Undefeated in Trucking Accident Litigation for Over 40 Years
After a truck accident, seeking advice from an expert Austin truck accident lawyer is critical. Large truck accidents happen less often than car accidents. However, many crashes involving commercial vehicles result in serious injuries or deaths. Because a tractor-trailer can weigh 80,000 pounds, the devastation from a collision is usually serious. Each year, almost 4000 commercial vehicle crashes result in a fatality, and over 73,000 truck wrecks involve injury.
Our experienced truck accident lawyers in Austin have been helping Texas families for decades. We work to ensure that families receive the best possible compensation after semi-truck collisions. Put our truck accident team to work for you! The sooner you hire us, the sooner we can investigate the crash to develop a strong case for you.
Texas has the largest percentage of fatal 18-wheeler crashes of any state in the country. In the latest reports, Texas had more than 600 deaths and 14,000 injured truck accident victims in one year. Travis County alone had 17 deaths in commercial vehicle crashes and almost 646 truck crashes last year.
Results Matter
Not only do we remain undefeated in commercial vehicle accident cases, but we have continued to achieve incredible results for our clients.
- Confidential Multi-Million Dollar Settlement– The highest ever paid by the trucking company for the family of a man killed in an accident with a big rig. The defense blamed the victim.
- $5 Million-For a man who was injured after being struck in the rear by a commercial vehicle.
- $5.75 Million – For a truck driver who lost control of his tractor-trailer and jackknifed across the highway, killing two innocent victims. Noteworthy is the fact that we got more money for the injured trucker than the other “truck accident lawyers” got for the families of the innocent victims.
Why Choose Our Truck Accident Attorney?
Attorney Greg Baumgartner is a nationally recognized truck accident attorney. We have recovered maximum compensation for hundreds of victims of truck accidents, drawing on more than 40 years of experience. We have obtained hundreds of millions of dollars in damages for families in Austin and across Texas.
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Common Causes of 18-Wheeler Truck Accidents in Austin
Understanding the common causes of 18-wheeler truck accidents in Austin is crucial for determining liability.
Driver-related factors can significantly contribute to truck accidents in Austin. Fatigue is a common issue. Truck drivers often feel pressure to meet tight delivery deadlines. This pressure can lead them to ignore hours of service rules.
Other driver-related factors include distraction, substance abuse, and negligence. Identifying these factors can help your truck accident lawyer determine if the driver was at fault for the accident. This can hold them responsible for their carelessness.
The majority of tractor-trailer accidents are caused by driver error. This can be such things as:
- Following too close,
- not keeping a proper lookout,
- failing to maintain a safe distance,
- failing to yield the right-of-way,
- not seeing a vehicle in a blind spot,
- speeding or traveling too fast for the roadway conditions,
- driving while fatigued or after the driver was legally disqualified from operating a commercial motor vehicle.
- violating one of the safety rules or
- operating a dangerous vehicle.
Vehicle Maintenance and Equipment Issues Causing Truck Accidents in Austin
In addition to driver-related factors, poor vehicle maintenance and equipment issues can lead to accidents involving 18-wheelers. Faulty brakes, worn tires, and other mechanical issues can all be potential contributing factors to truck accidents in Austin. If you are involved in such an accident, consulting a truck accident attorney can be vital to your case.
Trucking companies must maintain their vehicles. If they do not, it can lead to serious accidents. Some common issues to look out for include:
- Worn-out tires
- Faulty brakes
- Malfunctioning lights
- Overloaded cargo
- Improperly secured loads
Identifying these issues can help your lawyer establish liability and pursue compensation from the responsible parties.
Trucking companies can share legal responsibility with their drivers operating the vehicle on the job. Generally, the trucking company is legally responsible for the actions of the driver while driving for the company. Additionally, trucking companies can be negligent under these circumstances:
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Determining Liability in a Truck Accident in Austin
Determining liability in a truck accident can be a complex process, involving multiple parties and various factors. It is essential to understand the federal trucking regulations and their impact on liability in a truck accident case. The Federal Motor Carrier Safety Administration (FMCSA) made these rules. They are designed to keep truck drivers and other road users safe. When a truck accident occurs, it is essential to determine if the truck driver or the trucking company violated any regulations. This can greatly affect who is responsible.
