Texas Truck Wreck Attorney Blog

One of the most important decisions that you can make after a serious truck accident is whom you hire to represent you or your family. Because semi trucks are commercial vehicles and covered by commercial vehicle insurance policies, the insurance companies take the claims very seriously.

Often, the trucking company or its insurance company will dispatch a team of lawyers to an accident site in an attempt to defend a serious injury or wrongful death claim after truck accident. Their goal is to find information that can be used against the victim or the victim's family and/or hide important information that may make the truck driver or the trucking company look bad.

When hiring a semi truck accident attorney a family should consider getting a law firm that has their own quick response team to put them on an equal footing with the insurance company. We have had situations where the trucking company, place the vehicle back in service quickly to avoid an inspection and also situations where the paperwork required of the truck driver mysteriously disappeared after the accident.

Don't let the insurance company get the upper hand after a semi truck accident, and get your own quick response team on the case as quickly as possible.

The Baumgartner law firm has a 25 year track record of success in helping semi truck accident victims seek civil justice for the loss of a loved one or for a serious injury. Get your own quick response team by hiring the go to semi truck accident lawyers at the Baumgartner law firm.

If you are looking for a truck accident lawyer look for one with a track record of success.

There are a number of problems plaguing the trucking industry that could ultimately impact the average driver on the road. Let us consider some of these in this article.

*Drug abuse is a significant and growing problem with truck drivers. One company that regularly screens their drivers for illegal substances found the percent of drivers that show signs of drug abuse rose dramatically over the last several years.

Needless to say, truckers who are responsible for an 80,000 pound vehicle that may be traveling down the highway at speeds of up to 70 miles an hour should be sober and in control at all times.

*A trucker in another state actually drove away from the scene of an accident in which he had run over a person and then proceeded to destroy evidence. Although this behavior seems unconscionable - it really masks a larger problem.

Trucking companies that find themselves in the middle of a negligence lawsuit have been known to hide or to 'clean up their records' (of such things as a driver's history, maintenance files, etc.) before and unless a court orders them NOT to destroy evidence.

*Even though texting has been banned for truck drivers when they are behind the wheel that does not seem to be preventing its continued practice. The likely reason for this is that the chance of being stopped and ticketed for texting while driving is slim at best.

Practically speaking - a truck driver texting might only come to light if there were an accident and then only after a truck accident attorney is successful in getting a court order for the records.

Most of us have an ongoing 'To Do' list that usually doesn't get done but sees new items added to it on a regular basis. There are some items on mine that date back three years. I thought for today's entry I would offer my readers a 'Not To Do' list to keep in mind when they are driving.

*Do Not drive a vehicle that is experiencing malfunctions of any kind. If vehicle warning lights come on - Do Not ignore them. If tires look low - Do Not keep driving on them. If your engine is knocking Do Not turn up the radio and pretend that you don't hear it. Vehicles that are in need of repair are a safety hazard to everyone on the road - not just you.

*Do Not ignore recognized safe driving behaviors. You know that it's not a good idea to speed or tailgate so Do Not take chances. Do Not drive aggressively or engage another driver in a manner that will cause an incidence of road rage.

*Do Not drink and drive and Do Not take any type of prescription or illegal drug and drive. Also, Do Not text and drive or otherwise motor in a distracted manner.

*Finally, Do Not allow your insurance to lapse or tickets to expire. An uninsured, unlicensed driver costs Americans millions of dollars each year. An annual talk with your insurance agent checking coverage and prices is always a good idea.

Continue reading "Not To Do Lists- To Avoid Accidents" »

In the span of a five day period - twice that number of injury and fatality accidents have occurred involving semi-trucks. Here in Texas and across America's roadways semi-truck drivers are failing to drive defensively - with catastrophic results.

*A multi-vehicle accident occurred when a semi-truck was trailing too close behind another truck - rear-ending it when it got too close and causing it to strike the vehicle in front of it. Considering the possible potential for severe physical damage - it is fortunate that only minor injuries resulted.

