Were You Injured in a Truck Accident?
You could be entitled to substantial compensation if the truck driver was at fault for the crash. Houston truck accident lawyers at Baumgartner Law Firm are here to support you in obtaining the compensation you deserve for medical expenses, lost wages, and pain and suffering.
When seeking justice and rightful compensation after a devastating truck accident, you need a legal team with experience and a proven track record of success. At Baumgartner Law Firm, our Houston truck accident attorneys specialize in representing victims of 18-wheeler and truck accidents, offering unparalleled expertise in winning compensation for our clients.
Since 1985, truck accident victims across Texas have entrusted their cases to our top-rated truck accident lawyers. We understand the complexities of these cases and are committed to advocating fiercely for your rights and well-being.
If you or a loved one has been in a truck wreck, please contact our legal team in Harris County for help. Your initial consultation with our truck accident attorneys is free, and we’re here to provide the support and guidance you need during this challenging time.
Greg Baumgartner, our lead attorney, is nationally recognized as one of the country’s foremost truck accident lawyers. Trucking accidents demand specialized knowledge and skill, and our award-winning legal team is well-equipped to handle even the most complex cases. With a track record of success spanning over three decades, we’ve remained undefeated in truck accident litigation. Our skilled Houston truck accident attorneys have recovered millions of dollars for victims of truck accidents, car accident injuries, wrongful death cases, brain injury cases, burn accidents, and more.
Let our Houston truck accident attorneys evaluate your case and fight for the compensation you deserve. You don’t have to go through this process alone. Contact us today to see how we can help you on the road to recovery and justice. Call us at (281) 587-1111 for a free case consultation.
Looking for the Best Houston Truck Accident Lawyer?
Call Greg Baumgartner
Our Top-Rated Houston truck accident attorney has been trusted to get maximum compensation for victims for over 35 years!
Why Hire Top-Rated Houston Truck Accident Lawyers For Your Case?
Our Texas-based law firm, led by the distinguished Houston truck accident lawyer Greg Baumgartner, specializes in truck accident litigation. With a rare combination of two law degrees and a graduate of the Trial Lawyers College, Baumgartner is among the top 1% of attorneys, backed by decades of peer-reviewed, preeminent ratings and numerous prestigious awards. Recognized for our expertise, we’re the preferred choice for referrals from other lawyers in truck accident cases.
With over 35 years of experience, our Houston trucking accident attorney boasts an unbeaten record in securing significant compensation for truck accident victims. Our achievements include countless multi-million-dollar results, demonstrating our ability to successfully navigate the complexities of commercial trucking industry regulations and litigation. Our quick response team is ready to act swiftly in severe or fatal accident cases, ensuring the best possible outcome for our clients.
As one of the nation’s leading firms in truck accident litigation, we offer personalized service and are committed to maximizing compensation for our clients. Our skilled Houston semi-truck accident lawyer has never lost a truck accident case, making us a trusted ally for hundreds of victims in Houston and throughout Texas.
How We Can Help You After Your Trucking Accident Case
We will provide you with the personal attention you deserve. Here is what we will do to get you fair compensation for your injuries.
Our Semi Accident Attorneys Will Help You:
- Dealing with the truck drivers’ insurance company on your behalf.
- Analyzing how the crash occurred.
- Negotiating with your own insurance company.
- Doing the legwork on your case.
- Helping you get medical care or physical therapy.
- Evaluating the case and getting evidence.
- Looking for violations of federal trucking regulations.
- Obtaining your medical records and bills.
- Getting information from the local police department or law enforcement agencies.
- Negotiating fair compensation for your injuries.
- Retaining experts to win your case.
- Filing a personal injury lawsuit to hold the driver and the trucking company accountable when necessary.
The sooner you contact our firm, the better. We will fight for justice for you! Always investigate the capabilities and reputation of lawyers near you who you are considering hiring before signing paperwork with that firm.
Find the most experienced and successful lawyer for your Houston truck injury case.
Our auto and truck accident attorney in Houston has been recognized as one of the attorneys for truck crash cases in Texas and has the experience and proven results that speak for themselves.
