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I Was Rear Ended By an 18-Wheeler in Houston What Do I do?

Hit in the rear by an 18-wheeler

Getting hit from the rear by an 18-wheeler is the most common truck accident in the United States. Tractor-trailers take about 40 % longer to stop than the car you drive, and truck drivers frequently allow no adequate safety cushion between vehicles which can lead to a rear-end 18-wheeler accident. The damages are generally much more severe because the truck can weigh up to 40 times more than the car it hits.

What to Do at the Scene of the Rear-End Accident

  1. Get information from the truck driver.
  2. Take photographs with your cell phone of the scene and the vehicles.
  3. Take the contact information of every witness you identify.
  4. Always wait for the police.
  5. Tell Paramedics about every area of concern.

Always make sure you are staying in a safe area after the accident. To avoid being hit again by another distracted driver.

Dealing with Your Property Damage Claim

Handling your property damage claim through the truck driver’s insurance policy is often a very frustrating experience. Trucking companies and commercial trucking insurers are not set up to handle property damage claims, and rear-end truck accidents timely. Some people wait for months to get their cars fixed when dealing with an adjuster with a commercial vehicle policy. However, as car accident law firms can attest,  standard auto insurers are much easier to deal with for property damage.

It usually is better to turn the property damage portion of your claim over to your auto insurance for handling. Taking this approach transfers the frustration from you unless your insurance company deals with the trucking company back. Often, people are reluctant to claim their policies and only do so after waiting months for the trucking company to respond.

When There Are Injuries From the Rear-End Collision

Trucking companies and their insurance companies are very businesslike and efficient in dealing with handling injury claims after a rear-end 18-wheeler accident. For a severe injury, the trucking company’s actions will be quick and designed to save them money.

If the injuries are severe, you can expect a robust initial investigation design to uncover a defense for the truck driver and trucking company.

Common Tactics of Adjusters

The first line of attack is looking for scapegoats to take responsibility for the accident from the trucking company’s driver. In many rear-end truck accident cases, one common tactic is to claim the vehicle hooked from the rear “suddenly moved into their lane.” Making up facts to defend the claim is the first order of business for many trucking companies.

Another tactic frequently used when the trucking company is worried about damages is videotaping the injured person by hiring an investigative staff to put the plaintiff under surveillance. With this tactic, the insurance company is hoping to take something out of context to make the injured person look bad.

Read More:What You Need to Know About an 18-Wheeler Stopping Distance

Medical Treatment Issues From a Hit in the Rear by a Big Truck

medical help after an accident

Always get the medical help you need after a trucking accident!

Obtaining proper and consistent medical treatment is vital for your health. Following your doctor’s orders should be a no-brainer for everyone. Unfortunately, deductibles or even a lack of insurance coverage can pose a problem for many people.

Delay of Lapse in Treatment

Understand that lapses in treatment or not going to the doctor by trying to tough it out can work against your injury claim against the trucking company. Their jury argument usually goes something like, “if it was that bad, you would have gone to the doctor.”

Importance of Specialists

Another issue important to address is making sure the appropriate medical professional is treating you. With 18-wheeler collisions, spinal cord injuries are prevalent. If you suspect your spinal cord has been injured, you probably should not be handled by a chiropractor.

The sooner you are in the hands of an expert or specialist like an orthopedist or neurosurgeon, the better your chances for recovery are, and the sooner your medical condition can be diagnosed and treated appropriately. It usually takes an MRI to diagnose a disc problem accurately.

Head Injury

Another common injury from rear-end truck accidents is a head injury. If you have symptoms of a head injury like:

  • Headaches
  • Nausea
  • Forgetfulness
  • Mood swings
  • Personality changes or
  • Balance issues

See a neurologist early if you suspect a brain injury after an accident.

Quick Settlements Almost Always A Mistake

It is always a mistake to consider settling your injury case after a trucking accident until you are sure you have a complete handle on your medical condition and necessary treatment. A tactic used by insurance companies to reduce the amount they pay out to clients is to pressure the injured for a quick settlement before the extent of the injuries is known. Early settlement merely shifts the burden or risks of loss on the innocent victim and is a mistake.

Preserve Evidence after an 18-Wheeler Accident Rear-End Crash.

While trucking companies will have a quick and thorough investigation because they are prepared to deal with accidents, individual victims probably have not been through a severe crash before and had no idea what to do. Making sure that the trucking company preserves evidence before it is destroyed can make or break a case.

Press to Repair Quickly

One tactic used by the defense interests after a rear-end crash with a semi is to put the big truck back in service when possible preventing an inspection by the injured person’s representatives. Computer data, also called Black box data, shows the application of brakes and speeds and other significant evidence. The truck itself can be defective and a source of liability for the trucking company and should be inspected in some cases.

Time Limits to Keep Papers

While the Federal Motor Carrier Safety Regulations require the trucking company to keep specific paperwork, they need not keep it forever. It is essential that the victim or the victim’s representatives send a letter demanding particular evidence be preserved early and before the evidence has been changed, lost, or destroyed. Get the best truck accident lawyer in Texas to protect your interests.

Finding the Best 18-Wheeler Accident Lawyer

If you have been injured, you will likely require an attorney to assist you in maximizing the compensation you will receive from the insurance company for the truck driver.

The insurance companies that write commercial policies for trucking companies or small groups and those insurance companies keep records of attorneys.  Who represents you with your 18-wheeler collision is your most important choice. Choose the best attorney for your rear-end truck accident.

Understand that the critical choice is the specific attorney who will do the work on the case. Many personal injury victims make the mistake of hiring a law firm only to have their case handed off to an inexperienced associate or junior partner. Having a junior lawyer is a disaster for the victim.

The most important choice you will make making sure that the attorney you choose is experienced, qualified, and has a track record in rear-end 18-wheeler accident cases. You must also make sure the attorney who commits to doing the work on your injury is the one who works the case and not a junior lawyer.

If you can’t get a commitment from an experienced attorney in the firm to do the work, find another lawyer. Repeatedly personal injury victims hire a law firm only to end up with a very inexperienced attorney learning on the job and hurting their case.

Commitments by the experienced attorney to “oversee” and “supervise” are worthless. Were you needing surgery and researching the best doctor to operate on, would you accept a doctor choosing an associate from his firm to handle the procedure?

Do not be afraid to interview a few different lawyers until you are comfortable with a trucking attorney who is best for your case.

Speak Directly With a Leading Attorney Handling Rear-End Accidents.

If you have questions about a rear-end 18-wheeler accident, call The Leading Texas truck accident Lawyer at (281) 893-0760.


Related Articles:


Why Are Rear-End Collisions So Dangerous?


Stopping Distance is a Major Factor in Big Rig Rear-End Collisions


Driver Airlifted to Hospital After Being Rear-Ended by 18-Wheeler


What’s My 18 Wheeler Accident Case Worth?


Expert Witnesses in Truck Accident Litigation

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.