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Have you been injured in a truck accident near Houston, Texas? The Houston truck accident lawyers at Baumgartner Law Firm specialize in commercial vehicle accident cases.

At Baumgartner Law Firm in Houston, we’ve been winning truck accident cases all over Texas for over 38 years. We are undefeated in trucking cases and get top results. For a case review, contact the best truck accident law firm in Houston, and let us help you through this tough time. Call us at (281) 587-1111.

Call us today for a FREE CONSULTATION.

Since 1985, Greg Baumgartner has been dedicated to helping truck accident victims get the maximum compensation they deserve.
Meet Greg Baumgartner

Greg Baumgartner, the founder of Baumgartner Law Firm, has spent the last 35 years helping truck accident victims. He is top-rated in personal injury and wrongful death cases and has won tens of millions for truck and 18-wheeler accident victims in Houston and across Texas. Let his skills, experience, and winning track record work to maximize your compensation.


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Houston Truck Accident Lawyer

Why Choose Baumgartner Law Firm For My Truck Accident Case?

Here’s why Houston semi-truck accident lawyer at Baumgartner Law Firm is the right choice to represent you:

  • Undefeated in Truck Accident Cases. We have a proven track record of fighting hard for our clients and winning.
  • Over 38 Years of Experience. Our experience in commercial vehicle accident claims means you get the attorney you deserve.
  • Recognized in the Industry for our Excellence. Professional legal groups have acknowledged our expertise in truck accidents. Insurers know us and what we do for our clients.
  • Incredible Results. We have secured numerous seven-figure settlements for our truck accident clients.
  • Hundreds of Commercial Vehicle Accident Cases. We have won hundreds of truck accident cases.
  • No Win, No FeeWe work on a contingency fee basis, which means we don’t get paid unless we win your case.

But beyond these highlights, there are additional factors you should consider:

  1. Specialization: Truck accidents have unique dynamics and regulations. Working with an attorney specializing in truck accident cases is crucial to leverage their specific skill set and experience.
  2. Proven Track Record: Look beyond our victories. Review past settlements and verdicts to gauge our ability to consistently secure favorable outcomes.
  3. Reputation and Reviews: Research our reputation within the legal community and check online reviews from past clients. A positive reputation and satisfied clients are indicators of trustworthiness and reliability.
  4. Resources: Truck accident cases often demand extensive resources. Ensure that the law firm you choose has access to the necessary resources to strengthen your case.
  5. Personalized Attention: Choose an attorney who will give your case the attention it deserves. Avoid those who handle a high volume of cases, as they may not have adequate time to dedicate to your situation.

Considering these factors, you can make an informed decision and choose the best attorney to represent you in your truck accident case. Our firm meets and excels in these criteria, ensuring you get the representation you deserve.

If you or a loved one has been injured in a truck crash, contact Baumgartner Law Firm for experienced, proven attorneys. Let our 18-wheeler accident lawyer in Houston fight for you.

Our Houston Truck Accident Attorneys Can Help You

If a truck accident has caused serious injuries to you or a loved one, don’t go it alone. Truckers are backed by big insurance companies that can delay your claim and try to pay you less than you deserve. To stand up to them, you need the best lawyers!

Baumgartner Law Firm, based in Houston, has represented accident victims since 1985. In all that time, we’ve not lost a trucking case. Our experienced truck accident lawyer will provide the personal attention your case requires to get you the compensation – and peace of mind – you deserve. Expert semi-truck accident attorneys will do this.

  • dealing with the truck driver’s insurance company on your behalf
  • gathering evidence and evaluating your case
  • investigating the trucker and trucking company
  • analyzing how the crash occurred
  • negotiating with your own insurance company
  • helping you get the medical care or physical therapy you need
  • documenting your truck accident injuries
  • looking for any violations of federal trucking regulations
  • obtaining your medical records and bills
  • getting information and accident reports from the local police department or law enforcement agencies
  • retaining expert witnesses if needed
  • negotiating fair compensation for your injuries
  • If needed, file a personal injury lawsuit to hold the driver and trucking company responsible.

Contact Baumgartner Law Firm ASAP. We will fight for justice for you!

Truck accidents can have life-altering consequences, and the legal process can be daunting. Our firm offers complete legal help for all truck accident victims in Houston. We have the experience and resources to handle even the most challenging cases.

If you were in a truck accident, such as a jackknife, our lawyers can help. We know the trucking regulations by heart. We will fight for you and sue the truck driver and company when necessary.

Immediate Support for Victims

  • Direct Access to Expertise: When you call our offices for help, you will speak directly with a truck accident attorney. This ensures that you understand your legal rights and options right away.
  • Personalized Guidance: Our team is dedicated to pursuing actual results for our clients. We provide clear and immediate information about your case so you won’t be left in the dark.
  • Commitment to Results: We are not just about providing legal advice; we are committed to achieving tangible outcomes that make a difference in your life.
  • Contact our Houston truck accident lawyer for your FREE Consultation.