In trucking accidents, fact-finding is more complicated than in a passenger vehicle accident. It takes more time to get evidence and go through all the data related to a truck accident claim. Texas truck accident cases require a full investigation by experienced truck accident lawyers.
What Does an 18-wheeler Accident Lawyer do?
Choosing experienced attorneys for trucking accident lawsuits is crucial. Here’s a summary of how our lawyers handle these cases:
Evaluating the Accident
Our team examines the accident details, including the cause, responsible parties, police reports, camera footage, and witness statements, to establish the facts.
Truck Condition
We assess whether the truck’s condition, maintenance records, and adherence to federal regulations contributed to the accident, ensuring it was in safe working order.
Driver Regulations
Our attorneys examine if the driver violated federal laws regarding driving hours, using these regulations to demonstrate negligence, especially in fatal accidents.
Black Box Data
Like airplanes, trucks have “black boxes” that record crucial pre-crash data. Our skilled lawyers analyze this data to understand the truck’s speed, braking, and actions before the accident.
Cargo and Logbooks
Our legal team will, in appropriate cases, investigate if the truck’s cargo was properly loaded and secured, comparing cargo records with logbooks to identify discrepancies or regulatory violations.
Hiring Practices
Our lawyers review the trucking company’s driver’s files and hiring processes to determine if they employed inexperienced drivers or failed to vet their driving history and qualifications properly.
This comprehensive approach helps build a strong case by focusing on the accident’s cause, regulatory compliance, and the trucking company’s responsibility.
Finding experienced trucking accident lawyers for an accident lawsuit is vital to the success of your case.
What Evidence Do I Need for a Truck Accident Lawsuit?
With catastrophic injuries or a fatal Houston truck accident, an officer will usually examine the scene and often will reconstruct the crash. However, do not assume all the evidence you need will be obtained by the authorities. Crucial evidence is not always included in the crash report or the police investigation. Your representatives must conduct their investigation to win your case.
Getting Evidence Early Helps Your Case
After our truck accident lawyer files a personal injury lawsuit, we often learn of regulation violations by the driver or his company. Put our truck accident law firm in Houston in your corner. We will investigate your truck accident claim ASAP.
For over 35 years, the Houston truck accident attorneys at Baumgartner Law Firm have won hundreds of truck accident injury cases and got millions for our clients. We specialize in Texas truck accidents.
Are you wondering when should I hire a Houston truck accident lawyer? Get one right away!
What to Do After a Commercial Vehicle Crash
We suggest doing the following at the scene if you were hit by a large truck or involved in a trucking accident:
- Call the police if you are able
- Cooperate with the police officer
- Exchange Information with the other driver
- Identify witnesses
- Take photos or a video of the scene and vehicles
- If injured, report it to first responders
- If necessary, take the ambulance to the hospital
- Keep track of your medical bills and lost wages
Call our Texas truck accident lawyer for help with a serious truck accident. You will not find more experienced truck accident lawyers in the Lone Star State!
Determining Legal Responsibility for a Crash with an 18-Wheeler
Determining who can be held liable in a truck accident is crucial and requires a thorough investigation. At our firm, we understand the complexities involved in these cases and are dedicated to helping you find answers. Our experienced team will carefully examine the accident’s circumstances to identify the parties responsible for your injuries and losses.
While the driver and the trucking company are often the primary parties held accountable, other potential parties may share in the liability. We have successfully pursued lawsuits against various entities, including truck manufacturers, shipping or loading companies, truck maintenance companies, and even passenger vehicle drivers.
We recognize that the driver’s actions and the trucking company’s oversight play significant roles in truck accidents. However, we also understand that other factors, such as faulty truck parts or inadequate maintenance, can contribute to these accidents. That’s why our investigations go beyond the immediate parties involved and consider all potential sources of liability.
Our commitment to thoroughness extends to ensuring that you have skilled legal representation. Determining who to sue for damages in a truck accident case is a complex and strategic process, so having an experienced truck accident attorney by your side is essential. Our knowledgeable team will navigate the legal complexities, advocate for your rights, and pursue the compensation you deserve.