*In another state a semi-truck driver drifted off the side of the road - hitting a pedestrian and killing him. This is another example of driver negligence. All drivers should be cognizant of their attention span. If you have been driving for long periods of time - stop and stretch. Frankly, nothing could be more harrowing than a semi-truck bearing down on you.

*And the day before that a semi-truck driver chose to attempt to drive around a truck that was slowing down to make a turn. Because the driver was making a left hand turn the semi drove directly into the driver's side of the vehicle. The vehicle burst into flames and both the driver and passenger died.

*And finally, in other semi-truck accident news from across the state over the course of the last 5 days - a semi blew a tire causing the driver to lose control and careen into several other vehicles - killing one driver and seriously wounding another.

We all share in the responsibility to ensure that the vehicles we are driving are safe. Tire blowouts - especially on semis - are unacceptable. They are also deadly at times.

The Baumgartner law firm handles trucking accident lawsuits in Houston and across the state of Texas. For free no obligation consultation with a Texas big rig accident attorney call us toll-free at 1-866-758-4529.

There are over 5000 wrongful death truck accidents in United States each year. A good percentage of those fatal 18-wheeler accidents happen in Texas. Part of the reason for the large number of semi truck accidents in Texas is the sheer number of miles of highway in our state.

The major metropolitan areas such as Houston, Dallas, San Antonio, Austin and El Paso have a large share of the serious truck accidents either in the city limits or on a highway not far from the city. The majority of serious truck accidents occur on a highway at highway speeds.

The cost to Texas for the large number of semi truck accidents involves both lives and money is substantial. Many times or truck accidents where fortunately there are no injuries but the 18-wheeler overturned and caused a major traffic delay and cleanup effort for the community.

Unbelievably, many trucking companies push their workers to the limit and sometimes cause a fatigued driver, which is clearly an unsafe condition. Other trucking companies just do not monitor and enforce the rules required by the state of Texas and also the Federal Motor Carrier Safety Regulations, which can lead to devastating results.

Additionally, many times the actual condition of the big rig can cause or contribute to the accident and in such cases it is not only the truck driver responsible but also the trucking company which bears ultimate responsibility for the condition of the big rig.

If you been the victim of a truck accident in Houston or elsewhere across the state of Texas you may be entitled to compensation for your injuries. Anyone who's been involved in a serious truck accident Texas should consider hiring a Texas truck accident attorney as early as possible to represent them in their claim against the motor carrier and driver.

Although I am officially a Texas semi-truck accident lawyer I am not so inflexible as to be unwilling to acknowledge that some semi-truck accidents are the fault of other drivers - and can end in the tragic injury and/or death to a perfectly lawful truck driver.

*Recently a semi driver was cut off by another driver causing him to lose control of his rig. The 18-wheeler left the highway and crashed into a grocery store sitting directly off the highway. The driver was killed and 3 local fire stations were called in to contain the blaze.

I am always frustrated when I read about semi-truck accidents caused by reckless driving. A split-second decision can result in the injury or death of an otherwise innocent driver.

*In another case the driver of an SUV began tailgating a semi-truck on a two lane highway. In an attempt to let the other driver pass the semi began to pull into an industrial park. He miscalculated the turn, however, and lost control of the rig - causing it to flip on it's side. The rig driver was seriously injured as a result.

Drivers need to settle down when they're behind the wheel of their vehicle - particularly on a two lane highway.

You can start by giving yourself enough time to get where you're going safely and without endangering yourself, your passengers and the other drivers on the road. Start building a fifteen minute window into your destination 'time-frame'.

That may help to dispel some of the pressure you feel to be on time for wherever you are headed and whatever you plan to do.

A family member has been in a terrible 18 wheeler accident and you are struggling to deal with the injuries and recovery of your loved one and it is the last time you want to have to do anything other than tend to your family. Yet it is very important in many truck accident cases that the victim obtain quality and competent representation as soon as possible.