Comprehensive Legal Assistance

Our firm stands out because of our dedication to our clients:

  • Specialized Knowledge: With extensive knowledge of trucking regulations, we are well-equipped to handle your case.
  • Aggressive Representation: We will take all necessary legal actions, including suing the truck driver and company, to ensure you receive the compensation you deserve.

By combining our expertise with personalized, immediate support, we aim to make the legal process as stress-free as possible for you.

Looking for a truck accident lawyer for an 18-wheeler accident? Call our Houston truck accident lawyer for a FREE Case Evaluation.

Get a FREE Consultation with an Experienced Houston Truck Accident Lawyer Now

At Baumgartner Law Firm, we care. And our Houston truck accident attorneys will aggressively represent you to get full compensation for your claim. Our personal injury lawyers in Houston will help you get fair compensation by building a strong case against the person at fault. We are undefeated in truck accident lawsuits.

Contact our Houston personal injury lawyer for a free case review online or by phone at (281) 587-1111.

How Do Texas Semi-Truck Accident Injuries Differ from Other Traffic Collisions?

When considering the impact of a collision involving a semi-truck, it’s crucial to acknowledge these vehicles’ sheer size and weight. A fully loaded semi-truck can weigh up to 80,000 pounds. This massive weight creates a significantly greater force during a crash, leading to more severe injuries than typical car accidents.

Catastrophic Injury Potential

Due to the immense weight and size, accidents involving semi-trucks tend to result in catastrophic injuries. These can include spinal cord damage, traumatic brain injuries, and multiple fractures. In the worst-case scenarios, the smaller vehicle’s occupants may not survive the initial impact.

Higher Compensation Needs

The aftermath of a semi-truck accident often requires greater financial compensation. This is because victims might face extensive medical treatment, long-term rehabilitation, or permanent disability. Consequently, their compensation must reflect these considerable expenses to help them rebuild their lives.

Complex Legal Proceedings

Litigating a semi-truck accident case involves pursuing multiple liable parties. Unlike standard car accidents, which usually involve just the drivers, semi-truck accidents could implicate the trucking company, the truck’s manufacturer, or even the maintenance crew. Plus, trucking companies must follow strict safety rules. The violation of this can be strong evidence in a personal injury lawsuit.

Each responsible party must be held accountable to achieve the maximum financial outcome for the victims.

In summary, Texas semi-truck accidents involve unique challenges due to these vehicles’ enormous size and weight, the severe injuries they often cause, the substantial compensation required, and the complex legal landscape. Understanding these factors can better prepare victims and their families for the arduous road ahead.

What Evidence Do I Need to Win a Truck Accident Lawsuit?

What Evidence Do I Need for a Truck Accident Lawsuit?

When a serious trucking accident happens in the Houston area, the police will investigate. They may even recreate the scene to understand what happened. But don’t rely on the authorities to gather all the evidence you will need for your case. Some crucial evidence may get overlooked or not make it into the police report.

Police do only what they feel is necessary to determine who is at fault. They are not there to determine the extent of your injuries, the value of your damages, the necessity of your medical treatment, and whether your lost wages are related to the accident. That is where experienced Houston truck accident lawyers can help.

Trucking accident attorneys need to do an investigation to help win your case. Hiring a truck accident attorney right after the crash can make the difference in winning your claim. Truck accidents involve complex evidence. An experienced trucking accident lawyer can begin an investigation to gather key evidence.

Liability evidence will likely include the following:

  • Accident scene details – photos, skid marks, and debris that reveal accident details.
  • Eyewitness accounts – witness accounts are some of the most important evidence for proving who was at fault.
  • Vehicle damage and condition – Evidence of the vehicle’s damage and condition may be needed. An inspection can help determine the impact and causes of the accident.
  • Electronic data – information from the truck’s black box that records speed, braking, and driver hours.
  • Driver logs – logbooks from the truck driver can be vital in proving things like hours of service violations.
  • Crash reports – the police officers’ findings and opinions.
  • Maintenance records—The condition of the 18-wheeler might have contributed to the accident, and maintenance records can help prove this.
  • Expert witnesses- your lawyer may retain experts to evaluate the crash and testify on your behalf.
  • Accident reconstruction – reenacting the accident can provide proof of how and why the crash occurred.

Your commercial vehicle accident attorney can also help prove the following:

  • The extent of your injuries.
  • The value of your damages.
  • The cost and necessity of your medical treatment.
  • Whether your lost wages are related to the accident.

Our truck accident lawyers know how to get evidence to settle your case on the most favorable terms. If we can’t settle your case, we will take your case to trial. Trucking companies and insurers know our reputation for results. That’s why, over the past 38 years, we have obtained hundreds of millions of dollars for injured clients.

If you’ve been injured in a truck accident, contact our Houston truck accident lawyers for a FREE CONSULTATION. We will use our decades of expertise to help you.

What Are the Common Injuries in Truck Accidents?

