Houston, Texas Truck Accident Attorney
Other Offices: Austin (TX)
Free ConsultationContingency Fee
Law Firm OverviewBaumgartner Law Firm is a personal injury law firm based in Houston, Texas with an additional office in Austin providing legal services and representation to clients throughout the surrounding areas of Texas.
The Baumgartner Law Firm is a personal injury law firm with an emphasis on the area of accidents involving trucks or other large commercial vehicles. He has tried cases involving all sorts of truck-related accidents and negligence, such as bad brakes, tire blowouts and improper loading procedures. He is also well-versed with the Federal Motor Carrier Safety Regulations, which provide comprehensive rules for truck drivers and motor carriers to follow, and nany accidents are a result of regulations being followed improperly.
With a wealth of experience dealing with commercial vehicles and negligent practices by motor carriers, clients of the Baumgartner Law Firm can rest assured that their case will be handled by an extremely competent attorney who will stop at nothing until justice is served. Mr. Baumgartner has recovered settlements and verdicts amounting to millions of dollars and is a lifetime member of the Million Dollar Advocates Forum, an honor bestowed upon less than 1% of attorneys across the United States. If you or a loved one has suffered an injury in a truck accident, the Baumgartner Law Firm is here to help.
Year this Office was Established: 1984
Languages: English, Spanish
Areas of Law
Areas of Law Description
The Baumgartner Law Firm provides legal representation in the following areas of practice:
- Truck Accidents
At the Baumgartner law firm we help victims of commercial vehicle accidents seek civil justice. Not only do we help families in Houston but also in cities and towns across the state of Texas. Our level of expertise in commercial vehicle accidents is unparalleled and we are the go to firm for truck accidents in Texas.
- Big Rig Tire Blowouts
Tire blowouts on big tractor-trailers is overwhelmingly common, and probably happens hundreds of times a day across the United States. Simple maintenance and inspections as each driver should perform during every stop along their route would prevent this happening almost entirely. An industrial tire under full air pressure and the weight of its load is like a small bomb detonating when it blows. The rubber, and ancillary parts of the tire and wheel can fly off and smash through automobile’s windows, or if hit just right perforate the metal of a passenger or driver’s door. When a directional for front tire blows or has a rapid loss of air on a big rig catastrophic situations can materialize in an instant, and cause a pileup style accident with many or even dozens of injuries. Frequently, we seek a truck jackknifing from a front tire blowout.
- Truck Maintenance
A state did a study recently on the correlation between defective mechanical parts and equipment on semi-trucks and the likelihood this will lead to a truck accident. Their findings were released in a national report – and were nothing short of shocking. Researchers began by looking at a number of semi-truck accidents that focused on trucks recently examined by the state highway patrol for dangerous and faulty problems. These truckers were ticketed and required to respond within a short period of time. When a semi-truck is found to be “out of service” with bad brakes it is 1.8 times more likely to be a cause of a semi-truck accident according to another national study.
- Bad Brakes
It doesn’t take a Texas truck accident attorney to know that semi-trucks take longer to stop than passenger cars. Accident reconstruction textbooks even include formulas for calculating the stopping distance of a big rig and all of the leading software used by accident reconstruction experts does the same thing. Given the length and distance to stop the big rig with good brakes it makes the condition of the brakes on the tractor and trailer significantly important to avoid some accidents. If the brakes are not adequately and properly maintained, or out of adjustment, the consequences can be devastating if the semi-truck must be stopped quickly.
- Jackknife Accidents
Eighteen-wheeler accidents of any kind are usually a catastrophic event for anyone involved. These can be caused by many variables that come into play while this forty to eighty thousand pound transport vehicle is sailing down a highway or inner city freeway. As most safety experts will to you, the majority of commercial truck wrecks and accidents are usually avoidable. Many tractor-trailer mishaps occur for reasons that pertain to the driver’s awareness, and the condition of the truck equipment.
- Improperly Loaded Trucks
Some of the 18 wheeler accidents that happen in Texas are as a result of a commercial truck not being loaded properly. Not only must a truck driver ensure his load is properly secured when he begins the trip but he is required to re-examine the cargo and how it secured periodically during his trip. Customarily re-examination is supposed to occur when a driver changes duty status or after the truck driver has driven for three hours or 150 miles.
- Speeding Trucks
When a commercial truck driver steps behind the wheel of an 18 wheeler the responsibility as a professional driver is different from that of the normal person driving their passenger car. A tractor-trailer can weigh up to 80,000 pounds without a special permit. An 18 wheeler takes longer to stop than a passenger car, as a rule of thumb it takes a semi-truck about one third longer to stop than a car or pickup truck. This makes the reaction time and speed of the commercial vehicle critically important.