Federal Trucking Regulations and Liability
The FMCSA sets forth regulations that govern the trucking industry, aiming to maintain high safety standards. These regulations cover various aspects of trucking operations, including hours of service, vehicle maintenance, and driver qualifications. When a truck accident occurs, it is essential to investigate whether any of these regulations were violated. If a truck driver or trucking company does not follow these rules, they may be responsible for the accident.
Hours of Service and Driver Fatigue
One important rule is the hours of service. This rule limits the amount of time a truck driver can drive without taking a break. Driver fatigue is a significant contributor to truck accidents. Breaking the hours-of-service rule can lead to legal issues. An experienced truck accident lawyer can check the truck driver’s logs and other evidence. This helps determine if the driver was tired at the time of the accident. This investigation can be crucial in establishing liability and ensuring that the responsible parties are held accountable.
Vehicle Maintenance and Inspection Requirements
Another essential regulation is the requirement for regular vehicle maintenance and inspection. Trucking companies must keep their vehicles well-maintained and regularly inspected. This helps prevent mechanical failures that can cause accidents. If a trucking company fails to comply with these regulations, it may be held liable for any resulting accidents. Common maintenance issues that can contribute to accidents include faulty brakes, worn tires, and malfunctioning lights. Identifying these issues can help your lawyer establish liability and pursue compensation from the responsible parties.
Identifying Negligent Parties
In a truck accident case, multiple parties may be held liable for damages. It is essential to identify all negligent parties to ensure that the victim receives fair compensation. This can include the truck driver, the trucking company, and other parties involved in operating and maintaining the truck.
Truck Drivers and Their Employers
Truck drivers and their employers may be held liable for accidents caused by their negligence. This can include violations of federal trucking regulations, such as hours of service or vehicle maintenance requirements. Truck drivers can be held responsible for accidents if they drive recklessly or carelessly. This includes actions like speeding or being distracted while driving.
When You Must Act to Protect Your Rights After an Accident near Austin, TX
In Texas, you have two years from the date of your injury to file a lawsuit (known as the statute of limitations). This rule applies to personal injury cases in Texas.
Start the Investigation Right Away for Serious Accidents
A truck accident lawyer can investigate the crash. They will find out how it happened and who is responsible. Parties who can be held liable for a truck accident include the truck driver, the trucking company, and other entities. Investigators will use evidence to help their case. This includes the truck’s electronic control module, driver’s logbooks, trucking company schedules, and maintenance records. They will also look at other evidence.
How Hiring a Truck Accident Lawyer Helps
Having a lawyer by your side increases your chances of being successful in a claim. The FMCSA sets the federal regulations for trucking. They include the hours of service for truck drivers, alcohol and drug testing procedures, and other regulations. A truck accident lawyer in Austin from TX Truck Accident Lawyers can explain the law in detail and identify if a violation of federal trucking regulations caused your accident.
Finding Violations of the Federal Motor Carrier Safety Regulations
Driving a commercial truck is a much different monster than driving a passenger car, SUV, or van. Commercial truck drivers must meet specific requirements to be hired. These requirements include a commercial driver’s license, a valid medical certificate, and a background check.
In many instances, truck accidents are caused by the errors of truck drivers. The truck driver may:
- Violate a Texas statute
- Speeding
- Make an unsafe lane change, or
- Engage in distracted driving while operating his or her vehicle.
- The at-fault truck driver or trucking company may violate one or more of the state or federal motor carrier regulations.
Truck Accidents Are Different From Car Wrecks
18-wheeler collision cases are extremely complex and require the careful examination of evidence that is not typically present in other types of wrecks. This includes things like:
- A truck’s electronic control module (black box)
- Driver’s logbooks,
- Trucking company schedules
- Maintenance records
- Cell phone records
- Inspection reports
- And any other evidence that may show the true cause of the truck accident.