Truck accidents often result in severe injuries due to the immense force involved. Here are some of the most common injuries victims might suffer:

  1. Traumatic Brain Injuries (TBIs)
    • Range of Severity: TBIs can range from mild concussions to severe brain damage.
    • Long-term Effects: Long-term cognitive dysfunctions and neurological issues are common, significantly impacting daily life.
  2. Spinal Cord Injuries
    • Types of Damage: Spine injuries can lead to either partial or complete paralysis.
    • Life Impact: Victims often experience drastic changes in mobility and overall quality of life.
  3. Broken Bones and Fractures
    • Collision Impact: The force from a truck collision frequently results in broken bones and multiple fractures.
    • Recovery: Extensive medical treatment and rehabilitation are usually necessary for full recovery.
  4. Internal Injuries
    • Nature of Injuries: Internal bleeding, organ damage, and other serious internal conditions are common.
    • Treatment: Such injuries often require immediate surgical intervention to prevent life-threatening complications.
  5. Whiplash and Neck Injuries
    • Cause: The sudden jolt from a crash typically results in whiplash.
    • Symptoms: Pain, stiffness, and long-term discomfort frequently impact day-to-day activities.

Understanding these common injuries highlights the critical need for prompt medical attention and comprehensive care for those involved in truck accidents.

What to Do After a Truck Accident?

We suggest doing the following at the scene if you were hit by a large truck or involved in a trucking accident:

Call our Texas truck accident lawyers for help with a serious truck accident. You will not find more experienced truck accident lawyers in Lone Star State!

Call our Houston truck accident attorney for a Free Case Review. Learn your rights and options.

What Causes Most Truck Accidents in Houston, Texas?

Truck drivers and trucking companies must comply with trucking regulations. Drivers are under pressure to deliver the loads quickly, which can lead to long hours on the road, negligence, and driver errors.

Here are some of the more common driver errors that lead to accidents:

Understanding Common Causes of Texas Highway Accidents

Accidents on Texas highways are often attributed to a variety of factors. Commercial trucks’ immense size and weight present unique hazards, but other common causes affect all vehicles. Here’s a closer look:

1. Driver Fatigue

  • Long hours on the road can lead to tiredness, slowing reaction times, and impairing judgment.

2. Vehicle Maintenance Issues

3. Speeding and Reckless Driving

4. Weather Conditions

  • Rain, fog, and other adverse weather can reduce visibility and make roads slippery.

5. Faulty Equipment

  • Mechanical failures, such as brake malfunctions or tire blowouts, can lead to devastating crashes.

Houston highways are bustling with traffic, so awareness of these factors is crucial for staying safe. By understanding these common causes, drivers can take proactive steps to avoid contributing to the risk of accidents.

Trucking Company Liability and Negligence

Trucking companies can be legally responsible for a driver who causes a wreck. Trucking companies fall into two categories.1) employer responsibility and 2) employer negligence.

Vicarious Liability

An employer is responsible for its employees’ actions when they are acting within the scope of their job duties. This is known as vicarious liability. The company will be responsible for the fault of their driver.

Trucking Company Negligence

Trucking companies can face liability for their own negligent practices. Here are a few of trucking company negligence:

Improper Maintenance

Regulations require regular inspection and maintenance of commercial trucks. Improper maintenance that leads to harm will make the company liable for that harm.

Negligent Hiring and Training

Trucking companies must hire qualified drivers who have the right licenses and a clean driving record.

Violation of Hours-of-Service Regulations

Some trucking companies force drivers to meet impossible delivery deadlines, which can cause fatigue or dangerous driving. Violations of hours-of-service regulations are negligence.

Liability in a Houston Trucking Accident Case: How it’s Determined

Who Can Be Liable in a Trucking Accident Case?

Determining how and why a crash occurred requires a detailed investigation. We understand how complicated these cases can be at Baumgartner Law Firm and are here to help you find answers. Our lawyers will review the 18-wheeler accident, collect evidence to show liability, and determine why the truck crashed.

The driver and trucking company are usually held responsible, but others may also share some blame. We have successfully sued various entities after an 18-wheeler accident, including:

Our lawyers know that the driver causes Houston truck accidents. However, we also consider other factors, like faulty or poor maintenance, that could play a role. We look beyond the obvious parties to consider all causes.

Expertise is vital when choosing a big rig accident law firm.

Proven Results in Winning Houston Commercial Vehicle Accident Cases

Here are a few recent commercial vehicle accident cases we have won:

Case 1: Justice in Wrongful Death Truck Accident Where the Company Blamed the Victim

When a truck driver caused a tragic accident that led to the victim’s death, the defense tried to blame the victim. They claimed the victim was speeding and not paying attention. Using our expertise, we broke down the defense’s arguments. And proved the truck driver caused the wreck. That led to a significant confidential settlement that brought justice to the victim’s family.