Whenever there is a serious truck accident the ARE greater than not that the insurance carrier will have lawyers and experts at the scene within 24 hours of the truck accident. The insurance company dispatches their group for one purpose and one purpose only and that is to defend the claim and find things that will help them deny or delay the claim.

Not only are the insurance quick response team looking for things they can make issues in a truck accident lawsuit but mainly they are looking for a way to shift responsibility from the trucking company and truck driver to either the victim or another party. In short, they are looking for ways to pay as little as it possibly can from the accident.

There are such things as skid marks, debris, fact witnesses, black box or onboard computer systems, and other important evidence that can disappear if a family does not act quickly to protect their interests. Many times an unscrupulous trucking company will look to sell the damage truck as quick as possible to avoid it being used as evidence in the case.

If you were loved one have been injured in a truck accident the first thing you should do is find a quality and competent Texas truck accident attorney to protect your interests.

Another illustrious government agency is the U.S. Department of Transportation. Although their purview includes all types of transportation - land, sea and air - they perform a variety of valuable services and provide a wealth of information to the American public. One of their current campaigns is to call attention to the dangers of distracted driving but there are a number of other relevant concerns currently posted on the site as well.

For instance, if you would like to know more about vehicle safety, drug and alcohol testing, airline security and the TSA, anything related to the trucking industry, the future of high speed rail in this country and access to state department of transportation satellites - then you would find this information at www.dot.gov.

In addition, the issue of green energy and transportation is also addressed on the website - and if you are the type of person who likes to keep track of where your tax dollars are going then you may access the extensive budgetary, performance and accountability material provided in a separate comprehensive presentation.

Finally, the website offers separate listings of services they provide to citizens, businesses and government agencies. Individuals can access extensive libraries and research, consumer and recreational information, the detailed provisions and expectations to apply for transportation related grants and loans - and other consumer related instruction.

As with the NHTSA site - I urge readers to take the time to review this website

Continue reading "The Department of Transportation Website" »

A number of studies have been done over the past several decades whose findings have revealed that - even though each collision is unique - there are several common causes of truck accidents across the country.

Let us consider the top five mistakes that lead to truck wrecks involving semi-trucks (and other commercial vehicles) and often result in injury and wrongful death.

*Improper truck maintenance is one reason that so many semi-truck accidents happen on American roads. Worn tire tread, unattended to brakes and brake systems, inattention to proper care of the coupling system and other oversights in the care of an 18 wheeler can have deadly consequences for the rig driver and other unsuspecting persons on the road. Unfortunately, proactive attention to proper maintenance may be the best life-saving interventions that can be undertaken by the trucking industry.

*Driver fatigue is also one of the top five causes of truck accidents. Semi-truck drivers are put under pressure by their respective trucking companies to get their commodities from the place of origin to their destination. This leads to individuals pushing themselves beyond their physical capabilities in order meet expectations. Even though regulations are in place that are meant to prevent drivers criss-crossing the country without the proper rest - it happens regularly anyway - and, not surprisingly, accidents are often the result.

*Speeding is yet another cause of semi-truck accidents because it is another way that drivers can make up for time lost in traffic jams or bad weather. It can also lead to deadly accidents at a moment's notice because of unpredictable events on the roads that do not allow drivers adequate stopping time and distance.

Finally - improperly placed loads and substance abuse round out the top five causes of semi-truck accidents.

If you notice a truck driver behaving erratically contact local law enforcement or the state highway patrol. We have an obligation to keep each other safe on the roads.

Continue reading "Top 5 Causes of Truck Accidents" »

Impaired driving can not only be the result of intoxication or the ingestion of illegal substances - sometimes simple over the counter medications or prescription drugs can also inhibit safe motoring. In other cases these same drugs can interact with alcohol in a way that increases its potency as well.