We understand the importance of thoroughly investigating a truck accident case to determine liability. We recognize that the driver and the trucking company are often liable. We also consider other potential parties, such as truck manufacturers, shipping or loading companies, truck maintenance companies, and passenger vehicle drivers. With our experienced team, we will guide you through the complexities of your case and fight for the justice and compensation you deserve.
Trucking Company Liability for Their Driver
While a trucking company may lease or rent equipment from an owner/operator, they are still responsible for accidents involving trucks displaying their name. Even if the driver is considered an independent contractor, the trucking company can still be held accountable under current federal laws.
Independent Negligence of the Motor Carrier
In Texas, if a truck driver causes an accident due to inadequate training or the commercial trucking company fails to maintain or service the vehicle properly, a claim should be brought against the trucker and trucking company for its negligence. Our team of dedicated attorneys will thoroughly investigate the crash, getting needed evidence and building a strong case to ensure that all responsible parties are held accountable for your injuries.
Baumgartner Law Firm – Winning Truck Accidents Cases Since 1985
At Baumgartner Law Firm, we are committed to fighting for justice on behalf of our clients. With our extensive experience and understanding of trucking accident rules and regulations, we will tirelessly fight for your rights and pursue the compensation you deserve. Contact us today to schedule a consultation, and let us handle your injury claim while you focus on recovery.
Callan Experienced Law Firm for a Collision with
a Commercial Vehicle.
Our Houston truck accident lawyershave over three decades of experience getting top damages in tractor-trailer crash cases. We have protected Texan’s financial interests from an accident with a commercial vehicle for more than 35 years. We handle all commercial vehicle accidents, like company vehicles, bus accidents, and 18-wheeler accidents or Amazon vans.
Talk with a truck accident lawyer by
calling (281) 587-1111.
Or fill out an online consultation
request for a FREE consultation.
What are the Potential Damages After a Truck Accident?
After a truck accident, there are several damages that you may be eligible to claim. These damages in Texas can be both economic damages and also non-economic damages and can include”:
1. Medical Costs: This includes expenses related to hospitalization, surgeries, medication, rehabilitation, and any ongoing medical treatments required due to the accident.
2. Physical Pain: Compensation for the physical pain and suffering you have because of the truck accident, both in the immediate aftermath and any long-term consequences.
3. Mental Anguish: Damages to address the emotional distress, psychological trauma, anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the car accident.
4. Physical Limitations: If the accident caused any permanent or temporary physical limitations, such as paralysis, loss of mobility, or reduced functionality, you may be entitled to compensation for loss of enjoyment of life from these impairments.
5. Disfigurement: Compensation for any visible scarring, disfigurement, or deformities caused by the accident, which may affect your physical appearance and self-esteem.
6. Loss of Earning Capacity: If the injuries sustained in the truck accident stop you from working or result in a diminished earning capacity, you can receive compensation for lost wages and any potential future income you may have otherwise earned.
Commercial vehicles like semi-trucks typically must have commercial insurance coverage with set minimum policy limits. Many motor carriers have large insurance policy limits, and trucking companies have excess insurance policies available to cover liability in a crash.
Recent Truck Accident Settlement Examples
Over 35 years, our truck accident lawyers have maintained a perfect winning record in truck accident cases, securing full compensation for victims of serious injuries and wrongful death involving commercial vehicles.
Jackknife Accident
We represented a truck driver who lost control, resulting in two fatalities in another vehicle. Despite the tragic outcome, we secured millions for our client by uncovering safety violations by the trucking company and maintenance provider, achieving a significantly higher settlement than the victims’ families in their wrongful death lawsuits.
Backing Big Rig Accident
In a case involving an 18-wheeler backing across a road, leading to a fatal collision. Despite the trucking company’s denial of liability, our lawsuit resulted in a multimillion-dollar settlement, setting a record for the company’s highest payout.
Unqualified Driver Accident
We sued a trucking company after a jackknifing incident caused by an unqualified driver killed a woman. Our investigation led to a record multi-million-dollar settlement before trial, marking the largest payout by the trucking company.
Blind Spot Crash
Our firm achieved a significant settlement for a woman hit in a semi truck’s blind spot, quickly resolving the case before litigation after the trucking company initially denied responsibility.