Case 2: Exposing Safety Failures to Maximize Client Compensation- Fatal Crash

A semi-truck driver jackknifed across a highway and leading to a fatal collision. Our team uncovered several violations of Federal Motor Carrier Safety Regulations. The trucking company’s failed to train the driver. By proving these violations, we secured a substantial settlement from the insurance company. Which ensured our client received the maximum possible compensation, which remains confidential due to its size.

Case 3: Turning a Lowball Offer on a Truck Accident Injury Claim into a Major Victory

When a truck driver failed to yield the right-of-way and collided with our client, the trucking company tried to blame her. Falsely claiming she ran a red light. We refused their low settlement offer. Through aggressive litigation, we turned their low offer into a settlement ten times higher. Securing the substantial compensation our client deserved.

Baumgartner Law FIrm

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How Much Are Settlements for Commercial Truck Accidents in Houston?

How much are settlements for commercial truck accidents?

Commercial truck accident usually lead to higher settlements than regular car accidents. As they often involve larger insurance policies, serious injuries, and significant property damage. The exact amount you can expect varies based on multiple factors.

Factors Influencing Settlement Amounts

  1. Severity of Injuries: The more severe your injuries are, the higher the settlement will likely be. This includes immediate medical expenses and long-term care costs.
  2. Medical Expenses: Medical bills for treatment needed because of the wreck.
  3. Your Role in the Accident: If you contributed to the accident. Courts in Texas consider comparative fault when determining compensation.

Average Settlement Figures

  • Car Accidents: Average around $21,000.
  • Truck Accidents: These are usually higher due to the factors mentioned above. We have many multi-million dollar wins in trucking accident cases.

Remember, these are just averages—your facts will heavily influence the final number. You might receive a lot more or less than these figures based on the unique aspects of your case.

Estimating Case Value is Difficult Without All the Facts

It’s difficult to estimate a settlement for a commercial truck accident without knowing the details. The more severe your injuries are, the larger the settlement you can expect. Consult a personal injury lawyer to give you a more accurate estimate.

What Compensation Can I Get in a Houston Truck Accident Claim?

Truck accidents can cause severe injuries. Knowing what compensation you can get is crucial for your financial stability and peace of mind. At Baumgartner Law Firm, we help truck accident victims get the full compensation they deserve.

Depending on the case, compensation may be due for medical expenses, lost wages, pain and suffering, and other related personal injury damages. The types of compensation are discussed below:

Medical Expenses: Covering the Cost of Your Care

After a truck accident, you may face high medical expenses. Compensation can cover:

  • Emergency Room Visits: Immediate medical attention and tests.
  • Surgical Procedures: Costs of surgeries and post-surgery care.
  • Rehabilitation: Physical therapy for recovery.
  • Prescription Medications: Necessary drugs for pain management and treatment.
  • Future Medical Care: Expected costs for long-term care and follow-ups.

Lost Wages: Compensation for Your Lost Income

Serious injuries can keep you from working, causing you to lose income. Compensation for lost wages includes:

  • Current Lost Wages: Income that you have lost due to being unable to work.
  • Future Lost Wages: Projected income loss if you can’t work in the future.

Diminished Future Income Capacity: Addressing Long-Term Impacts on Your Career

If you have a disability, you may be compensated for diminished earning capacity, including:

  • Reduced Work Hours: Compensation for being unable to work full-time or at all.
  • Change in Occupation: Financial support if you can only perform a lower-paying job due to your injuries.

Pain and Suffering: The Emotional and Physical Toll

Besides financial losses, truck accident victims often suffer significant pain and suffering. Compensation can cover:

  • Physical Pain: Chronic pain and discomfort from your injuries.
  • Emotional Distress: Anxiety, depression, and psychological trauma.
  • Loss of Enjoyment: Inability to participate in activities you once enjoyed.

Special Damages: Tailoring Compensation

Special damages cover specific costs related to your situation, such as:

  • Home Modifications: Changes to your home to accommodate disabilities.
  • Hired Help: Costs for in-home care or assistance with daily activities.
  • Other Unique Requirements: Expenses directly related to your injury and recovery.

Loss of Consortium: Recognizing the Impact on Your Family

Truck accidents can damage family relationships. Compensation for loss of consortium covers:

  • Spousal Relationships: Impact on your marriage and companionship.
  • Parent-Child Relationships: How this impacts you with your children.

Punitive Damages: Extreme Recklessness

In cases of extreme recklessness or willful misconduct, the court may award punitive damages to:

  • Punish the Defendant: Deter similar behavior in the future.
  • Send a Message: Highlight the severity of the defendant’s actions.

Wrongful Death: Seeking Justice for Your Loved One

If you lost a loved one in a truck accident, you may pursue a wrongful death claim. This compensation can cover:

  • Economic Losses: Lost wages, burial, cremation, funeral expenses, and loss of support.
  • Non-Economic Damages: Emotional suffering and loss of companionship.

At Baumgartner Law Firm, we are committed to getting the maximum compensation for truck accident victims. Contact us today to discuss your case and learn how we can help you through this challenging time. (281) 587-1111.

