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Finding Fault After a Texas Truck Wreck



According to a recent DOT study, the leading cause of serious injury or wrongful death truck wreck is poor decision making by the truck driver.


One of the hardest things to do in the study was to actually define the “cause” of the truck accident.


Experienced personal injury lawyers know that most semi truck wrecks usually involve several different factors that worked in combination to have caused the crash.


Over 120,000 people each year are injured in truck accidents in the US and decision-making by a truck driver was a large factor in many, if not most of those accidents.


Improper decisions included, driving too fast for conditions, misjudging speed or following too closely. The next most frequent issue was poor recognition, which included distracted or inattentive driving or failing to keep a proper lookout.


The next most common reason was non- performance by the driver, which included things like falling asleep, a medical condition or being physically or mentally impaired.


Finally, poor driving performance or driver error was listed as a factor in about good percentage of the accidents studied.  Other listed reasons are:


  • Fatigue
  • Inadequate lookout
  • Driving too fast for conditions
  • Over-the-counter drug use
  • Under pressure from motor carrier
  • Illegal maneuver and inattention.


In Texas, we have a rule where a judge or jury will determine each person or entity that is at fault for an accident and the appropriate percentage of fault attributable to each such person or entity.


Experienced attorneys understand that often there are many separate factors that combine to be a cause of the crash. [pullquote]Frequently, we find negligence on the part of the truck driver and also on the part of the “Motor Carrier” that contribute to the cause of an accident.[/pullquote]


For example, a truck driver may be driving while fatigued and actually violating the hours of service regulations, while the trucking company may be negligent in their training of the truck driver or their enforcement of the safety rules.


If you have lost a loved one in a big rig crash, or a family member has been seriously injured, the sooner you begin the investigation as to the compliance with the safety regulations by the truck driver and his or her company the better.


Call the experienced truck wreck attorneys in Houston, for a no obligation consultation about your rights and options, after a serious injury 18-wheeler accident.


About Greg Baumgartner

Truck accident lawyer Greg Baumgartner
Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representation and personalized attention to every client.