Call Now Request FREE consultation - 1866-758-4529

Finding Fault After a Texas Truck Wreck

Finding fault after a texas truck wreck.



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


Determining Fault in a Truck Wreck

One of the hardest parts of the study was defining the “cause” of the truck accident.


Experienced personal injury lawyers know that most semi-truck wrecks involve several factors that cause 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.


Driver Error a Leading Cause of 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 a good percentage of the accidents studied.  Other listed reasons are:


  • Fatigue
  • Inadequate lookout
  • Driving too fast for the conditions
  • Over-the-counter drug use
  • Under pressure from the 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.

Get a Truck Accident Attorney to Investigate the Fault


Experienced attorneys understand that many separate factors often combine to cause the crash.


Frequently, negligence on the part of the truck driver and also of the “Motor Carrier” contributes to the cause of an accident.


For example, a truck driver may be driving while fatigued and 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. Contact an attorney right away if the accident caused serious injury.


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.

Related Resources:

Houston Speeding Truck Accident Attorney

Feds- Crash Accountability Report Results Soon

What is Contributory Negligence and How Does it Affect My Truck Accident Case?

What Elements Must I Prove to Win a Truck Accident Case?


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.