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How do I File a Claim After a Truck Accident?

How do I File a Claim After a Truck Accident?

When you are involved in any type of accident, it can be a scary situation. However, when you are the victim of a truck accident, it can be extremely traumatic. Because of their size and weight, trucks commonly cause severe and life-threatening injuries. Your first and most important consideration is to take care of your medical needs. Next, contact a truck accident attorney to review the details of your case. Your lawyer will determine the best way to proceed.

Possible Claims Following a Truck Accident

It is normal to assume that the driver of a vehicle is responsible for an accident. However, when it comes to truck accidents, they can be trickier and much more complex than regular vehicle accidents. There are several parties that could possibly be responsible for the accident and your injuries. These include:

  • Truck driver
  • Trucking company
  • Truck manufacturer
  • Truck repair company
  • Tire or other parts manufacturers
  • State or local government

The first step is to determine the cause of the crash. In general, the main cause of a crash may fall under into one of several categories including driver error, mechanical failure, and weather or road conditions.

Human error is a driver mistake such as speeding, driving while fatigued, failing to obey traffic signals, driving while distracted, and others. Mechanical failure is a problem with the truck itself such as brake failure or a tire blowout. Weather or road conditions include such things as rain, ice, snow, debris on the road, or poorly maintained roads.

How to Determine the Cause of a Crash

Determining the cause of a truck crash is not often easy. It is something that must be left to the experts. The court may review the documents from a crash to make a determination as to the amount of negligence to assign to each particular driver in the crash.

Whenever there is any question as to the cause of the accident, it may be in your best interest to have an accident reconstruction expert review the crash. An accident reconstruction engineer will analyze data from the crash to determine what happened prior to, during, and after an accident.

In some instances, the crash may have several factors that caused or contributed to it. The Federal Motor Carrier Safety Administration (FMCSA) analyzed many truck crashes and published the Large Truck Crash Causation Study. They collected data from numerous truck crashes to determine critical events and critical reasons for crashes. Critical events are actions that put the truck “on a course that made the collision unavoidable.” A critical reason is the failure that led to the critical event. They found three common critical events in large truck accidents, including running out of the travel lane, losing control of the vehicle, and colliding with the rear of another vehicle.

If you were seriously hurt in a truck accident you need support and guidance from an experienced Houston truck accident attorney.

Contact the leading truck wreck lawyers in Houston to discuss the details of your accident today. Call 281-893-0760!


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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.