Rear-End Collision
We represented a young man with a brain injury from a rear-end truck collision, securing a multi-million-dollar settlement that provides tens of thousands monthly for life after initial denial and lowball offer from the truck adjuster.
Our firm is undefeated in truck accident litigation, offering expert representation and personal attention to secure the best possible outcomes for our clients. Contact us for a free consultation on your truck accident case.
Using the Safety Regulations to Win Your Injury Case
Truck drivers and their companies must comply with federal motor carrier safety laws outlined in the Federal Motor Carrier Safety Regulations and adopted by Texas. Our trucking accident lawyers have decades of experience leveraging these regulations to win cases against trucking companies and drivers who fail to comply with the law. Here’s how we utilize these regulations in big rig accident lawsuits:
Hours of Service Rules– HOS rules dictate the maximum hours a truck driver can be on duty and behind the wheel, including:
– A 14-hour duty limit with a mandatory 10-hour rest afterward.
– An 11-hour driving limit within the 14-hour window, followed by a mandatory 10-hour rest.
– A weekly duty limit of 60/70 hours.
Demonstrating violations of these rules is a key strategy in securing fair compensation for those injured.
Commercial Driver Training– A commercial driver’s license (CDL) is just the beginning. We advocate for additional safety training for drivers operating vehicles weighing up to 80,000 pounds. Motor carriers must ensure ongoing safety training for their drivers, a lack of which we use as evidence of negligence.
Required Tractor-Trailer Inspections– Drivers must conduct pre-trip and post-trip inspections, checking critical components like brakes, fuel systems, lights, and safety equipment. These inspections must be documented in daily vehicle inspection reports. Failures in this process can lead to accidents and are used as evidence of negligence.
Negligent Truck Maintenance– Proper maintenance is crucial to prevent negligence-related accidents. Our firm specializes in evaluating safety programs and using deficiencies as evidence in truck accident lawsuits.
At Baumgartner Law Firm, our expertise in uncovering violations of these federal regulations and proving negligence has led to numerous successes in truck accident litigation, emphasizing the importance of safety regulations in maintaining road safety.
How Much Does it Cost to Hire a Trucking Accident Attorney Near Me?
No Fees or Expenses Unless You Get Paid.
Hiring a trucking accident attorney at Baumgartner Law Firm comes with no upfront fees or expenses. Our services are provided on a contingency fee basis, meaning you only pay if we win your case. This approach ensures you face no out-of-pocket costs throughout the legal process, as we cover all expenses upfront. Our fees range from 33% to 40% of the settlement or recovery amount.
We’re here to discuss your case details, rights, and fee structure without any initial financial burden on you. Focus on your recovery while we diligently handle your case and aim to secure the compensation you deserve.
For personalized assistance and to learn more about how we can help, call us at (281) 587-1111. Choosing Baumgartner Law Firm means choosing a team committed to your best interests and achieving the best possible outcome for your case.
Where Do Most Truck Accidents Happen in Houston?
Houston has four major interstate highways. These interstates in Houston serve as a gateway through Texas for 18-wheelers and big rigs. Houston also has numerous state highways filled with semi-trucks and other commercial vehicles. Many 18-wheeler trucks on the interstates and highways serving Harris County are why Houston has so many truck accidents.
Last year, according to Texas DOT, Harris County had 24 fatal crashes on interstates, 31 fatal accidents on US or State Highways, 41 fatalities on Farm to Market Roads, and 83 people killed on County Roads. Beaumont 18-wheeler accident attorneys often see wrecks on Interstate 10.
Here is a list of the major highways where most truck accidents near Houston occur.
- I-10 (Interstate 10) Katy Freeway
- I-45 (Interstate 45)
- I-69 (Interstate 59 or 69)
- I-610/610 Loop
- U.S. Route 59 (North of Houston)
- Beltway 8 (Sam Houston Tollway)
- Highway 6 (State Highway-6)
- Highway 225
- US-90A
- State Highway 288
- State Highway 290
- State Highway 249
How Long Does a Truck Accident Case Take?
Truck accident cases can last from 2 months after medical care is completed to 2 years or more, depending on if a lawsuit is necessary and liability factors. It is difficult to predict how long an 18-wheeler settlement will take without knowing the facts and the cause of the truck crash. When liability is contested, the case will take longer.
