Name: Baumgartner Law Firm
Address: 6711 Cypress Creek Pkwy, Houston, Texas, 77069
Telephone: 281-587-1111

Houston Truck and 18-Wheeler Accident Lawyer

We have been winning serious injury and wrongful death truck and 18-wheeler accident cases for over three decades and have an unparalleled track record of winning. Our approach is based on personal service as we limit the number of new trucking accident cases we accept to be able to provide the best possible representation to our clients. If you have been involved in a truck accident-click here to contact us online or call 281-587-1111 for a no-obligation consultation.

Houston is a hub of trucking activity for many different industries. With the Port of Houston and the fastest-growing population in the United States, the trucking industry is thriving in the state of Texas. Truck companies usually pay by the mile, so truck drivers have an incentive to deliver the load as quickly as they possibly can. Unfortunately, this part of the trucking industry can encourage excessive hours and other unsafe activities.

What You Need to Do After a Truck Accident

When you’ve been hit by an 18-wheeler or other commercial truck, often it is difficult to know what you should do to protect yourself and your family. The following are guidelines for what to do after being hit by an 18-wheeler.

Seek Necessary Medical Treatment After an 18-Wheeler Truck Accident

After a truck wreck, it is important that certain evidence gets preserved. This would include evidence regarding the scene of the wreck, such as damage to the vehicles, debris or skid marks on the highway, and computer data from the big rig. We maintain a quick response team for appropriate serious injury or wrongful death cases. By putting our team to work on your case, we are able to combat the insurance carriers and the trucking company on an equal footing. Many trucking companies maintain their own quick response teams that are dispatched to the scene of the crash within hours of the occurrence. Getting critical data such as measurements and preserving the big truck for inspection are very important steps in many cases.

With very serious injury or wrongful death crashes, the investigating officer will usually conduct a thorough examination of the scene itself. This would include measurements and documenting by photographs. For truck accidents where the injuries are not devastating, the investigating officer may or may not do a detailed scene analysis. If you are able to take photographs with your cell phone at the scene on your own, it is a good idea to do so. Especially important would be photographs of the vehicles in their final resting positions and also any skid marks or debris that indicates the direction of the vehicles prior to or after impact.

Usually, the defense will hire an accident reconstruction expert that will attempt to shift the blame from the trucking company and its driver onto the innocent victims or other third parties. Documenting the scene by photographs can help combat this defense technique.

Preserving your own vehicle when the injuries have been severe can be important if your vehicle may have had a defect that contributed to the accident or the injuries. Also, your own vehicle may be important to help determine how the accident occurred. You should always talk with an attorney before your vehicle is totaled out or repaired if injuries were involved.

Contact your Houston Truck Accident Lawyer for the best help for your truck accident case.

Early Investigation of a Truck and 18-Wheeler Accident Required

One cannot overstate the importance of an early investigation by a truck accident lawyer in Houston, after a truck accident. The condition of the big rig, the accident scene, authority’s findings in the investigation and compliance with the federal regulations all should be investigated as early as possible after an accident. It is important that the truck accident lawyer you select has vast experience in truck accident litigation. The Baumgartner Law Firm has been handling high-profile truck accident cases for over 30 years.

Contact an Experienced Attorney Who Handles 18 Wheeler Truck Collisions

Trucking companies carry commercial policies that protect the company under driver against claims for personal injury or wrongful death. These insurance policies generally carry seven-figure liability coverage amounts and so the stakes are substantial for the insurance carrier. This exposure makes the insurance carrier fight harder to try to protect their money and pay as little as possible on the claim. You are going to need an attorney who has had great success in litigating with trucking companies over the years. You do not want an attorney learning on the job on your case.

The earlier you contact an 18-wheeler accident attorney the better able he will be to fight for your case.

Always conduct a thorough investigation of the attorney you are considering hiring for your truck accident case, before you sign paperwork with that lawyer.

What Compensation is Available to Trucking Accident Victims

Legal damages for victims of a commercial vehicle crash can include the following in Texas:

Reasonable and necessary medical expenses both past and future
Physical pain and mental anguish, both past and future
Lost earning capacity both past and future
Physical Impairment
Exemplary or punitive damages in appropriate cases
Wrongful death and survival damages

Contact your Houston Truck Accident Lawyer for the best representation.

