 60 days before trial, and an objection is due 15 days after service (§ 33.004). A new lawyer stepping into a truck case has to check right away for pending designations, since a missed objection can move fault onto someone who will never pay.
Deadlines
A Texas truck accident injury suit generally has to be filed within two years (§ 16.003). If a public vehicle or a road defect is involved, written notice to the government is due within six months (§ 101.101). A change of lawyers does not extend either one. For more on our trucking work, see our Texas office page.
Fees when you switch a truck case to us
Your attorney fee stays where it is when you move your case to Beverly Law. Any amount your first firm earns for its work is taken from our fee, not charged to you on top. Truck cases often carry large costs for experts and depositions. Those advanced costs are normally repaid from the recovery, as on any case, and if nothing is recovered you owe nothing.
Texas does weigh why you made the change. A lawyer fired without good cause may claim the contract fee under Mandell & Wright v. Thomas, subject to the unconscionability limit in Hoover Slovacek. When the lawyer failed to act as a reasonably skilled lawyer would, Rocha v. Ahmad limits recovery to the reasonable value of the work done. We go over this with you before anything is sent.
If you signed a release and the truck case already settled, we are not able to help; the release generally ends the claim.
Signs a truck case is stalling
Truck cases move slower than car cases, so slow by itself is not a warning sign. These are more concerning:
- No one can tell you whether the trucking company was sent a preservation letter.
- Months pass after the crash and only the driver has been named, with no check on who owned the trailer or arranged the load.
- Discovery deadlines pass without responses from your side.
- You learn about a hearing or deposition date only after it happens.
If any of these sound familiar, ask your lawyer about them in writing. Our guide to switching lawyers mid-case covers what to do if the answers do not come.
Before you decide
Talk to your current lawyer first if you can. Ask whether preservation letters went out, which defendants are in the case and when expert deadlines fall. If the answers do not come, or you cannot reach anyone, a free second opinion from us is a reasonable next step. Start on our contact page, in English or Spanish.
Common questions
Can I change lawyers in the middle of a truck accident case in Texas?
Yes. You can discharge your lawyer at any time, and if a suit is pending the new lawyer files a substitution with the court.
How long does a trucking company keep driver logs?
Federal rules require at least six months for hours-of-service records (49 C.F.R. § 395.8(k)). After that they may be discarded unless the company has been asked to preserve them.
Will switching truck accident lawyers cost me more?
Not with Beverly Law. The first firm’s share comes from our fee. Costs it advanced are normally repaid from the recovery.
What if the trucking company says I was partly at fault?
Texas reduces your recovery by your share of fault and bars recovery above 50 percent. A new lawyer needs to see the reconstruction evidence early to answer that argument.
Can I switch lawyers after my truck case settled?
If you signed a release and the case settled, the claim is generally over and we cannot help reopen it.
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We take over injury cases from other firms in California, Texas and Washington. Free, confidential, English or Spanish. Switching to us does not raise your fee, and you owe no fees or costs unless we win.
Related pages
How to Switch Personal Injury Lawyers in Texas · Can You Switch Lawyers in the Middle of a Personal Injury Case? · My Lawyer Is Not Working on My Case: Signs and What to Do · Can I Fire My Lawyer Before Trial? · Do I Pay Two Lawyers If I Switch? · Switching Car Accident Lawyers in Texas · Switching Wrongful Death Lawyers in Texas
Sources
- Hoover Slovacek LLP v. Walton, 206 S.W.3d 557 (Tex. 2006) (courtlistener.com)
- Mandell & Wright v. Thomas, 441 S.W.2d 841 (Tex. 1969) (courtlistener.com)
- Rocha v. Ahmad, 676 S.W.2d 149 (Tex. App.—San Antonio 1984) (courtlistener.com)
- Texas Rule of Civil Procedure 10 (txcourts.gov)
- 49 C.F.R. § 395.8(k) (ecfr.gov)
- 49 C.F.R. § 396.3(c) (ecfr.gov)
- 49 C.F.R. § 390.15(b) (ecfr.gov)
- Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 33.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 33.013 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 33.004 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 101.101 (statutes.capitol.texas.gov)
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. If you already signed a settlement release, we generally cannot take the case. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 8, 2026.