Semi-collisions are more complex and involve more issues than a simple car wreck. If responsibility is clear, cases that do not involve severe injury might be resolved as soon as six months after medical care is completed.
But truck crashes involving severe injury or a fatality will take more time to maximize your compensation. One to two years can be a general guideline for settling a serious injury case with insurance companies. But how long depends on the lawyers, courts, and facts.
What Causes Most Truck Crashes in Texas?
What causes truck accidents? Several factors lead to large truck accidents here in Texas. Texas has the most fatal and serious commercial vehicle accidents in the USA. Baumgartner Law Firm has fought for those injured in big truck wrecks since 1985 and has found the most common causes to be:
Truck Driver Fatigue?
Driver fatigue is a serious problem. Fatigue accounts for one-quarter of fatal and severe accidents each year. Most commercial truck drivers work under hectic and tight schedules that put them under immense pressure. Failure to deliver the loads on time can result in reprimands from their employers.
Unreasonable schedules push most drivers to work longer hours than permitted under regulations. Without adequate sleep, the driver is much more likely to crash. Over the years, we have found many instances of truckers cheating on log books to earn more money.
Excess Speed and Following too Closely
Speeding causes many severe crashes. Large trucks weigh up to 80,000 pounds, about 20 times more than an average car. Speeding with such massive weight makes the trucks challenging to control or stop in traffic.
A big rig takes one-third longer to stop than a car or pickup. Add in speed, and the stopping problem for 18-wheelers gets worse.
Truckers must allow more space between their truck and the vehicles ahead. We have won lawsuits where the failure to maintain an assured clear distance and control the speed were a cause of a crash.
Overloaded Cargo?
Truck overloading is not only a safety concern but also a cost concern. Commercial trucks must carry loads up to specific limits. An overloaded vehicle poses a safety risk. Truck overloading is not only a safety concern but also a cost concern. Commercial trucks must carry loads up to specific limits.
An overloaded vehicle poses a safety risk. Our law firm has represented both truck drivers and other motorists when an improperly loaded big rig causes an accident.
Mechanical Defects
The main defective condition that our trucking accident firm sees is where the brakes are not properly operating, leading to a rear-end crash. Other things, such as defective seat belts and deficient tires, can cause injury or an accident.
Truckers Under the Influence
DWI accounts for up to 28 percent of all traffic-related deaths in the United States. When a truck driver is drunk, the consequences can be devastating. Alcohol or drug use by a CDL holder can lead to punitive damages after a commercial vehicle crash.
Blind Spot Crashes
Blind spot truck accidents happen because the big rig driver does not see other vehicles at certain points around the tractor-trailer. Blind spot accidents can be caused by distracted driving. Usually, the crash occurs when the semi-truck changes lanes, does not see and runs over the other smaller vehicle.
Failing to Yeild the Right of Way
We have handled numerous truck accident lawsuits where we proved the truck driver failed to yield the right of way. In almost every case, the insurance company for the driver and trucking company denied liability and sought to blame our client for causing the crash. Ultimately, we overcame the defense and obtained full compensation for our clients.
What is the Statute of Limitations for Truck Accident Claims
In Texas, the statute of limitations for filing a personal injury lawsuit in a truck accident case is generally two years from the accident date. It is crucial to be aware of this deadline and take prompt action. The clock starts ticking as soon as the accident occurs, so act swiftly and don’t wait until the last minute to get help.
Hiring a truck accident attorney early on is strongly recommended. Engaging an experienced law firm as soon as possible increases your chances of gathering and preserving crucial evidence related to the accident.
Steps for a Truck Accident Claim
Other Practice Areas Our Trucking Attorneys Handle
At Baumgartner Law Firm, our personal injury attorney in Houston, TX, helps clients throughout Texas maximize their damages to get the compensation they deserve. We have recovered millions of dollars and represented thousands of accident victims.
Since 1985, our firm has limited the practice to serious injury cases and produced exceptional results in the following areas:
- Car Accident Attorney in Houston, TX
- Catastrophic and Severe Injuries
- Construction Site Accidents
- Daycare Negligence & Child Injury
- Motorcycle Accidents
- Drunk Driving Accidents
- Dram Shop Lawsuits
- Wrongful Death
Our founding attorney, Houston, TX, 18-wheeler accident lawyer Greg Baumgartner, has over 35 years of experience in truck accident litigation and has been a peer-reviewed preeminent attorney for decades.