- Garbage Truck Accidents
In major metropolitan areas such as Houston, Dallas, Austin and San Antonio garbage trucks and dump trucks injure and kill more pedestrians per mile traveled than any other vehicle. Garbage trucks have real safety issues in blind spots on the side and rear of the truck.
- Tractor-Trailer Accidents on Interstate 10
Interstate 10 is the 4th longest interstate highway in the United States and is only shorter than I -90, I -80 and I -40. Interstate 10 runs from coast-to-coast and stretches from Santa Monica, California to Jacksonville, Florida and it is one of the highways in Texas that sees the most tractor-trailer truck accidents.
- Fedex Truck Accident
As everyone knows FedEx has become one of the leading if not the leading small package carrier in the United States. As a consequence, each and every day in almost every neighborhood in America a FedEx truck is delivering packages. With the advent of the Internet and Internet shopping the explosion of home delivery services such as FedEx has made shopping much easier for the average American.
- UPS Truck Accident
As home and business deliveries increase so do truck accidents by commercial vehicle drivers such as UPS. Delivery services are increasing at record levels, this is partly due to the increase in gas prices as well as the ease of ordering products on the Internet. Delivery services such as UPS are under extreme time deadlines to get the packages delivered within a certain amount of time. The driver being in a hurry is never a good situation for community safety.
- Tanker Truck Accident
Semi-truck accidents usually involve serious injury or wrongful death. Tanker trucks increase the risk of very serious injury or death because they sometimes carry extremely dangerous liquids that can lead to a fire or explosion. Hazardous materials are transported each and every day across the state of Texas by tanker trucks.
- Under Ride Accidents
The actual term “under ride accidents” is not in the mainstream of phrases that the average person hears much if any during their lifetime. An under ride is a term associated with a vehicle coming into contact with an 18 Wheeler, and becomes pinned underneath the trailer from behind, or in the middle. Many of these accidents occur as a rear end collision when a driver slams into the tractor-trailer combo. The extra height and clearance underneath the trailer make for a deadly combination when a standard height automobile collides into the back of cargo carrier.
- Truckers Insurance Coverage
Most truck accidents involve serious injury and /or death. Because a typical rig can weigh up to 80,000 pounds, occupants of a 4000-pound passenger car have little chance to escape serious injury on impact. Given the serious injury potential of large commercial vehicles the minimum insurance required for commercial trucks over 10,000 pounds and subject to the Federal Motor Carrier Safety Regulations is $750,000. It has been our experience that motor carriers carry at least a 1 million dollar primary policy and most companies with more than a few trucks carry and umbrella policy.
- American Bar Association
- Texas Bar Association
- Colorado Bar Association
- American Trial Lawyers Association
Mr. Gregory Baumgartner
Bad Faith Insurance, Truck Accident, Wrongful Death
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Baumgartner Law Firm - Texas Truck Accident Blog
Baumgartner Law Firm - Texas Truck Accident News and Publications
Articles Published by Baumgartner Law Firm - Texas Truck Accident
Survival Damages in Texas
Survival damages in Texas are brought by the estate seeking damages that would have accrued to the decedent because of the accident and prior to his death. Often accompanying a Texas wrongful death lawsuit are pleadings relating to survival damages. Such a pleading, is appropriate when there was a question about the conscious pain and suffering or there were medical expenses and of course the funeral expenses of the family.Read Article
Stopping Distances for Big Rigs
Generally, at 65 mph the typical passenger car or light pickup truck driver will travel a total of 316 feet from the first awareness of danger before coming to a final stop. The semi-truck driver takes much longer traveling out 525 feet before coming to a final stop. In the reconstruction of a truck accident the stopping distance of the tractor–trailer can be a critical component.Read Article
The Importance of Black Box Data After a Truck Accident
The onboard computer or “black box” is now included on most of the big trucks on the highway and also on newer passenger cars. Information stored by the onboard computers has become critically important in the reconstruction of a serious truck accident.Read Article
Truck Accident Litigation vs. Passenger Car Cases
The difference between commercial vehicle litigation and normal car wrecks is substantial and requires special expertise and experience on the part of the law firm handling the claim. There are very big differences between a commercial vehicle accident lawsuit and a passenger car versus passenger car accident case. The 1st point is obvious and that is that the truck driver is a professional driver and must follow different rules of the road and different safety procedures than mom or dad.Read Article
Hours of Service Exemption for Oilfield Drivers
In a recent regulatory rule interpretation, the Federal Motor Carrier Safety Administration (FMCSA), offered guidance on what is known as the “oilfield exception” to the hours of service regulation for commercial truck drivers. Generally the hours of service rules are contained in Section 395 of the Federal Motor Carrier Safety Regulations.Read Article
Evaluating a Head Injury Case
A blow to the head and accompanying traumatic brain injury can be very difficult for the victim and also requires the personal injury attorney to have a working knowledge of head injury treatment and diagnosis. By far the most common type of head injury is a concussion, which can have varying degrees of associated problems.Read Article