For instance, experts have found that aspirin taken with a caffeine drink can have the same dulling effects as several drinks - comparing to an 0.05 level of alcohol in the bloodstream. Dramamine - a substance taken to combat seasickness - can also cause drowsiness and dizziness - a dangerous combination for drivers and a number of over-the-counter cough and cold medicines increases the effects of alcohol when taken in combination. Any time a driver is less than 100% the odds of a car accident or a truck accident increase.

Too, there are millions of prescription drugs taken by persons on a daily basis in this country. In fact, research suggests that nearly eighty percent of individuals age 65 and over take at least one type of medicine daily - and many are on a combination regimen of drugs for a wide variety of ailments.

While it's heartening to realize that the pharmaceutical companies and medicine have been able to increase the length and quality of life - this progress comes with risks.
Unfortunately, many seniors are unable to verbalize the cautions their physicians have given in relation to taking medicine and driving.

At the same time, research is beginning to show there is a direct correlation between prescription and over the counter medications and an increase in vehicular collisions.

If you are using any type of medicine - read the labels, talk to your doctor or a pharmacist. Be fully cognizant of the effects of medicine on your ability to drive safely.

Continue reading "Impaired Driving by OTC Drugs" »

Automobile accidents are a regular part of the driving experience in Houston, Dallas and across Texas. Some are more unique than others - and some are more deadly. Consider the following news stories about car and truck wrecks on city roads and highways.

*Three teens led police on a high-speed chase through the city of Houston after stealing a vehicle and then using it to ram a gas station - which they then proceeded to rob. In the end no one was hurt and the teens were taken into custody. Damages are expected to run into the thousands of dollars.

*The founder of a well-known church in another state was killed and his wife injured in a fatal truck accident although what happened is unclear, reports suggest it may have been that the vehicle he was driving veered into the lane of oncoming traffic and smashed head on into a semi-truck.

*A pedestrian was killed and 7 others injured when an SUV ran a stop sign during a police pursuit and hit a bus - forcing it into the bystander and pinning him below the bus. The driver and passengers in the SUV were all taken into custody and charged with manslaughter and burglary.

In each of these accidents the causes can be traced to ongoing debates about driving. In the first accident there have been continued discussions about the proper age for young people to be given permission to drive. Even though the youth allegedly stole the car - if the age of driving were raised would teens consider getting behind the wheel of a vehicle?

In the second accident - the opposite debate rages. The driver was nearly eighty years old and accidents with elder drivers require that we have an honest and open discussion about the proper age at which the elderly should regularly tested for a drivers license.

Finally, police chases are some of the most controversial subjects in municipalities across the country. I would wager that the loved ones of the gentleman who died would feel that the value of a stolen vehicle couldn't compare to the loss of their father, grandfather, uncle, and son.

Continue reading "Recent Accidents" »

The simple truth of the matter is that 18-wheeler accidents are not the same as a two-car crash. Victims of semi truck accidents generally have pretty significant injuries given the huge disparity in weight between a passenger car and a tractor-trailer.

The operation of an 18 wheeler is quite different from the typical passenger car, not only are the brakes substantially different but the braking characteristics and stopping distances are more complex given the articulated vehicle and waits up to 80,000 pounds.

Additionally, truck accident lawyers must be well versed in the Federal Motor Carrier Safety Regulations such that they can recognize a violation of a statutory duty whether on the truck driver's part or the motor carrier.

A lawyer who handles tractor-trailer accidents on an everyday basis is in a much better place to assess the liability of a given accident and also to prosecute a truck accident case. A simple way to determine whether or not the lawyer you are speaking with is an experienced truck accident attorney is to ask them for their case results in 18-wheeler accident litigation.

While a successful track record in 18-wheeler accident litigation is desirable it is not the only factor that a victim should consider. Truck accidents tend to be much more complicated than the everyday car accident and involve much higher numbers in terms of damages.

It is critically important that the lawyer you select to help you seek justice in a Texas truck accident case be one that you are comfortable with and feel good about.

Continue reading "Why Hire a Real Truck Accident Attorney" »