Contact a Winning Truck Accident Attorney in Houston
If you were hurt in an accident with a commercial vehicle or 18-wheeler, you deserve full compensation for your damages. With our Houston truck accident attorney at Baumgartner Law Firm, you will be treated like family. We will always put you first! Call us for a FREE consultation with preeminent-rated trucking attorney Greg Baumgartner.
We will treat you like family. You will always come first.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Related 18 Wheeler Accident Resources:
Why are Settlements Larger for Truck Crashes?
What is the Average Semi-Truck Settlement?
How Long Does It Take to Settle An 18-Wheeler Accident Case?
Texas Truck Accident Statistics
Key Factors in Houston Truck Accident Lawsuits
Federal Regulation of Truck Drivers
Truck Accident FAQ’s
What tactics do insurance adjusters use to underpay and deny truck accident claims?
Here is a summary of the tactics we have found insurance companies use to defend truck accident injury claims:
- Delays and Denials: Trucking companies and their insurance companies may intentionally delay the claims process by requesting excessive documentation, further investigation, or additional evidence. By prolonging the process, they aim to frustrate victims into accepting lower settlements or giving up on their claims altogether.
- Blame Shifting: Trucking companies might try to shift the blame onto you or other parties involved in the accident. They may argue that you bear a certain percentage of responsibility for the accident, lowering the compensation they say is owed.
- Lowball Offers: Insurance companies often try to settle claims quickly by offering far less than the fair value for your damages. They try to take advantage of victims in desperate need of immediate financial assistance, hoping they will accept these low-ball settlement offers.
- Surveillance and Investigation: Defense attorneys or investigators for insurers may conduct investigations or surveillance on you, looking for any evidence that could undermine your case. Typically, they use this information to undermine your credibility.
What is the “black box" on 18-wheelers, and how is it used in evaluating trucking accidents?
The "black box," AKA an event data recorder (EDR), is installed in most semi-trucks. It is a crucial tool for analyzing truck crashes and can provide valuable evidence in truck accident lawsuits.
In truck crashes, the EDR captures essential data such as driving speed immediately before the crash, the steering input, braking activity (including when and how abruptly the brakes were applied), and other vital evidence. This data is powerful evidence to prove negligence and prove important facts like braking and speed. We have used black box data in hundreds of trucking accident cases.
By promptly hiring an expert trucking accident attorney, you can take the necessary steps to ensure the preservation of the trucks black box data.
What compensation can be recovered in a truck accident claim?
Several damages can be recovered when seeking compensation in a truck accident claim. These include:
- Medical Expenses
- Lost Wages
- Diminished Future Income
- Pain and Suffering
- Special Damages
- Loss of Consortium
- Disfigurement
- Disability
- Punitive Damages
If a loved one has been killed in a truck accident, you may also be able to pursue compensation through a wrongful death lawsuit. This can cover economic losses such as lost wages, funeral expenses, financial support, and non-economic damages tied to the emotional trauma of losing a loved one.
It's important to consult with a qualified attorney specializing in truck accident claims to understand the specific compensation you may be entitled to in your case.
What role can defective vehicle components play in truck accidents?
Defective vehicle components have the potential to contribute to truck accidents significantly. When a part on the big rig - the engine, brakes, or other critical component - fails, it can lead to the driver causing an accident. A post-accident inspection can reveal defective parts. To be helpful in a truck accident case, the defects had to contribute to the cause of the crash or the injuries sustained. At Baumgartner Law Firm, we have successfully sued vehicle manufacturers and components makers.
How can shipping companies contribute to truck accidents?
One significant factor is the improper handling and securing of cargo. Shipping companies are responsible for ensuring their crews exercise caution while loading and unloading cargo to prevent accidents caused by lost, unsecured, or poorly balanced loads. Our law firm has won loading accident cases for injured truck drivers.
What are some examples of negligence on the part of trucking companies?