Texas and Drunk Driving Accident Damages
In short, Texas drunk driving accident cases pose a significant risk to insurance companies who choose to go to trial. Over the last twenty-five years much as changed in Texas for personal injury victims. Generally, between court rulings and legislative changes, the environment in Texas has become much less plaintiff friendly and very much defense oriented.Read Article
Distracted Driving the New Epidemic
With the explosion of smart phones, text messaging, e-mail and real-time communications came the unexpected consequence of an increase in car and truck accidents because the driver was distracted at the time or shortly before the crash. Much has changed in the last ten years and the changes have had a significant and profound impact on our ability to communicate with each other.Read Article
18 Wheeler Accident Lawsuits in Texas after Tort Reform
One of the major changes in the new law was how the personal injury victims are compensated for their medical expenses. The statute now requires that innocent victims can only obtain medical expenses “actually paid or incurred”.Read Article
Fuel System Integrity Cases
A subcategory of product liability or automotive defect litigation is the fuel system integrity case. Fuel system integrity relates to the ability of the fuel system to limit or prevent fuel leakage and fires after an accident. Generally, successful fuel system integrity cases have equated to very large jury verdicts in the state of Texas.Read Article
Bifurcated Trials in Texas on Punitive Damages
In Texas, only the defendant can move the court to separate an issue of exemplary damages from the actual damage part of the lawsuit. A defendant must make a motion to bifurcate the trial before the jury selection begins, absent a pretrial scheduling order setting an earlier date.Read Article
Selecting an Austin Personal Injury Attorney
Choosing the right Austin personal injury attorney to help you recover compensations for injuries sustained due to the fault of another can be a confusing task. There are many Austin personal injury lawyers who claim vast experience in helping injury victims who seek to obtain fair and just compensation, however a limited number have the resources and experience necessary to handle a catastrophic injury or complex personal injury or wrongful death case.Read Article
How to Choose a Texas Truck Accident Attorney
Truck accidents are notorious for leaving behind serious injuries or turning fatal. When the commercial truck driver is careless or the trucking company does not properly train their drivers or maintain the vehicles and it causes a truck accident, victims may be entitled to compensation. Finding the right Texas truck accident attorney can be a critical step in the battle for compensation with the insurance carrier or the trucking company.Read Article
Sharing Safety Technology to Reduce Car Accidents
For the past four decades an organization dedicated to the global improvement of safety features on vehicles meets to discuss their latest efforts. The upcoming International Technical Conference on the Enhanced Safety of Vehicles is scheduled to come together in mid-June in Washington D.C.Read Article
Truck Driver Error
Truck driver error can take a variety of forms and is the cause of a majority of semi-truck accidents on America’s roadways.Read Article
Causes of Motorcycle Accidents
The majority of motorcycle accidents occur at or near intersections.Read Article
Regulation of the Trucking Industry Is Inadequate
The significance of regulating the trucking industry cannot be overstated.Read Article
Preventing Construction Accidents
Construction jobs especially in chemical plants are some of the most dangerous and take lives around the nation frequently.Read Article
Under-inflation is the cause for the most tire malfunctions, and breakdowns than any other reason currently.Read Article
Fuel System Integrity in Automobiles
Fuel system integrity is something that we have heard about for years and has also led to some very high profile jury verdicts from car fires. The basic concept of fuel system integrity is that in a crash at speeds that should not otherwise lead to a fatality, a victim should not perish by fire.Read Article
Always get checked out by qualified medical personnel if you have any concerns about having suffered a head injury after an accident or if you have any of the symptoms that may accompany such an injury. The consequences of not promptly seeking medical help can be quite sever in some instances.Read Article
Loading accidents cause losses in productivity to the company and many serious injuries and wrongful deaths. Effective ongoing training and the implementation of sound safety policies can both reduce injury potential and increase profitability.Read Article
Texas and Drunk Driving
Texas continues to struggle in the fight against drunk driving accidents and has proposed new bills to deal with the epidemic. However, to be effective the battle requires funding for education of teens of the consequences of drunk driving.Read Article
Regulation of Motor Carriers
Ongoing regulation of motor carriers is needed to help keep the public safe, however a better method is needed to communicate new rules and keep truck drivers and motor carriers abreast of current requirements.Read Article
Reconstruction of Truck Accidents
Accident reconstruction of a truck accident is necessary in a great number of truck accident lawsuits. Expert witnesses are used to help the jury understand what happened in the accident and most use computer software to reenact the crash.Read Article
Construction Accidents in Texas
Texas construction accidents occur frequently due to the explosive growth Texas enjoys. Many times multiple entities must be evaluated in determining legal responsibility in a construction accident case.Read Article