Truck Drivers and Trucking Companies and the Federal Motor Carrier Safety Regulations

Both truck drivers and truck companies must follow the safety laws contained in the Federal Motor Carrier Safety Regulations. One such rule limits the time a commercial vehicle driver can be behind the wheel or on the clock. The hours of service regulations for commercial drivers specify the time a truck driver can actually be behind the wheel.

14-hour duty limit (minimum 10 hours of rest after 14 hours on duty)
11 hour driving limit (minimum 10 hours rest after 11 total driving hours)
60/70-hour duty limit

Professional drivers often feel pressured to deliver the load as quickly as possible either to benefit financially or to appease the company. Driver fatigue can easily occur for truck drivers to follow the rules and is almost a given for those who do not follow the safety regulations. It is critically important that the 18-wheeler truck accident law firm you select have substantial experience in investigating driver fatigue and violations of the federal regulations.

Important evidence after a serious truck accident can include:

Logbooks
Black box or computer event data
Documents evidencing the load and prior deliveries
Inspection of the tractor-trailer
Inspection of the accident scene
Poor Training

Many 18-wheeler drivers have a commercial driver’s license and are simply turned loose on the highways to deliver their loads. At the Baumgartner Law Firm, we believe that simply having a CDL is insufficient safety training for a commercial driver operating a vehicle that can weigh 80,000 pounds. Motor carriers have a duty to ensure that their drivers are properly trained and able to safely operate the big rigs. Ongoing safety training must be a part of all motor carrier (trucking companies) operations.

Dangerous Equipment on Big Rigs or Tractor-Trailers

Trucking companies also must ensure that the trucks on the highway or in safe and proper operating condition. Drivers must inspect their tractor-trailers every day and also inspect their loads to ensure that they are properly secured. Further, the federal regulations require truck drivers to inspect the truck prior to beginning any trip. The truck driver must inspect:

Air Lines and compressor
Brakes
Fuel system
Lights
Steering
Safety equipment
Axles
Coupling devices
Wheels and tires
Numerous other equipment

At the end of the trip the commercial vehicle driver must then re-examine each of the items covered in their driver’s daily vehicle inspection reports. All dangerous conditions or defects must be noted in such reports and reported to the motor carrier prior to taking the big rig out on another trip. An inspection after a serious injury or fatal truck accident can be an important part of an 18-wheeler accident lawsuit by a Houston truck accident lawyer.

Houston Truck Accidents In The First Quarter of 2017

6
Truck Accidents Resulting in Death

252
Truck Accidents Resulting in Injury

1,031
Total 18-Wheeler Truck Accidents

Where Fatal Houston Truck Accidents Take Place [Interactive Map]

The map below shows where fatal truck accidents have taken place between 2010 and the first quarter of 2017. A large majority of the truck accidents that occur in Texas happen in the large metropolitan areas of Houston, Dallas, and San Antonio. In this map of accidents in Houston, we see that a large number of these occur on Interstates 64 and 610. This is because semi-trucks are found more oftenly on the interstate than they are driving around the city itself.

Texas Semi-Truck Accident Statistics [Infographic]

Don't navigate the truck accident aftermath, trust your Houston Truck Accident Lawyers to help you today.

18-Wheeler Truck Accident FAQs

Do I have to pay any money up front to hire Baumgartner Law Firm?

No – we charge no money up front to handle your case. If we take your case, we will only get paid if we collect money from the defendant. You will have no out-of-pocket expenses for your attorneys or litigation expenses when you hire us.

How are 18-wheeler truck accident cases different from car wrecks?

Commercial vehicle accidents require specialized expertise in investigation and prosecution. The Federal Motor Carrier Safety Regulations are always changing what the minimum level of safe conduct by professional truck drivers and trucking companies is. These safety rules are the most critical evidence in many big rig accident lawsuits. Additionally, the commercial truck accident case is generally more complicated when it involves multiple parties such as maintenance companies, motor carriers, and other potential defendants.

How much is my commercial vehicle accident case worth?