Trucking companies can be negligent in many ways, such as making drivers work longer than legally allowed, allowing them to keep false logbooks, hiring unqualified drivers, not checking for drug use or medical issues, providing inadequate training, putting unsafe 18-wheelers on the road and not following the federal safety regulations.
Some of the most important evidence in a truck accident litigation is proof of safety violations.
What are the regulations for brakes on semi-trucks?
The regulations for brakes on big trucks require that every 18-wheeler truck be equipped with a visual signal to alert drivers during brake failure. This signal is typically a dashboard warning light. Additionally, all air brakes on the truck or trailer must have a pressure gauge easily visible to the driver.
By federal requirements, the braking system must also have automatic adjustment capabilities to account for the natural wear and tear of brake linings, drums, or discs. Furthermore, it is mandatory to conduct regular manual inspections of the braking system to ensure its proper functioning.
To comply with the regulations, truck operators must maintain paperwork that records any repairs, replacements, or new installations of brakes. This documentation must be readily available for inspection when necessary. 18-wheelers with brakes operating properly take about 1/3 longer to stop than a passenger car. Add improperly functioning brakes, and more crashes occur. We have found numerous instances of improper brakes in rear-end truck accidents.
How does negligent truck maintenance contribute to accidents?
Negligent truck maintenance can contribute to accidents on the road. A major factor is brake failure caused by poor maintenance. When a truck's brakes or trailer brakes are not properly maintained and adjusted, it can cause an accident when the truck cannot stop promptly. Tractor trailers take about 1/3 longer to stop than passenger vehicles, and when brakes are defective, the stopping distance increases.
To regulate safety and maintenance requirements for commercial vehicles, the Federal Motor Carrier Safety Administration (FMCSA) sets guidelines for truck equipment and components, including 18-wheelers. Specific state requirements supplement these regulations. For instance, an 18-wheeler must have a visual signal, usually a dashboard warning light, that alerts drivers to brake failure. Moreover, the truck and trailer air brakes must have a working pressure gauge that the driver can easily detect.
The braking system must have automatic adjustment mechanisms to compensate for wear and tear on brake linings, drums, or discs to ensure proper functioning. Manual inspections of the braking system are also required, and records of inspections, repairs, and replacements must be readily available.
What are common truck driver errors that cause accidents?
Various types of errors can be made by truck drivers, contributing to accidents on the road. These include:
- Distracted driving: Engaging in activities such as texting, eating, using the radio, or any other distractions while operating the truck can divert the driver's attention and cause a wreck.
- Lane departure: Failing to stay within their lane can lead to collisions with other vehicles.
- Failure to yield: Not giving the right of way results in many accidents
- Overcorrecting: Overcompensating during sudden maneuverings, such as swerving, can cause the truck to become unstable and possibly jackknife, potentially leading to an accident.
- Blind Spots: Blind spots are well known to all commercial truck drivers. Not ensuring traffic around a semi-truck is a major cause of collisions.
- Failure to obey traffic signs and signals: Disregarding traffic regulations, including stop signs, red lights, or speed limits, can significantly increase the risk of a collision.
- Following too closely: Maintaining an insufficient distance between the truck and the vehicle in front reduces the driver's reaction time and can result in rear-end collisions.
- Improper passing: Attempting to pass other vehicles without adequate visibility or following proper passing procedures can lead to accidents, especially on highways or multi-lane roads. Many highways around Houston have truck lane restrictions.
- Failure to execute turns and lane changes properly: Incorrectly maneuvering the truck during turns or lane changes can cause collisions.
Poor decisions and unsafe behaviors often cause truck accidents. Factors such as driver fatigue or impairment can further exacerbate the likelihood of speeding or reckless decision-making, which increases the risk of accidents.
How many truck accidents happen in the greater Houston area?
According to the Texas Department of Transportation, in 2022, in the greater Houston area, Harris County leads the pack in truck crashes with over 6,023 total big truck wrecks. The total for 2022 includes 48 fatalities and over 2361 injury or suspected injury trucking accidents.
Per the Texas Department of Transportation, in 2022, commercial truck accident totals for the counties bordering Harris include 2151 commercial truck accidents with 21 fatalities.
How are 18-wheeler accidents different from a car crash case?