Truck accidents in Austin are unlike any other kind of accident. The weight of the vehicle plays a significant role in determining the severity of an accident. Trucks and 18-wheelers are heavy vehicles, and as a result, anything that crashes into them could receive serious damage.
If you have been injured in a truck accident that occurred in or around Austin, Texas, a knowledgeable Austin truck accident lawyer near you is ready to help. Our team can investigate the circumstances behind your truck accident, file a claim or lawsuit on your behalf, and pursue monetary compensation for your medical treatment, lost wages, mental distress, and physical pain and suffering, among other types of damages.
Why You Need an Austin Truck Accident Lawyer
The aftermath of a truck accident can be incredibly complex.
The aftermath of a truck accident can be incredibly complex, making it essential to hire an experienced truck accident lawyer. The issues can involve multiple parties, extensive investigations, and a thorough understanding of specific regulations. This complexity can be even more challenging when dealing with truck accident claims, particularly in cases involving a car accident.
Victims greatly benefit from hiring an experienced Austin 18-wheeler accident lawyer, as this can lead to the best possible outcome. They possess the acumen to identify, acquire, evaluate, and utilize the evidence required to prevail in the case.
Austin Truck Accident Lawyers with Knowledge of Specific Regulations
Building a strong case requires a lawyer’s expertise in comprehending the federal and state regulations governing the trucking industry. The FMCSA has created rules and safety guidelines for truck drivers and trucking companies to follow.
A knowledgeable lawyer can determine if any rules were broken during the accident, which helps strengthen your case.
Experience with Complex Cases
Given the complex nature of truck accident cases that involve multiple parties and extensive investigations, the expertise of an experienced truck accident lawyer becomes indispensable for effectively navigating these complexities. They have dealt with numerous complex cases, such as:
And many others.
Our expertise can guide you through the insurance claim, medical bill payments, and settlement process, providing invaluable advice and support throughout the case.
Damages for Austin Truck Accident Victims
Compensation for Austin truck accident victims can include economic and non-economic damages, helping you recover from your injuries and move forward with your life.
Understanding the various types of compensation and how they apply to your situation is crucial for ensuring the necessary support for your recovery. Get a consultation with an experienced truck accident attorney as a first step in getting the compensation you deserve.
Economic Damages
Economic damages encompass the financial losses resulting from the accident, including medical bills, lost income, and property damage. These damages can help you cover the costs of necessary medical treatments, replace lost wages, and repair or replace damaged property.
Working with an experienced truck accident lawyer can help you accurately calculate and pursue these economic damages, ensuring you receive the compensation you need to recover from your injuries.
Non-Economic Damages
Non-economic damages compensate victims for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages can be challenging to quantify, but an experienced truck accident attorney can help you determine a fair amount based on the extent of your injuries, the impact on your daily life, and the duration of your recovery.
Pursuing non-economic damages can be an essential part of your compensation package, helping you cope with the emotional and psychological effects of the accident.
What you should do if you are injured in a commercial motor vehicle accident near Austin:
1. Call the police or wait for an investigating officer
If you can speak with the police officer investigating the crash, tell the officer your story. Your only chance to talk with the officer may be at the hospital. Truck drivers are very defensive in protecting their commercial driver’s license and often deny responsibility when they cause a crash.
Consulting a truck accident lawyer can be very helpful in these situations. Police reports can provide valuable evidence, particularly in serious injury accidents, as the officer may reconstruct or reenact the incident. Regardless of whether the officer’s opinions can come into evidence and a trucking accident lawsuit, the officer’s factual observations, such as the scene of the crash, debris, and markings on the highway, as well as witness information, weather, etc., may well be admitted in a trial.
2. Take photographs
Use your cell phone to photograph the accident scene, the vehicles, and the resting position of the big rig and your vehicle. If possible, photograph the location where the impact occurred and any skid marks or other markings on the highway safely.
3. Identify witnesses
Some of the most powerful evidence can come from independent witnesses to the crash. These are usually fellow motorists who were in the area at the time of the accident and saw it occur. It is essential not to rely solely on the officer investigating the crash to record the names and contact information of witnesses. Often, officers are more concerned with safety at the scene than with documenting independent witnesses.