How We Hold Trucking Companies Accountable to Maximize Your Compensation

At Baumgartner Law Firm, we use our 35 years of expertise and proven track record of success in truck and commercial vehicle accident cases to ensure that trucking companies take full responsibility for the harm they cause. Our ability to secure substantial compensation for our clients forces these companies and their insurance adjusters to take us seriously from the moment we take on your case.

Our attorneys have consistently proven the negligence of trucking companies and their drivers, no matter how complex the circumstances. In a recent case, after extensive discovery and subpoenaing of the truck driver’s cell phone records, which we compared with the driver’s logs, we proved the trucker had lied about his hours behind the wheel. Working over the allowed hours was a major violation of the federal and Texas safety regulations and led to a substantial confidential settlement for our client.

Understanding Federal Motor Carrier Safety Regulations (FMCSA)

Truck accident litigation is not the same as a typical car wreck case. Winning against trucking companies requires a deep understanding of the intricate web of state and federal safety regulations that govern commercial vehicle operations in the United States. These regulations, particularly the Federal Motor Carrier Safety Regulations (FMCSR), are critical to ensuring the safety of our roads and highways.

The FMCSR, established by the United States Department of Transportation, governs every trucking company and driver operating a commercial vehicle in the country. Having successfully represented thousands of clients in truck and 18-wheeler accident cases, we know which regulations to scrutinize, where to uncover vital evidence, and how to present it in court to ensure trucking companies and their drivers are held accountable for their negligence.

Key Federal Regulations Impacting Truck Accident Claims

When we take on your case, we meticulously review and investigate all aspects of your accident, guided by the most critical federal regulations that trucking companies must follow. Below are some of the essential regulations that frequently come into play in our truck accident lawsuits:

Hours of Service Violations

The FMCSA restricts the number of hours a commercial truck driver can operate a vehicle. Drivers traveling across state lines cannot exceed 11 hours of driving within 24 hours. They must also maintain electronic logbooks documenting their driving, duty, and rest periods. These logs prove whether the driver was tired during the accident. Our lawyers are experts at scrutinizing these logs to identify violations, such as exceeding the legal driving limit or falsifying records.

Vehicle Maintenance Failures

Federal law mandates that trucking companies and their drivers must conduct regular inspections and maintain their vehicles to ensure they operate safely. Companies are required to keep detailed records of safety inspections, routine maintenance, and any necessary repairs. Failure to comply with these obligations can lead to severe accidents. We know how to access and leverage this evidence to prove negligence on the part of the trucking company.

Hiring and Training Deficiencies

Trucking companies must perform extensive background checks and provide comprehensive safety training for their drivers before they are allowed to operate commercial vehicles. Federal regulations also require these companies to continually monitor their drivers’ safety records and provide ongoing training. Inadequate training or improper hiring practices are common in accident cases, and we know how to uncover these failures to strengthen your claim.

Drug and Alcohol Testing Violations

The law is clear: truck drivers can’t use drugs or alcohol while driving or within eight hours before going “on duty.” Trucking companies must conduct drug testing when hiring new drivers and continue random drug and alcohol testing for at least 50% of their drivers annually. When these regulations are ignored, the results can be deadly. Our attorneys will thoroughly investigate whether the truck driver and trucking company involved in your accident complied with drug and alcohol regulations.

Building a Strong Case Against Trucking Companies

We understand that trucking companies and insurers will go to great lengths to avoid taking responsibility for an accident. These companies often have vast resources, including experienced legal teams and sophisticated insurance defense strategies to minimize payouts. However, our Houston-based truck accident attorneys have years of experience successfully fighting and winning cases against trucking companies.

When we represent you, we focus on gathering every piece of critical evidence to support your claim. This includes obtaining black box data, driver logs, safety inspection records, and witness testimony. We work with accident reconstruction experts and specialists in trucking industry standards to create a comprehensive case highlighting the negligence of the driver and the trucking company.

Why Trucking Safety Violations Are Key to Your Case

Trucking companies must adhere to strict safety regulations because commercial trucks present an inherent danger to everyone on the road. These vehicles are significantly larger and heavier than passenger cars, making any collision with them more likely to result in serious injuries or fatalities. Therefore, even minor violations of FMCSA regulations can have catastrophic consequences.

In almost every truck accident case we handle, trucking safety violations play a central role. Whether it’s a driver exceeding the legal hours of service, failing to maintain the truck properly, or the company neglecting to perform required drug tests, these violations can mean the difference between a favorable settlement and an insufficient payout.

Protecting Your Rights After a Truck Accident

After an accident, it is essential to protect your legal rights. When speaking to the police or insurance adjusters, stick to the facts and avoid speculation about fault. You mustn’t give the trucking company’s insurance adjuster a recorded statement. Their goal is to minimize your compensation. Instead, contact us immediately so that we can start gathering the evidence needed to build a strong case and secure the maximum compensation you deserve.