It depends – there are many different factors involved in valuing trucking accidents. The three main areas which applied to all personal injury or wrongful death cases they are a) liability b) damages and c) insurance. Because we have been handling tractor-trailer accident cases for over 35 years, we have unique experience in evaluating your case. Our results have been spectacular, and we have never lost a trucking accident case.

What is your experience in handling commercial vehicle accidents?

18 -wheeler truck accident cases have been the primary focus of our law practice for over three decades. While we are very selective in the cases that we accept, if we take your case you can abuse assured you will receive the highest quality representation. We intentionally limit the number of cases that we accept and only handle tractor-trailer or other truck accident injury cases that involve severe injury. We do not take whiplash injury cases. You will not find a more experienced or successful 18-wheeler accident attorney.

How can the trucking safety regulations help my case?

Some of the most influential evidence in an 18-wheeler collision lawsuit will be violations of the safety regulations by the truck driver or the trucking company. The federal rules are the minimum level of safe conduct acceptable for both the company and the driver. Establishing violations of the laws is the priority to secure liability in the lawsuit and support the personal injury or wrongful death damages. We have a team ready to investigate your case and aggressively prosecute it to a successful conclusion.

What are the insurance issues in my 18-wheeler accident case?

The main insurance issues in commercial vehicle collision cases involve the amount of insurance for the commercial vehicle and health insurance issues for the victims.
Generally, tractor-trailers or other commercial vehicles carry a minimum of $1 million of liability insurance. There are few situations where the truck may have less insurance and many cases where the truck is covered by more than $1 million of liability insurance. The larger the trucking company the more likely it is that they have excess insurance above their primary policy.

Anytime your health insurance company pays a medical bill that can be part of a lawsuit against a trucking company; the health insurance company can be expected to seek to be paid back for the medical expenses that they have paid. The payback obligation is called subrogation. If we accept your case, we will also handle the subrogation issues and work to maximize the compensation that you take home in your pocket.

Who are potential truck collision defendants?

The truck driver, the trucking company, and other potential defendants can be many. Some examples of other defendants that we have pursued in commercial vehicle accident accidents include, truck and parts manufacturers, maintenance companies, and companies that loaded the vehicle.

Who will pay for my semi-truck wreck?

The insurance company for the negligent truck driver is the ultimate payer of settlements or judgments against the truck driver or the truck company. In some instances, the truck company will self-insure or pay out of its pocket a large deductible.

Insurance carriers for trucking companies or like other insurance companies in that they do not want to pay fair value unless they are made to do so. Do not for one second believe that an insurer for the truck driver will treat you fairly without an attorney. If an insurance company adjuster is talking to you about “accepting responsibility” or "send us your medical bills"- run do not walk, to the best trucking accident attorney you can find.

How do I get needed medical treatment if I have no health insurance?

The most important thing for anyone injured in an accident is to receive necessary medical treatment. We only have one body and taking care of it should be everyone's priority. If you do not have health insurance and we accept your case, we will work with you to get you the treatment that you need from your doctors without you having to pay out of your pocket to get better.

How long do truck collision cases take?

The truck accident claim process can vary wildly depending on the extent of the medical treatment and actions taken by the trucker’s insurance carrier. If your case goes to litigation, the timeline in Texas can depend upon the specific court and also the county of the crash. The more serious the injuries, generally the longer the case will take.

Who can bring a wrongful death case in Texas against a trucker?

In Texas, wrongful death beneficiaries are limited to spouses, children, and parents who have survived the deceased. Other family members such as brothers and sisters are not able to bring a wrongful death lawsuit in the state of Texas.

What if the officer finds me partly at fault?

The police officer's determination of fault is not binding upon the court and may or may not even become evidence in a lawsuit. If you feel the accident was the responsibility of the truck driver, you should consult with a real truck accident attorney as soon as possible after the collision. Texas is a proportionate responsibility state, meaning that you can be partly at fault and still recover money as long as you are not more than 50% at fault. A Texas jury makes the ultimate determination of responsibility.

Houston Truck Accident Lawyers With Proven Results

Houston Truck Accident Case Results

$5.75

Million

Greg Helped My Mother with her 18 wheeler accident case.

- Raymond