4. Record statements by the driver
If the truck driver talks to you regarding how the accident happened, it is important that you record those statements either by video on your smartphone or by writing down what the driver said. This can be as simple as the driver saying, “I didn’t see you. I’m sorry.”
5. Get the necessary medical treatment
Most of the time, after an 18-wheeler collision, the surviving victims are taken to the hospital by ambulance. Victims of commercial vehicle crashes must follow their physician’s instructions. Do not “tough it out” or miss appointments, as your health and happiness can be at risk. Additionally, it is essential to recognize that emergency rooms are intended for emergencies. Many hospitals will not treat non-life-threatening conditions that require surgery. The hospital will refer you to a specialist or primary care physician for follow-up care.
Austin Highways, Where Truck Accidents Happen Frequently
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Types of Commercial Vehicle Accident Cases We Handle in Texas:
Frequently Asked Questions
What is the statute of limitations for filing a truck accident claim in Austin?
The statute of limitations for filing a truck accident claim in Austin is two years from the accident date.
It is essential to consult with an attorney promptly to ensure your claim is submitted before the deadline.
Can I still recover compensation if I was partially at fault for the accident?
Yes, if you were partially at fault for the accident in Texas, you may still be able to recover compensation if your degree of responsibility is less than 50%.
Under Texas law, if you are found to be less than 50% at fault for an accident, you may still be able to recover compensation for your damages; however, the amount will be reduced by your percentage of fault. This is known as comparative negligence.
What should I do if the insurance company offers me a settlement?
Be very cautious in accepting an offer. If you accept an offer, you will be stuck with the offer. Consult with an experienced truck accident lawyer to evaluate the settlement offer from the insurance company and determine if it is fair.
How long will it take to resolve my truck accident case?
It is difficult to determine exactly how long your truck accident case will take to resolve. In some instances, we may be able to settle your case in 6 months. If the case requires litigation, the time could be extended to over one year. However, an experienced attorney can better assess the timeline based on factors such as the liability and damages, as well as the insurance company’s willingness to negotiate.
Can I file a wrongful death claim if a loved one was killed in a truck accident?
Yes, you may be eligible to file a wrongful death claim if a loved one was killed in a truck accident.
This type of claim can help you recover compensation for medical expenses, funeral costs, loss of companionship, emotional trauma, and other damages.
Do Austin truck accident claims require special expertise?
Yes, do not trust your case simply because a law firm claims to have Austin truck accident attorneys. Real truck accident lawyers will have case results to prove their experience and reputation. Truck accidents require special skills and knowledge – don’t settle for less with your truck accident case.
If you have been hurt in an accident with a commercial vehicle, getting expert legal help is vital to receiving full compensation. Insurance companies know the attorneys who fight to the end and those who settle quickly and cheaply. Don’t settle for less; get the best truck accident attorney for your case.
While our primary law office for truck accidents is located in Houston, Texas, we maintain a satellite office in Austin to better serve our clients. We take appointments at both facilities and offer home and hospital consultations by appointment only to individuals who are unable to travel due to their injuries.
Our years of experience in trucking accident litigation have repeatedly proven that we are the “go-to” truck accident law firm in Texas. Our results in truck accident lawsuits are unparalleled, and we speak for ourselves. While each case is unique and stands on its own merit, our trucking litigation experience over the last three decades shows that you do not want an attorney learning on the job in your case. We recommend that you thoroughly research the attorney you are considering for a trucking accident case.
The only way to maximize your compensation is to hire the best truck accident attorney for your case.
Call the Texas Truck Accident Lawyer for a Free Case Evaluation
Call us at (281) 893-0760
Truck Accident Resources:
What You Need to Know About Damages in Houston Trucking Accident Cases
How to Settle Your Car Accident Injury Claim Without an Attorney
What are the Possible Types of Damages in a Truck Accident Case?
Can I get Punitive Damages After a Truck Wreck?
Waco 18 Wheeler Truck Accident Lawyer
What to Do After a Truck Accident in Texas
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