Holding Trucking Companies Responsible: Our Approach

Our truck accident attorneys are dedicated to holding trucking companies accountable for the harm they cause. We approach every case with the same tenacity and attention to detail that has earned us our undefeated reputation in truck accident litigation. By relying on our in-depth knowledge of federal and state trucking regulations and our extensive experience in winning complex truck accident cases, we ensure that clients receive the highest compensation possible.

We don’t just settle cases—we build them to win at trial if necessary. When you work with us, you can rest assured that we will leave no stone unturned in our pursuit of justice for you and your loved ones. From the moment you hire us, we will fight aggressively to ensure you receive the compensation you deserve for your medical expenses, lost wages, pain and suffering, and more.

How Much Does it Cost to Hire a Truck Accident Attorney?

Hiring our Houston trucking accident lawyers at Baumgartner Law Firm comes with no upfront fees. Our services are on a contingency fee basis, meaning you will only pay if we win your case. This way, you will not face out-of-pocket costs during the legal process, as we cover all expenses upfront. Our fees range from 33% to 40% of the settlement or recovery amount.

Call our Houston truck accident attorney for a FREE CONSULTATION if you have been injured in a trucking accident.

Filing a Wrongful Death Lawsuit After a Fatal Truck Accident in Houston- What Families Need to Know

Losing a loved one in a truck accident is both emotionally and financially devastating. Texas law offers a way for families to seek justice and hold responsible parties accountable through a wrongful death lawsuit. The Texas Wrongful Death Act allows surviving family members to pursue compensation for the financial and emotional toll of their loss.

Who Can File a Wrongful Death Lawsuit?

Under Texas law, the following immediate family members have the right to file a wrongful death lawsuit:

  • Surviving Spouses
  • Children of the Deceased
  • Parents of the Victim

Extended family members, such as siblings, generally do not have the legal standing to file a wrongful death claim under Texas law.

Types of Compensation Available in a Wrongful Death Claim

A wrongful death claim can help families recover compensation for various losses, including:

  • Funeral and Burial Expenses – Covering the costs associated with the funeral and burial
  • Loss of Financial Support – Addressing the loss of income and benefits the deceased would have provided.
  • Loss of Companionship and Emotional Support– Compensating for the absence of the deceased’s affection, guidance, and companionship.
  • Emotional Distress – Recognizing the grief, sorrow, and mental anguish experienced by surviving family members

Pursuing a Claim Through the Deceased’s Estate

Texas law also allows for a survival action, a separate type of lawsuit to recover damages the deceased would have been entitled to had they survived. This claim, filed by the deceased’s estate, can seek compensation for:

  • Pain and Suffering – Compensation for the physical and emotional pain the victim endured before passing.
  • Lost Wages – Recovery of wages lost between the injury and death
  • Other Personal Injury Damages – Additional compensation for medical expenses or other damages related to the injury

A wrongful death and survival action provide paths for families and estates to seek justice and financial support following a tragic accident. Contact Baumgartner Law Firm for your free consultation with a proven truck accident attorney.

How Common Are Commercial Truck Accidents in Houston, TX?

Commercial truck accidents are a significant concern in Houston, TX. In 2023 alone, Texas reported a staggering 38,909 crashes involving commercial vehicles.

Harris County: A Major Hotspot

  • With 6,113 semi-truck accidents, Harris County accounted for over 15% of the state’s commercial vehicle incidents.
  • These accidents led to 40 fatalities and 149 serious injuries, in addition to over 2,000 minor injuries.

Fort Bend County

  • Experienced 474 truck crashes.
  • This resulted in 4 deaths and 13 serious injuries.

Montgomery County

  • Recorded nearly 656 truck accidents.
  • The crashes led to 6 fatalities and 26 serious injuries.

How Long Does a Houston Truck Accident Case Take?

Truck accident cases can last from two months after medical care is complete to over two years. The duration depends on the need for a lawsuit and liability factors. Predicting the exact length of an 18-wheeler settlement is tough without knowing the details and cause of the crash. If liability is disputed or damages are substantial, the case will take longer.

A semi-truck collision is more complex than a car accident. If fault is clear and the injuries are minor, cases can settle within two months after medical treatment.

Truck accident cases with serious injuries or deaths usually take one to two years to settle. The time needed depends on the lawyers, courts, and details of each case.

What is the Statute of Limitation for Truck Accident Claims in Texas?

You have two years in Texas to file a personal injury lawsuit after a truck accident. It’s important to know this deadline and act. The time starts counting down right after the accident. It’s best to get legal help immediately rather than wait until the last moment.

Remember, time is of the essence! Waiting too long to initiate your claim can result in the loss of vital evidence, potentially weakening your case.