Commercial vehicle accidents require specialized expertise in investigating and prosecuting a personal injury claim. Federal motor carrier safety regulations constantly change the minimum safe limits of conduct for truck drivers or trucking companies. Only attorneys with expertise in truck accident litigation should be retained to prosecute your case against a truck driver or trucking company.
How much is my injury truck accident case worth?
Each case is unique, and the factors used in evaluating the value of a settlement are a) liability, b) the severity of the injury and damages, and c) the insurance coverage available for the accident.
Commercial vehicle accidents are generally valued much higher than the same accident when the other vehicle is a passenger car. One of the reasons is that trucking companies must have larger liability insurance policies. Additionally, given the size of a big rig, the injuries usually turn out to be severe when an 18-wheeler hits another vehicle. In short, a commercial vehicle accident is more valuable than a simple car accident claim.
How long do truck accident cases take?
Relatively minor injury truck accident cases can be settled months after medical treatment. Severe injury and wrongful death cases can take from one to two years or more if an appeal is filed.
Other factors that may impact the timing of a settlement or resolution or the venue of the lawsuit and how clear the liability is on the part of the truck driver or trucking company.
Can I make a claim if I was partly at fault?
In Texas, we use a comparative negligence system, which allows accident victims to collect damages if they are less than 51% at fault for causing the accident.
Should I speak with the insurance company for the truck driver?
We suggest that you do not speak with the insurance company handling the claim for the truck driver and trucking company. The insurance adjuster often reaches out quickly after the accident and wants to take a recorded statement. We recommend hiring the best truck accident attorney you can find near you and letting them be your spokesperson.
Why is Baumgartner Law Firm different from other firms in handling truck accident cases?
We handled our first truck accident case in 1985. That case involved a fatal truck accident in Texas, that included challenging liability facts (the deceased was legally drunk at the time of the wreck). Despite that, we were able to win the case and get compensation for a child and parent.
Since 1985, we have specialized in truck accident cases, handled hundreds of them, and won millions of dollars for our clients with truck accident claims- and remain undefeated in truck accident cases.
At Baumgartner Law Firm, we limit the cases we accept to provide the personal attention you and your case deserve.
We fight for every dollar and are not a settlement mill like many other “truck accident attorneys.”
What does it cost to hire Baumgartner Law Firm for my accident with a commercial vehicle?
We handle all personal injury cases based on a contingency fee. It costs nothing upfront for you to hire us for your case. We only get paid if we get money for you, and we advance the litigation expenses for your case, which are reimbursed from any settlement.
How can I get started with a free case evaluation with Baumgartner Law Firm?
To get started with a free consultation of your truck accident with Baumgartner Law Firm, call our office at (281) 587-1111, where 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 truck accident attorney at Baumgartner Law Firm.
We help folks hurt throughout the greater Houston, Texas area, including:
Acres Homes, Aldine, Bellaire, Briarforest, Central Business District, Central Northwest, Chinatown, Deer Park, Dickinson, East Aldine, East Downtown, East Houston, Energy Corridor, Fourth Ward, Friendswood, Galeana Park, Greater Fifth Ward, Greater Hobby Area, Greater OST/South Union, Humble, Hyde Park, Independence Heights, Jacinto City, Jersey Village, La Marque, League City, Magnolia, Magnolia Park, Mission Bend, Northside, Northwest Houston, Pasadena, Pearland, Pinehurst, Rice Military, Second Ward, Shady Acres, South Central Houston, South Main, South Park, Southeast Houston, Southwest Houston, Spring, Spring Branch East, Texas City, Tomball, The Memorial Villages, Westchase.
For a free consultation Contact Us Today
Related
Practice Areas
Client
Testimonials
Thank you
for a job well done!
"I can never express how grateful me and my family are to Greg Baumgartner and his team of truck accident lawyers in Houston. He took care of our injury case and got us a great settlement. Thank you for a job well done!"
- R. G. Client
Houston Personal Injury Victim
Highly
Recommended!
"I was hit in the rear by an 18 wheeler and was lucky enough to have found Greg – I was overjoyed with the results and highly recommend him."
- Raymond
Houston Personal Injury Victim