Steps for Filing a Truck Accident Claim in Houston, TX

Be patient while your attorney:

Initial Consultation

The first step is to schedule a consultation with a truck accident attorney. During this meeting, you will discuss the details of your case. This crucial step helps you evaluate your circumstances and guides you on the next steps. If you find the right attorney, consider hiring them. Call the top-rated 18-wheeler truck accident attorney at Baumgartner Law Firm for your free case consultation at (281) 587-1111.

Investigation and Gathering Evidence

Your attorney will conduct a thorough investigation to gather the necessary evidence. This can include accident reports, medical records, and witness statements. The goal is to strengthen your claim and increase the chances of a favorable outcome.

Filing a Lawsuit

If negotiations with the insurance company do not yield a fair settlement, your attorney may advise filing a lawsuit. This step initiates the legal process and sets the stage for potentially taking your case to trial.

Discovery and Pre-Trial Preparation

During the discovery phase, both parties will exchange information and evidence. Your attorney will prepare your case by developing a strong legal strategy, consulting with experts, and gathering all necessary documentation.

Settlement Negotiations

Your attorney will negotiate with the opposing party to reach a fair settlement. You will be advised whether to accept any settlement offers, ensuring they adequately compensate you for your damages.

Trial and Judgment

If your case goes to trial, your attorney will represent you. They will present evidence, cross-examine witnesses, and work tirelessly to secure a favorable judgment on your behalf.

Steps for Filing a Truck Accident Claim in Houston, TX

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If you were injured in a crash with a big truck, you should be compensated for all your losses. Our Houston truck accident attorney at Baumgartner Law Firm will treat you like family. For a FREE CONSULTATION with a preeminent-rated trucking attorney, call us today.

You will always come first!

Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069

(281) 587-1111

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Experienced Truck Accident Attorney
Frequently Asked Questions

Truck Accident FAQ’s

What tactics do insurance adjusters use to underpay and deny truck accident claims?

Insurance companies use tactics like delays and denials to handle truck accident injury claims. They may request excessive paperwork or conduct lengthy investigations. Making the process frustrating for victims. This can lead victims to accept lower settlements or abandon their claims.

Trucking companies may try to blame you or others for the accident. They might say you share some responsibility, which could reduce the amount of money you receive as compensation.

Insurance companies offer low amounts to settle claims quickly. They hope that people who need money will accept less than what their damages are worth.

Defense lawyers or insurance investigators might monitor you to find evidence that could harm your case. They use this information to challenge your honesty. The truck accident attorneys at Baumgartner Law Firm in Houston can help protect your rights against these unfair tactics.

What is the “black box” on 18-wheelers, and how is it used in trucking accidents?

The “black box,” or event data recorder (EDR), is common in semi-trucks. It helps analyze truck crashes and offers important evidence for truck accident lawsuits.

In truck accidents, the EDR captures key information such as speed before the crash, steering actions, and braking details. This data is helpful in showing negligence and important facts about braking and speed. We have used this black box information in many trucking accident cases to support our arguments.

Hire a trucking accident lawyer quickly to make sure the truck’s black box data is kept safe.

What are some examples of negligence on the part of trucking companies?

Trucking companies can be negligent in several ways. Trucking companies can be careless in many ways. They might make drivers work too long. They may allow drivers to use fake logbooks. Some hire unqualified drivers.

Others ignore drug tests and health checks. They might provide poor training and use unsafe trucks. Many do not follow federal safety rules.

What are the regulations for brakes on semi-trucks?

Big truck rules say that every 18-wheeler must have a warning light on the dashboard. This light alerts drivers to brake failure.

All air brakes on the truck or trailer must have a pressure gauge. The gauge should be easy for the driver to see.

Federal rules state that braking systems must automatically adjust for wear on brake parts. Additionally, regular manual inspections are required to ensure the braking system works properly.

Truck operators must keep records of any brake repairs, replacements, or installations. This paperwork should be easy to access for inspections.

An 18-wheeler with working brakes takes about one-third longer to stop than a car. If the brakes are not working properly, it can lead to more accidents. Many rear-end truck accidents have been linked to faulty brakes.

How does negligent truck maintenance contribute to accidents?

Neglecting truck maintenance can lead to road accidents, especially due to brake failure. If a truck’s brakes are not well-maintained, it may not stop in time, increasing the risk of accidents.

Not taking care of truck maintenance can cause road accidents, especially from brake failure. If a truck’s brakes are not maintained, it may not stop in time, which raises the risk of accidents.

Tractor trailers need about one-third more distance to stop than regular cars. Faulty brakes make this stopping distance even longer.

How many truck accidents happen in the greater Houston area?

According to the Texas Department of Transportation, in 2023, in the greater Houston area, Harris County leads the pack in truck crashes with over 6,113total big truck wrecks. The total for 2023 includes 40 fatalities and over 2422 injury or suspected injury trucking accidents.

Per the Texas Department of Transportation, in 2023, commercial truck accident totals for the counties bordering Harris include over 2000 commercial truck accidents with 27 fatalities.

How are 18-wheeler accidents different from a car crash case?

Truck accidents are different from regular car accidents and need special knowledge to handle personal injury claims. Safety rules for truck drivers and companies often change.

It is important to hire lawyers who have experience with truck accident cases. They can represent you against a truck driver or company. These lawyers understand the complexities involved and can help you get the compensation you deserve. They understand the complexities involved and can help you get the compensation you deserve.

Can I make a claim if I was partly at fault?

In Texas, if you’re in an accident, you can still get money for damages as long as you’re not more than 51% at fault. In Texas, you can get money for damages after an accident. However, you must be less than 51% at fault. If you are partly at fault for the truck accident, you may still get money from the other person involved.

Should I speak with the insurance company for the truck driver?

After a truck accident, it’s best not to talk to the insurance company for the truck driver. They may contact you soon and want to record your statement.

Their goal is often to challenge medical costs, injuries, or blame you. Instead, we advise you to hire a skilled truck accident attorney nearby. Let them handle all communication with the insurance company on your behalf. This will help protect your interests and ensure you get the support you need.

Why is Baumgartner Law Firm different from other firms in handling truck accident cases?

In 1985, we took on our first truck accident case which was hard because the victim was drunk when the crash happened. Despite this challenge, we won the case and secured compensation for the victim’s child and parent.

Since 1985, we have specialized in truck accidents. We have handled hundreds of cases and won millions for our clients. We have not lost a truck accident case.

Our team provides the most experienced legal support for your truck accident claims. We have never lost a truck accident case and provide expert legal help for your claims.

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How can I get started with a free case evaluation with Baumgartner Law Firm?

To get started with a free consultation about your truck accident with Baumgartner Law Firm, call our office at (281) 587-1111. Our legal team will be ready to help you. You can also contact us online or text us on the chat prompt.

There is no charge for speaking with a preeminent-rated Houston truck accident attorney at Baumgartner Law Firm.

What types of truck accident cases does Baumgartner Law Firm handle?

We handle all types of truck accident cases in Houston, TX

Our law firm focuses on helping people involved in truck accidents in Houston, Texas. We handle all types of commercial vehicle accidents. Such as:

Our experienced attorneys know truck accident laws well. We are committed to helping victims get the compensation they need. We are here to support you during this difficult time and make sure you get the justice you deserve. We charge no money up front.

Most truck accident cases are caused by driver error.

Blind Spot Truck Accidents

Blind spots on semi-trucks are a notorious cause of severe accidents. Big vehicles have blind spots that can create dangerous situations for other drivers on the road. If you were injured in a truck accident because the driver didn’t see you, our Houston blind spot truck accident lawyer can help. Our Houston blind spot accident lawyers will investigate your case and gather evidence. We will work hard to ensure that those responsible are held accountable.

Jackknife Truck Accidents

Jackknife accidents are dangerous truck accidents. They happen when a truck’s trailer swings out, causing serious crashes with other vehicles. These accidents can lead to severe injuries or even death.

Jackknife accidents are dangerous truck accidents. They occur when a truck’s trailer swings out and hits other vehicles. These accidents can cause serious injuries or even death.

Our Houston jackknife truck accident lawyer has a lot of experience with these cases.

Wide Turn Truck Accidents

One of the most common causes of an accident with a tractor-trailer is a wide turn accident. Either the truck driver takes up the whole road and causes a crash or they turn into you. We have won numerous wide turn truck accident cases.

T-Bone Truck Accidents in Houston

T-bone accidents happen when one vehicle hits the side of another. They are especially dangerous when a large truck is involved. The sheer force of an 80,000-pound vehicle can cause catastrophic damage and severe injuries. We know these cases can be complicated and will use our legal skills to create a strong case for you. We will seek to hold the negligent parties accountable and secure the financial recovery you deserve.

Rear End Truck Accidents

Our Rear-End Accident Lawyer in Houston has won many rear-end crash lawsuits. Being hit in the rear is a very common type of truck accident. As semi-trucks take about 1/3 longer to stop.

Trust Us with Your Houston Truck Accident Case

Truck accidents can have life-altering consequences, and the legal process can be daunting. Our firm offers complete legal help for all truck accident victims in Houston. We have the experience and resources to take on even the most challenging cases. If you were in a truck accident, such as a jackknife, our lawyers can help you. We know the trucking regulations by heart. We will fight hard for you and sue the truck driver and company when needed.

For a free consultation with our experienced Houston truck accident lawyers, contact us today. We are here to help you understand legal issues and get the money you need to move on.

How can dash cams and video help win my case?

Some big rigs have dash cams. The trucking companies install the cameras to protect their interests. If the camera shows the other driver was at fault, the company will use the footage to win their case. If the video shows the trucker is to blame, the trucking company might try to conceal it.

Hiring an experienced attorney can ensure important evidence is obtained.

Our truck accident attorneys use investigators to find videos from surrounding businesses. We have used the videos to win our case.

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Best Truck Accident Lawyers in Houston
Super Lawyer
Texas commercial vehicle accident statistics

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